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News Release: May 30, 2008

EQC Seeks Comments on Trust Land Conservation Report

The Environmental Quality Council (EQC) has issued a draft report outlining options available to the Land Board, made up of the state's top elected officials, for generating revenue with conservation measures on school trust lands in Montana. The public is invited to comment on the report through June 30.

The EQC, whose members are legislators and citizens, will review the comments at a meeting July 14-15 in Helena. The council will consider a final version of the report in September.

The report is entitled "Trust Land Management: An Analysis of Conservation Easements and Other Uses of State Trust Land." It is available online at: www.leg.mt.gov/eqc. Copies also are available from the EQC office by calling (406) 444-3742.

The 2007 Legislature passed House Joint Resolution 57, which called for a study of conservation easements on school trust lands. The draft report, which recommends no changes to current law, found that the state Land Board already has several legal options.

The Land Board oversees the management of about 5 million acres of land for the benefit of schools and other institutions.

State law allows the Land Board to grant easements for "conservation purposes" in three fairly specific scenarios. The Land Board also may:

  • Sell an estate or interest in state trust lands. This interest could include the sale of development rights. The authority includes the ability to sell or retain an estate or interest in perpetuity.
  • Retain an estate or interest in school trust lands, including the retention of development rights.
  • Grant an easement for "other public uses," which are not defined.
  • Grant easements on school trust lands for natural areas under the Montana Natural Areas Act of 1974.
  • Accept gifts or donations of land or other property with the obligation to manage the land for the benefit of the specific purposes designated by the person gifting the property. This could include conservation restrictions on the property.
  • Lease trust lands for up to 99 years for uses that could, and have included, conservation uses.

Comments may be submitted to Joe Kolman, Legislative Environmental Policy Office, Room 171A, P.O. Box 201704, Helena MT 59620-1704, or by e-mail to jkolman@mt.gov. Please include HJ57 in the subject line.

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Last Modified:7/1/2008 1:31:30 PM