Forward from the EMWH Newsletter
For
immediate release
June
10, 2019
Contacts: Kathryn QannaYahu, Enhancing Montana’s Wildlife and Habitat, kathryn@emwh.org, 406-579-7748
Contacts: Kathryn QannaYahu, Enhancing Montana’s Wildlife and Habitat, kathryn@emwh.org, 406-579-7748
Matthew
Bishop, attorney, Western Environmental Law Center,
bishop@westernlaw.org,
406-324-8011
Katie
McKalip, Backcountry Hunters & Anglers,
McKalip@backcountryhunters.org,
406-240-926
Public Land Advocates: Forest Service Must Reopen Public Trails in Montana’s Crazy Mountains
Coalition of sportsmen-conservationists contends the Forest Service is abdicating its duty to uphold and
defend public access to historical trails
HELENA,
Mont. – A coalition of conservation-based groups filed a lawsuit today against the U.S. Forest Service to maintain traditional public
access opportunities in the Crazy Mountains of Montana. The coalition
includes Friends of the Crazy
Mountains, Backcountry Hunters & Anglers, Enhancing Montana’s Wildlife and Habitat, and Skyline
Sportsmen.They are represented by the Western Environmental Law
Center and the Drake Law Firm.
The
groups’ challenge hinges on the Forest Service’s continued lack
of progress and unresponsiveness in maintaining the public’s right
to access public lands and waters in the Crazy Mountains. In
February, the
coalition submitted a letter to the Forest Service
summarizing concerns over public access in the Crazies and notifying
the agency of its intent to sue should access issues fail to be
resolved.
"The
upper levels of the Forest Service chose not to respond or address
our local public access concerns and repeated complaints of
obstruction,”
said Brad Wilson of Friends of the Crazy Mountains, a retired
Park County assistant road supervisor and deputy sheriff.
“Due to the Forest Service’s negligence, we had no choice but to
appeal to the court.”
The
coalition contends that the public, has longstanding and permanent
public access to Montana’s Crazy Mountains. The lawsuit charges
that until recently the Forest Service supported and maintained the
public’s access to the trails, but certain Forest Service leaders
now are abdicating their duty to protect and preserve public access
there. The suit specifies four trails, two on the west side and two
on the east side of the mountain range, that are mapped as public
trails, are well known and have been traditionally used by the public
but where certain landowners now are illegally and impermissibly
attempting to deny public access (Porcupine
Lowline #267, Elk Creek #195, East Trunk #115/136 and Sweet Grass
#122).
“Hearing
about attempts to obstruct public access obstruction in the Crazy
Mountains, I began over 1,100 hours of documentation, FOIA requests
to the Forest Service, and historical research that verified these
trails are public,” said Kathryn QannaYahu of EMWH.
“Especially compelling were the county
railroad grant deeds of private land, containing the words 'easement
in the public.' What
I found angered me, because the
public has easement interests on these four trails, which the Service
isn't protecting on our behalf. On the contrary, they're allowing
certain landowners to attempt to obstruct public access and undermine
my and the public's ability to access historic trials in the Crazy
Mountains.”
In
a response to Sen. Steve Daines dated Oct. 2, 2015, Forest Supervisor
Mary Erickson wrote, “The Forest Service maintains that it holds
unperfected prescriptive rights on this trail system, as well as up
Sweet Grass Creek to the north based on a history of maintenance with
public funds and historic and continued public and administrative
use.”
“We
have been transparent in our goal of restoring public access to the
Crazy Mountains,” said Tony Schoonen of the Skyline Sportsmen and a
member of the Montana Outdoor Hall of Fame. “Our coalition has
committed substantial work to researching the situation in the
Crazies, and we plan to continue pursuing this goal in the public
eye. While it’s hardly surprising that some politicians and
out-of-state bureaucrats are seeking to steal access to our land, we
refuse to let it go without a fight.”
“The
Forest Service is bound to do its job and maintain access to these
trails,” said Matthew Bishop of the Western Environmental Law
Center. “It’s just that simple. This means managing and
maintaining the trails, replacing and reinstalling national forest
trail markers and signs, and ensuring public access on our public
trails in the Crazy Mountains.”
In
the words of the Forest Service’s own attorneys regarding one of
these trails: “Indeed, it would be irresponsible of the Forest
Service to simply abandon these easement rights or fail to reflect
their existence in the travel plan simply to avoid the souring of
relationships between landowners and recreational groups.”
“These
trails are public and were managed that way for many years. We stand
with those hardworking Forest Service employees committed to
responsibly managing our public lands and waters,” concluded John
Sullivan, chair of the Montana chapter of Backcountry Hunters &
Anglers. “Forest Service leadership has stated that these trails
are public, yet somewhere along the line their tune changed. We have
no intention of standing idly by while this faction engages in the
very behavior it has deemed irresponsible. We will fight for the
public’s right to access these public lands and waters, which are
central to our Montana way of life.”
Photos and map of the trails are available here.
Photos and map of the trails are available here.
________________________________________________________________
I want to thank those individuals
who have subscribed and contributed, which has assisted in my research
on the Crazy Mountains over the years, more recently Montana Sportsmen
Alliance, Montana Chapter of Backcountry Hunters & Anglers, Dan
Mahn, Nancy Ostlie, Greg Munther, Gayle Joslin, Donald, Stein, Paul
Olson, Hallie Rugheimer, Mike Korn, Brad Wilson, John Daggett, Dwayne Garner and James McGehee.
I still have some research to finish, if you would like to contribute towards these efforts, it would be greatly appreciated.
Click to be a Contributor or Subscriber to
Enhancing Montana's Wildlife & Habitat
Thank you,
Kathryn QannaYahu
406-579-7748
www.EMWH.org
Helena, MT
