Governor’s Task Force Arrives at Recommendations on Rock Springs RMP

In a breakout task force group to discuss the Rock Springs Area Resource Management Plan Revision, stockmen John Hay III, president of the Rock Springs Grazing Association, and T. Wright Dickinson of the Vermillion Ranch work on the Wyoming alternative. (Angus M. Thuermer Jr./WyoFile)

This is an interesting story from Wyofile on the Rock Springs RMP.  Turns out that the Governor got together a panel to review the draft.

Despite representing disparate interests, the 11 members of a governor-appointed task force reached consensus on more than 100 recommendations for the Bureau of Land Management’s controversial draft plan for managing some 3.6 million acres in southwestern Wyoming.

The guidance, released in a report late Wednesday, represents a cool-headed note in a public process defined by furor at the federal agency. Many of the packed meetings convened last fall to discuss the plan unfolded with anger and misinformation — including misinformation the BLM itself disseminated by mistake.

Gov. Mark Gordon held the recommendations up as an example of how Wyoming knowledge can inform a better Rock Springs land management plan.

“This particular effort was initiated out of necessity,” he said in a statement. “It was critical we amplified the public’s involvement in this important BLM planning document, and shared with BLM how Wyoming, through collaboration, creates durable and quality land management policy.”

The final recommendations include conserving landscapes around the prized hunting grounds of the Greater Little Mountain Area, protecting development of the trona assets contained within the Known Sodium Leasing Area as well as proposals for managing the “checkerboard” area of the field office that recognize access needs and wildlife migration. They support continued motorized use and continued grazing. They also urge protections for key cultural features and natural resources, but advise special designations in just a few limited areas.

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Though many Wyoming denizens came out forcefully against the agency’s preferred alternative, which prioritizes conservation and gives large zones new designations of “areas of critical environmental concern,” Stone-Manning stands by the draft.

“The BLM believes there are a lot of shared values and goals in this plan that strike a balance with conservation and multiple uses,” Stone-Manning said.

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“We look forward to carefully considering [the task force’s] thoughts and the public’s comments as we finalize the plan,” Stone-Manning said.

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Critics decried the closure of large acreage to energy leasing, the roughly 2.5 million acres that would be excluded for new right-of-way consideration and the transference of lands into “areas of critical environmental concern,” a designation used to protect important historic, cultural and scenic values. Designated ACECs would swell from current acreage of 286,000 to more than 1.5 million acres under B.

Conservationists, however, have championed the vision outlined in the preferred alternative, saying the area is ecologically valuable enough to warrant a conservation-forward approach.

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One major source of consternation spawned from a typo. The BLM mistakenly left in a provision saying it would close 4,505 miles of routes and eliminate another 10,006 miles of undesignated, illegal routes under Alternative B. BLM officials assured that mistake would be fixed.

But claims of the agency shutting down traditional activities like hunting, camping and recreating were unfounded, agency officials maintain.

“For whatever reason, people latched on very quickly that any ACEC designation was going to automatically restrict public use,” Rock Springs Field Office Manager Kimberlee Foster told WyoFile during a September open house. “And none of that is true.”

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The agency has battled misinformation through the process, Stone-Manning said. “One significant area of misinformation has revolved around access to our public lands,” she said in the email. “For example, there have been rumors about no longer being able to walk your dog on public lands, roads closing, and hunting no longer being allowed. None of this is true and we are taking every opportunity to separate fact from fiction. Public lands are open to the public and there are no decisions to open or close roads being made as part of updating this resource management plan.”

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Not to be unnecessarily skeptical (not being a BLM expert), but is this a case of carefully worded “sleight of planning”?  Decisions to restrict access would  not be in the plan itself, but the plan would set the context for follow-on decisions.  I note the qualifiers “automatically” restrict public use, “no decisions.. being made as part of updating.”

I also wonder if Director Stone-Manning meant this:

The BLM’s approach to defusing the hot situation, Stone-Manning said, is to start with what’s universally important about the land. “One starting place for us is always that clean water, abundant wildlife and the sustainable use of natural resources on our public lands is something that everyone cares about,” Stone-Manning said. “From this place, we are working to engage in grounded conversations and dialogue on how alternatives and details in the plan support and balance that.”

Perhaps they could have not developed the “hot situation” in the first place by talking to local folks and elected officials; or rather talking to them and following through on what they said.  If the Biden Admin is carefully watching its two land management agencies (which I don’t think it is.. but still) it might notice that many forest plan revisions have stakeholder groups that work together to develop recommendations.  Why does this RMP effort seem so relatively top-down in comparison? My BLM retiree friends would probably tell me its because FLPMA has political appointees as leading the agency.  Whether this is good governance or unnecessarily drama and ill-will-provoking is another question.

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Here’s a note I received from Pew today: (Take Action Now!). The RMP has the potential to “chart a new course for public lands management here and across the country.” Why Rock Springs though, of all places?  And the “best possible policy for the region’s wildlife and people.” Because those people..who live there.. don’t actually know what’s best for them, I guess.

Dear Wilderness Supporter,

The Bureau of Land Management (BLM) is deciding how to conserve migration corridors and habitat for more than 350 wildlife species while preserving cultural sites and sacred landscapes across a wide swath of public land in Wyoming. When finalized, the Resource Management Plan (RMP) will dictate conservation and management of this breathtaking landscape for the next 20 years or more, and the BLM needs to hear from you in order to make the best possible policy for the region’s wildlife and people.

The Wyoming Red Desert, at the heart of this management plan, is a wild place. It is one of only a handful of vast landscapes that host such an intact assemblage of wildlife, ranging from a one-of-a-kind resident population of desert elk, the world’s longest migration corridor for mule deer, and pronghorn antelope and prairie dog colonies as far as the eye can see. Further, significant Indigenous petroglyph sites and ancient trails crisscross the landscape. At the same time, oil and gas rigs encroach on the important habitat here, as do other proposals for developing the land.

Help shape the future of our public lands by lending your voice for wildlife and wild places.

The BLM issued a draft management plan that favors a strong conservation approach, proposing to limit additional energy development while ensuring that many of the undeveloped areas and cultural resource sites remain undisturbed. With several important changes, especially for migration corridors, the Rock Springs management plan has the potential to chart a new course for public lands management here and across the country. Don’t miss your opportunity to weigh in on this critical plan and help ensure that its final version is the best it can be for wildlife and wild places!

Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions FS and BLM

Here’s a link to the Agenda

Here’s a screenshot of the BLM section:

Looks like the “Conservation and Landscape Health” CLH rule will be out soon.
Here’s a screenshot of the FS section:

Looks like MOG is not on the list for now. Many of these are unknown to me… if any of you are familiar with them or have links to reporting, please put in the comments (that’s also true for the BLM regs other than the CLH reg.

Rock Springs RMP: Renewables, Carbon Capture, Transmission and Rights of Way- Wyofile Story

This map depicts rights-of-way exclusion areas as proposed in the Bureau of Land Management’s preferred “conservation” Alternative B of the Rock Springs Resource Management Plan draft environmental impact statement. (Wyoming Bureau of Land Management)
This map depicts rights-of-way exclusion areas in the Bureau of Land Management’s current management plan. (Wyoming Bureau of Land Management)

We have been discussing the Rock Springs RMP. First, the Cowboy Daily had an article about a retiree’s views on the process.  Then we had the NY Times story.   I’m always wondering about whom the Biden Admin is serving when it comes to making decisions on renewable energy vs.  “protection.” Fortunately for all of us who don’t want to read draft EIS’s (without getting paid),  a reporter from Wyofile looked into specifically my question.

This map depicts rights-of-way exclusion areas as proposed in the Bureau of Land Management’s preferred “conservation” Alternative B of the Rock Springs Resource Management Plan draft environmental impact statement. (Wyoming Bureau of Land Management)

Undeveloped areas will be largely off-limits to industrial-scale energy projects — be they fossil fuels, trona, hard minerals, wind, solar or a combination — under the Bureau of Land Management’s preferred “conservation” scenario for managing 3.5 million acres of federal land in southwest Wyoming, some observers say.

That’s primarily because the BLM’s conservation priority spelled out in “Alternative B” — one of four management scenarios in the Rock Springs draft environmental impact statement guiding its resource management plan — would vastly expand “exclusion areas” for rights-of-way, hampering greenfield development for projects that require new roads, pipelines and electric transmission lines.

Nearly 2.5 million acres — 71% of the planning area — would be excluded from consideration for new rights-of-way.

That’s a 481% increase in acreage off-limits to things like maintained roads, power lines and pipelines. BLM officials say it’s also a means to inhibit permanent industrial facilities in other areas — a state-owned land section, for example — because they typically require infrastructure like power lines and pipelines. 

“Conservation, that’s what’s driving that particular alternative,” Wyoming BLM spokesman Brad Purdy told WyoFile. “So there would be less development overall.

“Rights-of-way,” Purdy continued, “that’s how we [permit] solar. It’s how we do roads, how we do power lines. I think all of those types of things would be impacted.”

The proposed rights-of-way exclusion areas take into account conservation values weighed against “marginal” energy yield opportunities in yet-to-be-developed areas, according to the BLM. Legislative leaders, however, say it’s another example of the agency’s failure to find a balance that doesn’t harm Wyoming’s “bedrock industries.”

My bold. But if they are marginal energy opportunities, why do they need to be taken off the table?

So here is what the Wyoming Outdoor Council folks think.

A close examination of where the 2.5 million acres of rights-of-way exclusion areas are drawn suggests a recognition of marginal development opportunities, particularly for wind, solar and geothermal energy, according to Wyoming Outdoor Council Energy and Climate Policy Director John Burrows.

There are simply higher-value wind resources in other areas of the state, Burrows said, while the preferred alternative still allows for adequate growth in both wind and solar development where industrial infrastructure already exists — primarily along the Interstate 80 corridor. The proposed exclusion areas, he noted, mostly encompass large areas of the northern and southern portions of the management area, where there’s little to no existing industrial infrastructure.

“The BLM’s preferred alternative keeps just under 1 million acres of land open and available to wind and solar leasing,” Burrows said. “In our assessment, this is more than adequate to give future opportunities for responsibly sited renewable development while also protecting the truly outstanding wildlife habitat, wide-open spaces, cultural resources and other values across the planning area.”

Is it possible that maybe the Wyoming Outdoor Council is not on the same page as DOE might be on the need and preferable locations for renewable development (and transmission lines)?

Industrial-sized carbon management projects such as the Sweetwater Carbon Storage Hub, which would pump and store carbon dioxide deep underground, and Project Bison, which would pull carbon dioxide from the atmosphere in what’s referred to as “direct air capture,” are located just outside the BLM’s Rock Springs Field Office management area. However, those projects require pipelines, power lines and other infrastructure that may need rights-of-way approval from the BLM in the Rock Springs management area.

For example, the Sweetwater Carbon Storage Hub partnership will rely on constructing facilities to collect carbon dioxide from multiple existing trona mining facilities near Green River and pipe it to injection sites near Granger.

Trona, oil and natural gas

The BLM’s preferred conservation alternative would also further restrict potential expansions of trona mining and, especially, oil and natural gas development due to the proposed growth of rights-of-way exclusion areas and myriad wildlife habitat projections.

It would “increase the level of impacts to trona development and could result in further reduction of trona extracted via mining activities,” according to the draft EIS. It would also result in a 73% drop in projected federal oil and gas drilling over the next 20 years “due to an increase in areas that are closed to fluid mineral leasing and managed with [no surface occupancy] stipulations.”

It seems like different departments within the USG are funding climate actions, technologies and subsidies, while others are blithely cutting off possibilities for the future use of those technologies and increasing the difficulty of siting.  If we are in a “climate emergency” wouldn’t we want to map the potential build-out of renewable and transmission needed first, and then “protect” what’s left?  And certainly mining our the minerals we use,  and not importing them (from countries of questionable friendliness) has some value, even if they do not fit the definition of “strategic.” Because they provide jobs and tax dollars, and if our environmental regulations are not as tight as other countries’ are, they can be fixed.  The point of view of “get it somewhere else” applied to the US seems to me to be economically and national security-wise a really bad idea.  And I thought Covid had made us rethink supply chains? At the same time, according to this Admin, made in the US is a good thing, while minerals produced in the US are not, except for some.  It’s all very puzzling.

Anyway, thanks to Dustin Bleizeffer of Wyofile for looking into this.

 

Reducing Polarization: A Modest Amendment to FLPMA- Make the BLM Director a Career Position

Polarization seems a bit like the weather.. everyone talks about it, but no one does anything about it.  I can think of a variety of Big Ideas to reduce it, but the people who have gained political power via riding the polarization horse have little interest in putting it out to pasture.  So I’d propose simpler and tinier solutions which might ultimately add up to something larger.

We have two multiple-use agencies at this time, the BLM and the Forest Service.  FLPMA has the BLM Director be a political appointee.  The Forest Service Chief is not (although certainly approved by the Admin).  Folks I know who have worked in both agencies say that the policy pendulum in the Forest Service does not swing as far as with BLM.

As Governor Freudenthal (D) of Wyoming noted  in 2010 for the BLM:

Unfortunately, Washington, D.C. seems to go from pillar to post to placate what is perceived as a key constituency. I only half-heartedly joke with those in industry that, during the prior administration, their names were chiseled above the chairs outside the office of the Assistant Secretary for Lands and Minerals. With the changes announced yesterday, I fear that we are merely swapping the names above those same chairs to environmental interests, giving them a stranglehold on an already cumbersome process.

Suppose just a tiny tweak.. suppose FLPMA was amended to require the BLM Director to be a career employee? (This could also be done for all the Director roles at Interior, NPS, USFWS, BOR and BIA).   The Assistant Secretaries, Deputy Secretary and Secretary would then, similar to the FS, be politicals to develop the President’s policy as the result of the election. Career Directors should have expertise and agency management experience (preferably in the field, and in the case of BLM, in the West) and work to implement the policy as developed by the politicals. At BLM currently there is the Director (PAS) and one of two Deputy Directors as politicals and some lower level schedule C’s politicals.   If you have too many politicals around in positions of power, it is likely that everything is seem through a partisan lens.  And they don’t always hear different views.  First, it’s easy to discount voices from the other party (they are not worth listening to) and people from their own party who disagree don’t always feel comfortable telling them (you’re either with us or against us; or fear of ticking off powerful people in their own party and possibly future retaliation).  So it’s easy (especially with no career feds around who have western field experience) to be in an echo chamber and rely on people from your past life (ENGOs or industry) for info.  It leads to a situation in which people closer to the ground could come to agreement, but the politicals  in DC  cannot.

Fundamentally, to my mind, the best land solutions are developed locally by local people with local knowledge and local research.

One thing that struck me about Governor Gordon’s letter was the contrast between how this decision was made and the idea  of environmental justice.

EPA defines “environmental justice” as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. EPA has this goal for all communities and persons across this Nation. It will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision‐making process to have a healthy environment in which to live, learn, and work.

My bold. Perhaps EJ does not include “all people regardless of whom they vote for”?

Why throw out all that work, and throw the BLM employees under the bus?  For indeed, they and the State and the local folks have put a great deal of work into these plans. Fpr twelve years.

Our political friends come in to Interior and spend a few years making decisions (without having direct experience of these places and people; often without natural resources backgrounds at all). They are just passing through on their way to their next law firm, ENGO or industry post.  Meanwhile,  BLM employees have to live with the mistrust and the bad decisions that the politicals generate, in the grocery store, in the bleachers at the high school basketball game, and so on, for their entire 30 year ish career.   I’d rather that public involvement was not an elaborate hoax, and that politicals put a finger (tip?) on the scale rather than ignoring it.  For some westerners, picking a surprise alternative seems like an intentional sharp stick in the eye, and if we question it,  we are incipient Bundys (not people seeking environmental justice), and so the unproductive cycle continues.   Our access to federal land, our recreation and in some cases, our livelihoods, are pawns in the R/D chess game, effectively without agency.   Not exactly EJ, to my mind, nor any justice at all.

If Congressfolk asked me “why do this FLPMA amendment now?” I’d say it’s a tiny step towards reducing polarization.  If we are in a climate emergency, we need BLM employees (who, we remember, are down in numbers to the extent that the Admin is concerned) to not waste their time on doing and redoing plans based on the predilections of people in each Administration.  We think that the stakeholders and people who work on developing agreements and those who give public comment need to be fairly and meaningfully involved- just like the definition of EJ.. which would mean that the people in the room making the decision would be immersed in those views and agreements.  We want to build trust and the foundation for States, feds, Tribes and locals to work better together.  Things apparently haven’t changed much between Freudenthal’s and Gordon’s concerns- in the last 10 years.  If we want to build a national effort to decarbonize and to adapt to climate change (the Wildfire Commission says wildfire is an emergency).  We need to work together better across federal, state and local governments.

I’ll end with another quote from Governor Gordon’s letter, that talks about fostering relationships that lead ultimately to better governance:

Until very recently, the BLM has been a major partner, along with state and local entities, in bringing about consensus-based Wyoming solutions to major land management questions. Wyoming is a national leader on Greater Sage Grouse, migration corridor management, and responsible development. We did that with local support, stakeholder buy-in, and rigorous on the ground work. That work was not simple or easy, but it showed a respect for the resources and the people of the area. The BLM’s RMP and Preferred Alternative threaten to eliminate all the hard work accomplished by bulldozing over state executive orders, stakeholder engagement, and interagency agreements. Simply put, existing and future partnerships are in jeopardy. A federal fiat won’t run efficiently or well over such a bumpy road.

There is a substantial amount of trust placed in our federal government to manage our public lands effectively and according to law. That trust is fragile and should never be abused. One of the BLM’s Guiding Principles is, “To cultivate community-based conservation, citizen-centered stewardship, and partnership through consultation, cooperation, and communication.”

I think a simple FLPMA amendment would go a long way in that direction.

Whatever Happened To: FLPMA’s Requirements for Coordination With States? Rock Springs RMP

Many thanks to Jon for bringing up the Rock Springs RMP.  There are many interesting things about it. In this post, I’ll focus on what appears to be a breakdown in the FLPMA and associated regulations for coordination with the State.  In the next post, I’ll focus on impacts to communities and employees. I don’t know a bunch about the BLM but did participate in a Governor’s Office Review (with Harris Sherman, then DNR Director in Colorado) of the ill-fated joint BLM/FS San Juan plan.  It seemed to me that it indeed was a useful exercise.  So I was surprised when I took a look at the Governor’s letter on the proposed RMP:

in this case, Governor Gordon of Wyoming seems to have been blindsided:

More to the point, this draft does not accurately reflect the 12-year cooperative process undertaken during my entire time in office as Governor and as State Treasurer, three presidential administrations, a multitude of public meetings, cooperating agency input, technological and scientific advancements, and millions of taxpayer dollars. So, it is completely incomprehensible that the BLM selected for its Agency Preferred Alternative, Alternative B, one considered an outlier in previous attempts at issuing an RMP one that was meant to serve initially as a bookend – an alternative with the most resource use restrictions and concomitantly with the largest socioeconomic impacts. Over a decade’s worth of contributions from local stakeholders, cooperators, counties, and state agencies are either falling on deaf ears or disingenuously being thrown by the wayside with this decision.

And

The Agency’s actions here are contrary to that intent. One is left to assume that that partnership was found to be less valuable than playing to some other audience than those most affected by the people and the ecology these decisions would most impact. It is a shame that evidently little heed was paid to the wishes of local communities. The release of this draft is the first instance the public has to review the BLM’s proposal, and it has completely blindsided those involved, those who care most about the place. The release of this draft places a 90-day burden on the shoulders of those who live, work, and recreate here to understand and respond to this outlandish Preferred Alternative. The trust that has so painstakingly been earned over years of cooperation has been tested severely.

Why did that happen?  According to a source.

FLPMA is replete with directions to BLM to cooperate with states. See e.g. 43 U.S.C.  § 1712 (a)(9) (planning), § 1716 (exchanges) and § 1720 (conveyances).  FLPMA also provides an opportunity before the Final RMP for the Governor’s Consistency Review – is the RMP consistent with state and local land use plans. The late Governor Richardson was successful in redirecting a BLM plan through that process and a lawsuit.

And..

The existing BLM regulation requires cooperating agency status to be offered to State, Tribal and local governments during land use planning and current Department NEPA rules require the same for all Department Environmental Impact Statements. See BLM, Cooperating Agency Deskbook (2012) p. 2 (“The BLM amended its planning regulations in 2005 to ensure that it engages its government partners consistently and effectively through the CA relationship whenever land use plans are prepared or revised. In 2008, the Department of the Interior (DOI) applied this policy to the preparation of all EISs.

So all those requirements were .. ignored?  And  a trusted source reported that they had spoken with an ENGO who said that they were “shocked and delighted” that they had been given whatever they wanted on the RMP.  Perhaps this is less about rewarding your friend NGO’s than punishing your enemy States who don’t vote the way the Admin prefers… despite legal requirements to work with them.  I am not a fan of the ship of federalism, which has served us well, foundering on the shoals of political partisanship.

Next post: Concerns for EJ, communities and employees.

 

Presidential election has consequences for BLM plan?

The Rock Springs (WY) office of the BLM has recently released a draft of its resource management plan.  The DEIS includes the traditional four alternatives:  no-change, protection, development, and “balanced.”  As Governor Gordon’s natural resources policy advisor put it, “In this case they kind of broke precedent and chose (alternative) B, the most resource-restrictive development.”  A retired BLM employee has alleged that presidential politics played a role.

The most balanced plan for managing millions of acres of federal land in central Wyoming — and the alternative that Bureau of Land Management employees and others put the most time, effort and money into — was rejected by the past two presidential administrations, a retired BLM employee said.

The Trump administration likely would have pushed Alternative C because it favors more drilling for oil, he said.

But the Biden administration has gone to the opposite extreme, so the BLM now is pushing forward with Alternative B, which designates 1.8 million acres as “areas of critical environmental concern” (ACES).

Evans said it’s disheartening that two presidential administrations boosted the plans with the least amount of effort put into them.

“The science and the work to do that was all done on D,” Evans said. “And it’s kind of a shame that what the people in the field office and the cooperators spent all that time doing was rejected.”

Now many of those same BLM insiders who worked for years and spent millions of dollars fleshing out a balanced alternative instead have to push the administration’s preference and sell it to Wyoming residents and officials.

The State of Wyoming is considering suing over the plan (even though is not final yet).  Road management and minerals are key issues.

Based on my experience, I would agree that there may not be a precedent for selecting the most resource-restrictive land management plan alternative .  I also have not seen this level of direct political involvement in picking an alternative in Forest Service planning.  Typically in the Forest Service, any political “wants” would be built into the “balanced” alternative that would end up being selected.  Please let us know if anyone has had a different experience.  (Maybe this is a result of the different structures and cultures of the Forest Service and BLM.)
I have mixed feelings about this approach, where all but one are essentially straw alternatives.  Legally, all action alternative must be given equal treatment in the effects analysis, but that doesn’t preclude more serious thought being put into to the design of one alternative.   If one of the others is actually selected it would create the problem the employee described here – it has to be prettied-up at the end of the process.  I think it is important to meaningfully evaluate all reasonable alternatives, but there is a difference between “reasonable” meaning “what would meet the purpose and need” and “reasonable” meaning, “what the agency could realistically select.”  I think what is missing from public disclosure is the actual iterative alternatives that are considered in building the preferred alternative.
On October 9, the BLM extended the public comment period to January 17.  I guess that would buy them more time to refigure out the details of this alternative, or as they point out “In any resource management planning process, the final plan may mix and match portions from all the alternatives.”   “Rebalancing” them I suppose.

House of Representatives v. BLM – monuments and the public lands rule

Grand Staircase – “visitutah.com” (Larry C. Price)

Dismissal of a lawsuit against President Biden’s proclamation restoring the boundaries of the Grand Staircase and Bears Ears national monuments allows the NEPA process to develop a management plan for these areas to proceed unhindered.  Biden ordered the BLM to work on replacing the Trump Administration’s resource management plan, and the BLM published its draft RMP on August 11 for public comment.

BLM may proceed unhindered, that is unless Congress decides to hinder them.  The FY2024 Interior, Environment, and Related Agencies Bill the House Appropriations Committee passed in July, which the full House of Representatives is expected to vote on in September, includes a rider that would require the BLM to manage the Grand Staircase NM in accordance with the plan finalized after Trump reduced the monument.

Which is the better planning process – RMPs based on public involvement through NEPA or RMPs based on appropriations riders?

The bill would also deny funding to implement the BLM’s public lands rule (a popular topic with many posts here from Sharon).  Another bill would force BLM to withdraw the rule (without considering all those public comments).

Kya Marienfeld, wild lands attorney for SUWA, called the Utah congressional delegation’s lack of support for the state’s public lands disappointing but adds that opposition is offset by more enlightened members of Congress who actively support the Grand Staircase and other public lands.

Appropriation riders seem to be kind of crap-shoot in the turmoil of budget negotiations, so I have no idea what the betting line would be on President Biden signing off on this one.  The “more enlightened members of Congress” may have more of an influence on defeating the withdrawal proposal.  Is that a bad thing?

 

 

BLM Range Whistleblower and Potential Risks of Bundy-Phobia

he Rio Grand River flows on Feb. 16, 2022, near Monte Vista. RJ Sangosti, The Denver Post

The Denver Post had an intriguing story  about a BLM whistleblower:

Melissa Shawcroft, who has been a BLM rangeland management specialist since 1992, is facing a two-week unpaid suspension after her supervisor disciplined her over discourteous emails and a failure to follow rules. Shawcroft is arguing that the discipline is retaliation for her insistence that the Bureau take action to stop area ranchers from trespassing by allowing their livestock to graze on BLM property without permits.

The illegal grazing has gone unchecked for years on the nearly 250,000 acres she manages and her pleas for enforcement, which must be authorized by her supervisors, have gone unheeded, she said. Shawcroft has documented damage to the land and riverbanks and has heard repeated complaints from ranchers who pay to use BLM land.

The way the above sentence is written it sounds as if illegal grazing has gone on on all 250K acres. This seems unlikely.

“I’m sick and tired of them telling me it’s my job to solve the problem when I don’t have the authority to do it,” Shawcroft told The Denver Post. “I jabbed at them and they fired back.”

The Bureau has the power to impound livestock or levy fines, but managers are timid because they fear another armed standoff similar to the ones led by the Bundy family in Oregon and Nevada, Shawcroft said. In 2014 in Nevada, Cliven Bundy, his family and an armed militia organized a standoff with federal agents who had come to round up the rancher’s cows that were illegally grazing on federal land.

“They come right out and tell me we don’t want another Bundy situation,” Shawcroft said.

Steven Hall, the BLM’s Rocky Mountain communications director, said the agency does not comment on personnel issues, but the agency takes unauthorized grazing seriously and is adopting measures to better enforce the rules, he said.

Under federal law, livestock may graze on Bureau of Land Management property when a rancher holds a permit authorizing the land use. Permits are passed down through families and rarely become available for purchase.

The permits determine how many cattle, sheep or horses a rancher can place on federal land and which months the animals are allowed to feed on it. Those rules protect the land from overgrazing and give grass, brush and water time to recover throughout the year.

Shawcroft manages rangeland along the Rio Grande River where property on the east side is private and cows and horses are crossing the river to the federally-owned Rio Grande Natural Area on the west side, she said.

If it’s true that BLM managers said that.. is Bundyism (fear of armed conflict) a real thing, or an excuse?  Reminds me a bit of the FS claiming escaped prescribed burns were due to climate change.  Bundys are a thing. Climate change is a thing.  But both things can also be used as excuses for not doing better.  When we read these things, we need to think about which is which.

Interestingly, the ones who are most irritated are .. other ranchers.. who apparently are not going All Bundy on the law-breakers.

Area ranchers who pay for the permits are complaining that law-breakers are ruining the land for their livestock. It’s such a problem that “chronic livestock trespass” was on the June agenda for the BLM’s Rocky Mountain Resource Advisory Council meeting.

At that meeting, Dario Archuleta, the acting field manager for the BLM’s San Luis Valley field office, said there is a “fine-tuned administrative process they believe will be vastly more effective than the criminal approach,” according to minutes from the meeting.

Archuleta told the meeting’s attendees that the process for impounding livestock is lengthy and complicated and that courts have been lenient on violators.

The BLM has assigned up to 14 employees to address unauthorized grazing through site visits that require a minimum five-hour time commitment, including travel, Hall told The Denver Post.

The agency also has implemented a new GIS tracking tool to collect data such as identifying livestock and the improved documentation has resulted this year in trespass notices being issued, Hall said.

Shawcroft is represented in her complaint by Public Employees for Environmental Responsibility, a non-profit that works with public employees who want to point out government wrongdoing.

………..

The Bureau of Land Management named Shawcroft its range management specialist of the year in 2012 and she’s only had one other disciplinary action taken in her 31-year career, Jeff Ruch, PEER’s Pacific director said.

“She doesn’t mince words and apparently some of her male supervisors took offense,” Ruch said. “The idea that you’re being hit with a heavy sanction when you use words like ‘gumption’ in an email strikes me as an overreaction.”

Now, having been involved in a variety of different personnel difficulties, I am sympathetic to everyone involved, and especially the HR and Labor Relations who I’m sure are trying to sort things out. I wonder what the maleness of (some) supervisors has to do with it. Perhaps this is intended to imply that male employees can get away with more acerbic statements? Curious.

Here’s what PEER says:

On July 28, 2023, Melissa was served with a proposed 14-day suspension without pay for a series of four emails dating back to December 2022 in which she expressed consternation at BLM’s hands-off posture on grazing trespass. In one email, she questioned the agency’s lack of “gumption” and in another whether the agency would “live up to the task of taking care of our resources.” For those emails, she is charged with “discourteous” behavior.

IF this is all it is.. I would say I have read many snarkier emails in the FS about FS activities. On the other hand, when it comes to personnel issues, there are at least two sides to every story.

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Why Monuments and Not National Conservation Areas? More Monument-al Reflections

A few quotes and reflections about Monuments. In some sense, they seem more about politicians getting credit from supportive groups, rather than good things happening on the ground. And those experienced with BLM processes please correct me if I’ve gotten some things wrong.

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First of all, there’s kind of a philosophical question about “protection.” If there are the many wondrous things talked about, say, in a Monument proclamation, then existing laws and regulations must have already protected them, so no biggy, really. To protect archeological sites on far-ranging areas like 1.1 mill acres, you probably need more law enforcement. The same groups that work so hard on Monuments (I’m talking big NGOs) could easily fund those kinds of collaborative efforts.

So if we go by the rhetoric, then there are unspecific future things that could be proposed, that we need to keep from happening before they are proposed, because we can’t trust existing statutes, regulations and processes to protect the environment. And the environment in this place is more important than elsewhere, for various reasons.

So what is this desire to Monumentize really about? For the Prez, it could just be politics as usual, rewarding friends with a frisson of punishing enemies (Utah is right next door to this one). But that’s not entirely it.

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I ran across an article in the Wall Street Journal about a rich person named Elaine Wynn in Las Vegas and the Basin and Range National Monument. This story is about Congress, but the principle’s the same..important ($) people want Monuments.

She has remade herself as a world-level art collector and a force in public art, supporting the Los Angeles County Museum of Art and using her influence to help create a national monument designation to protect land around Michael Heizer’s City—a 1.25-mile-long earthwork sculpture in Nevada. She has taken her work in Nevada education to the national level: She is chairman of Communities in Schools, which provides resources to disadvantaged children. It recently received a surprise $133 million gift from MacKenzie Scott, Jeff Bezos’s ex-wife.
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Michael Govan, director of the Los Angeles County Museum of Art, says Wynn was a key figure in the 2015 creation of Basin and Range National Monument, which protects the 704,000 acres surrounding Heizer’s City. President Barack Obama approved the designation. “When [Elaine] started making calls to Congress,” Govan says, “somehow I was received in a different way.”

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Let’s also look at this op-ed from the Durango Herald by an outdoor businessperson from last Friday.

“There is a new community-led movement for the president to designate the Dolores River Canyon Country as a national monument, which would open new avenues for local economic growth, increase resources to thoughtfully manage these wildlands and deepen the quality of life in our community. We believe that a landscape-scale national monument would open the door to better management and conservation, and provide additional resources to land managers to accommodate for sustainable recreation and continued access.”

Hmm. “New avenues for local economic growth”- what does that mean exactly? More people coming to town? But the area is overcrowded already. And as we’ve seen with the San Gabriels, a Monument does not necessarily come with more funding attached. I don’t know about “deepening the quality of life” but in other parts of Colorado, more people does not actually deepen the quality of life. And again, the author says “provide additional resources to land managers.”

I see several problems with this thinking. 1. More growth and people is not necessarily better, not if it leads to housing problems, etc. 2. Monuments need Monument plans, which distracts managers from.. actually managing (and reopen disagreements, which doesn’t necessarily “deepen the quality of life” at least not for the people involved). 3. Even if they did get additional resources, would the new number of bodies outstrip the new resources? and 4. Even if they did get more resources, as new Monuments pop up everywhere, they will be competing with each other and who is to say that a Dolores River Monument would beat out Chimney Rock, Brown’s Canyon, or Canyon of the Ancients, or Bears’ Ears or ..

Another interesting part of the op-ed is this..

Senators Michael Bennet and John Hickenlooper are leading the way to protect the Dolores River Canyon County, and have introduced legislation to designate a National Conservation Area to protect nearly 68,000 acres of the river corridor through Ponderosa Gorge. We are very supportive of this legislation and urge the senators to do anything they can to ensure it becomes law. However, the legislation does not encompass the entirety of the watershed, and politics in Congress are so uncertain that there may not be a viable path for the bill to become law.

If you take a look at the bill, it tends to have the same feel as a Monument; it is in fact very detailed about what’s in and what’s out. It has a FACA committee to be established within 180 days.. good luck with that! It’s got motorized travel only on existing routes, no new temp or permanent roads except for public health and safety, yes to grazing, but withdrawals from future minerals (401b). Uranium crops up again..

(1) IN GENERAL.—Nothing in this title affects valid leases or lease tracts existing on the date of enactment of this Act issued under the uranium leasing program of the Department of Energy within the boundaries of the Conservation Area.

UPDATE: BASED ON CORRECTION FROM TSW READERS

So there are National Conservation Areas.  Congress gets NCAs, the Prez gets Monuments.  One can imagine if political friends of an Admin want this kind of thing, it’s much easier to get.. just a stroke of a pen (OK, so obviously they do talk to some people in advance).   But of course, as with NCA’s, first they make the decision about what’s in and out, and then have public comment and an EIS on any decision space left. Which kind of leaves the impression.. yes, NEPA is superimportant, as is public involvement, including marginalized communities.. but not for really important decisions.

It seems like an advantage of Monuments that they can do some Service-First-y things with the FS; whereas I don’t know how they handle FS land in and around NCAs.

But anyway, for now, just for the BLM, we have a variety of conservation designations – Monuments, ACECs, NCAs, Wilderness, and WSAs. Perhaps other citizens find this to be needlessly confusing? And there’s more encouragement of ACECs in the proposed BLM public lands rule.

If I were elected President (a candidate of the Good Governance Party), I’d ask the Secretaries to make a table of all the existing protected area designations on the Forest Service and BLM. The table would include what activities are allowed and which not, with maps. For each specific area, I’d ask how much funding went to work within those areas. Then I think Admins and Congress would have a better picture of the whole array of land restrictions, and where the bucks actually get to the ground. I’d also think that some of these designations could be fitted into simplified bands across the FS and BLM as to what activities are in and out, to increase public understanding of, and perhaps make it easier to enforce, the rules designed to protect from impacts.

BLM’s Landscape Intactness Index- Another National Mapping Exercise

The second paper cited in the BLM Public Lands Proposed Rule is called “A Multiscale Index of Landscape Intactness for the Western United States.“.

Landscape intactness has been defined as a quantifiable estimate of naturalness measured on a gradient of anthropogenic influence. We developed a multiscale index of landscape intactness for the Bureau of Land Management’s (BLM) landscape approach, which requires multiple scales of information to quantify the cumulative effects of land use. The multiscale index of landscape intactness represents a gradient of anthropogenic influence as represented by development levels at two analysis scales.

So “intactness” is a measure of “naturalness”.

To create the index, we first mapped the surface disturbance footprint of development, for the western U.S., by compiling and combining spatial data for urban development, agriculture, energy and minerals, and transportation for 17 states.

One interesting thing about this is that it’s not just for BLM it’s for all lands, including FS. You can look at it here or download as a Google Earth file (KML).

The multiscale index of landscape intactness is designed to be flexible, transparent, defensible, and applicable across multiple spatial scales, ecological boundaries, and jurisdictions. The standardized index is intended to serve as one of the proposed core metrics to quantify landscape integrity for the BLM Assessment, Inventory, and Monitoring program. The multiscale index is designed to be used in conjunction with additional regional- or local-level information not available at national levels, such as invasive species occurrence, necessary to evaluate ecological integrity.

It wasn’t easy for me to find exactly how it was calculated. It also looks like the data were collected between 1999 and 2014.  Conceivably in the last 10 years some places developed due to mining or renewable or other energy resources that have since been built out or are permitted to do so.

If I were going to generalize about the current fashion for mapping exercises, what they seem to have in common is:

1) Not being clear at the beginning exactly what the purpose is.. for what kinds of decisions, made at what scales, during what time period?

2) Not involving stakeholders in the development of the mapping exercises, including the development of  specific  measures and how to merge them into indices.

3) Not clear as to whether it’s a one-time thing or there is a plan to update for real-time decision making

3) Not ground-truthing before use

4) Ambiguousness about what they are to be used for and when.. need to be “supplemented by local knowledge” but can be used for “broader scale policy issues”.  Inquiring minds would like to know how information can be useful for broad-scale policy issues without being accurate at the ground level.

and

5) Not coordinating with many extremely similar-sounding exercises by other agencies and NGO’s. Even a simple explanation of why this one is needed, given the other ones would be useful.

To get people to trust, it’s all about transparency and accountability.  The steps I outlined above are not difficult.  It’s a bit head-scratchy as to why the USG, in particular, doesn’t seem to think these steps are important.

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Thinking about other efforts, I think about Pew’s and Conservation Science Partners’ mapping of “ecological value” ideas that came from the conservation science community..

We define ‘ecological value’ as the potential for a given location on the landscape (i.e., a pixel in a gridded landscape raster) to contribute to crucial ecological processes such as supporting biodiversity and connectivity and buffering organisms against the impacts of climate change through carbon storage and accessibility of favorable climate  conditions. This concept is related to that of ‘conservation value,’ as used by Dickson et al. (2014), but does not directly incorporate social/political aspects of conservation such as the proportion of an ecosystem type currently protected.

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Maybe it’s a crazy idea, but what if we jointly decided with stakeholders what was important to protect .. “integrity” vs “conservation value” and so on, and then mapped (on all lands) whatever that was,  as a joint project with local folks  ground-truthing. Oh, and decided what were the threats in that location, and how best to protect from those threats.  Hmm. that sounds like an ideal of RMPs or Land Management Plans.  I’m not a fan of the current processes, but I do like the locus of control.