Vigilance
"The law helps the vigilant before those who sleep on their rights."
~ Montana Code Annotated 1-3-218 Maxims of Jurisprudence
~ Montana Code Annotated 1-3-218 Maxims of Jurisprudence
At the bottom is the Crazy Mountain March Public Meeting Invitation. Please join Friends of the Crazy Mountains (FOCM) and Enhancing Montana's Wildlife & Habitat (EMWH) for a factual informational public meeting (just a teasing taste below).
First, the Park County Clerk and Recorder office feels like my second home these days. This is where I have been doing all the Northern Pacific Railroad Grant Deed research, as well as Right-of-way research. Sections with language- "the
land hereby conveyed being subject, however, to an easement in the
public for any public roads heretofor laid out or established, and now
existing over and across any part of the premises."
This is very important. Here is why. I read a District Court case a little over a week ago, then I realized the power of what I had been gathering since this summer. In 1948, after outfitting Crazy Mountain landowner Van Cleve had been cutting off public access, the Forest Service sued. The foundation of the US Attorney's case was the Railroad Grant deed. This was how we have the access on Big Timber Canyon Road on the east side.
"That the United
States has a special right, title and interest in said highway and trail
and all parts thereof, including the parts thereof situated upon lands
now owned by the defendants, amounting to an easement and right-of-way
for said purposes by reason of the facts that said road and trail were
established upon said land when it was in part public land of the United
States of America and in part in the ownership of the Northern Pacific
Railroad Company, and its successor in interest, the Northern Pacific
Railway Company, which said railroad company and railway company
dedicated the same as a public highway, which was appropriated by the
United States and the general public prior to the issuance of any
patents therefor, thereby reserving unto itself and the general public
said public highway, road and trail, and by reason of the fact that the
United States and its permittees and the public have for more than 50
years used said road and trail for said purposes..."
Not only was the Railroad grant deed
the foundation of the case, but it was also the foundation for the
injunction to force the landowner to remove the signs and locks that
were obstructing the Forest Service and the public from access. The
Judge granted the injunction.
I have railroad grant easements and
ROWs all over the Crazy Mountains - including the west side involving
the Porcupine Lowline trail area that is currently involved in a portion
of the Trail #267 obliteration proposal.
Yesterday, the Forest Service announced that they were initiating a trail relocation proposal
on the northern part of #267, moving it mostly from private land to
public land. Their public scoping process is 30 days for public
comments, which began yesterday. Currently #267 is part of the motorized
access by mountain bike, motorcycle and snow mobile, part of a system
that begin at the Shields, just north of Porcupine. The relocated trail "will be designed and engineered to non-motorized trail standards."
The public will not only lose this use, but the much higher and steep
elevations will limit the children, elderly and limited users that are
not Mountain Goats. More on this at the very public meeting on March
13th (I have 3D maps).
I spoke with the FS rep involved
with this proposal today and amongst other questions, asked if they had
filed their Notice of Intent with the Federal Register. I had been
watching it for a week. I also asked about the FS Schedule of Proposed
Actions (SOPA), that filing also did not show up on the webpage. SOPA
contains a list of proposed actions that will soon begin or are
currently undergoing environmental analysis and documentation. No
information was provided.
I was told they are not going to do
an Environmental Impact Statement (EIS), they believe that they have a
Categorical Exclusion (CE). Federal action may be "categorically
excluded" from a detailed environmental analysis if the federal action
does not, "individually or cumulatively have a significant effect on the
human environment". I questioned how they could possibly avoid an EIS
when this proposed trail traverses such steep terrain and crosses a
number of creeks: Porcupine Creek, North Fork of Elk Creek, Daisy Dean
Creek and Horse Creek. The FS engineer I spoke with just prior stated
that these are just lines on a map until he gets on the ground and sees
the terrain. No engineering report has been done on this proposal prior.
When I brought up all the creek crossings, the engineer said they may
need bridges and/or stock bridges.
This made me wonder, did the FS do
any other necessary scoping? "Scoping includes refining the proposed
action, determining the responsible official and lead and cooperating
agencies, identifying preliminary issues, and identifying interested and
affected persons." So I called the Region 3 Livingston fisheries
biologist to see if the FS ever contacted them about those creeks. They
had not. I called the Region 3 Fisheries Manager Travis Horton. He also
had not been contacted by the FS about the creeks. I requested the
fisheries biologic data on these Creeks.
Here is the thing - this is
Yellowstone Cutthroat Trout historical and current habitat. Below are
two maps from the MT FWP website section dealing with the Yellowstone Cutthroat Trout Conservation page. There is a Memorandum of Understanding and Conservation Agreement
between various federal and state agencies on Yellowstone Cuts. YCT are
a Species of Concern by the State of Montana and a Sensitive Species by
the USFS. How can the Forest Service not do an EIS? I have contacted
Montana Trout Unlimited on this matter.
Just a final note, recent news release articles
included a false statement, "Lighthiser said the new trail is supported
by several different groups, including the Backcountry Hunters and
Anglers, the Montana Wildlife Federation and the Park County Commission.
She said putting egos aside gets everyone to a better outcome." I
called BHA and Park County Commissioner Steve Caldwell, not having seen
or heard of any statement of support for this trail obliteration
proposal thus far. Both stated it was not correct. An online correction was made on the article stating, "Neither group has discussed endorsing the proposal." Printed copies have already gone out, however.
Will
the Historical Crazy Mountain Trail Systems Survive
Another Generation?
It has been almost a
whole generation of public access obstruction on your 100+ year old historic
Crazy
Mountain
Trail System.
Just as no one expects
a private landowner to give up their historic water
rights, public landowners should know our deeded and
historic prescriptive access rights!
-
Would you like your access restored for your and future generations?
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Do you want your Federal public land managers responsive to our public, multiple use and public trust resource needs?
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How can we effectively advocate for our Crazy Mountain public lands & access?
Please join us for a
free, open, transparent Public Meeting involving the
West Crazy Mountains Porcupine Lowline Trail System,
including a general east Crazy Mountain access overview.
March
13, 2018, 6-8 PM
Please
come early, meeting will start promptly at 6 PM.
Yellowstone
Pioneer Lodge, Yellowstone Conference Room
1515
W. Park Street, Livingston, MT
406-579-7748,
Event Contact: Kathryn
If you are coming from
out of town, the Yellowstone Pioneer Lodge
(406-222-6110) is offering a special location event rate
discount of 20%.
-
Guest Speakers, Presentations, Video Tour, recent landowner Trail #267 relocation scoping process and upcoming southern Crazy Mountains land exchange, Prescriptive Easements.
-
Q & A, open mic
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Informational resources, maps, history, FS NEPA process, Forest Service contacts, Yellowstone Cutthroat Trout info and Crazy Mountains User Survey will freely be available to the public.
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Media, elected officials and legislators welcome.
-
Coffee, tea & refreshments will be provided.
Event
sponsored by Friends of the Crazy Mountains and
Enhancing
Montana's Wildlife & Habitat.
For more information
contact:
Brad Wilson, FOCM, friendsofthecrazymountains@gmail.com
Kathryn QannaYahu,
EMWH, kathryn@emwh.org
For more information: www.emwh.org Click the
Crazy Mountain Link
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
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