March 26, 2007


Congressman Doc Hastings
1214 Longworth House Office Building
Washington D.C. 20515

Re: Upper Stehekin Valley Road in the North Cascades National Park

Dear Congressman Hastings,

I have previously written to you regarding the decision by the North Cascade National Park to close the Upper Stehekin Valley Road. This eliminates fully one third of the day hiking opportunities and trail access within the park. With the closure is a request to re-designate the existing road corridor, along the river, as Wilderness. This will require an act of Congress. That same act of Congress is an opportunity to trade Wilderness along the river for an equal amount of non wilderness allowing the road to move to its pre 1930's location. This dirt road is still largely intact and away from the river and the continual maintenance issues associated with flooding. Relocating the road would preserve access to the upper valley trails for families with children, elderly, day hikers and those not able to carry full packs for long distance backpacking. It would also preserve the opportunity to see the valley from a National Park Shuttle for anyone of any physical ability.

This is a situation that occurs in numerous other places where Wilderness designation overlays parks or recreation areas. The proposed Wild Sky Wilderness area has similar problems. The road between Index and Jack's Pass has washed out and rebuilding it out of the flood plain and within the mapped wilderness corridors requires some flexibility but the clear intent is to keep the road. An attempt to designate the area as Wilderness and close the road and access to trails would be very difficult indeed and is not being pursued. Similar situations exist on the Dosewallips within Olympic National Park and other places. Flexibility to allow local management of existing recreation, access and management plans to continue within clear guidelines and allow decisions to be made that will lessen maintenance issues can be an important component of how Wilderness designations are formalized. In addition, I can find nothing within any wilderness policy guidance or legislation that would specifically seek to exclude ALL access or pre-existing uses and believe it was the intent of the Stephen Mather Wilderness Act to keep the road open.

I think there is a misconception that all Wilderness Areas are the same and this inflexibility is part of designating Wilderness. In the Denali Wilderness, flexibility was given to relocate road corridors as needed to preserve access. I clarified this information which I originally received from Mr. Paleck, the retired North Cascades National Park Superintendent, with Mr. Belcher, the Acting Superintendent. I will quote from his February 8, 2007, letter to answering my request for information and have included a copy in my mailed packet.

"Regarding your question, I believe the information you are seeking is found in the Alaska National Interest Lands Conservation Act (ANILCA; public law 96-487). ANILCA established, among many things, the 1.9 million acre Denali Wilderness – but it exempted the 88-mile park road corridor. According the Denali park staff, the legislation affixed the location of the wilderness boundary to varying distances from the centerline of the Danali Park road, as opposed to a specific location on the ground. In the event of a flood, the NPS could relocate the road and wilderness boundary would move with it. I believe this is the example Mr. Paleck was referring to, although Denali National Park and Preserve has an alternative authority for moving the wilderness boundary.

Section 103(b) of ANILCA gives Denali the flexibility to make minor adjustments to "Conservation System Units" (CSU's), including CSU's with designated wilderness. CSU's are land areas the size of a Township (6 by 6 miles; 23,000 acres). This authority was intended to correct errors in mapping that occurred during the rush to pass the ANILCA legislation in the lame duck session after the 1980 elections."

Designating a non Wilderness Road corridor boundary as an inflexible point on a map or as something that moves as needed with changes in the landscape are both enacted laws. The "National Park System Preparation of Wilderness Maps and Boundary Descriptions" actually provides a hierarchy of desirability of Wilderness Boundary methods with "natural features which are locatable on the map and on the ground" (read that as rivers and shorelines which move) number one, "semi-permanent man-made features which are locatable on the map and on the ground" (read that as road centerlines, trails, etc as in the Denali example) number two, and "previously surveyed or legally determined lines" number three etc. So, if we simply move to the first two preferred options there would have been flexibility to relocate the road without needing to insert Congress into the management issue. We could even argue that leaving the road in the river corridor and the river corridor out of Wilderness is one of those "mapping errors" that needs to be corrected.

In the 1964 Wilderness Act the purpose is stated "and these shall be administered for the use and enjoyment of the American people in such a manner as will leave them unimpaired for future use and enjoyment as wilderness". It doesn't say for wilderness only, absent people. The act also continues all sorts of previous uses such as aircraft, motorboats, grazing, mineral leases, and allows for Commercial services in a limited way.

We are talking about a very few miles of dirt road that allowed very limited traffic and opened an incredible world to many of us. This road is also important to the identity and existence of the Stehekin Community. Closing this road results in less than 20 acres being designated Wilderness and yet it effectively shuts out the majority of visitors who used the Park. I am a day hiker and it was here I fueled my passion for conservation. I am also a Stehekin property owner and know first hand the importance of this road to the community.

I sincerely hope you will consider the proposal to reopen and move the road and give some flexibility to local management decisions. Thank you for your attention to this important matter.

Sincerely,
Terry Lavender

cc: Senator Maria Cantwell
17304 208th Ave. N.E. Senator Patty Murray
Woodinville, WA 98077 Congressman Jay Inslee
425 788 2304 tlavender@worldnet.att.net Congressman Norm
Dicks Governor Chris Gregoire
Senator Linda Evans Parlette