Summer Solstice 2008. Volume 13 No.

CONGRESSIONAL HEARINGS ADDRESS

OFF-ROAD VEHICLE DAMAGE
By Franklin Seal

As the U.S. Congress holds hearings on the impacts of off-road vehicles, the
choices facing America’s public lands have never been clearer.
Photos by Laurel Hagen.

Inside…
A Look Down the Trail, by Bethanie Walder. Page 2
Congressional Hearings Address Off-Road Vehicle
Damage, by Franklin Seal. Pages 3-5
Odes to Roads, by Brad Hash. Pages 6-7
DePaving the Way: by Bethanie Walder. Pages 8-9
Get with the Program: Restoration and Transportation
Program Updates. Pages 10-11 A family enjoys quiet and solitude.
Regional Reports & Updates. Pages 12-13
Biblio Notes: The Effects of Motorized Access on Wildlife
in the Northern Rockies, by Greg Peters. Pages
14-16
New Resources. Page 17
Field Notes: Best Management Practices for ORVs. Pages
18-19
Organizational Spotlight: Friends of the Inyo, by
Cathrine Walters Adams. Pages 20-21
Above: vehicle tracks crossing
Around the Office, Membership Info. Pages 22-23 through streambed.

Left: Crowd at an off-road rally

Check out our website at: near Moab, Utah.
www.wildlandscpr.org
 P.O. Box 7516
Missoula, MT 59807
(406) 543-9551

I
n mid-April, the news broke in Missoula, MT that Undersecretary of Agriculture Mark www.wildlandscpr.org
Rey had been negotiating in secret with Plum Creek Timber Company on behalf of
Wildlands CPR works to protect and restore
the Forest Service. Behind closed doors for over a year, they sought to redefine road
wildland ecosystems by preventing and removing
easements across public land to allow for residential development. When county officials roads and limiting motorized recreation. We are
caught wind of the talks and informed Senator John Tester (D-MT), the backroom deal a national clearinghouse and network, providing
was, at least temporarily, delayed. But with little zoning in place, the counties are in a citizens with tools and strategies to fight road
vulnerable position. construction, deter motorized recreation, and
promote road removal and revegetation.
Plum Creek, the largest private landowner in the country, owns 8 million acres of in-
dustrial timberlands nationwide, with 1.2 million acres in Montana. Much of it is located Director
in the desirable, expanding, partially logged-over, fire-prone, wildland-urban interface. Bethanie Walder
During the past few years, Plum Creek has been selling these lands for subdivisions.
Development Director
But then a little problem occurred. Many of the roads accessing their property cross Tom Petersen
Forest Service land, so Plum Creek has easements, or rights-of-way (ROW), to use them. Restoration Program
The easements were initially granted for logging, but Plum Creek now asserts that they Coordinator
should allow access for residential development. Such use was never considered when Marnie Criley
environmental analyses were conducted on the easements.
Science Coordinator
There is no question that some form of access is legal. Private landowners whose Adam Switalski
land is completely surrounded by public land are guaranteed reasonable access, typically
defined as a road (although courts have ruled that non-motorized access is reasonable). Legal Liaison/Agency
Nonetheless, the legal questions regarding Plum Creek’s national easement renegotiation Training Coordinator
remain unanswered, likely until the issue ends up in court. Sarah Peters

If the agreement between Plum Creek and the Forest Service is adopted, the impacts Communications Coordinator
to land, water, and rural communities will be great. In the Seeley-Swan Valley of Montana, Franklin Seal
for example, most Plum Creek land sits in habitat corridors for the grizzly bear, protected Montana State ORV
by the Endangered Species Act (ESA). For Rey to negotiate this profound change to road Coordinator
use without any analysis in accordance with the National Environmental Policy Act or the
Adam Rissien
ESA is likely illegal, but again, the courts are likely to make that decision.
Utah State ORV
The complicating factors in the renegotiation of leases are too numerous to address Coordinator
here, but include the fact that most of the roads in question are not considered public, Laurel Hagen
and can be closed or removed to protect aquatic and terrestrial resources. This manage-
ment authority would be limited by the renegotiation. In addition, Plum Creek land in MT Program Associates
is assessed as “agricultural,” with very low property taxes. Selling the land for residential Cathrine Walters Adams
use should require reassessment, which might make the idea less financially viable for
Plum Creek, or even a severance tax. Finally, zoning to prevent residential use is difficult Restoration Research
for counties to impose, in part because Plum Creek (as the largest landowner in some Associate
counties) can protest and effectively veto it. Josh Hurd
To reduce the damage, county and state government should ensure that Plum Creek Journal Editor
land is reassessed as residential for tax purposes; that zoning is put in place to limit the Dan Funsch
type of development; and that critical habitat is purchased through land trusts and other
means to protect it. Interns & Volunteers
Jeff Aaron Hindle, Greg Peters, Cassidy Randall
There’s no question that Mark Rey overstepped his authority in trying to negotiate
this backroom corporate giveaway to Plum Creek with no public involvement. But there’s
Board of Directors
also no question that the subdivision threat to these lands existed long before this deal
Amy Atwood, Greg Fishbein, Jim Furnish,
was undertaken, and the affected states and counties must move quickly to limit the dam- William Geer, Chris Kassar, Rebecca Lloyd,
age that could occur if such large amounts of forest undergo a wholesale conversion to Cara Nelson, Brett Paben
residential use.

© 2008 Wildlands CPR

2 The Road-RIPorter, Summer Solstice 2008

CONGRESSIONAL HEARINGS ADDRESS
OFF-ROAD VEHICLE DAMAGE
By Franklin Seal

T
he damage that off-road vehicle use
inflicts on our public forests, deserts,
grasslands and wetlands is certainly no
secret. Even many off-road vehicle advocates
admit concerns about the growing problem,
fearing that the increasing degradation of public
resources will further poison public opinion Dust rises as if to signal a growing concern over the impacts of motorized
against them and cause land management agen- recreation. Photo by Laurel Hagen.
cies to clamp down.

But while the problem is no secret, it has

The Senate committee hearing was convened for the purpose of find-
never gained the full attention of Congress
ing out why the agencies are failing to grapple with the negative impacts of
— until now.
off-road vehicle use on America’s public lands and what the agencies might
need to start doing differently. Taking center stage in the discussion was
Earlier this spring, the off-road vehicle prob-
the “travel planning process” – a complex analysis and decision-making
lem moved into the public spotlight when a US
procedure with the aim of designating appropriate roads and trails. Both
House of Representatives committee held over-
the Forest Service and BLM have been engaged in somewhat similar travel
sight hearings on the issue. That hearing was a
planning processes now for years, but some of the committee members
first step in long-absent congressional oversight
didn’t seem to think those processes were going along so well.
regarding failed off-road vehicle management
on federal lands. Unfortunately, the testimony
“The BLM has identified travel management on its lands as ‘one of the
from the Forest Service and BLM representatives
greatest management challenges’ it faces,” stated committee Chairman Jeff
was less than informative about the scope of
Bingaman, D-NM. “Likewise, the Forest Service has identified unmanaged
the problem and the challenges these agencies
recreation — including ORV use — as one of the top four threats to the
face in bringing rampant off-road vehicle abuse
management and health of the National Forest System. Despite these state-
under control. However, testimony from several
ments, it seems to me that neither agency has been able to successfully
other key witnesses was very helpful in articu-
manage off-road use.”
lating the scope of the problem and making key
recommendations.

It was clear from the agency and from

the off-road vehicle industry representatives
that their mantra about a few bad apples has
not changed. Fortunately there were speakers
who pointed out the profound enormity of this
problem, and that real regulatory changes are
needed if we are to develop a culture of respon-
sibility. Those changes include the protection of
special places, the adoption and implementation
of tough, strict rules for motorized recreation
on public lands, and the swift and consistent
enforcement of those rules.

More recently, on June 5, the Senate fol-

lowed suit with its own hearing on off-road
vehicle damage to public lands. For the first
time in perhaps a decade, members of the Sen- Factory Butte, Utah BLM... majestic natural landmark, or off-road
ate Energy and Natural Resources Committee playground? Photo by Marcel P. Huijser.
grilled leaders of the Forest Service (FS) and the
Bureau of Land Management (BLM) about why
off-road vehicle use is being allowed to damage
America’s national treasures. — story continued on next page —

The Road-RIPorter, Summer Solstice 2008 3

 — continued from previous page —

“Existing rules for managing off-road vehicles are not being enforced,”
Bingaman added, and the agencies are ignoring unregulated use “with sig-
nificant consequences for the health of our public lands and communities,
and adverse effects on other authorized public land uses.”

But representatives for both the Forest Service and the BLM, while
cleverly acknowledging the huge scale and complexity of the problem,
seemed reluctant to admit any management failure.

BLM deputy director Henry Bisson explained that the off-road vehicle
problem has been building over many years. “What was once the vast and
spacious public land of the West that few knew about and fewer actively
used for recreational purposes has now become something quite differ-
ent.” He cited a combination of reasons to explain the dramatic increase
in social conflicts and resource impacts: population increase in western
towns, unauthorized user-created routes, explosive growth in the use of
off-road vehicles, advances in technology and intense marketing by thrill-
craft manufacturers.

Forest Service Deputy Chief Joel Holtrop called up statistics from a

Forest Service telephone survey, The National Survey on Recreation and
the Environment, to show that the number of people “participating in OHV
recreation” has grown dramatically. And indeed it has.

But sometimes the most interesting and illuminating statistics are the
ones not mentioned. For instance, Holtrop seemed careful to avoid citing
another, more obvious and detailed Forest Service survey completed in
2004. The National Visitor Use Monitoring Four Year Report survey reveals
that even with the serious explosion in off-roading, visits by thrillcraft us-
ers still constitute less than six percent of all visits to the national forests.
This tiny percentage of visitors are using and damaging a grossly dispro-
portionate percentage of the public lands. Somehow, this fact was not
mentioned.
Holtrop did say that even a few off-road vehicles can severely impact
the forests. “The first motor vehicle driving across a particular meadow
may not harm the land, but by the time 50 motor vehicles have crossed
the same path a user-created trail will likely be left behind that causes last-
ing environmental impacts on soil, water quality, and wildlife habitat. Ad-
ditionally, some visitors report that their ability to enjoy quiet recreation
experiences is affected by the noise from motor vehicles.”
Holtrop also acknowledged that many of these user-created routes are
inappropriate and may need to be closed. “These user-created routes are
not part of the forest transportation system, did not undergo environmen-
tal analysis, were not designed and constructed for recreational use, and
do not receive routine maintenance by the Forest Service,” he said. “Some
of these routes may merit consideration, with appropriate environmen-
tal analysis, as potential additions to our transportation system. Others
run through wetlands, riparian areas and stream channels, and their use
by motor vehicles adversely affects water quality, causes erosion, and
introduces invasive species. User-created routes causing unacceptable
resource damage should not be designated for motor vehicle use.”
No one could have stated it any better. User-created routes in national
forest and BLM lands have absolutely no business being given the status
of a designated route, published by the agency on a map and handed out
to visitors. Such designated status should be reserved for routes that are
planned, that meet a purpose and need, are designed to be resilient and
Quiet users negotiate an unauthorized trail created by
off-road vehicle users. Photo by Laurel Hagen.
to avoid ecological damage, and are within the
agency’s ability to maintain on a sustainable
basis.
Which makes it all the more curious why
Holtrop avoided mentioning another Forest
Service document. The Forest Service deputy
chief spent a great deal of time detailing the re-
quirements of the 2005 Travel Management Rule,
subpart B, that requires the agency designate
a system of routes and publish a Motor Vehicle
Use Map (MVUM). But while spending more time
on that subject than just about any other, he
utterly failed to mention subpart A of the 2005
Rule, which first requires the agency analyze
its lands and determine what a minimum road
system would look like prior to moving on to the
process of designating routes and publishing
them on a map.
Subpart A — identifying a minimum road
system — is a crucial, necessary step if the final
mapped and published system of routes is to
represent a rational and planned choice. Ignor-
ing that step implies that the end product — the
MVUM map and the route system it describes
— will represent an impotent caving-in to off-
road vehicle abuse. The fact that Subpart A was
never mentioned during the hearing ought to
give committee members pause.

4 The Road-RIPorter, Summer Solstice 2008

 Trout Unlimited’s Western Energy and ORV
Coordinator Bradley Powell testified on behalf
of the angling community, listing a host of “OHV
horror stories” from his days working for the
Forest Service. “In New Mexico, on the Santa Fe
National Forest, I vividly remember the deep
ruts and bog holes created in prime elk habitat.
On the Tonto National Forest in Arizona there
are areas that look like heavy equipment has cut
deep incisions into the land. On a typical week-
end day in the spring there is a dust cloud over
the area that can be seen for miles.”
US Geographical Survey research ecologist
Jayne Belnap told the committee that current
off-road use is causing soil erosion and dust pol-
lution — even when the road or trail lies unused.
“Just the presence of the roads themselves
produce dust, you don’t have to drive on them,”
she said.
Recent studies have shown that dust pol-
lution increases snowpack melt and reduces
the delivery of late-season water into rivers and
streams.
“The dust issue is going to be a major, major
issue,” Belnap said. “We are going to have pro-
found impacts on water delivery.” She quantified
the problem as representing “billions of pounds
of dust a year coming off these trails.”
From user-conflicts to water quality impacts, motorized
recreation leaves a lasting impression on our public
lands. Photo by Glen Jensen.
The Road-RIPorter, Summer Solstice 2008
BLM’s proposed road system for the Labyrinth Canyon area. Dark areas represent
roadless areas proposed for addition to the Wilderness System. Map by Laurel Hagen,
produced with Google maps.
Other witnesses called attention to the lack of enforcement of exist-
ing off-road laws. Frank Adams, Executive Director of the Nevada Sheriffs’
and Chiefs’ Association, pointed to the “feeling of anonymity that many of
the OHV riders have because there is no way of identifying them or their
vehicles.”
“Most states do not require a license plate for such vehicles,” he said.
“Those states that do require tagging, the tags are not large enough to be
seen without being in almost on top of the vehicle. If you are able to deter-
mine that there is a tag on the OHV, determining the tag number is almost
impossible.”
Adams went on to call for federal incentives for state-run license plate
programs for off-road vehicles and increased funding for enforcement.
But when Montana’s Senator Jon Tester grilled off-road vehicle group
representatives Edward Moreland, Vice President for Government Rela-
tions, American Motorcyclist Association and Greg Mumm, Executive
Director, Blue Ribbon Coalition about their willingness to support such
a program, both cited the expense and bureaucratic difficulties faced by
off-road vehicle users as their reason for not supporting more visible reg-
istration numbers or license plates. But Tester was not to be put off. He
continued to question them about what it would take for them to support
such a program. And they continued to cite the expense and difficulty as
their primary objection. Finally, Tester asked them, what if the licenses
were made free of charge and extremely easy to obtain, would that remove
their objections? Curiously, both said they would still refuse to support it.
Perhaps Adams’ comments about the “feeling of anonymity” that off-road-
ers cherish may be a more accurate way of getting at their real objections
to vehicle ID numbers.
While off-road vehicle users may remain anonymous for the time be-
ing, the impacts of their recreation are finally being exposed to the light of
day. And while it’s unlikely that Congressional awareness of these impacts
will translate into new legislation at this point in time, it may well prove to
be one more step towards increased agency commitments to educate off-
road users and enforce policies that protect public resources.
— Franklin Seal is Wildlands CPR’s Communications Coordinator. He lives
and works in Moab, Utah.
5
Three Ways In
By Brad Hash
The first road was a trail.
Paved hard and long by paw, hoof and foot, it dropped into the canyon
from the north plateau etching its way along near-vertical hillsides de-
scending to gentler slopes studded with bunch grasses, lupine, mule’s ear,
sagebrush and phlox. The narrow path yielded to formidable chunks of ba-
salt -- sharp-angled and menacing like giant rock cactuses -- buoyed by dry,
sandy soil. Lichens of muted greens and grays held tight to hard surfaces.
Nimi’ipuu (later named Nez Perce by French trappers) men used to
cross the saddle near what is now Soldier Hollow taking the trail into the
canyon in early spring and again in winter to hunt deer, sheep, goat, and
bear. Along the warm, open south aspects and in the bottomland, women
gathered berries, biscuit root, camas bulbs, wild carrot and wild potato.
The twelve-foot wide stream that cleaved this place over millions of
years bristled with native trout and offered a fertile spawning ground for
salmon after an 800-mile swim. The brisk waters rushed high and hard
through the spring snowmelt.
Searing summer heat better suited for the Sonoran Desert cued the
Nimi’ipuu to seek higher grounds where they could continue gathering
– gooseberries, huckleberries, hawthorn berries, currants and service ber-
ries – and hunting the game that flowed with the ripening plants.
This was the way until 1855. That year, beyond the canyon and the
horizon of the Nez Perce, men of the U.S. government drew up and offered
a treaty to the people. The agreement was brokered, accepted and later
broken by the authors. Two decades later came a similar parchment worth
every bit its weight in federal thievery. However, this treaty -- to further
funnel the people from their homes in north-central Idaho and north-
eastern Oregon and on to truncated terrain at Lapwai – met opposition,
especially among the Wallowa band.
Defying U.S. hegemony and a culture that offered no peace to their
puzzle, hundreds of Nez Perce walked over a thousand miles to find the
freedom taken from them. Changing times and arbitrary boundaries put
that concept out of reach. Their road reached the end of the earth at the
base of the Bear Paw Mountains in Montana. The good life was over, for
good.
And the canyon was silent.
*****
6 The Road-RIPorter, Summer Solstice 2008
The second road was a river.
At the Lewiston landing a wooden craft,
the bow pointed upstream, due south, ferried
the first white settlers to the canyon. For those
living in more urban confines, the nation’s Great
Depression had resurrected the allure and inde-
pendence of the homestead.
Seventy river miles from their previous
lives, a dozen feet of a singular family stepped
from the boat onto polished river stone and
ancient layers of volcanic ash of the east bank,
certain the sun would rise. Following the creek
up canyon, they planned to secure a lifestyle
where providing dinner would be governed by
the forces of nature rather than the forces of the
free market.
A permanent life there was hard.
Breaking sod was more like quarry work.
And although the canyon was generous in
seasonal plant foods, harvesting and processing
roots and bulbs required knowledge not so eas-
ily gained in city life.
But they had seeds for vegetables and fruit
trees. And livestock. A few head of cattle could
graze well without risking their not-so-nimble
necks in the treacherous high ground. Milled
lumber was boated from Lewiston and dragged
by teams of horse and mule up canyon for over
a mile to the homesite.
A solid two-story structure void of imagina-
tion, comprised almost entirely of right angles,
and yet equipped with the first flush toilet in
Idaho County, was completed in the late 1930s.
The barn was as big and bland as the house.
This life held little time for creativity.
By 1955 the homestead was vacant.
*****

Photo by Brad Hash.
The third road was a lie.
A sharp cut started about a mile in from the northeast rim of the can-
yon. By steel blade and diesel engine a swath wide enough for two trucks
ripped its way from the hard-packed dirt county road, leveling Douglass
firs and Red cedars nestled in the draw, up to the open knoll of the plateau.
In 1995 I drove my low-clearance, two-wheel drive car this far and
parked. I was advised such vehicles should go no farther.
Before strapping on my backpack, I walked several yards to the west,
and crossed a barbed-wire fence to get a more vivid view of my future -- the
northern reaches of Hell’s Canyon. With no expression I stared down into
Getta Creek canyon. I was curious, not captivated.
To me the landscape seemed inverted. The ridges and plateaus met
the sky flat, like a calm sea, The creek bottoms were tight, jagged, like
mountains upside-down.
Getta Creek and its canyon, along with dozens of counterparts, at-
tached like ribs to the spine of the Snake River running north to the Colum-
bia. The high desert was an alien to me.
The dirt road, contoured with 18-inch waterbars, eased over the knoll
switch-backing about a quarter mile down. From my vantage point it van-
ished beneath the ridge about twenty yards past the turn.
For sale in the canyon were 70 acres of creek-split land somewhere be-
low, west of me, and at the end of the road. I was invited to join a group of
fellow primitive skills instructors who were forming an intentional commu-
nity. There was a two-acre garden, over five hundred generous fruit trees
– the homesteader legacy – and berry patches the size of supermarkets.
I was fleeing a civilization built on coal power plants, plastic, and slick
marketing.
The Road-RIPorter, Summer Solstice 2008
The steepest wall of the canyon was before
me. The road hugged it, looking like a scratch in
its side. I imagined one day the scratch would
heal and our car culture would be shut out
of Getta Creek canyon. I wondered what my
girlfriend would think of this place. I wondered
what I thought of this place. I walked.
The pitch was so steep I had to peer from
the edge of the road to glimpse the ground im-
mediately below. Like a string of beads, decidu-
ous trees snaked along the canyon bottom cam-
ouflaging Getta Creek fifteen hundred feet down.
What it lacked in engineering and design,
the Getta Creek canyon road made up for in ar-
rogance.
Now a mile or so from the creek the road
laid over craggy bedrock, maintaining its brutal
descent. I was only half-way to the cabin and
already hated the road. But where else would I
be able to live this life? The good life.
Later, I ignored the sensibilities of the
woman who would later become my wife. Money
was saved, money was borrowed, and my share
of the land was purchased in 1996. My home was
a canvas wall tent as I cleared ground to build a
straw bale cabin. I worked hard to convince my-
self I loved it. Two hours from the nearest town
would be tolerable isolation.
Within two years heavy spring rains and
record snowmelt did their part to correct the
lie. Unable to withstand the deluge, the road
slumped several feet down the hillside at its
most treacherous section, and down below
Getta jumped its banks washing every speck of
dirt from the road for over a mile. The flood left
gouges in the road four-feet deep and twice the
length of anyone’s truck.
Surveying the damage, I now acknowledged
the truth. That road wasn’t meant to be. Nor was
I meant to be here. Besides, a “model” sustain-
able community has nothing to model if no one
can access it.
That July, two weeks after proposing to my
girlfriend beneath a towering Ponderosa pine
shading our future homesite, I went the way of
the Nez Perce and the homesteaders before me.
Each of us traveling different roads into the can-
yon and each of us, with our own reasons, taking
different roads out.
— Brad Hash writes from Missoula, Montana,
where he and his wife annually break plans to
visit their property they still own in Getta Creek
canyon.
7
When Good Policies Lead to Bad Decisions
By Bethanie Walder

Editor’s Note: This article first appeared in Wildlands CPR’s on-line Newsletter, April 30, 2008.

A
few weeks ago I got a demoral- cultural diversity, or sexual harassment, not glorifying such activities, but is di-
izing phone call about the cover the instructor will use case studies or rectly, unequivocally condemning them.
of a new coffee-table photo examples to help the employees under- The book is intended to be provocative,
book about the ecological destruction stand what is allowable and what is not. and the editor chose a cover photo that
caused by off-road vehicles. That is the same context in which these serves this goal.
Wildlands CPR has been distribut- photos appear in the book – not to vio- As an aside, I find it fascinating
ing the book Thrillcraft: the Environmen- late a policy, but to illustrate it. that not one person who has objected
tal Consequences of Motorized Recre- The woman who called is not the to this photo has mentioned that the
ation. While we didn’t publish the book, first to object to the cover photo, nor scantily clad woman is wrapped in an
we think it is an important addition to will she be the last. Fellow conser- American flag. No one seems offended
the debate about the appropriateness vationists, other agency staffers and by that, but couldn’t it be considered
of motorized recreation on public lands. concerned readers have also voiced unpatriotic, or even a desecration of the
Though the subtitle focuses on ecologi- complaints. The photo is offensive, and flag? I explained to the caller that the
cal impacts, I would argue that the book probably shouldn’t be on the cover. But book uses photos and essays to reveal
is actually more about the dominant it’s there for a reason – to show exactly the inappropriate nature of off-road
culture of lawlessness among off-road what type of attitude pervades off-road vehicle recreation on public lands. She
vehicle recreationists. It uses extreme vehicle recreation on public lands. It’s countered that, taken out of context,
examples to paint a polarizing picture,
much to the detriment of the many law-
abiding off-road vehicle riders who also
use public lands.
Nonetheless, we think the book
presents a very critical perspective on
off-road vehicle use, so a few weeks
ago we sent copies to about 100 Forest
Service Supervisors, Regional Forest-
ers and Regional Recreation Directors
throughout the country. Many other
conservation organizations have also
been distributing the book to their local
Forest Service offices.
Soon afterwards, I got that phone
call, from the Forest Service. They said
that the books we sent to their Califor-
nia offices would be returned because
some photos in the book violate the
agency’s sexual harassment policy in
that region, which prohibits “inappro-
priate material” in the office. The book’s
dust cover, in particular, features a dune
buggy with a cartoon caricature of a
topless woman wrapped in an American
flag. That same photo shows up inside
the book, and according to the Forest
Service there are one or two others
that are also explicit. I understand
and support strong sexual harassment
policies, and I recognize that this photo
might technically be in violation. That
said, when employees take a class in

8 The Road-RIPorter, Summer Solstice 2008

the photos could make some people
uncomfortable and that is what their
policy is supposed to prevent. But while
I do not want anyone to feel uncomfort-
able looking at a book about off-road
vehicle recreation, perhaps awareness
about some of the offensive and harass-
ing behavior can be helpful to women
who are trying to protect themselves.
For example, on numerous occasions,
women who attend ATV rallies on public
lands have been cornered inside crowds
of drunken men and forced to remove
their shirts in order to exit. There are
no photos in the book showing this, but
on several occasions law enforcement
officers have had to escort women out
of such scenes. In fact, officers have
reported that they felt their own lives
I’m angry because the Forest Service is
more offended by a cartoon of a topless woman on
a dune buggy than by the damage that
dune buggy causes the land.
threatened by out-of-control behavior at
off-road vehicle events occurring on our
public lands.
The agency caller would not waiver:
the book violates their policy. Under-
standing that the dust cover is particu-
larly egregious, I recommended that
she tell the staff to remove it, but keep
the book. That wasn’t good enough,
the photo and others are also inside. I
pointed out that it would be hard to
take the photos out of context when
they are in a book about ATV recreation
and rider behavior. She would not back
down. I said that a book demonstrating
inappropriate behavior and calling for
it to be stopped is not inappropriate.
No dice. Finally, I told her to go ahead
and return the books, and hung up the
phone in defeat and anger.
I’m angry because I’m a feminist
woman and an environmentalist, and
the Forest Service is more offended
by a cartoon of a topless woman on a
dune buggy than by the damage that
dune buggy causes the land. I’m angry
because a whole group of men think
it’s funny to paint pictures of topless
women on their vehicles, or to wear
t-shirts while riding their ATVs that say,
“If you can read this it’s because the
bitch fell off.” (I’m pretty sure that is
The Road-RIPorter, Summer Solstice 2008
the only other “offensive” photo in the
book.) I’m angry because these men
don’t think the land is worth anything,
and apparently don’t think women are
either, except for their bodies, perhaps.
And I’m angry because the Forest Ser-
vice caters to these people rather than
addressing the damage they cause.
I thought about classes I took a long
time ago on ecofeminism, about the
intersection between the domination of
nature and the domination of women.
According to Wikipedia (more handy
than digging up my old textbooks),
ecofeminists argue “the social mentality
that leads to the domination and op-
pression of women is directly connected
to the social mentality that leads to the
abuse of the environment.” The Forest
Service does NOT consider the culture
of lawlessness pervading off-road ve-
hicle use on public lands and resulting
in the profound destruction of nature
inappropriate. Nor will they allow a
book in their offices that illustrates just
that reality, because it contains two or
three offensive photos. If they find this
book so contrary to their policies, why
don’t they find this destructive form of
recreation inappropriate and against
their mission to protect forest resources
for all Americans? I am
frustrated not because
environmental concerns
trump women’s issues or
vice versa, but because the
two are inextricably linked.
As previously men-
tioned, not all off-road ve-
hicle riders break the law.
(But studies from Utah and
Colorado show that more
than 50% of riders routinely
ride off-route, even when
they know it’s not legal.)
Likewise, it would be unfair
to say that most off-road
vehicle riders are misogy-
nists. In fact, most motor- Thrillcraft documents environmental damage caused by off-
ized recreationists are col- road vehicle use. Photo by Laurel Hagen.
lege-educated, professional
men, with above average income, our
neighbors, brothers, and friends, who
probably don’t behave badly at home.
Yet, they seem to behave badly when
driving off-road vehicles, especially in
large groups.
This behavior, tolerated at off-road
vehicle rallies in particular, results in
nothing other than profound desecra-
tion to the land, and in many instances,
very serious harassment of women.
It is not appropriate. And the Forest
Service would do better to spend their
time trying to figure out how to get off-
road vehicle recreation under control,
and ensuring that the activities they
allow on their land are appropriate, to
women and to the land, than rejecting
a book that points out how wrong such
behavior is.
Quite frankly, it’s embarrassing
how the agency ignores the social and
ecological problems caused by out-
of-control off-road vehicle use. Some
forms of motorized recreation provide
textbook examples (ecofeminist text-
books, anyway) of the destruction of
nature combined with the domination
and oppression of women. In this situa-
tion, the black and white interpretation
of the sexual harassment policy makes
no sense. To look at a picture that is
included only as evidence of inappropri-
ate behavior and say that it violates a
policy designed to prevent inappropri-
ate behavior seems extreme. The Forest
Service should continue to prevent
sexual harassment in the office. In addi-
tion, it’s time for them to stop lawless,
reckless, and inappropriate off-road
vehicle recreation on the land as well.
9
Program Updates, Summer 2008
Restoration Program

T
he $40 million Legacy Roads Remedia-
tion Initiative, passed by Congress last
December (see RIPorter 13:1 for more
info), presents a golden opportunity to remove
roads and restore watersheds in national forests
across the country. It remains a key focus of our
efforts to broaden the watershed restoration
movement nationally. Wildlands CPR’s Wash-
ington Coordinator Sue Gunn has been working
with the Washington Watershed Restoration
Initiative to increase next year’s Legacy Roads
funding, and she traveled to Washington DC to
testify on the subject before a House Interior
Appropriations Committee. Prior to testifying,
Sue helped coordinate Legacy Roads funding
requests to Congress with activists in Washing-
ton, Montana, Colorado, New Mexico, Oregon
and California.
Mark VanderMeer addresses a Wildlands CPR-sponsored workshop in
Wildlands CPR also co-sponsored the Forest Montana’s Swan Valley. Wildlands CPR file photo.
Roads and Watershed Restoration Symposium in
Tacoma. Director Bethanie Walder and Sue were
on the planning committee and recommended
key speakers for the economics and case studies Practitioners, and Swan Ecosystems Center. It was the culmination of a
panels, as well as the lunchtime keynote, former two year effort to promote road removal in this region. The workshop
Congressman Pat Williams. The Symposium, or- included local landowners, agency staff and restoration professionals, and
ganized by Pacific Rivers Council, was a fantastic focused on mapping out a long-range restoration program for sections of
success and helped define the need, regionally heavily logged and roaded forest previously owned by Plum Creek Timber
and nationally, for continuing the Legacy Roads and now owned by the community – the creek is home to endangered
funding. Participants included state and federal bull trout. At the end of the workshop, a representative of Montana Fish
agency staff, conservationists, scientists, econo- Wildlife and Parks awarded the Elk Creek Management Group a grant of
mists, and state and federal decision-makers to $5,000 to begin immediate restoration work, which may eventually involve
name a few. removing several roads.

Restoration Program Coordinator Marnie
Criley continued our partnership with North-
west Connections to co-host the Elk Creek
Restoration Assessment and Implementation
Workshop in Swan Valley, MT. The weekend
workshop was co-sponsored by the Center for
Environmental Economic Development, Ma-
drone Enterprises, National Network of Forest
Wildlands CPR Staff Scientist Adam Switalski has been ramping up
his work on the Citizen Science Monitoring Program in the Clearwater
National Forest. He hired an Idaho field technician and a Missoula volun-
teer coordinator to expand this project. In addition, Adam trained a new
Friends of the Clearwater (Moscow, ID) field organizer in data collection
techniques, as they are partnering with us on this project. He also contin-
ues to work with University of Montana students and faculty to investigate
revegetation techniques on removed roads.

10 The Road-RIPorter, Summer Solstice 2008

 Transportation Program
A
dam also directed our efforts to distribute the off-road vehicle
Best Management Practices report (see RIPorter 13:1 and page
18 this issue for more info). This guide for agency land managers
provides a detailed, science-based “map” for ensuring that any off-road
vehicle recreation that is allowed is well-managed and has the lowest pos-
sible impacts. Adam sent out the BMP report, in a combined mailing with
our 2007 ORV Enforcement report, to nearly 1,000 Forest Service Supervi-
sors, District Rangers, BLM Directors and conservation organizations. The
report is available online, and we also featured it in our April email news-
letter, which drew more than 250 people to visit the online BMP page.
Wildlands CPR worked with some of our national partners to promote
Congressional oversight hearings on off-road vehicle management of pub-
lic lands (see cover story).
Wildlands CPR Legal and Agency Liaison Sarah Peters helped finalize a
settlement agreement with the National Park Service over a lawsuit we co-
filed in 2005 (see story page 12). We first initiated settlement discussions
with the NPS in late 2006, and Sarah ensured that Wildlands CPR’s most
specific concerns were well-addressed through this agreement. Our co-
plaintiffs in the case were the National Parks Conservation Association and
Bluewater Network, a division of Friends of the Earth. The settlement will
result in a pilot project in 10 national parks to increase enforcement and
education on off-road vehicle use in the parks. Sarah also assisted numer-
ous conservation groups throughout the west in their efforts to develop
strong appeals of final travel plans.
In our other efforts to influence travel plans, Montana Off-road Vehicle
Coordinator Adam Rissien filed scoping comments on travel plans in
several districts of the Kootenai and Flathead National Forests. Adam’s pri-
mary focus, however, is on
the Beaverhead-Deerlodge
and Bitterroot National
Forests, where he is provid-
ing strategic guidance to
two quiet recreation coali-
tions. He is helping them
develop strategies to submit
strong written comments,
coordinate ground-monitor-
ing programs, and expand
public attention regarding
travel planning.
Adam’s work with
the Bitterroot Quiet Use
Coalition bore fruit when
Missoula’s local CBS affiliate
decided to develop a four-part series on the off-road vehicle problem,
featuring interviews with local land managers, ORV riders, hunters,
conservationists, backcountry equestrians and private property own-
ers. The segments on enforcement and stopping motorized abuse
were excellent and presented a diversity of viewpoints about the multi-
tude of problems caused by off-road vehicle recreation. A highlight of
the series was the first interview with an amputee on crutches. He told
the story of being run over and severely injured by an ATV rider who
was trespassing on a non-motorized trail.
The Road-RIPorter, Summer Solstice 2008
Utah Off-road Vehicle Coordinator Laurel
Hagen has been organizing local groups in rural
Utah in an effort to build support and generate
comments on travel plans on the Dixie, Manti-
LaSal, and Ashley National Forests, and in the
Moab Field Office of the Bureau of Land Manage-
ment. Moab holds a special place in the off-road
vehicle world and is beset with annual gather-
ings of thousands of unruly off-road vehicle
users such as the Easter Weekend Jeep Safari.
This year, Laurel documented the very un-quiet
commotion with a photo essay that she posted
to our blog and featured in our e-newsletter. The
post caught the attention of bloggers and online
discussion boards and resulted in a storm of
traffic to Wildlands CPR’s website and a flurry of
comments on her post. More than 400 people,
both pro and con, were drawn to check out the
off-road chaos.
Laurel has also been partnering with the
Boulder Community Alliance to help promote
the Boulder-Escalante area as a destination
for non-motorized recreationists. As such, the
group developed a fantastic brochure highlight-
ing some of the hiking and other quiet recreation
opportunities in the region. Numerous local
businesses are listed on the brochure, which
is being distributed in hotels and other places
where visitors gather information about local
activities. It’s been very well received
in the community, and also received
two awards at a regional tourism
conference. The brochure provides
an exciting new model for countering
the dominance of off-road recreation in
southern Utah and Laurel hopes to cre-
ate similar brochures in other areas,
as well.
Wildlands CPR is helping to curb illegal off-road use and
the ecological damage it causes. Left photo courtesy of
Southern Rockies Conservation Alliance; dirt bikes by
Swan View Coalition.
11
WCPR Lawsuit Settlement Gives Boost to ORV Education
and Law Enforcement in National Parks
A
merica’s national parks are our
national heritage, as famous
for their dramatic beauty as for
their quiet solitude and incredible wild-
life. For many Americans, they represent
a rare chance to escape the harried,
noisy life in the city, to see natural sys-
tems at work.
But increasingly, the jarring world
of the city is creeping into our national
parks. Off-road vehicles are a case in
point, and while they aren’t allowed
in many parks, ecological damage and
user conflicts are on the rise from illegal
use. In addition, numerous parks allow
off-road vehicles, but have not met all
of their legal obligations for managing
such recreation.
Existing law gives park administra-
tors the ability and responsibility to
control off-road vehicle use, but in many
cases, funding shortfalls or political
pressures result in the problem being
ignored. With the recent settlement of a
longstanding lawsuit, park administra-
tors have finally acknowledged the se-
verity of the problem and pledged new
action to protect park resources.
As a result of the settlement, ten
parks will become part of a national pi-
lot program. Officers will conduct public
outreach and increased enforcement
over the next three years, including
officer training and, hopefully, setting
higher fines to create a deterrent.
The 10 national parks in the pilot
program are: Big Thicket National Pre-
serve, TX; Death Valley National Park,
CA; Joshua Tree National Park, CA; New
River Gorge National River/Gauley River
National Recreation Area, WV; Ozark
National Scenic Riverway, MO; Para-
shant National Monument, AZ; Santa
Monica Mountains National Recreation
12
Area, CA; Sleeping Bear Dunes National
Lakeshore, MI; St. Croix National Scenic
Riverway, WI; and Wupatki /Sunset Cra-
ter Volcano National Monuments, AZ.
In 1999, Bluewater Network, a divi-
sion of Friends of the Earth, Wildlands
CPR, National Parks Conservation As-
sociation (NPCA) and dozens of other
organizations filed a rulemaking petition
requesting that the Park Service take ac-
tion to prevent off-road vehicle damage
in the national parks. After meeting with
the plaintiffs in July 2004, the Park Ser-
vice conducted an internal survey of il-
legal, off-road vehicle use at all national
park sites. The 256 responses demon-
strated that off-road vehicles are caus-
ing widespread damage in America’s
national parks. At Joshua Tree National
Park in California, for instance, off-road
vehicles are often illegally used on park
trails—risking the safety of visitors
enjoying those same trails on foot or on
horseback. Today, miles of tire ruts scar
the park’s fragile desert landscape.
In 2005, the three groups joined
together to file a lawsuit after the NPS
failed to adequately respond to the peti-
The settlement should help the Park Service educate ORV users to
address user conflicts and resource damage. Photo by Laurel Hagen.
The Road-RIPorter, Summer Solstice 2008
tion or the results of their internal sur-
vey. More importantly, they had failed
to adequately manage off-road vehicle
impacts and use in the parks.
The settlement requires the Park
Service to develop environmental
impact statements and special rules
governing the ongoing, legal use of off-
road vehicles at Glen Canyon National
Recreation Area in Utah, and Cape
Lookout National Seashore in North
Carolina. It also requires similar action
before the Park Service can permit off-
road vehicles at Amistad National Recre-
ation Area in Texas or at Big South Fork
National Recreation Area in Tennessee.
In parks where the Park Service
has lawfully authorized use of off-road
vehicles, the settlement requires the
agency to reinforce its commitment to
resource protection. Specifically, park
superintendents’ power to terminate or
suspend off-road vehicle use is reaf-
firmed, in cases of damage to park trails
or other resources, or if a park doesn’t
have sufficient law enforcement capac-
ity to monitor and manage use. These
parks must also display where off-road
vehicles may lawfully operate.
Utah County Loses Bid to Control Hatteras Decree
Public Land Roads Limits ORVs

I T
n a May decision that may finally close one chapter in the ongoing battle over hree popular areas in Cape Hat-
public land access, a District Court struck down an effort by a Utah county to teras National Seashore have
assert rights-of-way over roads crossing federal lands. been closed to off-road vehicles
under a consent decree signed by
Last year, public officials with the Grand Staircase-Escalante National Monu- District Court Judge Terrence W. Boyle.
ment, Glen Canyon National Recreation Area, and nearby federal lands limited The decree is the result of lawsuit filed
public access to protect resources, and Kane county responded by erecting signs last fall by a coalition of organizations
declaring the roads open. The county based its claim on the antiquated RS 2477, including National Audubon Society,
arguing that it held valid rights-of-way. Southern Utah Wilderness Alliance and The Defenders of Wildlife, and others.
Wilderness Society filed suit to challenge the county.
The suit contended that the Na-
RS 2477 did, at one time, grant rights-of-way, but the law was repealed in 1976. tional Park Service had failed to regulate
Existing claims were grandfathered in, and many counties have tried to assert off-road use along the seashore, al-
claims based on that fact. Then, in 2005, the 10th Circuit Court of Appeals ruled though they had been required to do so
that state law establishes the standard for ownership of roads. In Utah, that would since 1972. The court agreed, and also
require 10 years of continuous use prior to 1976. The court ruled that Kane County found that the NPS interim plan failed
would need to prove this continuous use standard in order to establish a valid to protect wildlife, including shorebirds
claim. and sea turtles. A long-range plan has
yet to be adopted, but will be drafted by
In the absence of such a claim, the court ruled that the county’s actions vio- a committee.
lated the Constitution’s Supremacy Clause, which holds that federal law trumps
state and local law. “By placing signs within the monument, the county has encour- Also named as defendants in the
aged, sanctioned and facilitated public motor vehicle use of federal lands that [the suit were the U.S. Fish and Wildlife Ser-
Bureau of Land Management] officially closed to protect the monument’s values,” vice and the Director of Cape Hatteras
said District Judge Tena Campbell. National Seashore.

As we were going to press, new

federal legislation was introduced to
overturn this consent decree and al-
low ORVs back in the areas that were
closed. We’ll keep you posted if this
moves forward.
Colorado Clamps Down on ORVs

C
olorado Governor Bill Ritter recently signed into law
a bill that allows state law enforcement officers to
enforce laws on off-road vehicle use on federal lands.
The first of its kind, this legislation should help boost efforts
to control illegal off-road use. The Southern Rockies Conser-
vation Alliance, Colorado Mountain Club, Colorado Wildlife
Federation and others were key supporters and instrumental
in passing this law — congratulations to them for a prec-
edent-setting victory!

The new law prohibits motor vehicle use on public lands

unless land managers have authorized such use. Forest
maps and signs will illustrate roads open to use; all other
areas are off-limits.

The bill also included increased fines, which were higher

than the existing Forest Service fines. Interestingly, however,
the federal agencies in Colorado were in the midst of a re- Signing ceremony for Colorado’s landmark law. Photo courtesy of
view of their ORV fines and raised them significantly shortly Aaron Clark.
after the CO bill passed. Let’s hope these new deterrents
and enforcement capacity will make a difference!

The Road-RIPorter, Summer Solstice 2008 13

 Bibliography Notes summarizes and highlights some of the
scientific literature in our 15,000 citation bibliography on the
physical and ecological effects of roads and off-road vehicles. We
offer bibliographic 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.

The Effects of Motorized Access on Wildlife

in the Northern Rockies
By Greg Peters

T
he U.S. northern Rocky Mountains cover a huge area of relatively
pristine and undeveloped land, creating unique areas of core habi-
tat for many important carnivore and ungulate species. However,
many parts of this region also have a long history of resource extraction
and road building. On Forest Service lands alone, there are more than
50,000 miles of roads. Today many areas in this region are being rapidly
developed and critical wildlife habitats are increasingly being fragmented.
In this paper, I review recent studies regarding the effects of roads and mo-
torized vehicle access on carnivores and ungulates in the northern Rocky
Mountains. Numerous other studies, outside the geographic focus area,
are not addressed.

Ecosystem Effects Black bear using restored road, caught on film by a

Overall ecosystem effects of motorized vehicles and roads are well
documented. Roads contribute to habitat fragmentation, decreased
habitat effectiveness, interrupted migration and travel patterns, increased
human-wildlife encounters, and increased direct mortality (Havlick, 2002).
While roads are linear and fragmenting, they do offer some level of predict-
ability for wildlife. Off-road vehicles (ORVs), however, travel on trails or
cross-country on snow or open landscapes, and are not generally predict-
able. This further decreases habitat effectiveness, and creates additional
opportunities for direct collision and negative human-animal encounters
(Havlick, 2002).
ORV technology has advanced considerably in the last two decades,
and machines can now travel much farther and faster than ever before.
This obviously increases the ability of users to venture deeper into the
mountains. As well, ORV ownership has skyrocketed in the last decade.
As of 2003, there were approximately 36 million registered all-terrain ve-
hicles (ATVs) and 12 million registered snowmobiles nationwide (Brinin-
stool, 2006).
Grizzly Bear
Heavily studied in the past two decades, grizzly bears show behavior
modification and mortality effects from roads and vehicle use (For a more
comprehensive review see the RIPorter 13.1). In a study examining habitat
selection, road density and vehicle traffic effects on female grizzly bears
in the Swan Mountains of northwest Montana, Mace et al. (1996) reported
that habitat selection decreased in direct proportion to road density. Dur-
ing spring, when bears are most vulnerable and when vegetation avail-
ability increased at low elevations, bears selected habitat with an average
density of 0.52 km/km2. In summer, when vehicle traffic counts were high-
est, bears again negatively selected for areas with a higher road density.
Wildlands CPR remote camera.
Negative selection continued through the fall,
when average road density for selected habitat
was 0.34 km/km2. In addition, bears negatively
selected for roads that had traffic counts of over
10 vehicles per day (Mace, et al. 1996).
A study in the Badger-Two Medicine area of
the Lewis and Clark National Forest in Montana
found that bears selected against a 200-900m
zone surrounding ATV trails and selected against
a 400-650m zone surrounding single-track trails
with some motorbike use (Graves, 2002).
Wolves
Wolves have also been extensively studied
in the northern Rockies. Most importantly for
wolves is the direct correlation between mortal-
ity and roads. In a study on wolf dispersal from
Glacier National Park, 21 of 25 dispersing wolves
were killed by humans (15 shot, 4 poisoned, 2
trapped), and they were killed within 200m of a
road or seismic line (Boyd and Pletcher, 1999).
Whittington, et al. (2005) reported unpublished
Parks Canada data that 43 wolves had been
killed by vehicle collisions from 1994-2004 in
Jasper National Park.

14 The Road-RIPorter, Summer Solstice 2008

 While studies in the Midwest suggest a 1mi/mi2 threshold for
wolf persistence, wolves in the Rocky Mountains will often utilize
habitat with higher road densities than in the Midwest (Claar, et
al. 1999). Numerous studies from both the Midwest and the Rocky
Mountains point out that wolves will generally select areas of
higher road density when there is low human presence and select
areas of lower road density as human presence increases (Fuller,
et al. 1992; Whittington, et al. 2005; Boyd-Heger, 1997).
Canada lynx
Few studies address the effects of motorized vehicles on lynx
in the northern Rockies, however, two recent studies report con-
founding results. A 2004 study in the Uinta Mountains of northeast
Utah discovered that coyotes do utilize compacted snow trails
caused by snowmobiles to access deep snow habitat preferred
by lynx. The authors showed that 70-80% of coyote tracks were Elk using restored road on the Clearwater National Forest;
located in areas that had snowmobile trails present over 60% of captured by a Wildlands CPR remote camera.
the time (Bunnell, et al. 2004).
A 2007 study, however, reported little interspecies competition
between lynx and coyotes. Conducted in the Seeley Lake area, a popular
snowmobile destination in northwest Montana, researchers concluded
that although coyotes did use compacted snowmobile trails more than
expected, it was unlikely that the trails strongly affected interspecies com-
petition (Kolbe, et al. 2007).
Wolverine
There is a limited amount of data regarding wolverines and motor
vehicles; however, there are comprehensive habitat and mortality stud-
ies that can be used to extrapolate vehicle effects on wolverines. A study
of wolverine habitat use in central Idaho found that wolverines generally
prefer high elevation habitats throughout the year and in areas with high
roadless percentage (81% roadless in study area), they did not select nega-
tively against roads (Copeland, et al. 2007).
A study in British Columbia concluded that female wolverines nega-
tively selected for habitat in areas that had helicopter and backcountry
skiing and for areas that had been logged while positively selecting for
roadless areas (Krebs, et al. 2007). A study in Montana concluded that
trapping is a significant source of mortality for wolverines. Of the 14
known mortalities during the study period (2001-2005) nine were from
trapping. Roads and trails allow access for trappers and thus act as a sig-
nificant impediment to wolverine population viability (Squires, et al. 2007).
Elk
Nearly all the scientific literature agrees that increased road densi-
ties result in decreased elk populations (for further review, see Rowland,
et al. 2003). In a seminal study, Lyon (1983) stated that at road densities
of 1 mi/mi2 effective elk habitat was reduced by 25%. At road densities
of 2 mi/mi2 effective habitat decreased by 50%, and at road densities of 6
mi/mi2 elk use of suitable habitat declined by 75%. Other studies corrobo-
rate a decrease in elk populations, success of elk hunting, and increased
poaching as road densities increase (Gratson and Whitman, 2000; Canfield,
et al. 1999).
Perhaps the most informative study on elk and ORVs was conducted
in the Starkey Experimental Forest in northeast Oregon. Wisdom et al.
(2004) subjected the elk to a series of disturbances by all terrain vehicles
(ATVs), mountain bikes, horseback riders and hikers in a controlled
experiment. Probability of elk flight response for ATV, mountain bike and
hiking disturbances was 0.65 when the disturbance was at close range
The Road-RIPorter, Summer Solstice 2008
(under 500m), and 0.55 for horseback riders.
Beyond 500m, probability declined for hiking
and horseback riding, but remained high for ATV
and mountain biking until distance increased to
1500m. Additionally, elk moved more when sub-
jected to ATV and mountain bike activity than
horseback or hiking (Wisdom, et al. 2004).
A Yellowstone National Park study reported
generally minimal behavior response by elk to
over-the-snow activity in the park. However,
the authors acknowledged that behavioral
responses varied depending on number of
participants, number of animals in a group,
location of animals (meadow, forest, geothermal
habitats), and interaction times (White, et al.
2005). Additionally, some studies indicate that
elk non-behavioral responses to snowmobiles
in Yellowstone National Park are significant. A
2002 study reported that fecal glucocorticoid
levels (a measure of stress) paralleled snowmo-
bile activity and were higher for snowmobiles
than for wheeled vehicles (Creel, et al. 2002).
Conclusion
Motor vehicles affect wildlife on both an
ecosystem and individual scale throughout the
northern Rocky Mountains of the U.S. While
additional research is needed to examine the
particular effects on specific species and popula-
tions, almost all scientific evidence points to
increased habitat fragmentation, decreased
habitat suitability, direct mortality effects, and
increased flight response across species and
habitats. As motor vehicles, particularly off-
road vehicles, continue to penetrate areas of
historically secure habitat, wildlife will continue
to feel negative effects.
— Greg Peters is a University of Montana
Environmental Studies graduate student and
currently an intern with Wildlands CPR. He
initially conducted an assessment on this topic for
American Wildlands.
15
 — continued from previous page —

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Bulletin 28(2):302-310. White, P.J., T. Davis, and J. Borkowski. 2005. National Park
Graves, T. 2002. Spatial and temporal response of grizzly Service Report: Wildlife Responses to Winter Motorized
bears to recreational use on trails. M.S. Thesis, Recreation in Yellowstone. Yellowstone Center for
University of Montana, Missoula. Resources; Montana State University, Bozeman, MT.
Havlick, D. 2002. No Place Distant: Roads and Motorized Whittington, J., C. St. Clair-Cassady, G. Mercer. 2005. Spatial
Recreation on America’s Public Lands. Island Press. responses to wolves to roads and trails in mountain
Washington DC. valleys. Ecological Applications 15(2):543-553.
Kolbe, J., J. Squires, D. Pletscher, and L. Ruggiero. 2007. The Wisdom, M., H. Preisler, N. Cimon, and B. Johnson. 2004.
effect of snowmobile trails on coyote movements within Effects of off-road recreation on mule deer and elk.
lynx home ranges. Journal of Wildlife Management Transactions of the North American Wildlife and Natural
71(5):1409-1418. Resource Conference 69.
Krebs, J., E. Lofroth, and I. Parfit. 2007. Multiscale habitat
usage by wolverines in British Columbia, Canada.
Journal of Wildlife Management 71(7):2180-2192.

16 The Road-RIPorter, Summer Solstice 2008

 Report Documents Emissions and
Health Impacts of California ORVs

M
otorized off road vehicle use in California releases as much green-
house gas as burning 500,000 barrels of oil each year — equiva-
lent to more than 1.5 million car trips from San Francisco to Los
Angeles — according to a report released by the Center for Biological
Diversity and the Clean Air Initiative.

Fuel to Burn: The Climate and Public Health Implications of Off-Road

Vehicle Pollution in California is the first report to assess the impacts of off
road vehicle use on human health and global climate change.

According to the report:

• Recreational off road vehicles — including dirt bikes, all-terrain
vehicles, and snowmobiles — consume 26 million gallons of gasoline
each year in California;
When the dust settles, the health impacts of off-road
• Pollution from these vehicles has doubled in the past 15 years. Some vehicles are both significant and adverse. Wildlands CPR
off-road vehicles emit more pollution per hour than 30 automobiles; file photo.

• The state of California contributes to the problem by providing fi-

nancial support and permits to federal land-management agencies that
encourage off-road recreation on their lands.

California has among the poorest air quality in the nation and is home
to 13 of the 20 counties most at risk of health impacts from smog. Off-road
motorcycles and all-terrain vehicles produce 118 times as much smog-
forming pollution as modern cars on a per-mile basis. Still, California con-
tinues to exempt the most polluting off-road vehicles from state air-quality
laws.
The report recommends:
• Reducing emissions from off-road vehicles to at least 1990 levels by
2020 with further reductions to 80 percent below 1990 levels by 2050,
to be consistent with the Global Warming Solutions Act (AB 32) and a
gubernatorial executive order;
• Requiring that federal agencies applying for state funding and
permits adequately address the greenhouse gas emissions and air pol-
lution associated with off-road vehicle use;
• Eliminating loopholes that allow continued use of polluting off-road
vehicles that fail to meet state emission standards; and
• Rejecting federal permit applications for continued or expanded off-
road vehicle use on public lands in areas that do not meet air-quality
standards.
The Center for Biological Diversity is a na-
tional nonprofit conservation organization with
more than 40,000 members dedicated to the pro-
tection of endangered species and wild places.
The Clean Air Initiative, a project of the
American Lung Association of San Diego &
Imperial County, is dedicated to improving the
air quality and health of residents in Imperial
County and the Mexicali border region through
education, advocacy, and support. Its members
include health care agencies, nonprofit organi-
zations, environmental agencies, and Imperial
Valley community members.
For more information contact:
Chris Kassar, Center for Biological Diversity,
(520) 609-7685
Monique Lopez, Clean Air Initiative, (760)
554-9476

The Road-RIPorter, Summer Solstice 2008 17

Best Management Practices for Off-Road Vehicles
By Adam Switalski and Allison Jones

M
anagement of off-road vehicles (ORV) is
becoming increasingly difficult as more
people recreate on forestlands (includ-
ing federal, state, and private timberlands).
While ORVs have a disproportionate impact on
the environment compared to many traditional
forms of recreation, no universal set of guide-
lines exists for their management. Additionally,
with travel planning continuing across Forest
Service lands and other forestlands, a consis-
tent set of guidelines for planning and managing
ORVs is greatly needed.

Wildlands CPR and the Wild Utah Project

have established a set of best management
practices (BMPs), consistent with current forest
management policy and regulations, entitled
“Best Management Practices for Off-Road Ve-
hicle Use on Forestlands – A Guide for Designat-
ing and Managing Off-Road Vehicle Routes.” As
retired Forest Service Deputy Chief, Jim Furnish,
states in the Preface: “BMPs are intended to
provide a science-based consensus view of what
works best in dealing with specific management
challenges. Their value is that they eliminate Art by Laurel Hagen.
the need for everyone to invent the wheel over
and over again. BMPs are tried and true, real-
istic, cost effective, and practical. They allow route system that is fully enforced, use conflicts can be greatly reduced,
us to consolidate learning and profit from the and wildlife and their habitats can be protected.
experience of others.”
This document is not designed to address policy questions around off-
In this document, we first briefly discuss road vehicle recreation and whether or not it is a legitimate use of public
the pertinent laws and regulations that pertain lands. Instead it is intended to guide managers in those situations where
to ORV use and management. Following that is policy makers have decided that off-road vehicles will be allowed. Ad-
the presentation of the BMPs themselves broken ditionally, like all other science-informed management directions, the use
down into the following major categories: (1) and implementation of these BMPs must include adaptive management.
forest soils, (2) vegetation, (3) wildlife, (4) spe- Finally, effective implementation of these BMPs must be accompanied by
cial ecosystems, and (5) quiet users. The actual adequate funding and staff levels in order to ensure that necessary moni-
BMPs are separated into “Planning and Decision- toring and legal enforcement are carried out.
Making BMPs,” “Implementation BMPs,” and
“Monitoring BMPs.” Justification (such as refer- If these BMPs are followed, forest managers will be able to determine
ences to the scientific literature) of the BMPs im- over the long-term whether or not it is possible to accommodate off-road
mediately follows the BMP bullets in each major vehicle recreation while still protecting natural resources and quiet recre-
resource category. We close with a discussion ational activities. Land managers should be open to whatever the results
of how managers can apply these BMPs in their of monitoring show, including the potential that long-term studies may
decision processes, and needed future research show that off-road vehicle use is not an appropriate use of some forest-
on the social and ecological impacts of ORVs. lands.

These guidelines will help managers
designate appropriate routes, close inappropri-
ate routes, and manage ORV use to reduce use
conflicts and cause as little harm to the envi-
ronment as possible. With a well-planned ORV
Following is an excerpt from the BMPs for “forest soils.” To view the
full set of BMPs visit: http://www.wildlandscpr.org/ORV-BMPs
— Adam Switalski is the Science Coordinator for Wildlands CPR and Allison
Jones is the Conservation Biologist for the Wild Utah Project.

18 The Road-RIPorter, Summer Solstice 2008

1.1 BEST MANAGEMENT PRACTICES FOR FOREST SOILS

1.1.1 Planning and Decision-Making BMPs for Forest Soils

• Do not locate routes in areas with highly erodible soils.
• Locate routes only in areas with stable soils; avoid locating routes in areas with biological crusts.
• Do not locate routes to climb directly up hillslopes. Route grades should be kept to a minimum and not exceed a
15% grade.
• Do not locate routes above treeline or in other high elevation areas that are ecologically significant and/or especial-
ly prone to erosion.
• Locate routes a minimum distance (as listed below) from waterbodies and wetlands:
• Fish-bearing streams and lakes – 300 ft.
• Permanently flowing non-fish-bearing streams – 150 ft.
• Ponds, reservoirs, and wetlands greater than one acre –150 ft.
• Do not designate new routes requiring stream crossings and prioritize closure, re-routing or creating bridge cross-
ings for existing routes that have stream crossings.
• Do not locate routes in areas with soils contaminated by mine tailings, or mine tailings reclamation sites, at least
until they are recovered, fully stable and able to sustain safe ORV usage. If route construction is necessary, reclama-
tion activities should be completed prior to route construction.
• Close and restore routes that cause high levels of erosion (e.g., raise sedimentation above Total Maximum Daily
Loads (TMDL) and reduce native fish population potential).
• Require all motorized camping to occur in designated campsites. Reclaim undesignated motorized camping sites.

1.1.2 Implementation BMPs for Forest Soils

• Identify the type or types of soil and steepness in the area that is being affected by ORVs and use this information to
prioritize mitigation efforts and create target management objectives to minimize erosion.
• Identify where waterbodies and wetlands are located, where routes cross them, and whether there are fish present.
• Prioritize stream crossing closures and route relocations, and if necessary determine appropriate sites for upgrades
and/or bridge crossings.
• Ensure adequate maintenance of bridges and culverts on routes to help prevent unauthorized stream crossings that
might damage soils, streambanks, riparian vegetation, etc.
• Estimate the average soil loss for areas that are currently and obviously negatively affected by ORVs using the Uni-
versal Soil Loss Equation.
• Close and restore routes if the soils are determined to exceed standards for tolerable soil loss.
• If closing or moving a particularly damaging route is not possible, mitigate erosion with waterbars or other erosion
control measures.
• Close and restore areas that have become “mud bogging areas,” or are prone to “mud bogging.”
• Close and restore routes where it has been determined, through analysis, that cumulative impacts of erosive activi-
ties (e.g., ORVs combined with fire, livestock grazing, or other erosive stressors) are leading to a stream failing to
meet erosion standards.
• Prioritize for closure renegade routes going directly up hillslopes, into wetland areas (including wet meadows), or
adjacent to designated routes.
• Adaptively manage by closing or mitigating a damaging route if monitoring identifies that forest soil conditions are
no longer in compliance with planning and decision-making BMPs.

1.1.3 Monitoring BMPs for Forest Soils

• Monitor for the amount of erosion occurring on all routes (designated and renegade).
• Gather data needed for the Universal Erosion Soil Loss Equation.
• Regularly survey for and identify renegade off-route spurs.
• Map stream crossings without culverts or bridges and note stream sedimentation levels and visible soil/channel
impacts in these areas.
• Identify areas of significant amounts of bare soil or route-widening along routes through photos and route width
measurements.
• Monitor closed and restored routes to ensure the measures taken are effectively mitigating impacts to forest soils.

The Road-RIPorter, Summer Solstice 2008 19

 The Citizen Spotlight shares the stories of some of the
awesome citizens and organizations we work with,
both as a tribute to them and as a way of highlighting
successful strategies and lessons learned. Please
e-mail your nomination for the Citizen Spotlight to
andrea@wildlandscpr.org.

Citizen Spotlight on Mark Agee, Road

Removal Contractor
By Cathrine Walters Adams

I
n the winter of 1995-1996 the Clearwater National Forest in Idaho expe-
rienced a dramatic rain-on-snow event that caused extensive flooding
and more than 900 landslides. Due to a legacy of logging and associated
road-building, some areas on the Clearwater had road densities as high as
40 miles per square mile. These roads were the cause of more than half of
the 900 landslides in the region that year, several of which literally carried
area residents’ homes off the mountains.

The Clearwater National Forest (CNF) responded quickly, acquiring

emergency federal funds from Congress to begin an extensive road decom-
missioning program with the help of the Nez Perce Tribe. To date, the
agency, in partnership with the Tribe, has removed more than 600 miles of
unused, unsafe, and ecologically harmful roads.

Road removal provides high-wage jobs for local contractors, like Mark
Agee, whose work restores watershed integrity and reduces the likelihood
and severity of future landslides.

Four generations of Agees have resided in the Clearwater Valley of

north central Idaho, and most of this time Mark’s family has been in the
cattle and farming business. Mark grew up in Kooskia, ID and later at-
tended North Idaho College in Coeur d’ Alene for two years. After graduat-
ing he returned to his hometown and worked for 15 years in the timber
and lumber industries. During this time Mark’s brother had been doing
contract road maintenance work for the Forest Service, and in 1995 Mark
decided to start his own excavation business.

After the extensive flooding the following winter, Mark’s new busi-
ness suddenly became very busy. There was a lot of opportunity for work Photo courtesy of Mark Agee.
cleaning up damaged forest and county roads. He began the summer
of 1997 on the CNF reconstructing the main roads, and got his first road
removal project that fall. On that project he worked with Forest Service
employees Anne Connor and Christine Bradbury and learned a lot. Road
removal was very different from anything he had done before, and he says
it took him a long time to understand everything involved. There is a lot more to road
“There is a lot more to road removal than just pulling the fill and re- removal than just pulling the
contouring the road prisms,” Mark recalls.
fill and recontouring the road
Over the years he’s learned to properly remove a road, using tech- prisms.
niques such as clump-planting (transferring adjacent vegetation to the
newly restored roadbed to aid the establishment of native vegetation).
Stream reconstruction with good grade control structures is also essential.

20 The Road-RIPorter, Summer Solstice 2008

 “I believe that the time has to be spent doing the best job
possible to re-establish the vegetation and to make sure every-
thing is done to prevent soil erosion into the streams to protect
fish habitat and clean drinking water.”

After removing nearly 150 miles of roads throughout his

career on the Clearwater National Forest, Mark doesn’t believe
that road removal should be thought of as access restriction,
but rather as watershed and habitat improvement.

“I feel that what I have done on the Clearwater has helped

the water quality of this region, and promoted better habitat for
fish as well as wildlife in general.”

One of the steps to removing a road can require cutting

down trees to gain better access for equipment. Mark has
received complaints about this but says the vast majority of the
trees that he removes could never attain a merchantable size
due to the severe compaction of the roads.

“A tree may be 10 inches dbh, (diameter at breast height)

but has no tap root established and therefore can be tipped
over very easily and would never actually mature. Coming from
a timber-based community, I hear this comment continuously.”

The Clearwater National Forest has always had hourly con-

tracts for this type of work, but starting this year, they switched
to a fixed price contract like most of the other forests in the re-
gion. Mark preferred the hourly contract because there was an
inspector on site and he was only responsible for the equipment
work, while the Forest Service and Nez Perce Tribe completed
all the seeding and ground work.

“I like to have an inspector on the site most of the time to Photos of Doe
discuss different ideas about how to get the best job done in Creek, restored by
the least amount of time. With the fixed price contract, I believe Mark in 2000.
the quality of work can be compromised because of the lack of
Above, road has
influence on the job site by the inspectors. It is very difficult
been recontoured
to specify what methods and procedures should be used from and clumps planted.
site to site.”
Below, note the
Mark says he has been fortunate to have had the privilege armored stream
to work with people over the years like Anne Connor, Rebecca banks and rock
Lloyd (Wildlands CPR board member), Stephanie Bransford, and weirs.
Phyllis Heath to name a new, who worked with him on the road
Photos by Mark
removal and restoration projects. But he says it is still a learning
Agee.
process every year.

“I took the Applied Fluvial Geomorphology class given by

Dave Rosgen in 2001, and am very thankful that I did. I thorough-
ly enjoy doing stream channel reconstruction, and this class
helped me tremendously. I strongly encourage anyone inter-
ested in this type of work to take the time and effort to attend
this class.”

Mark has no idea what the future has in store for road re-
moval and restoration work, but says if there are projects to bid
on, he hopes to keep doing this very worthwhile work for years
to come.

“I honestly feel that I am making a positive contribution to

the land that I was raised in, and hope that my grandchildren
can have the opportunities to enjoy this country as much as I
have.”

The Road-RIPorter, Summer Solstice 2008 21

T
he rivers are raging in western Montana and throughout the west,
as spring runoff goes into high gear. Unfortunately this year’s heavy
runoff also means more road failures — as evidenced by numerous
stories from Washington and Montana in late May. While runoff may not be
directly responsible for keeping us busy, there’s lots and lots happening in
Wildlands CPR’s three offices.

Welcome
First, we’d like to welcome Franklin Seal as Wildlands CPR’s new
Communications Coordinator. Franklin comes to us after five years at the
Southern Utah Wilderness Alliance, where he was responsible for grass-
roots outreach and online organizing. Prior to that, Franklin worked as
a reporter for the Moab, UT paper, and he spent many years advocating
on other issues in the Pacific Northwest and in the southwest. He has a
perfect background for this position, being intimately familiar with off-road
vehicle problems and having extensive experience in both internet and
print media. Franklin will be overseeing communications in all of our pro-
grams and offices. We’re absolutely delighted to have him on board, but
you won’t find him in Missoula. With his roots in Moab, he’ll be working
from there, in an office with our UT ORV Coordinator, Laurel Hagen. But
he’s responsible for communications work on all of our programs, not just
UT, so keep an eye out for his work!

Greg Peters, who’s been working with us as an intern and a work-study

student, will be conducting a research/organizing project for us fulltime
this summer. Greg applied for a competitive scholarship at the Environ-
mental Studies Department at the University of Montana and was awarded
a Wyss Foundation Fellowship, which provides funding for him to work at Spring runoff often reminds us of what’s wrong with
a nonprofit for the summer, in addition to other funding during the school roads. Above, a perched culvert prevents fish passage;
year. And Greg chose to work for us – yes! He’ll be working on a project to below, a washout. Both photos by Adam Switalski.
identify restoration opportunities on tribal lands in the intermountain and
Pacific Northwest.

We’d also like to welcome Cassidy Randall, Aaron Kindle and Geoff
Fast. Cassidy is taking over all of the research and analysis of the FOIA
materials we received from the Forest Service regarding their ORV and
roads program. Aaron and Geoff are working on our watershed restoration
citizen monitoring program on the Clearwater National Forest in Idaho.
Aaron is responsible for organizing volunteers from MT to go into the field
for this project. Geoff is handling all of the monitoring and data analysis.
In addition, Friends of the Clearwater also partners with us on this proj-
ect, and they have a new Americorps volunteer, Sarah Aguilar, who will be
handling our field sites and volunteer recruiting near Moscow, ID for this
same project.

Thanks
Many thanks to all of you who renewed your membership or donated
in the past quarter. If you haven’t renewed yet, or if you’re interested in
joining our monthly supporter effort, just click on the “join” button on our
website, or send us a check! Your support makes all of this work possible!

Thanks, too, to the Cinnabar Foundation for a grant to support our

restoration program.

22 The Road-RIPorter, Summer Solstice 2008

 Support Wildlands CPR Today!
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The Road-RIPorter, Summer Solstice 2008 23

 Photo by Dan Funsch.
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The automobile, which began as a

transportation convenience, has become a
bloody tyrant, ... and it is the responsibility
of the Park Service, as well as that of
everyone else concerned with preserving
both wilderness and civilization, to begin a
campaign of resistance.

— Edward Abbey; Polemic, Industrial

Tourism and the National Parks
(in: Desert Solitaire, 1968)

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