Ruling settles jurisdiction

The narrative surrounding the Ninth Circuit’s April 17 ruling on the McDonald Creek house in Glacier National Park is incomplete. Reports claim the owners built the house and get to keep it.

That is not what the court decided.

What the ruling did was settle a question of jurisdiction. The court determined that the federal government, not the state of Montana, has authority over private inholdings inside Glacier National Park.

That is not a free pass. It is a shift in responsibility.

That decision does not remove oversight. It clarifies where it belongs.

With federal jurisdiction comes a different set of rules. Activities on private land within the park — including construction, utility connections, and other uses, are subject to inspected, written, and recorded federal review and approval processes. Those processes exist for a reason ­— to protect the very resources that define Glacier.

The Flathead Conservation District stepped up early and acted when concerns were first raised about impacts to McDonald Creek. The court has now determined the district does not have authority in this setting. That responsibility rests with federal agencies.

This ruling does not reduce protection. It places it squarely in federal hands.

For local landowners who respect Glacier’s unique environment, that should be reassuring. Clear rules benefit everyone ­­— especially when they are consistently applied.

For private landowners in the Flathead who carefully coexist with Glacier National Park, this ruling is a clarification of those federal standard requirements. The rules are federal. They are established. And now that jurisdiction is settled, they must be applied and observed.

Just because the house was built does not mean it was allowed or approved by the park. The park has maintained it told owners all permits and reviews must be followed. The process had to move through the courts to determine where the jurisdiction lies. The ruling did not authorize the completion of the McDonald Creek structure, and it does not validate any permit or clear any federal legal pathway for completion. 

The decision did not give anyone a free pass — it made clear who is responsible for ensuring the rules are followed.

Mary T. McClelland, administrator

Monica Jungster, president

On behalf of FMSR

Friends of Montana Streams and Rivers (FMSR)

West Glacier