tBlog - Climbing Ways

Climbing Ways

08.21.08 (10:38 pm) [edit]

Cave Rock, Nevada
(photo courtesy of U.S. Forest Service)

Cave Rock near Lake Tahoe in Nevada has become a battleground pitting rock climbers led by the Access Fund against the Washoe Tribe. At the heart of the issue is the question of people's right to use federal land versus preserving spaces that Native Americans consider sacred.

Members of the Washoe Tribe have sought to have rock climbing banned as an activity at the site. The Wahoe Tribe says that "For us, rock climbing trivializes the site for the sake of sport," says Washoe tribal chairman A. Brian Wallace, 45. The Washoe believe that only a few shamans, who have carefully prepared themselves, should ever visit the site.

The Access Fund representing climbers contends that a climbing ban on Federal property is unconstitutional because it promotes religion.

What is most poignant about this case is that it pits two groups who are often disenfranchised against each other. Native Americans, who have often had their ancestral claims to land ignored and climbers who are often fighting to save popular climbing spots from being closed to climbers. OutdoorEd.com has put together a summary of the two viewpoints to help you think about the ethics of this issue.

LAKE TAHOE, Nev. - Recreational climbing at Cave Rock is about to be banned. Or is it? The final decision on the new rules rests in the hands of a federal judge.

In August, the U.S. Forest Service and the Lake Tahoe Basin Management Unit concluded its long-awaited study and announced an immediate halt to climbing at Cave Rock, a site sacred to the Washoe Tribe located on the lake’s southeast shore.

But the ban has led to some serious backlash from the climbing community and is headed to a courtroom. Immediately after the decision a Tahoe-area climber and the Colorado-based advocacy group, the Access Fund, filed separate appeals challenging the ruling. Both were rejected by the Forest Service on Nov. 5 and now the Access Fund, a non-profit group that represents more than one million climbers nationwide, has filed a lawsuit.

"The Access Fund has reviewed the USFS’s closure of Cave Rock and believes the decision is unconstitutional. As a result, the Access Fund has been left with no alternative other than to file a lawsuit on behalf of the climbing community," organization leaders wrote in a November press release. The lawsuit was filed in federal court on Dec. 15 and will argue that "banning rock climbing at Cave Rock to support Native American spiritual practices is an unconstitutional establishment of religion."

The fate of Cave Rock climbing has been debated for years. The two sides had tried to settle on a compromise several times but couldn’t find common ground. The volcanic formation, known for its steep rock face and high difficulty routes, has been a popular rock-climbing destination for technically skilled climbers for decades.

But it’s that popularity and damage caused by climbers that has led to the closure, said Rex Norman, a Lake Tahoe Basin spokesman. According to the environmental impact statement, from which the decision is based, climbers have independently installed approximately 46 bolted climbing routes, many inside the sensitive cave and added a concrete floor all without prior consent from the Forest Service.

The report concludes saying that to provide the necessary immediate protection of Cave Rock’s cultural, historic and archeological resources which make the site eligible for listing in the National Register of Historic Places, climbing there must end. The ruling also calls for the removal of all bolts, anchors and platforms installed in the rock. The sides have agreed, however, to allow climbing to continue there until the suit is settled or at least until late spring.

The Access Fund isn’t buying the Forest Service argument. They feel climbers are being blamed for all that has happened over the years and question why they’re being banned from the area when hikers, fishermen, picnickers and stargazers aren’t.

"Is it just climbing that offends the Washoe’s religious beliefs?" the Access Fund wrote in its failed appeal. "The Washoe believe that the presence of anyone at Cave Rock, except a few select Washoe shaman, endanger the lives of all people."

The appeal goes on to say, "the Washoe consider no part of Cave Rock as more or less special, but that all of its parts are equally important, and that hiking, fishing, scenic viewing, stargazing and other low impact activities ‘disturb the traditional users of the property.’"

Jason Keith, the Access Fund’s policy director, points out that the Cave Rock climbing guidebook asks users to "climb and behave in a respectful manner" citing its importance to the Washoe saying, "either treat it with respect and reverence or leave."

And since 1995, he says, his organization has been working with local climbers to identify a compromise that would keep Cave Rock open for climbing on a limited basis, while at the same time accommodating the religious interests of the Washoe.

Keith said Access Fund representatives have even met directly with members of the Washoe Tribe, and repeatedly suggested solutions similar to those in effect at Devils Tower in Wyoming, where voluntary closures are instituted for limited time periods out of respect for Native American religious practices, but their proposals were rejected.

Access Fund officials said it has been proven at Devils Tower and elsewhere that religious and cultural practices can co-exist with recreational activity on federal public lands. And it’s quite possible that if the ban is proven to be religion-based it will be overturned, Access Fund officials said.

But Norman, the Forest Service spokesman, denied the focus of the closure is on the climbing community and that it has anything to do with Washoe beliefs. He said the controversy is often portrayed as an "Indian religion versus climbers" issue but it is anything but that. In fact, he said, administrators never met with tribal members to discuss their religious beliefs in determining their management policy for the area.

"We know they have great reverence for the site but religion doesn’t enter into it, Native American or otherwise," Norman said. "If we are singling out anything we are singling out negative impacts. Not the people doing it."

Tim Seward, general counsel for the 1,600-member Washoe Tribe, said Cave Rock has historically been reserved for Washoe doctors and that only authorized shaman should enter the area. Seward said vandalism, graffiti and the overall abuse of the site has forever tainted it but said the Forest Service decision to ban climbers will help bring some respect back to the area.

"The tribe believes it is a thoughtful compromise," Seward said. "We are very pleased that the Forest Service has taken an interest and reached a decision that will protect the site from further harm."

The Climbing Ban from the U.S. Forest Service

Cave Rock Management Direction Final Environmental Impact Statement
http://www.fs.fed.us/r5/ltbmu/documents/cav e-rock/rod.pdf" title="http://www.fs.fed.us/r5/ltbmu/documents/cav e-rock/rod.pdf" target="_blank"http://www.fs.fed.us/r5/ltbmu...

Introduction: Cave Rock, a remnant of a volcano that erupted over three million years ago, is located on the southeastern shoreline of Lake Tahoe, in Douglas County, Nevada. This distinct landscape feature is sacred to members of the Washoe Tribe of Nevada and California, the native people of the Lake Tahoe Region. It is eligible for listing in the National Register of Historic Places as a Traditional Cultural Property (TCP) and historic transportation district, as well as for its archaeological values. It is also a popular “sport climbing” area for local, national, and international rock climbers.

Forest Service action is needed at this time because some ongoing activities in the area are adversely affecting the integrity of the National Register-eligible properties. In addition, any long-term continuation of existing use restrictions require a National Environmental Policy Act (NEPA) decision to implement.

The purpose of management actions is to protect the Cave Rock heritage resource and regulate uses there in a manner that, consistent with mandates and restrictions of law and regulation, preserves the physical and spiritual characteristics that make the property eligible for listing in the National Register of Historic Places.

This Environmental Impact Statement (EIS) will discuss whether to amend the Lake Tahoe Basin Land and Resource Management Plan (LTBMU Forest Plan) to restrict human activity on the National Forest at Cave Rock in order to protect the National Register-eligible heritage resources. It assesses alternatives that protect the heritage values to varying degrees and restricts public use there to varying levels.

Background: Substantial physical alterations at Cave Rock since EuroAmerican encroachment include: construction of roads above, around and through (two tunnels blasted to accommodate Highway 50) Cave Rock, construction of a boat launch facility at its base, and development of nearby (within one-half mile) urban housing subdivisions and commercial facilities. Cave Rock is considered by the Washoe Tribe to be a place of extreme power that should be avoided by all people except certain Washoe spiritual practitioners. In the 1990's the Tribe shared their concerns regarding threats to Cave Rock's traditional values by modern day uses. They alerted the Forest Service that rock climbing was occurring there, and that some tribal members consider such nontraditional activities, and other human presence there, desecration of a most sacred site.

Six alternatives were considered in detail by the Forest Service. Alternative 6 was adopted in July 2003 for implementation.

Alternative 1 – No Action/No Project: This alternative would allow continuation of existing management direction. The types of activities conducted on Cave Rock in recent years would continue without Forest Service interference or regulation. Climbing would continue without restriction.

Alternative 2 – Manage Sport Climbing to Reduce Effects on Cave Rock TCP: This alternative would manage Cave Rock consistent with the activities occurring at the time Cave Rock was determined eligible as a TCP. Under this alternative sport climbing would be allowed, however routes above the highway and several other selected routes would be removed. The installation of new climbing routes and the use of artificial light for climbing would be prohibited. The Forest Service would work with the climbing community to camouflage existing bright-colored and shiny climbing equipment to blend with the natural colors of the rock. If non-camouflaged equipment remains after 6 months following adoption of the management direction, it will be an indicator that the routes are not being used and the routes will be removed. Maintenance of the existing routes would be conducted only with permission of the Forest Service.

Alternative 3 – Phase-Out Sport Climbing Over 6-Year Period: This alternative would prohibit sport climbers from using Cave Rock, during a phase-out period of 6 years. The Forest Service would work with climbers to remove climbing equipment in stages (approximately 50 bolts per year) and fill the holes left by removing the bolts. Climbing would be allowed to continue when it can be done without the use of permanent technical equipment (e.g., fixed anchors). The installation of new routes, route maintenance, and climbing with artificial light would be prohibited.

Alternative 4 – Exclusive Washoe Use: This alternative would provide exclusive access to Cave Rock by spiritual practitioners of the Washoe Tribe only for their traditional practices. The National Forest at Cave Rock would be closed to all other recreational and public access. This level of privacy would maximize benefits to the tribe’s spiritual practitioners during their ceremonial uses at Cave Rock. Where resource conflicts occur, resolutions favoring the TCP would normally take precedence. Where conflicts occur between historic districts – where a decision will have an adverse effect on a district whichever way the decision is made – protection of the values of the TCP will take precedence.

Alternative 5 – Phase-Out Climbing Over 3-year Period: This alternative would manage activities at Cave Rock in a manner that minimizes the effects of modern activities and technology. Climbers would be prohibited from using Cave Rock during a phase-out period of 3 years. Alternative 5 would allow activities and protect, preserve, enhance, and interpret improvements that are consistent with the historic period at Cave Rock beginning with the arrival of the Washoe Tribe to Lake Tahoe through 1965, the year of Henry Rupert's death. (Henry Rupert was a Washoe spiritual practitioner whose association with Cave Rock contributed to its National Register eligibility). Activities and improvements that adversely affect the qualities for which the property was found eligible to the National Register would be restricted or removed. Thus, sport climbing would be prohibited as inconsistent with the setting, feel, and association of the historic property, while general public access would be allowed as it had occurred during the historic period. When conflicts between National Register properties arise, they will be managed in favor of the Cave Rock TCP.

Alternative 6 – Maximum Immediate Protection of Heritage Resources (Preferred Alternative): This alternative provides maximum immediate protection of heritage resources by managing cave Rock in a manner that minimizes the effects of modern activities and technology. All climbing, both sport and traditional climbing, would be prohibited immediately following adoption of the management direction. Alternative 6 would allow activities and protect, preserve, enhance, and interpret improvements that are consistent with the historic period at Cave Rock beginning with the arrival of the Washoe Tribe to Lake Tahoe through 1965, the year of Henry Rupert's death. (Henry Rupert was a Washoe spiritual practitioner whose association with Cave Rock contributed to its National Register eligibility). Activities and improvements that adversely affect the qualities for which the property was found eligible to the National Register would be restricted or removed. Thus, climbing would be prohibited as inconsistent with the setting, feel, and association of the historic property, while general public access would be allowed as it had occurred during the historic period. When conflicts between National Register properties arise, they will be managed in favor of the Cave Rock TCP.

Climbing Ways

Climbing Ways

The Climbing Ban from the U.S. Forest Service

Cave Rock Management Direction Final Environmental Impact Statement http://www.fs.fed.us/r5/ltbmu/documents/cav e-rock/rod.pdf" title="http://www.fs.fed.us/r5/ltbmu/documents/cav e-rock/rod.pdf" target="_blank"http://www.fs.fed.us/r5/ltbmu...

Cave Rock Management Direction Final Environmental Impact Statement
http://www.fs.fed.us/r5/ltbmu/documents/cav e-rock/rod.pdf" title="http://www.fs.fed.us/r5/ltbmu/documents/cav e-rock/rod.pdf" target="_blank"http://www.fs.fed.us/r5/ltbmu...