Activists say the motorized vehicles are damaging the historic trail through a forest

O’BRIEN — Environmental activists have sued the U.S. Forest Service for allowing motorized vehicles on the historic McGrew Trail in the Siskiyou National Forest.

In the lawsuit filed Friday in U.S. District Court in Medford, the plaintiffs allege that the agency has failed to protect the North Fork Smith Wild and Scenic River in Oregon.

The estimated 16-mile trail, part of an original path traveled by American Indians and later pioneer wagons, starts at the Stone Corrals a few miles west of O’Brien and ends at Sourdough Camp on the banks of the river. Ruts left by steel wagon wheels still can be seen along the trail.

The lawsuit was filed after the agency issued a special-use permit allowing members of the Pacific Northwest Fourwheel Drive Association to drive over the trail Saturday and Sunday. The activity was part of a Father’s Day weekend event the group has held for the past 21 years.

The plaintiffs want an environmental analysis completed before any more motorized vehicle use is allowed on the old trail. They are concerned about potential trail damage and the possibility that the vehicles are spreading a root fungus that kills Port Orford cedar.

"It’s through the analysis process that you decide what type of use is appropriate," said Joe Serres, co-director of Friends of Living Oregon Waters, one of the plaintiffs. "The McGrew Trail was never engineered for motorized vehicles.

"The ramifications of this could be significant," he added, noting there are 57 rivers and river segments in Oregon that are designated as wild and scenic. "This issue is not going away."

In addition to FLOW, the plaintiffs include the Oregon Natural Resources Council, Siskiyou Regional Education Project and Grants Pass resident and environmental activist Barbara Ullian.

Acting district ranger Tom Link, who is named in the lawsuit, declined to comment on specifics raised in the suit.

But he said agency employees keep an eye on the activity.

"We check to make sure they meet the terms of the permit," he said. "We feel what we are doing is adequate. We do monitor it."

The trail has been used as a "low standard" road for years, he said.

Keno resident Tom Harris, 71, a retired flight engineer and director of the Oregon chapter of the club, defended the use. About 70 vehicles participated in the excursion over the weekend, he said.

"Places like that are getting extremely hard for us to find," he said. "We play by the rules. We monitor our own use."

The group makes a point of working with the Forest Service, keeping the area clean and avoiding environmental damage, he said.

"But if you choose to be an identified four-wheeler and go by rules, you are penalized like this," he said of the lawsuit.

When the group first began the annual event, it took steps to avoid areas where wagon ruts had cut into the rocky land.

"We want to protect wagon ruts so people could look at them," he said. "We are concerned about environmental conditions."

They also wash the underside of each participating vehicle to avoid bringing in the root fungus, he said.

"We’ve done our fair share of work to protect the environment," he said. "All you are doing (by suing) is throwing out the people who are concerned about the environment."

Citing recent vandalism by off-road vehicle users on public land in the Lake Creek area, Harris reiterated that his group is opposed to any type of activity that tears up the land.

"We call that the ‘Bubba factor,’ " he said of ripping up soil with a vehicle. "It seems like we have to drag that SOB (reputation) with us everywhere we go."

The issue is neither the group nor its annual event, Serres said. Rather, it is protecting a unique and pristine watershed from degradation.

"Our lawsuit is designed to address the broader issue of four-wheel-drive vehicles in wild river areas," Serres said. "This (the Smith River) is an extremely important watershed for steelhead and salmon."

The region has special qualities that are protected by federal laws, he said, adding that the plaintiffs believe the Forest Service has not enforced those laws.

The bottom line, he said, is that the Forest Service is required by the Wild and Scenic Rivers Act and the National Environmental Policy Act to do an environmental analysis and create a comprehensive management plan to protect the region from degradation.

"This analysis is required by law," he said. "That’s what we need to get this issue resolved."

Reach reporter Paul Fattig at 776-4496 or e-mail him at pfattig@mailtribune.com