Elliott State Forest: The Poster Child for What Could Happen to America’s Public Lands
There can be no confusion—Western states are in the business of selling public lands to make ends meet
Last week, the Oregon State Land Board voted to sell 82,000 acres of one of the most celebrated public lands in Oregon—the Elliott State Forest. The sale was on and then off and then on again in an ongoing saga, but now its fate seems relatively sealed: The Elliott is the poster child for what could happen to America’s public lands in the hands of individual states.
For Sale: One Public Lands Legacy
The Elliott is considered one of the best recreation areas on the Oregon coast, as it borders Loon Lake and is very close to the BLM’s Dean Creek Elk Management Area and Golden and Silver Falls State Natural Area, providing unmatched experiences for local hunters, anglers, and wildlife enthusiasts. The lush forest and steep hillsides are layered with tall fir and cedar trees that provide phenomenal habitat for Roosevelt elk. Wild trout, steelhead, and salmon can all be found running the cool waters within the forest as well.
In support of the Common School Fund—established in 1859 to benefit Oregon’s public education system—state trust lands like the Elliott are used to generate revenue, mostly through sustainable timber harvest. However, recent restrictions and lawsuits have limited logging, and ownership of the forest has actually been a financial drain on the state, rather than a source of income. The state started talking about selling back in June of 2014.
A Lose-Lose for Our Kids
As a mother, I can speak for the Oregonians caught in the middle—we want to raise our kids camping, hiking, hunting, and fishing in the outdoors, but we also care deeply about our state’s school system and whether it’s properly funded. I would very much like to find a solution for public education, but not at the risk of robbing our kids of valuable time spent on public lands.
For Dean Finnerty, a longtime hunter and outfitter—and a father—what’s happening with the Elliott is personal, too. Last year, I explored some of his favorite parts of the forest with him. As we drove down gravel roads, twisting and turning through stands of trees, he explained the situation from a hunter’s perspective. “The forests surrounding the Elliott are mostly privately owned and during archery season each and every year, all of the private lands are totally closed off to public access. For a sportsmen like myself, the only game in town is the Elliott!”
Dean and I came to a road blocked by a gate with a ‘No trespassing’ sign nailed to a tree. “The land behind the gate is one of several parcels sold by the state early on,” Dean explained. “It used to be a part of the Elliott State Forest, but is now owned by a private timber company. My boys and I used to hunt fall and spring black bear and pursue elk during archery season on that land. Not anymore.”
Don’t Hand Over Our Land
With the sale of the Elliott now official, many other sportsmen will have similar stories to tell. At this point, there is no clear action to prevent the sale. The best thing we can do—both as parents and as Americans who care deeply about the future of our hunting and fishing traditions—is to stay engaged to prevent the mismanagement and sale of other public lands.
A good first step will be keeping our lawmakers from handing more of our national public lands over to the states. After all, Western states have proven over time that they are in the business of selling land to make ends meet. Oregon alone has already sold all but 776,000 acres of the 3.4 million acres it was granted upon statehood. Learn more and sign the petition supporting public lands at sportsmensaccess.org.
It’s up to us to make sure this example ends with the Elliott.
Passionate Steelheaders Could Be a Force in the Fight for Our Public Lands
A rare breed, the anglers who choose to pursue wild steelhead single-mindedly have just what it takes to stamp out threats to public access, especially when some of the best waters are on the line
I consider myself lucky to live in Washington State. As an avid steelhead angler, I’m at the epicenter of some of the best steelhead fishing in the Lower 48 (sorry, Oregon and California.) We enjoy just 13 million acres of national public lands—a paltry amount when compared to other Western states. But with the high deserts of the east and the coastal rainforests of the west side, the splendor of the places Washingtonians have to pursue this iconic game fish more than makes up for what the state lacks in overall acreage of public lands.
Unfortunately, wild steelhead are in serious decline—12 of the 15 populations on the West Coast are listed as threatened or endangered species, and the root cause of their collapse is heavily debated among anglers and fisheries managers. I’ve witnessed hours-long heated discussions about the impact of single-barbless and treble hooks on species survival. In fact, we get so caught up in whether to worry about overharvest, dams, hatcheries, or ocean conditions, that we’re failing to fight for the public lands that provide us with our best days on the water.
When some lawmakers talk about disposing of public lands, they’re talking about trading off your access to places like the mountainous headwaters of Washington’s Methow River in the Okanogan National Forest, which is considered one of the last strongholds for Columbia Basin summer-run fish, or some of the finest runs of summer steelhead in Oregon’s North Umpqua River. They’re toying with your ability to get to Idaho’s iconic Snake River via BLM land or hold a wild steelhead in Alaska’s vast and relatively untouched Tongass National Forest. Even the access provided by Washington’s Olympic National Forest to the river corridors of the Sol Duc and Queets, where dime-bright winter-run fish swim to their natal waters from November through May, could be closed off forever.
You get the point. In state or private hands, the needs of steelhead or anglers will not be a priority on these lands—nor will the interests of hunters, hikers, bikers, or American families. The habitat could suffer under a different management model or inevitable lack of funding for upkeep, creating more trouble for the species that are already in a precarious situation.
Steelheaders are a passionate bunch—you’d have to be to brave the winter conditions we do without blinking an eye. That’s why we could truly be a force in the fight for our public lands. We don’t need to abandon our debate over the best approach for restoring steelhead populations, but we can’t afford to have the rug pulled out from under us in the meantime. As sportsmen, and as steelheaders, the simplest thing we can do to help ensure the future of the species and our fishing opportunities is to speak up for habitat AND our access to America’s public lands. It isn’t an either-or proposition.
No Trespassing Signs on Public Lands? It Isn’t What You Think
These days, it seems that everybody wants a piece of America’s public lands all to themselves. But the strategists behind the land transfer movement aren’t the only ones creating confusion to keep you from your public lands.
We received the following inquiry from a hunter in Oregon.
Q: What should I do when I find a “no trespassing” sign on public lands?
To whom it may concern,
I have a question regarding the posting of ‘No Trespassing’ signs on public land. I hunt late-season blacktails on public land in the Soda Mountain Wilderness of southern Oregon. The wilderness is adjacent to BLM lands and private lands.
I use the OnXMaps mapping service on my phone, and I always make sure to stay off of private land while I’m hunting, so I thought it was weird when I saw ‘No Trespassing’ signs posted within the wilderness boundaries. Even though I assumed the signs were incorrectly placed, I stayed off of the so-called private property and headed down the hill to my truck. At the trailhead, there was a landowner trying to find who had been hunting on his property. He threatened to have the trailhead closed and to prosecute the alleged trespasser to the maximum extent of the law. He wasn’t specifically accusing me, but was heavily insinuating it.
I pursued the issue and looked up BLM and wilderness maps online; they all showed that the landowner had placed ‘No Trespassing’ signs well into public lands.
It seems like there should be a significant penalty for this misconduct, but I cannot find any information regarding this issue.
Any tips or recommendations would be greatly appreciated.
Thank you for your time.
Coos Bay, OR
We thought it was an excellent question because we don’t believe the hunting and fishing public should get locked out of public lands that we all own so that a select few can benefit.
A: Let officials know, and be courteous.
From my point of view as a fellow Oregon public lands hunter, I can understand why you’d want to avoid this kind of confrontation and get to the bottom of things. It’s hard to say whether this landowner truly was mistaken about his property line or putting on an aggressive show. I reached out to Sean Carothers, a former BLM law enforcement officer in central Oregon, for his take on what to do next.
“I would contact the appropriate BLM district—I believe that’s the Medford District—and ask to speak with the law enforcement staff there,” says Carothers. “The BLM has regulations about ‘Interfering with Lawful Use’ and posting public lands as private is a classic example of that.
“At the very least, a ranger will go out and remove the signs. If it’s possible to identify the person who put the signs up, they will contact them and clear up any confusion about where the boundaries are and document the conversation so if it happens again, there’s a record for future enforcement. It could be a simple misunderstanding or it could be someone claiming public lands as his own. Either way, if the land truly is public, the signs are illegal and the district should do something,” he says.
The way I see it, in these vast landscapes interwoven with public and private lands, the improved mobile mapping technology we have at our disposal is now more accurate than what we had decades ago, but that doesn’t make them flawless. Fences or ‘No Trespassing’ signs may be misplaced, but we as sportsmen need to be respectful, and give the landowners the benefit of the doubt.
If you have any question, please take the higher ground and heed Sean’s advice: Call the BLM and let their law enforcement experts handle it. Be sure to take note of the precise location as well. Screenshots of your maps, pictures of the fences or signs, as well as the coordinates of your whereabouts are all good to pass on. The BLM can take it from there.
Part of being #PublicLandsProud and practicing #ResponsibleRecreation is being a good steward of the land—this includes showing respect for both public and private boundaries, even when you’re in the right and someone else might be mistaken. You never know when you might need to knock on that door again, perhaps to ask permission to retrieve lawfully taken game that crossed onto accurately marked property.
It’s important to remember that we’re all doing PR for hunting and fishing, in every social media post and every interaction with a non-sportsman. And we’ll come to rely on the image and relationships we’ve built as we work to uphold Theodore Roosevelt’s conservation legacy and our country’s rich history of public lands access.
Have you ever found a ‘no trespassing’ sign or locked gate on public land?
A new tool from the creators of the onX Hunt app helps you report it. The project is supported by the TRCP, Rocky Mountain Elk Foundation, and Backcountry Hunters & Anglers, and among our three groups we will find the best authority to address crowd-sourced public access challenges—and opportunities to create new access. Head over to onX to share:
Properties currently for sale that could provide a new public access route to public lands
Public land parcels that are currently landlocked or have no legal access
Gates or roadblocks restricting travel to public lands
Public waters that are difficult or impossible to reach
Private landowners can report places where the public is trespassing while trying to reach public land or spots they have opened to allow the public to cross responsibly.
A Public Land Victory in Wyoming is Overshadowed by Looming Threats
Out West and on the national stage, recent wins for public lands prove that our voices matter, but we can waste no time patting ourselves on the back
Recently, sportsmen and women in Wyoming were instrumental in keeping state legislators in line by speaking out against a constitutional amendment that would have set the stage for transfer of America’s public lands to the state. The amendment would have sent the message to D.C. that Wyoming is willing and able to take over public lands, if given the chance. (Even though, as most of you know, this is not just an unpopular idea, it’s also financially inconceivable.)
Since some federal lawmakers are working to make this happen, too, an immediate response from hunters and anglers was critical.
What Exactly Went Down in Wyoming?
The text of this legislation was deliberate: Wyoming lawmakers carefully reserved the right to exchange newly acquired lands, and even sell them, but only for “public purposes,” which, conveniently, were not defined. This was nothing more than another veiled attempt to take over the public lands that are the backbone of our hunting and fishing heritage, and sportsmen and women, the original conservationists, were not fooled.
Hunters, anglers, and other public-land enthusiasts packed two public hearings about the proposal and testified with an overwhelming No way, not our lands! In just a few short weeks, nearly 1,000 of TRCP’s advocates in Wyoming sent 1,980 letters to their state representatives, urging them to reject this bad idea. You called, emailed, faxed, and showed up in person to voice your displeasure. It took all of us to finally get the message across.
The result was empowering and an example of the clout that hunters and anglers have when we unite and take action: The Wyoming legislature dropped the land transfer amendment, and the window to propose anything similar has passed. We want to thank you for showing that everyday sportsmen and women are a force to be reckoned with and for helping us make a difference in the Cowboy State.
The Tide May Be Turning
Fortunately, this pattern seems to be playing out elsewhere. A few days after we heard the good news in Wyoming, sportsmen and locals rallied at Montana’s Capitol in Helena, chanting “keep public lands in public hands.” It was impossible for lawmakers to ignore the more than 1,000 people decked out in camouflage and brandishing signs in the rotunda and stairwells.
There, Governor Bullock reaffirmed his commitment to public lands, rallying the crowd with his proclamation that “the proposals to transfer public lands have no place in this building and they have no place in Montana.” But he didn’t stop there. “Not only do we need them to hear us here in this building,” he cried, “but we need them to hear us all the way in D.C.”
His comments seemed to foreshadow the events of last week, when social media blowback forced Utah Congressman Jason Chaffetz to withdraw his bill that would dispose of 3.3 million acres of our public lands. As satisfying as that was to see, it is critical that we keep our game faces on and keep speaking up, especially because not all threats to our public lands are highly publicized and obvious.
Your Opposition Checklist
We all need to stay vigilant and informed, and when called upon, hunters and anglers everywhere need to make sure their voices are heard loud and clear. Since it’s the off-season, we’re pretty sure you’ve got the time. Here’s what to do:
Sign the Sportsmen’s Access petition. This will send your elected officials a note letting them know that you support public lands and ensure that you’ll be the first to hear from us about developments on this issue.
Stand up for your voice in public lands management. You are an important part of the democratic process on our BLM lands, and your access means nothing without healthy habitat and strong fish and wildlife populations once you’re out there. Better planning for all the diverse ways we use public lands also means that detractors have less of a case for saying that land management is dysfunctional.
Call a friend east of the Mississippi and bend their ear about this issue. Their congressmen and women will cast votes on legislation that shapes our public lands. We won’t get very far if only half the country thinks it’s their problem to stand up for America’s public lands legacy.
We should pat ourselves on the back for our recent triumphs, and feel inspired and confident about the outcomes we helped to shape. But there will be bills that do not disappear overnight. They will get hearings and may force your elected officials to choose what side they’re on. Make sure there isn’t a choice. Make sure our lawmakers are siding on the side of sportsmen. And make sure whenever they look over their shoulder, it’s a sea of blaze orange they see looking back.
The Latest Threats to Public Lands Are Less Obvious Than H.R. 621
If you were shocked and angered earlier this year by a bill to dispose of public lands, then you should know about these less blatant—but similarly dangerous—legislative moves
[Editor’s Note: This post was originally published February 7, 2017 with ten legislative threats—one of which has become a reality for 245 million acres of Bureau of Management Lands. The post below has been updated as of March 29, 2017 with the latest on these developments and the newest threats to our public lands legacy.]
In February, sportsmen flooded the office of Rep. Jason Chaffetz (R-Utah) with phone calls, letters, tweets, and Facebook messages about his unpopular and dangerous public lands bill, H.R. 621. Shortly after, he dropped the legislation that would have enabled the sale of 3.3 million acres of public lands.
We celebrated. We were reminded that our voices have power. Then, we went back to work.
Here’s the thing: The tug-of-war between Americans who are proud to have 640 million acres of public lands as their birthright and those who seek to undermine these lands has never been tied to one individual bill, state, or lawmaker—it’s a longstanding ideological battle that puts conservation, access, and our hunting and fishing traditions on the line.
And, because D.C. politics are hardly ever as simple as black and white, the intent to transfer or sell public lands isn’t always explicitly stated in a bill’s title. To add to this confusion, sometimes a “win” for us is when nothing happens at all—a bill is introduced, never receives a hearing or co-sponsors, and gets swept from the docket at the end of that Congress. H.R. 621 languished in obscurity in this way last year, and Chaffetz probably wasn’t prepared for the backlash from public lands advocates when he reintroduced identical legislation in 2017.
Well, it’s a new day, and sportsmen are watching. Keep your eye on these legislative actions that would dismantle our public lands heritage, piece by piece.
The Pesky Budget Hitchhikers
We expect that the Fiscal Year 2018 budget resolution will pick up legislative riders like fleece picks up burrs. Riders are policy priorities tacked onto larger must-pass legislation and, coupled with bills that help guide government spending, they could have scary implications for public lands and habitat. Pretty much anything is fair game, but we’re keeping an eye out for language that undercuts federal plans to benefit sage grouse and the broader sagebrush ecosystem. Because stripping federal authority over management of national public lands is a big ol’ slippery slope.
The Sneaky Sage Grouse Bill
In fact, Senator Jim Risch (R-Idaho) has already introduced legislation (S. 273) that would give state officials full authority over state and federal conservation plans to restore sage-grouse habitat. This might sound mild, but don’t be fooled—transferring control of management plans is a back door to transferring control of the land itself. This would be “an unprecedented shift of management responsibility that erodes the implementation of bedrock conservation statutes,” according to Ed Arnett, our senior scientist. Congressman Rob Bishop (R-Utah) introduced a near-identical bill last year.
The Other Chaffetz Bill
In addition to the bill he withdrew*, Rep. Chaffetz also introduced the “Local Enforcement for Local Lands Act” (H.R. 622) as a measure to pull funding for federal public-land law enforcement. This bill is still alive in Congress and has six co-sponsors.
*Many of you have asked why it appears that H.R. 621 is still alive in congressional records and online, even though Chaffetz requested that the bill be withdrawn. Well, the committee chair is the one who officially files the forms to withdraw legislation and strike it from the books—and nobody likes doing paperwork. It’s typical for bills to collect dust in committee until the end of the congressional year.
The Forest Fire Sale Bill
The “State National Forest Management Act of 2017” (H.R. 232), introduced by Rep. Don Young (R-Alaska), would take two million acres of National Forest System land away from Americans to be managed solely for timber production (read: short-term profit.) Just a friendly reminder that this could transfer management of all of Pennsylvania’s Allegheny National Forest to the state. This language was originally introduced in 2016 and made it the next step to a committee hearing, despite sportsmen’s outcry. The 114th Congress wrapped without seeing that bill move any further, but now it’s back for round two.
The Zombie from Nevada
The “Honor the Nevada Enabling Act of 1864 Act,” introduced last Congress by Rep. Mark Amodei (R-Nev.), was an explicit attempt to transfer federal public lands in Nevada to state ownership—at which point public access could be barred. While we haven’t seen this language reappear verbatim, Amodei has introduced two public lands bills so far. The Small Tracts Conveyance Act (H.R. 1106) would allow for the sale of some federal public lands in Nevada to private landowners or other entities, and the Nevada Land Sovereignty Act (H.R. 243) prohibits the expansion or establishment of national monuments in Nevada.
The One Where the Math Doesn’t Add Up
Last year, the “Self-Sufficient Community Lands Act” passed out of the House Natural Resources Committee, but didn’t make it to a floor vote. It never should have made it that far. Introduced by Rep. Raul Labrador (R-Idaho), the bill would have given management authority for large segments of our national forests to “advisory committees”—no previous professional experience in forest management would be required on these committees. Conservation and access would surely be an afterthought to generating revenue, but the financial burden of wildfire management would still be on the American taxpayer. That’s why we’ll be watching for something similar to emerge.
It’s easy to get complacent as long as these threats never really come to a head. But consider what’s already been lost this year.
Alarmingly, Congress has already voted to roll back public involvement in public land management by blocking the Bureau of Land Management’s new planning rule through a Congressional Review Act resolution of disapproval. The resolution, which could eliminate the BLM’s ability to provide similar benefits in a planning rule ever again, was signed into law by President Trump on March 27, 2017. Planning 2.0 was the result of more than two years of collaborative work, and overturning it was a gut-punch to sportsmen who celebrated conservation benefits for big game migration corridors and backcountry habitats.
And, in Oregon, a two-to-one vote by the State Land Board is likely to seal the fate of the Elliott State Forest, which is much beloved for its recreation opportunities, including hunting and fishing, but has been a drag on the state budget sheet. Federal public lands aren’t managed for profit, but they would be in the hands of the states. Now, it’s likely that the Elliott will be sold. This could make it the poster child for what could happen to America’s public lands if land transfer proponents get what they want.
It’s also a reminder of why we’re fighting tooth and nail to keep public lands public. Give them an inch and they’ll take millions of acres. Let your elected officials know that our public lands are not for sale.
HOW YOU CAN HELP
CONSERVATION WORKS FOR AMERICA
As our nation rebounds from the COVID pandemic, policymakers are considering significant investments in infrastructure. Hunters and anglers see this as an opportunity to create conservation jobs, restore habitat, and boost fish and wildlife populations.