Lawsuit Filed to Protest KALMIOPSIS WILDERNESS From Vehicle Traffic, Logging, Resort Development and Mining

In an effort to protect Southwest Oregon's Kalmiopsis Wilderness from vehicular traffic, logging, resort development and mining, the Siskiyou Regional Education Project and Wilderness Watch filed a lawsuit today in Medford, Oregon challenging the Forest Service's decision to permit motorized access through the congressionally designated wilderness area. Attorneys Carrie Stilwell and Elizabeth Mitchell of the Western Environmental Law Center in Eugene, Oregon represent the conservation organizations.

The Regional Forester's decision would allow 4-wheel drive vehicles to use an old mining road, now a wilderness trail, to access patented mining claims deep in the Kalmiopsis on the Little Chetco River. While at this time the Forest Service decision limits the motorized access to eight round trips annually, the owner of the Little Chetco claims says this is unreasonable and that he needs at least two to three trips a day to run the lodge he's proposing to develop in the Wilderness. He's also written the Forest Service saying that he wants motorized access, to "salvage dying timber" and to support the "excavation of test pits" for a proposed mining plan. The owner in fact has refused so far to agree to the terms of the limited motorized access offered him by the Forest Service.

"While someone's not driving through the Wilderness right now, maintenance and motorized use of the trail to the Little Chetco could start next year as long as the Forest Service's decision remains unchallenged", states George Nickas of the Missoula, Montana based Wilderness Watch, a national Wilderness conservation organization. "The year 1999 marks the 35th Anniversary of the Kalmiopsis Wilderness. We decided a pro-active approach was needed to protect the public's interest in this long and acrimonious struggle over the integrity of the Wilderness".

The Kalmiopsis is one of this nation's premier Wilderness Areas, designated by Congress in the original 1964 Act. But even before this, beginning in 1946, motorized travel was not allowed in the rugged, wild canyons of the Kalmiopsis, under authority of the Secretary of Agriculture - except for access to valid mining claims. The current owner and applicant for motorized access acquired the Kalmiopsis Wilderness land through a mineral patent he applied for in 1984. Under provisions of the 1872 Mining Law, title to the 60 acres of mining claims along the Little Chetco was transferred to his private ownership in 1988 for $2.50 per acre. Six years later the owner offered to sell the wilderness land he'd just paid $150.00 for back to the public for $850,000.00, but the federal government can only pay fair market value, so attempts to buy the land back fell through.

"The owner of this inholding simply used the 1872 Mining Law to purchase National Forest wilderness for the same price per acre as you'd pay for a Big Mac and fries," states Lori Cooper, of the Siskiyou Regional Education Project, a local grass roots organization based in Cave Junction, Oregon. "Now he's complaining HIS rights are being violated because the Forest Service hasn't given him the amount of access he wants for resort development on the former mining claims and for driving tourists and log trucks through the wilderness."

See attached fact sheet

Fact Sheet - Kalmiopsis Wilderness Lawsuit

· The Kalmiopsis Wilderness is located in the Siskiyou Mountains of Southwest Oregon and managed by the Siskiyou National Forest. The Kalmiopsis is legendary for it plant diversity and is the only wilderness area in the nation named for a plant, the diminutive shrub Kalmiopsis leachiana - first discovered in its wilds in 1930 by botanist Lilla Leach. The Kalmiopsis Wilderness is also nationally known for the three beautiful Wild and Scenic Rivers that flow through it - the Illinois, the Chetco and the North Fork Smith.

· The upper watershed of the Chetco River was designated the "Kalmiopsis Wild Area" under authority of the Secretary of Agriculture in 1946. The Forest Service regulations governing the Kalmiopsis Wild Area did not allow permanent roads or motorized access.

· The Kalmiopsis Wild Area became the Kalmiopsis Wilderness when Congress passed the Wilderness Act of 1964. Congress was concerned that increasing population and development and growing mechanization would modify all areas within the United States, "leaving no lands designated for the preservation and protection in their natural condition". The purpose of the Wilderness Act is "to secure for the American people of present and future generations the benefits of an enduring resource of wilderness".

· The 12-mile long road to the Little Chetco River was constructed through the Kalmiopsis Wild Area around 1952. Like the nearby road in the Kalmiopsis Wilderness accessing the Darrell Brown mining claims (which were recently reacquired by the public), the road to the Little Chetco was constructed without notifying the Forest Service or acquiring a permit. It was used to access several groups of mining claims. After the passage of the Wilderness Act, the road became part of the wilderness trail system but was still subject to specially authorized motorized use for access to existing mining claims.

· There is currently no authorized motorized travel in the Kalmiopsis Wilderness and motorized travel has never been permitted in the Kalmiopsis for the purpose of accessing private property or for resort development and operation or logging.

· The Little Chetco 1-3 and Emily 1-5 mining claims were located in 1958. Ownership of the mining claims was transferred to Carl W. Alleman, the current owner, in 1982. A mineral patent application was applied for on the Little Chetco claims in 1984, twenty years after the area was Congressionally designated Wilderness. The patent was granted under provisions of the 1872 Mining Law, and ownership of the 60 acre Little Chetco claim group was transferred to Mr. Alleman in 1988 for $2.50 per acre. With the transfer of title, the Little Chetco "patented" mining claims became subject to the Wilderness Act's restrictions governing access to private inholdings.

· Port Orford cedar is a beautiful conifer that lines many streams in Southwest Oregon and Northern California, the extent of its native range. The cedar is being killed by a non-native pathogen introduced into its range around 1952. The loss of ancient streamside cedar from the root disease will impact biological diversity, water quality and salmon and steelhead habitat. The Kalmiopsis Wilderness is the largest protected area containing Port Orford cedar.

· The Port Orford cedar root disease was introduced into the Kalmiopsis Wilderness in the area of the Little Chetco and Emily group mining claims in the early 1990's. While investigating scientists could not determine exactly how the disease was introduced, they were of the opinion that the disease may have been brought into the Wilderness by vehicle or mining activity near the mining claims on the Little Chetco and then transported upstream by off-trail hikers or wildlife. Watershed-based exclusion of vehicles, heavy equipment, and activities facilitated by road use is the most effective means of preventing further spread of the root disease in the Kalmiopsis Wilderness.

Information provided by:
Barbara Ullian
Conservation Director
Siskiyou Regional Education Project
P.O. Box 1877
Grants Pass, Oregon 97528

Phone/Fax (541) 474-2265
Email barbara@siskiyou.org

This document was prepared by Wild Wilderness. To learn more about ongoing industry-backed congressional efforts to motorize, commercialize, and privatize America's public lands, contact:

Scott Silver, Executive Director,
Wild Wilderness
248 NW Wilmington Avenue, Bend OR 97701
Phone (541) 385-5261 E-mail: ssilver@wildwilderness.org