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A Monumental Challenge:
By Lisa Philipps
Managing ORVs in Our
Newest National Monuments
Inside…
A Monumental Challenge,
by Lisa Philipps. Page 3-6
Regional Reports, Page 7
Policy Primer: Recreational Trails Program,
by Maureen Hartman. Page 8-9
Legal Notes: Categorically Excluded,
by Derek Goldman. Page 10-11
Depaving the Way: The Newest Threat,
by Bethanie Walder. Page 12-13
Get with the Program: ORV and Roads Program
Updates. Page 14-15
Odes to Roads: A Reasoned Rant,
by David Petersen. Page 16-17
Biblio Notes: Helicopter Impacts on Wildlife
by Emily Yeomans. Page 18-20
Activist Spotlight: Sally Grimes. Page 21
Around the Office & New Resources. Page 22
The Presidential Proclamations establishing our newest National Monuments started — but didn’t
finish — the job of protecting these national treasures. Paria River canyon in the Vermillion
Check out our website at: Cliffs National Monument. Photo by Lisa Philipps.
www.wildlandscpr.org
— See article on page 3 —
Wildlands
C
Center for
P
Preventing
R
Roads
Main Office
P.O. Box 7516
Missoula, MT 59807
While President Bush basks in the glow of bombs falling on Afghanistan, he contin- (406) 543-9551
ues to undercut, overturn and subvert hard-won environmental protections instituted WildlandsCPR@wildlandscpr.org
before his rule. And significantly, it seems that Bush is acting against the will of the www.wildlandscpr.org
American people. On two issues of particular concern, motorized recreation in the
Colorado Office — Jacob Smith
National Parks and roadless area protection, Bush has been nothing but atrocious. But PO Box 1365
by the time this newsletter lands in your mailbox, two new bills should have been Paonia, CO 81428
introduced in Congress to bring some power back to the people. First is a bill to imple- prebles@indra.net
ment the roadless policy. Second is a bill to implement the Yellowstone snowmobile
ban. Both are policies that were adopted by agencies under the Clinton Administration Wildlands Center for Preventing Roads works to
after years of public comment and scientific review, and then almost immediately protect and restore wildland ecosystems by
circumvented and effectively overturned by Bush. preventing and removing roads and limiting
motorized recreation. We are a national
In both cases, Bush reopened a completed process for further study and review. In clearinghouse and network, providing citizens
both cases, the process had been ongoing for at least three years and the agencies had with tools and strategies to fight road
given the public extensive opportunity to comment. And the public had responded.
construction, deter motorized recreation, and
Over one million people commented on the roadless rule - many requesting even
stronger protection than what the Forest Service was proposing. Over 65,000 people
promote road removal and revegetation.
commented on the proposal to phase out snowmobiles in Yellowstone National Park. In
Director
both cases, an overwhelming majority supported the agencies’ proposals - proposals Bethanie Walder
that were grounded in sound science and the mission of the agencies to protect the
land. Development Director
Tom Petersen
By restarting these processes and asking for public comment again, Bush
ORV Policy Coordinators
disempowered the people who had already responded. But people commented again,
Jacob Smith, Tom Platt
pouring another million responses into the Forest Service’s mailbox, and they still
supported roadless protection by over 90%. (The latest Yellowstone comment period Roads Policy Coordinator
was closed as this issue went to press.) With no forward movement from Bush, Con- Marnie Criley
gress took over and introduced a bill to codify the roadless rule - the bill had 180
original cosponsors! Similarly, Congress will introduce a bill to enact the snowmobile Science Coordinator
ban. Legislative action is challenging (and even if these bills were to pass, it’s unlikely Adam Switalski
Bush would sign them), but it can re-invigorate the public and provide a real outlet for NTWC Grassroots
public sentiment - rather than continually sending letters to agencies who are barred
Coordinator
from listening by their commander-in-chief.
Lisa Philipps
Program Associate
Jennifer Barry
Newsletter
Dan Funsch & Jim Coefield
Interns & Volunteers
Derek Goldman, Allison Hanks, Leslie Hannay,
Brooke Hughes
Board of Directors
Katie Alvord, Karen Wood DiBari, Dave Havlick,
Greg Munther, Cara Nelson, Mary O'Brien,
Dan Stotter, Ted Zukoski
Advisory Committee
Jasper Carlton, Dave Foreman,
Keith Hammer, Timothy Hermach,
Marion Hourdequin, Kraig Klungness, Lorin
Lindner, Andy Mahler, Robert McConnell,
Stephanie Mills, Reed Noss,
Michael Soulé, Steve Trombulak, Louisa
Willcox, Bill Willers, Howie Wolke
Photo by John McCullah. © 2002 Wildlands CPR
“I believe there are certain places humankind simply cannot improve upon - The Antiquities Act and the National
places whose beauty and interest no photograph could capture, places you simply
have to see for yourself. We must use this time of unparalleled prosperity to ensure Monument Fairness Act
people will always be able to see
these places as we see them today.” The Antiquities Act of 1906 declares:
— President William Jefferson Clinton “The President of the United States is authorized in his
discretion, to declare by public proclamation historic
I
had unpacked my gear and was starting to unroll my tent when I landmarks, historic and prehistoric structures, and other
paused to listen to what sounded like a solo clarinet, or no...it was objects of historic or scientific interest that are situated upon
deeper, more like an oboe. I looked around for the source of this the lands owned or controlled by the United States to be
private musical serenade. This was hardly the environment for some National Monuments, and may reserve as a part there of
parcels of land, the limits of which in all cases shall be
lone musician to be practicing his woodwinds. Saguaro cactus
confined to the smallest area compatible with proper care
reached their gangly arms and legs to a cloudless sky, the tangled and management of the objects to be protected.”
branches of gnarled ironwood trees embraced pairs of desert spar-
rows, as they awaited cool night breezes. Everywhere I looked was Between 1906 and 2001, 14 US Presidents have
the quiet beauty of the desert at dusk. Here was a stillness, a peace, a used the Act to proclaim 118 National Monuments.
stark contrast to the urban cities of Phoenix and Tempe less than 50 The only three who did not use it were Presidents
miles away. I was embraced by the statuesque saguaro cacti that Nixon, Reagan and George H. W. Bush. Monuments
reach to heights of 30 feet and more. As I wandered the sands through range in size from 1 acre (Fort Matanzas, Florida)
these gentle giants of the desert, I felt a quiet ancient presence to 10,600,000 acres (Yukon Flats, Alaska), and many
relatively untouched by humans. But who was teasing my senses with National Parks were initially protected as monu-
that music? It got louder as I got closer to one especially large, ments, including the Grand Canyon.
wrinkled, many-limbed, saguaro. This giant showed his age with many President Clinton established many of the
animal holes and twisted limbs. Looking closer, I noticed the saguaro nation’s newest National Monuments by Presiden-
was almost entirely hollowed out. I had found my mystery magician. tial proclamation, and almost all were designated
The slight breeze had turned the cactus into a natural desert flute! on Bureau of Land Management (BLM) lands.
Laughing to myself, I knew I had witnessed first hand what few people These new monuments have raised the ire of the
have the opportunity to experience in our hectic modern world. I was Bush Administration, which is calling for less land
in a treasured place, I was in one of America’s newest national protection, not more. Recent designations have
monuments, Ironwood National Monument, Arizona. also infuriated western Republicans in Congress,
who claim that they “lock up” millions of acres of
land and ignore local sentiment.
In an effort to limit the President’s discretion
to protect land, the House Resources Committee on
March 20, 2002 approved H.R. 2114, the National
Monument Fairness Act. This bill amends the
Antiquities Act of 1906 to require the President to
solicit public comment and consult with a state’s
governor and congressional delegation at least 60
days before creating any National Monument.
However, it still would not require Congressional
approval. This measure is a solution in search of a
problem — all of the new monuments were desig-
nated on land already under federal management.
The bill has not yet been discussed on the House
floor and no companion has been introduced in the
Senate. Nonetheless, activists are watching to
ensure the bill does not advance.
A stately saguaro cactus in the new Ironwood National Monument. Photo by Lisa
Philipps. — continued on next page —
Management Planning
On April 24, 2002 the Department of Interior
launched planning periods for 11 of the nation’s
newest National Monuments (see sidebar on page
13). Advisory councils are being established for
many monuments including Carrizo Plain National
Monument in California, and Canyons of the
Ancients in Colorado. Conservationists are
working to ensure that the public participates in
adopting management plans and that public
concerns are not overshadowed by special
interests such as oil and gas developers.
As part of the planning process, the Depart- Utah’s Governor Leavitt has proposed National Monument status for
ment of Interior is looking at re-designating some part of the San Rafael Swell. Photo by Cole Trusty.
of the new monument boundaries to address
resource extraction and motorized recreation. In
no instance does the Interior Department seem Further, by stating that motorized use must occur only on roads, it is
interested in expanding protections, only in consistent with the goals of the Natural Trails and Waters Coalition
limiting them, from reducing the acreages within (which includes Wildlands CPR). The new National Monuments
the boundaries, to promoting continued oil and could become a model for effective off-road vehicle management on
gas development. Key among the threats however, public lands, but only if the BLM analyzes the road system and
is the issue of off-road vehicle recreation. designates (through an open and environmentally appropriate
process) which roads, routes or trails ORVs can travel on, while
Off Road Vehicles in the New prohibiting vehicles from all others.
As part of the planning process, each monument will conduct a
Monuments full inventory of transportation facilities on the ground. While it is
important to understand where unauthorized routes are causing
President Clinton proclaimed the new monu- damage, it is equally critical that these user-created routes not be
ments to “ensure people will always be able to see considered part of the road system. Only those travel ways that
these places as we see them today.” However, meet the definition of a road, serve a purpose authorized by procla-
several of them are already suffering impacts that mation, and are analyzed through NEPA should be included in the
are not consistent with that proclamation; almost road system. The discretionary maps will be the basis for travel
all are being damaged by off-road vehicles. Damage management in the full management plans. The following monu-
can be significant in sensitive desert washes, ments provide examples of the challenges and opportunities facing
which are vital wildlife habitat in the arid west. conservationists as they push to create models of good, rather than
For example, in the Ironwood Forest Monument in bad, motorized management.
Arizona the BLM found that off-road vehicle use in
washes “degrades habitat for desert tortoise, Specific Challenges in the New Monuments
pygmy owls as well as a host of other species...
The effects, [of wash running] (soil compaction,
erosion, vegetation destruction, disturbance,
Cascade-Siskiyou (Oregon)
accidental death, deliberate poaching), are The southern portion of the monument is bisected by the
immediate and long-lasting.” Schoheim Jeep Trail (See RIPorter 5.4). The Soda Mountain Wilder-
The proclamations that established most of ness Council describes the Trail as “a long and ugly scar that was
the new monuments recognize the threats posed bulldozed from Pilot Rock to Agate Flat.” It dumps sediment into
by unlimited off-road vehicle use. They prohibit clear streams, disrupts the natural hydrology of the region and,
motorized and mechanized vehicular use off roads before monument designation, was subject to chronic off road
except for emergency and administrative pur- vehicle abuse. While the designation closes the Schoheim trail,
poses, providing an excellent opportunity for illegal trespass still continues.
public lands activists. The monuments’ language,
if implemented, provides the basis for an effective Santa Rosa/San Jacinto (California)
The monument was created by an Act of Congress in 2000, and is
ban on cross-country travel by off-road vehicles.
located within the vast California desert ecosystem,
which already suffers from tremendous off-road
abuse in places like Algodones Dunes. The BLM
Several of the new monuments are already does not have enough law enforcement personnel in
suffering impacts that are not consistent the monument to prevent illegal off-road vehicle use
with (the President’s) proclamation; almost all in areas that have been closed protect wildlife,
plants and other natural resources. In fact, activists
are being damaged by off-road vehicles. have observed illegal dirt bike and ATV use within
sight of the BLM field office.
What does the program say about — Maureen Hartman is a graduate student in
environmental compliance? Environmental Studies at the University of Montana.
The US Forest Service recently proposed a quired....” [40 CFR §1508.4]. This regulation was
significant revision to Chapter 30 of the Environ- created to reduce unnecessary delay in undertak-
mental Policy and Procedures Handbook - the ing routine activities, such as painting a govern-
agency’s rules for implementing the National ment building, or mowing a lawn. However, this
Environmental Policy Act (NEPA) [FSH 1909.15]. section also provides for extraordinary circum-
The revision, called an interim directive, would stances, when a “normally excluded action may
allow the agency to utilize a broader application of have a significant environmental effect.” In these
the categorical exclusion (CE) to avoid preparing situations, the agency must conduct an EA to
an Environmental Assessment (EA) for certain determine the significance of any environmental
projects. Its most dangerous aspect would permit impact. There are currently a minimum of seven
an agency official to invoke a CE even when extraordinary circumstances defined by the USFS,
extraordinary circumstances are present. You can such as the presence of steep slopes, inventoried
view the full text of the agency’s Notice of Pro- roadless areas, and threatened or endangered
posed Interim Directive in the Federal Register at species [1909.15 §30.3(2)].
66 FR 48412-48416.
Implications of the Interim Directive
NEPA Background Under the proposed redefinition of extraordi-
Under NEPA, Congress charged the Council on nary circumstances [§30.3 and §30.5], an agency
Environmental Quality (CEQ) with the task of official could decide that no significant environ-
promulgating rules and regulations to implement mental effect would result from a planned project,
the act. The Forest Service, and all other federal even if a condition currently defined as an extraor-
agencies, must follow these regulations and draft dinary circumstance exists. The official could
their own NEPA guidelines consistent with them. subsequently issue a CE, in essence making a
As part of their work, the CEQ defined a categori- significance determination without completing an
cal exclusion as, “a category of actions which do EA and Finding of No Significant Impact (FONSI).
not individually or cumulatively have a significant Since NEPA was intended to establish a process for
effect on the human environment... and for which, determining significance, this seems to contradict
therefore, neither an environmental assessment the intent of Congress. Furthermore, issuing CEs
nor an environmental impact statement is re- on a case-by-case basis is an oxymoron, since CEs
are “categories of actions” by definition [40 CFR
§1508.4].
How much would you pay for a day on the river? Photo by Bill
Cunningham.
First, the Roads Program would like to welcome Economic benefits of road removal
Adam Switalski as Wildlands CPR’s new Science Decision-makers and land management agencies are finally
Coordinator. With the addition of Adam, the Roads recognizing the need to restore National Forests, but so much of the
Program looks to further diversify its work. While current conversation is focused on thinning and fuels reduction that
Adam will focus on our scientific understanding of the ecological and economic benefits of a comprehensive road
road removal, Marnie will continue to work on removal program have been largely ignored.
socio-economic issues as a way to build a broader Investing in ecologically sound road removal and restoration
constituency for road removal. As part of this work, holds significant potential for rural communities, the broader timber
we will commission an economic study of the dependent workforce and society as a whole. Road removal can
benefits of road removal. provide long-term quality employment to residents of rural communi-
ties. A study by the University of Oregon’s Ecosystem Workforce
Economic Study of Road Removal Program shows that road related jobs tend to have a more local
Wildlands CPR is accepting proposals for a workforce than other forms of ecosystem management work. Jobs
study to explore the job creation and other eco- created through road removal could also avoid the inherent conflicts
nomic benefits of ecologically-sound road removal that have plagued many communities focusing on commercial
on National Forests (NF). We recognize that road resource extraction as a means to create local jobs.
closure statistics are unknown and the economic
benefits and non-market impacts of road removal Study Goals
vary between regions. However, we believe this The goals of the study are to:
study, combined with other region-specific studies, 1. Demonstrate and quantify the market and non-market eco-
could be extremely beneficial in promoting road nomic costs and benefits associated with road removal and restora-
removal as a key component of forest restoration. tion.
2. Provide the basis for a credible “blueprint” for the economic
Background transition of rural communities by reprioritizing Forest Service
There are over 400,000 miles of roads on NF budgets to pursue ecologically sound forest restoration through road
lands, and their environmental impact is becoming removal;
well understood. Beginning to grapple with the 3. Demonstrate to local and national decision-makers the job
problem, in January 2001 the Forest Service (FS) creation potential of road removal and restoration. This study can be
adopted the National Forest System Road Manage- used to support shifting federal resources towards a landscape
ment Strategy (Roads Policy). This new policy sets restoration agenda focused on road removal; and
the course for managing the road system. It calls 4. Identify strategies and recommendations for shifting Forest
for a shift from developing transportation to Service resource emphasis towards road removal and involving local
managing the road system within the capabilities of communities and the associated workforce.
the land — the agency hopes to expand unroaded
areas by 5-10% by decommissioning up to 100,000 For more information and a complete Request For Proposals,
miles of roads. We hope our economic study will contact Marnie Criley at the Wildlands CPR office. Deadline for
bolster the FS’s direction, and encourage other land proposals is July 5.
managers (Bureau of Land Management, State and
private landowners) to develop their own road
removal programs.
s a conservationist, naturalist and, as one of my abandon their lungs, legs and hearts in favor of
On heavily roaded landscapes, elk find On heavily roaded landscapes, elk find
themselves lethally sandwiched themselves lethally sandwiched between almost
ceaseless harassment by motorized invaders,
between almost ceaseless harassment especially during hunting season, and decreased
by motorized invaders . . . and hiding cover. The “big four” survival essentials for
decreased hiding cover. elk and other wildlife are food, water, cover and
room to roam. Unrestricted legroom is essential to
elk (a highly mobile and migratory species) not
only to meet the first three needs through all the
mostly urban and suburban weekend warriors seasons but to allow females to “shop around” for
know or care woefully little about nature, ecosys- the fittest males to father their young. In heavily
tem dynamics or the animals they hunt. (The only roaded and logged habitat — and roading and
other faction of American culture to score as logging are sinister twins — this essential freedom
dismally low on Kellert’s “nature knowledge” tests to roam is bought by elk at the usurious price of
as the sports, ironically, were their “animal rights” greatly increased stress and greatly reduced
counterparts!) Worse, a growing number of these survivability. Either way, move or sit tight, the
clueless shooters, bowing to our consumer culture wapiti lose. Moreover, researchers point out that
and the outdoor marketing industry’s dictum to elk and other wildlife often suffer stress and
Chop-Chop
The Impacts of Helicopter Recreation on Wildlife
By Emily Yeomans
A Varied Response
Helicopter disturbance of wild animals may
cause physiological and/or behavioral responses
that compromise the animals’ survival, growth and What goes up . . . must have impacts on wildlife. Photo by Bill
reproductive fitness, ability to raise young, energy Cunningham.
budgets, and habitat use. Behavioral responses in
animals vary among individuals within a species
and between species types; these variations may Energy Loss
be due to differences in temperament, sex, age, Panic reactions and escape responses to overflights can be
prior experience with aircraft, or other factors energetically “expensive” to animals for two reasons. First, feeding
(McKechnie and Gladwin 1994). One relationship animals nearly always stop ingesting food when disturbed, which
is clear between aircraft and behavioral responses: means a decrease in energy intake. Second, disturbed animals
the closer the aircraft the greater the probability usually run or otherwise move away from aircraft, thus increasing
that the animal will respond, and the greater the their energy expenditure (National Park Service 1994). Increased
response. energy expenditures can reduce the rate of survival and reproduction
(Albright and Kunstel 2001). Disturbance from overflights could
Accidents Happen cause sensitive animals to abandon their habitats. However, more
Accidental injury of animals that panic and research is needed on the long-term effects of helicopter distur-
run from aircraft is a common concern of biolo- bances.
gists. Occasionally animals, especially young
ungulates, will run into objects or fall and get Associated Impacts
trampled while fleeing from aircraft. Helicopter recreation raises concern not only about the impact
of helicopters themselves but also about associated increases in
Reproductive Stress recreation. Heli-skiing is concentrated in upper-elevation terrain,
Aircraft disturbances can cause reproductive where goats, caribou, elk, and brown bears occupy habitat. In 1997, a
losses by altering patterns of attendance to young human-triggered avalanche in the Chugach Mountains of Alaska killed
(National Park Service 1994). Both mammals and a female Brown Bear and her two cubs while hibernating. Likewise,
birds leave their young or eggs exposed to preda- the increase in heli-hiking is taking more people to historically low-
tors and the elements when they run or fly away use areas like high alpine or tundra. Alpine habitat is extremely
from aircraft. fragile and cannot support such use at high levels; by bringing in
groups by helicopter, the numbers and degree of disturbance will
increase. Trampled alpine vegetation causes increased stress on
wildlife - mountain goats and sheep are particularly vulnerable to this
type of disturbance because critical habitat is already in short
— References on page 20 —
Albright, J. and M. Kunstel. 2001. A Research Report for the Jackson Maffly, Brian. 2000. Compromise on Heli-Skiing
Hole Conservation Alliance. Jackson, WY. Pleases Nobody. Salt Lake Tribune, Jan. 3rd,
Anderson, D. E., O.J. Rongstad, W.R. Mytton. 1990. Home-range changes 1999.
in raptors exposed to increased human activity levels in McKechnie, A. and D. Gladwin. 1994. Helicopters
southeastern Colorado. Wildlife Society Bulletin 18(2):134-142. and Wildlife. Rotor and Wing 32-33.
Belanger, L. and J. Bedard. 1989. Responses of staging greater snow Miller, F.L., E. Broughton, and A. Gunn. 1988.
geese to human Disturbance. Journal of Wildlife Management Mortality of Migratory Barren-Ground Caribou
53(3):713-719. on the Calving Grounds of the Beverly Herd,
Bunnell, F.L., D. Dunbar, L. Koza, and G. Ryder. 1981. Effects of Northwest Territories, 1981-83. Ottawa:
disturbance on the productivity and numbers of white pelicans in Canadian Wildlife Service Occasional Paper No.
British Columbia—observations and models. Colonial Waterbirds 66.
4:2-11. National Park Service. 1994. Report to Congress:
Callanan, L. 1993. Heli-hiking in the bugaboos. Forbes 151:166-170. Report on Effects of Aircraft Overflights on the
Cassirer, E. F., D.J. Freddy, and E.D. Ables. 1992. Elk Responses to National Park System. Denver Service Center.
disturbance by cross-country skiers in Yellowstone National Park. Phillips, G.E. and A. W. Alldredge. 2000.
Wildlife Society Bulletin 20:375-381. Reproductive success of elk following
Delaney, D.K., T.G. Grubb, P. Beier, L.L. Pater, and M.H. Reiser. 1999. disturbance by humans during calving season.
Effects of helicopter noise on Mexican Spotted Owls. Journal of Journal of Wildlife Management 64(2):521-530.
Wildlife Management 63:60-76. Stockwell, C.A., G.C. Bateman, and J. Berger. 1991.
Ferguson, M.A.D., and L.B. Keith. 1982. Influence of Nordic skiing on Conflicts in national parks: a case study of
distribution of Moose and Elk in Elk Island National Park, Alberta. helicopters and bighorn sheep time budgets at
Canadian Field-Naturalist 96(1):69-78. the Grand Canyon. Biological Conservation
Gladwin, D.N., D.A. Asherin, and K.M. Manci. 1987. Effects of Aircraft 56:317-328.
Noise and Sonic Booms on Fish and Wildlife: Results of a Survey of Thiel, R.P., S. Merrill, and L.D. Mech. 1998. Tolerance
U.S. Fish and Wildlife Service Endangered Species and Ecological by Denning Wolves, Canis lupus, to Human
Services Field Offices, Refuges, Hatcheries and Research Centers. Disturbance. Canadian Field-Naturalist
NERC-88/30. U.S. Fish and Wildl. Serv., National Ecology Research 112(2):340-342.
Center, Fort Collins, CO. 24pp. Titus, K. 1992. Letter to the USDA Forest Service.
Gunn, A. 1983. Caribou Behavior, Range Use Patterns, and Short-Term Alaska Department of Fish and Game. Douglas,
Responses to Helicopter Landings on the Beverly Calving Ground, AK.
N.W.T. Yellowknife Wildlife Service, Northwest Territories, U.S. Department of Agriculture. 1999. Final
Renewable Resources. environmental impact statement for the
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Hilderbrand, G.V., L.L. Lewis, J. Larrivee, and S.D. Farley. 2000. A UT and Unita National Forest, Provo, UT. pp.3-
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Wilderness 21-25. Odocoileus hemionus, does following
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Maffly, Brian. 2000. Forest Service Upholds Copter-Ski Ruling. Salt Lake
Tribune, Jan. 6th, 2000.
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