Sometimes, being number one isn’t
such a great accomplishment. For example, Montana is the number one Western state when
it comes to public land that the public can simply not access.
A
legacy from the days of building transcontinental railroads, some public land
is “checker-boarded” in with private land and only touches at the corners. “Corner
crossing” is now legal access in Wyoming, but Montana legislators
continue to drag their feet and shoot this issue down quickly every time it is
introduced. The result? Some 724,000 aces of public land the public cannot
utilize.
A
more difficult to resolve issue arises from some large tracts of public land
completely surrounded by private lands. These “land-locked” sections amount to
an additional 1,231,000 acres of public land being effectively “off-limits.”
The
grand total between these two issues alone amounts to just a hair shy of two
million acres of public land inaccessible to said public.
The
trend seems to be for more of this happening rather than less. Although the
very latest incident in our area instantly led the Federal Employee’s Union and some journalists to essentially ignore the core
issue in order to get in on some additional Trump-bashing, the trend has been
going on for multiple Presidential administrations.
Difficulties
most often arise when new owners, usually rich and from out-of-state, buy a
ranch or other large section of land. Even though there was a public road or
trail running through said land which had been used as a public access to National
Forest land for generations or even a century or more, some new owners have
arbitrarily decided to simply gate off and/or close the road/trail. With very
few exceptions, the Forest Service generally just throws their hands up and
says, “Oh well. We’re not gonna touch the issue. Let the county fight it.”
Although Montana
counties don’t have the budget federal agencies do, they often do fight the
closure in court and sometimes even get it resolved. On the other hand…and Sweetgrass County springs immediately to mind here…the
county can sometimes be part of the problem.
The
Forest Service, as big as it is, is actually only a tiny sliver of the
Department of Agriculture, which in total has one federal employee for every
eleven farmers actually left in the United States. Budget allocations,
when redistributed, never ever seem to touch administration, bureaucracy, or
fire. Partially, I suspect, by design, when budgets get tight the first departments
to fall under the hatchet are basically anything which might be of benefit or
use to the public…roads, trails and recreation. Fighting for public access to
public land doesn’t even register on the radar of the vast majority of public
servants paid to “manage” said lands. Not that managing resources like timber
even happens anymore.
I
shit you not, I’ve sat through more than one Forest Circus meeting, briefing,
or training session in which some grand new master plan, or even an annoying,
stupid, and petty local policy change, was presented. At the end, when the
presenter asked if there were any questions, as the proud fly in the ointment I
would ask something like, “What about the public?” or “How does this affect the
public?” More often than not, the response was an open-mouthed
deer-in-the-headlights look and an awkward silence because, when it came right
down to it, these public servants hadn’t even considered us pesky taxpayers and
citizens.
Every
now and then, though, an individual who actually gives a damn about the pesky
old “public” in public lands, manages to squirm their way through the labyrinth
of bureaucratic and political filters (think of the Maginot Line without an
exposed flank) and land in a leadership position where they can actually do
some good for the public.
IMHO,
Alex Sienkiewicz was one of those good guys. He was District Ranger for the
Yellowstone District of the Custer-Gallatin National Forest…we’ll go down the
rabbit trail of “combining” ranger districts and national forests some other
time.
I
met and talked to him on two separate occasions when I went to the USFS office
in Livingston with questions. Even though I
probably couldn’t spell or pronounce his last name correctly to save my life,
he impressed me with his pro-public stance on access issues and he was very
articulate about how and why historic and/or prescriptive easements were
accesses.
This
is all very important in our neck of the wood because of the Crazy Mountains.
The Crazies are an island range surrounded by vast sagebrush flatlands, roughly
forty miles long and fifteen miles wide. For all of that area, which was once
administered by two national forests and three ranger districts, there are
three public access corridors on the west side, one on the north, and one on
the east, with really nothing on the south.
The
end result is that there are vast tracts of land that are essentially
inaccessible to the public. Additionally, an adjacent landowner who cuts off
access to the national forest can essentially use it as private land since no
one else can get in there. Some land-owners want to keep it that way and some
want to cut off even more public land. Outfitter-guides especially like having
hundreds of acres of public land which only their clients can access and hunt.
Alex
Sienkiewicz tried to keep the relative handful of public access routes and
trails open, and he has been punished and banished for his sins. By the serving
the public rather than special interest groups, he ran afoul of the Montana
Stock Growers Association and the Montana Outfitters & Guides Association.
These entities went straight to Senator Steve Daines and Secretary of
Agriculture Sonny Perdue complaining about Alex’s stance on prescriptive
easements. First, Alex was forbidden to testify in a Sweetgrass Countrytrespassing case involving a hunter accessing the National Forest via Forest
Trail # 115/116. Then the Forest Circus just plain shit-canned him as districtranger, no doubt to be replaced with someone more pliable.
As
usual, no good deed goes unpunished and the only thing an R-D election changes is the particular special interest groups who count for more than the public the government "serves."
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