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October 2003
Volume 10
Welcome
to the Wilderness Guardian, a monthly online digest dedicated to
providing up-to-date news and information concerning Wilderness
protection and stewardship nationwide. A service of Wilderness Watch,
the Guardian was created to help Wilderness advocates keep abreast
of breaking news, as well as providing contact information to facilitate
public participation.
Interesting Tidbits & Wilderness Quotes:
Quote: "When all the dangerous cliffs are fenced off,
all the trees that might fall on people are cut down,all of the
insects that bite are poisoned... and all of the grizzlies are dead
because they are occasionally dangerous, the wilderness will not
be made safe. Rather, the safety will have destroyed the wilderness."
--R. Yorke Edwards (Canadian environmentalist)
Contents:
Wilderness News Briefs provide short issue summaries and contact
information. Action Alerts are full-length, time-sensitive postings.
Wilderness News Briefs:
1. Wilderness Champion Mardy Murie dies at age 101
2.Good news for the Sylvania Wilderness, MI
3. Wilderness groups seek closure of Rich Mtn. Road, GA
4. Right to Ride Bill would complicate Wilderness management
5. Big Creek Lake Update (Selway-Bitterroot Wilderness, MT)
6. National Wilderness Summit and EXPO - Celebrating the 40th Anniversary
of the Wilderness Act Reflections, Reality, Renewal
Action Alert:
1. Letters needed to protect the Emigrant Wilderness, CA - Just
Say No to Dam Reconstruction!
*Wilderness News Briefs*
1. Wilderness Champion Mardy Murie dies at age 101
From the Murie Center:
Moose, WY. – (October 19, 2003) – Having lived a life
full of adventure and accomplishment, Mardy Murie died today, peacefully,
in her cabin on the Murie Ranch in Moose, Wyoming. She had a passion
for wild places expressed eloquently in her writing, her speeches
and her testimony at hearings. Her steely resolve to protect wilderness
belied her warm and welcoming personality and drew an unending stream
of visitors to her home – conservationists, scientists, school
children and anyone else who wanted to come to talk, to discuss
strategies, to learn.
Read more at: http://www.muriecenter.org/default.htm
2. Good news for the Sylvania Wilderness, MI
Designated in 1987, the Sylvania Wilderness lies near the Wisconsin
– Michigan border. As part of its land management duties the
Forest Service restricted motorized uses on Crooked Lake, a body
of water largely included within the Wilderness boundary. This action
aggravated a group of property owners, who filed several lawsuits
challenging the agency’s authority to restrict motorized use
on the lake. In the most recent lawsuit, Stupak-Thrall v. Glickman,
the plaintiffs argued that congress did not have the authority to
designate Crooked Lake as Wilderness, and that the lake did not
in fact lie within the Wilderness boundary and was therefore exempt
from Forest Service regulation. Though they lost in the district
court, the plaintiffs appealed.
In December 2000, Wilderness Watch, the Wilderness Society, the
Upper Peninsula Environmental Coalition, and a private landowner
filed a Brief of Amici Curiae in support of the Forest Service.
The brief argued that Congress did indeed have the authority to
include Crooked Lake in the Sylvania Wilderness, that ninety-five
percent of the lake does in fact lie within the Wilderness boundary,
and that the Forest Service cannot alter the boundary to exclude
a lake that Congress intended to be Wilderness.
On October 3, 2003, the Sixth Circuit Court of Appeals upheld the
decision of the district court, granting summary judgement to the
defendants and dismissing the action. It is our hope that this decision
will move Crooked Lake one step closer to its natural condition.
3. Wilderness groups seek closure of Rich Mtn. Road, GA
In mid-September, Wilderness Watch and Georgia Forestwatch filed
a complaint in district court challenging the Forest Service’s
failure to address the illegal use of off-road vehicles (ORVs) on
a road bordering the Rich Mountain Wilderness. (See On the Watch,
September 2003 and Wilderness Divided, February 2003) The unregulated
use of ORVs has led to significant damage to the Chattahoochee National
Forest, including stream sedimentation, soil erosion, and the creation
of illegal user trails infringing on the Rich Mountain Wilderness.
Though fully aware of the problem, the Forest Service failed to
either close the road or address the destructive ORV use, claiming
that the county owned the road. In January 2003, the county denied
any claim to the road, therefore freeing the agency to take action
to preserve the Rich Mountain Wilderness – action is has so
far failed to undertake despite numerous visitor complaints.
The complaint filed by Wilderness Watch and Georgia Forestwatch
charges that the Forest Service violated the Wilderness Act, the
National Forest Management Act, and existing Forest Service ORV
Regulations – actions that ultimately led to the degradation
of Rich Mountain’s wilderness character. It petitions the court
to compel the Forest Service to close the Rich Mountain Road and
obliterate and rehabilitate all unauthorized user-created ORV trails
encroaching upon the Wilderness.
4. Right to Ride Bill would complicate Wilderness management
A bill introduced in the House in July (H.R. 2966) would require
all federal land management agencies to facilitate the continued
use and access of pack and saddle stock animals in all areas including
wilderness where there is a historical tradition of such use. The
bill would require that all trails and routes used by packstock
must remain open to such use. Reductions in stock use to prevent
resource damage could only occur after the agency completes a full
environmental analysis. If passed, this bill will make it much more
difficult to rein in high levels of stock use that are currently
causing damage in some wildernesses such as the Lusk Creek Wilderness
in Illinois.
5. Big Creek Lake Update (Selway-Bitterroot Wilderness, MT)
This summer, the Bitterroot National Forest solicited input concerning
a proposal to construct a permanent storage shed to house an aluminum
motorboat, 55 gallon drums and other materials at Big Creek Lake
in Montana’s Selway-Bitterroot Wilderness (SBW). The shed,
motorboat and other materials, which would be transported into the
Wilderness by helicopter, would be used by the Big Creek Lakes Reservoir
Association (BCLRA) for the maintenance of a small concrete irrigation
dam.
The Forest Service failed to determine whether the proposed project
was the minimum necessary for conducting the maintenance of the
small dam. Instead, they accepted the use of motorized equipment
and the installation of a permanent structure as a given and proceeded
from there with the analysis. As Big Creek Lake is only one of 18
lakes in the SBW with irrigation dams, the project sets a dangerous
precedent.
This August, Wilderness Watch galvanized its members and the general
public to comment on the proposed plan. In October, the Forest Service
authorized the BCLRA to construct and maintain an undesignated number
of 3x4 caches and to store and use a rubber raft or folding boat.
In a letter to the BCLRA, the agency also authorized the use of
an outboard motor and the use of a helicopter for transporting materials
to the lake, though these additions were not noted the agency’s
letters to Wilderness Watch and the general public.
6. National Wilderness Summit and EXPO
Celebrating the 40th Anniversary of the Wilderness Act - Reflections,
Reality, Renewal
The National Wilderness Summit and Expo will be held October 1-7,
2004 in Denver, Colorado. Participate in wide-ranging discussions
about the state of wilderness, identify current stewardship and
management challenges, and help shape plans for the future. Wilderness
managers, researchers, advocates, students, users, and businesses
won't want to miss this national event.
The National Wilderness Summit will be held October 4-7, 2004, at
the Colorado Convention Center in Denver. A Wilderness Education
Expo, including special events, demonstrations, exhibits, art, and
music, will be held October 1-3, 2004 at the Colorado Convention
Center and other local venues.
Don't miss your opportunity to participate in this important, high-profile
national event. Mark your calendars now. Visit the Wilderness Information
Network (http://www.wilderness.net/40th)
for more details, and stay tuned for further announcements. See
you there!
Please reply to uswilderness@yahoo.com with questions.
*Action Alerts*
1. Letters needed to protect the Emigrant Wilderness, CA - Just
Say No to Dam Reconstruction!
The Forest Service (FS) has released a Draft Environmental Impact
Statement (DEIS) concerning the future of 18 dams in the Emigrant
Wilderness, CA. Built before the Wilderness was designated in 1975,
the dams were constructed to enhance and develop fisheries in a
series of naturally fishless, high elevation lakes and to sub-irrigate
several meadows for livestock grazing. In 1989, the Stanislaus National
Forest conducted a study of the dams, finding that they alter natural
stream flow and provide little or no benefit to fisheries or recreation.
Despite this finding, the new DEIS seeks to repair and maintain
12 of the dams at the expense of the Wilderness and general public.
Background
The 113,000-acre Emigrant Wilderness lies between Yosemite National
Park and the Carson-Iceberg Wilderness in central California. With
high peaks reaching above 11,000ft and vast granite ridges pocketed
with spectacular alpine lakes, the Emigrant is a classic High Sierra
Wilderness.
Built between 1920 and 1951, the 12 dams are largely constructed
of rock and mortar. Their fate has been a hot topic for nearly 15
years. In 1989, the FS released a Record of Decision to maintain
12 dams, though this was overturned by the Regional Forester after
an appeal by the California Wilderness Coalition. The Regional Forester
initially ordered that the dams be removed within five years –
a decision that was later rescinded under political pressure. In
1998, the Forest Service called for the repair and maintenance of
8 of the 18 dams, though this was also overturned based on an appeal
filed by Wilderness Watch.
The current DEIS provides three alternatives for managing the dams.
Alternative 1, the Forest Service’s proposed action, calls
for the repair and maintenance of 12 dams. Alternative 2 provides
no maintenance for any of the dams, while Alternative 3 provides
maintenance for the 7 dams that are eligible for inclusion in the
National Register of Historic Places. Alternative 2 is the only
alternative that protects the Emigrant’s wilderness character
by allowing the dams to disintegrate in a natural progression that
restores the area’s untrammeled condition.
Key Points
Please take the time to draft a letter to the Forest Service by
October 27 supporting Alternative 2. Below are a few issues you
may wish to address:
1. The 12 dams have no place in Wilderness and should be allowed
to disintegrate naturally. The Wilderness Act defines Wilderness
as an area "in contrast with those areas where man and his
works dominate the landscape…where the earth and its community
of life are untrammeled by man…without permanent improvements
or human habitation." Section 4 (c) of the Act expands this
concept by prohibiting installations, such as the dams in question.
Alternative 2 is the only alternative that meets the requirements
of the Wilderness Act and protects the Emigrant’s wilderness
character.
2. The DEIS fails to present a "minimum requirement"
analysis. The Wilderness Act prohibits permanent structures
in Wilderness unless they are the "minimum required" to
protect the area’s wilderness character. The DEIS fails to
include a "minimum requirement" determination that shows
how maintaining these structures is required to protect the Wilderness.
Such an analysis would make it abundantly clear that these dams
have no place in the Emigrant Wilderness.
3. Maintaining the dams violates Forest Service policy. The
Forest Service Manual directs the removal of all existing structures
that are not essential to the administration, protection, or management
of Wilderness for Wilderness purposes or not provided for in the
establishing legislation (2320.3(4)). The 12 dams were not provided
for in the legislation that designated the Emigrant Wilderness.
In addition, the agency’s own study determined that the dams,
far from being essential to the protection of the Wilderness, are
in fact detrimental.
4. Wilderness is the ultimate historic resource. In 1964,
Congress created the National Wilderness Preservation System to
"assure that an increasing population, accompanied by expanding
settlement and growing mechanization, does not occupy and modify
all areas within the United States…" Faced with ever-increasing
threats, Wilderness is an integral part of our heritage and a invaluable
legacy for future generations. Though some of the dams may qualify
for protection under the National Historic Preservation Act, restoration/preservation
is merely an option, not a requirement. The 7 dams should be documented
as required by law, and then allowed to fade into the landscape.
Your Letters Make a Difference! Please send your comments by
October 27th to:
Stanislaus National Forest
Attn: Emigrant dams
19777 Greenley Road
Sonora, CA 95370
Email: comments-pacificsouthwest-stanislaus@fs.fed.us
(Subject: Emigrant dams)
_____________________________________________________________________________
Since its founding in 1989, Wilderness Watch has pursued its mission
as the citizen voice for Wilderness stewardship, giving a voice
to the wilderness and wild rivers of our national preservation systems.
We seek to preserve our unique natural heritage - the public will
articulated by the Wilderness Act and Wild and Scenic Rivers Act.
To join Wilderness Watch please visit our website at www.wildernesswatch.org.
If you would like to subscribe or unsubscribe from this list, have
any questions, or would like to post a news release, please contact
Hilary Wood at hwood@wildernesswatch.org. If you prefer the post,
please send your letters to:
Wilderness Watch
P.O. Box 9175
Missoula, MT 59807
Ph: (406) 542-2048
Fax: (406) 542-7714
http://www.wildernesswatch.org
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