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Wilderness: The Next 50 Years?

webversionbarnsBy: Martin Nie and Christopher Barns

September 3, 2014 commemorated the fiftieth anniversary of the Wilderness Act of 1964. No other environmental law, save perhaps the Endangered Species Act, so clearly articulates an environmental ethic and sense of humility. The system the law created is like no other in the United States. Once designated by Congress, a wilderness area is to be managed to preserve its wildness, meaning that these special places are to be free from human control, manipulation, and commercial exploitation.

Celebrations are being planned throughout the country and each will undoubtedly take a look back at the history of this law and the land it now protects. But what is the future of the wilderness system?

The story of wilderness is far from finished. Most at stake are lands managed by the U.S. Forest Service (USFS) and Bureau of Land Management (BLM). Both agencies manage millions of acres that are potentially suitable for wilderness designation. For the USFS, this includes land that is currently managed pursuant to the 2001 roadless rule (35.7 to 45 million acres depending on the inclusion of the ever-contested Tongass National Forest), and state-specific roadless rules covering Idaho (9.3 million acres) and Colorado (4.2 million acres). Also at stake are wilderness study areas (3.2 million acres) and places recommended for wilderness designation by the agency itself (5 million acres).

The BLM manages 528 Wilderness Study Areas (WSAs) totaling approximately 12.8 million acres, most of which were identified in the initial BLM inventory of its lands in the late 1970s. The agency is currently updating its inventory of other areas with wilderness characteristics, and a very rough estimate is that an additional 5 to 10 million acres will be identified – not including Alaska. The first inventory for areas with wilderness characteristics on lands managed by the BLM in Alaska has started, and perhaps 40 million acres will be found.

These lands provide the base from which future wilderness designations on USFS and BLM lands may come. Complicated planning processes, interim management measures, and politics will ultimately determine whether or not these lands are protected in some form in the future. The politics of wilderness is more complicated and challenging in 2014 than it was in 1964. We believe that three interrelated factors will shape wilderness designations in the future: extreme political polarization, trends in collaboration, and increasing demands for the manipulation of wilderness.

Congressional Polarization
We begin by focusing on the increasing polarization of Congress and its impact on wilderness politics. Since the Wilderness Act requires an act of Congress to designate wilderness, what happens in this institution necessarily impacts what happens to wilderness-eligible lands.

The history of the Wilderness Act makes clear that Congressional partisanship and ideology have always factored into wilderness politics. After all, Congress considered some 65 versions of the law over an eight-year political process. Politics notwithstanding, the U.S. House of Representative still passed the law by a vote of 374 to 1, and in the previous year, the U.S. Senate passed a version of the Act by a 73 to 12 margin.

What has so remarkably changed since these votes is the degree of partisan and ideological polarization of Congress. The so-called “orgy of consensus” that ostensibly characterized the environmental lawmaking of the 1960s and 1970s has all but disappeared in a loud and angry falling out of the center.

Political scientists show the extent to which the parties have polarized, or become more ideologically consistent and distinct, since the 1970s. A drastic homogenization and pulling apart of the parties is evident. A task force convened by the American Political Science Association shows there to be a major “partisan asymmetry in polarization.” According to the authors, “Despite the widespread belief that both parties have moved to the extremes, the movement of the Republican Party to the right accounts for most of the divergence between the two parties.”

Polarization has already impacted wilderness politics. For example, the 112th Congress was the only Congress to actually decrease the size of the Wilderness System. And we cannot recall a House session that has introduced or passed so much anti-wilderness legislation.

There is little reason to believe that polarization will abate any time soon so chances are good that gridlock and dysfunction will characterize wilderness politics, as it does in so many other policy areas. Designations will become more difficult and those opposing them will ask for a more absurd list of political concessions. If legislative channels remain blocked, we also suspect that a wilderness-friendly President will take more protective actions in the future, such as using Executive powers to withdraw lands from mineral development or by using the Antiquities Act to designate national monuments.

Compromise and Collaboration
Some wilderness advocates have embraced more collaborative approaches to wilderness politics, an approach whereby those seeking additional wilderness make deals with an assortment of interests that want something else, from rural economic development to motorized recreation. While collaboration could potentially break long-time wilderness stalemates, we fear that those collaborating in today’s polarized political context may make deals that collectively threaten the integrity of the Wilderness System.

The move towards collaboration in contemporary wilderness politics is understandable for a couple of reasons. First is the nature of the remaining wilderness-eligible lands managed by the USFS and BLM. Many wilderness battles of the past were focused on protecting “rocks and ice,” high altitude alpine environments with fewer pre-existing uses than found on lower elevation lands. But many current wilderness proposals now aim to protect lower elevation landscapes—and thus places with more “historic” uses and entrenched interests associated with them. The growing use of motorized recreation also helps us appreciate why some wilderness advocates have a sense of urgency when it comes to making deals to get wilderness designated sooner rather than later. Wilderness advocates fear that these machines will increasingly intrude into potential wilderness areas and make their protection more difficult in the future because of associated impairments and claims of “historic use.”

That compromise is part of wilderness, as it is for politics more generally, is not the dispute. What is disputed is whether these compromises have gone too far in recent years and what precedent they set for the future of the Wilderness System. We suspect that multi-faceted negotiations, in which wilderness is but one part of larger deals, will increase in scale and complexity. Wilderness may become currency in lop-sided negotiations—providing something to trade in return for more certain economic development on non-wilderness federal lands.

We are also concerned that those interests collaborating will view the original 1964 law as simply a starting point for negotiations and that there will be increasing calls for non-conforming uses and special provisions in newly-designated wilderness areas, such as language pertaining to grazing, wildlife management, motorized use, and fire. Precedent is a special concern in this context because of how often special provisions—to meet the desires of those opposed to wilderness—are replicated in subsequent wilderness laws. There appears to be a disturbing trend in the collaborators representing “conservation” interests negotiating away central tenets of the Wilderness Act in exchange for simply getting an area called “Wilderness” designated. As a result, recent legislation appears to be enshrining the WINO – Wilderness In Name Only.

Wilderness Manipulation
The third issue pertains to what we believe will be increasing demands to control and manipulate wilderness in contravention of the law’s mandate to preserve wilderness areas as “untrammeled.” Such demands will likely be made in the context of ecological restoration and efforts to mitigate and adapt to various environmental changes, such as threats posed by climate change. We suspect that future wilderness designations and the politics surrounding them will increasingly use climate change—whether as a legitimate concern, or merely an excuse—to focus on issues such as water supply, fire, insects, disease, and invasive species.

The relationship between water and wilderness will be particularly problematic in the West. Testifying before Congress on the proposed San Juan Mountains Wilderness Act of 2011, the USFS shocked many by opposing the bill’s provision to prohibit new water development projects in the new wilderness areas.

The water issue is also likely to manifest itself through the artificial delivery of water to wildlife populations in wilderness. The USFWS acquiesced to the state of Arizona’s request to build two artificial wildlife waters to benefit bighorn sheep within the Kofa National Wildlife Refuge Wilderness, despite the presence of over 60 such installations already in the area. However, this decision to manipulate the wilderness ecosystem was contested, and in 2010 the Ninth Circuit ruled that the USFWS failed to adequately analyze whether these “guzzlers” were necessary to meet the law’s minimum requirements. It seems that the courts will defend the undeveloped nature of an untrammeled wilderness where the agency charged with its stewardship will not.

Recently introduced legislation goes even further – beyond simply providing artificial water: the Sportsmen’s Heritage Act of 2012 version that passed the House would guarantee that any action proposed by a state wildlife agency would automatically satisfy the “necessary to meet minimum requirements” test mandated by Section 4(c) of the Wilderness Act.

Manipulating wilderness ecosystems frequently involves placing structures or installations in areas that are, by law, supposed to be undeveloped. They may make the area less natural, even though the law requires wilderness to be “protected and managed to preserve its natural conditions.” And, uniformly, they manipulate areas “where the earth and its community of life are [supposed to be] untrammeled.” These demands may end up as bargaining chips in the designation process – part of the increase in collaboration and compromise that is the hallmark of recent legislation. Manipulating wilderness ecosystems, which now seems acceptable to some “conservation” interests, may become a de facto political requirement in an increasingly polarized political climate where it seems one side seems to not care how an area is managed as long as it’s called “Wilderness,” and the other side doesn’t care what it’s called as long as it’s not managed as wilderness.

So, is “Wilderness” an idea whose time has come and gone?

***

We reflect on the words used by Congress in establishing the Wilderness System in 1964:
In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness.

The italicized words are emphasized because they explain why the reasons for adding to the Wilderness System are stronger in 2014 than they were fifty years ago. In 1964, the U.S. population was 192 million, it is now approaching more than 319 million. Along with this increasing population has come a staggering expansion of settlement, especially in the American West, and a phenomenal increase in the amount and power of motorized and mechanized use on public lands. The Wilderness System remains vital in protecting places and values that are increasingly rare in modern society.

Now, more than ever, we need the transcendent anchor provided by Wilderness. This is not asking for too much when we consider that roughly 5 percent of the entire U.S. is protected as wilderness, and a mere 2.7 percent when Alaska is removed from the equation. Nor is it too much when we consider that the majority of the U.S. has already been converted to agricultural and urban landscapes, with much of the remaining lands networked with roads. We are not so poor economically that we must exploit every last nook and cranny of our wild legacy for perceived gain; we are not yet so poor spiritually that we should willingly squander our birthright as Americans.

This is why we must fight for “Capital W” Wilderness, as originally envisioned, and make a stand for those last remaining roadless areas with wilderness characteristics that deserve our protection. It also means pushing back against the tide of compromising away the very essence of wilderness, and resisting the urge to manipulate wild places as if they were gardens to produce some desired future as if we knew what was always best for the land.

We need Wilderness, real Wilderness. Now, more than ever.
***

Martin Nie is Director of the Bolle Center for People & Forests at the University of Montana. Chris Barns is a BLM Wilderness Specialist in the National Landscape Conservation System Division, and that agency’s representative at the Arthur Carhart National Wilderness Training Center. His contribution to this essay should not be taken as an official position of the Department of the Interior or BLM. The Article from which this essay stems was published by the Arizona Journal of Environmental Law & Policy in October of 2014. Click here to view.

Wilderness in the Eternity of the Future
By Ed Zahniser

*Editor’s note: The following is reprinted from a speech Ed Zahniser gave this past May in Schenectady, NY.

Ed Zahniser speaks at the Kelly Adirondack Center of Union  College in Schenectady, NY, May 8, 2014. The Center includes  the former home of Paul and Carolyn Schaefer and family.  Photo: Dan Plumley, Adirondack Wild: Friends of the Forest Preserve.

Ed Zahniser speaks at the Kelly Adirondack Center of Union College in Schenectady, NY, May 8, 2014. The Center includes the former home of Paul and Carolyn Schaefer and family. Photo: Dan Plumley, Adirondack Wild: Friends of the Forest Preserve.

My father Howard Zahniser, who died four months before the 1964 Wilderness Act became law 50 years ago this September 3, was the chief architect of, and lobbyist for, this landmark Act. The Act created our 109.5-million-acre National Wilderness Preservation System.

Had I another credential, it would be that Paul Schaefer—the indomitable Adirondack conservationist—was one of my chief mentors and outdoor role models. Paul helped me catch my first trout. I was seven years old. That life event took place in what is now the New York State-designated Siamese Ponds Wilderness Area in the Adirondacks. Izaak Walton should be so lucky.

I worked for Paul Schaefer’s construction outfit, Iroquois Hills, for two high school summers. I lived here in the family home—897 St. David’s Lane—along with three of Paul and Carolyn’s four children, Evelyn, Cub, and Monica, and Paul. I slept in the Adirondack room—in the loft. Carolyn Schaefer, Ma Schaefer, was cooking for the weather station on Whiteface Mountain those two summers. Evelyn and Monica and I were on our own in the kitchen with an oven that had just two settings, “off” and “hot as hell.”

I spent many of those summer weekends with Paul in his Adirondack cabin, the Beaver House, near Bakers Mills. It was his heart’s home. And so for me, as in much of life, it’s not what you know. It’s who. But I must add that trying to fry three two-minute eggs the way Paul Schaefer liked them—with NO cellophane edges!—could bring down more wrath than Marine boot camp. And don’t ever let Paul sleep too late on Sunday morning to make it to mass in nearby North Creek.

Paul Schaefer lived by letterheads. He had a double fistful over the years. I was born the same year as Paul’s letterhead group Friends of the Forest Preserve, formed in 1945 to fight the Black River Wars. I must now confess—with all due respect—that my siblings and I still often address each other as “Dear Friends of the Forest Preserve.” Today the official group is Adirondack Wild: Friends of the Forest Preserve.

When I first read James Glover’s A Wilderness Original: The Life of Bob Marshall it reminded me that the many family friends I grew up taking for granted as national conservation associates of my father Howard Zahniser had been recruited by New Yorker Bob Marshall in his travels. Bob Marshall’s cohorts and co-founders of The Wilderness Society included Benton MacKaye, Bernard Frank, Harvey Broome, Aldo Leopold, and Ernest Oberholtzer. They carried on his wilderness work as The Wilderness Society after Marshall died at age 38 in 1939.

MacKaye, Frank, and Leopold were trained foresters, as was Marshall, who also had a PhD in plant physiology. Broome was a lawyer for the Tennessee Valley Authority, where MacKaye and Frank worked as foresters. Also helping with Marshall’s early Wilderness Society work were his personal recruits Sigurd Olson, an advocate with Ernest Oberholtzer of today’s Boundary Waters Canoe Area Wilderness in Minnesota, and Olaus and Margaret E. “Mardy” Murie, who would play crucial roles in the creation of the Arctic National Wildlife Refuge.

Bob Marshall inspired wilderness advocacy not only for federal public lands but also for the Adirondack wilderness of his youthful summers at the Marshall family camp near Saranac Lake. In July 1932, three years before The Wilderness Society was organized, Bob Marshall ran into a young Paul Schaefer atop Mount Marcy. Schaefer was photographing ravages of forest fires caused by careless logging of Adirondack High Peaks forests above the elevations that loggers had assured Bob Marshall and others that they would not cut.

Paul Schaefer was doing what his conservation mentor John Apperson said we must do. Stand on the land you want to save. Take pictures so the public sees what is at stake. John Apperson’s rallying cry was “We Will Wake Them Up!” Paul would practice just that for more than a half century of wildlands advocacy. Atop Mount Marcy, not far above Verplanck Colvin’s Lake Tear of the Clouds, Bob Marshall captured Paul Schaefer’s wild imagination. Marshall called for wilderness advocates to band together, which took place with The Wilderness Society’s birth three years later, in 1935.

In 1946, 14 years after his peak experience with Bob Marshall, Paul Schaefer recruited our father Howard Zahniser to defend Adirondack forest preserve wilderness. Apperson and Schaefer showed their documentary film about the dam-building threats to western Adirondack forest preserve lands at the February 1946 North American Wildlife Conference in New York City. My father had gone to work for The Wilderness Society the previous September 1945. After their presentation, my father told Schaefer that The Wilderness Society would help defend the western Adirondacks against dams in what became known as the Black River Wars.

When they took up the gauntlet in 1946, to block the series of dams was universally deemed a lost cause. But Schaefer and Zahnie—as our father was known—went from town to town in western New York, testifying at public hearings, meeting with news people, and identifying and cultivating local advocates of wildlands.

Zahnie also brought national experts from Washington, D.C. to New York to testify against the dams. So Paul Schaefer was Zahnie’s mentor in sticking with lost causes, too. As Olaus Murie later said—and this is my all-time favorite quotation about our father—“Zahnie has unusual tenacity in lost causes.” That was a New York State skill. I hope you have that skill, too, “. . . unusual tenacity in lost causes.”

Schaefer invited Zahnie and our family to experience Adirondack wilderness firsthand that summer of 1946. Backpacking across the High Peaks wilderness that summer with Schaefer and his fellow conservationist Ed Richard, Zahnie remarked that the ‘forever wild’ clause of New York’s state constitution might well model the stronger protection needed for wilderness on federal public lands. The next summer, 1947, The Wilderness Society governing council voted to pursue some form of more permanent protection for wilderness. That 1947 vote set the stage for the 1964 Wilderness Act.

The administrative classifications that Bob Marshall and Aldo Leopold had won to protect wilderness on federal, national forests were proving ephemeral. A housing boom followed World War II’s end in 1945. Federal bureaucrats started de-classifying administratively designated wilderness areas for exploitation of timber, minerals, and hydropower.

Under Schaefer’s tutelage, Zahnie dove into the Black River Wars here in New York. Zahnie’s federal government public relations work had taught him the machinations of multi-media publicity. But from and with Paul Schaefer in the Adirondacks, Zahnie learned firsthand the art of grass roots organizing and stumping for wilderness. Paul Schaefer built a statewide coalition of hunters, anglers, and other conservationists and held it together by the strength of his personality for 50 or 60 years. If you’re looking for a job, there’s one that is probably going begging tonight.

This truths our calling the Adirondacks and Catskills “where wilderness preservation began.” The epic early 1950s fight against the Echo Park Dam proposed inside Dinosaur National Monument in Utah built the first-ever national conservation coalition. Then, having defeated the Echo Park dam proposal by 1955, Zahnie and the Sierra Club’s David Brower put that coalition to work for the legislation that would become the 1964 Wilderness Act.

Zahnie and David Brower, who then headed the Sierra Club, led the Echo Park Dam fight. Brower told Christine and me at the National Wilderness Conference in 1994 that Zahnie was his mentor in the practical technics of conservation advocacy. So this also puts David Brower in the direct line of mentoring by Bob Marshall and John Apperson and Paul Schaefer’s Adirondack wilderness advocacy. It was also during the western Adirondack dam fights that Zahnie met the philanthropist Edward Mallinkrodt, Jr., who helped bankroll the campaign against Echo Park Dam in the early 1950s.

In 1953 Zahnie gave a speech in Albany, New York to a committee of the New York State legislature. This was my father’s first major public formulation of the wilderness idea. His topic was the remarkable record of the people of the Empire State in preserving in perpetuity a great resource of wilderness on their public lands. The speech was titled “New York’s Forest Preserve and Our American Program for Wilderness.” The 1953 speech also included a sentence that, unfortunately, does not appear in the 1964 Wilderness Act. Zahnie told the legislators that “We must never forget that the essential character of wilderness is its wildness.”

Then, in 1957, Zahnie addressed the New York State Conservation Council’s convention in Albany. He titled this speech “Where Wilderness Preservation Began.” In it Zahnie said: “This recognition of the value of wilderness as wilderness is something with which you have long been familiar here in New York State. It was here that it first began to be applied to the preservation of areas as wilderness.” In August 1996 Dave Gibson and Ken Rimany, Paul Schaefer’s grandson David Greene, and my brother Matt Zahniser and I and our four sons backpacked across the High Peaks to commemorate the 50th anniversary of the 1946 trip made by Schaefer, Ed Richard, and Zahnie. It remains crucially important to speak clearly and strongly for this unparalleled legacy of wildness—here and nationally—that we love and cherish. And only astute wilderness stewardship can put the forever in a wilderness forever future.

Bob Marshall, who was Jewish, early fought for wilderness as a minority right. Marshall also fought for a fair shake for labor and other social justice issues. On his death at age 38 in 1939, one-third of Bob Marshall’s estate endowed The Wilderness Society, but two-thirds went to advocate labor and other social justice issues. Wilderness and wildness are necessity; they are not peripheral to a society holistically construed.

This bit of biography underscores how Congress declares the intent of the National Wilderness Preservation System Act to be “for the permanent good of the whole people…” —and this by a 1964 House of Representatives vote of 373 to 1. Isn’t that amazing? And by an earlier Senate vote of 78 to 12.

Wilderness and wildness are integral to what Wendell Berry calls the circumference of mystery. Wilderness and wildness are integral to what the poet Denise Levertov calls the Great Web. Wilderness and wildness are integral to what the Reverend Dr. Martin Luther King Jr. calls our inescapable network of mutuality. Wilderness and wildness are integral to what God describes to Job as the “circle on the face of the deep,” to the bio-sphere, to our circle of life, to our full community of life on Earth that derives its existence from the Sun.

The prophetic call of wilderness is not to escape the world. The prophetic call of wilderness is to encounter the world’s essence. John Hay calls wilderness the “Earth’s immortal genius.” Gary Snyder calls wilderness the planetary intelligence. Wilderness calls us to renewed kinship with all of life. In Aldo Leopold’s words, we will enlarge the boundaries of the community—we will live out a land ethic—only as we feel ourselves a part of the same community.

By securing a national policy of restraint and humility  toward natural conditions and wilderness character, the Wilderness Act offers a sociopolitical step toward a land ethic, toward enlarging the boundaries of the community.

Preserving wilderness and wildness is about recognizing the limitations of our desires and the limitations of our capabilities within nature. But nature really is this all-encompassing community—including humans—that Aldo Leopold characterized simply as “the land.” With preserving designated wilderness we are putting a small percentage of the land outside the scope of our trammeling influence.

President Lyndon B. Johnson signed the Wilderness Act into law on September 3, 1964. Our mother Alice Zahniser stood in our father’s place at the White House signing, and President Johnson gave her one of the pens he used. The future of American wilderness lies in continued concerted advocacy by spirited people intent on seeing our visionary legacy of thinking—and feeling—about wilderness and wildness taken up by new generations. Howard Zahniser said that in preserving wilderness, we take some of the precious ecological heritage that has come down to us from the eternity of the past, and we have the boldness to project it into the eternity of the future. If you are looking for good work, you will find no better work than to be a conduit for those two eternities. Go forth, do good, tell the stories, and keep it wild.

Ed Zahniser recently retired as the senior writer and editor with the National Park Service Publications Group in Harpers Ferry, West Virginia. He writes and lectures frequently about wilderness, wildlands, and conservation history topics. He is the youngest child of Alice (1918-2014) and Howard Zahniser (1906–1964). Ed’s father was the principal author and chief lobbyist for the Wilderness Act of 1964. Ed edited his father’s Adirondack writings in Where Wilderness Preservation Began: Adirondack Writings of Howard Zahniser, and also edited Daisy Mavis Dalaba Allen’s Ranger Bowback: An Adirondack farmer: a memoir of Hillmount Farms (Bakers Mills).

ImageOf Wolves and Wilderness
By George Nickas

“One of the most insidious invasions of wilderness is via predator control.” – Aldo Leopold, A Sand County Almanac

Right before the holidays last December, an anonymous caller alerted Wilderness Watch that the Forest Service (FS) had approved the use of one of its cabins deep in the Frank Church-River of No Return Wilderness (FC-RONRW) as a base camp for an Idaho Department of Fish and Game (IDFG) hunter-trapper. The cabin would support the hired trapper’s effort to exterminate two entire wolf packs in the Wilderness. The wolves, known as the Golden Creek and Monumental Creek packs, were targeted at the behest of commercial outfitters and recreational hunters who think the wolves are eating too many of “their” elk.

Idaho’s antipathy toward wolves and Wilderness comes as no surprise to anyone who has worked to protect either in Idaho. But the Forest Service’s support and encouragement for the State’s deplorable actions were particularly disappointing. Mind you, these are the same Forest Service Region 4 officials who, only a year or two ago, 
approved IDFG’s request to land helicopters in this same Wilderness to capture and collar every wolf pack, using the justification that understanding the natural behavior of the wolf population was essential to protecting them and preserving the area’s 
wilderness character. Now, somehow, exterminating those same wolves is apparently also critical to preserving the area’s wilderness character. The only consistency here is the FS and IDFG have teamed up to do everything possible to destroy the Wilderness and wildlife they are required to protect.

Middle Fork Salmon River, Frank Church-River of No Return Wilderness, Idaho

Middle Fork Salmon River, Frank Church-River of No Return Wilderness, Idaho: Where nine wolves were killed by IDFG’s hired hunter-trapper. Photo: Rex Parker

Wilderness Watch, along with Defenders of Wildlife, Western Watersheds Project, Center for Biological Diversity, and Idaho wildlife advocate Ralph Maughan, filed suit in federal court against the Forest Service and IDFG to stop the wolf slaughter. Our suit alleges the FS failed to follow its own required procedures before authorizing IDFG’s hunter-trapper to use a FS cabin as a base for his wolf extermination efforts, and that the program violates the agency’s responsibility under the 1964 Wilderness Act to preserve the area’s wilderness character, of which the wolves are an integral part. Trying to limit the number of wolves in Wilderness makes no more sense than limiting the number of ponderosa pine, huckleberry bushes, rocks, or rainfall. An untrammeled Wilderness will set its own balance.

The FS’s anemic defense is that it didn’t authorize the killing, therefore there is no reviewable decision for the court to overturn, and that it was still discussing the program with IDFG (while the trapper was in the field killing the wolves). Unfortunately, the district judge sided with the FS and IDFG, so we filed an appeal with the Court of Appeals for the Ninth Circuit. Rather than defend its action before the higher court, Idaho informed the court that it was pulling the trapper out of the Wilderness and would cease the program for this year. In the meantime, nine wolves are needlessly dead.

We will continue to pursue our challenge because the killing program will undoubtedly return. The Forest Service can’t and shouldn’t hide behind the old canard that “the states manage wildlife.”  Congress has charged the FS with preserving the area’s wilderness character and the Supreme Court has held many times that the agency has the authority to interject itself in wildlife management programs to preserve the people’s interest in these lands. Turning a blind-eye is a shameful response for an agency that used to claim the leadership mantle in wilderness stewardship.

Wilderness Watch expresses its deep appreciation to Tim Preso and his colleagues at Earthjustice for waging a stellar legal battle on our behalf and in defense of these wilderness wolves.

George Nickas is the executive director of Wilderness Watch. George joined Wilderness Watch as our policy coordinator in 1996. Prior to Wilderness Watch, George served 11 years as a natural resource specialist and assistant coordinator for the Utah Wilderness Association. George is regularly invited to make presentations at national wilderness conferences, agency training sessions, and other gatherings where wilderness protection is discussed.

By Jerome Walker and Marcia Williams

After reading “A Dam Dilemma” in the Missoula Independent in mid-July, we decided to hike up to the Fred Burr Dam in the Selway-Bitterroot Wilderness in Montana to see what all the fuss was about. One of us is 74 years old and the other is from New York, had only camped once and had never backpacked, but we were powerfully curious.

The first night we packed in to a campsite 7.5 miles up Fred Burr Creek. That day we saw two other backpackers, but the next two days we saw no human being and enjoyed the quiet found only in Wilderness. By lunchtime of the second day we were at the dam.

Image

The catwalk was constructed from nearby trees and not from sawmill boards.

We noticed straight off that the partly collapsed catwalk that the private company, Fred Burr High Lake Inc., wants to repair by using a helicopter to bring in 682 pounds of boards, etc., was constructed from on-site trees, not from sawn lumber. The dam itself, which doesn’t need repairs, was also constructed from on-site material. We wondered why the catwalk couldn’t just be repaired using local materials again, as there were plenty of trees and deadfall around. There was a spillway to take care of any overflow, so a federal judge’s recent assertion that “leaving Fred Burr Dam unrepaired could do more damage to the Wilderness than a single helicopter” didn’t make much sense either. (Federal Judge Donald Molloy recently ruled the Forest Service could authorize the private company to use a helicopter to transport materials for this minor repair to the dam.)

Hiking up to the dam we crawled over or ducked under some deadfall, but these need only to be cut with crosscut saws as a matter of routine trail maintenance for both horses and people to pass easily. At no point did we see switchbacks that would have been impossible for horses to negotiate, as the Forest Service maintains, and for sure there seemed no need for dynamite to “widen the trail”, as they also claim. We also observed manure (view a video of the where the manure was seen by clicking here) all along the trail up very close to the dam itself, so clearly some horses were able to make it up there fairly recently, as we figured nobody would helicopter in manure.

Image

This is the sharpest switchback we saw, which could be easily negotiated by a horse without any blasting with dynamite, as the Forest Service alleges would be necessary. In fact, very near this spot we found horse manure on the trail.

Later we read Renee Morley’s letter to the Independent in which Morley agreed, as just about everybody does, that “unnecessary helicopter flights are detrimental to Wilderness and degrade the law”. Then Morley reversed course and let the Forest Service off the hook due to their lack of funds to maintain trails so that horses can pass.

Still later we learned that the Forest Service had spent tens of thousands of taxpayer dollars on an Environmental Assessment required by Fred Burr High Lake, Inc’s 2010 request for use of a helicopter in Wilderness.  This expenditure wouldn’t have been necessary had the Forest Service simply insisted in the first place that the corporation, which owns the dam and water rights, obey the Wilderness Act. This would require either packing in repair materials or using on-site materials, as had been done in the past. More importantly, it raises the serious question of why the agency is spending taxpayers’ money to analyze a private company’s project on its private dam?

Now the Forest Service has to spend more of our taxpayer money to defend against litigation brought against them for failing to uphold the law. Since these funds, which Congress appropriates to the agency to manage Wilderness, are being wasted, maybe that’s why there’s not enough money left to hire crews to maintain the hiking trails in Wilderness or to build new trails, which was not the case in the past.

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The Wilderness Act of 1964 (we will celebrate its 50th anniversary next year) is very clear about prohibiting ANY motorized equipment such as helicopters in Wilderness whatsoever except for rare life and death rescue situations and in rare cases where such use is necessary as the minimum requirement for proper protection and administration of the area as Wilderness. This principle is fundamental to the very concept of Wilderness. Maybe the Forest Service needs to take another look at the law and spend our taxpayer money more wisely. That could go a long way towards untangling the so-called “dam dilemmas” throughout Wilderness.

Jerome Walker, M.D.
National Board, Wilderness Watch
Missoula

and

Marcia Williams
Missoula


Jerome Walker’s introduction to Wilderness Watch and Wilderness began when his late wife, Melissa served 10 years on WW’s board, including a term as vice president. A retired neurologist, Jerome has concentrated on wilderness photography for the last two decades. His images can be seen on his website (
jeromewalkerphotography.com). 

Marcia Williams, who is new to Wilderness but learning fast, is from New York and currently lives in Franklin, TN, where she founded and heads up Independent Trust Company.  Because of her background in finance and investment she currently is serving on Wilderness Watch’s finance committee. 

 

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