Gastro Gnome - Eat Better Wherever

Wilks brothers true colors are shining through.....

I had been waiting for a public statement as to the status of the Wilks trespass investigation in the Durfee Hills. Hearing rumors that the Lewistown BLM was saying there was no trespass by the Wilks on the BLM Durfee Hills, and having previously requested information on the status of the investigation, being told it was still under investigation, I decided to file a FOIA for the information. Several of the key Lewistown BLM employees involved in the whole Wilks/Durfee Hills debacle are no longer there - Central Montana District Manager, Stan Benes, Lewistown BLM Field Manager Geoff Beyersdorf, and BLM Monument Manager Mike Kania. Kania left about a month ago.

Here is a copy of the FOIA I filed. I just received an acknowledgement from the Montana BLM FOIA officer yesterday and received a call from her this morning for clarification on a couple points. I had requested some information on documentation the public sent in to Lewistown in the fall of 2014, with evidence of trespass concerns. I had not received it in any of the previous FOIAs. I was told this morning that Stan Benes had no longer had the pictures and GPS documentation. This was documentation the public supplied, part of a public record and should have been part of the Trespass Investigation Report conducted at that time. It doesn't exist now.

As soon as I receive any information, I will let y'all know and provide the documents to the public.
 
I filed my very specific BLM FOIA (below) concerning the Durfee Hills trespass on July 2, 2016. I walked through the trespass manual, using BLM's own regulations and terminology, like mineral and timber costs, administration costs of the investigation and survey, Rehabilitation/Stabilization Plan, etc.

Guess what is taking place this week in Lewistown?

Wilks Ranch settles trespass dispute with BLM, "This week, BLM offices in Lewistown and Billings and the Wilks Ranch agreed upon a reclamation plan that will be monitored for three to five years, or until disturbed areas on public land are sufficiently stabilized."

July 2, 2016
MT BLM FOIA Office
5001 Southgate Drive
Billings, MT 59101
Phone: 406-896-5157

MT BLM FOIA Officer,

Per the Freedom of Information Act, I am requesting all documents, field investigation notes, photos, sketches, measurements, maps pertaining to the Wilks trespass/ multi trespass of the public's BLM land known as the Durfee Hills (legal descriptions of parcels below), as well as the current status of the trespass investigation. Please include documentation pertaining to the unauthorized development of fencing, fencing encroachment, wildlife obstructing fencing, road and trail construction/realignment, surface disturbance (clearing, blading, digging, scalping, etc.), unauthorized personal property (such as vehicles, equipment, fencing debris, No Trespassing signs), removing of boundary markers, unauthorized destruction or disposition of mineral and vegetative materials, including timber :

Copies of BLM Forms Initial Report of Unauthorized Use Form 9230-10 and Trespass Investigation Report 9230-24 filed as a result of complaints concerning the Wilks trespass, including interviews conducted in conjunction with the trespass investigation. Forms 1323-1 Reimbursable Project Logs Form.
BLM Law Enforcement citations.
Trespass documentation compiled by BLM Cadastral Survey team involving the fencing encroachment, survey markers (iron posts, brass markers, monument rock piles (collars) and blazed trees) moved by the Wilks tree/ground bulldozing.
Documentation sent by Randy Newburg, which I requested before and did not receive in any of my FOIAs, as well as any other member of the public that submitted trespass documentation.
Trespass documentation found during the BLM investigation, including any court documents or other agency documents (MT State DNRC, FWP, etc.).
Administrative costs to investigate, survey and process these trespasses.
Notice of Trespass, Trespass Decision, and any Realty Trespass Resolution or Formal Administrative Resolution or other legal notices or charges.
I would also like copies of any trespass liabilities, fines, citations, recovery of funds efforts, rehabilitation/stabilization of damaged lands costs, any land rent liability charges levied, mineral or timber costs.
Documentation of meetings, communications and interviews between the BLM and the Wilks concerning these trespasses.
Any documents concerning cancellation or revocation of the Wilks Use Authorizations.
Rehabilitation/Stabilization Plan with the Wilks.

Also, I previously requested from Mike Kania, the Upper Missouri River Monument Manager, a copy of the road estimate for the east side road construction at the Bullwhacker. I never received it. Please include a copy of the road construction estimate.

The following BLM properties involved, known as the Durfee Hills - Geocode, with Legal Descriptions in parentheses.
08-2143-14-1-03-01-0000 (S14, T12 N, R22 E, S2NE4, SE4NW4, E2SE4)

08-2143-13-1-03-01-0000 (S13, T12 N, R22 E, SW4NE4, S2NW4, S2S2, NW4SW4, NW4SE4)

08-2143-23-1-01-01-0000 (S23, T12 N, R22 E, NE4, N2SE4, NE4SW4)

08-2143-24-1-02-01-0000 (S24, T12 N, R22 E, G LTS 2,3,4, W2E2, NW4, SE4SW4)

08-2144-19-3-01-01-0000 (S19, T12 N, R23 E, G LTS 3 AND 4, E2SW4, W2SE4)

08-2143-25-1-01-01-0000 (S25, T12 N, R22 E, G LTS 1,2,3, W2NE4, NW4SE4, NE4NW4)

08-2144-30-1-02-01-0000 (S30, T12 N, R23 E, G LTS 1,2,3,4, E2NW4, NE4SW4, N2SE4, S2NE4, NW4NE4)

08-2144-31-2-02-01-0000 (S31, T12 N, R23 E, G LTS 1,2,3, SE4NW4, E2SW4, SE4)

23-2034-06-1-01-02-0000 (S06, T11 N, R23 E, GOVT LT 2)

Disclosure of this information is necessary because of the repeated expressed public concerns, the land trade issues, the public forum discussions with documentation and the digital citizenship being exhibited. As evidenced by members of the public from other states, through the Hunt Talk forum or through the EMWH Newsletter, emails, website, blog, this is not just a Montana issue that is being watched, but is being looked at as applying to other public land/ private landowner relations, not exclusive to the Wilks.

I am the founder of Enhancing Montana's Wildlife & Habitat (Putting the "Public" Back in "Public Trust"), as well as the primary researcher. These public land issues are of great concern to the hunting conservation community. I plan, as I have already done with other documents available to the public, should they add clarity to the subject at hand, to make them available to the public, such as on the EMWH website, the Wilks Fencing page , the interactive map concerning the Durfee Hills documentation , disseminating the documentation pages through the Hunt Talk forum, EMWH Newsletter and blog.

Already, my posting of BLM manuals, such as the fencing standards and trespass manual have helped to create more awareness of how the BLM regulates these matters. By following your procedures and requesting the cadastral survey and investigation, we are encouraging the BLM to be good trustees of our public lands and participating in the process. As it states in the Realty Trespass Handbook, "Realty trespass prevention requires a public that is knowledgeable of the public lands and resources and conditions for authorized use of the public lands...Public awareness and support is essential to successful trespass prevention...Detection may also involve report by the public, data of other agencies, and inventory or survey to identify or confirm suspected trespass."

This information has not been previously made public. When I requested some of this information previously, I was told that the trespass was still under investigation by Stan Benes. Rumors have circulated for a bit that the Lewistown BLM is stating there was no trespass, hence this FOIA request.

Electronic PDF copies, sent to this email address, would be preferred or compiled on a CD, mailed to my mailing address below. I will print any documents I want in hard copies. If there are any fees for searching or copying these records, please inform me of these costs. However, I would like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of BLM and trespass of Public Lands matters. This information is not being sought for commercial purposes.

Since EMWH is a public trust advocacy organization (supported minorly by contributions from concerned public, primarily by my own dollars), freely making public documents available to the public, I am requesting the fee waiver. I have already gone to lengths to collect documentation to provide to the BLM to show just cause for a cadastral survey and investigation, paying for the trips to the area in question (over $250.00 just for gas, and $500 for a helicopter) and my expenses out of my own pocket, as well as public hunters that were pilots bearing the plane fuel cost to fly me in for documentation. Additionally I have invested numerous hours of my time and web development and printing to make this information available to the public at my own cost. The public has borne more costs than we should have at this point to bring this to BLM's attention and receive compliance with your regulations. As our taxpayer dollars have already paid for the reports, emails, communications, logs, etc., I do not see that I should be required to pay, yet again, to help support our BLM public land management for the public.


Thank you,
Kathryn QannaYahu
406-579-7748
513 1/2 W. Curtiss St.
Bozeman, MT 59715
Click to expand...
 
katganna, Hell of a woman. I appreciate your effort. Not a native, but love to watch the mechanics of good people trying to do right!!
 
Rumor was some radical group threatened to sue the BLM so they acted ;).

I can't get to the article. Was there a settlement amount? I heard a few million. That would at least deter other people with similar plans.
 
RobG said:
If it hadn't been for Kat following up on their bogus claim of this being surveyed and her holding the BLM's feet to the fire the Wilks would have got away with it. She deserves a little help keeping this stuff up. http://www.emwh.org/contribute.htm
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I could not agree more and challenge everyone here at HT to give something to help support the important work Kat does. Great job if everyone was like you we wouldn't have so many issues these days.
 
..all that's missing is her pic;

te·na·cious
təˈnāSHəs/Submit
adjective
tending to keep a firm hold of something; clinging or adhering closely.
"a tenacious grip"
synonyms: firm, tight, fast, clinging; More
not readily relinquishing a position, principle, or course of action; determined.
"you're tenacious and you get at the truth"
synonyms: persevering, persistent, determined, dogged, strong-willed, tireless, indefatigable, resolute, patient, unflagging, staunch, steadfast, untiring, unwavering, unswerving, unshakable, unyielding, insistent; More
persisting in existence; not easily dispelled.
Click to expand...
 
Thank y'all for the kind words. I did tell Brett, when he asked if I was satisfied, that I wasn't, not till the public has the documentation on the trespass requested and gone through it to see the transparency and accountability of our public lands.

I gave an example of the documentation Randy sent to Director Stan Benes (who was forced to retire last year), from his elk hunt on the northern part of the Durfees at the same time I was at the southern end documenting. Randy sent video, photos, gps coordinates and a google earth map, which he mentioned early in this thread. I did not receive it in my FOIA last year, brought it up again in this one and mentioned it specifically to the FOIA Coordinator on the 5th. She explained that last year when processing my FOIA, Stan said he no longer had the documents that had been emailed. That was part of the public record! Part of the trespass investigation! Stan got rid of it, like Monument Director Mike Kania, also no longer with the BLM, got rid of many of our public comments submitted on the Bullwhacker access process, the majority of which advocated for an east side road construction, rather than the Durfee Hills land exchange. Kind of like Manager Geoff Beyersdorf, first to leave the BLM after all this began, said there was no Wilks trespass and issued a very public press release stating as much.

Some of y'all might remember, but it was almost 2 years ago, in August, that I heard they were building a fence and asked in a thread, "Ive had calls that the Wilks are clearing area to set up a 6 wire tall fence around the Durfee Hills area on their property. I dont know at what stage this project is at right now. It would be nice if someone who is scouting for hunting season could check on perimeter progress." I started digging through their fencing manual, posting the regulations. That's how this thread began, when Wingman posted photos of what he was finding and other hunters added to it, which was awesome.

I am wondering, what, if anything, I might actually receive of my requests, what with documents and such being "disappeared". I shared with French the quote, "The Public doesn't get the government we deserve, we only get what we fight for." We have certainly been fighting and Hunt Talk has been a key part of that.

Brownbear, I get calls and emails of people asking specifics about the regulations from the manuals I posted online. Other people are sharing the info and those manuals are constantly being downloaded. I hope this process helps protect other public lands.

And Ken, your post made me laugh and start digging through some notes from the fall of 2014. Someone said I was like a public trust bull dog and I got one of those editorial cartoon images in my head that periodically happens, of Cerebus the three headed hound, pulling on some agency's pant legs. I have the sketch somewhere, maybe it is in the Wilks folder. ;)
 
I think some feet still need to be held to the fire. The trespass was nearly 100 yards and with intent if big fin's gps was correct.
 
I printed out the Wilks BLM Trespass Settlement Agreement at the BLM site, will go through it after dinner (havent had time for lunch yet, a documentary guy dealing with the Durfees is interviewing me tomorrow and I had to get a bunch of documents and photos together for him).

One thing that needs to be addressed is the Wilks statement that the fence was built because of trespassers from the public lands onto their property. Part of one of my previous FOIAs was all BLM citations involving the ranch and the Durfees from 2010 forward, before the Wilks bought the place, to see if there had been public hunter harassment prior to the Wilks arrival. There were no BLM citations for public hunters that left the Durfees onto the Wilks. Not really their jurisdiction I would imagine. So that leaves Fergus County Sheriffs dept, so I will make a request for all complaints for private property trespass onto the Wilks, to see if any actually occurred and all complaints towards the Wilks, like hunter harassment, including the nearby harassment of landowners like the one with the Wilks helicopter flying and hovering by that lady's front door. See who is really misbehaving out there.

The 2 news articles mentioned nothing about the federal violation for moving federal boundary markers, including blazed trees. The BLM Cadastral Survey I got last August when it was filed, mentioned having to replace missing markers, two of which were found in the bulldozed debris piles, others they couldn't find.

This should make for some interesting reading this evening.

Oh, and they waited all year long to do this, saying the Rehabilitation and Stabilization treatments must be implemented prior to October 15, 2016. Guess what effect this is going to have on this years hunting season there?
 
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So I have spent the afternoon sitting here and reading this entire thread and would like to say THANK YOU to everyone who worked so hard to right a wrong. I am sorry to see that the BLM caved again as usual. I now wonder if Wilks will open a high fence hunting operation now that the elk are fenced in.----jimd
 
katqanna said:
One thing that needs to be addressed is the Wilks statement that the fence was built because of trespassers from the public lands onto their property.
Click to expand...

While it was being built (or shortly after), I was told by their consultant that the fence was strictly for cattle, it was a typical fence that could be found on most ranches, and was not on public lands. No mention of trespassing was ever made to best of my recollection.
 
Am I a seer or what?

Back in post #775, in July, I wrote, "Oh, and they waited all year long to do this, saying the Rehabilitation and Stabilization treatments must be implemented prior to October 15, 2016. Guess what effect this is going to have on this years hunting season there?"

Well, I still have not gotten my BLM FOIA that I filed on July 2, but here is a press release they put out on the 22nd.

Durfee Hills rehabilitation continues through fall 2016

(LEWISTOWN, Mont.) – Hunters may run into some unusual scenes while looking for elk in the Durfee Hills.

The Durfee Hills is a land-locked area of public land accessible to the public by small aircraft. Ongoing rehabilitation and stabilization work may impact hunting in the Durfee Hills this fall, until Oct. 15. The work is being done as part of a settlement agreement between the Bureau of Land Management and the N-Bar Ranch regarding the matter of an unauthorized fence and associated ground disturbance in the Durfee Hills.

“For safety, we are asking public land users in the Durfee Hills to avoid areas where crews are at work,” said BLM Lewistown Field Manager Pete McFadden. “Crews will be working with machinery, chain saws and other equipment. Workers may not be able to see or hear people approaching.”

The work is being done because portions of a fence built for the N-Bar Ranch in 2014 were inadvertently placed across the N-Bar’s property boundary onto BLM-managed lands. Some trees and soil were cleared on the BLM side of the boundary during construction. When the error was discovered the N-Bar Ranch ordered a halt to the construction and began working with the BLM to resolve the matter.

The Lewistown Field Office sent an inter-disciplinary team to determine the extent and cost of damages to BLM-managed land. In the settlement, the N-Bar Ranch agreed to repair all of the damage.
Click to expand...
 
When you build miles of fence and don't hire a surveyor, it isn't an 'error' or 'inadvertant' when your fence trespasses anymore than a drunk driving crash is 'accidental'. It is simply not possible to get it right, especially for miles, without hiring a professional.
Of course these offences aren't jailing offenses and any allowable fine under the law would be equivalent to fining you or I a few cents, so there is really no recourse for punishment.
 
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