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Tracking Proposed National Monument Reductions in the West

Dec 11 2017

In mid August, President Trump’s Interior Secretary, Ryan Zinke, sent a report to the White House recommending modifications to some of the 27 national monuments that he was ordered to place under review. On September 17, the Washington Post obtained a copy. In early December, the administration released further details that would sharply cut back several monuments, most particularly the Bears Ears and Grand Staircase-Escalante monuments in Utah. Below, we have updated our breakdown of the status of affected monuments in the American West.

View from Cascade-Siskiyou National Monument, including the sun, moon, Mount Shasta and Pilot Rock, captured May 3, 2015, from the Pacific Crest Trail

View from Cascade-Siskiyou National Monument, including the sun, moon, Mount Shasta and Pilot Rock, captured May 3, 2015, from the Pacific Crest Trail. The Interior Secretary has recommended thart the boundaries of Cascade-Siskiyou be modified to reduce impacts on private lands and timber production. Bob Wick, Bureau of Land Management

By Felicity Barringer and Geoff McGhee

Status updates follow below.

President Barack Obama’s designation of a 1.3 million acre national monument at Bears Ears in southeastern Utah a year ago was a breathtaking affirmation of the value of the landscape, its archaeological resources and its connection to Native American history, memories and beliefs.

Some Utahns and all their congressional delegation opposed the the monument as a federal land grab. In a breathtaking reversal of the actions of Obama and President Clinton, President Trump just eliminated the protected status from 85 percent of the Bears Ears Monument and about half of the Grand Staircase-Escalante National Monument, which was created in 1996.

The result of this sweeping back-and-forth is ending in the federal courts, which can now rule, for the first time, on the 111-year-old Antiquities Act — the legacy of Theodore Roosevelt, the Republican president and avid hunter who embodied conservation ideals.

The most notable element of the legal fight is the rise of a new player — the outdoor recreation industry, led by Patagonia — as a champion of conservation. It has joined five Native nations, land-conservation groups and archaeologists in one of the lawsuits arguing that nowhere in the Antiquities Act is a president granted the power to undo his predecessors’ monument decisions.

Two legal scholars, Todd Graziano and John Yoo, challenged that view in a formal paper and a newspaper op-ed, arguing “the authority to execute a discretionary power includes the authority to reverse it. No President (nor any Congress or Supreme Court) can permanently bind his or her successors in their exercise of the executive power.”

But, in the case of the Grand-Staircase Escalante Monument, the presidential designation was later confirmed in a law authorizing a 1998 land swap, praised five years ago by Michael O. Leavitt, former Utah governor and George W. Bush’s Environmental Protection Agency administrator. This swap could be a significant legal obstacle to the Trump administration’s efforts to overcome the legal challenges to the reduction in that monument. In the case of the Bears Ears Monument, the legal fight may focus on the difference between adjusting monument boundaries — which other presidents have done — and, essentially, blowing the monument up, leaving only two shards of the original protected area in place.

 

Boundary Modifications Recommended

Bears Ears National Monument, Utah

Map of Bears Ears

Map: Take a closer look at the area around Bears Ears National Monument »

Status
The President issued a proclamation “that the boundaries of the Bears Ears National Monument are hereby modified and reduced to those lands and interests in land owned or controlled by the Federal Government within the boundaries described on the accompanying map.” (Dec. 4, 2017)

Size
1.3 million acres

Size after proposed changes
201,876 acres in two smaller monuments (Dec. 4, 2017)

Designated
December 2016

Designated by
Barack Obama

 

In late December 2016, President Obama set aside 1.35 million acres in southeastern Utah as the Bears Ears National Monument, angering state officials and the county officials in San Juan County, in Utah’s southeast corner. The designation of the land, which includes rich and vulnerable examples of buildings and rock art from prehistoric Native American cultures, prompted many articles pro and con, including some from local residents, which we published in the ‘…& the West’ blog.

In March, the Native American members of the new commission advising the Bears Ears’ management wrote Mr. Zinke a letter reiterating the monument’s value to them. But the land is also important to those who might graze cattle, mine uranium or drill for oil and natural gas. Since 2013, the Interior Department has rebuffed attempts to lease more than 100,000 drillable acres — all of it in or near the monument. Mining of “yellowcake” uranium in the area continues.

Back to List

 

Cascade-Siskiyou National Monument, Oregon and California

Map of Cascades-Siskiyou

Status
Secretary of the Interior Ryan Zinke formally recommended revising the boundaries of the monument without specifying which areas may be excluded. (Dec. 5, 2017)

“Boundary should be revised... to reduce impacts on private lands and remove [Oregon and California] Lands to allow sustained-yield timber production...” (Sept. 2017)

Size
85,000 acres (2000)
133,000 acres (2017)

Size after proposed changes
Unspecified. Report recommends “boundary should be revised.” (Sept. 17)

Designated
June 2000

Designated by
William Clinton

Enlarged
January 2017

Enlarged by
Barack Obama

 

The original monument was designed to protect an area of biological diversity. In 2011, scientists urged expansion.

This did not sit well with the timber industry; this year’s expansion sent it, and the Oregon counties that depend on timber revenues, to court. They claim that the prohibitions against timber harvest fly in the face of a 1937 law encouraging timber harvesting to provide revenue for the rural counties that cannot get tax revenue from federal lands. Ranchers are worried that grazing will be restricted; some have sold their grazing permits to environmental groups in anticipation of that outcome.

Back to List

 

Gold Butte National Monument, Nevada

Map of Gold Butte

Status
Interior Secretary Zinke officially recommends downsizing the nearly 300,000-acre monument “to ensure that the monument reservation is limited to the smallest area compatible with the protection of the objects identified and protect historic water rights.” (Dec. 5, 2017)

Boundary “should be revised... to protect historic water rights” (Sept. 17)

Size
296,937 acres

Size after proposed changes
Unspecified. Report recommends “boundary should be revised.” (Sept. 17)

Designated
December 2016

Designated by
Barack Obama

 

The reasoning behind establishing this monument echoes that of several other southwestern monuments: protection of rock art, Native American resources, wildlife, and sweeping vistas. But Gold Butte’s land near Las Vegas has a special resonance — it was here in 2014 that the rancher Cliven Bundy’s defiance of federal rules and his refusal to pay fees for cattle grazing led to an armed standoff between the Bureau of Land Management’s enforcement apparatus and the rancher, his family, and assorted armed militiamen. The Bundys had defied the federal government for years and his actions in Nevada, like his son’s in Oregon, won fierce support among antigovernment activists. The monument will still allow grazing — supervised and paid for — but among the local objections, a small town argues that the monument interferes with a local water district’s ability to get an assured supply. The Interior Department’s site for the monument says that visitors can “hike to rock art sites, drive … to the area’s namesake mining ghost town, hunt desert bighorn sheep, or tour the area’s peaks and canyons on horseback.”

Back to List

 

Grand Staircase-Escalante National Monument, Utah

Map of Grand Staircase-Escalante

Status
Presidential proclamation ordering that the monument “exclude from its designation and reservation approximately 861,974 acres of land that I find are no longer necessary for the proper care and management of the objects to be protected within the monument...” (Dec. 4, 2017)

Size
1.87 million acres

Size after proposed changes
Roughly 1 million acres (Dec. 2017)

Designated
1996

Designated by
William Clinton

 

Critics, mostly in Utah, had objected to the 1996 declaration of the monument for many reasons, including a strong assertion of state sovereignty over its lands. But the desire to open the Kaiparowits Plateau’s coal seams, containing an estimated 30 billion tons of mineable coal, is also a powerful motive. More than 40 years ago, a plan to build a 3,000-megawatt coal-fired electric generating plant on the plateau was abandoned by three utilities — two in southern California, one in Arizona. Getting the coal to market from the remote plateau has always been a stumbling block to commercial development.

...& the Best

More on this topic

BLM speeds ahead on Grand Staircase-Escalante High Country News  (Feb. 27, 2018)

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Policy Changes Recommended

Organ Mountains – Desert Peaks, New Mexico

Map of Organ Mountains – Desert Peaks, New Mexico

Status
Report urges administration “assess risks to operational readiness of nearby military installations” and “assess border safety risks associated with Potrillos Mountain Complex.” (Sept. 17)

Size
496,300 acres

Size after proposed changes
N/A

Designated
2014

Designated by
Barack Obama

 

Back to List

 

Rio Grande del Norte, New Mexico

Map of Rio Grande del Norte, New Mexico

Status
Management Plan “should be revised”; Report references grazing as “a significant traditional use” that has been hampered by road closures. (Sept. 17)

Size
242,455 acres

Size after proposed changes
N/A

Designated
2013

Designated by
Barack Obama

 

Back to List

 

Monuments Reviewed with No Changes Indicated

Basin and Range National Monument, Nevada

Map of Basin and Range

Status
No changes indicated. (Sept. 17)

Size
704,000 acres

Designated
July 2015

Designated by
Barack Obama

 

Long advocated by former Senate majority leader Harry Reid, the monument is roughly the size of Rhode Island, sits north of Las Vegas and takes in everything from ancient rock art to arid angular mountains to “City” a collection of abstract sculptures that the artist Michael Heizer took four decades to assemble; it is the size of the national mall in Washington. The anger of local opponents, who felt cut out of the decision and restricted in their future economic development, was voiced by Republican Senator Dean Heller before the monument’s designation. He told E&E News: “an inclusive approach where local parties affected by the designation have a seat at the table to voice their opinion.” He added,"These are the stakeholders most affected by any federal action on this matter.”

Back to List

Giant Sequoia National Monument, California

Panorama from an overlook on California State Route 180 near the southwestern edge of Giant Sequoia National Monument Famartin via Wikimedia Commons

Map of Giant Sequoia

Status
No changes indicated. (Sept. 17)

Size
328,315 acres

Designated
April 2000

Designated by
William Clinton

 

The monument, which abuts Sequoia National Park, contains 33 groves of redwoods, the towering trees that got the attention of the world when settlers first saw them in the 19th century. The groves, with names like Indian Basin, Burro Creek, Starvation Complex and Upper Tule, are now surrounded by an undergrowth of smaller trees, millions of which have died thanks to drought and beetle infestations. Some members of the supervisors’ boards in Kern and Tulare Counties want the freedom to allow logging in these areas, though it is not clear who could find profit in the beetle-gnawed trees. And recently, the governing boards in those two counties came to different decisions on whether to send letters opposing the monument Local citizens also held rallies supporting it.

Back to List

Mojave Trails National Monument, California

Map of Mojave Trails

Status:
No changes indicated. (Sept. 17)

Size
1.6 million acres

Size after proposed changes
No changes indicated. Rep. Paul Cook had recommended a 500,000-acre reduction.

Designated
2016

Designated by
Barack Obama

 

Discussions about the future of this monument almost always include the word “Cadiz,” for two reasons. First, it is the name given to a spectacular group of sand dunes at the at the heart of the monument, which surrounds historic Route 66. Second, it is the name of a company, Cadiz Inc., that has proposed a water pumping, storage and delivery project near the dunes. The project envisions a 43-mile-long pipeline from a groundwater pumping station to the Colorado River aqueduct. From there, the water could flow to customers in southern California. The Cadiz project was supported in March by the local Republican congressman, Paul Cook. In June, he supported cutting 500,000 acres surrounding the pipeline route from the monument.

Back to List

Papahanaumokuakea National Monument, Hawaii

Map of Papahanaumokuakea National Monument

Status
No changes indicated. (Sept. 17)

Size
89.5 million acres (2006);
372 million acres (2016)

Designated
2006

Designated by
George W. Bush

Enlarged
2016

Enlarged by
Barack Obama

 

Back to List

 

 

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Gretchen King

Responding to Tracking Proposed National Monument Reductions in the West

Those interested in reading more about Grand Staircase-Escalante Monument and
how the BLM isn’t waiting for the courts to rule on monument boundaries to
start planning should visit:
https://www.hcn.org/articles/blm-speeds-ahead-on-grand-staircase-escalante-plans

High Country News has covered the many aspects of these monument reductions.

See http://hcn.org/topics/monuments for our most recent coverage

3/7/2018, 10:18am

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Western Articles and Media Elsewhere
Compiled by Felicity Barringer and Rebecca Nelson

Articles Worth Reading: Nov. 7, 2018

Six Western States Have Voted on Contested Environmental Policies. Five of Them Failed. Some ballot initiatives gave midterm election voters a chance to support salmon populations in Alaska or to support a fee on carbon emissions or to oppose recent environmental rollbacks involving drilling. Oil, gas, and mining companies poured money in opposition to statewide ballot measures that could increase costs or diminish revenues. The story of the campaigns and the work of environmental groups ran before the election. The results came today, in places ranging from Colorado to Washington State to Alaska. Mother Jones Denver Post Montana Standard PV Magazine Seattle Times KTUU Anchorage

The Navajo Tribe’s Future Without Its Major Employer and With a New President. As the various financial schemes for prolonging the life of the Navajo Generating Station fell apart, tribal members who work there must choose between finding employment where the new owners assign them, or staying on the reservation until the plant closes a year from now, then having a small chance of any job that pays as well. Their decisions will be made against a new political backdrop, as Joseph Nez, at 43, was just elected the youngest Navajo president ever. ASU/Cronkite News Indian Z News

Rare Dinosaur Fossils Are Threatened by the reduction of Grand Staircase-Escalante National Monument. Vast areas of land that may contain important paleontological discoveries are now vulnerable to potential energy development. About 250,000 acres of land with a high potential for fossils are being considered for mineral development. Salt Lake Tribune

A Water Reckoning in Colorado. Farming communities in the North Fork Valley of Colorado are water-rich in an era of increasing water scarcity. Farmers continue to use high volumes of water for irrigation. However, with climate change, the community will have to change outdated and inefficient systems in order to share water more cooperatively. High Country News

Indigenous Food Sovereignty in British Columbia. Activist Jessie Housty, a member of the Haíłzaqv nation, is educating young people in her community about their traditional food sources and culture. Her efforts are part of a larger movement to address food insecurity and malnutrition in indigenous communities through providing access to cultural foods. Civil Eats

Articles Worth Reading: Oct. 23, 2018

President Trump Plans to Ease Water Rules in the West by streamlining existing regulations. After signing a memo last week, he claimed he will increase the West’s water supply by hastening projects in California and the Pacific Northwest. But some farming communities, environmentalists, and the Winnemem Wintu tribe oppose his action. Critics of Trump’s memo assert that his plan would weaken environmental regulations, hurt local communities and ecosystems, and flood sacred tribal sites. ASU/Cronkite News Guardian Associated Press Salt Lake Tribune

Spokane Considers How to Adapt to Climate Change. In light of the recent Intergovernmental Panel on Climate Change report, communities in Spokane are planning how to adapt to the consequences of climate change. People are monitoring rivers and analyzing water consumption to prepare for decreases in snowmelt. The Colville Tribe is planting heat-resistant trees. The Spokesman-Review

For Imperial Beach, Managed Retreat May Be the Plan. Facing threats of increased flooding due to rising seas, the mayor of Imperial City is proposing that the community relocate coastal homes and business farther inland, as a managed-retreat strategy. However, the process of managed retreat raises political and ethical questions that have sparked controversy among community members. High Country News

In the Face of a Water Supply Crisis Along the Colorado River, local water conservation programs in farming communities can foster drought resilience. Policymakers should consider these community-oriented programs when developing drought mitigation strategies. Water Deeply

Managing the Colorado River. Demand for water and electricity have had a significant impact on the Grand Canyon and Colorado River ecosystems. Taking climate change, recreation, and other challenges into account, biologists are exploring the current challenges of river conservation. Arizona Republic

Articles Worth Reading: Oct. 9, 2018

Wildfires Don’t Hurt Real Estate Markets. Researchers from University of Las Vegas determined that real estate markets in Colorado rebound within a year or two of a wildfire, encouraging development in high risk areas. People continue to move to fire-prone areas due to their scenic appeal and proximity to cities. High Country News

Water Disputes in Colorado. A cop investigates conflicts over stolen water in the Four Corners region. His work involves enforcing complex water statures and confronting local tensions over water rights that sometimes turn violent. KUNC Radio

The Potential of Stormwater Capture. In California, communities are expanding their stormwater management programs to include aquifer recharge and irrigation in addition to controlling floods. Captured stormwater could provide Californians with a water supply that is resilient to climate change. Pacific Institute

An Air Quality Monitoring Program Failed to Alert Residents of Seeley, California to the danger of particulate pollution near a local elementary school. The nonprofit responsible for the monitoring, Comite Civico de Valle, seeks to expand its program to other areas despite controversy over its practices. Desert Sun

Bee Thieves Exploit California’s Almond Harvest. Bees play a crucial role in the pollination of almonds in the Central Valley, but colony collapse disorder threatens apiculture. Recent increases in stolen beehives have exacerbated the industry’s challenges. Reveal/CIR

Articles Worth Reading: Sept. 25, 2018

In California’s Central Valley, Air Pollution Levels Are Very Local. Residents, like the mother of a young asthmatic profiled here, need to know exactly what they are. “Regulatory agencies think regionally,” said the head of the Central California Asthma Collaborative, a Fresno-based nonprofit. This group and others, helped by new state laws, try to increase the air monitoring in a region with some of the country’s most polluted air. Kaiser Health News

Gender Diversity and California Firefighting. Starting on August 1st, the Donnell Fire burned 36,000 acres in Stanislaus National Forest, and firefighters now have it at least 90% contained. A photographer shares the stories of firefighters tackling California’s Donnell Fire and challenging traditional gender roles in their careers. High Country News

With Climate Change, Algal Blooms Contaminate Oregon Drinking Water. Last May, Oregon declared a civil emergency when toxic algae contaminated Salem’s drinking water, posing health risks to children and nursing mothers. Recently, Oregon became the second state to require testing of potable water for algal toxins. The new regulations are part of the Oregon’s plan to address how climate change is affecting its water quality. KSUT

National Parks Are Warming Twice As Fast as the rest of the country, according to a new study. It focused on 417 protected areas and found they were 1.8 degrees warmer in 2010 than they had been in 1885, double the national average rate, and precipitation was down 12 percent in the same period, compared to three percent nationally. Yale Environment 360

Los Angeles Proposes Giant Hydropower Battery for Hoover Dam, but the project faces many legal and political roadblocks due to Colorado River’s shrinking water supply, which has been a source of conflict between California, Arizona, and Nevada. Los Angeles aims to create a three billion dollar hydropower storage system, consisting of twenty miles of pipeline that connect to Hoover Dam. Water Deeply

Wyoming Turns to Wind Power. Although Wyoming is America’s top coal producer, the state is now garnering increased support for wind power, as the coal industry declines. Proponents of Wyoming’s developing wind power industry emphasize its economic importance, while skeptics raise environmental and aesthetic concerns about how wind turbines will impact the landscape. Natural Resources Defense Council

Articles Worth Reading: Sept. 11, 2018

In 27 Years, California Plans to Eliminate Carbon From Its Electrical Grid. That’s the central aim of legislation signed Monday by Gov. Jerry Brown. A year after a similar bill failed, the new measure underlines California’s desire to be the nation’s leader on working to slow climate change — the shifting weather that has turbocharged the state’s wildfires and caused increasing destruction from Redding to Santa Barbara. Meanwhile, wind developers are eyeing the California coast as a place to create new renewable energy for a changing grid. InsideClimate News Utility Dive

A Floating Boom a Third of a Mile Long is the Newest Garbage Collector in the Pacific Ocean. Its mission: start cleaning up the Great Pacific Garbage Patch. This gyre of sailing detritus has an estimated 1.8 trillion objects rotating slowly between California and Hawaii, and California. The nonprofit Ocean Cleanup is investing $20 million in the project. But can it really remove the 87,000 tons of plastic? New York Times/Associated Press

The Killer of Swaths of Bigleaf Maples in Washington State Is Unknown, but its impact is being felt from Washington State south to California. These trees, whose leaves can stretch a foot across, can grow 100 feet tall. Their impressive silhouettes mean that the landscape changes dramatically as they die. The U.S. Forest Service and the University of Washington, and the Washington state Department of Natural Resources have been studying the maples, but no diseases or insects have been found in significant numbers. So no known culprit. Seattle Times/Tacoma News Tribune

Bighorn Sheep and Moose Tell Their Friends Where to Go for the best food, a new study shows. The notion that migration behaviors, following the green wave of food around the West, was a learned behavior and not a product of genetic inheritance, had been around for a while. The thought was “they just have to learn how to do this,” said Matthew Kauffman, an ecologist at the University of Wyoming. So he set up a study involving bighorn sheep that were transplanted into an area unfamiliar to them, but where established herds existed. Without genetic coding for this particular migration, they did it anyway. National Geographic

Some Called Him ‘The Renaissance Man of the West;’ His Maps Combined Geography, History and Whimsy into one package. Jo Mora, an immigrant from Uruguay, did some sculpture and coin design before finding maps to be his metier. One observer said “They’re almost like books,” to be perused in bits and pieces at several sittings. The maps he left are cartographic cartoons, telling not just the shape of the state, but the stories of its places. Atlas Obscura

Articles Worth Reading: Sept. 1, 2018

Hunters Have Waited More Than 40 Years To Shoot Grizzlies around Yellowstone National Park. The wait was almost over, when a federal district judge delayed the hunt for two weeks to study whether the federal Fish and Wildlife Service erred in lifting protections from the bears. Judge Dana Christiansen wrote, “harm to…members [of endangered species] is irreparable because once a member of an endangered species has been injured, the task of preserving that species becomes all the more difficult.” Casper Star-Tribune Montana Free Press

Canada’s Transmoutain Pipeline, Whose Growth Was A Key Aim of the Canadian Government, Just Lost its bid for expansion in court. The Canadian Federal Court of Appeal overturned approval of the pipeline because the government failed to adequately consider native nations’ concerns and didn’t take environmental impacts into account. Opposition groups had argued that the risks of oil spills in the Salish Sea — home to an already-endangered killer whales — and the potential hazards of increased petroleum tanker traffic are too high a price to pay for an economic boom. The expansion could have tripled the 750-mile pipeline’s capacity bringing up to 890.000 barrels a day from tar sands in Edmonton to the coast of British Columbia. Oregon Public Broadcasting Grist Reuters

Facebook and the Navajo Nation Commit to Renewables, but on very different scales. The year-old Solar Project – built mostly by Navajo workers – is the largest tribally-owned renewable power plant in the country and has been operating a year. Generating 27.3 megawatts, it provides enough power for 18,000 Navajo nation homes – the same number that had been without electricity a decade ago. Facebook, the social media giant in Menlo Park, California, is also expanding its uses for renewable power, but on a far vaster level. It has committed to powering its global operations with completely renewable energy by the end of 2020, in party by positioning data centers near electrical grids that can accommodate more renewables. In the last year Facebook has signed contracts for more than 2.5 gigawatts of renewables, Cronkite News/Elemental Utility Dive

Lake Mead Has Been Using Lake Powell to Keep Its Levels Up and postpone the moment when drought contingency plans are triggered because its level has dipped below 1,075 feet. But scientists now report that this draining of Lake Powell can’t go on forever: it is now 48 percent full, while Lake Mead is 38 percent full. “We’re draining Lake Powell to prop it up,” said one scientist. Arizona Republic

Is The Current Drought Just the Beginning? David Gutzler, a climate scientist at the University of New Mexico, says “It is possible that the next big megadrought is upon us, and we’re right in the middle of it.” The snowpack that supplies the upper half of the Rio Grade has decreased 25 percent in the past 40 years. The Elephant Butte reservoir, the largest in the upper Rio Grande, is just six percent full, down from 24 percent last winter. Some 500 years ago, tree rings tell us, a megadrought hit the Southwest just as the Spanish arrived; the population was decimated. And a study shows that climate change increase the chances of a megadrought to 70 percent or more. Quartz

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