The Lincoln County Commissioners are appealing a decision by the U.S. Department of the Interior and Northwest Regional Office of the Bureau of Indian Affairs that confers 8.3 acres of land at Kootenai Falls to the Confederated Salish and Kootenai Tribes.
The tribe owns the property between Libby and Troy that includes Kootenai Falls, a culturally significant spot for the Kootenai people. Officials with the tribe and BIA would like the U.S. government to acquire the land in trust for the reservation.
In the initial request in March, the tribe argued that the BIA is legally able to acquire land outside of a reservation when the plot is “necessary to facilitate tribal self determination, economic development, or Indian housing,” according to the Indian Reorganization Act of 1934.
Kootenai Falls is the largest, undammed falls in Montana and one of Lincoln County’s largest attractions. Located alongside U.S. Highway 2 and the BNSF Railway tracks, the Kootenai River loses 90 feet of elevation in less than a mile at the falls. The site features hiking trails and a swinging bridge that offers access to the other side of the river. It was also the setting for the 1994 movie “River Wild” with Meryl Streep, Kevin Bacon, David Strathairn and John C. Reilly.
The county has made multiple appeals of the decision since the spring. In its most recent appeal, filed on July 9, it argues that taking the land would be detrimental to the county. The commissioners argued that the county would lose tax revenues, which would harm its already stretched budget. According to Commissioner Tony Berget, the property’s tax value is more than $800 annually. It also argues that because the federal government already owns 70 percent of the land in the county, giving up another eight acres would not be in the county’s best interest.
Another issue brought up in the appeal is the land’s location, more than 125 miles from the nearest border of the Flathead Reservation. Because of that, the commission argues that greater scrutiny should be given to the request. The commission also notes that currently the tribe has the rights of any other property owner in the county and worries that might change if the land is taken over by the federal government.