The Road-RIPorter

Bimonthly Newsletter of the Wildlands Center for Preventing Roads. July/August 1997. Volume 2 # 4

Re-Greening from the removal procedures by pulling up side-casts and re-estab-

lishing the natural slope as much as possible. They remove

Mountain to the Sound culverts, pull all fill material out of creek crossings, and
create rough waterbars along the entire road. The contrac-
tor hauls in hundreds of tons of GroCo and piles it along the
By Doug Schindler road, to be spread by a track hoe that pulls up the side-casts.
Adding seed to the compost enhances germination greatly,

H
due to the warmth and moisture of the compost.
igh in the Cascade
Mountains, east of Seattle, A Successful Volunteer Program
Washington, a new twist is After the heavy equipment work is finished, groups of
youth volunteers spread hay over the disturbed soils, apply
being added to the process of logging seed, further define waterbars, armor all waterways, and
spread more large woody debris. They also may construct a
road decommissioning. This twist trail along the old road bed. On steep slopes, where the
adds biosolids compost to the compost and seed won’t hold, volunteers build terraces to
help hold the materials in place. By summer’s end, the old
compacted, nutrient-deficient soils of road prism and adjoining slopes will be covered by thick,
abandoned roads.
The Mountains to Sound Re-Greening Program is
becoming an international model of organic waste recycling,
forest land revegetation, and youth volunteerism.
The Mountains to Sound Greenway Trust started its Re-
Greening Program in 1995 as part of a larger biosolids
forestry program. It focuses on removing unneeded logging
roads in the corridor along I-90 from the Cascades to Seattle.
Biosolids are the nutrient-rich by-product of municipal
sewage treatment processes. The Greenway Trust has
developed an EPA award-winning program that uses
biosolids to fertilize working forests in the Greenway. Part of
the savings realized to public agencies through this local re-
use of biosolids funds the six year Re-Greening project.
GroCo, the compost used for this program, is a mixture of
2/3 sawdust and 1/3 biosolids which have composted for
over a year. It is a commercial product used by landscapers
and home gardeners throughout the Puget Sound region.
Because many logging roads are devoid of organic knee high grass, holding the soil together until native
matter and nutrients, adding compost provides advantages vegetation fills in. Volunteers return to the site the following
over most other road decommissioning projects. Biosolids spring and plant thousands of trees to blend the road scar
provide most nutrients needed for plant growth, (especially into the surrounding mountainside.
nitrogen) and the compost makes them readily available. These young volunteers are recruited throughout the
These nutrients greatly increase the ability of native plants year by the Greenway for other environmental work
and trees to establish themselves, and the plant roots help projects, and come from groups such as Campfire, YMCA,
hold these loose soils in place. The compost adds large Scout troops, local schools, churches, and even juvenile
amounts of organic matter to the soil, helping to prevent courts. By working on road removal and camping out,
erosion. Organic matter absorbs more water than soil and which many have never done, they develop a sense of
increases pore space in the soil, allowing water to penetrate ownership in the Greenway corridor and are educated on
rather than flow over the surface. This process, in addition the Greenway, the environment, biosolids recycling and the
to enhanced plant re-establishment, has the potential to potential hazards of logging roads.
greatly increase water quality. One of the most exciting partnerships created out of the
The Re-Greening Program hires out heavy equipment Re-Greening Program has been with the King County World
work to local contractors who follow conventional road see “Mountains to Sound” on page 4
 From the Wildlands CPR Office...

The past two months saw the rise and fall of the “Pave the Parks” Rider, the
release of the 1997 “Road to Ruin” report and continuing debate over funding for
Forest Road construction and ISTEA/Symms reauthorization. Everywhere you look, Wildlands
roads are in the news—thanks in part to the good work that many of you are doing to C
Center for
spread the word about the ecological effects of roads, not to mention the economic
and social costs. This issue of The Road-RIPorter includes a wide variety of topics,
P
Preventing
from the cover story about a unique cooperative project for road removal in Wash- R
Roads
ington, to an essay about roads in deserts, to Bibliography Notes on the ecological
impact of roads on wetland hydrology. P.O. Box 7516
Missoula, MT 59807
(406) 543-9551
Thanks and Challenge wildlandsCPR@wildrockies.org
In this Issue www.wildrockies.org/WildCPR
Many thanks to the Cinnabar
Foundation for providing a challenge Mountains to Sound, p. 1
grant supporting our work against Wildlands Center for Preventing
Doug Schindler Roads is a national coalition of
motorized recreation on public lands.
grassroots groups and individuals
This is an even match, so anyone who Odes to Roads, p. 3 working to reverse the severe
sends us a Cinnabar-tagged contribution Daniel Patterson ecological impacts of wildland roads.
will be matched dollar-for-dollar by We seek to protect native ecosystems
Cinnabar. A great way to leverage your and biodiversity by recreating an
Updates, p. 5 interconnected network of roadless
bucks, road-rippers.
public wildlands.
Regional Reports, Alerts, p. 6
We’ve moved! Director
Bethanie Walder
We’ve got some fancy new digs in
Legal Notes, p. 8
Chuck Cottrell Development Director
an old grain elevator up the street from Tom Youngblood-Petersen
our dull former office. We’re still
sharing space with The Ecology Center Bibliography Notes, p. 9 Interns & Volunteers
and several other Missoula environmen- Bethanie Walder Chuck Cottrell, Scott Bagley.
tal organizations, but we’ve all got a lot John Masterson
more room to breathe now, even though Outreach & Resources, p. 10
Newsletter
the aroma of decomposing grain wafts Jim Coefield
through the walls every once in a while.
Address (it’s a PO Box) and phone number remain the same. Next time you’re in Board of Directors
Missoula, stop in at 801B Sherwood, and say hello and update us on your road- Katie Alvord
Kraig Klungness
fighting activities. Sidney Maddock
Rod Mondt
Interested in a job??? Cara Nelson
Mary O'Brien
Tom Skeele
For those of you familiar with our bibliographic database, you know that it is
time for its biennial check-up. This update can occur anywhere with a decent Board of Advisors
library, so if you are interested, give us a call ASAP. It’s a BIG job, we expect it to take Jasper Carlton
6 weeks of full time work, which could be spread out over a 3-month period. We Libby Ellis
Dave Foreman
want it completed by December 1997 at the latest, so we will take inquiries about the Keith Hammer
job through August 15. The basic job requirements are strong organization and Timothy Hermach
computer skills, attention to detail, and access to a library with CD ROM database Marion Hourdequin
searching capabilities. Pay is DOE. Lorin Lindner
Andy Mahler
Robert McConnell
Legal Notes: Stephanie Mills
Reed Noss
The Legal Notes in this issue is an updated summary of cases involving ORVs. It Michael Soulé
Dan Stotter
covers some of the legal aspects discussed in the Road-Ripper’s Guide to Off-Road Steve Trombulak
Vehicles, as well as additional information that was not included in the guide. If you Louisa Willcox
are interested in learning more about fighting ORVs and motorized recreation, please Bill Willers
contact our office. Howie Wolke

2 The Road-RIPorter July/August 1997


Odes to Roads
Desert Musings
By Daniel Patterson
I
magine the power of true silence and a 100-mile view. The
arid landscape in your vision is radical in its beauty. Wild,
blazing, rough & huge. A real desert. Thorns and lizards.
Creosote bush and golden eagles. Riparian wonderlands. A
place where time stands still in the sun. A real-world place
that gives us hope for the planet. As I write this on the fourth
of July, I think of how these deserts must have looked 221
years ago as the USA was first forming as a nation. Roadless,
with jaguars, Mexican gray wolves, desert tortoises, California
condors; a living, balanced concert of native biodiversity. Vast
stands of cryptogamic crusts, living desert topsoils of
cyanobacteria, lichens, mosses, green algae, and microfungi.
Tribes such as the Mojave, Yaqui, Quechan, and Dineh holding
a proud and sustainable
culture in the desert
southwest. Amazingly huge
uncut masses of desert
wilderness, virtually
uninhabitated by humans
and domestic livestock in
1776.
Now it is 1997. I’m
working on desert conserva-
tion in southern California
— a desert home to about
20 million people.
Everyone’s an environmen-
talist with a capitalist
consumer twist. The history
of the American west is one
of desert destruction and
human takeover. The desert
southwest has been under intense exploitation for over 100
years, the native people removed to small reservations.
“Welfare ranchers” run public lands. Off-roaders swarm out of
bulging desert cities. Roads devastate desert habitat.
Unlike bioregions that receive more precipitation, plants
may not return to disturbed desert sites like roads for 50-100
years or more. Soil compaction caused by blading, tires,
treads, hooves, etc., can prevent seed catchment and germina-
tion, therefore leaving even “closed” roads bare and inviting to
desert drivers. A dead strip across the land. One pass of a tire,
livestock stomping, or even a human footprint, will kill
cryptogamic soil crusts. Cryptogams are the foundation of
desert life and protect soils from erosion, aid in water infiltra-
tion and storage, increase soil nutrients, and augment sites for
seed germination. When a road or route is created in the
desert, it will be there for much longer than a human lifetime.
America’s desert ecosystems are being cut to the bone with
roads and development.
The U.S. Bureau of Land Management (BLM), largely
responsible for our desert public lands and resources, has
managed much of the ecosystem into severe degradation.
The Road-RIPorter July/August 1997
After years of bad management, in 1994, the U.S. Fish and
Wildlife Service (USFWS), was forced by activists and the
courts to use the power of the Endangered Species Act (ESA) to
protect and restore the desert tortoise. This is where I came in,
as an independent restoration contractor within the BLM
California Desert District, to develop, implement, and monitor
road closures and route revegetation on desert tortoise critical
habitat. Before I started, I knew BLM’s history of mismanage-
ment of public resources and land, but I was optimistic that
the BLM was finally going to do its job as a land steward. After
all, this was Bruce Babbitt’s Interior Department: “America’s
Conservation Agency.”
I had a clear BLM plan and USFWS opinion from Section 7
of the ESA, mandating road closure as a term and condition for
an ORV “open area.” After a field review, I selected a high-
quality habitat area for 20 miles of road closure. The biologist
and archaeologist agreed with my selection. And perhaps
most significantly, the ORV groups did not protest. They had
already agreed to restoration as mitigation for a new 26,000
acre ORV free play area.
I was involved in an unstoppable road ripping project, or
so I thought. But the pro-ORV Area Manager had no taste for
restoration. He claimed that BLM could not close any roads
(except hillclimbs) until route
designation was complete. But
route designation has been
stalled in the California desert
for almost 20 years. The
longer official designation is
delayed, the more routes are
formed and the greater the
influence of off-road madness.
For three months I argued with
the Area Manager to complete
my job and comply with the
ESA, but he wasn’t going to let
road closures happen in his
Resource area as long as he
could help it.
After much persistence
from some fine and talented
Drawing by Aaron Jones
BLM specialists who really
believe in protecting and restoring public lands, we were
finally able to comply with the opinion to close roads and
begin the process of healing this fragile landscape. Habitat
restoration activities are only the first step in desert recovery.
While road and off-road scars will only truly heal after many
years, reducing the impacts helps protect the survival of
species like the desert tortoise. Fighting to do this within the
agency itself is tiring and expensive, and though this area
manager now considers approving more road closure projects,
many others have yet to be swayed.
Last summer a BLM recreation planner was covertly
working with ORV interests on resurrecting the famously
destructive Barstow to Las Vegas motorcycle race. He had been
in communication for months with ORV organizers before
informing the resources staff. It is no coincidence that his job
and programs are mainly funded by California “green sticker”
funds controlled by ORV activists. My experience inside BLM
showed me the heavy influence off-roaders have on public
lands management. But there are many talented people in the
See “Desert,” Page 7
3
 “Mountains to Sound,” cont.
Conservation Corps, an international program which brings 18
to 24 year olds to the Puget Sound area for over 6 months to
work with local members on conservation projects. Their
program fosters global communication and cooperation as
their members carry new techniques back home, and in many
cases start similar conservation corps. In the future, as the Re-
Greening Program
expands, the World
Conservation Corps
will provide technical
assistance and
volunteer supervi-
sion.
Unique
Partnership
The success of
the Re-Greening
program has been
dependent upon the
expert advice and
involvement of its
many partners.
Technical advice has been provided from the Washington State
Department of Natural Resources, the University of Washing-
ton College of Forest Resources, King County Water Pollution
Control Department, the King County World Conservation
Corps, Sierra Club, and Weyerhaeuser. The roads removed in
the first two years of the program were on Weyerhaeuser lands
earmarked for trade to the Forest Service.
Weyerhaeuser permitted the roads to be removed, donated
the use of machinery to improve roads to the sites, and
provided invaluable assistance planning the removal work and
acquiring of all the permits needed to formally abandon the
roads.
The University of Washington College of Forest Resources
has been involved in biosolids research for decades and has
developed “living” guidelines for using compost in these
extreme conditions to fully realize their benefits. In the first
year of the program, the college conducted studies on the
slope stabilization effects of the work and found concrete data
showing that compost greatly increased stability and plant
establishment in comparison to steep slopes where biosolids
were not applied.
The combination of removing logging roads, youth
volunteering and recycling former waste products has at-
tracted the attention of politicians, the press, and numerous
agency officials. In 1997 the Greenway Trust was awarded a
grant from the EPA to study the benefits of biosolids in road
removals versus more conventional techniques. The Univer-
sity of Washington will study, over the next two years, the
removal of a series of roads known locally as the “Zorro” cuts.
These scars are the most visible in the Greenway corridor and
are highly visible to all who travel along this stretch of I-90
each year.
Doug is the Field Operations Manager for Mountains to Sound
Greenway Trust. A Seattle native, Doug has spent the past four
years with the Greenway, building up its volunteer programs and
establishing the Re-Greening Project. Photos courtesy of the Re-
Greening Program.
4 The Road-RIPorter July/August 1997
Surviving Last
Winter’s Deluge
This last winter (96/97), brought
record amounts of snow and rain to
the Pacific Northwest. After watching
months of news reports of houses
Before... sliding and roads being destroyed by
landslides, volunteers finally returned
to last summer’s sites to see how they
held up to the severe winter. After
clearing out many rockslides from
across the access road, volunteers
found green grass popping up
through the hay, and native vegeta-
tion re-establishing itself. The sites
showed no signs of slides or erosion.
All the terraced hillsides had held and
were bright green. About half of the
trees transplanted from the pull-back
area had survived the winter.
...After
About Mountains to Sound Greenway
The Mountains to Sound Greenway Trust, founded
in 1991, is a partnership of citizens, private landowners,
businesses, public agencies, and local governments
working to protect and enhance the scenic I-90 corridor
from Puget Sound to the east side of the Cascade
Mountains. As the Pacific Northwest booms, the trust
supports efforts to preserve open space, farms, working
forests, historic sites and to create new trails, recreation
and tourism opportunities along the 130 mile long
Mountains to Sound Greenway.
For more information on the Trust or on the Re-
Greening Program, contact:
Mountains to Sound Greenway Trust
506 Second Ave, Suite 1502
Seattle, WA 98104
(206) 382-5565
email, MTSGreenway@tpl.org

Updates
Purchaser Road
Credit Update
The Porter/Kennedy amendment,
proposed by Rep. John Porter (R-IL) and
Rep. Joseph Kennedy (D-MA), to cut
timber road funding in the Interior
Appropriations bill (which funds the
Forest Service) passed the U.S. House of
Representatives on July 10th by a vote of
246-179. This would have been an
amazing victory, if Representative Norm
Dicks (D-WA) hadn’t offered another
amendment (which passed 211-209)
restoring most of the funding. The end
result was a cut of only $5 million from
the road construction/reconstruction
budget and $25 million from the
purchaser road credit program.
The Porter/Kennedy amend-
ment would have directly elimi-
nated subsidies where the Forest
Service builds logging roads and
directly saved the American
taxpayer $40 million a year.
Cutting the purchaser road credit
program, a move already proposed
by the Clinton Administration,
would have saved an additional
$50 million in timber resources
annually. (Remember, the Porter/
Kennedy amendment did NOT
affect the Forest Service road
maintenance budget. The amend-
ment only prevents a taxpayer
subsidy of NEW logging roads.)
We ended up with a basically
insignificant cut in road funding after a
fantastic grassroots campaign made this
one of the hottest issues in Congress.
Newspapers from USA Today to the
Washington Post and the Seattle Times
wrote editorials supporting the Porter/
Kennedy amendment. But the Clinton
Administration weighed in against us
when Sec. of Agriculture Dan Glickman
sent a letter from the administration to
Kennedy saying the Porter/Kennedy
amendment was too extreme. Appar-
ently they forgot about their budget
proposals to do the same thing.
Why the turn-around? We don’t
know right now, but we’ll keep you
posted. The fight isn’t over. Next stop,
the Senate. As we went to press the
Senate was preparing to consider this
issue.
The Road-RIPorter July/August 1997
And thanks to everyone who made
calls on July 8th to their representatives,
the phone lines were ringing all day on
the timber roads issue. We may ask you
to call again when the issue hits the
Senate. Questions? Feel free to give us a
call, or contact the Western Ancient
Forest Campaign in DC at 202/879-3188.
Pave the Parks:
R.S. 2477 Update
The Pave the Parks rider went
through a roller coaster Congressional
run, but in the end we came out on top.
Here’s a brief run-down:
Senator Ted Stevens (R-Alaska) had
attached a rider to S. 672, the appropria-
tions bill carrying emergency flood relief
funds. The Stevens Rider would
Aaron Jones
resurrect portions of a 131-year old
mining law, R.S. 2477, repealed in 1976,
to elevate old right-of-way claims to
construct roads in America’s wilderness,
national parks, wildlife refuges and
backcountry areas.
In early May, by a slim 51-49
margin, the Senate voted to retain the
“Pave the Parks” rider. Because R.S.
2477 required no process for notifying
the government, or other documenta-
tion of roadway claims, few records exist
and spurious claims could easily be
submitted if the Rider became law.
Sen. Stevens changed the original
rider to a watered down commission to
study the statute. Regardless, it was
downhill from there for access advo-
cates.
The political pressure against this
idea was quite strong, thanks to a well
coordinated grassroots campaign by a
coalition of environmental groups, road-
rippers included. The White House
received thousands of calls, and newspa-
pers across the country wrote editorials
against it.
President Clinton vetoed the flood
relief bill and sent it back to Congress to
take out the objectionable riders, (there
were others besides R.S. 2477). Con-
gress did their work, cut out the “Pave
the Parks” commission from the flood
relief bill, and we won the battle.
Kudos to all who called, wrote,
emailed, and generally raised hell.
ALASKA
Whittier Road,
Prince William Sound:
Success - for now!
For over a year, Alaskan
environmental and recreation
organizations have been fighting
the construction of a road to
Whittier, Alaska (see RIPorter v1,
n3, p8). Led by Trustees for
Alaska, co-plaintiffs include the
Alaska Center for the Environment
(ACE), Alaska Wilderness Recre-
ation and Tourism Association
(AWRTA) and Alaska Wildlands
Alliance (AWA). The tiny town of
Whittier sits at the edge of the
College Fjord Port Nellie Juan
Wilderness Study Area in the
Chugach National Forest. Whittier
is inaccessible by car, though
access is available by rail and
water.
Construction was scheduled to start
this summer until the Ninth Circuit
Court granted an injunction pending a
decision regarding the case at the
District Court level. After sitting on the
case for over a year, the District Court
immediately decided against the
plaintiffs the day after the injunction
was granted. Trustees then appealed the
District decision to the Ninth Circuit, and
asked for another injunction. The
injunction was granted and the case was
scheduled to be heard as this issue of
the RIPorter went to press. The case is
based on violations of Section 4(f) of the
Transportation Act (see RIPorter v1, n5,
p14), as well as violations of the NEPA.
We’ll inform you of the Ninth
Circuit ruling when it is available.
5
 Regional Reports and Alerts
NEW MEXICO
Road Proposed through
Petroglyph National Mon.
Senator Pete Domenici, R- N.M.,
has introduced legislation to extend two
roads across Petroglyph National
Monument outside of Albuquerque,
N.M. The Monument was designated to
protect 15,000 ancient Native American
rock etchings. Unfortunately, this side
of Albuquerque is also the city’s fastest
growing area, with many planned roads
and housing developments. The road
extensions through the monument are
part of city planners’ attempts to
accommodate Albuquerque’s westward
sprawl, and to relieve traffic congestion.
Governors from 19 New Mexican
pueblos, representing the All Indian
Pueblo Council, have banded together
in hopes of sending a unified message
to Congress: “Enough is Enough.” Steve
Juanica, council vice chairman, says, “If
the road is made necessary through the
national park, then what will prevent
other forms of encroachment on tribal
homelands?” Juanica says the tribes are
not interested in negotiating with state
representatives on the roads. The All
Indian Pueblo Council’s position has
always been to protect sacred sites
above all, he says. “We honor the intent
of the public officials to do well for
their constituents,” he said. “But public
leaders must also understand our
stance. Enough is enough.”
This desert tortoise was the unfortunate victim of an ORV’s foray into
the desert. Howard Wilshire photo.
6 The Road-RIPorter July/August 1997
CALIFORNIA stop the military destruction of endan-
Fort Irwin to Expand gered species and your public lands.
For more info, contact:
onto Critical Habitat No Public Land for
By Dan Patterson
Ft. Irwin! Coalition
POB 7745
The world’s largest ORV organiza-
San Diego CA 92107
tion, the U.S. Army, is continuing its
mojaveef@envirolink.org
efforts to acquire over 300,000 acres of
public land in the Mojave desert.
Comments are needed:
Located roughly between the town of
Ed Hastey
Barstow CA and Death Valley National
BLM California State Director
Park, Ft. Irwin is a sprawling 650,000
2135 Butano Drive
acre base. Ft. Irwin is extensively used
Sacramento CA 95825
for heavy tank training and battle
916/979.2845
simulations, and the constant military
war-games have reduced the desert to
Bruce Babbitt -
dust.
Secretary of Interior
After a public trouncing of their
Washington DC
plan to expand to the north and east, the
202/208.7351
Army and the Dept. of the Interior are
attempting to craft a “compromise” deal
Ray Bransfield
that would allow a huge southward
USFWS
expansion into the Alvord Mountains
2493 Portola Rd., Suite B
area, an area designated as high quality
Ventura CA 93003
desert tortoise habitat. Reportedly, the
805/644.1766
Army would pay Interior millions, which
would be used to acquire private
Also contact your representative
Catellus (railroad) lands across the
and senators at 202-224-3121.
Mojave National Preserve. USFWS
originally issued a draft jeopardy
opinion (which disallowed the proposal)
on the southward expansion of Ft. Irwin ONTARIO, CANADA
in 1991. Now they have flip-flopped, Temagami Road
offering a no-jeopardy opinion that challenge in Ontario
claims they don’t need to protect all the
west Mojave critical habitat units to
Cross Lake, a fragile lake in the
allow for tortoise recovery.
Temagami Region of Ontario, Canada
Military war-
was scarred by an illegal road in
games, roads, and a
October 1996. This road was built on
fatal respiratory
the heels of a Comprehensive Land Use
disease are major
Plan released in April 1996 that called
threats to desert
for no motorized access to the water’s
tortoises and their
edge (to protect a sensitive trout
habitat. The area
fishery).
south of Ft. Irwin
In June 1996, the Minister of
contains the only
Natural Resources (MNR) and Govern-
undiseased tortoise
ment of Ontario accepted the land use
population in the
management plan and then ignored it a
west Mojave and is an
few months later. The Temagami Lakes
important genetic
Association (TLA), Wildlands League
link to the east
and Sierra Legal Defense Fund (SLDF)
Mojave.
filed suit against the MNR under
Any “deal” will
Canada’s Environmental Bill of Rights.
require congressional
In a rare turn of events, the Ontario
approval. Desert rats
Ministry of Environment and Energy
and wildland lovers
(MOEE) then filed suit against the MNR
should act now to
in April 1997 for violating the Environ-
mental Assessment Act by allowing an
“Desert,” cont.
illegal road built into the Cross Lake
area.
The trial has been delayed for a BLM who want to stop ORV destruction of the desert. We must continue our efforts
second time, and the new trial date is set to reach out to them and support their work. We must keep the pressure on land
for August. The Wildlands League, TLA managers. Babbitt himself said, “Don’t expect us to do the right thing, make us do
and SLDF are asking for the issue to be it.”
resolved by requiring the MNR to ORV interests are well organized and funded, but they are vulnerable. Most
remove the illegal road. people do not like ORVs and the disturbances they cause. To win, we must unite and
For more info, contact the Wild- reach out to potential partners in our common fight to stop the motorized raping of
lands League at 416-971-9453. the public lands. The American west is the scene of this struggle, a desert duel over
“heritage” definitions and the importance of native biological diversity.
The west is an
arid land. To
MINNESOTA defend the west
Boundary Waters Canoe effectively, we
Area Update must remember to
fight for the wild
desert. Each time
On May 22, 1997, Senator Rod we allow a new
Grams (R-MN) and Congressman James road to be bladed,
Oberstar (D-MN) launched another an ORV event to
assault on the Boundary Waters Canoe occur, or a military
Area (BWCA) Wilderness when they war games expan-
introduced bills to significantly increase sion— the desert
motorized uses within the area. This suffers deep and
legislation is similar to a bill they long lasting
introduced in Congress in 1996 that wounds. Do
Clinton threatened to veto. something real to
The new bill contains detrimental Mark Alan Wilson
protect and restore
provisions that go beyond just the truck your favorite desert place. During your wildlands excursions, carry tools and “close”
portage provisions that Clinton opposed. roads in sensitive habitats. Dig 1 meter by 1 meter pits near major intersections with
They include eliminating a 20 year open roads. Use big rocks and dead and downed plant materials (logs, branches) to
phase-out of motorboats in the Seagull block and camouflage the road you’re closing. Monitor the progress and effective-
Lake portion of the Wilderness that was ness and remediate if needed. Often, simple actions may keep vehicles off a
to take effect on Jan 1, 1999. backcountry road, allowing it to revegetate. You’d be surprised how much you can
This bill would have terrible accomplish in just a day. Do it for ‘Cactus Ed’ Abbey. Do it for the native plants and
impacts on the BWCA Wilderness, and animals. Do it for
on the entire National Wilderness your children. Do
Preservation System. We need your help it for the rocks We must keep the pressure on land
opposing this legislation. and spirits. Do it
What you can do: for the sake of
managers. Babbitt himself said,
Contact Grams and Oberstar:
true remoteness “Don’t expect us to do the right thing,
and silence.
Sen. Rod Grams If we do not make us do it.”
Dirkson Senate Building keep up the fight,
Washington D.C. 20510 - the mad motor
202-224-3244 (ph) mobs will continue the slow conversion of our unique and wonderful deserts into
202-228-0956 (fax) true wastelands. And how will these deserts look after the next 221 years? For sure,
email: mail_grams@grams.senate.gov the deserts will have the last word. It remains
to be seen if it is a story of cottonwoods,
Rep. Jim Oberstar tortoises, wilderness, and desert bighorn sheep,
2366 Rayburn House Building or a tale of tamarisk, tumbleweed, ravens, and
Washington D.C. 20515 motorized madness.
202-225-6211 (ph)
202-225-0699 (fax) Daniel Patterson is a road-ripping restora-
email: oberstar@hr.house.gov tion ecologist based in San Diego, California. He
runs Round River Ecological Services (619/
For more information, contact: 222.4691) and works to protect and restore
Friends of the Boundary Waters critical habitat and native ecosystems in the
Wilderness desert southwest. Dan is open for contact from
1313 Fifth St. SE, Suite 329 readers.
Mineapolis, MN 55414 E-mail: dpatterson@envirolink.org
612-379-3835

The Road-RIPorter July/August 1997 7


Legal Notes
Executive Orders
& ORVs
By Chuck Cottrell
Executive Orders 11644 and 11989
On February 8, 1972, President Nixon issued Executive
Order (E.O.) No. 11644, regulating off-road vehicle (ORV) use
on public lands. 42 U.S.C.A. § 4321. The President noted that,
though often used for legitimate purposes, ORV use comes in
“frequent conflict with wise land and resource management
practices, environmental values, and other types of recre-
ational activity.” President Carter amended Nixon’s E.O. in
1977 with E.O. No. 11989, clarifying the purpose of the
original directive. This purpose is “to establish policies and
provide for procedures that will ensure that the use of off-road
vehicles on public lands will be controlled so as to (1) protect
the resources of those lands, (2) promote the safety of all users
of those lands, and (3) minimize conflicts among the various
users of those lands.”
Respective agency heads (defined to include the Secretary
of the Interior) were instructed to promulgate regulations
through which the status of public lands in relation to ORV use
could be determined. In addition to the goal of minimizing
user conflict, the E.O.’s require that the designation of areas
and trails follow these guidelines:
✱ The respective agency head shall ensure adequate opportu-
nity for public participation in the promulgation of such regu-
lations and in the designation of areas and trails under this
section.
Areas and Trails:
✱ Shall be located to minimize damage to soil, watershed, veg-
etation, or other resources of the public lands;
✱ Shall be located to minimize harassment of wildlife or sig-
nificant disruption of wildlife habitats;
✱ Shall be located so as to minimize conflicts… taking into ac-
count noise and other factors;
✱ Shall be located in areas of the National Park System… only
if respective agency head determines that off-road vehicle use
in such locations will not adversely affect their natural, aes-
thetic, or scenic values;
E.O. No. 11989 strengthened the provisions of E.O. No.
11644 by directing land managers to close areas and trails to
ORV use whenever “considerable adverse effects on the soil,
vegetation, wildlife, wildlife habitat, or cultural or historical
resources” is, or will be, caused by their use. Areas and trails
are to remain closed until it is determined that the adverse
effects have been eliminated and measures are in place to
prevent future recurrence. President Carter’s addition also
gave managers the option to adopt a closed-unless-open policy
in their management areas.
Subsequent court rulings have served to clarify and
emphasize some of the provisions of the Executive Orders.
8 The Road-RIPorter July/August 1997
Substantial Adverse Effects-
Sierra Club v. Clark, 756 F.2d 686 (9thCir. 1985)
While neither party contested the fact that Dove Springs
Canyon, located in the California Desert Conservation Area,
had been wiped out by ORV use, the court sided with the
defendant, stating that damage was “substantially unnotice-
able in the WSA as a whole.” Damage to Dove Springs Canyon
therefore did not represent “significant adverse damage”
which would necessitate closure. The court noted that the
Sierra Club’s interpretation of the regulations would result in
total prohibition of ORV use within the Desert Area, “because
it is doubtful that any discrete area could withstand unre-
stricted ORV use without considerable adverse effects.”
In FLPMA, Congress had found ORV use, no matter how
damaging, to be permitted “where appropriate.” 43 U.S.C.A. §
1781(a)(4). Only by allowing ORV use to be evaluated within the
context of the Desert Area as a whole could both mandates be
met. “If there is to be a change it must come by way of
Congressional reconsideration.”
This decision weakens the provisions of E.O. 11989 by
allowing such broad discretion to agencies when determining
what constitutes “considerable adverse effects.”
Minimization of Environmental Impacts
American Motorcycle Assoc. v. Watt, 543 F.Supp. 789 (9th
Cir. 1982)
In this case, the plaintiffs challenged the criteria con-
tained in the California Desert Conservation Desert Plan for
approval of ORV routes. The neutral, interrogative language of
the Plan’s criteria did not explicitly require that an area be
closed if certain conditions were satisfied. The Plan criteria
would have further led to routes being approved if there were
no finding of “considerable adverse impacts.” The court found
this standard to be qualitatively different from the minimiza-
tion criteria mandated by BLM regulations, 43 C.F.R. § 8342.1,
and in the Executive Order.
ORV routes and areas must be designated with an intent
to minimize environmental impacts, not merely to avoid
“considerable adverse impacts.”
User Conflict
NW Motorcycle Assoc. v. USDA, 18 F.3d 1468 (9th Cir.
1994)
The Northwest Motorcycle Association brought suit over
the Forest Service’s decision to close the North Entiat area of
the Wenatchee National Forest to ORV use because of user
conflict. The closure, the Association argued, was illegal
because it was based upon comment from area hikers, not on
the personal experience of any Forest Service personnel.
Comments from hikers should not have been used as a criteria
of the evaluation because they were made by “interested”
persons.
The court responded by stating that it could “envision no
better way to determine the existence of actual past or likely
future conflict between two user groups than to hear from
members of those groups.” This emphasizes the importance
of written public comment to agency officials whenever
conflict is observed pertaining to ORV use, whether it be with
other users, wildlife, or the land.
see “Legal Notes,” page 10
 Bibliography Notes
Bibliography Notes summarizes and highlights some of the
scientific literature in our 6,000 Citation Bibliography on the
ecological effects of roads. We offer bibliography searches to
help activists access important biological research relevant to
roads. We keep copies of most articles cited in Bibliography
Notes in our office library.
Roads & Wetlands
By Bethanie Walder
W
etlands are defined as areas of land with some
what poorly, poorly, or very poorly drained soils.
These areas remain wet for part or all of the year.
Wetlands can occur in almost any geographic area, from
coastal and tidal areas, to riparian areas, and even in high
elevation areas. Because the hydrologic system is a con-
tinuum, any impacts to one part will also impact the contigu-
ous parts. Roads built through wetland ecosystems often have
severe impacts (Adamus and Stockwell 1983, McCleese and
Whiteside 1977, Winter 1988). In addition to direct hydrologic
impacts, roads cause significant indirect effects by altering
vegetation, which changes available habitat for wildlife,
especially migratory birds.
Wetland function is driven by forces such as solar energy,
wind and hydrologic forces (including tides, gradient currents,
run-off and groundwater). Roads interrupt these driving
forces, altering wetland hydrology (Adamus and Stockwell
1983). Basic research on roads and wetlands has found the
following road-related wetland impacts:
✱ concentrating and accelerating sediment runoff (particularly
from construction); (Adamus and Stockwell 1983; Zeedyk
1996);
✱ fill— including associated alteration of circulation and move-
ments of fish and wildlife; (Adamus and Stockwell 1983);
✱ channel straightening, deepening and widening; (Adamus and
Stockwell 1983; Zeedyk 1996);
✱ water level increases or decreases, (most result from inad-
equate culverting, water table disturbance, or accelerated run-
off); (Adamus and Stockwell 1983; Zeedyk 1996);
✱ constraining and diverting surface and subsurface flows;
(Zeedyk 1996);
✱ intercepting groundwater flow; (Zeedyk 1996);
✱ increasing sediment loading; (Zeedyk 1996);
✱ clearing vegetation and conversion to barren road surfaces
and facilities; (Adamus and Stockwell 1983; Zeedyk 1996);
✱ reducing habitat or displacing wildlife; (Adamus and Stockwell
1983; Zeedyk 1996);
✱ introduction of toxic runoff; (Adamus and Stockwell 1983;
Zeedyk 1996).
Even when culverts are properly installed, roads don’t
allow normal water flow either above or below ground. Roads
act as dams, altering or blocking water flow from one side of
The Road-RIPorter July/August 1997
the road to the other (Winter 1988). This can result in flooding
on one side of the road and drying out on the other, altering
vegetation and associated species. Roads also can cause subtle
changes to hydrologic flow that appear only in extreme
conditions. For example, roads can reduce nutrient transport
during infrequent (25 year) storm events. Such storms may
indirectly be critical to the continued productivity of down-
stream fishery food chains (Adamus and Stockwell 1983).
Though roads can cause inadequate drainage in some
instances, they can also cause problems through excessive
drainage (by constructing drains and channels too deeply, for
example), leading to a drying out of the wetland. This can lead
to indirect effects such as fire hazards on organic soils, or
altered vegetation composition (McCleese and Whiteside
Kraig Klugness
1977). Drier vegetation conditions will favor upland plants
over wetland plants, which once established, often take over,
even if normal flooding regimes return (McCleese and
Whiteside 1977, Thibodeau and Nickerson 1985, Zeedyk
1996). This is significant because short-term alterations of
flood cycles can have substantial and long-lasting effects on
wetland vegetation (Thibodeau and Nickerson 1985).
Roads affect groundwater and “recharge wetlands”
(wetlands which help recharge local groundwater systems) by
decreasing water availability through storm sewering (Winter
1988) and reducing groundwater recharge (Zeedyk 1996). In
addition to alterations in hydrologic function, water quality is
impaired by roads and road run-off. Nutrients, chlorides,
heavy metals and organic chemicals enter groundwater from
road run-off (Ehrenfield and Schneider 1991). According to
one study, focused on suburban development in the Jersey
pine barrens, “engineering features located within or near the
study sites, including dams, drainage ditches and channelized
streams, had a greater impact on the hydrology of the wet-
lands than did the presence of roads, septic systems or storm
sewers” (Ehrenfield and Schneider 1991). Clearly, a dam will
have a stronger impact than a road, but road impacts are
significant, nonetheless.
Few studies focus specifically on the direct impacts of
roads on wetland hydrology, partly because it is understood
that introducing a solid structure into a fluid system will
see “Bibliography” on page 11
9
 Outreach and Resources
The Ecological Effects
of Roads:
Implications for Conservation -A Report from Victoria
by Marion Hourdequin
Conservation biology is a mission-oriented discipline
aiming to protect biodiversity and maintain ecological and
evolutionary processes. To be effective, conservation biology
needs to inform societal decisions, and conservation biologists
need to share their science with activists and policy makers.
On June 8, Wildlands CPR helped sponsor a symposium
entitled “The Ecological Effects of Roads: Implications for
Conservation Planning.” The session was part of the 1997
meeting of the Society for Conservation Biology (SCB) and
helped strengthen the link between science and conservation
on the ground. Over 100 people attended the symposium,
ranging from scientists to activists and teachers to Forest
Service personnel.
The symposium speakers covered a wide range of topics,
giving both a broad overview of ecological research on roads
and providing in-depth case studies focused on particular
species. Steve Trombulak of Middlebury College discussed the
terrestrial effects of roads, while Chris Frissell of University of
Montana emphasized how roads alter hydrological processes,
increase sediment in streams, and impact habitat quality for
fish. Graham Forbes, Martin Jalkowsky and Paul Paquet spoke
about how roads affect black bears, mountain lions and wolves
throughout Canada. Although much of the symposium
focused on how roads disrupt ecosystems, Terry Spreiter of
Redwood National and State Parks described how road removal
can restore both terrestrial communities and watershed
integrity.
All in all, the symposium provided an excellent review of
road-related research. However, because the symposium itself
offered little opportunity for informal conversation among
scientists, activists and land managers, about 16 of us met after
the symposium to discuss roads and conservation. The
participants included university faculty, activists, independent
scientists and consultants. The group agreed that there is a
need to disseminate better the science relating to roads, and to
develop creative approaches to challenge the general societal
perception of roads as an unqualified “good.”
As a follow-up to the SCB meeting, Wildlands CPR hopes
to support publication of the symposium proceedings in the
journal Conservation Biology. Publication of key peer-reviewed
papers relating to roads and their ecological effects would
provide an excellent resource for scientists, activists, land
managers and policy makers, would stimulate dialogue about
roads, and would bring us further along the path to road
closure and ecological restoration.
Marion Hourdequin is on the Wildlands CPR Advisory Board
and was formerly WCPR co-director.
10
Road-Ripping Action on
the Gallatin NF
The Gallatin National Forest has been doing a fair bit of
road removal and revegetation to get their road densities in
compliance with grizzly bear standards, thanks in part to road
inventories undertaken by Predator Project’s Roads Scholar
Project. They are now removing roads for watershed rehabili-
tation in some land acquired in a land-exchange, and they
want us to help them out! The Gallatin has requested volun-
teers to help with revegetation work on about 3 miles of road
that seriously impact water quality near the headwaters of
Cache Creek. They will remove 12 culverts and recontour the
slopes while we are in the field.
It’s a spectacular site near Yellowstone National Park. It is
prime grizzly bear habitat and is near the boundary of the Lee
Metcalf Wilder-
ness. The project
will take 2-3 days
and it is limited to MT
8 people. Inter-
ested? Contact us
ASAP. We’ll be
camping out on
the site, and our
work mostly will
be seeding native
grasses, transplant-
ing of other native
plants and WY
instream stabiliza-
tion work. ID
This is an
opportunity to
help restore a
road, and to work
with the Forest Service on improving their road removal
program. They are interested in our knowledge of the best
ways to restore areas, and it is an opportunity to get some
great hands-on experience. We are scheduling the project for
Friday/Saturday Aug 15-16, though this date is a bit weather
dependent. We can provide transportation from Missoula and
Bozeman on Aug. 14. We’ll be camping out at the site starting
on the 14th. Because the heavy equipment part of this project
is dependent on weather conditions, the culvert removal and
recontouring may be completed before we go into the field,
though we hope they occur at the same time.
“Legal Notes,” cont.
Conclusion
Executive Order No. 11644, as amended by Executive
Order No. 11989, clearly provides the strongest handle we
have on the problem of ORV use on public lands. While the
prevention of the destruction of natural areas and the preser-
vation of biological diversity is the most important reason for
removing ORV’s from public lands, perhaps the best strategy
for effecting their removal is to focus on human issues,
particularly when documentation of widespread ecological
effects is lacking. Conflicts between user groups, personal
injuries, accident liabilities, and enforcement problems must
be reported in writing to the responsible agency officials.
The Road-RIPorter July/August 1997
 “Bibliography,” cont.
completely change the function of that system. Many
available studies have focused instead on mitigating the
impacts of roads on wetland hydrology, by utilizing the
least-impacting placement and design techniques. In
addition, a variety of studies focus on indirect effects such
as vegetation changes and habitat availability. Of the
studies highlighted above, three would prove most effective
to road activists in terms of both understanding wetland
function and the impacts of roads and road construction:
Adamus and Stockwell 1983, Winter 1988, and Zeedyk
1996.
Bibliography
Adamus, Paul R. and L.T. Stockwell. 1983. A Method for
Wetland Functional Assessment. U.S. Dept. of Transpor-
tation. Federal Highway Administration. FHWA-IP-82-23.
Washington, DC.
Darnell, Rezneat M. 1977. “Overview of major development
impacts on wetlands”. In: Montanari, J.H. and J.A. Kesler;
Co-chairs, Proceedings of the National Wetland Protec-
tion Symposium. Biological Services Program, FWSS/OBS-
78/97.
Ehrenfeld, Joan G. and John P. Schneider. 1991. Chamaecyparis
thyoides, wetlands and suburbanization: effects on hydrol-
ogy, water quality and plant community composition.
Journal of Applied Ecology (1991) 28, 467-490.
McLeese, R.L. and Whiteside, E.P. 1977. Ecological effects of
highway construction upon Michigan woodlots and wet-
lands: soil relationships. Journal of Environmental Qual-
ity. v6 n4, 476-471.
Thibodeau, Francis R. and Norton H. Nickerson 1985.
Changes in a wetland plant association induced by im-
poundment and draining. Biological Conservation 33
(1985) 269-279.
Winter, Thomas C. 1988. A conceptual framework for assess-
ing cumulative impacts on the hydrology of nontidal wet-
lands. Environmental Management. v12, n5, 605-620.
Zeedyk, William D. 1996. Managing Roads for Wet Meadow
Ecosystem Recovery. USDA Forest Service, Southwestern
Region, USDOT. FHWA-FLP-96-016. Washington, DC.
Join Wildlands CPR Today!
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The Road-RIPorter July/August 1997
Join Wildlands CPR Today!
Membership benefits both you and Wildlands CPR. You
lend your support to our efforts, giving us more leverage in sub-
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Road-Ripper's Guide to the National Forests ($4, $7 non-mem-
bers) —By Keith Hammer. How-to procedures for getting
roads closed and revegetated, descriptions of environmen-
tal laws, road density standards & Forest Service road poli-
cies.
Road-Ripper's Guide to the National Parks ($4, $7 non-mem-
bers) —By David Bahr & Aron Yarmo. Provides background
on the National Park System and its use of roads, and out-
lines how activists can get involved in NPS planning.
Road-Ripper's Guide to Off-Road Vehicles ($4, $7 non-mem-
bers) —By Dan Wright. A comprehensive guide to reducing
the use and abuse of ORVs on public lands. Includes an ex-
tensive bibliography.
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Dan Stotter. Provides an overview of road-related land and
resource laws, and detailed discussions for participating in
BLM decision-making processes.
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There always will be plenty of roads;

there may never be enough wilderness.
—Howie Wolke