Trail of Fears
Will the Federal Government Allow Gold
Mining along Wyoming's Oregon Trail?

Story by Tricia Vita / May 5, 2006

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| Carved in the
1800s, wagon ruts criscross Wyoming's South Pass National
Historic Landmark, which could be mined. (Richard Collier,
WSHPO)
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Wyoming is a paradise for Oregon Trail buffs
who call themselves "rut nuts." Yet any Yellowstone-bound
tourist with a highway map can follow the trail etched into the
landscape by an estimated half million emigrants in the mid-1800s:
the deeply incised Guernsey Ruts, the weathered inscriptions on
Independence Rock, and the famed South Pass through the Rockies.
"Some parts of the trail system
have been captured by modern roads. Some are pristine and grown
over," says Terry Del Bene, an archaeologist with the Bureau
of Land Management (BLM) in Rock Springs, Wyo. "South Pass
is one of the few places where you can stand in 2006 and 1846
at the same time. That's pretty special. We're running out of
places like that."
Next month, Del Bene will co-lead a
team of volunteer fieldworkers to South Pass to determine the
boundaries of the area, which was designated a National Historic
Landmark in 1961. The long-planned survey has a new urgency: a
proposed gold exploration project near the common trail corridor
of the Oregon, California, Pony Express, and Mormon Trails.
BLM-managed public lands in Wyoming
comprise more than 18 million acres of surface land and 30 million
acres of subsurface estate. This tally includes 1,442 miles of
national historic and scenic trails in the National Landscape
Conservation System, more than any other state. But the federal
agency is underfunded and understaffed, and it's facing increased
pressure to allow energy and mining development. Last June, the
National Trust named the system, which encompasses 26 million
acres in 12 Western states, to its list of 11 Most Endangered
Historic Places.
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| Wagon ruts bisect Wyoming's McIntyre Ranch
(Richard Collier, WSHPO) |
Last year, the Wyoming State Historic
Preservation Office received about 4,300 requests for comments
on proposed projects from the BLM alone, notes Sara Needles, the
office's deputy director. Among the most controversial is Canada-based
Fremont Gold's plan to dig 200 test pits at Dickie Springs, located
three miles from the South Pass summit.
"Under section 106 of the National
Historic Preservation Act, it is the federal agency's responsibility
to resolve any adverse effect," Needles says. "We saw
the test pits as an adverse effect: number one, for their ground
disturbance, and number two, for the cumulative effect."
However, due to the provisions of the Mining Act of 1872, the
BLM and the courts do not view gold mining as a reasonably foreseeable
outcome of exploration, so the digging is slated to begin in July.
"We did a memorandum of agreement
with BLM and the company, which must perform on-site mitigation
such as land contouring and revegetation," says Needles,
whose office filed comments on the BLM's environmental assessment,
along with the National Trust and other groups. What if Fremont
finds gold and wants to begin a mining operation? "We would
consider that a whole different undertaking," says Needles.
The National Trust's comment on the
BLM's environmental assessment, written by Amy Cole of the Trust's
Western Office, also questions the future impact on the South
Pass National Historic Landmark if full-scale mining should proceed.
"The proposed exploratory pits are as close as 1.3 miles
from historic trails, and the majority of the project is actually
inside of the South Pass ACEC (area of critical environmental
concern) boundary," Cole notes. In fact, more than 53,000
acres of BLM land was designated an area of critical environmental
concern in 1997, to further protect the South Pass' historic trails
and the visual integrity of the surrounding area.
In October, the Alliance for Historic
Wyoming joined the Wyoming Outdoor Council, the Sierra Club, and
Biodiversity Conservation Alliance to file an appeal with the
U.S. Dept of the Interiors Board of Land Appeals, contending that
the BLM failed to consider the impacts that placer gold mining
would have on the historic landscape. The board denied a temporary
hold on the project but has yet to rule on the merits of the case,
a lengthy process which is expected to take many months, if not
years.
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Near South Pass (Lesley Wischmann)
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Meanwhile, the BLM has partnered with
landowners in the area, the National Park Service, the Oregon-California
Trails Association, and the Wyoming State Historic Preservation
Office on the South Pass study. "If we don't get the work
done, people who are either pro-development or anti-development
are going to force the issue in court," Del Bene says. "Somebody
will claim they're either in or out of South Pass, and the judge
is going to scratch his head and say to the federal government,
'You'd better figure this out.'"
Among the volunteers participating
in the South Pass Historical Study is trails historian Lesley
Wischmann, who co-founded the preservation advocacy group Alliance
for Historic Wyoming last year. "I think we can get boundaries,
and the state will honor them, because it would create such a
furor if they didn't. Of course, I would be right at the top of
the list of people promoting a furor."
Needles notes that in addition to providing
on-site mitigation such as camouflaging and interpretive signage,
developers who cause adverse effects are often required to give
something back to the public in the form of "off-site mitigation."
One notable example is her office's Web
site, which invites virtual tourists to trace the emigrants'
route. A mix of video clips, audio files, photos, paintings, and
text bring to life such scenes as the jubilation of reaching Independence
Rock, the midway point of the 5,000-mile journey from Missouri.
"Nowadays, when we think about
a trail, we think of some little walking path," says Wischmann,
who wrote the Web site's text. "The emigrants talked about
it as a hard road, a steep road, a dry road, a this road, a that
road. I don't think I've ever seen an emigrant diary that refers
to it as a trail. It's not a trail. It was a superhighway," she
says. "That's why the ruts are so deep and lasting."
Tricia Vita is a journalist who
lives in New York City and Norwich, Conn.
For more information about the South
Pass Area Historical Study or volunteering for the June 19-30
fieldwork, call Terry Del Bene at (307) 352-0301 or Colleen Sievers
at (307) 352-0324 in the BLM's Rock Springs, Wyo., Field Office,
or visit its Web site at http://www.wy.blm.gov/newsreleases/2006/03/13rsfo-southpass.htm.
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