Serious answer. Yes, and good question. To elaborate on the yes, just see my response to you earlier in this thread about how I don't find much merit in arguments that we owe landowners anything because they own land. But under the plain language of the NAM, landowner preference is problematic and very much so violates the NAM.
I can really only speculate an answer to the second question, but resident landowner preference has been a thing in MT since before I started getting active in wildlife politics, so I don't know the legislative history. I would be not surprised if at the time it was introduced, people fought against it under the NAM. I predict that the arguments in favor of resident landowner preference followed the same reasoning: like a NR landowner, they own habitat. But unlike a NR, they live here year round, pay different taxes, suffer our winters and droughts, are in our community, suffer the "Montana Tax" of being paid less than most anyone in any other state, etc. As I've pointed out, I personally don't find R or NR landowner preference all that compelling or different regardless, but I would think those were the arguments in favor.
I would then predict the second factor is inertia. Once a bill becomes law it becomes far more difficult to overturn, and could take literally over a hundred years to change: (
https://www.ktvq.com/news/montana-politics/montana-bill-aims-to-kill-1895-law-on-fatal-duels): particularly as you have more and more resident landowners that have taken advantage of that program; some even serving in our legislature. I'm sure there was very little appetite from the powers that be to give up something they gave themselves and their constituents. Maybe for a few sessions efforts to overturn it were introduced, I simply don't know. I'd also predict there aren't any legislators that feel they could get elected if they did bring a bill like that now. If they did, I'm sure advocates who believe in the NAM would support it.
Of course the difference here is that 635 is still fresh and very relevant to the current moment, and has the potential to be repealed because there is, in fact, a bill in front of us. @Forky Finder shared that article about land investors buying property under 635, which was one of the exact fears raised when folks stood up against it. And people still remember how it got shoved through over significant objection, and many of the people involved are still around who could make a difference to repeal it.
It should be no surprise to anyone when MT-BHA shows up in support of repealing 635; we fought hard against it when it was introduced under the principle of the NAM and sadly it became law anyways. But
@Ben Lamb isn't entirely wrong either; if you are only worried about the fiscal/hunter day/pressure effects of 635, repealing it could be premature; there are too many unknowns. But our support of repeal is based on the very principal it violates, and every day that passes while it is still law is a day we lose the ability to repeal it because of the inertia I talked about above. Eventually, the monied interests that want it in statute will enjoy it too much, and at that point it will be too late. No legislator will bring a bill to repeal it.
And just a side note: this argument that it isn't that important and therefore wasn't worth anyone's time is a knife that cuts both ways. If it violates the NAM, but "isn't that big of a deal," then why was it so important to get it passed last session? If it really wasn't a big deal to its proponents, but it was a big deal to advocates of the NAM, then the people who cared more should have won the day, and 635 shouldn't be the law now. But they didn't. Food for thought.