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SHAWNEE TRAIL CONSERVANCY PO
BOX 44, EDDYVILLE, IL. 62928 MAY
2003 FAVORABLE
COURT RULING ON APRIL 15TH Equestrians and campground owners are
pleased with the ruling of Judge Phil Gilbert regarding the lawsuit
which was filed in November by environmental extremists John Wallace and
Sam Stearns. This lawsuit sought to find the US Forest Service in
contempt of court for failing to provide outfitter guide permits to
horse campground owners who conduct outfitter-guide services on the
Shawnee National Forest and failure of the FS to close all
non-designated Lusk Creek crossings to equestrians. However, fearing a
contempt finding, the FS did close non-designated Lusk Creek crossings
to horses in December. The River to River trail crossing is the only
designated crossing at the present time. All crossings within the Lusk
Creek Wilderness area have been posted as "closed to
equestrians". Old road crossings and crossings on private property
such as in "Coyote Club" remain open. STC was named in the
suit since several of our members are campground owners and perhaps
since some of our members may have ridden across Lusk Creek prior to
it’s closure. Wallace and Stearns had hoped to close down the horse
campground businesses until the permits were issued. This would have
been devastating! Not all campgrounds are required to have an outfitter
guide permit according to FS rules. Only campgrounds who have guided
rides, organized rides or events with over 75 participants should have
permits, however, FS officials told many of the campground owners that
they should apply for the outfitter-guide permits in 2000. The FS,
itself, seems to be confused on who should and who should not be
required to obtain a permit. Before the FS can issue a permit, a
comprehensive environmental analysis must be completed on each and every
trail on which a guide can ride. This is a long and arduous process. The
FS has been working on this trail analysis since 2000 when Judge Gilbert
ruled that the FS must provide outfitter-guide permits to the
campgrounds who may be required to have them but did not specify a
deadline for compliance. This ruling was the result of two lawsuits
filed by environmentalist, Joe Glisson against the FS in 1999 concerning
campground outfitter-guide permitting and the marking and closure of the
Natural Areas to equestrian use. Since the FS has not finished all the
necessary trail analysis, they have been unable to issue outfitter guide
permits to campgrounds but have issued Special Use Permits for the Gap
Ride, the 9 Day Ride and other similar rides. These SUP permits are
temporary in nature and for one event or ride only. Outfitter guide
permits will be for a year or longer. At the April 15th
hearing in Federal Court in Benton, IL, Judge Gilbert stated that "
this Court does not want to close any horse campgrounds, put anyone out
of business or shut horses out of the Shawnee. If anyone is in contempt,
it must be this Court for not specifying a deadline for the FS to
complete it’s analysis by." Judge Gilbert ruled that the FS must
complete their work and issue the permits within 4 months but did
conclude that he would grant them more time for a good cause. Our thanks to Dick Manders, Linda
Granneman and Sue Perina who worked all winter with our attorneys,
Christopher Lee of Evansville, IN and Jim Bleyer of Marion, IL who
represented STC in court. Dick, Linda and Sue had to make two trips to
Evansville for meetings and supplied our counsel with valuable
information. Going to court is very expensive but if horse people and other recreationists don’t fight back, we will be shut out of the forest. No one likes going to court but environmentalists have controlled the FS over the last 15 years through litigation to prevent the FS from proper management of the forest by actively forcing the environmental policies in the forest plan and seeking to eliminate ATV’s, horses and other users from the forest. Recreational users and hunters need to become more active and involved if they are going to be able to enjoy their favorite activities on public lands. Currently, there are a number of anti-gun and anti-hunting legislative issues pending before the Illinois House and Senate. If some of these bills are passed, your right to own a gun for hunting purposes or for your own protection may be in jeopardy. For a listing of these pending bills, check out the web site of the Illinois Federation for Outdoor Resources (IFOR) at www.if.or.org PROPOSED
NATURAL AREAS TRAILS- RECORD OF DECISION Immediately prior to the court
hearing, FS Supervisor, Allen Nicholas, released his Record of Decision
on the Natural Area (NA) Trails Project to our attorney, the Court and
the plaintiffs. This Decision document outlines trail locations in the 7
NA’s which have been analyzed over the past 3 years. All of you whom
have requested to be on the FS mailing list or who have commented on
this project during the entire NEPA process will get a hard copy, a CD
or can view the information on the FS web site: www.fs.fed.us/r9/shawnee
Or phone 618-253-7114. Alternative 3 was selected with modifications. A
brief synopsis is as follows: 1. Double Branch Hole- 2 trails
proposed; one on top of the bluff and one below the bluff in the
approximate locations of former horse trails which were closed in ‘99.
This area lies immediately west of Hayes Canyon Campground near
Eddyville. 2. Garden of the Gods- No new
trails are designated in this area. Existing trails and the equestrian
trail head will continue with routine maintenance. 3. Jackson Hollow & Jackson
Falls Areas - 2 trails are proposed in the Jackson Hollow area (on
west side of the RR tracks) One trail extends over the RR tunnel on the
north and continues south along the tracks and ties into the existing
trail through Cove Hollow. The Jackson Falls area which is not a Natural
Area has been proposed as a Dispersed Recreation Area with a horse trail
proposed near the existing trail but away from the bluff to as the avoid
alleged user conflicts between rock climbers and horse riders. After
reviewing maps, it can not be determined where the exact location of the
proposed trail is because of the scale of the map involved. We have
contacted Dick Johnson, who is in charge of this trails project and have
requested a more precise map. The existing trail is exceptionally scenic
because of the towering bluffs and magnificent rock formations. If
equestrians are to have a quality riding experience, the designated
trail must not be located more than 40 feet from the bottom of the bluff
or remain near the existing trail. 4. LaRue-Pine Hills- No new
trails are proposed. Existing designated trails in this area will
continue. 5. Little Grand Canyon- No new
trails are proposed. Existing trails will continue. 6. Lusk Creek Canyon Ecological
Area- No equestrian trails will be designated in the canyon. This is
very disappointing. Several designated trails outside of the canyon will
be constructed on or near existing trails along the creek, over to
Indian Kitchen and to New Liberty Church. 7. Lusk Creek Zoological- 4
additional creek crossings are proposed as follows: crossing # 2 at the
convergence of Little Bear Creek with Lusk Creek, crossing #4 east of
Salt Peter Cave, crossing # 6 south of Natural Rock Bridge on trail #
421 and crossing # 5 west-northwest of New Liberty Church on trail
#421B. No crossings are proposed at Salt Peter Cave. No trails will be
located along the west side of the creek between the River to River
trail and the cave. Horses will not be allowed in the cave or on the
trail under the bluff south of the cave. Lusk Creek Wilderness Trail Density-
Trail density in this wilderness will be increased to 2 miles of trail
per square mile. Trail density in wilderness areas forest-wide will
average about 1.3 miles per square mile but the trail density within
other wilderness areas will remain at 1 mile of trail per square mile.
With the implementation of this trail densities within Lusk Creek
Wilderness, some existing trails will be eliminated. We must make sure
that scenic trails that we want to ride are included in the Master
Trails designated trail system such as the trail through Secret Canyon.
Get involved and let your thoughts be conveyed to the FS. Contact Dick
Johnson or Richard Blume-Weaver at the Harrisburg FS office -
618-253-7114 who are working on the Master Trails Plan maps. Parties opposed to the Natural Areas
Trails Decision may file a written appeal and clearly state that it is a
Notice Of Appeal being filed pursuant to 36CFR 215 within 45 days after
the publication of the Decision in the Federal Register. If no appeals
are filed, the FS may implement the Decision within 5 days. If an appeal
is filed, the Decision will be reviewed by the FS Regional office who
will render it’s answer within another 45 days. Only those who appeal
the Record of Decision will be allowed to take the matter to court.
Environmentalists have stated in public meetings that they will NOT
allow new trails in any Natural Areas so will probably file an appeal
which will delay the implementation and construction of the trails in
these Natural Areas and the Lusk Creek crossings. RESPONSE
TO SNAG LETTER In late February, many of our members
received a 4 page letter from a group who identified itself as the
Shawnee Natural Area Guardians (SNAG). Members of this same local group
were viewed tacking anti-horse flyers in the forest near the Eddyville
area horse camps in 1999. Some of these flyers contained the phone
number and address of Sam Stearns, who presented himself as the
education chairman of SNAG. Stearns and Wallace, as plaintiffs, had
obtained our membership roster through court records. This letter
presented slanderous lies against a campground owner, misinformation
about alleged threats made by riders and claimed that STC had
misappropriated funds raised on the STC sponsored "AQHA Ride
99". Here’s the background story. Environmentalists Joe Glisson
and Sam Stearns took the FS to court in May of 1999 in an attempt to
stop the ride from happening by telling the Court of immense resource
damage which would be caused by the thousands of riders whom THEY
claimed who would be attending. STC intervened in the suit. Judge
Gilbert ruled the ride could proceed but would be monitored by FS
officials on horseback to make sure that no one rode in the Natural
Areas. The ride with 116 participants, silent auction and donations did
raise $10,000 but after advertising, food costs, insurance and charity
donations to the ILQHA & AQHA youth programs, S. IL University
equine program and the Rafter M Therapeutic Riding Center, STC put $4684
into our trail maintenance fund. This money has been spent on various
trail projects. However, the legal fees to fight this lawsuit and the
subsequent lawsuit, filed by Glisson a few months later, which forced
the FS to close the Natural Areas to horses, cost STC over $19000. STC
paid the legal fees through donations, raffles, dues and other funds
raising activities. According to the SNAG letter, equestrians had
threatened several environmentalists who were doing trail work near Salt
Peter Cave last year during a busy 3 day holiday weekend. However,
numerous riders reported that these environmentalists were piling brush
in the trails in an attempt to close trails and were taunting and
verbally abusing passing trail riders. It is illegal for these people to
close any trails without the approval of the FS so the environmentalists
were violating the law! THANK
YOU’S When our plea for donations to fight
this latest lawsuit went out, many of you responded with a generous
spirit. Those who donated $100 or more include: Steve and Karen Kendall
Heine, Ben and Patricia Laubscher, Jim and Cathy Markman, Doug and Fay
Pottorff, Sally Ann Watt, Jerry and Cindy Brown, John McIlroy, Robert
and Patsy Gott, Michigan Trail Gaiter Assoc., Doggie Den of Centralia,
IL, Carl Hubbard, Dismal Creek Arena (Carlos & Marilyn Post),
Indiana Trail Riders, Hoosier Horsemen, Inc., Bernard Beckman, Ben and
Jane Steffen, Nightline Express of St. Louis, the Wayne County Chapter
of Ohio Horsemen’s Council, Edward Smith, Fred and Terrilyn Heywood,
James Hubbell, Rick Law, Ohio Horsemen’s Council, Ozark Ridge Riders
of Missouri and Illinois Trail Riders. These individuals and
organizations donated $4600 while other members donated lesser amounts.
The legal fees incurred on this lawsuit are currently over $9500 even
though Christopher Lee gave us a break in the number of hours that we
were billed for. We still need your financial help! Our deepest
appreciation for to all of you who contributed so generously to our
legal fund! HORSE PEOPLE ARE GREAT PEOPLE! FUND
RAISING ACTIVITIES According to the Horsemen’s Council
of Illinois, some 10,000 horse enthusiasts attended this years Illinois
Horse Fair which was held at the State fairgrounds in Springfield March
7-9th. Again, STC had a booth next to the Illinois Trail Riders booth.
This year, STC offered raffle tickets for a beautiful walnut colored
western saddle that was purchased from McKinney’s Western Store in
Marion or $500 cash if the winner prefers the cash and not the saddle.
Second prize will be 4 days of free camping, donated by Denny and Connie
Maxson, who own Circle B Ranch horse camp near Eddyville, IL. The Circle
B Ranch camping vacation can not be taken over 3 day holiday weekends or
during the month of October. The drawing will occur on Monday, Oct 13th.
Tickets are $1.00 each or 6 for $5.00. Proceeds will help pay our legal
expenses. Most of the horse campgrounds in Southern Illinois have
tickets to sell or contact STC at our address above. Thank you to the following STC members
who manned the booth this year: Betty Varnum, Nancy Perisho, Dick
Manders, Linda Granneman, and Tom Luchie. They sold lots of raffle
tickets and got hundreds of comment letters signed on the Forest Plan
Revision. Our thanks also to ITR President Sue Perina and other members
of IL Trail Riders who helped out when our volunteers were swamped. RIDERS
ARE BEING TICKETED Even though the FS has proposed 4 more
crossings on Lusk Creek in the Record of Decision on Natural Area
Trails, until such time that the Decision is implemented, riders will be
subject to a fine if they cross the creek at crossings other than on the
River to River trail, the crossing at the Coyote Club or on old roads
such as at Rose Ford and the Zimmer Cemetery road. On May 11th,
a group of riders, who had crossed the creek at Salt Peter cave, were
ticketed by a FS official in plain clothing who was riding in a canoe.
The riders believed the River to River crossing was too muddy and unsafe
due to the 3 inches of rain received in the area the day before. Fines
are a minimum of $100 up to $5000. Expect Lusk Creek to be monitored
regularly by the FS and possibly several environmentalists who may be
guarding the creek and taking pictures of anyone crossing the creek
illegally. Avoid any confrontations with the environmentalists who might
initiate inflammatory responses from riders so they can file assault
charges against them. Carry a camera, take pictures of and obtain the
names of anyone who harasses you. Report any incidents to the FS and to
the campground owner where you’re staying. Hopefully, the additional
crossings will be open soon so we can again ride our old favorite
trails. CONSERVATION
AWARD WINNER The Shawnee Trail Conservancy received
the Pope-Hardin County Conservation Organization of the Year Award given
by the Pope-Hardin County Soil and Water Conservation District for
STC’s trail construction and maintenance efforts during 2002. The
award was presented at the Soil and Water District’s annual
banquet-meeting in February to STC president, Clyde Schmidt. This award
was due to the efforts of our dedicated volunteer trail workers, Don
Roy, Don Cloud, Bill Barnett, Dick Manders, Tony Giuffre, Joe and Sue
Perina, Bob and Sharon Buchanan and Bill and Cheryl Blackorby who head
up maintenance efforts. This spring we’ve been out on the trails
cutting huge trees that fell over trails during recent spring storms,
trimming brush and installing more highlines in rest areas. Many other
volunteers help out on trail " work days". If we ever get
approval from the FS to do work on other trails within the forest
besides the River to River trail, we will use our new gravel trailer
donated by Roy and Trish Smith late last fall. For now, it’ll be used
for trail projects on privately owned property which allow access to
trail riders. The Back Country Horsemen have scheduled a work day on
Saturday June 7th at the Lusk Creek trail head, which is
located across from Circle B Ranch, at 9 am. Gravel will be packed out
on horses or mules on the River to River trail within the Lusk Creek
Wilderness area. We can not use the tractor and trailer to haul gravel
because motorized and mechanized equipment CAN NOT BE USED IN WILDERNESS
AREAS according to federal regulations. Hopefully the Lusk Creek
crossing will be the first thing worked on since it needs major work!
The FS will have Trails Specialist, Tim Pohlman overseeing the project.
Please help out if at all possible. At least 30 workers are needed. Even
if you can not be a part of a "work day", please do your part
when out riding on the trail by picking up trash, trimming low hanging
branches, and removing downfall from the trail. Please do not ride
around downfall which causes trail braiding and resource damage or make
new trails. We need your cooperation, PLEASE! Many times, a large branch
can be removed by the efforts of several riders who all use a little
muscle power. Sometimes, though, a saw is the only way to clear downfall
so it’s a good idea to carry a small saw with you for such occasions.
Personally, when Bill and I ride in Arizona, Colorado and Wyoming, if we
did not carry a saw with us, we would have not been able to complete
many rides because of trees down across the trail with absolutely no way
to go around . THE
NATURE CONSERVANCY UNDER INVESTIGATION The Senate Finance Committee’s
chairman and its ranking Democrat said that they are troubled by reports
that the Arlington, Virginia based, the Nature Conservancy (TNC) sold
scenic properties to its own trustees according to a recent article by
Joe Stephens in the Washington Post. Chairman Charles Grassley R-Iowa
and Sen. Max Baucus D-Montana are drafting a letter to the world’s
richest environmental group seeking answers to a range of concerns and
issues following a 3-part series of Washington Post articles which
detailed the organizations rapid growth and its financial transactions
with its supporters including Fortune 500 companies such as General
Motors, Goldman Sachs Investment Company, Orvis Co.- maker of outdoor
equipment, fishing and hunting products and actor Paul Newman, the TNC
spokesman and whose company produces salad dressings and pasta sauces.
TNC has $3 billion is assets and over $700 million in income per year.
The Post reported that the Conservancy bought huge ecologically
significant tracts of raw land, attached some development restrictions
and then resold the properties to wealthy trustees and supporters at
greatly reduced prices. The sales limited intrusive development but did
allow buyers to build homes on the land. The buyers then gave the
Conservancy cash that was roughly the equivalent to the amount of
discount. That allowed the new owners to take significant tax deductions
for charitable gifts. The article also detailed how the Nature
Conservancy had given an under-reported low interest rate $1.55 million
home loan to its president, Steven J. McCormick. Mr. McCormick’s
compensation was $420,000 last year. The TNC advertises that it protects
over 116 million acres of land. It is the nations largest private owner
of land. The Federal government owns approximately 38% of the land mass
in the US. According to the RANGE magazine, since 1995, the Nature
Conservancy has received over $32 million in grants from the federal
government (our tax dollars). TNC frequently buys property from
individuals then turns around and sells these properties to state or
federal government at a profit. By buying large tracts of land, TNC
damages the economic growth of a community and undermines its tax base.
TNC often targets areas for other "green groups" to help
enforce the Endangered Species Act to put businesses out of business or
prevents individuals from developing their own land. They are then
waiting in the wings to buy up these properties. Senator Baucus said
"that he’s committed to holding TNC accountable and very
concerned with reports that organizations and individuals may be
improperly benefitting from tax breaks on charitable donations."
Senator Grassley is sponsor of legislation, backed by TNC, that would
expand tax breaks for conservation. The measure would provide a variety
of tax breaks for charitable donations, including a 25% reduction in the
capital gains tax on the sale of undeveloped land for conservation
purposes. This bill is known as the Charity, Aid, Recovery and
Empowerment Act. It passed the Senate vote in April, 95 to 5 but final
language will be hammered out in the House. "With significant new
tax incentives provided under the Act, taxpayers have the right to know
how the Nature Conservancy conducts its business" Grassley said. DATES
TO MARK ON YOUR CALENDAR JUNE 7 TH-
TRAIL WORK DAY IN LUSK CREEK WILDERNESS. Gravel to be packed out with
mules and horses. Meet at 9 AM at the Lusk Creek trail head across from
Circle B Ranch. Call Don Cloud for more info. 618-672-4672 or Dorothy
Arjes 618-777-0296. Ron Hill is going to prepare lunch for workers so
let him know if you’ll be attending 618-996-2512 a couple days prior
so he’ll know how much food to purchase. JUNE 19TH-
STC MONTHLY MEETING- HELD AT DOLLY’S RESTAURANT AT EAST EDGE OF VIENNA
ON RTE. 146. MEETING AT 7 PM. COME EARLIER TO EAT- order off the menu JULY 17TH-
STC MONTHLY MEETING- HELD AT DOLLY’S RESTAURANT- IN VIENNA - 7 PM AUGUST 21ST-
STC MONTHLY MEETING- HELD AT DOLLY’S RESTAURANT IN VIENNA- 7 PM **
ALL STC MEETINGS ARE HELD ON THE 3RD THURSDAY OF THE MONTH AT
DOLLY’S UNLESS OTHERWISE NOTED. Normally this newsletter would have
been out in April but I’ve been delaying it pending the release of the
Natural Area Trails Record of Decision to the public. Thank you for your
patience! If your e-mail address has changed,
please notify membership secretary, Joy Roy at;
ajroy@shawneelink.com so
that she can continue to send you information on meetings etc. See you on the trail, Cheryl Blackorby STC director and newsletter editor blackrby@shawneelink.com
Ph. 618-672-4768 It is very important that we have
your continued membership and financial support so please send in your
renewal today if your newsletter is marked with a renewal notice. A
number of delinquent members have been removed from our newsletter
mailing list. Please stay informed through our quarterly newsletters
about the Shawnee especially during the analysis of the Natural Areas
trails and the formulation of the New Forest Plan, which sets the
management policy for Shawnee National Forest for the next 15 years.
Responses from all users are very important in the direction that the FS
takes regarding trails, area closures and management policies. PLEASE
SEND IN YOUR RENEWAL TODAY!! THANKS!! DUES AND DONATIONS ARE TAX
DEDUCTIBLE!! WE STILL NEED DONATIONS FOR OUR
LEGAL DEFENSE FUND!! ------ -------------------------
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SAVE OUR SHAWNEE!
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$20______ORGANIZATION $30______DONATION $_____________ MAKE CHECKS PAYABLE TO: SHAWNEE TRAIL
CONSERVANCY, PO BOX 44, EDDYVILLE, IL 62928
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