More than a decade after Congress carved out special protections for Steens Mountain, including 100,000 acres of wilderness free of cattle, a dispute over fencing has pitted a local landowner against the Bureau of Land Management.
George Stroemple wants to graze cattle on his Harney County property within the 100,000-acre “No Livestock Grazing Area” portion of 174,000 acres of wilderness created by the Steens Mountain Cooperative Management and Protection Act of 2000. The disagreement lies over who should build the fence needed to keep his livestock off the protected lands.
Rep. Greg Walden, R-Hood River, plans to meet with BLM officials in Burns today.
The law states: “The Secretary (of the Interior) shall be responsible for installing and maintaining any fencing required for resource protection within the designated no livestock grazing area.”
In a 2013 notice of proposed decision regarding Stroemple’s request for a permit to herd his cattle across the public holdings, Rhonda Karges, the Andrews/Steens Resource Area field manager in the BLM’s Burns District, concluded that it is “the landowner’s responsibility to keep livestock off of federal land.”
The Steens Act, specifically the clause about fencing and the no livestock grazing area, “applies to resource protection but does not establish a BLM responsibility to keep private livestock on private land,” Karges wrote.
Consequently, Stroemple could trail his cattle across the BLM land, but could face trespassing penalties if any of his cows wandered off his land, Karges concluded.
Stroemple, who maintains the BLM is required to build the fence, has appealed that interpretation to the Department of the Interior.
“Our view is that the Act said ‘any fencing,’ and it doesn’t matter whether it’s public land or private lands,” Dominic Carollo, Stroemple’s attorney, said Thursday.
“(Stroemple) wants to take cattle up there, and the BLM has threatened him with trespass,” he said. “My client is reasonably unwilling to take that risk.”...
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The genesis of this: The threat of a national monument. Does that sound familiar?
In the waning months of the Clinton presidency, the
administration considered designating Steens Mountain as a national
monument. In response, Walden, then in his first term in Congress,
pulled together local and federal stakeholders to craft a solution that
would allow ranchers to keep their livelihood and way of life while
providing additional environmental protections to particularly pristine
areas. With the support of Oregon’s entire delegation, as
well as that of Gov. John Kitzhaber, Walden worked out a deal in which
portions of Steens Mountain were designated as wilderness, including
four rivers designated as wild and scenic. It also protected property
and water rights of local landowners.
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