Tribal advocates argued during a Tuesday evening hearing in Helena that a proposed hunting bill could jeopardize tribal-state relations and result in years of costly litigation.

House Bill 216 would allow residents of Flathead Indian Reservation to hunt deer and elk on their own property, despite tribal rules that prohibit nontribal members from hunting big game. Opponents, including representatives from tribes, wildlife organizations and state agencies, said the bill contradicts long-standing agreements between the state of Montana and the Confederated Salish and Kootenai Tribes. 

“We will do our utmost to defend our treaty, our sovereign rights that have been established for tens of thousands of years on our homelands,” said Tom McDonald, vice chair for the Confederated Salish and Kootenai Tribes.  

The tribe previously sued the state in 1990 over nontribal fishing licenses. Instead of undertaking the lengthy and costly legal battle, the two parties settled out of court and established a cooperative agreement to manage fishing and upland bird hunting on Flathead Indian Reservation. 

“It is one of the most incredibly successful state and tribal agreements in the history of this state,” said John Harrison, staff attorney for the tribe. “It is very popular. The tribes don’t want to go back to litigation. The state doesn’t want to go back to litigation.” 

Several tribal and state representatives present at the hearing said a courtroom battle was likely if the bill passes. The bill's sponsor, Rep. Tracy Sharp, R-Polson, maintained that there were “no insurmountable legal hurdles” to passing the bill. 

Proponents, such as Dayton rancher Bradeon Schoening, argued that the right to hunt on personal property is guaranteed under the Montana Constitution’s Preservation of Harvest Heritage Clause. 

“I’m a hunter. I feel strongly about my hunting heritage and my Montana constitutional right to harvest,” said Schoening. “No other place should be more important than your own land to express those rights." 

Previous efforts to enforce state management of big game hunting on Flathead Indian Reservation, including a 2021 legislative bill and a 2023 proposed ballot initiative, have failed.  

The House Fish, Wildlife and Parks Committee will likely vote on House Bill 216 later this week. 

Reporter Hailey Smalley can be reached at [email protected].