Closed to the public for a century, new access to Crazy Mountains opens in November

David Murray
Great Falls Tribune
The McFarland White Ranch at the eastern edge of the Crazy Mountains near Twodot,

After nearly two decades of negotiations, a new easement has been approved that will soon offer public access to a once unreachable section of Montana's scenic Crazy Mountains.

Late last week, the U.S. Forest Service announced that finalization of the new easement crossing approximately 2.2 miles of private land "is close at hand," and added that the acquisition will include improvements providing non-motorized access to a portion of the Crazies that has been virtually blocked to the public for more than a century.

The easement trail, soon to be designated as Big Elk Creek Trail No. 640, will begin on state-owned land approximately 22-miles southwest of Harlowton. It will then extend roughly three miles, paralleling Big Elk Creek to the mouth of Big Elk Canyon in the northeastern corner of the Crazy Mountains.

Map of Big Elk Creek Trail No. 640, forecast to be open to the public in November 2020

Public access to the area was cut off during the homestead era of the early 20th century, as private land filings gradually surrounded the northeastern reaches of what was then known as the Crazy Mountain Forest Reserve. Currently, the only way to publicly access Big Elk Canyon is from the west side of the Crazies using the Shields River Road out of Wilsall and then hiking over a mountain pass.

Improving public access to Black Elk Canyon was identified as a priority by the Forest Service as early as 1986, but obtaining a travel easement across private property to reach the area was stalled by a dispute with the owners of the McFarland - White Ranch for more than 16 years.

Environment:  Montana Climate Council releases final recommendations for combating climate change

The McFarland - White Ranch, which was established in 1907, controls the only vehicular access into the northeastern corner of the Crazy Mountains. The ranch also owns three isolated parcels of land, totaling about 1,020-acres, land-locked within the exterior boundary of the Helena-Lewis and Clark National Forest.

In 2003, Mac and Melody White, owners of the McFarland - White Ranch, submitted an application to the U.S. Forest Service to obtain a special use permit allowing them to construct permanent roads across four corners of Forest Service land. The roads would allow the Whites to access their land-locked properties within the Helena-Lewis and Clark National Forest, which up to that time were only accessible by foot or on horseback. The routes the Whites proposed would have traversed about 2,500-feet of public land.

A two-track road crosses from the McFarland White Ranch into Forest Service land near Two Dot.

The Forest Service responded that it was willing to issue the special use permit, but only if the Whites reciprocated with a public drive-in easement on 2 to 2½ miles of their private road leading into Big Elk Canyon.

Federal regulations and agency policy require the Forest Service to seek a reciprocal right-of-way where there is a demonstrated need for public access to public land. The Alaska National Interest Lands Conservation Act requires the Forest Service to provide access to non-federally owned land within the boundaries of the forest.

The Whites balked at the proposal, arguing that the exchanging 2,500-feet of access for a 2.5-mile easement wasn't equitable.

The Whites sued the Forest Service in federal court in 2008 seeking right-of-way across the corner crossings, arguing they were being illegally denied access to their land and that the Forest Service wouldn't process their request.

News:  'One giant mass of smoke' moving across Montana

U.S. Magistrate Judge Carolyn Ostby sided with the Forest Service, writing in the decision that the law gives discretion to the Forest Service in granting access to public land, and that the agency rejected the ranch's original proposal after considering the proper regulatory factors.

"No party disputes that, under the Forest Service's proposal, McFarland White Ranch is being asked to give a substantially longer right-of-way than it receives," the judge wrote. "But the regulations are specifically designed to address exchanges of unequal value."

Ultimately the two parties agreed to a non-motorized use easement, with a parking area and trailhead constructed on school-section land administrated by the Department of Natural Resources and Conservation (DNRC). The Montana Land Board approved the use of the school section for a parking lot, trailhead, and trail during their August 2020 board meeting. The last piece to complete the formal opening of access to the Big Elk Canyon area is the construction of the parking lot, trailhead, and trail.

Lanie White, left, who operates the McFarland White Ranch with her father, visits with Carol Hatfield, center, U.S. Forest Service district ranger, and Bill Avey, far right, forest supervisor for Helena-Lewis and Clark Nation Forest, in August 2019  while touring the route of the public access easement across the McFarland White Ranch.

“The expected opening as of now is late November, but as there always is with construction in Montana, a myriad of factors could accelerate or delay our plans,” said White Sulphur Springs District Ranger, Carol Hatfield.

The Big Elk Creek Trail parking lot and trailhead will occupy an area of approximately one acre, and will be capable of accommodating trucks and/or trailers. The parking area will be fenced out for livestock with four-strand barb wire and graveled.

The trail will run from the trailhead for approximately three miles before reaching the National Forest boundary. Users will be prohibited from leaving the easement trail until they reach the National Forest boundary. Campfires and overnight use will be prohibited at the parking area, trailhead, and along Big Elk Creek Trail No. 640.

Forest officials expect frequent use of the easement from late October through November, coinciding with Montana’s general big-game hunting season. Additionally, incidental use is expected from April to September from horseback and hiking enthusiasts.  

DavidMurray is Natural Resources/Agriculture reporter for the Great Falls Tribune. To contact him with comments or story ideas; email dmurray@greatfallstribune.com or call (406) 403-3257. To preserve quality, in-depth journalism in northcentral Montana subscribe to the Great Falls Tribune.