The suit was filed after the discovery that Maclay, who is trying to get Forest Service approval for a ski area, had cut several hundred trees on federal land along Forest Service Road No. 1311, which accesses Carlton Lake.
Most of the trees were cut in 2004, when Maclay was authorized to use the road in the McClain Creek drainage.
“This is an agreement that is really important to us,” said Debbie Austin, supervisor of the Lolo National Forest. “He's got to act like anyone else in regard to that road, and he's paying for the rehab of the area and for stumpage.”
In a written statement issued by Maclay spokesman Ross Rademacher, Maclay said this of the settlement: “We are pleased that a positive resolution has occurred. We are looking forward to a new year.”
At the time the suit was filed, Maclay said the dispute was a “misunderstanding” based on his family's historic use of the area.
“This issue comes down to a debate over historical land rights that has been occurring across the West for decades,” Maclay said. “There are many situations in which landowners' historical use of roads is subject to unresolved disagreements with the federal government.”
Austin said the government's road goes through Maclay's ranch south of Lolo, and that he had permission for certain uses of it. He did not have permission to open up other roads, however, or to cut trees along the road.
Under the settlement, Maclay “agrees that neither he nor any business organization in which he is involved will do road work, cut vegetation, or otherwise modify in any manner” Forest Service land or property without asking for and getting agency approval.
The Forest Service agrees to respond to any such requests from Maclay within 30 days.
Maclay also cannot use the portion of Road No. 1311 between his property and Carlton Lake in “any way that exceeds the rights of the general public without first securing Forest Service authorization.”
Maclay has used the road in the past as part of his Carlton Lake Irrigation Co, and the Forest Service cannot unreasonably refuse use of the road to access irrigation facilities.
“This is a positive agreement for us because it means he has to act like everyone else with regard to the road,” Austin said.
Reporter Michael Moore can be reached at 523-5252 or at mmoore@missoulian.com
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