Powell County and Grant-Kohrs agree to co-manage part of Old Yellowstone Trail

In the end, compromise prevailed.

The legal battle launched in federal court in 2022 involved two seemingly incongruous foes: the Grant-Kohrs Ranch National Historic Site and Powell County.

The primary beef focused on whether a section of the Old Yellowstone Trail that traversed about a mile of Grant-Kohrs property occupied a county road and was thus public and subject to county authority. Powell County asserted it was a county road; Grant-Kohrs, a National Park Service site, asserted it was not.

The Rock Creek Cattle Co., an exclusive enclave in Powell County for the wealthy and a working cattle ranch, sided with Grant-Kohrs and argued that pedestrians or bicyclists using the 10.5 mile trail between Deer Lodge and Garrison could disturb cows and disrupt operations on its 35,000-acre ranch.

There was also this: Grant-Kohrs forbade bicycles on the stretch of the trail through its site. The same policy governed the rest of the ranch property.

Now, more than two years after the litigation began, Grant-Kohrs and Powell County have reached a compromise — a Cooperative Management Agreement signed Oct. 23.

The historic site and the county will co-manage the Old Yellowstone Trail where it travels within National Park Service boundaries.

And Grant-Kohrs will allow bicycle use, but only on the section of the trail through its property.

"This symbolizes a commitment to partner with the National Historic Ranch to keep the Old Yellowstone Trail open to the public and in good repair," said Amanda Cooley, planning director for Powell County.

"We could have fought harder for control over the road, but this is still a best-case outcome," she said Monday. "It's great to move forward with a simple plan to help ensure coordination between partners. Although the process took two years, Grant-Kohrs staff has been excellent to work with."

Cooley said Powell County and Rock Creek Cattle Co. also found common ground.

"The county is in good standing with Rock Creek Cattle Co.," she said. "Rock Creek has generously agreed to provide a yearly sponsorship to help support trail maintenance, so the [road] remains in good repair for ranching operations and visitor use. The county has agreed to cooperate with periods of brief closures for ranching and calving operations. This will be communicated to the public via signage, the county website and the Parks Board Facebook page."

The Old Yellowstone Trail prohibits e-bikes and recreational horseback riding outside of National Park Service boundaries.

The Grant-Kohrs National Historic Ranch provides a glimpse into the frontier cattle era and the role of cattle ranchers in American history.

In part, the path of the Old Yellowstone Trail follows the former right-of-way of the former Milwaukee Road railroad. The county acquired that right-of-way with money from the state's Natural Resource Damage Program.

The NRDP funds, reached in a Superfund settlement with Atlantic Richfield/BP, are meant to support restoration of damaged natural resources and to help compensate for the decades when public recreation was hamstrung by mining and smelting pollution.

The trail's name pays homage to the Yellowstone Trail, a transcontinental route first conceived by South Dakota businesspeople.

The Old Yellowstone Trail roughly parallels the Clark Fork River and trail backers say it offers opportunities for exercise and wildlife viewing as well as firsthand observations of the importance of agriculture to the local economy and culture.

The Cooperative Management Agreement will remain in effect for 10 years. The 11-page agreement, plus appendices, details the responsibilities and commitments of Powell County and Grant-Kohrs for trail oversight and maintenance.

Kathryn McEnery, county attorney for Powell County, said she anticipates the legal case between the two will soon be dismissed.

"The case is currently stayed, and with the executed Cooperative Management Agreement we are just waiting on filing dismissal paperwork, at which point the litigation will be completed," she said.

The National Park Service did not respond to a request for comment.