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The Devil's in the Details: Resolving State Mineral Rights in the North Fork Flathead Valley
When Gov. Schweitzer and BC Premier Gordon Campbell signed the historic Memorandum of Understanding (MOU) on the North Fork Flathead River in February 2010 Headwaters Montana heralded that event as an "historic breakthrough". And indeed it was. But like all signed agreements, the MOU was only a beginning.
The Devil's in the Details: Resolving State Mineral Rights in the North Fork Flathead Valley
HEADWATERS MONTANA. September 13, 2011. When Gov. Schweitzer and BC Premier Gordon Campbell signed the historic Memorandum of Understanding (MOU) on the North Fork Flathead River in February 2010 Headwaters Montana heralded that event as an "historic breakthrough". And indeed it was. But like all signed agreements, the MOU was only a beginning.
Unless fulfilled (i.e. made concrete with legislation and other actions) the MOU and the protections it promised could be lost for another generation to fight. Headwaters Montana is not going to let that happen.
One very important detail: How to remove State of Montana mineral rights in the North Fork Flathead from possible future exploitation? Today, Headwaters Montana is moving a solution forward.
MOU Historical Thumbnail
Following the signing of the MOU:
- Premier Campbell passed an executive order (an "Order in Council" in BC) that banned the leasing of minerals or oil and gas resources in the BC Flathead Valley. However, BC must still pass a legislated ban.
- Senators Baucus and Tester introduced senate bill 233 that would permanently withdraw federal minerals from future entry in the North Fork River watershed. And,
- Governor Schweitzer convinced the State Land Board (that controls state lands) to place a "no-surface occupancy" stipulation on any North Fork state lands mineral lease. This was a stop-gap measure and this edition of our newsletter will detail the efforts to permanently close this gap.
Why State Mineral Rights are Critical to Transboundary Protection
State lands comprise approximately 17,000 acres within the North Fork Flathead watershed. Some of these lands may contain mineral resources and some provide very valuable wildlife or fisheries habitat. But most importantly, the BC-MT MOU stipulates a ban on mining and energy development in the watershed.
A ban is a ban. The State of Montana - in addition to the federal government - must permanently withdraw its lands from future entry or risk BC reneging on the historic and long-sought MOU. In this game, no short cuts are allowed.
Fashioning a Solution
Headwaters Montana has spent the last several months fashioning a solution that appears now to be moving forward. Here's an overview:
- Montana's Department of Natural Resources and Conservation (DNRC) is interested in an exchange of their North Fork mineral resources for federal mineral resources elsewhere in Montana. Once exchanged, the new federal mineral rights under North Fork state lands would be extinguished by S. 233.
- The US Bureau of Land Management (BLM) is compiling a list of its properties that could be subject to such an exchange.
- Montana's Fish, Wildlife and Parks Department has begun evaluating the fish and wildlife habitat values of such an exchange.
- An exchange will likely take federal legislation.
- Legislation could be introduced before 2012.
As you can imagine, the devil's in the details, not least of which is ensuring that various political interests across Montana, and even the US as a whole, are properly approached and included.
Local Action
Headwaters Montana plays the local field here in the Flathead. We need your support today to keep making progress on this detail of the historic MOU. Over the next few months Headwaters Montana will be responsible for the following activities:
- Ensuring that the BLM prioritizes the mineral exchange issue;
- Working with FWP's to verify that fish and wildlife values are not compromised (in the Flathead or elsewhere in Montana) through a mineral exchange;
- Engaging all stakeholders to build support for the exchange and the legislation required to implement it.
How You Can Help
Do you remember how good it felt when the historic BC-MT MOU was announced in 2010? It was akin to the feeling "We Won!" And we did; we won the first quarter. Now we're into the middle of the game. The state mineral rights issue is just one area where Headwaters Montana is working to protect the North Fork Flathead.
Please stick with us and provide Headwaters Montana with your tax-exempt, charitable donation today to carry the game all the way to the end. Please click here to make your donation or the red button at left.
We welcome and greatly appreciate any contribution large or small.
~ Thank You! ~
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