Cherry Creek Road

The Cherry Creek Road nine miles south of Big Timber, east off of Highway 298, crosses about a quarter-mile of Lee Smoot's property and then three-quarters of a mile of George Matelich and Michael Goldberg's ranch before reaching the Gallatin National Forest boundary – and 16,000 acres of public land. (Matelich and Goldberg, as we understand it, are Wall Street executives.) Years of negotiations have failed to gain access and the Forest Service is pursuing an easement through using “eminent domain”.

Here is the status of that action as of June 2010, as we understand it:

U.S.F.S. is briefing agency leadership, and then, because of a rider to the current Forest Service appropriations bill for the FS, they must get approval of the House and Senate Appropriations Committee before it is taken to the Undersecretary of Agriculture for final approval.

Here is the process:

1) The F.S. must brief the Chief in the next few weeks, disclosing that Matelich, Goldberg and Smoot are not willing to negotiate, despite repeated attempts and that eminent domain is the only option to provide public access.

2) After the Chief is briefed, they then brief the Montana Congressional Delegation (Baucus, Tester and Rehberg). If any one of them opposes the action, the House and Senate Appropriations Committees will not approve it. If they do oppose it, however, the issue will be dead. This is why it is so important for folks to contact the delegation NOW and write letters to the editors NOW, so the delegation understands that there is widespread public support for access.
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3) If there is no opposition from the House and Senate Appropriation Committees, then it will be forwarded to the Undersecretary of Agricultural for Natural Resources and Environment (Harris Sherman) for approval. (A package of staff work, like some additional surveys, appraisal, etc. will need to be done at that point as well.) The delegation and the administration must know there is widespread public support for access to be willing to even consider this step. Once the package is completed and the Undersecretary signs the declaration of takings and Matelich, Smoot and Goldberg receive just compensation for the easement, the title vests in the United States and the road will be open.

If Matelich, Goldberg and Smoot come back at any time to with a proposal to negotiate for public access, the Forest Service will do that, and the eminent domain proceeding will be put on hold until the negotiations are completed. In June of 2010 , they proposed allowing foot, horse, and mountain bike travel on a permissive basis. PLWA strongly opposes condoning that offer. We need the permanent access ! (The Matelich, Goldberg and Smoot proposal of June 2010 is appended to this article below. )

SO, IF YOU CARE ABOUT THIS ACCESS, TAKE ACTION NOW ! CALL, WRITE OR EMAIL THE DELEGATION. REHBERG IS ESPECIALLY IMPORTANT AS HE COULD IN EFFECT VETO THE ACTION.

All of the information and addresses of the congressional delegation and Montana newspapers are listed on our website www.plwa.org . Look for the “Take Action” tab on the left.

Senator Max Baucus
511 Hart Senate Office Bldg.
Washington, D.C. 20510
(202) 224-2651
From Montana: (800) 332-6106
E-Mail: max@baucus.senate.gov
Website: baucus.senate.gov/

Senator Jon Tester
724 Hart Senate Office Building
Washington, D.C. 20510-2604
(202) 224-2644
(202) 224-8594 (fax)
(866) 554-4403 (toll-free)
E-Mail: rjt@tester.senate.gov
Website: tester.senate.gov

Representative Dennis Rehberg
2448 Rayburn Office Building
Washington, D.C. 20515
888-232-2626
(202) 225-3211
(202) 225-5687 (fax)
E-Mail: go to website
rehberg.house.gov
click on email

Matelich, Goldberg and Smoot proposal of June 2010

FOREST ACCESS OPEN

Beginning June 30th 2010 the owners of Black Butte Ranch and the Smoot/Perkins properties are granting permission for access to the National Forest lands via foot, horse and mountain biking travel. you may access National Forest lands using the Cherry Creek trail after completing an access permission form at the trailhead. Limited parking will be available. No motorized travel beyond the parking area is permitted. The Cherry Creek access trail has been determined by the courts of Montana to be private property, this permission is granted by the property owners voluntarily and subject to certain restrictions, as follows:

• Complete a permission card with the names of those in your party, vehicle identification, and information about your use of the trail. So that we may know who is traveling across our property, please complete a permission card each time you use this access route.

• Please park only in the designated areas. Vehicles parked outside designated areas are subject to being towed or otherwise impounded, and the users may be refused future access via this route.

• This access route is available only for travel on foot, horseback or mountain bike. No motorized use is permitted.

• This access route is for use to access the National Forest lands only; no other uses, including picnicking, camping, cooking, target practice, hunting or fishing are permitted on the Black Butte Ranch or the Smoot/Perkins property. the National Forest boundaries are clearly marked and you are responsible for knowing whether you are on Forest lands or private lands.

• No open alcohol containers are permitted on this access route.

• Firearms must be unloaded and contained when transporting them across this access route.

• No fires or smoking are permitted on this access route.

Please be a good neighbor. Take nothing except memories; leave nothing except your footsteps. Pack your trash out, and take along any trash left by others.

Owners reserve the right to refuse access at any time.
Violations of the above conditions may result in revocation of permission to use this access route, and or criminal/civil action against violators.