For sport climbers, Cave Rock is a unique place. Sport climbing requires complicated routes and relies on permanent anchors fixed to the rock, especially bolts, for protection. Due to the difficulty of the climbing on Cave Rock, its ready access and wonderful views, and the year-round good weather in the Lake Tahoe area, the formation has become a sport climbing hotspot since the 1980s.1McHugh, Paul, “The Battle Over Cave Rock,” SF Gate, September 25, 2003. https://www.sfgate.com/sports/article/The-battle-over-Cave-Rock-2586115.php
Although the members of Washoe Tribe had long been pressing for a ban on recreational activities at Cave Rock, the Forest Service did not consider such an action until 1994, when the Department of the Interior clarified that Native American religious sites, such as Cave Rock, could be qualified as Traditional Cultural Properties.
Once a particular site is deemed eligible for the National Register, it must be preserved in its historic form. First, however, it is necessary for the body governing the property to determine when the historical period for it has ended. Next, they must ensure that no activities that began on a site after the historic period end date cause any adverse effects.
The historical period at Cave Rock was defined as complete after 1965. The Forest Service then determined that rock climbing at Cave Rock, as it did not become popular until the 1980s, qualified as a destructive endeavor.
Maribeth Gustafson, Forest Supervisor for the Lake Tahoe Basin, decided to immediately ban sport climbing on Cave Rock along with all other activities deemed inconsistent with the time period before 1965.
Gustafson applied the management plan for the USFS division at Lake Tahoe Basin which explicitly ranked preservation of historically significant properties as a higher priority than outdoor recreation facilities, a stance in line with the National Historic Preservation Act.2“Cave Rock Management Direction, Lake Tahoe Basin Management Unit (LTBMU), Douglas County, NV,” Federal Register Vol. 64, No. 15, January 25, 1999. https://www.govinfo.gov/content/pkg/FR-1999-01-25/pdf/99-1583.pdf
On the other hand, rock climbing advocates, headed by the non-profit organization the Access Fund, believed that the ban wa not legal. These climbing supporters did recognize the importance of Cave Rock to the Washoe Tribe. They supported a voluntary closure program at the site, similar to the one enacted at Devils Tower in Wyoming, where climbers are advised of the spiritual significance but can still decide whether to respect it.
Avid climbers thought the plan for Cave Rock not only violated the First Amendment of the Constitution, but also misread the National Historic Preservation Act to unfairly single out climbing because hiking, picnicking, and other activities were still allowed. In 2003, they sued the Forest Service for rights to climb at Cave Rock.
