BEARS EARS SHRUNK BY PRESIDENT TRUMP
President Trump's December decision to scale back two national monuments in Utah took effect on February 2, 2018. Bears Ears National Monument has been reduced to 16 percent, and Grand Staircase-Escalante to a little over half of its original size. As legal challenges to the decision make their way through the courts, portions of the land that were excised from the monument by the Trump administration will again be open to claims under the General Mining Law of 1872.
BEARS EARS NATIONAL MONUMENT / GRAND STAIRCASE ESCALANTE NATIONAL MONUMENT
TO SHINK OR NOT TO SHRINK?
PRO KEEPING BEARS EARS NATIONAL MONUMENT AT DECLARED SIZE:
#1 NEW YORK TIMES:
WASHINGTON — Even before President Trump officially opened his high-profile review last spring of federal lands protected as national monuments, the Department of Interior was focused on the potential for oil and gas exploration at a protected Utah site, internal agency documents show.
The debate started as early as March 2017, when an aide to Senator Orrin Hatch, Republican of Utah, asked a senior Interior Department official to consider shrinking Bears Ears National Monument in the southeastern corner of the state. Under a longstanding program in Utah, oil and natural gas deposits within the boundaries of the monument could have been used to raise revenue for public schools had the land not been under federal protection.
“Please see attached for a shapefile and pdf of a map depicting a boundary change for the southeast portion of the Bears Ears monument,” said the March 15 email from Senator Hatch’s office. Adopting this map would “resolve all known mineral conflicts,” the email said, referring to oil and gas sites on the land that the state’s public schools wanted to lease out to bolster funds.
The map that Mr. Hatch’s office provided, which was transmitted about a month before Interior Secretary Ryan Zinke publicly initiated his review of national monuments, was incorporated almost exactly into the much larger reductions President Trump announced in December, shrinking Bears Ears by 85 percent.
Since taking office, Mr. Trump has been focused on expanding oil, gas and coal development and sweeping away Obama-era environmental initiatives that the administration contends hurt America’s energy industry. The debate over shrinking national monuments sparked a fierce political battle, now being fought in the courts, over how much land needs federal protection.
Continue reading the main story
Sign up for our newsletter to get our latest stories about climate change — along with answers to your questions and tips on how to help.
Sign Up
You agree to receive occasional updates and special offers for The New York Times's products and services.
PRIVACY POLICY OPT OUT OR CONTACT US ANYTIME
SEE ALL COMMENTS WRITE A COMMENT
Mr. Zinke has said that the agency review process made no presumptions about the outcomes. “We want to make sure that everyone’s voice is heard,” Mr. Zinke said at a news conference in May during a visit to Bears Ears. He has also disputed that the review of Bears Ears was related to the potential for energy production, suggesting that the agency’s own surveys showed there was not a great deal of potential there.
“We also have a pretty good idea of, certainly, the oil and gas potential — not much!” Mr. Zinke said last year. “So Bears Ears isn’t really about oil and gas.”
Most of the deliberations took place behind closed doors. The internal Interior Department emails — more than 25,000 pages in total — were obtained by The New York Times after it sued the agency in federal court with the assistance of the Media Freedom and Information Access Clinic at Yale University Law School. The lawsuit cited the agency’s failure to respond to an open records request in August asking for internal records related to the deliberations.
The bulk of the documents made public by the Interior Department — about 20,000 pages of them — detail the yearslong effort during the Obama administration to create new monuments, including input from environmental groups, Indian tribes, state officials and members of Congress. President Barack Obama created or expanded 29 national monuments during his tenure, representing a total of about 553 million acres, more than any of his predecessors.
The remaining pages, a total of approximately 4,500 files, relate to the Trump administration’s reconsideration of these actions by Mr. Obama and other presidents.
Photo
The Devil’s Garden area of Grand Staircase-Escalante National Monument.CreditScott Sommerdorf/The Salt Lake Tribune, via Associated Press
Heather Swift, the Interior Department spokeswoman, said in a statement that, in reviewing monuments, “The Secretary took into consideration the views of a variety of interested parties, such as members of congress, governors, state and tribal leaders, and the public, including the views of those parties as to possible revised monument boundaries. One such organization that weighed in was the State of Utah School and Institutional Trust Lands Administration (SITLA) which is responsible for funding so the children of Utah receive a quality education.”
Matthew Whitlock, a spokesman for Senator Hatch, said that the senator has been involved in discussions around Bears Ears for years. He emphasized that some of the land had long been designated to help fund local schools, and that Senator Hatch’s interest was to protect the school funding.
The internal Interior Department emails and memos also show the central role that concerns over gaining access to coal reserves played in the decision by the Trump administration to shrink the size of the Grand Staircase-Escalante National Monument by about 47 percent, to just over 1 million acres.
Mr. Zinke’s staff developed a series of estimates on the value of coal that could potentially be mined from a section of Grand Staircase called the Kaiparowits plateau. As a result of Mr. Trump’s action, major parts of the area are no longer a part of the national monument.
“The Kaiparowits plateau, located within the monument, contains one of the largest coal deposits in the United States,” an Interior Department memo, issued in the spring of 2017, said. About 11.36 billion tons are “technologically recoverable,” it projected.
From the start of the Interior Department review process, agency officials directed staff to figure out how much coal, oil and natural gas— as well as grass for cattle grazing and timber — had been put essentially off limits, or made harder to access, by the decision to designate the areas as national monuments.
Photo
President Trump and Senator Orrin Hatch of Utah at the White House in December.CreditDoug Mills/The New York Times
One memo, for example, asked Interior staff to prepare a report on each national monument, with a yellow highlighter on the documents emphasizing the need to examine in detail “annual production of coal, oil, gas and renewables (if any) on site; amount of energy transmission infrastructure on site (if any).” It was followed up by a reminder to staff in June to also look at how the decision to create new National Monuments in Utah might have hurt area mines.
“Sorry about this, but this came from DOI late yesterday,” Timothy Fisher, the leader of the National Monuments and Conservation Areas program at Interior wrote to his colleagues, referring to the Department of Interior headquarters in Washington. “Are there mines or processing facilities near or adjacent to a National Monument?” he wrote. He also asked how the protection of the federal lands may have affected mining.
In another email exchange, in May, two Bureau of Land Management officials said that Mr. Zinke’s chief of staff for policy, Downey Magallanes, had phoned to ask for information on a uranium mill in or near the Bears Ears monument. The request sought “economic data to the extent available,” as well as grazing and hunting maps.
And on July 17, Ms. Magallanes and Mr. Zinke’s counselor for energy policy, Vincent DeVito, met with representatives of a uranium mining company. The company, Energy Fuels Resources Inc., said its representatives hoped to discuss its White Mesa uranium mill as well as the Daneros uranium mine, both adjacent to the Bears Ears monument.
In addition to Paul Goranson, a top executive at Energy Fuels Resources, the meeting included Mary Bono, a former Republican congresswoman from California; and Andrew Wheeler, then a lobbyist at the firm Faegre Baker Daniels Consulting and now awaiting confirmation to be deputy administrator of the Environmental Protection Agency.
Ms. Swift, the Interior Department spokeswoman, said that no uranium mine or milling operations were located within the boundaries of either the original or modified Bears Ears National Monument.
The New York Times filed a Freedom of Information Act request for copies of documents related to the decision by the Trump administration to shrink two National Monuments.
WRITE A COMMENT
The debate over oil and gas reserves below the ground in Bears Ears started during the Obama administration, the documents show, with officials from Utah State Board of Education writing to the Interior Department objecting to the plan to designate the area as a national monument.
Before Utah became a state, in 1896, the federal government granted so-called trust lands to support state institutions, like the public schools, given that nearly 70 percent of the land in the state is federally controlled.
The state has generated more than $1.7 billion in revenue from the trust lands to support public schools, mostly by selling off mineral rights and allowing private companies to extract oil or gas. The Bears Ears National Monument created by President Obama in 2016 included about 110,000 acres of these trust lands, eliminating the potential for resource sales, the state said.
John Andrews, associate director of the Utah School and Institutional Trust Lands Administration, which oversees the lands designated for school funding, acknowledged that the new Bears Ears boundaries approved by Mr. Trump, which reduced the land removed from the trust’s management to about 22,000 acres, reflected his group’s request to exclude trust lands from federal protection.
But he noted that Mr. Trump ultimately reduced the monument by a much larger amount than his organization had sought.
“Obviously they were looking at facts other than the ones we had raised, we assume,” he said.
Mr. Whitlock, the spokesman for Mr. Hatch, said, “Senator Hatch is grateful these emails have been released because they make very clear that his priority in addressing the Bears Ears situation was looking out for the people of Utah.”
Correction: March 2, 2018
An earlier version of this article misstated the year that Bears Ears National Monument was created. It was 2016, not 2017.
ARTICLES IN SUPPORT OF SHRINKING THE NATIONAL MONUMENTS:
OPEN DOCUMENT
Cedar Mesa Valley of the Gods in the Bears Ears National Monument (Photo: Bob Wick/Bureau of Land Management)
The people who live nearby understand how Clinton’s and Obama’s actions harmed their communities.
P
resident Trump traveled to Utah this week to announce a reduction in the Grand Staircase–Escalante and Bears Ears National Monuments. The historic action demonstrates that the Trump administration is committed to abiding by the law — whether a majority of Americans want him to or not.
The Antiquities Act — under which President Clinton and President Obama designated a combined total of 3.2 million acres in Utah alone — was created to protect antiquities, or objects of historic or scientific interest. To that end, it expressly requires that designations be “limited to the smallest possible area consistent with proper care and management of the objects to be protected.” The act is not a landscape-conservation tool, and using it as such is an obvious breach of the plain language of the law.
President Trump’s decision to shrink the two Utah monuments, which are bigger than all five of the state’s national parks combined, indicates that he is serious about squaring the use of the Antiquities Act with the intent of the Congress that passed it.
Reducing the monuments, then, is the right decision, and a courageous one at that. Activist groups at the national level frequently point to special-interest opinion polls suggesting that most Americans oppose downsizing Bears Ears and Grand Staircase. It may surprise some, but I could concede that point. President Trump may not be doing himself any favors with the national electorate.
Every common-sense person supports the broadly stated principle of conservation, and polling questions, limited by space and perhaps colored by ideological bent, can do little more than frame the question reductively: conservation vs. non-conservation.
Yet there is a more fundamental question that special-interest groups consistently overlook: The majority is not infallible. Indeed, the very structure of our government is built on that timeless truth. The rule of law and federalism — state and local control of state and local affairs — are designed to protect minorities from the majority when it goes too far.
It should not be surprising that people who live in New York City, Washington, D.C., San Francisco, and everywhere in between — except, of course, near Bears Ears and Grand Staircase themselves — support maintaining monuments. They do not have to live with the consequences.
The public at large reaps all the supposed benefits of the monuments without having to live with their deadening economic impact.
To grasp the full extent of the disconnect, compare the public support for Bears Ears with the virtually unanimous opposition from the people’s representatives in Utah and San Juan County: The county commission, the state legislature, the local chapter of the Navajo Nation, the governor, and every member of the state’s congressional delegation strenuously opposed the designation.
The disconnect is easily explained. The public at large reaps all the supposed benefits of the monuments without having to live with their deadening economic impact. They do not have to bear the indignity of having one man in Washington dictate their livelihoods, ostensibly to conserve land — a task they had been ably performing themselves for generations.
By contrast, local communities living near Grand Staircase and Bears Ears do have to endure these hardships. As monument sympathizers never tire of pointing out, these communities are a minority. On the national level, they have virtually no political clout, no ability to negotiate for their own interests. The national majority holds all the cards, while the tiny communities that do not want their way of life upended are powerless.
It is for precisely this type of situation that federalism is designed: to protect minorities from short-sighted majorities that might be tempted, for whatever reason, to trample their rights. Those who are directly affected by policy should drive that policy. Federalism is in turn protected by the rule of law, under which those in power must abide by the laws as written, whether their electorate wants them to or not.
President Trump has made the courageous choice. By scaling back Bears Ears and Grand Staircase, he is standing up for local communities and adhering to the fundamental props of American government: federalism and the rule of law. As we will hear repeatedly in the coming weeks, this decision is unpopular with many people, and he can expect strong opposition. Good for him. He is showing a willingness to adhere to principle for the benefit of people, rather than blowing with the political winds.
READ MORE:
Monuments Executive Order: Not the First Time — Legislation Would Be Better
The Distant Conservative Heritage of the National Park Service
Trump Wants to Free Up Federal Lands, His Interior Secretary Fails Him
Details
Written by Bob Bernick, Contributing Editor
Category: Today At Utah Policy
Created: 27 November 2017
On the eve of GOP President Donald Trump coming to Utah to announce he is downsizing the new Bears Ears National Monument and cutting in half the 20-year-old Grand Staircase/Escalante monument, a new UtahPolicy.com poll finds a bare majority of Utahns support that move.
Of course, ultimately it will be the federal courts who decide if Trump’s actions will stand.
Still, the new survey by UtahPolicy.com pollster Dan Jones & Associates finds that 52 percent of Utahns “strongly” or “somewhat” support Trump’s actions.
Forty percent oppose the downsizing of the monuments in central/southeastern Utah, and 7 percent don’t have an opinion.
Right after it became known in August that Interior Sec. Ryan Zinke would recommend to Trump a smaller Bears Ears (Democratic President Barack Obama a year ago designated 1.3 million acres), UtahPolicy reported the secretary wanted around only 160,000 acres set aside as a national monument in San Juan County.
Later, GOP Gov. Gary Herbert told reporters he believed Trump would cut down the massive Staircase from its current 1.9 million acres into two or three smaller monuments.
In late October, Trump called U.S. Sen. Orrin Hatch and Herbert to tell them he was going to visit the state to announce the smaller monuments. Gov. Herbert says that visit to Utah will be during the first part of December.
It’s still unknown the exact number of acres – or where those acres are inside of the current monument proposals – that Trump will designate.
But the downsizing will be significant.
And opponents to the changes – which include several Native American tribal governments – will sue to stop the action.
Jones finds in his new poll:
Utah men and women have very different opinions on Trump’s actions: 62 percent of men want the monument downsizing, only 43 percent of women do.
A third of men oppose the downsizing, while 47 percent of women do.
Younger Utahns have different opinions than do their parents and grandparents:
Among those who are 18-24 years old, 57 percent oppose Trump’s actions, while 28 percent support the monument changes.
Those who are 65-74 years old support the president’s downsizing, 62-35 percent.
It would be hard to find an issue that more separates Republicans from Democrats in Utah than the fate of the national monuments:
Republicans support Trump’s actions, 74-19 percent.
Democrats oppose it, 88-7 percent.
While political independents oppose reducing the monuments, 50-42 percent.
The LDS faith teaches that humans should be good stewards of the land, but that the land and animals are also put on Earth to sustain humans.
Most Utah active Mormons are also Republicans.
Jones finds that 70 percent of “active” Mormons support reducing the size of the monuments; 23 percent oppose.
“Somewhat active” Mormons and those raised in the faith, but who no longer believe it, are split, Jones finds.
All other religions, by various majorities, oppose downsizing the monuments.
And those who have no religion really oppose the downsizing, 82-15 percent.
Trump will reportedly come to the state in early December to announce his decisions, but no date has been set yet.
It is also not known where the president will make the announcement – in Salt Lake City or somewhere down in Southern Utah near the monuments themselves.
Jones polled 600 adults from Nov. 16-21. The survey has a margin of error of plus or minus 4 percent.