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The Battle for The Badlands

Feb. 16, 2000
By Kyla Merwin
the Source Weekly

Stretching 34,000 acres through the desert, 10 miles southeast of Bend, are The Badlands ¬one of the most fascinating and rare geological sites in Eastern Oregon. Entering through the dry and prickly vegetation, which is a signature of the high desert, into a soft-muted and wild arena, the land begins to reveal secrets. Canyons are carved in stony seclusion. Rock cauldrons, stirred from water and stones, hold precious desert water and a rare perspective on time. It’s a hard scrabble land with the surprise of soft airy sand, green mossy rocks, and grandfather junipers standing through the centuries.

This area is very important to hikers, bikers, ranchers, horseback riders, and off-road vehicle enthusiasts. And there’s a fight on over it.

The Stakeholders
There are many players in this game of use and ownership. The land belongs to the public, managed by the Bureau of Land Management (BLM), which is charged with the task of managing its recreational use, resource value (grazing) and natural characteristics. Off-road vehicle users want access to its trails, for weekend recreation and the freedom wrought in speed and wide open spaces. Federal permits are held by local ranchers which allow them rights to graze their cattle on it.

The Oregon Natural Desert Association (ONDA) is a non-profit environmental organization waging a holy war to get cattle grazing off of it. Finally there are several adjacent land owners who want to see off-road vehicles restricted or banned from it. This conflict has spawned an unusual alliance between two factions typically on opposite sides of the ‘public lands’ fence. The Oregon Natural Desert Association is working with local rancher Ray Clarno, who is passionate about the restriction of motorized vehicles in the Badlands.

Clarno has gathered signatures of neighboring landowners about the nuisance and destruction caused by OHV use and is strategizing with ONDA on the matter. ONDA sees the elimination of OHV’s as a strong step in preserving the Badlands as wilderness, in additional to removing cows from the area. Toward that end, ONDA is seeking the permanent, voluntary retirement of grazing permits in the Badlands.

Currently, if a rancher wants to retire his or her public lands grazing permit, the BLM will re¬issue that permit to another rancher. The Oregon Natural Desert Association is working with Senator Wyden on legislation which will require the BLM to honor a rancher’s request to either sell or donate their permit to a land conservancy, or retire it into the government’s hands.

Clarno has created a unique situation, which ONDA is very excited about, because as one of the permittees in The Badlands, he wants to be able to retire his grazing permits. Said Clarno, “With fair and adequate compensation I would move my cattle out of the area.” However, Clarno says that the federal government or a land conservancy would have to compensate a permit holder in order for them to remove their cattle. “I would need to buy enough water to irrigate tillable land in order to maintain the same number of cattle elsewhere.”

There’s some back scratching going on. The Oregon Natural Desert Association wants the cattle off. The landowners want the vehicles out. Clarno is willing to retire his grazing permits in The Badlands in return for ONDA’s help in getting legislation passed that would designate The Badlands as a Wilderness Area and thereby eliminate the presence of any motorized vehicles.

The Land:
Larry Chitwood, Geologist for the United States Forest Service, has done extensive research on the volcanic rock formations in The Badlands. While the Forest Service has no direct role in managing The Badlands, Chitwood is an expert on the geology of the area. “I became very interested in and excited about the particular type of lava in The Badlands,” said Chitwood. “It’s what I call inflated lava.” There was virtually nothing written about this type of lava when Chitwood began his research. “When fluid lava flows over gentle instead of steep landscapes, unique features develop. Badlands have extraordinary examples of land formation, particularly Badlands Rock and The Castle.”

During the Ice Age, in the Pleistocene era, a prehistoric river cut a canyon 300 feet deep into The Badlands, now known as Dry River Canyon. “This created wonderful features related to the old river channel,” said Chitwood. “Water-worn rocks, little canyons, and pictographs – Indian paintings… add to the sensitivity of the area and its unique qualities.” Chitwood supports the notion of eliminating motorized vehicle use in The Badlands. “You bet it’s a good thing,” stated Chitwood. “The Badlands is a Wilderness Study Area under the BLM. That’s very important.”

For Chitwood, The Badlands are no place for ATV’s. “One thing is clear. In the case of The Badlands, the existing roads are still open and you can still drive through there. But you’re not supposed to be off the road. This helps maintain as much of its wilderness characteristics as possible. It’s a very fragile environment.” Two main geological features make up The Badlands, according to Chitwood. “It’s a shield volcano,” explained Chitwood, “made up of basaltic lava flows.

On top of the lava flows the soil is made up of wind blown ash. Half of that is Mazama ash. When Mt. Mazama erupted 7600 years ago at Crater Lake, it left about a foot of ash all over The Badlands. These soils are very sandy – like beach sand – similar particle sizes, which are easily displaced. Anything growing is going to be damaged, uprooted by [recreational] use. Even by simply stepping on it. There is no clay or fine grain soils to help bind things together. Everything is so easily moved.”

Alice Elshoff, who used to teach school in Alfalfa and Bend, is a long-time desert activist and is on the Board of Directors for the Oregon Natural Desert Association. Says Elshoff,  “It’s a jewel of an area, with year-round hiking. One always sees the tracks of numerous different animals.” Elshoff cited elk, deer, prong horn antelope and coyotes as well as kangaroo rats,

deer mice and ground squirrels as the mammals common to The Badlands. “It’s also a great place for solitude,” added Elshoff.

The Damage
The Badlands were designated a Wilderness Study Area in the late 1970’s by the Federal government. Still, illegal use of these lands continues by off-road vehicle users. In a February 2000 letter to the Deschutes County Commissioners 15 neighboring land owners signed a letter stating that they were “… experiencing destructive activities by individuals coming on and off The Badlands in their vehicles, such as fence cutting and destroying gates.” Other “common illegal activities” cited in the letter were cutting trees, taking rock formations, dumping garbage/ furniture/ waste, campers leaving trash, stripping stolen vehicles/leaving stripped vehicles behind, cross country travel, bon fires and partying, trespassing onto private property, livestock killed by arrows and bullets, and poaching.

Said Clarno, “These are individuals who want full reign to do whatever they want, whenever they want.” Clarno says the BLM has had difficulties controlling The Badlands and has been ineffective in curtailing illegal activities due to a shortage of funds and regulatory personnel. While the BLM has posted signs in the area, Clarno and other landowners contend that the increase in population in Central Oregon has resulted in continued illegal activities in The Badlands.

BLM Resource Area Manager Shaaron Netherton listed similar damage to The Badlands in a letter dated May 11, 1999, and added concern about “user-created roads that impact public resources such as soils, riparian areas, wetlands and wildlife habitat. It is the BLM’s task she wrote, “to manage such lands … in a manner not to impair the suitability of such areas for preservation as Wilderness.”

Daniele McKay, Membership Coodinator for the Oregon Natural Desert Association, says now is the time to address this issue. “Places like this become really important in a growing urban area like central Oregon. In five years it will be too late,” stated McKay. “There will be too many forces lined up against keeping The Badlands natural and wild. It’ll be another Shevlin Park. We don’t know what we have until we lose it.”

Stu Garrett, President of the High Desert Chapter of the Native Plant Society of Oregon, is intimately familiar with the Badlands and understands its unique qualities and value. Said Garrett, “I know of no better spot to see the Western Juniper at its finest. They are old and craggy and struggling for survival in the lava. The oldest tree in Oregon - which is over 1600 old - is located just the other side of the road from The Badlands. There may very well be trees just as old or older in The Badlands that we just haven’t discovered yet.” Elshoff states, “The Badlands are way too precious to be trashed. Now is the only time we have to save it.”

Recreational Users
Pam Falcioni, Past President of the Central Oregon Motorcycle and ATV Club, says that The Badlands are an inappropriate choice to be a designated wilderness area. “The Badlands are an unusual area to be construed as wilderness because of the historic motorized and non motorized use in that area,” said Falcioni. “It would be real counter intuitive, according to what most users and environmentalists would think of as a wilderness area. Some areas are pristine and shouldn’t have use at all. But The Badlands have been used historically for OHV (off highway vehicle) use since 1950.”

Garrett, of the Native Plant Society, says he couldn’t disagree more about the suitability of The Badlands as wilderness. “One of the main requirements of a wilderness designation is sense of solitude and wilderness values,” said Garrett. “It is easy to get a strong sense of solitude there, away from the sights and sounds of civilization. There are no permanent marks of the impact of man. Things are the way they were 1000 years ago. The southern most part lies on the top of an ancient volcano. It’s young, rocky ground, not good for agriculture or grazing – but perfect for wilderness.”

Falcioni blames the BLM and its mis-management of The Badlands as the source of the problem. “There’s not a lot of trails out in The Badlands,” stated Falcioni. “Unfortunately the BLM doesn’t manage their land as well as the Forest Service in come cases. Conflicts with users – mountain bikers, hikers, OHV-users, horseback riders - have occurred on BLM land since the 70’s.”

Falcioni stated that if there was a well maintained trail system in The Badlands, there would be little or no problems. “It’s always the same 5% arguing against OHV use in any area,” said Falcioni. “Most of the time when you have a trail system that’s actually been designated and is kept up, the trails are guided away from any property owners. In those cases we have no problems with property owners.

East Fort Rock, for example. Any of those property owners will tell you that there’s no problem because trails are routed away from their property.” Falcioni insists that dirt bike and OHV users are not causing damage to The Badlands. “If you study OHV users you’ll find that typically they are upper middle class, middle aged families. They go out for the weekend. They don’t create destruction. That type of mis-use is caused by a younger faction. It’s not recreational use. ATV’s and motorcycles are expensive pieces of equipment. Punks don’t have the resources to acquire them.” Falcioni adamantly defends the right of OHV users to access The Badlands. “Most people who don’t ride OHV’s don’t understand – maybe because of what they see on TV. I, for example, have asthma and allergies. Many people are retirees who go out on weekends and it’s their way of exploring, of communing with nature. They wouldn’t be able to do it otherwise. It’s their only way of getting into certain places in order to enjoy wild areas.”

Greg Currie, Recreation Planner for the Prineville District BLM, says that building more trails for OHV’s in the Badlands is not going to happen. “It something that we’re doing,” said Currie, “although not specifically at The Badlands. Because The Badlands are a Wilderness Study Area, we are not going in that direction.” Most of the BLM’s efforts in building and maintain trails have been in Millican Valley. “There was more demand for OHV trails in that area and less so in The Badlands,” said Currie. “We are working on putting managed and maintained trails for OHV use in certain areas. Though we are way behind the curve on it in terms of demand.”

The Resolution
McKay says it is a matter of fairness. The Badlands are only 34,000 acres of land. Off-road vehicle users have access to a half a million acres of land adjacent to The Badlands. The Millican Valley Off Highway Vehicle Plan is just over the hill, east of The Badlands, and stretches south to the Fort Rock District of the Deschutes National Forest. These combined areas are wide open to OHV use. “The Badlands are just a fraction of what [OHV users] have available to them,” stated McKay. For Falcioni, the resolution lays with the BLM. “Marked, maintained trail systems preserve everything,” she states. “It allows for a great experience for users and property owners and keeps the area in wonderful shape.”

Senator Wyden, in an August 3, 1999 letter to President Clinton, addressed the deep commitment of Oregonians to protecting our special natural areas, and requested Clinton’s assistance “to secure additional protection of some extraordinary lands.” Wyden detailed the attributes of Steens Mountain, Soda Mountain, Rough and Ready Creek, Bull Run and The Badlands. “Conservationists view The Badlands as a unique opportunity to restore a native high desert ecosystem in a quickly urbanizing area where the demand for wilderness, recreation and open space is increasing,” wrote Wyden. “Local ranchers and conservationists are working together toward wilderness because they see it as the best use of these lands.”

Wyden’s letter calls for “an open, inclusive process that insures full public debate; opportunities to build consensus; and a sensitivity to Oregon’s special rural traditions and economic needs.” Wyden believes the process will discover a wellspring of public support for the protection of these unique areas, and asked the full support of the Clinton administration.

A recent poll conducted by the National BLM Wilderness Campaign showed that 65% of those polled favored designating more wilderness on public lands in Oregon as a way to protect open space and ease the impact of urban sprawl. 24% of those polled opposed the idea. Cathy Harris, Chief of Public Affairs for the BLM of Oregon & Washington, said, “We see ourselves as champions for these areas. Our goals are to preserve them and to work with partners and members of the local community so everyone can benefit from them.”

The proximity of The Badlands to urban areas makes them a very special place, according to Harris, but also makes them vulnerable to high impact. “It has been a challenge for the BLM to maintain all the wilderness aspects which make this area so special,” said Harris. “The Badlands’ unique characteristic of being near an urban population area makes it the very type of land the BLM wants to be responsive to for the public.”

The BLM, seemingly blasted and blamed from all sides, has recommended to Congress that The Badlands be preserved as Wilderness. This would permanently prohibit all motorized vehicles from the area. In the mean time, the BLM has the formidable task of keeping recreational users, environmentalists, adjacent property owners and ranchers –with diverse and sometimes directly opposing agendas - satisfied. Each faction demonstrates great appreciation for the beauty and natural features of The Badlands, but sees its use as a resource with profound and dramatic differences.

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