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Uprisings in the West

March 7, 2012 1 comment

Lawmakers pick fight with feds over public lands
By Michelle L. Price and Josh Loftin Associated Press / March 7, 2012

http://www.boston.com/news/nation/articles/2012/03/07/lawmakers_pick_fight_with_feds_over_public_lands/

SALT LAKE CITY—Some Western lawmakers are pushing for a showdown with Washington over federally-controlled land, picking a fight on an issue that they say puts an economic stranglehold on their states.
Republican legislators in Utah and Arizona are leading a charge to try to force the federal government to hand over control of public territory that makes up much of the West, insisting local leaders could manage it better.
“We’re putting them on notice for them to cede it to us. And if they don’t, we’ll start taxing it,” said Arizona state Sen. Al Melvin, who sponsored the legislation in that state.
Skeptics say state officials are likely to do more harm than good, especially to the environment, and stand to ruin what makes the region unique.
“How in the world do they think they could manage these federal public lands?” asked Sandy Bahr, director of the Sierra Club’s Grand Canyon Chapter.
Legal experts say the challenges are unconstitutional. But the fight is worth it for many who see the potential for millions of dollars in revenue from taxes, development rights or even the sale of lands.
Lawmakers also say the federal oversight is crippling industries like ranching, timber and mining, and overregulation has led to overgrown forests and massive forest fires.
“This is killing us,” Melvin said.
State lawmakers say that with local control they could deliver jobs, money for education and even help balance the federal budget.
Utah lawmakers are moving forward with a plan that sets a 2014 deadline for the federal government to relinquish lands that aren’t national parks, military installations or wilderness. The proposal that advanced Wednesday demands control of about 30 million acres — nearly 50 percent of the entire state.
Republican state Rep. Ken Ivory is leading the effort in Utah and helped draft model legislation for use in other states.
“If sovereignty means anything, it means not having to say pretty please or mother may I,” Ivory said.
A similar bill is working its way through the Arizona Legislature, where lawmakers would put the federal government on roughly the same timeline.
About 40 percent of the land in Arizona is under federal control and about 30 percent is tribal land — leaving about 30 percent as state or private land.
About 70 percent of the land in Utah is controlled by the federal government.
The legislation in those two states is mainly directed at land controlled by the U.S. Forest Service and the Bureau of Land Management, which controls 245 million acres of land that’s concentrated in 12 Western states.
Arizona’s proposal includes a provision that, if the state does take possession, most of the proceeds from any land sold would be used to pay off the national debt.
Lawmakers in Utah and Arizona have said the legislation is endorsed by the American Legislative Exchange Council, a group that advocates conservative ideals, and they expect it to eventually be introduced in other Western states.
But legal experts say the challenges won’t get very far because any attempt by state legislatures to claim federal land is unconstitutional.
“That’s not really open to dispute,” said Joseph Feller, a professor who teaches natural resources law at Arizona State University.
“The states have absolutely no power to take over the federal public land,” he said. “They’ve tried it before.”
This was made clear during the so-called Sagebrush Rebellion in the 1970s and 1980s, when Western states pushed for greater control of federally owned public lands. Arizona passed legislation during that period that’s similar to this year’s proposal.
“Legally, it’s a ridiculous claim. It would be thrown out in federal court in five seconds,” said John Leshy, a law professor at University of California Hastings College of Law
Leshy, who also served on the President Obama’s Interior Department transition team, added, “This is all just about cranky, symbolic politics.”
State ownership of all that land could also be a big problem for the environment, said Bahr, of the Sierra Club.
“The state doesn’t really have anything in place for land protection, and the attitude of the Legislature is one of abuse rather than protection,” she said.
Local officials, however, argue that the state would at least be a better partner than federal officials.
Dirk Clayson, commissioner of rural Kane County, Utah, said the decisions about federal land access seem to be dictated more by “Washington politics” than logic.
“We really have a federal land management policy that ignores the needs of state, county or local residents,” Clayson said. “There’s risks, but the general feeling is we have a much more effective working relationship with the state. After all, they’re only a four-hour automobile drive away from us.”

Sharon’s note: this is never going to happen but I wonder what would happen if we got some of these folks in a room with a bipartisan panel, told them and enforced leaving the partisan vitriol at the door, and listened to what they had to say.

A Couple of Bipartisan Place-Based Bills

December 28, 2011 5 comments

From Oregon here:

Oregon’s rural communities cannot afford another 20 years of gridlock in our federal forests. Without a new path forward, mills will continue to disappear, forest jobs will be outsourced and counties will be pushed off the budgetary cliff. During a time when it’s particularly hard to find common ground in public policy, we think we have achieved a balanced forest health and jobs plan — and in a uniquely Oregon way.
As a bipartisan coalition, we have worked through our differences to forge a plan that would create thousands of new jobs, ensure the health of federal forests for future generations and provide long-term funding certainty for Oregon’s rural schools, roads and law enforcement agencies.
Federal support payments to rural and forested communities, commonly known as “county payments,” helped support rural Oregon counties for more than a decade. They expired Oct. 1.
Absent a long-term solution, diminishing county payments will have serious consequences for Oregon families and businesses.
A recent Oregon State University study found that without county payments, Oregon’s rural counties will shed between 3,000 and 4,000 jobs. Oregon business sales will drop by an estimated $385 million to $400 million. Counties will lose $250 million to $300 million in revenues.
Counties already near the financial cliff and facing depression­like unemployment soon may call for a public safety emergency and will be forced to eliminate most state-mandated services — including services that help the neediest citizens in our communities.
Failing counties will have consequences for the entire state. Those counties will continue to release offenders and close jail beds. Potholed roads and structurally deficient bridges will be neglected. And already-underfunded rural schools will be devastated.
Given the serious fiscal crisis our forested communities face, we believe a new approach is necessary to create jobs, help stabilize Oregon’s rural communities and better manage our forests.
We hope to release the full details of our plan early next year. But, given the importance and enormous amount of public interest in this issue, we wanted to update Oregonians on the broad outlines of our work:
Our plan would create an estimated 12,000 new jobs throughout Oregon. To preserve and expand Oregon’s manufacturing base, our plan would continue the ban on exporting unprocessed logs from federal lands and impose penalties on businesses that violate the law and send family-wage jobs overseas.
Our plan would allow sustainable timber harvest primarily on lands that have been logged previously. It sets aside sensitive areas and mature and old growth forests. The timber harvest lands would remain under the ownership of the federal government but would be managed in trust for the counties by a diverse, public board under strict guidelines to ensure sustained yield and to protect and improve clean water and terrestrial and aquatic values. The mature and old growth forests would be transferred from the federal Bureau of Land Management to the U.S. Forest Service.
Our plan would provide counties in Western Oregon with a predictable level of revenues in perpetuity to support essential county services such as law enforcement, health care, education and transportation. It would reduce counties’ dependence on uncertain federal support payments in favor of a long-term solution that allows them to return to the tradition of self-reliance that embodies our state’s heritage.
Our plan is expected to save taxpayers tens of millions of dollars by reducing the annual federal management costs associated with the management of Western Oregon timber­lands and making Oregon counties self-sufficient and not dependent upon federal county payments.
Our plan proposes major new wilderness and wild and scenic designations to protect some of Oregon’s most incredible natural treasures, such as the iconic Rogue River.
Our plan is a moderate approach.
It will not appease those who insist on returning to the days of unsustainable logging and clear-cutting old growth on public lands. It will not win the support of those who are content with the status quo — administrative gridlock and endless legal appeals that have led to unhealthy forests, failing rural counties and a deteriorating timber industry.
And like all legislation in Congress, our plan still is subject to the legislative process. While we believe the plan we have crafted is a reasonable compromise that serves the best interests of Oregon, we must work with the House Committee on Natural Resources and our colleagues in the greater House of Representatives, the Senate and the Obama administration.
Fortunately, the most persuasive arguments are on our side. Our balanced, bipartisan plan would create thousands of jobs in our forests, mills and communities, stabilize rural communities, save taxpayers money, protect old growth and ensure the health of federal forests for future generations.
It’s a solution that Oregonians deserve. We look forward to working with those who want to make this long-term vision a reality.

U.S. Reps. Peter DeFazio, Greg Walden and Kurt Schrader represent Oregon’s 4th, 1st and 5th congressional districts.

From Montana:

Battle for Preservation In Montana Is Nothing New
By Gabriel Furshong / Writers on the Range on Wed, Dec 28, 2011

http://www.abqjournal.com/main/2011/12/28/north/battle-for-preservation-in-montana-is-nothing-new.html

More so than any other landscape in Big Sky Country, Montana’s Rocky Mountain Front derives its wonder from a violent juxtaposition of geological forms. The Front is the convergence of two mega-ecosystems that together cover roughly a quarter of our country – the Northern Plains and the Northern Rockies.
This is where each seemingly limitless region reaches its limit. Within this thin strip roams the second-largest elk herd in the Lower 48, as well as 13 species of raptor and a third of all plant species known in Montana. It’s the only place south of the Canadian border where grizzlies still den between the peaks and the prairie.
For 100 years, this landscape has been the subject of debate over the limits of acceptable change. Montanans along the Front have fought oil and gas exploration. It is a measure of their success that the battle cry of each generation has gradually shifted from our grandparents and great-grandparents, who wanted to “return it to the way it was,” to our parents and ourselves, who now want to “keep it the way it is.”
This last phrase – keep it the way it is – has for 10 years been the unofficial motto of the Coalition to Protect the Rocky Mountain Front, a loose affiliation of outfitters, ranchers, farmers, community organizers, business owners and outdoor enthusiasts. Thanks to this coalition, the debate over change on the Front is now closer to resolution than ever before.
Last October, Montana Sen. Max Baucus introduced the Rocky Mountain Front Heritage Act, which would designate 67,000 acres of wilderness and prohibit road building or any expansion of motorized use on an additional 210,000 acres. That’s big news. Yet, the relative calm with which the news was received has been surprising. When I asked a veteran writer and former journalist for the Missoulian newspaper what he thought about the media coverage of Baucus’ announcement, all he could say was, “I just don’t understand why it hasn’t gotten more attention.”
His words followed me to the Front where I retreated for a hunting trip just a week after the announcement. While waiting on white-tailed deer, I found myself reflecting on the twists and turns of our local debate over change. I wondered why this pending resolution has been received so quietly after so much time and such a lot of fuss.
The coalition’s many predecessors fought seemingly endless battles for the better part of a century, from the near-extinction of the buffalo and other species to agency road building and aggressive oil and gas exploration. Our first victory finally came in 2006, when Republican Sen. Conrad Burns and Democratic Sen. Max Baucus banned all leasing of federal minerals along the Front. Forest Service travel plan decisions that followed in 2007 and 2009 emphasized traditional use over motorized recreation, and suddenly, a once-complicated landscape was largely cleared of competing interests.
It was then that farmers and ranchers affiliated with the coalition raised an important question: Would we have the restraint to avoid becoming agents of change ourselves? Over the next four years, we interviewed grazing permittees, argued with county commissioners, developed alliances, held meetings of 100 people and meetings of 10 people, and sought out hundreds of kitchen-table conversations, one person at a time.
We drew boundaries. We nearly fell out with each other several times, but we hung onto the ideal of restraint. In the end, it was not just the landscape that we chose to the keep the way it was. We chose to maintain all existing uses as well, including motorized and bicycle use alongside traditional horse and hiker travel.
So after going through so much, it’s understandable that this final stage in the fight is underwhelming. Indeed, the only evident opposition to the Heritage Act so far came in the form of an indignant email from a small western Montana environmental group decrying the legislation as containing far too few wilderness acres. I mentioned this to a Vietnam veteran and local lawyer from Choteau, Mont., when I ran into him on my hunting trip. As he trailed his horse around me, he just shook his head and said, “Well, we’ve had that debate a million times before.”
Yes, we have, and with any luck it won’t change a thing.

At this time of the year, I am working on my end-of-year donations. I received a “Top 10 Reasons to Give” list from an international environmental law NGO that I support. One of the bullets on the list was “because forest peoples deserve a say in how their land is used…. we will continue to work to safeguard the rights of indigenous people and other local communities in the implementation of projects to reduce greenhouse gas emissions from deforestation (REDD).” It’s a good question for consideration, I think, in the New Year. We should be considering property rights, local history, and political legitimacy in terms of the legitimate role of local people in our own country.

What kind of “rights” should local communities have in terms of decision making on federal lands? It reminds me of a dinner I had once with a Senior Executive of another federal agency. His point of view was that the people of Delta don’t deserve any more of a voice in the management of public lands around Delta than people in the Bronx. On the other hand, we have the county “coordination” movement and increasing local/federal tensions. What can we learn from the two examples above, who seem to have managed to find a middle ground?

Travel Management Unrest Reaches Colorado

February 6, 2011 1 comment

Here is a story about a protest of a travel management decision in Dolores, Colorado.

Speakers at the rally, including Edwards and Atwater, urged the Forest Service to reverse its travel management decisions and start over with a process that includes coordination with county governments and the general public.

“Coordination is a mandate,” Atwater said. “They have to work with us.”

The quote contains a reference to the concept of “coordination”. Previously, on this blog here we have asked about what this means.

I also found this paper on the web by John Williams of Oregon State University Extension. The paper is a summary, but, as you can see, most of these coordinating and cooperating requirements focus on NEPA documents or planning processes- and not so much the content of the decisions- which is where many of the local government groups want to go.

Of course, the recent ruling on the Southern California plan also lays emphasis on the importance of coordination (with the State, in that case) in process, yet the settlement seems to have substantive leanings. It is all certainly a dance between “process” violations; who’s at the table at settlement, and substantive settlements.

Previously most of the most controversial travel management decisions I’ve read about have been in California. Is there some broader trend here that we should pay attention to?

Rosemont and Cooperating Agencies- Round 2

January 15, 2011 Leave a comment

A news story here on Jim Upchurch’s, Forest Supervisor on the Coronado, letter on cooperating agencies.

“Coordination” Status- What’s It All About?

January 12, 2011 Leave a comment

A reader had seen this and asked me about it. It is from a group called Stewards of the Range. I am familiar with cooperating agencies but not coordinating, other than general requirements and the Southern Cal forest plan case.

What do you know about this, and what is your opinion on whether local governments should use this approach?

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