You are currently browsing the tag archive for the ‘Wilderness Watch’ tag.

Can We Still Keep Wilderness Wild?
by Louise Lasley

ML photo head shot 2Most of us probably believe we can correctly figure out fact from fiction, good from bad, and many other distinctions we make every day. But sometimes our perceptions are forged by subtle, if inadvertent, messages we receive. And before long the collective perspective becomes our culture with an almost unobservable change in what is believed to be right or good or necessary. This shift from original intent to accepted practices applies to our best-protected lands and threatens not only designated Wilderness, but the Wilderness Act, too.

I recently received information on an upcoming wilderness festival, and the first thing that caught my attention was the phrase: “management is a necessary part of our interaction with this resource” (meaning Wilderness). I count this as one of those subtle messages that tend to shift behavior. To manage something is a dynamic, manipulative action that implies human intervention and control. The responsibility of the four federal agencies that oversee Wilderness is to administer these lands using a hands-off approach rather than manage them. Congress and the American people have set aside Wilderness to allow nature to call the shots.

The Wilderness Act defines Wilderness as, “…an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.” Howard Zahniser explained in a 1957 speech the intended meaning of “untrammeled” as “free, unbound, unhampered, unchecked, having the freedom of the wilderness.”

Stewart Brandborg worked closely with Zahniser on the Wilderness Act, and then served as executive director of the Wilderness Society for 12 years after the law’s 1964 passage. These two roles created millions of acres of designated Wilderness. The late Bill Worf, a former Forest Service (FS) supervisor and fierce advocate for Wilderness, was part of a small group tasked with writing the FS regulations for the Wilderness Act. For years these two men were the backbone of Wilderness Watch, the only national organization working exclusively to assure that Wilderness is administered according to the law. Neither would stray from their conviction that the Act does not allow for compromise nor should it be subject to individual interpretation.

I can’t tell you when the shift from the original intent for stewardship of these lands began, but it has been moving a lot. The other night at dinner Stewart Brandborg said that the next presentation regarding Wilderness should be titled: “It’s all Screwed Up.” Here are a few examples of how the law is being disregarded:

  1. A private company used a helicopter to haul materials to repair the Fred Burr High Lake dam in the Montana portion of the Selway-Bitterroot Wilderness, even though in the past materials were carried in by packstock or found onsite.
  2. A proposed road would cut through the Izembek Wilderness in Alaska.
  3. In the Boundary Waters Canoe Area Wilderness in Minnesota, commercial towboat traffic has increased significantly instead of maintaining levels existing at the time of designation.
  4. There is a proposal to considerably expand the Fish Lake airstrip in the Selway-Bitterroot Wilderness in Idaho.
  5. In the Emigrant Wilderness in California, buildings have been rebuilt and commercial packstations exceed historical numbers.
  6. Commercial shellfishing is occurring in the Monomoy Wilderness in Massachusetts.
  7. 450 Helicopter landings have been proposed for bighorn management in Wildernesses in Arizona.
  8. Motorized cattle herding has been proposed in Wildernesses in the Owyhee region of Idaho.
  9. Water developments have been built in the Kofa Wilderness in Arizona, using construction equipment and helicopters.
  10. Unnecessary structures have been restored and rebuilt in the Olympic Wilderness in Washington.
  11. And on and on…

Such illegal actions were probably considered acceptable by the agencies, weren’t that much different than some earlier action, or would help with an issue unrelated to Wilderness. Or as my friend Howie says, “They have landscape amnesia.” In other words, they’ve forgotten what Wilderness is supposed to be. All illegal actions are damaging to Wilderness, but cumulatively they amount to a “death by a thousand cuts,” with incremental changes sometimes only obvious over longer periods of time.

How did we get to this place? Who is responsible? Often, agency employees notify Wilderness Watch of violations occurring in Wilderness. The most abused part of the Wilderness Act is the administrative exception in section 4(c), which allows the minimal action necessary to administer the Act. It was intended to apply to those exceedingly rare instances where motorized equipment, motor vehicles, aircraft, structures or installations are truly necessary and constitute the absolute minimum required to preserve Wilderness.  Instead, the agencies increasingly invoke the exception whenever it is convenient or to promote recreation or one of the other uses of Wilderness. Unfortunately, many of these violations provide the jumping-off step for the next, bigger illegal action.

The U.S. Forest Service, the National Park Service, the Bureau of Land Management and the U.S. Fish and Wildlife Service have a long history of resisting the Wilderness Act. But it is not just the agencies that have dropped the ball. Congress has failed in its oversight of the agencies and its review of the state of the Wilderness system. A 1989 Government Accounting Office (GAO) report requested by the House Subcommittee on National Parks and Public Lands found that the Forest Service was “devoting only minimal attention to wilderness,” but nothing came of the report’s recommendations to prevent further degradation of Wilderness. In 1995, Congress passed the Paperwork Reduction Act, which rescinded a provision of the Wilderness Act that required the agencies to submit substantive annual reports to Congress on the state of the Wilderness system. And in perhaps the most alarming assessment of the Wilderness system, a 2001 report by the Pinchot Institute for Conservation warned, “The four wilderness agencies and their leaders must make a strong commitment to wilderness stewardship before the Wilderness System is lost.” Yet neither Congress nor the agencies have made any meaningful actions to address the recommendations of this in-depth, comprehensive report. It is now largely forgotten.

Current stewardship oversight, or lack thereof, is only part of the degradation of Wilderness by Congress. Congress is proposing bills as damaging to Wilderness as the violations the agencies are carrying out—and maybe more so. Bills designating Wilderness in the past were clear and simple and adhered to the Act. Increasingly, wilderness bills include exceptions not in the Act, have language that undercuts the Act, or add damaging non-conformities to both existing and proposed Wildernesses. The current Congress includes 51 such bills. , Many of the proposed bills are supported by the larger conservation organizations, who, because of their size, proximity to DC, and their budgets, have usurped negotiations from local organizations who are working to designate additional Wilderness. These larger organizations who claim that compromise is necessary to gain more public support, along with Congress, are making the Wilderness Act into something other than what was envisioned during its long and inclusive passage into law.

So whose responsibility is it to ensure that Wilderness retains the character that makes it wild, that ours and future generations are able to experience the wild, and that accountability for wilderness is acknowledged and accepted? I believe this responsibility belongs to Congress, to the four administering agencies, and finally to us—the “public”, the folks who know the wilderness lands around them, cherish their unique and special qualities, and are grateful for what Wildernesses don’t have: those activities that would make a Wilderness just the same as any other place. The question remains, can we still keep Wilderness wild in the face of so many challenges to the Act’s original intent?


Louise Lasley’s (president of Wilderness Watch) pursuit of backcountry activities produced a strong advocacy for wilderness and the values we find in wild places. She has worked for years to protect those values around the globe and particularly within the Greater Yellowstone Ecosystem. Work on public lands and wildlife issues for the Jackson Hole Conservation Alliance, Northern Rockies Conservation Cooperative, the Wildlife Conservation Society, Africa Rainforest and River Conservation, and as a naturalist for the Bridger-Teton National Forest and Spring Creek Resort has been fundamental to her new endeavor to look at local issues as she travels around the West. After living in Jackson Hole for 30 years, Louise began the life of a gypsy this year looking for a someplace to call home. She hopes that her knowledge and experience of public lands and wildlife concerns will help in her transition to a new community.

So-Called Conservation Groups Betray Wilderness
By Howie Wolke

photo_howieThis is the slightly amended written document that I worked from while giving my talk at the 50th Anniversary Wilderness Conference in Albuquerque this past October. My actual talk included some additions that I felt were important based upon what I’d already experienced at the conference and a few deletions due to the time constraint. I did begin with a brief story of a personal encounter with a sow grizzly with cubs that illustrates how much we still do not know about wildland ecosystems. The actual speech can be viewed on You Tube.

My name is Howie Wolke and I live in the foothills of the Gallatin Range in southern Montana just north of Yellowstone National Park, about a mile from the greater Absaroka-Beartooth Wilderness Complex. I’ve been a wilderness guide/outfitter for backpacking and canoe trips since 1978. I am also a past President and the current Vice-President of Wilderness Watch.

When I first applied to give a presentation at this conference I intended to share my thoughts about the state of our wilderness lands on the ground, given my perspective from having guided well over 500 wilderness treks. Most of these trips have been 5-10 days in duration, and after 36 years I still guide trips from the Arctic Refuge to the Gila including many areas in between. Our company’s major focus, though, are the wildlands of the Greater Yellowstone Ecosystem, my primary home range. There may be someone out there with more guiding experience than I have but if so, I don’t know who that person is.

I mention this because unfortunately, my guiding perspectives will have to be shared outside the context of this panel, perhaps over a beer somewhere or at another forum. That’s because there’s little opportunity in this conference to examine as a group, with meaningful interchange, the failings of and potential remedies for, effective wilderness activism in the U.S. This is my attempt to focus at least a bit of attention on a very big problem that I will soon describe.

Let me be clear: I really appreciate the staggering effort put forth by conference organizers. They’ve secured some wonderful and well-known keynote speakers, like Terry Tempest Williams, Sylvia Earle and Dave Foreman — plus some famous media people, agency leaders and politicians, and that’s fine. But there were some glaring omissions and perhaps for the next Wilderness conference we could also include folks such as Michael Soule’, George Wuerthner and E. O. Wilson (who advocates that 50% of the planet should be biodiversity reserves, way more than most of the American Conservation Movement is willing to support). I should also mention Carole King, a real wilderness activist hero in addition to being a pretty fair singer/song-writer.

And perhaps future conferences could be better structured to facilitate debate and real interchange of ideas. In my mind, it is unfortunate that this very panel is competing with 11 other concurrent panels. That’s an insult. I came all the way to Albuquerque to talk to 8% of the participants? This conference is a wonderful gathering of some really great minds. But it’s very academic, not at all conducive to having wilderness advocates really examine and debate as a group where we should be going after 50 years of Wilderness legislation in the United States.

The truth is that a deep malaise afflicts wildland conservation. Certainly, there are some really great activist groups out there, on the local, regional and even national levels. Such as Friends of the Clearwater, Wilderness Watch, Western Watersheds Project, Friends of the Bitterroot, Alliance for the Wild Rockies, New Mexico Wilderness Alliance, Swan View Coalition, and many more. But these outfits are routinely undercut by a relatively small cadre of big national and regional groups with big budgets, and often with obscenely big salaries for their executives. Real activism that highlights education and organizing wilderness defenders has been swept aside, replaced by collaborative efforts to designate watered-down Wilderness. That’s where the money is, so the PEW Foundation and other funders who defend the status quo dictate strategy, favoring radical compromise and collaboratives where everyone holds hands and sings Kumbaya. These collaboratives forge deals that make some people feel good but almost always the land and its creatures get the shaft. These outfits work for legislative notches in their Beltway belts, at any cost — the costs often being special provisions in Wilderness bills and radically truncated Wilderness boundaries. This creates increasingly human-manipulated and tame “Wilderness”.

Unfortunately, I am not simply talking about honest differences of opinion over strategy. I’m talking about the Big Greens actively working against conservation, routinely teaming up with corporate exploiters and other anti-wilderness constituencies. There’s a fine line between strategic differences and actually working to oppose grassroots conservation; and that line is now routinely crossed. I’ll give you just a few examples, which is all that my time allotment allows, but there are, sadly, plenty more.

So, of course I am disappointed but not surprised that TWS President Jamie Williams is a conference keynote, because – as I will shortly explain – his organization has turned its back both on the Wilderness Act and it’s formidable but increasingly distant pro-wilderness past. Now, before anyone accuses me of getting personal, I assure you that there is nothing personal about this. I don’t know Jamie Williams; I’ve never met him. He is probably nice man who believes that he’s working for the greater good. But I do know that his organization has abandoned its formidable history of wilderness defense and advocacy and that in The Wilderness Society, the buck stops in his office.

Yet, Stewart Brandborg, former Executive Director of TWS who helped pass the Wilderness Act, was not invited to be a featured speaker here, and don’t let anyone tell you that he was, because that’s simply not true. If they really wanted him they could have got him; he wanted to come. He told me this in a personal conversation just a few days ago. But perhaps because some of the organizers knew that he was planning to strongly reprimand TWS/PEW/USFS etc., he remains in Montana. Like many of us, Brandy is truly horrified by what’s happened to the wilderness movement and he wanted me to convey that message to this group.

In some ways, the problem really materialized during RARE II, when a small group of TWS and Sierra Club Washington, D.C.-based employees, I’m told led by Doug Scott (another of this conference’s keynote speakers, by the way) decided that conservationists should propose less than half of the available national forest roadless acreage for Wilderness. My old friend Dave Foreman was one of those D.C. strategists at the time, but to his credit, he later renounced the RARE II strategy of minimal proposed Wilderness. Unfortunately, out of 80 million available national forest roadless acres (62 million inventoried in RARE II), the Carter Administration, constrained by the conservation movement’s radically compromised vision, recommended just 15 million acres for wilderness designation. The dye was cast. The opportunity to define the wilderness/roadless debate on biocentric terms by advocating Wilderness for all or nearly all roadless areas was blown. Millions of wild acres were subsequently bulldozed, and with exceptions, the wilderness movement has behaved like a beaten dog ever since.

The Wilderness Society has fallen far. Earlier I complained about TWS President Jamie Williams being a Keynote speaker at this conference. Here are just a few examples why: TWS has opposed the efforts of Wilderness Watch and local conservationists to keep Georgia’s Cumberland Island National Seashore wild, by supporting the National Park Services’ running motor tours through this designated Wilderness. TWS has also encouraged the BLM to allow ranchers to use ATV’s in the Owyhee Canyons Wilderness in Idaho, and it has supported an extremely absurd Forest Service plan to burn nearly the entire Linville Gorge Wilderness in North Carolina! Of equal shock value, a couple of years ago, TWS staffer Paul Spitler produced a paper entitled “Managing Wildfires in Wilderness”. That paper supported logging, road-building and bulldozing pre-emptive fire-breaks in designated Wilderness. I quote from this TWS Paper: “In short, any fire suppression activities that are allowed outside of wilderness are allowed within wilderness as well”. That is an incorrect interpretation of the Wilderness Act, arguable at best, but why is TWS working to promote rather than restrain heavy-handed management in wilderness? Do they not recall Howard Zahnisers’ poignant reminder that in Wilderness “we must be guardians, not gardeners”?

And then there’s Green Mountain, in Washington’s Glacier Peak Wilderness. That’s where the Forest Service illegally replaced a dilapidated fire lookout with a brand-spanking new lookout/visitor center under the phony guise of historic preservation. Wilderness Watch sued the Forest Service and won a legal slam-dunk victory for Wilderness and for the Wilderness Act. The FS was ordered to remove the structure. But TWS again undercut conservation by working to exempt Green Mountain from the requirements of the Wilderness Act. And Congress did exactly that. Obviously, TWS is so determined to appease the agencies that they have abandoned their mission, with zeal. When Stewart Brandborg was running TWS, there were certainly strategic differences among groups, sure, but this kind of undermining could never have occurred. Back in the 60’s and 70’s TWS understood the need to support, not oppose, the grassroots. But that was a long time ago. Long before TWS saw fit to put Wilderness deconstructionist Bill Cronin on its Board of Directors. Even worse, TWS is now paying former timber lobbyist and Assistant Agriculture Secretary Mark Rey for lobbying services! Rey has a veritable history of radical anti-environmentalism and his lobbying for TWS is like the NAACP hiring the Grand Dragon of the Ku Klux Clan! Yesterday we hard speakers Chris Barnes and Ken Brower eloquently describe this problem in general terms, and suggest that first and foremost we all need to love wilderness. I suggest that we also stop hiring those who don’t!

TWS is not alone at working to undermine the efforts of other conservationists. In my home region, the Greater Yellowstone Coalition (GYC) produced a display at a recent Montana Wilderness Association convention extolling the virtues of broad-scale national forest thinning/logging for nebulous and scientifically incorrect “forest health” reasons. They did this as other groups work to educate the public about the folly of the so-called “forest health” claims made by some in the Forest Service and industry. With friends like GYC, who needs enemies? And a few years ago, MWA betrayed the Central Montana Wildlands Association, a small grassroots group based in Lewistown, Montana. These folks had sued the Forest Service over a travel plan allowing snow-machines in the Big Snowies WSA. But it turns out that MWA had cut a deal with the Montana Snowmobile Association to allow snow-machines in part of the Wilderness Study Area. Then, MWA actually intervened in the lawsuit on behalf of the Forest Service and the snowmobilers, opposing the grassroots effort. You did not hear me wrong.

The Wilderness Society, MWA and GYC have also refused to support a grassroots wilderness proposal for a 545,000 acre Gallatin Range Wilderness in Montana and Wyoming, and in a number of instances that I’d be happy to detail when I’m not on the clock, have intentionally undermined the efforts of a local group, Montanans for Gallatin Wilderness. A GYC representative even told us that their group wouldn’t support any more Wilderness than our Democrat Senator Jon Tester supported. Huh?

TWS and its cohorts seem to forget that our job is to push, pull, cajole, embarrass and encourage the agencies and politicians to support new Wilderness designations and to keep designated Wilderness wild, even when – no, especially when – individual bureaucrats and politicians drag their heels. Our job is not to rubber stamp agency plans or to appease Congressional Democrats. We must challenge public officials whenever their actions diminish or degrade Wilderness!

I could continue, but time is running short. Again, I respect strategic differences within the conservation community but what I’ve described is something entirely different. In the past I’ve counseled fellow conservationists to avoid public criticisms of other conservation groups. I thought we should not air our dirty laundry for all to see. But I’ve changed my mind. The situation has gone too far. When a wheel is broken, ignoring it won’t fix the problem. The Conservation Movement has lost its way. John Muir, Bob Marshall and Howard Zahniser spin in their graves. The malfeasance must end.

I don’t know what the solution is except to say that perhaps it’s time for groups such as TWS, MWA, GYC, The Nature Conservancy (whose chief scientist Peter Kareiva argues that Wilderness has become irrelevant) and maybe some others to simply disband and get out of the way. Of course I know that this won’t happen. I also appreciate that occasionally these outfits do good work. But occasionally doesn’t cut it. Protecting our priceless heritage of both designated Wilderness and potential designated Wilderness Areas is not going to get easier as the already overpopulated United States of America continues to expand its already bloated amount of human biomass. As the U.S. population climbs toward 350 and 400 million Americans, pressures on wilderness are going to increase from every imaginable direction. Continued destructive behavior by so-called conservation groups simply exacerbates an already difficult situation.

In summary, recall that Ed Abbey once wrote that “the idea of wilderness needs no defense, only more defenders”. That’s true today, more than ever. Wilderness is about restraint and humility. It teaches one that we don’t know it all and never will. There is wisdom in the rocks and the trees and the deserts, the prairies and the tundra. Wild habitats speak to us, if we listen. And one thing they tell me is to heed the wisdom of the wilderness movement’s early visionaries. Now is not the time to abandon their ship. Let’s quit playing “Let’s Make A Deal” and other political games and get on with the real job of really defending what remains wild.

I realize that many people will find what I just discussed to be profoundly disturbing. I certainly do. And believe me, I would have much rather discussed what I’ve learned about wilderness on the ground from my 37 years as a wilderness guide. But I also feel strongly that to avoid this difficult discussion would have been neglecting my responsibility both to the Conservation Movement and to the Wilderness itself.

Howie Wolke, Vice President Wilderness Watch
& Co-Owner, Big Wild Adventures
Emigrant, Montana

Howie Wolke co-owns Big Wild Adventures, a wilderness backpack and canoe guide service based in Montana’s Paradise Valley, near Yellowstone National Park. He is an author and longtime wilderness advocate, and is a past president and current board member of Wilderness Watch.

 

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.

Image

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. 

 

The Surgeon’s Strike Against the Wilderness Act
by Jeff Smith

An undercurrent of hostility toward wilderness boiled over in the U.S. House of Representatives when members passed H.R. 4089, the so-called Sportsmen’s Heritage Act, on April 17. The vote was a slam-dunk, 274 to 176, with 39 Democrats joining 235 Republicans to support a bill that green groups, big and small, agree will eviscerate the Wilderness Act.

My colleagues George Nickas and Kevin Proescholdt have written a thorough analysis on how H.R. 4089 would effectively repeal the Wilderness Act. Others have written about how the law undermines other public lands protections.

Now the fight moves to the Senate, where the bill arises as S. 2066 sponsored by Lisa Murkowski of Alaska and a Farm Bill amendment by Jim Risch of Idaho. It’s important to contact your Senators to oppose both bills. Most effective is an email or a letter in your own words. Here is our alert with background information. Please also sign Wilderness Watch’s petition, which is well on its way to 10,000 signatures.

What’s going on here is sad and astonishing. We’re seeing the end of a 50-year consensus that brought into being our environmental infrastructure, the laws, agencies, and regulations that have kept the air and water clean, moved the national forests away from unsustainable harvests, given citizens a voice in natural resources decisions, and created the ultimate benchmark, a Wilderness system loaded with 110 million acres of unparalleled landscapes we hope to leave as a legacy to our progeny.

H.R. 4089 demonstrates how vulnerable Wilderness has become to the whims of the radical fringe within the Beltway increasingly willing to sabotage Wilderness by burying revisionist language in otherwise unrelated legislation.

Let’s take a closer look at how Wilderness Act repeal language found its way into a bill supposedly concerned with hunting and fishing issues.

The chairman of the House Natural Resources Committee, Doc Hastings, a Pasco, Washington Republican, stitched together H.R. 4089 from a handful of separate bills sponsored by grandstanding GOP congressmen and a congresswoman reacting against the possibility that federal agencies or the President might do things they objected to:

  • Following the outcry of the National Rifle Association, Arizona’s Jeff Flake objected to the idea that the Bureau of Land Management (BLM) might shut down recreational shooting in several national monuments in Arizona, a controversy simmering for the last decade. Shooters were killing trees and saguaro cacti, leaving piles of trash, and scaring ranchers whose cattle graze the landscapes. Three BLM officers weren’t able to control the damage and debris in half a million acres of desert. In any event, Congressman Flake’s solution – added to H.R. 4089 – was to require congressional approval for all existing and future shooting restrictions on BLM-managed national monument lands.
  • Florida’s Jeff Miller sponsored a bill he called the Hunting, Fishing and Recreational Shooting Protection Act, objecting to the possibility that the Environmental Protection Agency (EPA) might use the Toxic Substances Control Act to regulate lead in ammunition and fishing tackle. The EPA had twice rejected petitions from conservation and hunting groups to ban lead bullets, shotgun pellets, and fishing tackle. These groups had brought forth data saying lead poisoning was killing millions of birds and animals each year and that hunters who eat wild game show higher lead levels in their bloodstreams. EPA rejected the idea and told petitioners, twice, that this was beyond the agency’s authority. No matter. Miller’s bill became part of H.R. 4089.
  • Alaska’s Don Young wanted an exception to the Endangered Species Act so that 41 American hunters could bring into the U.S. polar bears they had killed in Canada. The dead “trophies” were being held in cold storage in Canada, complicated by the recent addition of polar bears on the endangered species list. Young played up the fact that several of the hunters were wounded Iraq War vets. His provisions became part of H.R. 4089.
  • North Carolina’s Virginia Foxx offered the Preserve Land Freedom for Americans Act to severely limit the President’s ability to set aside historic or culturally important federal lands as national monuments using the 1906 Antiquities Act. Though previous Presidents had used this law 129 times to preserve important landscapes, Foxx didn’t want our current president to be able to do so without each state’s governor and legislature also approving the declaration before the President’s actions would become law. This, too, became part of H.R. 4089.
  • A freshman Member of Congress and retired surgeon from Iron River, Michigan, Dan Benishek wanted to block environmental groups from someday convincing federal agencies to restrict hunting, fishing, and recreational shooting on public lands. His legislation would guarantee “that opportunities are facilitated to engage in fishing and hunting on federal public lands.” In the hearing, Congressman Raul Grijalva pointed out that four of every five acres of federal land are currently available, with more than 95 percent of both BLM and national forest lands – a total of 438 million acres – open for hunting and fishing, but that wasn’t enough. Benishek thought the redundancy was necessary.

Benishek’s bill also contained surgical strikes against the Wilderness Act. Indeed, all the banter about hunting and fishing access was really a Trojan Horse obscuring the real intent behind the law―a thinly veiled attempt to gut the Wilderness Act pushed strongly by the NRA and Safari Club. Hastings adopted the language unchanged into H.R. 4089, and, without much fanfare, the bill passed the House.

With few exceptions, the Wilderness Act prohibits the use of motor vehicles, aircraft, motorboats, other mechanized transport, motorized equipment, and the building of temporary roads, structures or installations. Benishek’s language in H.R. 4089 does away with these restrictions if a person is hunting, fishing, or recreational shooting. In other words, if you’re carrying a gun or fishing rod under Banishek’s provisions, you can drive your ATV or other motorized vehicle into any designated Wilderness. Similarly, an endless array of manipulations and trammeling would be allowed by the House bill: construction of roads, dams, hunting cabins, and much more would be allowed if they could be justified as aiding recreational hunting, fishing, or shooting.

H.R. 4089 hijacks the Wilderness Act’s prime directive. Federal agencies are supposed to measure their decisions by whether they contribute to maintaining the wilderness character of the areas they manage. Banishek’s language would shift wilderness managers’ focus to promoting easier access for hunting, fishing and shooting recreation and to managing wilderness as game farms, where managers could employ virtually any measure to modify natural conditions in order to increase game numbers.

“These [Banishek] provisions strike at the heart of the Wilderness Act and its foundational underpinnings to preserve an untrammeled Wilderness,” Nickas and Proescholdt write in Wilderness Watch’s analysis. The bill “would allow any sort of wildlife habitat manipulation that managers desire to do . . . logging, chaining, roller-chopping, or bulldozing forests and other vegetation to create more forage for deer, elk, or other game species.”

The Congressional Research Service points out that H.R. 4089 would also bar the application of NEPA, meaning an agency could cite H.R. 4089 to weaken wilderness protections and not do the environmental analysis required by NEPA. Citizens’ comments would no longer be welcome if the Senate passes this bill unchanged and the President signs it.

Early in the floor debate, Congressman Hastings stressed that the bill was nothing to worry about, just “an affirmative declaration that Americans’ ability to fish and hunt is not arbitrarily subject to limitations by the whim of federal bureaucrats.” But, by the end of the debate it was clear Congressman Hastings understood precisely the ramifications of Banishek’s wilderness language.

We know this because New Mexico Congressman Martin Heinrich offered an amendment that would have made clear that nothing in H.R. 4089 could be construed “to allow oil and gas development, mining, logging or motorized activity on Federal public land designated or managed as wilderness.” Hastings led the fight to not only defeat the amendment but to insert his own amendment saying the bill’s provisions “are not intended to authorize or facilitate” these destructive uses.

That’s the amnesia defense, like saying you didn’t intentionally rob a bank after you just walked out with all the money. In other words, Hastings understood and approved this stealth attack to eviscerate the Wilderness Act, and Wilderness Watch will do everything we can to stop the bill from becoming law.

Link to George and Kevin’s analysis: www.wildernesswatch.org/pdf/HR%204089%20Analysis–WW.pdf

Link to Wilderness Watch alert and more information: www.wildernesswatch.org/issues/index.html#Repeal

Link to Wilderness Watch petition: www.change.org/petitions/united-states-senate-block-passage-of-the-sportsmen-s-heritage-act-of-2012

Link to Wilderness Watch website: www.wildernesswatch.org

Jeff Smith is Wilderness Watch’s membership and development director.



%d bloggers like this: