Missoula Notebook

Is Tester’s Bill Our Best Bet For New Wilderness?


With its concessions to both industry and conservationists, the Forest Jobs and Recreation Act just might pass. Would that be a good thing?


By Sutton Stokes, 9-22-09

  Among the bill's proposed new Wilderness Areas are about 90,000 acres in Montana's Snowcrest Range, seen here from an <A href=
  Among the bill's proposed new Wilderness Areas are about 90,000 acres in Montana's Snowcrest Range, seen here from an Ecoflight Cessna 210. Photo by Dan Armstrong.

“What’s interesting to me about these mountain ranges is that they’re kind of subtle,” says Tom Reed. “You don’t realize how beautiful they are until you’re in them.”

Or over them.

Reed and I are in a 6-seater Cessna 210, buzzing just a few hundred feet above forests and meadows in the upper reaches of the Lima Peaks range, also known as the Garfield Mountain Roadless Area. Reed, the Wyoming/Montana backcountry organizer for Trout Unlimited, is in the co-pilot’s seat, pointing out the window at sections of the Beaverhead-Deer Lodge National Forest that would gain protection as federal Wilderness Areas under the Forest Jobs and Recreation Act of 2009. The act designates about 600,000 acres of new federally protected wilderness and also mandates logging 10,000 acres per year outside those areas, all in Montana. Senator Jon Tester is the sponsor of the legislation, which is supported by a coalition of environmental groups—including Trout Unlimited—as well as by members of the recreation and timber industries.

If passed, the Forest Jobs and Recreation Act would designate the first new Wilderness Areas in Montana since 1983, and I’m up here, in a plane provided by the non-profit Ecoflight, to get a first-hand look at what the bill would actually mean to miles of backcountry in some of the most cherished wilderness in the state. Down below me is the battle zone: forests and landscapes treasured by hikers, loggers, snowmobilers, mountain bikers, horse packers, anglers, hunters, and oil and gas firms, among others. The Tester bill aims to protect wild land while satisfying as many of these groups as possible. But can it succeed?

“This kind of open, roadless country is pretty rare these days,” Reed continues. “This is an area where you’ve got pure Westslope cutthroat trout. You’ve got trophy mule deer that are highly desired by Montana hunters. There’s good elk hunting. It’s just stunning country, with tremendous wilderness qualities.”

The problem, Reed explains, is that—absent federal action to preserve the Lima Peaks and other similar areas—it might not stay stunning for long. For one thing, the level of motorized-vehicle incursions into potential wilderness areas is on the rise. Add enough jeep trails, motorcycle ruts, and other side effects of heavy use by humans, and it isn’t just the landscape that erodes: The legal case for extending wilderness protection weakens, too. And casual recreational use isn’t the only threat. Reed says some of the proposed new Wilderness Areas have been identified as having potential for oil or natural gas development, which could tear up the landscape with new wells, roads, and other necessities of drilling.

“Designating something as wilderness does heavily restrict what you can do there,” he says. “So obviously there are some people who would rather not see this act move forward.”

He’s right. Despite a recent poll that found 70 percent of Montana residents supporting Tester’s bill, the act does have some vocal critics (as does the poll itself). Interestingly, just as supporters of the bill include some traditional adversaries, there are odd bedfellows among the bill’s opponents, too.

This fact struck home for me when I was interviewing a representative of Sun Mountain Lumber, one of the timber companies pushing for passage of the bill. I was talking to Tony Colter, the company’s vice president and plant manager, and he made reference to “the opposition.” Normally, when I hear a logger talk about “the opposition,” I assume he’s talking about environmental groups. So it took me a moment to realize he was referring to the many (though not all) motorized-access advocates who have come out in force against the bill.

In other words, for perhaps the first time in history, people like Kerry White (of Citizens for Balanced Use) find themselves agreeing with people like Michael Garrity (of Alliance for the Wild Rockies)—agreeing, at least, that Tester’s bill is a bad idea.

That’s not to say that parties like White or Garrity have the slightest common ground when it comes to the alternatives they would prefer. White’s opposition arises from the fact that snowmobile access and oil, gas, or mineral extraction are not permitted in designated Wilderness Areas. “Wilderness designations are forever,” says White, and it’s clear from the way he says this that he thinks it ought to scare us.

Garrity, meanwhile, would prefer to see passage of the Northern Rockies Ecosystem Protection Act (NREPA), legislation that’s been in the works since 1991 but has never come up for a vote. While Tester’s bill would only protect a total of about 600,000 acres of wilderness—and only in Montana—NREPA would protect 10 times that amount in Montana alone, along with another 18 million acres throughout Idaho, Wyoming, eastern Oregon, and eastern Washington.

The problem from Trout Unlimited’s perspective, says Reed, is the local perception that NREPA is being imposed from afar, without attention paid to the needs and desires of Montanans.

“NREPA is a solution that comes from a New York congresswoman [Democrat Carolyn Maloney] whose concept of Montana is Jackson Hole, Wyoming,” Reed says. “We live in these communities—I live in a town that’s probably about 100 people—and we’re tired of fighting. We’re neighbors, we like each other. We want to see Joe at the mill continue to have his job, we want to have a place to go fishing and teach our kids how to fish, and we want to be able to go to a place where we can turn off the motor vehicles and get away from that kind of noise. [But] NREPA’s just never going to fly because it doesn’t get people on the ground involved.”

Indeed, the Tester act’s unconventional mixture of concessions to both conservation and industry have put us within reach of the first new wilderness designations in Montana in more than 25 years. It would, of course, be a mistake to conclude that just because this bill has brought together unusual coalitions, both in support and opposition, it must be the right way to go. There are well-reasoned arguments on both sides of this fight, and my colleague Bill Schneider has compiled many of them here.

From the sky and on the ground, however, it’s hard to credit opponents’ most dire argument, i.e., that the bill’s logging requirements would cause irreparable damage to wildlife, given that the number of acres that would be logged is minuscule compared to what would be protected.

More worrisome is the possibility that this act could “poison the well” when it comes to future Wilderness Area designations in Montana. Currently, less than 4 percent of Montana is protected as wilderness, and for a state with as much remaining open land as this one, that’s not a lot. Even if passed, the Tester act won’t increase that total by much, at the same time that passage could make it politically easier for Washington to move the issue firmly to the back burner, making new wilderness designations even harder to come by.

Another important criticism has to do with the bill’s language, which some critics deride as “sloppy,” in the sense that the wording contains ambiguous “mays” where some would prefer straightforward “shalls.” The bill might also leave too much wiggle room for ranchers and others to get around the commonly understood definition of wilderness.

But if it comes down to a choice between Tester’s bill and doing nothing (and, to be fair, Garrity argues that it doesn’t), it would be a shame to let this opportunity slip by.


Tomorrow: my Q & A with Tom Reed of Trout Unlimited.

Thursday: my Q&A with Tony Colter of Sun Mountain Logging.



Want more Notebook? Read the rest here. I’m also on Twitter, and I write a blog.



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