For
immediate release
June 10, 2019
Contacts:
Katie McKalip, Backcountry Hunters & Anglers, McKalip@backcountryhunters.org,
406-240-9262
Matthew Bishop, attorney, Western Environmental Law Center,
bishop@westernlaw.org, 406-324-8011
Michael Kauffman, attorney, michael@drakemt.com, 406-495-8080
Kathryn QannaYahu, Enhancing Montana’s Wildlife and
Habitat, kathryn@emwh.org, 406-579-7748
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 maps of the trail
are available here.
Crazy
Mountains Public Access FAQs
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