In
a victory for Wilderness, federal Magistrate Richard Anderson rejected
plans to build nearly nine miles of road in the Absaroka-Beartooth
Wilderness in southwest Montana. The request for the 20-foot-wide
gravel road came from the Absaroka Trust, a trust established by California
land developer-turned Montana resident James Sievers. Sievers wanted
the road built, at tax payers expense, to access 124 acres of
old mining claims he purchased in 1991, thirteen years after the Absaroka-Beartooth
became a designated Wilderness.
Sievers
brought suit after the Forest Service denied his request to have
the road built. Wilderness Watch, along with four other conservation
organizations represented by the Earth Justice Legal Defense Fund,
intervened in the case on the side of the Forest Service. In upholding
the Forest Services decision, the Magistrate held that while
the Wilderness Act discourages motorized equipment and roads in
Wilderness, Congress guaranteed adequate access to property located
within designated areas. Faced with seemingly conflicting mandates,
the Forest Service is required to research historical modes of access
on similar tracts of land, while determining which modes of access
would have the least impact on the areas wilderness character.
The Magistrate was clear that in making its determination, the Forest
Service must remember that the preservation of Wilderness predominates
over other values.
The
Magistrate found that the Forest Service fulfilled these duties
in its initial review of the project. In their review, the Forest
Service found that access to other mining claims in the area had
always been accomplished on foot or on horseback, with the occasional
use of a helicopter. No new roads had been constructed since the
area was designated in 1978. Furthermore, a nation-wide review of
inholdings for which motorized access has been approved found that
the roads in the Wilderness were pre-existing, not waiting to be
constructed.
"This is an important decision that should have impacts way
beyond the Absaroka-Beartooth Wilderness," states George Nickas,
Executive Director of Wilderness Watch. "The law does not require
destruction of the publics land every time somebody buys property
within Wilderness and wants to drive to it. This ruling shows that
managers can and should say, no. Protecting Wilderness
comes first."
Another
important aspect of the ruling concerned the interplay between the
Wilderness Act and the Alaska National Interest Lands and Conservation
Act (ANILCA). Signed into law in 1980, ANILCA created 56 million
acres of Wilderness in Alaska and outlined special management guidelines
for the agencies. In the current case, Sievers charged that ANILCA
required the Forest Service to allow motorized access for inholders.
The Magistrate rejected this claim, stating that ANILCA does not
amend or weaken the protections of the Wilderness Act
Bordering
Wyoming and Yellowstone National Park, the Absaroka-Beartooth Wilderness
comprises 943,626 acres of alpine lakes, dense forest and rugged
mountains including Granite Peak, the highest point in Montana.
The road proposed by Sievers would tear through untracked country,
with an expected price tag for taxpayers lying somewhere between
$150,000 and $1.7 million. Sievers, who is busy building cabins
and trails on the property, complains that access by foot and horseback
is inconvenient, while helicopter access is too expensive. Not surprisingly,
this complaint received little sympathy from the Magistrate, who
held that while Congress guaranteed adequate access to inholdings,
it did not require that the permitted method of access be the most
economical option.
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