"It does not require a majority to prevail, 
but rather an irate, tireless minority keen to set brush fires in people's minds."
 --Samuel Adams - Leader in our Fight for Independence

Flathead Access Maps

The Flathead Forest Snowmobile Access Accord 
was made public on March 12, 2002.  The Draft Environmental Impact Statement, DEIS, for Winter Recreation Amendment 24 to the Flathead Forest Plan was made public on 6/20/03.  We were given just 45 days to comment.   Three and a half years later the FNF made their final decision. 

We have been involved in the NEPA process from the beginning scoping phase thru the final EIS and beyond. 

The accord is the result of a lawsuit by Montana Wilderness Association to ban most snowmobiling on the Flathead.  Judge Malloy ruled that a settlement must be negotiated.  The negotiators presented this agreement as a good thing for snowmobilers. They said  that it saves 90% of the favorite areas for snowmobilers. How could the TWO people who negotiated on behalf of snowmobilers know about the favorite areas of thousands of snowmobilers? Especially when only one of them is from this area.

Now that  the plan amendment is adopted it will be molded into the new forest plan and cast in concrete for 15 years. We will lose much of the open areas to tree growth before this agreement is re-opened. Nor will snowmobilers be able to use areas that open up in the meantime due to fire, logging or disease. As the agreement now stands most of the snowmobile access will be on roads and trails with some play areas set aside. As time passes the play areas will become unusable and snowmobiles will be limited, like OHVs, to roads and trails only.

In addition to the closures this agreement contains two very hateful stipulations. First, all parties have agreed to actively combat any opposition to the accord. Thus, if the Flathead Snowmobile Club disagrees with the accord, the Montana Snowmobile Club must debate and dispute its own members and the Forest Service must oppose its public constituency the citizenry of Northwest Montana.

Secondly, this agreement includes a plan to spend federal money to facilitate, encourage and promote crosscountry skiing and snowshoeing. The Feds will use the taxes of one group, snowmobilers, against them while also using those taxes to benefit another group, skiers etc, who have often expressed opposition to the snowmobilers. 

This issue is important to everyone whether you have a snowmobile or not. This ban is another step in the decades long green war against our access to public lands. Furthermore, it represents a change in public policy. The primary principle of a free society is that all things in the public domain that do not impair the freedom or welfare of another are available to all individuals- unless specifically prohibited or limited. The freer the society the fewer limitations it will have. In a totalitarian society, all things are prohibited except those specifically permitted. This snowmobile agreement is a move towards a prohibition of all snowmobile use in the Flathead National Forest except in designated areas. The National Forest is becoming the King’s Forest.

The loss of your snowmobile access is just one more piece in the Wildlands Project puzzle.

The FEIS and Record of Decision was issued in late 2006.  MFMU made an administrative appeal.  As expected our appeal was rejected.   Our only hope now is our ongoing lawsuit.  Opposition to this amendment is an important part of our lawsuit.  Oral arguments are scheduled to be heard on March 9, 2007 by Judge Hogan, the chief administrative judge for the Washington, D.C. Federal District Court 

MFMU has officially commented on the proposed amendment.  You can see our comments HERE.  

Even before the new closures are formally adopted at least one greenie attacked  the snowmobile agreement.  In order to implement the agreement the FS must leave 3 culverts in place  on road FS 316 that were scheduled to be ripped out so that snowmobiles can continue to use that road in the winter as a groomed trail.  But Keith Hammer of Swan View Coalition has sued FNF to force them to rip out the culverts thus violating the agreement.  Even if the preferred alternative is adopted, it is certain that the greens will continue to use the court of "No Stumps" Molloy to take away even more snowmobile access.  Furthermore Hammer has threatened to sue to prevent FNF from rebuilding a stream crossing on Lost Johnny.  FNF backed down and will not rebuild the bridge thus leaving in place a safety hazard for snomobilers who use that trail.    

The loss of your snowmobile access is just one more piece in the Wildlands Project puzzle.  WE DON'T HAVE THE MONEY, ORGANIZATION OR EXPERTISE THAT THE GREENS HAVE.  WE BELIEVE THAT YOU, THE PEOPLE ARE OUR BEST ASSET.   WE ARE  FIGHTING TO KEEP PUBLIC LANDS OPEN FOR 

YOU

AND WE WILL NEED YOUR HELP.  PLEASE DONATE TO OUR LEGAL FUND 

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On March 28, MFMU held a meeting at the fairgrounds to inform the public about the recent snowmobile agreement between Montana Wilderness Assoc., Flathead Forest and Montana Snowmobile Assoc.. The agreement was forced when MWA sued FS to close areas in the North Fork to snowmobiling.

Magistrate Erickson who worked under Judge Molloy on this case, agreed with the MWA interpretation and offered the parties a chance to negotiate a settlement or accept his interpretation that snowmobiling was not allowed. Allan Brown, who negotiated for Montana Snowmobile Assoc. felt that if they didn’t give up some of their access they would have nothing. So he negotiated away 98% of the land base in the North Fork of the Flathead River and large parts of the South Fork and Swan River drainages as well.  Editor: it is now apparent that Brown's concessions were all for nothing because the greens continue to sue to shut down more access without even waiting for the previous closures to be implemented. 

We learned all this history from Fred Hodgeboom and Clarence Taber at the meeting. They also revealed that the confusing or misleading text in the original forest plan could have been cleared up by Amendment 7 to the plan which was developed but never implemented. No one knows why.

Allan claimed that he saved 97% of the areas used by snowmobilers. But several folks at the meeting declared that they were not represented and were not given an opportunity to input their concerns. Allan claims that timber and terrain prevent riding on most of the forest. While this may be true, that changes over time as timber grows in some areas and dies or is logged in others. But the agreement does not have the flexibility to accommodate those changes. Thus the areas left open by the agreement will revegetate and become unaccessible to snowmobiles while other areas that become available will not be opened to snowmobiles.

Mr. Brown stated that most of the North Fork is inaccessible to snowmobiles because of "terrain and timber." This may be true right now but it is misleading because he stubbornly and consistently refuses to point out that any areas that might in the future become usable to snowmobiles due to creation of forest openings by logging, fire or disease will not be available to snowmobilers. Nor does he mention that the play areas "saved" by the agreement will become unusable due to timber growth. In short, the areas left open will naturally close and they will not be replaced by other areas - such as the fire caused openings in the Moose Fire. In a few years there will certainly be less play area available. Once the agreement is locked into the Forest Plan it will remain for 12-15 years or more.

Most of the 300 in attendance walked to the microphone to express their opinion to the assembled government officeholders and office seekers, including Denny Rehberg, Dale Williams, and all Republican US Senate candidates. Conrad Burns sent a representative but Max Baucus did not attend or send a representative. The line to speak extended half way around the room and was replenished by new speakers for at least an hour.

By the terms of the agreement the Forest Service is required to support and implement the agreement How then can Brown and forest officials say that the final forest plan amendment will be any different than what the Forest Service is pledged to support and implement? Although we must participate in the forest amendment process in order to accrue any status for a judicial appeal, we should not expect any changes to the snowmobile access agreement in the final Forest Service documents. .

In medieval England, the King’s forest was closed to all except those favored with his special permission. In America, the forest used to be open to all. But no more

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CLICK ON A MAP TO SEE AN ENLARGED VIEW IN PDF FORMAT

NORTH FORK AND TALLY LAKE

SPOTTED BEAR and THE SWAN 

HUNGRY HORSE

ISLAND UNIT - BLACKTAIL

 

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