Montana man sentenced to federal prison for building ATV trail

A Livingston, Mont., resident has been sentenced to five months in federal prison, a $2,000 fine and $25,000 in restitution for damage done by his building an illegal ATV route in a national forest.

Francis Leroy McLain, 60, pleaded guilty last month to the misdemeanor charge of damage to government property for trail work done in Gallatin National Forest, located behind his residence, reports the Billings Gazette. McLain originally was indicted on a felony and faced a maximum one year in prison and $100,000 fine, but agreed to admit to a misdemeanor in a plea agreement.

McLain told the judge that he enjoyed hiking in the forest behind his property and thought he'd clear some blown-down trees from a trail and reduce the fire hazard.

Turns out, McLain did more than clear a few displaced trees. U.S. Forest Service officials determined that McLain built a mile-and-a-half-long, six-foot-wide ATV trail. Agency officials estimated the cost to restore the land to prevent erosion and dispose of downed trees that McLain had stacked to be more than $33,000.

His prison term will run concurrently with a four-year federal sentence he is serving for tax evasion in Minnesota.

I'm curious as to if readers think the punishment was too severe, fit the crime, or wasn't harsh enough.

-- Kelly Burgess

Photo: Lava Lake in Gallatin National Forest. Credit: Sam Gardner / USDA Forest Service

Comments

[229Mick]

Way too severe. First, the so called 'federal government' steals the land from the state, then sends someone to jail fines him, and charges him $25000.00 to do what? Drag trees away? Why? Because whenever trees fall down they drag them all away? Right. Because trails destroy forests? I hope they let the deer know that, and fine them appropriately.

Federal government is out of control at all levels.

[Josh Elliott]

I'll be hiking there tomorrow morning to go fishing and Camping. I have worked for the National Forest Service and the DNRC. Trust me we've done worse in the name of "conservation" in the forest. I see this as a case of a guy taking one of the kings deer and is now being severely punished for it. Ranchers, and the GOV. aka. the DNRC or the Forest Service Do so much more damage on a daily basis its not even funny, and our so called public lands. This guy has built a small ATV trail in his back yard a few hundred ft. to Lava lake. While the GOV. has allowed the construction and destruction of wilderness and again in "public lands" by PRIVATE corporations to harvest trees, not blown down, or beetle kill trees, but free standing live growth trees, not for profit for the people by the people, but for privatized personal gain at wholesale. Heck, the forest service has repeatedly sold wooded lots for deforestation at a loss, leaving tax payers to foot the bill, once again so that a private company can make some bucks. As soon as someone tries to clear some timber to drive his ATV, and I don't even own one, up a dam hill in his back yard in the KINGS FOREST his guards come knockin.

I'm not saying I totally disagree that their shouldn't have been some sort of recourse, but I for sure in hell am saying that in this case, the sentence was outrageous, severe, un-fiscally responsible and furthermore yet again adding financial burden to taxpayers.

[J.B.]

The punishnent was too harsh. He was wrong to make a trail, but he did clear "dead-standing" trees which needs to be done to remove fire materials. The US Forest Service should be ashamed of itself. (Espically in Colorado) for not doing their job and removing beetle-kill or creating fire breaks.

[DL Buck]

Mr Maclay, a rancher near Lolo, has been trying for years to get USFS to allow him to build an up-scale resort area near/on Lolo Peak. He encroached on public land and cleared ski runs. As far as I know, there were no consequences and the ski runs are still there. He's prob'ly got more $$$ and connections than Mr McLain.

[Roger Frederick]

Punishment is not severe enough. It's time to bring this out of control destructive "sport" under control. ORV's have eliminated the opportunity for the rest of us to enjoy our public lands. Erosion, air polution, noise polution, and selfishness are the actual results of ORV use.

[Bear]

Given the totality of circumstances, the sentence is just.
However, Los Angeles residents who sit in judgment must look inward at the gigantic environmental abomination that they perpetuate simply by living in LA.
The ecological disaster that is the city of Los Angeles is one of the larges taland and sea kill offs in history.
Don't think because some of it happened 100 years ago that you are off the hook.
Every single time you wash your dishes or water your lawn, a fish dies upstream in the Delta; and every time you flush your toilet, an additional fish dies at the outfall.

[Mike]

It seems this was a really serious case of property damage, so perhaps the punishment fits.

[SMP]

Given the MN tax evasion, this is clearly someone lacking in community virtue. Full extent oF the law For such obvious, willFull violation. Surely the $33K restoration cost should be recovered or he should physically do the replanting himselF.

[Jay]

I'm a Montanan who lives a block from a national forest in the state's northwest corner. We heat our home with wood from the forest. Last summer I legally downed a huge dead fir that fell a few feet beyond the 100 feet I'm allowed to drag it through the woods. That tree will lie there long after I'm gone. Many of us out here respect the forest and the laws that protect it. Like too many snowmobilers and ATV enthusiasts, this Livingston man obviously does not. I only wish the government had not offered him the plea bargain.

[Moabwilly]

If everyone felt they could build trails in Our National Forests, then eventually there would be no pristine Forests to visit. Once damaged, it is very hard and expensive to return them to the original condition, if at all possible. Maybe they set an example with Mr. McLain so others will also learn by his actions.

[Mr Vert]

If someone doesn't pay attention to you, you repeat yourself. If they still don't pay attention to you, your raise your voice a bit. If that doesn't work, perhaps a smack to the side of the head will get their attention. Since ATVers seem to develop thick skull syndrome when they get the throbbing machine between their legs, what choice is there but to use a smack to the side of the head and keep on smacking until they pay attention?

The sentence seems appropriate.

[Adam Rissien]

The total disregard this guy, and others like him, have for our public lands requires the stiffest penalties allowed by law. We routinely see broken gates and ripped up trails from people who think the rules do not apply to them. We need more law enforcement on our public lands, stiffer penalties and committed federal prosecutors willing to pursue convictions.

This guy from Livingston should have gotten the full penalty.