I hadn't seen this before.
> > Subject: Bush opens up backcountry trails to vehicles > > > > > > > > Bush opens up backcountry trails to vehicles > > > > > > By ROBERT McCLURE > > > SEATTLE POST-INTELLIGENCER REPORTER > > > > > > Jan. 1 - The Bush administration, in a move that has outraged > > > environmentalists, is about to hand a big victory to Westerners > > > who want to use a post-Civil War-era law to punch dirt-bike trails > > > and roads into the backcountry. > > > > > > Untallied thousands of miles of long-abandoned wagon roads, cattle > > > paths, Jeep trails and miners' routes potentially could be > > > transformed into roads -- some of them paved. Many crisscross > > > national parks, wildlife refuges and wilderness areas. Scheduled > > > to go into effect shortly, the rule change was greeted warmly by > > > off-road vehicle enthusiasts, whose numbers have exploded in > > > recent years. Many oppose attempts to fence off wilderness areas > > > where mechanized vehicles are banned. Where miners and wagons > > > trains went, so should dirt bikes, they say. "We consider it a > > > pretty substantial gain," said Clark Collins, executive director > > > of the Blueribbon Coalition, an advocacy group for snowmobilers, > > > dirt-bike and all-terrain-vehicle riders and 4X4 enthusiasts based > > > in Pocatello, Idaho. "That historic use in our view should provide > > > for continued recreational use of those routes," he said. "The > > > government should not be allowed to close those routes." > > > Environmentalists say the amount of noise pollution, erosion, water > > > pollution and other harm done to the backcountry will depend largely > > > on how the rule is handled by the Bush administration. And they're > > > worried. > > > "I don't think Congress in 1866 meant to grant rights of way to > > > off-road-vehicle trails," said Heidi McIntosh of the Southern Utah > > > Wilderness Alliance. "This is flying under the radar screen, but I > > > can't think of another initiative the Bush administration is pursuing > > > that would have a more lasting and significant impact on public > > > lands." > > > In Washington state, huge areas -- including parts of North Cascades > > > National Park -- are honeycombed by old mining trails that could be > > > promoted by off-road-vehicle devotees as open to motorized traffic. > > > Other national parks that could be affected include Grand Canyon, > > > Death Valley, Joshua Tree, Denali, Wrangell-St. Elias and Rocky > > > Mountain. A 1993 National Park Service report said the impact across > > > 17.5 million acres in 68 national parks could be "devastating." > > > The law was originally passed when Jesse James was just starting to > > > rob banks and the U.S. cavalry was still fighting Indians. Seattle > > > did not yet have a bank or a public schoolhouse. > > > It made federal land available for wagon roads, miners' trails and > > > other transportation routes. Its purpose was to open the West to > > > settlement. It would be nine years after the law's passage before the > > > internal combustion engine was invented. Decades would elapse before > > > many newfangled automobiles were scooting around the landscape. > > > The rule change announced on Christmas Eve by the Bush administration > > > rolls back severe restrictions slapped on the use of the law under > > > the Clinton administration. > > > "We're really concerned about this because it seems like the > > > administration is encouraging (road) claims that will affect the > > > parks," said Heather Weiner, Northwest director for the National > > > Parks Conservation Association. > > > Outside national parks, wilderness areas set aside by Congress in > > > national forests and other federal lands also are in play. > > > "It would disrupt the quiet and the feeling that you're away from > > > civilization," said Seattle activist Pat Goldsworthy. > > > Lots of land is at stake. In California alone, 19 wilderness areas > > > and proposed wilderness areas could be affected. A full accounting of > > > such areas in Washington apparently has not been compiled, but the > > > Alpine Lakes, Pasayten, Glacier Peak, Stephen Mather and Mount Baker > > > wilderness areas all contain old miners' trails. > > > "You name it, miners have been everywhere" around the West, said > > > Seattle attorney Karl Forsgaard, an environmental activist. "So keep > > > that in mind." > > > The one-sentence, 21-word statutory provision in question, known as > > > Revised Statute 2477, was part of the nation's first general mining > > > law, passed July 26, 1866. It says, "The right of way for the > > > construction of highways across public lands not otherwise reserved > > > for public purposes is hereby granted." > > > The idea was to induce miners to continue to fan out across the West > > > and settle it. To do that, they needed roads, or at least what passed > > > for roads in those days. > > > That law and its replacements in 1870 and 1872 gave miners the right > > > to buy public land for $5 an acre or less if they did work necessary > > > to discover minerals on the land. Those prices remain in effect today. > > > A few years earlier, Congress had passed the Homestead Act, which > > > provided cheap land to settlers willing to build ranches, farms and > > > homes on the acreage. That law was repealed in 1976. > > > That was the same year Congress repealed the roads-for-lands > > > provision of the old mining law. However, at the time Congress gave > > > states and counties 12 years to settle their old road claims. Ten > > > years later, Congress in effect extended the deadline. But the > > > Clinton administration fought most attempts to turn wilderness into > > > roadways. > > > Now, the Bush administration says it will finalize a rule giving > > > Western states, counties and cities -- some avowedly hostile to > > > federal control of wilderness areas -- a better chance to enforce > > > those claims. > > > The Clinton administration made it difficult to get the Interior > > > Department's Bureau of Land Management to approve the road claims. A > > > burst of litigation resulted, much of it in Alaska and Utah. In Utah, > > > some 15,000 road claims are at issue; Alaska's state government has > > > identified about 650. > > > In Utah, county governments angry about the establishment of a > > > national monument have become embroiled in a fight over the issue. > > > The state sued the federal government. > > > And in Alaska, the state government contends that even some section > > > lines -- the imaginary grid that marks off every square mile in the > > > nation -- are subject to the provision and can be claimed as roads. > > > Until now, proving that would likely have involved an arduous legal > > > battle. > > > Under the Bush policy, though, the BLM can process the claims more > > > readily as an administrative action. > > > It makes sense, says the Bush administration, because it saves state > > > and federal taxpayers money on court costs. > > > "The department felt this allowed them to address the . . . issues in > > > a more straightforward way," said David Quick, a BLM spokesman. > > > Stephen Griles, a former mining lobbyist who serves as the No. 2 > > > official in the Interior Department, told a pro-development group in > > > Alaska that the rule change was spurred in part by the advocacy of > > > the Western Governors Association. > > > "The department is poised to bring finality to this issue that has > > > created unnecessary conflict between federal land managers and state > > > and local governments," Griles told the Resource Development Council > > > in November. > > > Griles told the group the rules would be "consistent with historic > > > regulation prior to 1976." > > > What's changed since then is that sales of off-road vehicles, > > > particularly three- and four-wheeled all-terrain vehicles, have > > > skyrocketed. Enthusiasts have started to fight to maintain access to > > > back-country trails. > > > Meanwhile, environmental activists are trying to declare additional > > > areas off-limits to the off-road vehicles, saying they disturb > > > wildlife and hikers, cloud up streams and cause erosion of trails and > > > hillsides. > > > The new rule could help put to rest a controversy over a related > > > Clinton-era policy, said the Blueribbon Coalition's Collins. A > > > Clinton policy banned most logging, mining and other commercial uses > > > in 58.5 million acres of national forests where no roads are built. > > > But under the new policy, if states, counties or others are able to > > > establish a network of legally recognized "highways" through those > > > acres -- even if the highways are dirt roads or something less -- it > > > would give those fighting the so-called "roadless" proposal > > > ammunition. > > > At least that's what Collins hopes. > > > "That's why we have a real interest in it," he said. "It does have > > > the potential to influence this debate." > > > In national forests, those trying to open a route to motorized travel > > > would have to show that the route existed prior to the establishment > > > of national forests -- around the turn of the last century for most > > > places in the Pacific Northwest. In many places, though, miners > > > preceded establishment of the forests. Old maps can pinpoint their > > > routes. > > > "You're talking about going back and doing some fairly detailed > > > research in old historical documents," said Paul Turcke, a Boise, > > > Idaho, attorney who represents off-road-vehicle enthusiasts, > > > including the Blueribbon Coalition. > > > It's clear that counties and states have the right to try to open up > > > the old routes. Cities would, too, under the new rule. It remains to > > > be seen whether private groups such as off-road-vehicle clubs could > > > sue to open the routes. > > > "If I had to predict, I would say the trend is going to be toward > > > more private interests being involved," Turcke said. > > > > > > > >----------------------------------------------------------------------- >--- > > ------ > > > > > > P-I reporter Robert McClure can be reached at 206-448-8092 or > > > <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED] > > > > > > > > > -- > > > John Stewart > > > Director, Environmental Affairs, UFWDA, http://www.ufwda.org > > > Recreation Access and Conservation Editor, http://www.4x4wire.com > > > Webmaster, Tierra del Sol 4x4: http://www.tds4x4.com Webmaster, > > > Jeep-L: http://www.jeep-l.net > > > > > > > > > > > _________________________________________________________________ Protect your PC - get McAfee.com VirusScan Online http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963
