Monday, September 25, 2017

Trump Wants to Free Up Federal Lands, His Interior Secretary Fails Him


The president should ignore Ryan Zinke’s recommendations and revoke illegally designated or expanded national monuments.

by William Perry Pendley

Like a rookie agent in a spy thriller, Secretary of the Interior Ryan Zinke went rogue in responding to President Trump’s executive order to review and make recommendations regarding the legality of two decades of national-monument decrees whereby past presidents, pursuant to the unilateral authority granted them by the Antiquities Act of 1906, designated federal lands as “national monuments” and, like national parks and wilderness areas, put them largely off limits to economic and recreational uses.

 Instead of doing as asked, Secretary Zinke recommended decreasing the size of only four of the most blatantly illegal national monuments while leaving the boundaries of all the others standing with mollycoddle language, which will soon get stricken by environmentalists. Worse, he asked that the president do as Clinton and Obama did before him: that is, designate as national monuments federal lands that do not qualify under the Antiquities Act, including, in a surprisingly questionable case of special pleading, one in his home state of Montana. If President Trump does not heed his own pugnacious and not Zinke’s pusillanimous counsel, the matter will be up to the entity entrusted by the Constitution with management of federal lands: Congress. That is as it should be, but whether Congress is up to the task is doubtful, given not just the past nine months but the last 107 years. 

...Obama ignored unanimous state and local opposition in Maine and used the Act to designate 87,654 acres purchased for the National Park Service (NPS) as a “seed” for the NPS’s 1988 plan for a 3.2 million–acre park, contrary to a 1998 federal law requiring that Congress authorize all new park-suitability studies. Finally, in a belated Christmas gift to Leonardo DiCaprio and other environmental extremists, Obama thumbed his nose at Utahans with his 1.35 million–acre Bears Ears National Monument in San Juan County. That is not all. Elsewhere, as New Mexican and Reagan-administration alumnus Frank DuBois observes, the Obama administration, instead of designating the “smallest area” possible around “the objects to be protected,” drew a boundary that replicated, for example, a series of wilderness areas Congress refused to designate, and then populated it with purportedly qualifying objects.

...Sadly, after setting forth the abuses to which the Act has been put over the decades, and cognizant — not only as the secretary of the interior but also as the representative for all of Montana in the U.S. House — of the vast changes in federal land law since 1906, he failed to recognize that the Antiquities Act long ago outlived its usefulness even while it remains capable of massive and malevolent misapplication. Incredibly, instead of calling for its repeal, he recommends its use for a Union Army camp in Kentucky, civil-rights sites throughout the South, and a portion of a multiple-use national forest in his backyard in Montana where an American Indian tribe seeks to prevent the owner of an oil and gas lease issued by the Reagan administration from drilling on his property...

 President Trump should reject Secretary Zinke’s recommendations; order preparation of new proclamations to revoke illegally designated or expanded monuments, to shrink them to legal size, or to provide them with bullet-proof language that preserves local economic and recreational use; and ask Congress to repeal the Antiquities Act to end forever the threat of mischief against rural communities...



3 comments:

แอล said...
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แอล said...

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แอล said...

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