The Inexcusable Shrinking Crazy Mountains & Other Access Issues

Click map for larger version

Montana Standard OpEd Link

Recently touted as a “made-in-Montana compromise”, this 3^rd land exchange proposal (east-side of the Crazy Mountains) is anything but – let's call it what it is – a big money sellout.

For the public trust's sake, here are the tip of the iceberg points, and how these land exchanges are shrinking the Crazy Mountains.

• Tom Glass (Western Land Group, Inc. representing the Yellowstone Club) was in discussions with Custer Gallatin National Forest Supervisor Mary Erickson, on a proposed land exchange in Big Sky. Glass was informed that the land they offered the FS, was not an equal exchange, they would need to come up with the value balance.
  
  
• Supervisor Erickson directed Glass to look to the Crazy Mountains for the value balance needed. My FOIA requests confirm Glass met with Supervisor Erickson and Regional Forester Leanne Marten, during stated time period.
  
  
• On February 10, 2020, Enhancing Montana's Wildlife & Habitat, our Friends of the Crazy Mountains plaintiffs and attorneys attended a private meeting requested by Glass and Jess Peterson (Western Skies Strategies), involving their proposed eastern Crazy Mountains land exchange they were creating for the Forest Service. This presentation was also given to numerous groups, shopping for buy in.
  
  
• Glass stated they did not believe a NEPA process would need to be conducted and were leaning towards a Congressional legislative exchange, rather than administrative, potentially steamrolling the process and reducing opportunities for public involvement. Glass registered as a Congressional lobbyist, on behalf of Yellowstone Development, LLC, on March 1, 2020, to lobby on “Land Exchange Legislation”.
  
  
• Not only does this east land exchange ignore the approximate 100 year old public access existing trail system, abandoning a crown jewel Sweet Grass Trail to privatizers, it also moves the trails to much steeper elevations, limiting users who can physically access the trails. This proposal, as the others, ignores the fact – the public already HAS ACCESS: historical prescriptive easements, Northern Pacific Railroad grant deeds, and RS2477 public access, if only the FS would simply do their job to defend it from private landowner obstruction.
  
  

To summarize what got us to this point:

2015, Responding to Sen. Daines, concerning Trail 115/136, 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.”  

 

2017, As landowners objected to Sienkiewicz's multiple-use management, Custer Gallatin National Forest Supervisor Mary Erickson, began shifting Forest Service management, away from previous long-held FS positions defending and maintaining public access in the Crazies.  

 

June 16, 2017, District Ranger, Alex Sienkiewicz was removed, after Sen. Daines wrote to Ag Sec. Sonny Perdue, including landowner false allegations. After public outcry and an investigation, Sienkiewicz was re-instated, but has not been involved with any proposed exchanges.  

 

2019, The east and west-side are currently in litigation; south-side exchange is sitting after majority public comment opposition; this east-side exchange has not formally been presented to FS yet.  

 

Taken as a whole, between east and west-side obstruction requiring litigation, proposed southern exchange, now the east proposal, we're seeing the inexcusable shrinking of the Crazy Mountains, a theft from the public's hands. 

 

To view a satellite map with existing trails and proposed trails, go to EMWH.org, to view shrinking of the Crazy Mountains. 

While collaboration and finding solutions is great, as a public trust researcher and advocate, not only do I disagree with the east-side proposal and its faulty foundation, I feel Supervisor Erickson's directing of the Yellowstone Club's involvement and money towards the Crazy Mountains is appalling, exacerbating an already flammable situation. 

Please contact Senators Tester and Daines, Rep. Gianforte- tell them, “Do not legislate the East Crazy Mountains, it must go through the administrative process, the public must have input. 

Kathryn QannaYahu, Founder of Enhancing Montana's Wildlife & Habitat
__________________

The east-side land exchange proposal group already held their first meeting in Livingston. A member of the public attended their tabling event and was told by one of the groups members, that the Sweet Grass Trail #122 is open to the public now and has never been limited. 

This is absolutely not true. My FOIA documents show repeated threats and harassment against those that did trail maintenance work and you can view the landowner posted sign ( East Crazy Mountain obstructions page - 4th image, black and white) saying the public had to request permission and sign in.

And don't forget the harassment picture of the public who did not sign in or ask permission, in Chris Solomon's article, The Fight for Public Land in Montana's Crazy Mountains.

The landowners blocked them in by parking inches in front and behind their vehicle to harass them.

 

Another reminder, these trails were affirmed in the 2006 Forest Service Travel Plan, Crazy Mountain portion, which some of the involved landowners protested in court, resulting in the Court upholding the Travel Plan.

Additionally, here are the links to the Forest Service Release of Easement Interests on the west-side, easement interests we have been saying all along the public already had, which the Forest Service used to defend and we are having to litigate to enforce and in the West Crazies, need to be restored to the Public.

Forest Service Release of Easement Interests - Henry Guth Incorporated (#267)
Forest Service Release of Easement Interests - M Hanging Lazy 3, LLC Zimmerman (#267 & #195)

I am currently researching another Yellowstone Club connection in this East Crazy Mountains land exchange proposal.

A couple weeks ago, following up on an old Forest Service communication I thought was an error, involving Crazy Mountains public access, part of which is on Sweet Grass Trail #122, I went back to the Park County Clerk & Recorders office and found more landowner conveyed public access deeds. This reroute moves the public away from a portion of stream access fishing of Sweet Grass Creek, privatizing it.

As Brad Wilson has rightly asked, "Would these landowners give up their Historical Water Rights without a fight?"

Why is the Forest Service giving away our easement interests on a 100 year old trail system, instead of defending and maintaining them as they did before 2017?

_______________________

• On a good court news front, Gayle Joslin sent me a link on their Helena Hunter & Angler lawsuit against the Forest Service.

        "A federal judge has halted the U.S. Forest Service’s plans to log and do other fuels    reduction work in portions of an inventoried roadless area near Helena...the agency’s plan ran counter to environmental law and rules."

        Congratulations Gayle, I know you put a lot of work into this.

• Land Board approves Anaconda wildlife area addition, fishing access on Bitterroot

"On Monday, the Montana Land Board voted unanimously to approve the addition of 600 acres to the 9,000-acre Garrity Mountain Wildlife Management Area."

• Bullock, Tester push back on Pendley appointment, A day after Montana Gov. Steve Bullock sued to remove acting Bureau of Land Management Director William Perry Pendley from his post, public lands advocates and Montana’s Democratic senator are calling for hearings on Pendley’s nomination to lead a federal agency responsible for managing millions of acres of public lands, saying he is unfit for the position.
  

• Tester Bill Would End No-Bid Oil, Gas Leasing on Public Lands, What happens when an oil or gas lease on Bureau of Land Management land goes up for auction and no one bids on it? It isn't taken off the market.
  
  Instead, oil companies can buy the lease for the low price of a $1.50 per acre. That's why Sen. Jon Tester - D-Mont. - is introducing the Leasing Market Efficiency Act, which would eliminate the practice of non-competitive leasing.
  

• Judge recommends halt to BLM project in Elkhorns, A U.S. magistrate judge has recommended that a Bureau of Land Management prescribed burning project in the Elkhorn Mountains be halted as a court case proceeds.
  
  Judge Timothy J. Cavan made the recommendation Monday on BLM’s Iron Mask Project northwest of Townsend in response to a lawsuit from Alliance for the Wild Rockies and Native Ecosystems Council. The case will now need to go before a U.S. District Court judge for a final determination.
  

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

Standing on the Shoulders of Giants

“If I have seen further it is by standing on the shoulders of Giants.”

Montana has many natural, public resource treasures to be in awe of - Jim Posewitz was one of our treasures.

Jim not only work as a public trustee with Montana Fish, Wildlife & Parks from 1961-1993, but as a dedicated conservation communicator, upon retiring, founded Orion, The Hunter's Institute, and was a member of or worked with numerous conservation groups across the state and nationally. 

Jim passed away on the 3rd of July; my heart is heavy, he will be greatly missed.

I met Jim at a conservation meeting in 2012. I was asked to introduce myself, briefly explained my background with ancient historical and archaeology research. During the next break, Jim Posewitz walked over, a big grin on his face, extended his right hand to shake mine, then handed me 4 of his books he had written. I had met a kindred soul. We bonded over history and I became a conservation history student, of sorts, of Poz. His bredth and interconnectedness of knowledge, between history, conservation, politics, and science, was pure joy to me.

After I created my first editorial cartoon for the newsletter, to cathartically vent, Jim called, laughingly telling me I had been holding out on him. Jim loved editorial cartoons. There were a small handful of friends I would run my cartoons by, to polish them with suggestions, and Jim was a big one. I loved his sarcastic sense of humor, which editorial cartoons are a perfect vehicle for.

Jim explained the Public Trust Doctrine and North American Model of Wildlife conservation, which he wove into many a future conversation. Poz told me how he wasn't taught history or philosophy or ethics in college, while he was getting his degrees in Wildlife Management; subjects he said, were at the core of what he would do with the rest of his life. Looking to communicate his many conservation ideas, he was directed to a writing manual, which he used to communicate his conservation & ethics ideology in the many articles and books he wrote.

 

Posewitz wrote Beyond Fair Chase, Taking A Bullet For Conservation, Inherit The Hunt, Rifle In Hand, and his latest book, My Best Shot.

I asked Jim if I could video interview him, earlier this year, before all the COVID quarantining hit. Even as things were getting more difficult with his health, he still loved sharing his wealth of knowledge, his humor and passion.

I, and so many others Jim touched and taught, will greatly miss this giant of a man.

Gayle shared a Jim Posewitz Memory page

We must find a new generation of giants - Montana Standard

"It has never been more important for individual conservationists in the state to step up, be heard, and take action. We must, in Tawney’s words, 'fight like hell to pass it on to the next generation.'

We can’t squander the legacy of the giants who came before us. And we must make sure we elect men and women who understand that legacy and embrace it."

_________________

Jim Bailey, of the Montana Wild Bison Restoration Coalition, recently sent out this newsletter.

"Hello, First and foremost, this is to inform you that our friend in wildlife conservation, Jim Posewitz passed on to his happy hunting ground on July 3. It is a great loss to the communities of wildlife conservation, hunters and all. Jim was a leader in wildlife management and for responsible conservation ethics during his career with Montana Fish & Game, now Fish, Wildlife & Parks. In retirement, he founded Orion the Hunters Institute and wrote several books on hunters’ ethics. He challenged us all to accept our mutual public-trust responsibilities for the wildlife resource, including its foundations in the land. We miss him sorely.

A few months ago, the Montana Wild Bison Restoration Coalition took some video of Jim speaking about the history of Montana wildlife conservation and about his support for restoring public-trust wild bison in Montana. We intended to produce another video, featuring Jim, for informing the public of issues related to bison restoration. But the project was put on hold for lack of funds. Now, we want to complete the project, making it broadly available, as another tribute to Jim.

We are soliciting contributions for this project. If you can, please contribute." (click 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

Lest We Forget

Mail-In Primary Election Ballots are out... please vote for candidates that don't just talk about our Montana public lands & access, stream access, the environment & wildlife - vote for candidates who actually defend and enhance them with action!

Over the years, there are some candidates who keep running for a variety of positions. While they tout their desire for "public service" as their motivation, it is really about power & control - power and control to privatize and profit.

For example, in 2016 a group of Republicans went around Montana campaigning as a group - "Future Land Board". That was the whole bloody point of these candidates running for those specific positions, was to CONTROL our STATE LAND BOARD!!!

 

 

 

 

As far as public lands and access, including stream access, that is where some of these candidates really are dangerous for Montana.

So for a reminder as to how horrible some of these candidates are for Montana and Democracy in general, here is some of the research I have done over the years, made public for y'all on the EMWH website and networked thru the Newsletter...

Greg Gianforte lied, when he last ran for Governor, about our FWP Fishing Access Site Easement in the Gallatin - a perpetual easement, btw. He was trying to make a land grab by filing a lawsuit, demanding FWP give up our deeded public access. I went to the courthouse and clerk & recorders offices in Bozeman, got the lawsuit and the property records to show the truth. Click to view the Easement documentation webpage.

Gianforte also assaulted a journalist on the eve of the Special Election in 2017. Click to view the assault documentation webpage.

Now Gianforte is running for Governor again, whis is a Land Board position, this time with public access partner in obstruction - Kristen Juras.

Kristen Juras ran for the Montana Supreme Court. Once she filed, I looked thru law journals to see what she wrote about. I found a law review - Stop the Beach Renourishment. On page 58 she wrote, "Although the early Montana courts and legislature strongly protected riparian rights (1) by extending riparian ownership to the low-water mark of navigable waters and to the middle of non-navigable waters, and (2) by affirming the riparian owner's right to exclude the public's use of privately-owned stream beds, these rights have progressively eroded. The first erosion was slight (and, in view of Montana's affinity for fishing, caused little controversy) -the adoption in 1933 of the 'angler's statute' allowing fishermen to enter onto the banks of navigable rivers between the low- and high-water marks for purposes of fishing. The second erosion was monumental-the expansion of the public trust doctrine to allow public use of both navigable and non-navigable stream beds for recreational use." She's talking about our Stream Access and Public Trust Doctrine as an erosion!

Click to view the Kristen Juras anti-public access documentation webpage.

Troy Bryan Downing Jr. ran for U.S. Senate in 2018. He is now running for one of those Land Board positions, State Auditor.

A week before Downing was to stand trial for the 9 FWP hunting violations (including purchasing Resident license when he was a California resident, robbing FWP of the funds), Downing plead guilty to 2 charges as part of a plea agreement. Click to view the Troy Downing FWP documentation webpage.

Additionally, Downing hired a Republican opposition researcher from Washington, D.C., who used to work for the Republican National Committee doing oppo research, to research me - not a candidate - as a result of my watchdogging research.

____________________

On an additional political front, in February I attended our Montana Progressive Democrats annual meeting. I was asked to run and was elected for the Communications position. The Montana Progressive Democrats are a chartered & recognized partner organization of the Montana Democratic Party.

I'm gradually working on the Montana Progressive Democrats website, showcasing progressive activism and positions from across the state (be patient). I just recently produced the Candidate Endorsement memes, you can check those out on our MT Progressive Dems twitter page.

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

Conservation in the Time of Coronavirus

Like many others, I had been sick for weeks. Thankfully, a friend in CA whose company made clothing, retooled to make masks for medical care workers. She sent me 5 yards of a medical grade thermal bonded nonwoven polypropylene filter material that I've been doubling in the masks I've been making, to help protect some of our older populations. I know from other conservation conversations with friends, there are others sewing masks across the state to aid efforts to protect the public and our medical care workers. This is how we step up to help our communities.

To those medical care and essential workers, thank you.

To those making masks - thank you.

To those wearing masks - thank you.

To those not wearing masks - wear a @#%* mask!!!

 

 

 

 

As with all things, I don't rely on MSM for news, I've been researching academic papers. I came across an academic paper addressing need for increased social distancing, staggering or side-by-side while exercising outdoors, for example on populated trails and parks. Towards aerodynamically equivalent COVID-19 1.5 m social distancing for walking and running.

Weather and humidity can affect droplet concentration. "They found that deep exhalation (exercise) yielded a four to sixfold increase in concentration and rapid inhalation a further two- to threefold increase in concentration."

 

 

 

 

 

15 ft for walking

33 ft for jogging/slow cycling

65 ft for running/fast cycling

While Montanans love our public lands and public access, please be safe outdoors.

You can check this link for FWP coronavirus COVID-19 related closure and suspension news/updates.

Trump seizes on pandemic to speed up opening of public lands to industry

"The secretary of the interior, David Bernhardt, has sped efforts to drill, mine and cut timber on fragile western landscapes. Meanwhile, the EPA, headed by the former coal lobbyist Andrew Wheeler, has weakened critical environmental laws and announced in March that it would cease oversight of the nation’s polluters during the Covid-19 crisis."

Rules Change

Notice of Adoption of Administrative Rules Pertaining to Public Access Landowner Agreements

Mike Korn (retired FWP) and I attended the FWP hearing, in Feb., to address a number of concerns about this program's rules. I took my copy of Gov. Bullock's letter with me, in response to my comments during SB 341 and the lack of protection for our public lands access, especially historical prescriptive easements, RS 2477 & RR grants deeds with easement in the public language.

"Accordingly, as my administration implements this bill, I am directing the Montana Department of Fish, Wildlife, and Parks to adopt rules that will require the Department to determine if the public already has access to a property before finalizing any agreement under SB 341."

While the language is better, including language we recommended about FWP exercising "due diligence" to research any pre-existing public access,

"The department may not enter a PALA where there is an existing right of public access over the proposed access route. If the department is uncertain whether the proposed access route is public or private, or if a controversy exists over whether the proposed access route is public or private, the department shall present its findings to the PL/PW for its consideration in its recommendation."

FWP elaborates in RESPONSE #7: "In response to this comment, the department has amended the proposed language to better explicitly state the department will exercise due diligence so as not to enter into any agreements for which a right to public access already exists. In its exercise of due diligence, the department intends to use a checklist of questions and criteria to ensure that there is no existing public access. The department's checklist would include things such as checking county records to make sure the proposed route is not a county or public road and that the county does not do maintenance on it, checking with FWP field staff along with staff of the agency that manages the public land to be accessed to see if they are aware of any asserted claims or controversies related to public access, checking newspaper articles and press, and checking with local or area leaders."

Yet, FWP does not mention unperfected historical prescriptive easements directly, which would not be recorded in county records, or possibly some of the RS 2477 roads/trails. While Railroad Grant Deeds, which may include "easement in the public" language, these also may not show up in county maps of easements. The railroad grant deeds are also not directly addressed.

Without the specifics, the public will not know if "due diligence" is actually being exercised. So my recommendation is for the public to routinely request applications to watchdog and research any existing public access, including unperfected historical prescriptive easements, RS 2477 and Railroad Grant Deed easements. Without individual or group sponsorship to pay for public access research, I unfortunately cannot continue to pour myself out doing this public access research freely, as needed as it may be.

Ups and Downs for Bison Restoration - Proposal by Montana Wild Bison Restoration Coalition

"Montana Fish, Wildlife & Parks has solicited site-specific proposals for bison restoration and conservation in our state... Therefore, we have produced a draft proposal to develop a herd entirely within the UL Bend area of the Refuge, north of Fort Peck Reservoir. The herd would be allowed to grow up to 400 animals, contained within about 150 square miles of diverse habitat...

Most Montanans have little or no awareness of this situation. It is urgent to develop public recognition of the precarious status of bison conservation in our state. The Montana Wild Bison Restoration Coalition will do all it can in this regard. But there are many distractions in the public media this year. We implore readers to post bison information on personal websites and to promote forthright public discussion, especially by national and state organizations dedicated to wildlife conservation."

The Rapid Decline Of The Natural World Is A Crisis Even Bigger Than Climate Change

"The study from the Intergovernmental Science-Policy Platform On Biodiversity and Ecosystem Services (IPBES), expected to run to over 8,000 pages, is being compiled by more than 500 experts in 50 countries. It is the greatest attempt yet to assess the state of life on Earth and will show how tens of thousands of species are at high risk of extinction, how countries are using nature at a rate that far exceeds its ability to renew itself, and how nature’s ability to contribute food and fresh water to a growing human population is being compromised in every region on earth."

A Peek at the Party Platforms: A quick look at both political party platforms will indicate their intentions towards our Public Lands by Harold Johns

"Privatizing of our public lands is being promoted by politicians. A two-minute computer search of Montana’s Republican Platform, Page 12, and a two-minute computer search of Montana’s Democratic Platform, Page 8, will clearly reveal the parties' public-lands philosophies. The purpose of this article is to explain to Montanans who use public lands, ranchers in this instance, what could happen if the public land they run cows on were privatized."

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

 

Privatization is an Erosion of the Public Interests

Privatization Is an Erosion of the Public Interest

A lot has been taking place needing updates. Yes, it seems like we are contantly deluged with attacks against our public interests.

FWP's Public Access through private lands program.

First up, Remember SB 341 from this last legislative session?

Tomorrow evening, Feb. 25th, 6pm, the Department of Fish, Wildlife and Parks will hold a public hearing at the Fish, Wildlife and Parks Headquarters Building, 1420 E. 6th Avenue, Helena, Montana, to consider the proposed adoption of rules involving the passage of SB 341.

Please take a look at the PDF on FWP's page.

Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Jason Kool, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; or e-mail Jason.Kool@mt.gov, and must be received by February 28, 2020.

Despite the Governor's assurance, when he didn't veto SB 341, that FWP would draft rules to include required researching and protecting of existing historical prescriptive public easements/RS 2477/ Railroad grant deeds of public access (for example), if they exist; there are no such requirements in these proposed rules to prevent reverse adverse use attempts to exclude the public from historical prescriptive easements.

 

 

 

 

 

  Is Your Rep Invested In Fossil Fuels? Interactive map
Rep. Greg Gianforte has as much as $4,809,024 invested in the fossil fuel industry.

"As Rep. Greg Gianforte (R-Mt.) and his spouse hold up to $674,607 in Chevron stock, the oil giant lobbied Congress last year on three pipeline safety bills assigned to the House Energy and Commerce committee, on which Gianforte sits, as well as one pipeline security bill."

And speaking of Gianforte, Sat. Jan. 11th...

Gubernatorial candidates talk outdoor recreation and state management in Bozeman

Montana Outfitters and Guides Association held a Governor candidate forum in Bozeman. During the forum, which was video recorded and I have a copy of, a number of disconcerting statements were made by Gianforte,which cold be devastating to Montana, the Public Trust, including our wildlife.

After stating he has heard FWP horror stories across the state, the negative impacts, one such statement was about FWP/state employees, "So this would be a top priority, to change the culture. We have good state workers, they have not been led well, they don't know what success is."

I would beg to differ. Decades before Gianforte moved to Montana, Montana had lost massive amounts of our wildlife. A major restoration effort was led by FWP, which resulted in Montana becoming one of the premier fish & wildlife states, which contributed to Montana developing a leading outdoor recreation economy. The fish & wildlife restoration was termed, "Back from the Brink."

He falsely stated, "However, FWP, in my mind, from the stories I've heard traveling the state, are at war with outfitters and landowners." "What FWP has not done is the voice of the local community is not been heard in a way that allows their views to be represented."

I have participated in numerous local level FWP meeting where the public had plenty of opportunity to weigh in, make or submit public comments, participate on Regional Citizens Advisory Councils, etc.

Gianforte is fearmongering that all things FWP are broken and disfunctional, which is simply not the case. He is trying to create a problem, to sell you that he is the solution. While FWP is not perfect and there is always some room for improvement, FWP has contributed to making Montana the Last Best Place - don't y'all forget this this election cycle.

Back From the Brink, Montana's Wildlife Legacy, Part 1 video

Back From the Brink, Montana's Wildlife Legacy, Part 2 video

142 animals tested positive for CWD thus far during 2019/20 sampling

"Of those samples, 142 tested positive for the fatal disease, including 86 white-tailed deer, 53 mule deer, two moose and one elk. These were Montana’s first detections in moose and wild elk." 1 elk at an elk game farm, tested positive.

Speaking of elk - How one smuggled elk could have caused an ecological crisis

Disease transmission & sub-species contamination, "While a portion of the mystery surrounding Elk Zero has been solved, the investigation into who is responsible for taking the elk from Washington and releasing him in Montana is ongoing. Wardens in both states continue to ask questions."

1-800-TIP-MONT (1-800-847-6668). Callers can remain anonymous & may be eligible for a cash reward of up to $1,000.

'They won't survive': Conservation groups are fighting the creation of 3,500 Trump gas wells that would block 170 mile pronghorn migration route

"The Path of the Pronghorn is a 170-mile migration route that the antelope-like creatures have traveled annually for 6,000 years. It is one of North America’s last remaining long-distance terrestrial migration corridors. And it is at risk. This week conservation groups filed a legal petition challenging the Trump administration’s plan to allow 3,500 new gas wells in south-western Wyoming that would block the route."

 

 

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

 

South Crazy Mountains Forest Service Land Exchange Proposal Issues

South Crazy Mountains Forest Service 

Land Exchange Proposal

South Crazy Mountains Forest Service Land Exchange Proposal

I apologize for not getting this out sooner, I had an event that hit my TBI really hard this last month, affecting my ability to work. So this review is not nearly as thorough as normal.

The Forest Service has been negligent, not just in the other aspects of the Crazy Mountains, but in how they are presenting this South Crazy Mountains Land Exchange and what the public will lose. For years this land exchange has stalled and been objected to. I will not retype all the details out in this newsletter, please see the webpage I set up to house the documents, maps and details. In the right hand side bar I also have links to some pertinent comments by others and BHA's video.

Public comments are due on Nov. 18th, just 1 week away.

Their comment page is acting up, but here is the link to comment online.

https://cara.ecosystem-management.org/Public//CommentInput?Project=56687

If you can't get thru the online portal, and since no other comment submission address was provided in the Preliminary EA Proposal, I would suggest emailing your comments to Dee Closson, Realty Specialist, dee.closson@usda.gov

CCing Supervisor Mary Erickson mcerickson@fs.fed.us

Project 56687 - South Crazy Mountains Land Exchange

Mail: Forest Supervisor Mary Erickson, P.O. Box 130, Bozeman, MT 59971;

Fax, (406) 587-6758;

or personally to 10 East Babcock Street, Bozeman, MT

South Crazy Mountains Web Page

Some points of interest:

• We would be abandoning Trail #272, which goes back, at least, to the 1925 Forest Service Map
• We have public access easements to Sections 8 & 4 of 2N11E (easement documents on webpage) through Rock Creek Road #199. 8 & 4 overlap by about 48 feet providing access to both.
• Additionally, I have included a PDF of  of a 1986 Park County Attorney Opinion on corner crossing, which recently helped a member of the public get his corner crossing trespass dismissed in court (please see my notes on the webpage). This could allow further access from FS Section 4 to 3N11E FS Sections 32 & 34.
• In the bigger Crazy Mountains picture, what is moving and driving all these landowner deals right now, may involve the fact that Senator Daines has received $12,500 (2012-2014) and $7,800 in 2020 cycle from Altria (tobacco industry, top non-individual contributor in Montana), the parent company of Philip Morris USA, who owns the Crazy Mountain Ranch, one of the 3 landowners involved in the proposal. *Remember that it was Daines who submitted landowner complaints and false information to get District Ranger Alex Sienkiewicz removed from his position (links and details on webpage).
• Also, USDA Ag Secretary, who is in charge of the Forest Service has also received contributions from Altria when he was governor of Georgia, as well as gifted flights from Altria, which were part of an ethics investigation. Remember that as soon as Sony Perdue was confirmed, he attended a Montana Ag Summit in Great Falls, organized and sponsored by Sen. Steve Daines; days later Sienkiewicz was removed from his position.
• No Alternatives were provided that would include an exchange with 1 or 2 landowners, rather than all 3 together, allowing for an exchange with Wild Eagle Ranch (red) & Rock Creek Ranch (blue), but excluding Crazy Mountain Ranch. I don't see an issue with the Wild Eagle and Rock Creek Ranch exchanges, but object to Crazy Mountain Ranch exchange.
• CMR will permanently reserve rights to operate and maintain the Rock Lake dam and outlet tunnel in the deed through which CMR conveys Section 11 to the Forest Service. CMR would retain its water rights for the volume of water from full pool to the bottom of the outlet tunnel.
• The Forest Service has not provided an Environmental Assessment for the public to review of the potential hazardous substances, nor environmental impacts, as mentioned above, for us to make an informed public comment. Provided is a PRELIMINARY EA.
  
• CMR has a conservation easement exception for "one new recreation cabin which may be built and maintained on the land protected by the CE". It does not state the size of the recreation cabin or preclude outfitting, hunting camps, which could be privatizing that elk herd which is currently available to the public. Listed activities at the CMR now include: snowmobiling, zip-lining, dog sledding, which could affect the wildlife habitat currently under FS public land.

Please take a few minutes to check out the information and submit a public comment to protect our public lands and access.

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