DuBois column (Sept)

A monument fiasco and more BLM law enforcement abuses

Everything was building up to August 24, the day Secretary Zinke was to send his final recommendations on national monuments to President Trump. That was the day we were to find out, finally, what modifications, if any, were in store for the Rio Grande del Norte and the Organ Mountains-Desert Peaks national monuments. The buildup was intense, as many, including this writer, waited with anticipation.

On that fateful day Secretary Zinke issued a press release and a summary report which told us exactly – nothing. A lot of giberrish about the process, listing the monuments he had visited, listing the monuments already taken off the review list and the Secretary saying he had recommended boundary modifications to a “handful” of monuments. Which monuments? We don’t know. The type of modifications? We don’t know. When will the President act on these recommendations? We don’t know. A White House official said Trump is reviewing Zinke’s “recommendations to determine the best path forward for the American people.”

Rest assured that even though the “report” had no specifics, the enviro groups and their supporters in Congress were highly critical.

League of Conservation Voters President Gene Karpinski says Interior Secretary Ryan Zinke’s review of the national monuments “has been a complete sham” and a pretext for “selling out our public lands and waters” to the oil industry and others.

Jamie Williams, president of The Wilderness Society, is urging President Donald Trump to “ignore these illegal and dangerous recommendations and instead act to preserve these beloved places.”

Howie Dash with the Southern NM Sierra Club says, “A whopping 99% of the 2.7 million public comments asked the Interior Department to keep these special places intact. It’s clear what the communities surrounding Organ Mountains Desert Peaks and Rio Grande del Norte want. His vague statement makes clear that Secretary Zinke doesn’t care.”  

And the cheerleader of the enviros in New Mexico, Senator Martin Heinrich, headed up a press conference in Albuquerque, saying, “New Mexicans have spoken with a loud and unified voice. We like our national monuments like they are. Any changes that reduce their protection would be disrespectful to everyone who worked so hard to establish them and could put at risk the vibrant economies that we are building around monument recreation and tourism. I will continue to stand up for our nation’s conservation legacy and oppose any effort by the Trump Administration to turn back the clock on the progress we’ve made to protect the places we all own and love.”

I would like to be supportive, or critical if warranted, of the recommendations, but how can I if we don’t know what the specific recommendations are? It’s frustrating to have to wait even longer, but I will hold fire till then.

Here’s what I do know.

If Zinke strickly follows the criteria set out in Trump's E.O., he will certainly diminish the boundaries of the monuments. Let's take a look at the first criteria on the list:

(i)    the requirements and original objectives of the Act, including the Act's requirement that reservations of land not exceed "the smallest area compatible with the proper care and management of the objects to be protected";

The Antiquities Act requires the President to identify the objects, the objects then become the national monument, and then the President reserves "the smallest area compatible with the proper care and management of the objects to be protected".

Even a casual observer knows both New Mexico monuments started out as wilderness proposals, and had nothing to do with protecting historical objects. When it became evident these proposals would not pass Congress, the hunt was on to find objects that would justify the already-drawn boundaries. In other words, the process was exactly opposite of that envisioned in the Antiquities Act, and both monuments should be diminished accordingly. They don’t even meet the very first criteria.

If Zinke does not follow the criteria, and instead listens to the caterwauling of the politicians and succumbs to the well-funded, madison avenue style media campaign of the enviro groups, then he will do nothing.

My fear is it will be the latter.

BLM agent misconduct

I’ve written before about BLM Supervisory Agent Dan Love. Recall that Love was in charge of the highly controversial undercover sting concerning looted artifacts and of the bungled operation at the Bundy ranch. An investigation by the Office of Inspector General found that Love had abused his authority to obtain preferential treatment for his girlfriend and family members at a Burning Man event and that he had improperly intervened in a hiring process to benefit a friend. The report said:

We found that the agent violated Federal ethics rules when he used his influence with Burning Man officials to obtain tickets and special passes for his family. He also directed on-duty BLM law enforcement employees to escort his family in BLM-procured vehicles, drove his BLM vehicle with his girlfriend, and directed his employee to make hotel reservations for his guests. We also confirmed the supervisory agent’s intervention in the special agent hiring process to benefit a friend. 

The end result? Love was given a promotion and moved to D.C. headquarters

Now comes a new Inspector General report saying that Love has mishandled evidence and destroyed documents pertinent to a Congressional investigation.

Ryan Zinke better watch out, as Love may now be promoted to Secretary of Interior.

Until next time, be a nuisance to the devil and don’t forget to check that cinch.

Frank DuBois was the NM Secretary of Agriculture from 1988 to 2003, is the author of a blog: The Westerner (www.thewesterner.blogspot.com) and is the founder of The DuBois Rodeo Scholarship and The DuBois Western Heritage Foundation

Sept. NM Stockman and Sept Livestock Market Digest