DEBATE OVER UTAH NATIONAL MONUMENTS:
PRO BEARS EARS / GRAND STAIRCASE ESCALANTE NATIONAL MONUMENTS:
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.
Grand Staircase-Escalante, Utah (-46%)
Bears Ears, Utah (-85%)
Cedar Mesa Valley of the Gods in the Bears Ears National Monument (Photo: Bob Wick/Bureau of Land Management)
The Devil’s Garden area of Grand Staircase-Escalante National Monument.
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:
PRO SOURCE #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.
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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.
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.
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.
PRO SOURCE #2
November 29, 2017 Rhea Suh
Trump plans to further his disregard for America’s indigenous groups by removing protections for sacred public lands.
OPEN DOCUMENT
Tim Peterson
It wasn’t enough to hijack a ceremony to honor Navajo code talkers so he could deride a U.S. senator as “Pocahontas.” President Trump now plans to go to Utah on Monday to decimate the Bears Ears National Monument, public land that’s sacred to five tribes of Native Americans.
Not content to relegate a historic figure to a partisan punch line, Trump is poised to build on a shameful legacy of betraying indigenous Americans. He is breaking a solemn promise to forever safeguard ancestral lands that speak to vital parts of our country’s history.
He reportedly intends to shrink the Bears Ears monument from more than one million acres to a mere 200,000 and to similarly gut the nearby Grand Staircase-Escalante National Monument. And he aims to expose hundreds of thousands of acres of these lands to destructive industrial mining and drilling that profit the few at the expense of the many.
That formula increasingly defines the Trump agenda. It strikes at the very ideals of equity and government by the people that sustain our notions of nationhood. In this case, it also revives an acutely painful injustice to the original American people. Wresting land from tribes was disgraceful in the 19th century. We’re not about to countenance it now.
During Monday’s White House ceremony to honor the heroism of the Navajo code talkers—who used their native language as the basis for a secret code that helped the U.S. Marines prevail in some of the bloodiest fighting in World War II—Trump used the occasion to scorn Senator Elizabeth Warren, calling her “Pocahontas.” He managed in a single blundering stroke to offend the dignity of the event, mock Warren’s claim to Native American heritage, and belittle a woman of great importance in our nation’s history.
“Pocahontas is a real person . . . not a caricature,” Navajo Nation President Russell Begaye told CNN. “This is a person, a young lady and Native American woman, that played a critical role in the life of this nation.”
Much of what is believed about Pocahontas comes from the accounts of English settlers. Captain John Smith wrote in his memoirs that she twice saved the first permanent English settlement in America, at Jamestown. According to accounts by him and others, Pocahontas spent much of her life trying to bridge the conflicting transatlantic worlds of her native Powhatan people and the English invaders.
It is documented that she was the first Native American known to have married an Englishman. She gave birth to the first English-American child of record. And she crossed the Atlantic to bolster flagging investor support in London for the foundering English colony in Virginia. Without Pocahontas, by the settlers’ own telling, Jamestown would have failed.
It’s bad enough Trump doesn’t know history. His plans, now, have echoes of one of the most shameful chapters in our past. The lands of southeastern Utah have been home to indigenous peoples for thousands of years. It’s a majestic region of sandstone canyons, desert mesas, forested highlands, and red rock formations. One area in particular, named for twin buttes that resemble the ears of a bear, contains ancient cliff dwellings, rock art, and more than 100,000 other archaeological, cultural, and spiritual sites. They attest to varied and diverse American civilizations that existed long before the first Europeans arrived.
That’s why President Obama created Bears Ears National Monument, setting aside 1.35 million acres of public land for special protections meant to preserve this special place for all time.
Remember, this is public land, protected in the public interest―and in this case, with a twist. The indigenous people whose ancestors lived on Bears Ears lands have a direct say in the monument’s management and long-term planning. The Bears Ears Inter-Tribal Coalition is made up of leaders from the Hopi Nation, Navajo Nation, Ute Mountain Ute Tribe, Ute Indian Tribe of the Uintah Ouray, and the Pueblo of Zuni. It makes sense to tap into the wisdom and experience of people who’ve known these lands for centuries.
Native peoples have a voice, and we all have a stake, in the lasting preservation of Bears Ears. That’s why, since Trump first hinted at carving up Bears Ears, more than a million public comments have poured in to support this unique monument.
If history is the conversation we have with the past, we need to listen closely. Trump, though, is listening to industry’s version, not the American people’s. Well, he won’t get away with it. The Antiquities Act of 1906 gives presidents the authority to designate national monuments. It does not empower them to slice up monuments designated by others. If Trump tries to do that to Bears Ears, we and others will take him to court.
And we’ll carry with us the inspiration of patriots like Peter MacDonald, who was 15 years old when he volunteered to become one of the 400 Navajo code talkers serving our country. Today, he’s one of 13 still alive to tell their story. “What we did truly represents who we are as Americans,” MacDonald said at Monday’s White House ceremony. “We have different languages, different skills, different talents, and different religion. But when our way of life is threatened, like the freedom and liberty that we all cherish, we come together as one.”
And we will come together as one in the next few days, with our community partners, to block any illegal attempt by this president to eviscerate protections for Bears Ears.
ANTI BEARS EARS:
ations, businesses, and paleontological and archaeological societies also sued. As all three lawsuits explain, President Trump has neither constitutional nor statutory authority to dismantle national monuments created under the Antiquities Act of 1906. On January 31, 2018, the district court consolidated all three lawsuits.
The U.S. Department of Justice has moved to transfer the cases out of the U.S. District Court for the District of Columbia and send it instead to the U.S. District Court for the District of Utah. The plaintiffs have opposed transfer, and we are awaiting the court’s decision.
Today, NRDC and Southern Utah Wilderness Alliance, together with Earthjustice on behalf of nine other groups, have filed a lawsuit to block the Trump administration from dismantling Bears Ears National Monument, a region sacred to many indigenous peoples and home to more than 100,000 archaeological sites that have long been threatened by looting, vandalism, and industrial development. The groups argue that President Trump exceeded his authority under the Constitution and violated the 1906 Antiquities Act, under which President Obama created the monument.
After a speech filled with untruths at the Utah State Capitol on Monday—and in a blatant handout to the oil, gas, coal, and uranium industries—President Trump carried out the largest attack on public lands in the nation’s history with two strokes of his pen. In separate proclamations, Trump ordered the reduction of Bears Ears National Monument by an astounding 85 percent and Grand Staircase-Escalante by 46 percent: more than two million total acres all together.
“President Trump grossly exceeded his authority in this shameful attempt to hand over sacred lands to polluters and private commercial interests,” NRDC President Rhea Suhsaid. “His order is not just illegal but also a serious affront to every American who values our country’s natural heritage. This landscape—with its petroglyphs, stone villages, and sheer natural splendor—has been the homeland to indigenous peoples for thousands of years.”
This lawsuit comes just three days after NRDC and our partners sued the Trump administration over its attempt to also eviscerate Grand Staircase-Escalante National Monument. “Trump issued an illegal proclamation, trying to strip protection from treasured lands held in trust for all of us and our grandchildren—all so he can give a massive handout to polluters,” Sharon Buccino, director of NRDC’s Land & Wildlife program, said in response to his action on Grand Staircase. “When we see this kind of folly, we will meet it swiftly with a legal complaint.”
Earlier this week, the five Native American tribes of the Bears Ears Inter-Tribal Coalition filed their own lawsuit defending the national monument.
Other monuments could soon face similar assaults from the Trump administration. Despite nearly three million public comments in support of safeguarding our most treasured natural spaces, U.S. Department of the Interior Secretary Ryan Zinke submitted a report in August recommending that the president strip protections for at least 10 publicly held land and marine monuments—and proposed opening them up to drilling, logging, commercial fishing, and other for-profit activities.
“We look forward to fighting in court to forever preserve these historical, natural, and cultural treasures that are held in trust for future generations,” Suh said.
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
ANTI SOURCE #2: BRAVE NEW WEST
The Bears Ears National Monument controversy continues unabated, and President Trump's visit to Utah is sure to keep the fires burning. Media coverage has been dominated by the agendas of mainstream environmentalists and the corporate recreation industry.
But opinions on this issue need to be based on the best and most accurate information available. Consider these common misconceptions and some badly needed facts:
Monument status is essential to protect the region's priceless archaeology.
It's repeated ad nauseum on social media and it is false. National monuments are created via the 1906 Antiquities Act, but that law was hopelessly weak. In 1979, Congress passed the "Archaeological Resources Protection Act" to address those shortcomings. Former BLM Grand Gulch ranger Lynnell Schalk noted in "Archaeology" magazine that the Antiquities Act “was a slap on the wrist. With the passage of ARPA, the looting and trafficking of archaeological resources was given a felony provision.”
The monument was already federal land, protected by ARPA. We know funding is critically limited. Concentrate resources to enforce that law.
Without monument status, Bears Ears will be decimated by energy extraction.
Again, false. While environmentalists like SUWA board member Terry Tempest Williams insist that monument opposition is a "Big Oil" conspiracy, the facts indicate otherwise. While energy potential exists near the monument, federal land managers, geologists and most local residents agree that opportunities for commercially recoverable oil are low inside it. Even the Grand Canyon Trust admits that "the uranium mining boom in southeast Utah has long since passed, and oil and gas are not resources that exist in high quality or great quantity in Bears Ears."
Likewise, there are still a few monument opponents who believe there are profitable resources to be extracted from it. I believe they're also mistaken.
Bears Ears National Monument honors Native Americans by giving them "active co-management" of the monument.›
False. Bears Ears will be managed by the federal government, which will "retain ultimate authority over the monument.” The proclamation specifically provides only for an advisory commission of the tribes to offer advice, but that's as far as their authority extends.
Everyone who opposes the monument is a racist.
There certainly is racism in San Juan County. It exists in Grand County too, and just about anywhere you can throw a dart at a map. But it doesn't manifest itself via opposition to this monument.
If anything, affluent, white, urban environmentalists have made racism a part of their marketing strategy and created their own Native American stereotypes, insisting that all tribal members share the same values and views. The fact is, there is as much diversity of opinion among the tribes as there is anywhere else.
If there's a need to categorize, then separate those who truly support wilderness for its intrinsic values, like solitude, habitat protection and archaeological preservation, versus those who want to exploit the monument's economic recreation/tourism potential.
For example, the pro-monument Inter-Tribal Coalition supports commercial rock climbing in the monument, insisting that climbers "will be committed and effective advocates for good land-use policies." And yet, for decades other tribes have fought vainly to protect sacred sites from persistently reckless and insensitive rock climbers.
Navajo vice president Jonathan Nez wrote, "Tribes have united to stand their ground against recreation, industry and development. The Bears Ears are sacred to our people."
Yet Navajo Ken Maryboy, the most vocal monument supporter from Utah, told the Navajo Times, "if Navajo could … co-manage this area, we will have money coming in from hunting, tourism, sightseeing." And Maryboy supported the now defunct "Grand Canyon Escalade," a massive tourist development that was to be built on the canyon rim, complete with trams and hotels.
Both are Navajo. But with starkly different views.
Ultimately, tourism is a clean, less destructive economy that can transform the West.
Have you been to Moab lately? It was the Grand Canyon Trust's Bill Hedden who said almost 20 years ago: “Everywhere we looked, natural resource professionals agreed that industrial-strength recreation holds more potential to disrupt natural processes on a broad scale than just about anything else. It’s a very tough problem affecting all of us.”
It would be gratifying if everyone, including the Grand Canyon Trust, remembered those words.
Monument supporters need to be honest about their intentions. If they support the monument because they think it will be a boon to the tourist economy and that the sheer numbers it will bring to the area will transform it in ways no one might have imagined just 20 years ago, if they think the rural West is better served by creating more Moabs, then by all means, they should support the monument.
But I think most monument proponents don't want that. And so they need more hard facts. A few months ago, Sen. Orrin Hatch insulted the tribes when he suggested that they "don't fully understand … a lot of the things" regarding Bears Ears, and said that they were "being manipulated."
Hatch was wrong to single out the tribes; had he broadened the scope of his remarks to include white, affluent, urban environmentalists of all ages, coast to coast, who still don't grasp the facts, he might have been on to something
Jim Stiles is the founding publisher of The Canyon Country Zephyr and the author of "Brave New West."
By JON KOVASH • JAN 10, 2017
I spoke with Phil Lyman, San Juan County Commissioner, in Monticello where last week he proclaimed on the court house steps that the Bears Ears designation will be reversed.
“Basically a land grab through disingenuous narrative pushed by the environmentalists. And so now that it has been declared, you got all those people that I think are wondering if they really wanted this monument as adamantly as they were saying in the first place. And they’re also recognizing, which is what we said from the beginning, is that this is not in the best interests of the Native Americans who live in San Juan County. So reversal would be fantastic. In the meantime we have a monument declared. And we want to find out what concessions they’re willing to make so that we can keep the schools operational and have jobs in this county.”
Lyman and pretty much every Republican leader in Utah have opposed Bears Ears from the beginning, favoring the Public Lands Initiative still being proposed by the state’s congressional delegation.
“Between liberals and conservatives on the left and the right there are a group of people in the middle who are conservative enough to recognize that there’s a way to do things, a right way and a wrong way, and that the constitution still has some bearing. And those same people recognize that there’s room for some innovation and some creativity and some thoughtful approach to this. But the frustrating part to me is that you can’t get any credit for being a thinking person, largely due to the media. You know, at the end of the day we’re right back where we started, which is trying to figure out what is the best for our citizens. It’s really a huge challenge but we’re going to take that reality, move to the next stage, which is, how do we still have some jobs in San Juan County besides flipping hamburgers or changing motel beds for people from the Wasatch front.”
Much of the local opposition came from residents who declared they don’t want to become “another Moab.” Lyman says that’s not going to happen no matter what.
“There will only ever be one Moab, it’s a special place, a unique place. There will only ever be one Blanding, very different from Moab. I don’t think we have any fears. We have a thriving college down there, retail community. It’s always been a center for culture and education. And I wouldn’t say the same thing about Moab. It’s a place for recreation and partying and off-roading and all those things. The only people that have a problem with what Blanding and Monticello and Bluff and our communities in San Juan County are, are the people from Colorado or the Wasatch Front. They come down here and say, hey we think it would be smart to be someone other than what you are.”
Much of tribal concerns that led to proposing Bears Ears stemmed from concerns over continual looting of artifacts in the region. Lyman and other local Republicans steadfastly maintain that looting is not a problem.
“And unfortunately, the only thing they have to go off is what they read in the papers and the narrative. So when they read about looting and racism and all of these things, they’re offended by that. What they need to understand is that what they’re reading is not the reality of what’s happening in San Juan County, and that the people who are pushing that narrative are motivated by something completely other than protecting San Juan County from looters and those types of things.”
Despite the oil, gas and uranium busts, Lyman remains convinced that those are the sectors the county must strive to rely on, and he has mixed feelings about tourism.
“There are certainly people who are very tuned into the tourism side of this and I hope they can promote the heck out of this and capitalize on the opportunity that’s there. But really for the most part, I’ve been here for four generations myself, and I’m not here for recreation, I’m not here for money. I’m here because this is my home, this is what I care about, these are the people that I love.”
While San Juan County supports a reversal and plans to join in lawsuits against Bears Ears, Lyman does have some conciliatory thoughts.
“I’m not one of these saying transfer the lands to the states. But I am one who can read the constitution and recognize that it’s unconstitutional for the federal government to own the West the way that they do. In the meantime they do own it and I say, it’s the federal government’s land, let them call it whatever they want. They want to call it a monument, that’s their prerogative.”
Part 2 of the story can be found here.
Phil Lyman
With help from the organization Sutherland Institute, members of two chapters of the Navajo Nation have released a video in opposition to a plan that asks President Obama to use the U.S. Antiquities Act to declare 1.9 million acres of tribal area lands as a national monument.
Listen
Listening...
0:23
Click to hear from Matt Anderson with the Sutherland Institute.
In a YouTube video, members of the Aneth and the Olijato chapter of the Navajo Nation said turning Bears Ears into a national monument could keep them from accessing roads and resources important to their traditions.
Listen
Listening...
9:14
Click to hear the full interview with Matt Anderson.
San Juan County Navajos are direct descendants of the Native Americans who used Bears Ears. They argue their chapters use the area more than any other Native American group.
A hiker in Bears Ears National Monument in Utah. (Reuters photo: Andrew Cullen)
What happens when conservation lives and dies by unconstrained executive power.
O
n Monday, President Donald Trump visited Utah to announce the largest reductions to national monuments in U.S. history. His order will shrink two national monuments, Bears Ears and Grand Staircase–Escalante, by roughly 2 million acres in total. The decision has drawn the ire of environmental groups and Democratic legislators but has been applauded by Republican lawmakers and locals who want the land to remain open to multiple uses. Legal challenges to the action have already been filed.
But for every fit of rage over Trump’s executive decision, there is an equal and opposite reaction against the creation of national monuments, in which presidents can restrict land use across vast swathes of the rural West — all without congressional approval. Whether you agree with Trump’s monument reductions or not, it’s time to put aside our selective outrage over executive authority and roll back the century-old law that got us into this situation in the first place.
The fight centers on the use of the Antiquities Act of 1906, a Progressive Era law that allows presidents to unilaterally set aside federal lands to protect objects of historical, cultural, or scientific significance. The act was designed mainly to prevent looting of Indian artifacts, and designations made under it were to be confined to “the smallest area compatible with proper care and management” of the protected objects.
In recent decades, however, the 111-year-old law has been abused as a large-scale conservation policy issued by presidential proclamation. Since 1996, both Republican and Democratic presidents have used it to set aside more than 11 million acres of land, as well as about 760 million acres of ocean as marine monuments. President Barack Obama, no stranger to executive authority, used the act to create more national monuments than any other president.
To see why such designations are so controversial, look no further than Bears Ears. Obama created the 1.35 million-acre monument in the final weeks of his presidency despite opposition from Utah’s governor, its state legislature, and its entire congressional delegation. A legislative proposal, known as the Public Land Initiative, sought to reach a “grand bargain” that would protect some areas of the region in exchange for opening other lands for resource development. That effort, which was several years in the making, was upended by Obama’s unilateral designation.
Such is the reality of the Antiquities Act. With just the stroke of a pen, the president can avoid the democratic processes inherent to federal lawmaking and dictate land-use restrictions on locals halfway across the continent. (In its Bears Ears announcement, the Obama White House tweeted an image of the wrong area, posting a picture of Arches National Park, which is 120 miles away). And because such designations usually happen in the final days of an administration, others are left to deal with the consequences. After all, if it was good policy, it wouldn’t require an eleventh-hour presidential proclamation.
The law also undermines the potential for compromise, which is at the heart of the legislative process. Why would environmental groups come to the bargaining table in good faith when they could instead simply lobby the White House to declare a monument? With a powerful tool like the Antiquities Act at their disposal, there’s no need to waste time finding a sensible middle ground. The same could be said of the Trump administration’s monument reductions. As long as such decisions can be made by presidential fiat (assuming Trump’s proclamation withstands legal challenges), any effort may last only as long as the sitting president’s term in the West Wing.
Lasting reform will require action from Congress. And that may be coming. A House committee recently approved a bill to limit the size of monuments that a president can designate via executive authority.
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Earlier this year, Trump instructed Interior Secretary Ryan Zinke to review 27 large monuments created since 1996. In his final report, which was released on Tuesday, Zinke recommends shrinking several other monuments, such as Gold Butte in Nevada and Cascade-Siskiyou in Oregon and California. Zinke also recommends a relaxation of restrictions in some monuments to allow more livestock-grazing, timber-harvesting, and commercial fishing.
But lasting reform will require action from Congress. And that may be coming. The U.S. House Natural Resources Committee recently approved a bill from Rob Bishop (R., Utah) to overhaul the Antiquities Act by limiting the size of monuments that a president can designate via executive authority. Under Bishop’s bill, designations larger than 640 acres would require public input. Larger monuments, up to a maximum of 85,000 acres, would also need approval from the local and state lawmakers impacted by the designations.
The proposed legislation would also clarify the scope of the Antiquities Act by imposing strict limits on which “antiquities” the law can be used to protect. Whereas past presidents have used the act to conserve such things as geological formations and natural landscapes and even to protect biological diversity, Bishop’s bill would define “objects of antiquity” as “relics,” “artifacts,” “skeletal remains,” “fossils,” and “certain buildings” already constructed. The bill would also codify the president’s powers to reduce the size of monuments made by their predecessors — a legal question that Trump is already testing.
In the end, the best outcome would be to reform the Antiquities Act to put an end once and for all to its abuse by lame-duck, legacy-seeking presidents. There is a right way to set aside large areas of federal land in a relatively permanent way, and it’s through legislative action — just as national parks and federal wilderness areas are created. Executive actions that seek to bypass that process are, and should be, prone to fail.
SALT LAKE CITY — An outdoorsman who is a quadriplegic, ranchers and multiple sportsmen's groups are arguing that the reduced boundaries of the Bears Ears National Monument should stay intact because the original monument's footprint threatened their access.
The Pacific Legal Foundation is seeking to officially intervene in the lawsuit by Utah Dine Bikeyah, Patagonia and others against the Trump administration challenging the December proclamation which shrinks the monument by 85 percent.
In its motion filed late last week, the foundation argued Brandon Sulser, Big Game Forever, Sportsmen for Fish & Wildlife, the Utah Bowmen's Association, the Utah Wild Sheep Foundation and Sandy and Gail Johnson will have their interests harmed and access restricted should the monument be restored to 1.35-million acres.
"We are representing some Utahns and organizations that have used and worked on the land in and around the Bears Ears," said attorney Jeffrey McCoy. "They had benefitted from the downsizing. They want to intervene to make sure that their interests are protected and they can continue to use and work on the land as they did before it was designated in 2016."
The foundation's client also includes Rep. Mike Noel, R-Kanab, whose constituents include residents who live and work on and near the public lands at issue in the case.
“Downsizing Bears Ears serves the public interest by allowing responsible public access and freeing local residents from unjustified federal control,” McCoy added."Patagonia pushes the idea that creating sprawling national monuments allows more people to experience the outdoors,” he continued. “As Brandon Sulser’s story shows, the reality is just the opposite."
The foundation, representing Sulser and others at no cost, detailed Sulser's story of one of a man at age 18 involved in an accident that left him paralyzed. Sulser continues to access lands in the Bears Ears region but uses off-highway vehicles and other motorized vehicles with specialized controls.
“For 18 years I enjoyed them by walking, but for the past 19 years, after an injury at the age of 18, I have visited them on wheels," Sulser said in a prepared statement. "Closing off roads, through a monument designation that is far larger than it needs to be, shuts me out, along with many others."
Other groups like BigGame Forever and Sportsmen for Fish & Wildlife argued in legal documents that the monument's footprint under the original designation would ultimately have led to decreased access because of travel management restrictions that make getting around the landscape more difficult.
McCoy said ranchers Gail and Sandy Johnson worry that grazing access would be eroded over time. The Johnsons hold a grazing allotment from the Bureau of Land Management that fell within the boundaries of the original monument designation.
"While the Obama declaration said it would protect grazing (at Bears Ears) the Johnsons are aware of what has happened over the course of the last 20 years at Grand Staircase-Escalante National Monument," where McCoy said grazing allotments have declined.
The sportsmens' groups, as well as the Utah Bowmen's Association and Utah Wild Sheep Foundation, say monument restrictions across the vast landscape in San Juan County will make it harder to participate in wildlife conservation efforts that include revegetation, transplanting operations and general, overall habitat improvement.
The motion, filed in U.S. District Court for the District of Columbia, sets off a timeframe for plaintiffs like Utah Dine Bikeyah to either object or let the effort stand.
The groups filed lawsuits challenging Trump's proclamations shrinking Bears Ears and Grand Staircase-Escalante national monuments shortly after his visit to Utah in December to make the announcement.
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Published: January 16, 2018 3:19 pm