Saturday, February 14, 2004
DIAMOND BAR LIVESTOCK REMOVAL DATE CHANGED AND AREA CLOSURE RESCINDED
2/13/04 Supervisor's Office Andrea Martinez
Silver City, NM—The tentative date of mid-February for the Diamond Bar livestock removal has been temporarily postponed and the area closure rescinded. “We had hoped to meet our tentative mid-February date but as it stands,” we will not be able to. We do not have a contractor to conduct the livestock removal at this time and are in the process of advertising for bids,” said District Ranger Annette Chavez. The contracting process may take a few to several weeks.
The area closure for the Diamond Bar allotment will be rescinded as of February 14th at 8:00 a.m. Public access will now be possible along Forest Road 150 (also known as the Beaverhead or North Star Mesa Road). The area closure will be re-implemented at the time the livestock removal starts.
Please contact Andrea Martinez for any questions (505) 388-8211.
###
Order No. 06-222
TERMINATION OF AN ORDER
GILA NATIONAL FOREST
Pursuant to 36 CFR 261.50(a) and (b), the prohibitions listed in Order Number 06-222 for the Diamond Bar Allotment Are Closure within the Gila National Forest, effective February 11, 2004, and signed by Forest Supervisor Marcia R. Andre on February 5, 2004, are hereby terminated effective at 8:00 a.m., February 14, 2004.
Date: 02/13/04
/s/ Marcia R. Andre
Marcia R. Andre
Forest Supervisor
Gila National Forest
I have received quite a few hits from Gila National Forest Permittees Association's website, where they have an excellent section on the Diamond Bar Cattle Company, including pictures of the ranch. Because of the interest, I am reposting the most recent documents concerning this issue.
DIAMOND BAR CATTLE COMPANY--CATRON COUNTY SHERIFF
Catron County Sheriff's Department
PO Box 467
Reserve, New Mexico
Pho: 505-533-6222
Fax: 505-533-6722
DATE: February 4, 2004
TO: Federal Employees, Federal Contracted Employees, State Officials and
County Officials
FROM: John Cliff Snyder
CATRON COUNTY SHERIFF
SUBJECT: Diamond Bar Cattle Company vs. U.S.
Federal Case # 96 437 WJ/LFS
As the elected Sheriff of Catron County, I am sworn to defend the Constitution of the United States and Laws of the State of New Mexico.
As all are aware, the US Forest Service is set to begin gathering cattle from the Diamond Bar on February 7, 2004. I am not disputing the fact that the Forest Service has a valid court order to remove the cattle from Forest Service lands. I do not have the power vested in me to determine, if indeed, they are Forest Service lands. I believe that is left to the courts.
I believe, where the problem lies is the shipping of cattle after they are gathered. Under NM Statute 77-9-1 through 77-9-63, the laws governing the possession, hauling and selling of livestock are spelled out.
The laws of most interest to me are: 77-9-19-23; 77-9-45-48 and 77-0-31.
These cattle cannot be shipped and sold without being in direct violation of NM Statute.
As I see this situation, the Federal Government is asking me to ignore my duty under state law. I believe this puts me, my department and the County in a position to be liable under State law. The Federal Government will walk away when they are finished, leaving me to face the liability alone.
I cannot, in good conscience, ignore my oath of office or the liability to my county. I intend to enforce the State Livestock laws in my county. I will not allow anyone, in violation of State Law, to ship Diamond Bar Cattle out of my county.
DIAMOND BAR CATTLE COMPANY--LETTER TO NM ATTORNEY GENERAL
February 6, 2004
Patricia A. Madrid, New Mexico Attorney General
P.O. Drawer 1508, Santa Fe, NM 87504-1508
Dear Ms. Madrid:
It is our understanding that your office provided an Opinion to the New Mexico Livestock Board relative to the situation where the Forest Service, acting on an Order of the Federal District Court, is planning to impound our cattle. As we understand, the Opinion stated that the Livestock Board was required to honor the Court Order. Since your office did not contact us, we have to assume your Office based the Opinion on the Court’s statement that our cattle were trespassing on “national forest system lands,” and should be removed.
The Court, by invoking rules of the Court, did not address or dispute the fact that we have a legally and lawfully filed deeded fee interest (based on res judicata under N.M. law) in the lands within our ranches that prove that our cattle are not ranging on national forest system lands.
Our situation hinges on three principles of law; the sovereignty of the State of New Mexico, the limits on federal jurisdiction, and the oath of office of state officials.
This matter concerns private property rights that are within the bounds of State sovereignty, over which the Federal District Court has no jurisdiction. Any dispute over these rights must be handled in a State court of proper jurisdiction, as stated by the U.S. Supreme Court in Garland v. Wynn, 61 US 6, 20 How 6, 15 L. Ed 801, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”
With respect to jurisdiction over national forest system lands, there is no evidence in the New Mexico legislative proceedings to show that exclusive legislative jurisdiction was ever ceded by the New Mexico Legislature in accordance with Article 1, § 8, Clause 17 of the Constitution of the United States of America (see NMSA 1978, 19-2-2 through 19-2-11) Therefore, federal jurisdiction over these lands falls within the category of proprietary jurisdiction, wherein the U.S. functions as any other land owner within the state, and must abide by State law and depend on local law enforcement to serve warrants, court orders and arrests. In Woodruff v. Mining Co., 18 Fed. 772, the U.S. Supreme Court stated, “the only interest of the United States in the public lands was that of a proprietor, like that of any proprietor…”
The federal government, under this limited jurisdiction, cannot compel the New Mexico Livestock Board or the County Sheriffs “to enact or administer federal regulatory programs,” (N.Y. v. U.S. 120 L.Ed.2d 158) nor can the federal government or District Court, authorize federal agency personnel or contractors to violate State law (i.e., New Mexico Livestock Code).
The predecessors of your office worked long and hard to win the decision of the U.S. Supreme Court in U.S. v. New Mexico 435 U.S. 696, 98 S.Ct. 3012 (1978), which stated that cattle grazing was not a purpose for which the Gila River Forest Reserve was withdrawn, and that the stock water was to be allocated to the individual stockwaterer under State law. In order for all New Mexico public officials to uphold their Oath of Office, they must protect private property rights. Those who do not do so are subject to being held accountable for violating their Oath.
We hand delivered a packet to you last Wednesday with more details in this matter.
Sincerely submitted,
___________________________________
Kit Laney
Cc: N.M. Livestock Board Members
Order 06-222
AREA CLOSURE – Diamond Bar Allotment Gila National Forest
Pursuant to 36 CFR 261.50(a) and (b), the following acts are prohibited on the area described in this order and shown on Exhibit A within the Gila National Forest, until further notice.
(1) Going into the area in violation of posted restrictions for public health and safety, 36 CFR 261.53(e).
(2) Going into the area in violation of posted restriction for the protection of property,
36 CFR 261.53(f).
Pursuant to 36 CFR 261.50(e), the following persons are exempted from this order:
(1) Persons with a permit specifically authorizing the prohibited act or omission.
(2) Any Federal State or local Officer, or member of an organized rescue or firefighting force in the performance of an official duty.
This order affects the Diamond Bar Allotment area of the Wilderness Ranger District, Gila National Forest, as shown in Exhibit A.
Description of Closed Area, Roads and Trails
Forest Road 150 from below the private lands at Wall Lake, (Township 11 South, Range 12 West, Section 15), south to the south rim of Rocky Canyon (Township 14 South, Range 11 West, Section 8).
Trails include: Trail #40 in Diamond Creek, including Middle Diamond Creek from the junction of Forest Road 150 to the junction of the CD trail # 74. CD Trail # 74 from the junction of Trail #40 south to the junction of Trail # 74. Trail #74 to the junction of Forest Road 150. Encompassing Trails # 75, 76, 75A, 72, 481, 73, 707, 68, 69, 67, and 308. To the west of Forest Road 150 trails include Trail # 803, 700, 95, 94, 716, 708, 713, East Fork of the Gila River from private property at Trails End Ranch to the private land at Lyons Lodge.
Land area includes the area described as the Diamond Bar Allotment: On the Northwest side from the confluence of Adobe Canyon and the East Fork of the Gila River to Forest Road 225 easterly to the junction of Forest Road 18, north along Forest Road 18 for approximately 1/2 mile then continuing east to Forest Road 150. From Forest Road 150 east to the southwest slope of Round Mountain south along
the Crest Trail to Diamond Peak and on to Reeds Peak. The south border continues along Trail # 74 to Sign Board Saddle to a cattle guard in Rocky Canyon and Forest Road 150. Continuing west to the north rim area of Apache Creek across the lower end of Black Canyon to the East Fork of the Gila River. The west boundary is the East Fork of the Gila River north to Adobe Canyon.
The attached map, Exhibit A, identifies the trails, Roads, and area closed by this Order.
This Order becomes effective at 8:00 a.m., February 11, 2004 and will remain in effect until rescinded.
Order No. 06-222 Page 2
Done at Silver City, New Mexico, this 5th day of February 2004.
/s/ Marcia R. Andre
MARCIA R. ANDRE
Forest Supervisor
Gila National Forest
Violations of these prohibitions is punishable by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment of not more than six months, or both. (Title 16 U.S.C. 551 and Title18 U.S.C. 3559 and 3571).
What's Ahead (Forest Service)
A team has been assembled to conduct the impoundment and removal process. This team will work primarily out of the MeOwn Guard Station located within the Diamond Bar Allotment. A contractor will perform the actual gathering of livestock.
Initial aerial monitoring will be conducted by helicopter to determine the location of livestock. The contractor will be briefed and provided with maps indicating the livestock locations. The gathering of livestock by the contractor will be herded into the MeOwn or Beaverhead corrals for shipment to Los Lunas for eventual sale. To enable the contractor to gather the animals in an efficient manner, the helicopter will be used prudently for reconnaissance flights to locate remaining livestock.
The team will consist of an Incident Commander with Line Officer authority, an Operations/Planning Chief to oversee daily operations, a Contracting Officer Representative (COR) who will be responsible for the contract, a Logistics Chief to maintain the camps, the Forest Public Affairs Officer (PAO) who will be the media/public contact, a Finance Chief to track costs, a N.M. Livestock Inspector present when cattle are to be shipped, a Helicopter Manager, an Emergency Medical Technician (EMT), and a Security Chief to manage Law Enforcement personnel. Numbers of additional support personnel will vary.
Permalink
2/13/04 Supervisor's Office Andrea Martinez
Silver City, NM—The tentative date of mid-February for the Diamond Bar livestock removal has been temporarily postponed and the area closure rescinded. “We had hoped to meet our tentative mid-February date but as it stands,” we will not be able to. We do not have a contractor to conduct the livestock removal at this time and are in the process of advertising for bids,” said District Ranger Annette Chavez. The contracting process may take a few to several weeks.
The area closure for the Diamond Bar allotment will be rescinded as of February 14th at 8:00 a.m. Public access will now be possible along Forest Road 150 (also known as the Beaverhead or North Star Mesa Road). The area closure will be re-implemented at the time the livestock removal starts.
Please contact Andrea Martinez for any questions (505) 388-8211.
###
Order No. 06-222
TERMINATION OF AN ORDER
GILA NATIONAL FOREST
Pursuant to 36 CFR 261.50(a) and (b), the prohibitions listed in Order Number 06-222 for the Diamond Bar Allotment Are Closure within the Gila National Forest, effective February 11, 2004, and signed by Forest Supervisor Marcia R. Andre on February 5, 2004, are hereby terminated effective at 8:00 a.m., February 14, 2004.
Date: 02/13/04
/s/ Marcia R. Andre
Marcia R. Andre
Forest Supervisor
Gila National Forest
I have received quite a few hits from Gila National Forest Permittees Association's website, where they have an excellent section on the Diamond Bar Cattle Company, including pictures of the ranch. Because of the interest, I am reposting the most recent documents concerning this issue.
DIAMOND BAR CATTLE COMPANY--CATRON COUNTY SHERIFF
Catron County Sheriff's Department
PO Box 467
Reserve, New Mexico
Pho: 505-533-6222
Fax: 505-533-6722
DATE: February 4, 2004
TO: Federal Employees, Federal Contracted Employees, State Officials and
County Officials
FROM: John Cliff Snyder
CATRON COUNTY SHERIFF
SUBJECT: Diamond Bar Cattle Company vs. U.S.
Federal Case # 96 437 WJ/LFS
As the elected Sheriff of Catron County, I am sworn to defend the Constitution of the United States and Laws of the State of New Mexico.
As all are aware, the US Forest Service is set to begin gathering cattle from the Diamond Bar on February 7, 2004. I am not disputing the fact that the Forest Service has a valid court order to remove the cattle from Forest Service lands. I do not have the power vested in me to determine, if indeed, they are Forest Service lands. I believe that is left to the courts.
I believe, where the problem lies is the shipping of cattle after they are gathered. Under NM Statute 77-9-1 through 77-9-63, the laws governing the possession, hauling and selling of livestock are spelled out.
The laws of most interest to me are: 77-9-19-23; 77-9-45-48 and 77-0-31.
These cattle cannot be shipped and sold without being in direct violation of NM Statute.
As I see this situation, the Federal Government is asking me to ignore my duty under state law. I believe this puts me, my department and the County in a position to be liable under State law. The Federal Government will walk away when they are finished, leaving me to face the liability alone.
I cannot, in good conscience, ignore my oath of office or the liability to my county. I intend to enforce the State Livestock laws in my county. I will not allow anyone, in violation of State Law, to ship Diamond Bar Cattle out of my county.
DIAMOND BAR CATTLE COMPANY--LETTER TO NM ATTORNEY GENERAL
February 6, 2004
Patricia A. Madrid, New Mexico Attorney General
P.O. Drawer 1508, Santa Fe, NM 87504-1508
Dear Ms. Madrid:
It is our understanding that your office provided an Opinion to the New Mexico Livestock Board relative to the situation where the Forest Service, acting on an Order of the Federal District Court, is planning to impound our cattle. As we understand, the Opinion stated that the Livestock Board was required to honor the Court Order. Since your office did not contact us, we have to assume your Office based the Opinion on the Court’s statement that our cattle were trespassing on “national forest system lands,” and should be removed.
The Court, by invoking rules of the Court, did not address or dispute the fact that we have a legally and lawfully filed deeded fee interest (based on res judicata under N.M. law) in the lands within our ranches that prove that our cattle are not ranging on national forest system lands.
Our situation hinges on three principles of law; the sovereignty of the State of New Mexico, the limits on federal jurisdiction, and the oath of office of state officials.
This matter concerns private property rights that are within the bounds of State sovereignty, over which the Federal District Court has no jurisdiction. Any dispute over these rights must be handled in a State court of proper jurisdiction, as stated by the U.S. Supreme Court in Garland v. Wynn, 61 US 6, 20 How 6, 15 L. Ed 801, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”
With respect to jurisdiction over national forest system lands, there is no evidence in the New Mexico legislative proceedings to show that exclusive legislative jurisdiction was ever ceded by the New Mexico Legislature in accordance with Article 1, § 8, Clause 17 of the Constitution of the United States of America (see NMSA 1978, 19-2-2 through 19-2-11) Therefore, federal jurisdiction over these lands falls within the category of proprietary jurisdiction, wherein the U.S. functions as any other land owner within the state, and must abide by State law and depend on local law enforcement to serve warrants, court orders and arrests. In Woodruff v. Mining Co., 18 Fed. 772, the U.S. Supreme Court stated, “the only interest of the United States in the public lands was that of a proprietor, like that of any proprietor…”
The federal government, under this limited jurisdiction, cannot compel the New Mexico Livestock Board or the County Sheriffs “to enact or administer federal regulatory programs,” (N.Y. v. U.S. 120 L.Ed.2d 158) nor can the federal government or District Court, authorize federal agency personnel or contractors to violate State law (i.e., New Mexico Livestock Code).
The predecessors of your office worked long and hard to win the decision of the U.S. Supreme Court in U.S. v. New Mexico 435 U.S. 696, 98 S.Ct. 3012 (1978), which stated that cattle grazing was not a purpose for which the Gila River Forest Reserve was withdrawn, and that the stock water was to be allocated to the individual stockwaterer under State law. In order for all New Mexico public officials to uphold their Oath of Office, they must protect private property rights. Those who do not do so are subject to being held accountable for violating their Oath.
We hand delivered a packet to you last Wednesday with more details in this matter.
Sincerely submitted,
___________________________________
Kit Laney
Cc: N.M. Livestock Board Members
Order 06-222
AREA CLOSURE – Diamond Bar Allotment Gila National Forest
Pursuant to 36 CFR 261.50(a) and (b), the following acts are prohibited on the area described in this order and shown on Exhibit A within the Gila National Forest, until further notice.
(1) Going into the area in violation of posted restrictions for public health and safety, 36 CFR 261.53(e).
(2) Going into the area in violation of posted restriction for the protection of property,
36 CFR 261.53(f).
Pursuant to 36 CFR 261.50(e), the following persons are exempted from this order:
(1) Persons with a permit specifically authorizing the prohibited act or omission.
(2) Any Federal State or local Officer, or member of an organized rescue or firefighting force in the performance of an official duty.
This order affects the Diamond Bar Allotment area of the Wilderness Ranger District, Gila National Forest, as shown in Exhibit A.
Description of Closed Area, Roads and Trails
Forest Road 150 from below the private lands at Wall Lake, (Township 11 South, Range 12 West, Section 15), south to the south rim of Rocky Canyon (Township 14 South, Range 11 West, Section 8).
Trails include: Trail #40 in Diamond Creek, including Middle Diamond Creek from the junction of Forest Road 150 to the junction of the CD trail # 74. CD Trail # 74 from the junction of Trail #40 south to the junction of Trail # 74. Trail #74 to the junction of Forest Road 150. Encompassing Trails # 75, 76, 75A, 72, 481, 73, 707, 68, 69, 67, and 308. To the west of Forest Road 150 trails include Trail # 803, 700, 95, 94, 716, 708, 713, East Fork of the Gila River from private property at Trails End Ranch to the private land at Lyons Lodge.
Land area includes the area described as the Diamond Bar Allotment: On the Northwest side from the confluence of Adobe Canyon and the East Fork of the Gila River to Forest Road 225 easterly to the junction of Forest Road 18, north along Forest Road 18 for approximately 1/2 mile then continuing east to Forest Road 150. From Forest Road 150 east to the southwest slope of Round Mountain south along
the Crest Trail to Diamond Peak and on to Reeds Peak. The south border continues along Trail # 74 to Sign Board Saddle to a cattle guard in Rocky Canyon and Forest Road 150. Continuing west to the north rim area of Apache Creek across the lower end of Black Canyon to the East Fork of the Gila River. The west boundary is the East Fork of the Gila River north to Adobe Canyon.
The attached map, Exhibit A, identifies the trails, Roads, and area closed by this Order.
This Order becomes effective at 8:00 a.m., February 11, 2004 and will remain in effect until rescinded.
Order No. 06-222 Page 2
Done at Silver City, New Mexico, this 5th day of February 2004.
/s/ Marcia R. Andre
MARCIA R. ANDRE
Forest Supervisor
Gila National Forest
Violations of these prohibitions is punishable by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment of not more than six months, or both. (Title 16 U.S.C. 551 and Title18 U.S.C. 3559 and 3571).
What's Ahead (Forest Service)
A team has been assembled to conduct the impoundment and removal process. This team will work primarily out of the MeOwn Guard Station located within the Diamond Bar Allotment. A contractor will perform the actual gathering of livestock.
Initial aerial monitoring will be conducted by helicopter to determine the location of livestock. The contractor will be briefed and provided with maps indicating the livestock locations. The gathering of livestock by the contractor will be herded into the MeOwn or Beaverhead corrals for shipment to Los Lunas for eventual sale. To enable the contractor to gather the animals in an efficient manner, the helicopter will be used prudently for reconnaissance flights to locate remaining livestock.
The team will consist of an Incident Commander with Line Officer authority, an Operations/Planning Chief to oversee daily operations, a Contracting Officer Representative (COR) who will be responsible for the contract, a Logistics Chief to maintain the camps, the Forest Public Affairs Officer (PAO) who will be the media/public contact, a Finance Chief to track costs, a N.M. Livestock Inspector present when cattle are to be shipped, a Helicopter Manager, an Emergency Medical Technician (EMT), and a Security Chief to manage Law Enforcement personnel. Numbers of additional support personnel will vary.
Permalink
Friday, February 13, 2004
NEWS ROUNDUP
Fish and Wildlife Service expresses concerns over Biscuit fire salvage The U.S. Fish and Wildlife Service has expressed concerns that salvage logging plans for the area burned by the 2002 Biscuit fire could harm important wilderness habitats and northern spotted owls. Their comments in the draft environmental impact statement for Biscuit urged keeping timber sales out of inventoried roadless areas, undeveloped portions of the Siskiyou National Forest where the salvage plan calls for logging 12,355 acres to produce 200 million board feet out of the total 518 million board foot harvest. Fish and Wildlife characterized the roadless areas as "strongholds for populations of threatened and endangered species," adding that the fire did not destroy their potential to being designated wilderness, where logging is not allowed, and serving as important habitat.... Beauty vs. energy drilling, who will win? Will the U.S. Forest Service open the Valle Vidal for coal bed methane production? That is the fundamental question behind the more controversial, but perhaps more salient question, should the Valle Vidal be opened for such production? Coal bed methane is a natural gas found in coal seams. Production of the gas requires drilling holes into the earth, forcing water into coal seams, then pumping it out to release the gas. The coal bed methane drilling controversy extends well beyond the Valle Vidal with New Mexico joining the ranks of Wyoming, Kansas, Iowa, Alabama, Pennsylvania and Virginia as key players in this non-conventional energy source push.... Bend official urges House to force Pine Nursery sale A Bend Metro Park and Recreation District official asked a Congressional subcommittee Thursday to pass legislation that would force the federal government to sell the Bend Pine Nursery to the district for a price below what the government has requested. A day after a Senate committee approved the bill, sending it to the Senate floor, Chuck Burley of the Bend Park and Recreation District called on the House panel to approve Rep. Greg Walden's bill, which would transfer the 185-acre nursery for $3.5 million, $2.3 million less than the U.S. Forest Service's asking price. The Park District wants to use most of the land for recreational purposes, such as creating footpaths for hiking and building baseball diamonds and soccer fields.... Prairie dog poison ban lifted The U.S. Forest Service says it is lifting its ban on poisoning prairie dogs on five national grasslands in South Dakota, North Dakota, Nebraska and Wyoming. Deputy Chief Tom Thompson, in a letter sent Thursday to three regional foresters, rescinded an earlier letter of direction that effectively banned poisoning of prairie dogs on national forests and grasslands, according to a news release from Nebraska National Forest supervisor Don Bright in Chadron. The decision opens the way to control the spread of prairie dogs onto private land from federal grasslands, including the Buffalo Gap and Fort Pierre national grasslands in western South Dakota, Bright said.... Judge allows logging in critical owl habitat National forests in southwestern Oregon can sell timber that stands within critical habitat for the northern spotted owl if the areas also are designated for logging under the Northwest Forest Plan, a federal judge has ruled. The ruling by U.S. District Judge Owen Panner in Portland was a defeat for the Oregon Natural Resources Council and other environmental groups trying to protect old growth timber within the area designated for harvest on federal lands in Oregon, Washington and Northern California. In dismissing the lawsuit, the judge upheld the biological opinion from the U.S. Fish and Wildlife Service that declared logging on 60,000 acres of the Rogue River and Siskiyou national forests and the U.S. Bureau of Land Management's Medford District would not harm the overall population of spotted owls, which are a threatened species.... Cubin backs Wyo on wolf debate Barbara Cubin, Wyoming's sole U.S. representative, is "appalled" at how the U.S. Fish and Wildlife Service has treated the state over the wolf management issue, she told state lawmakers Friday. "Wyoming is right on this issue, and I'm not afraid to say that to a Republican administration," said the GOP congresswoman to state senators, sparking the one interruption by applause in her roughly 10-minute speech. She said officials of the federal agency made verbal and written assurances to both Cubin and state leaders that Wyoming's proposed wolf management law from last year would satisfy federal requirements for turning management of the creatures over to the states and for beginning to remove the gray wolf from the Endangered Species List.... Wyo aims to keep dual wolf status Wyoming's Game and Fish Commissioners are sticking to their guns and supporting a dual classification of wolves, even if it means going to court. The commission decided Friday not to support a bill, HB 155, that aims to avoid a court battle over Wyoming's gray wolf management plan by removing the predator provisions in the dual classification. Instead, the commission voted -- by a 4-3 margin that was decided by Commission President Jerry Sanders' tie-breaking vote -- to support a second House bill that keeps the dual classification in place, but changes the law to better meet federal demands for delisting. Commissioners said if nothing else, the bill could strengthen the state's hand if wolf delisting is litigated....Congress resists funding wild horse program The Bureau of Land Management is running into more problems trying to come up with additional money from Congress for wild horse controls, threatening new plans to reduce herds roaming the West. BLM officials were told by representatives from House and Senate budget-writing committees at a private meeting last week not to expect an increase for wild horse control, according to a spokesman for the House Appropriations Committee. The action represents another setback to a struggling Wild Horse and Burro program that is routinely criticized for failing to meet goals to manage 38,000 free-roaming horses and burros.... Column: Environmental regulation and private property rights Three years ago, Judge John Paul Wiese of the U.S. Court of Federal Claims ruled that the government owed the 275 farmers for their water losses. And this past New Year's Eve, he set the amount of damages at $14 million plus interest (a momentous judgment that received little notice until a few weeks ago). Indeed, no longer can government regulators take private property – be it water or, presumably, land – to protect this snail darter or that spotted owl with no consideration whatsoever for the economic loss that may be suffered by private property owners. If the government feels that a species is so endangered that it needs to take a farmer's water, that it needs to deprive a landowner of full economic use of his or her land, then the government ought to pay the farmer, the landowner for the loss.... NYT Editorial: Snowmobiles Unbound Friends of Yellowstone National Park were thrilled when a federal district judge in Washington ruled last December in favor of a Clinton administration plan that would have gradually eliminated snowmobiles from the park and against a Bush proposal that would have kept them there. Now another federal judge, in a separate case in Wyoming, has muddied the judicial waters by declaring the Clinton plan illegal and, in effect, ordering the National Park Service managers in Yellowstone to end the phaseout. The number of machines entering the park, which had been declining, promptly jumped to more than 700 a day from 490. It is hard to say which is more disheartening, the irrational ruling by the judge in Wyoming, Clarence Brimmer, or the administration's disingenuous response.... Park gas-mask probe rejected Republican candidate for governor Ken Miller has asked Attorney General Mike McGrath to investigate a 2-year-old photograph that showed National Park Service employees wearing gas masks to highlight air pollution caused by snowmobiles in Yellowstone National Park. McGrath declined, saying his office can perform criminal investigations only at the request of law-enforcement officials not the public, spokeswoman Lynn Solomon said. In a letter, Miller said the attorney general had received "hundreds of signatures on petitions and hundreds of letters requesting your office investigate the infamous 'rangers with gas mask' photo that Park Service personnel allegedly staged." Miller said he believes there is sufficient evidence of "malicious wrongdoing to justify an investigation." Many people watched the staging of a photo opportunity that resulted in a photograph that ran in newspapers throughout the country on Feb. 19, 2002, he said.... Ojito Wilderness The plan to create the Ojito Wilderness Area, crafted after years of negotiations in New Mexico between environmentalists, Zia Pueblo and lawmakers, has run into a snag with the Bush administration. New Mexico senators were surprised Thursday to learn the Department of Interior wants to use the Ojito bill to set a precedent in limiting its responsibility for managing Indian Trust lands.... Hunters complain of off-road vehicles Some elk hunters say hunters who use noisy - and speedy - all-terrain vehicles and snowmobiles are spoiling their chances. One complained to the Wyoming Game and Fish Commission on Thursday. "All day long they're cowboying it up," Stephen Eckert said. "These pseudo-hunters ... are a cancer that needs to be in remission.".... EPA Relaxes Estimations of Park Pollution In a decision that raises the possibility of increased pollution in national parks around the country, the Bush administration will allow North Dakota to change the way it estimates air pollution over Theodore Roosevelt National Park. The change, announced Friday in Bismarck, N.D., means that a consortium of power companies will be able to go ahead with a coal-fired power plant in North Dakota, and other power plants could open in the future, state officials said. Compliance with the Clean Air Act's requirements on national parks is determined by a system for estimating pollution levels. The new system, which is expected to produce lower estimates, could allow new coal-fired plants to be built near the North Dakota park without violating the law. "That sets the stage for new investments in our energy industry and real progress in our rural communities," Gov. John Hoeven said in announcing the agreement with the Environmental Protection Agency.... State’s Refusal to Share Public Documents Draws Challenge from Conservation Groups Earthjustice today appealed the Utah Attorney General’s refusal to provide public documents relating to highways claimed by the state under a federal statute known as R.S. 2477. The requests, filed in January under Utah’s Government Records Access and Management Act, seek basic information about the construction and location of the claimed highways, and the standards under which highway claims would be evaluated. Joro Walker, an attorney for the groups, explained that state and various county officials have misconstrued the law to claim that thousands of faint, previously unmapped trails qualify as “constructed highways” under R.S. 2477. The result is that once they have laid claim to these trails, they could move in with bulldozers and convert them to permanent roads, subjecting some of the most scenic national parks and refuges to increased traffic and development.... Column: Bush still isn't listening For three years, public servants and career scientists have been browbeaten into silence on many environmental and public lands issues. The administration ignores scientific studies that don't support Bush's political agenda. When public opinion disagrees with his goals, the administration shuts off public comment. The people who are trying to protect our air and water and be good stewards of our public lands have been told that their loyalty is not to the public or federal law. Instead, they are told, in no uncertain terms, to be loyal to this president.... Offshore Fish Farm Proposed A San Diego firm announced Thursday that it wants to use an old oil platform off Ventura County to create a commercial fish farm, the first of its kind on the West Coast to specialize in fin fish. The nonprofit Hubbs-SeaWorld Research Institute wants to use Venoco Inc.'s decommissioned Grace platform, in waters about 10 miles west of Ventura, to build an experimental operation that could produce up to 300 tons of fish annually.... Water rights proposal put forward in New Mexico A water rights battle that has raged for almost 40 years may finally be settled. New Mexico state officials first filed the Aamodt lawsuit in 1966 in an effort to delineate the water rights of Indian pueblos and of non- Native Americans. The proposed settlement involves water users who are not tribal members in the Rio Pojoaque, Rio Nambé and Rio Tesuque Pueblo drainages giving up private wells and connecting to a regional water system. The idea of a regional water system has been bandied about for years, but this is the first time a concrete plan with the backing of so many imvolved has been pushed forward. State and federal officials would coordinate the water system. The project is estimated to cost $280 million, of which the federal government would pay all but $68 million. A federal judge must still approve the proposal, which has the backing of Indian and non-Indian negotiators.... Probe prompts branding takeover The state's decision to take over the brand inspection program from South Dakota Stockgrowers Association came after a criminal investigation, Gov. Mike Rounds said Friday. But Rounds said the investigation didn't find criminal intent, and there are not plans to file criminal charges. He would not say what prompted the investigation. The South Dakota Brand Board voted Wednesday night to drop the contract with the Stockgrowers Association, which has run the brand inspection program for at least 60 years.... History of SD Hangings A woman who has compiled history about murders in Dakota Territory and South Dakota's early years has her work on display at the Cultural Heritage Center in Pierre. Carol Jennings spent two years on the project that focuses on murder in the state up to 1940. She's a research assistant at the State Archives in the Cultural Heritage Center. Her work includes the noose that was used to hang Nathaniel Thompson in 1893 and other items from that part of history. She has compiled this list of people executed by hanging in a portion of Dakota Territory and later in South Dakota.... 'Picture Perfect Cowboy' He can talk about the Stock Show ’til the cows come home, then “cut,” rope and paint the cows when they get there. Buck Taylor, at 65, embodies the classic old-time cowboy, and immortalizes the western way of life—from his Gunsmoke TV days to breeding longhorn cattle on his Throckmorton Ranch and creating paintings that reflect the romance and reality of the American West. For the past nine years, the actor and western artist has created the official Fort Worth Stock Show and Rodeo poster, and sold his art in the Amon Carter Exhibit Hall.... Cody ranch used for Sports Illustrated swimsuit shoot Never mind those sandy beaches - readers of this year's Sports Illustrated Swimsuit issue will see models posing on the banks of the North Fork and in Stampede Park. For one week in early July last year, two models and a crew of photographers, makeup artists and support personnel lived at the UXU Ranch and shot on location. "I was excited to have a magazine like that choose my ranch to spend a week," UXU owner Ham Bryan said. "Let's face it, it's any guy's dream.".... Local pro rodeo cowboy, rope manufacturer dies of heart attack Johnny Dale Emmons threw ropes, made ropes and even invented ropes. A former professional rodeo cowboy, he ran his family's rope manufacturing business and patented the Original Nylon Pigging String, a light rope that reduced times and brought new excitement to calf roping. Emmons, 55, died Monday of a heart attack at Arlington Memorial Hospital.... Short visits reveal mutual friends, kinfolk I have a theory, developed over my 70-plus years in the Panhandle, that goes something like this: "If you visit with a stranger for five minutes, you will know of him or at least heard of him before. If you visit 10 minutes, you will discover you both have mutual friends and mutual interests. If you visit 15 minutes, you will find you are cousins." This theory seldom fails me, as before I married Ruth I was kin to everybody south of the Canadian River. After marriage, I became kin to everyone north of the river. Kinfolks have always meant a lot to my family, but like many other things, times have changed.... On The Edge Of Common Sense: A horse is a horse, unlesss of course it's a girl's first love He spent his last year living a horse's dream: being loved by a little girl. A $400 dental bill at age 25 extended his life. I've owned many horses. He's the only one I've ever buried on my place. His greatest trait was that he had try. "He was hard and tough and wiry, just the sort that won't say die" was how Banjo Paterson put it in "The Man From Snowy River." He made a good cowman out of my daughter, won her a buckle in the team penning. He never placed in the halter class, always a little overweight, a might short. I took a lot of hoorahin' from the well-mounted boys at the roping arena....
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Fish and Wildlife Service expresses concerns over Biscuit fire salvage The U.S. Fish and Wildlife Service has expressed concerns that salvage logging plans for the area burned by the 2002 Biscuit fire could harm important wilderness habitats and northern spotted owls. Their comments in the draft environmental impact statement for Biscuit urged keeping timber sales out of inventoried roadless areas, undeveloped portions of the Siskiyou National Forest where the salvage plan calls for logging 12,355 acres to produce 200 million board feet out of the total 518 million board foot harvest. Fish and Wildlife characterized the roadless areas as "strongholds for populations of threatened and endangered species," adding that the fire did not destroy their potential to being designated wilderness, where logging is not allowed, and serving as important habitat.... Beauty vs. energy drilling, who will win? Will the U.S. Forest Service open the Valle Vidal for coal bed methane production? That is the fundamental question behind the more controversial, but perhaps more salient question, should the Valle Vidal be opened for such production? Coal bed methane is a natural gas found in coal seams. Production of the gas requires drilling holes into the earth, forcing water into coal seams, then pumping it out to release the gas. The coal bed methane drilling controversy extends well beyond the Valle Vidal with New Mexico joining the ranks of Wyoming, Kansas, Iowa, Alabama, Pennsylvania and Virginia as key players in this non-conventional energy source push.... Bend official urges House to force Pine Nursery sale A Bend Metro Park and Recreation District official asked a Congressional subcommittee Thursday to pass legislation that would force the federal government to sell the Bend Pine Nursery to the district for a price below what the government has requested. A day after a Senate committee approved the bill, sending it to the Senate floor, Chuck Burley of the Bend Park and Recreation District called on the House panel to approve Rep. Greg Walden's bill, which would transfer the 185-acre nursery for $3.5 million, $2.3 million less than the U.S. Forest Service's asking price. The Park District wants to use most of the land for recreational purposes, such as creating footpaths for hiking and building baseball diamonds and soccer fields.... Prairie dog poison ban lifted The U.S. Forest Service says it is lifting its ban on poisoning prairie dogs on five national grasslands in South Dakota, North Dakota, Nebraska and Wyoming. Deputy Chief Tom Thompson, in a letter sent Thursday to three regional foresters, rescinded an earlier letter of direction that effectively banned poisoning of prairie dogs on national forests and grasslands, according to a news release from Nebraska National Forest supervisor Don Bright in Chadron. The decision opens the way to control the spread of prairie dogs onto private land from federal grasslands, including the Buffalo Gap and Fort Pierre national grasslands in western South Dakota, Bright said.... Judge allows logging in critical owl habitat National forests in southwestern Oregon can sell timber that stands within critical habitat for the northern spotted owl if the areas also are designated for logging under the Northwest Forest Plan, a federal judge has ruled. The ruling by U.S. District Judge Owen Panner in Portland was a defeat for the Oregon Natural Resources Council and other environmental groups trying to protect old growth timber within the area designated for harvest on federal lands in Oregon, Washington and Northern California. In dismissing the lawsuit, the judge upheld the biological opinion from the U.S. Fish and Wildlife Service that declared logging on 60,000 acres of the Rogue River and Siskiyou national forests and the U.S. Bureau of Land Management's Medford District would not harm the overall population of spotted owls, which are a threatened species.... Cubin backs Wyo on wolf debate Barbara Cubin, Wyoming's sole U.S. representative, is "appalled" at how the U.S. Fish and Wildlife Service has treated the state over the wolf management issue, she told state lawmakers Friday. "Wyoming is right on this issue, and I'm not afraid to say that to a Republican administration," said the GOP congresswoman to state senators, sparking the one interruption by applause in her roughly 10-minute speech. She said officials of the federal agency made verbal and written assurances to both Cubin and state leaders that Wyoming's proposed wolf management law from last year would satisfy federal requirements for turning management of the creatures over to the states and for beginning to remove the gray wolf from the Endangered Species List.... Wyo aims to keep dual wolf status Wyoming's Game and Fish Commissioners are sticking to their guns and supporting a dual classification of wolves, even if it means going to court. The commission decided Friday not to support a bill, HB 155, that aims to avoid a court battle over Wyoming's gray wolf management plan by removing the predator provisions in the dual classification. Instead, the commission voted -- by a 4-3 margin that was decided by Commission President Jerry Sanders' tie-breaking vote -- to support a second House bill that keeps the dual classification in place, but changes the law to better meet federal demands for delisting. Commissioners said if nothing else, the bill could strengthen the state's hand if wolf delisting is litigated....Congress resists funding wild horse program The Bureau of Land Management is running into more problems trying to come up with additional money from Congress for wild horse controls, threatening new plans to reduce herds roaming the West. BLM officials were told by representatives from House and Senate budget-writing committees at a private meeting last week not to expect an increase for wild horse control, according to a spokesman for the House Appropriations Committee. The action represents another setback to a struggling Wild Horse and Burro program that is routinely criticized for failing to meet goals to manage 38,000 free-roaming horses and burros.... Column: Environmental regulation and private property rights Three years ago, Judge John Paul Wiese of the U.S. Court of Federal Claims ruled that the government owed the 275 farmers for their water losses. And this past New Year's Eve, he set the amount of damages at $14 million plus interest (a momentous judgment that received little notice until a few weeks ago). Indeed, no longer can government regulators take private property – be it water or, presumably, land – to protect this snail darter or that spotted owl with no consideration whatsoever for the economic loss that may be suffered by private property owners. If the government feels that a species is so endangered that it needs to take a farmer's water, that it needs to deprive a landowner of full economic use of his or her land, then the government ought to pay the farmer, the landowner for the loss.... NYT Editorial: Snowmobiles Unbound Friends of Yellowstone National Park were thrilled when a federal district judge in Washington ruled last December in favor of a Clinton administration plan that would have gradually eliminated snowmobiles from the park and against a Bush proposal that would have kept them there. Now another federal judge, in a separate case in Wyoming, has muddied the judicial waters by declaring the Clinton plan illegal and, in effect, ordering the National Park Service managers in Yellowstone to end the phaseout. The number of machines entering the park, which had been declining, promptly jumped to more than 700 a day from 490. It is hard to say which is more disheartening, the irrational ruling by the judge in Wyoming, Clarence Brimmer, or the administration's disingenuous response.... Park gas-mask probe rejected Republican candidate for governor Ken Miller has asked Attorney General Mike McGrath to investigate a 2-year-old photograph that showed National Park Service employees wearing gas masks to highlight air pollution caused by snowmobiles in Yellowstone National Park. McGrath declined, saying his office can perform criminal investigations only at the request of law-enforcement officials not the public, spokeswoman Lynn Solomon said. In a letter, Miller said the attorney general had received "hundreds of signatures on petitions and hundreds of letters requesting your office investigate the infamous 'rangers with gas mask' photo that Park Service personnel allegedly staged." Miller said he believes there is sufficient evidence of "malicious wrongdoing to justify an investigation." Many people watched the staging of a photo opportunity that resulted in a photograph that ran in newspapers throughout the country on Feb. 19, 2002, he said.... Ojito Wilderness The plan to create the Ojito Wilderness Area, crafted after years of negotiations in New Mexico between environmentalists, Zia Pueblo and lawmakers, has run into a snag with the Bush administration. New Mexico senators were surprised Thursday to learn the Department of Interior wants to use the Ojito bill to set a precedent in limiting its responsibility for managing Indian Trust lands.... Hunters complain of off-road vehicles Some elk hunters say hunters who use noisy - and speedy - all-terrain vehicles and snowmobiles are spoiling their chances. One complained to the Wyoming Game and Fish Commission on Thursday. "All day long they're cowboying it up," Stephen Eckert said. "These pseudo-hunters ... are a cancer that needs to be in remission.".... EPA Relaxes Estimations of Park Pollution In a decision that raises the possibility of increased pollution in national parks around the country, the Bush administration will allow North Dakota to change the way it estimates air pollution over Theodore Roosevelt National Park. The change, announced Friday in Bismarck, N.D., means that a consortium of power companies will be able to go ahead with a coal-fired power plant in North Dakota, and other power plants could open in the future, state officials said. Compliance with the Clean Air Act's requirements on national parks is determined by a system for estimating pollution levels. The new system, which is expected to produce lower estimates, could allow new coal-fired plants to be built near the North Dakota park without violating the law. "That sets the stage for new investments in our energy industry and real progress in our rural communities," Gov. John Hoeven said in announcing the agreement with the Environmental Protection Agency.... State’s Refusal to Share Public Documents Draws Challenge from Conservation Groups Earthjustice today appealed the Utah Attorney General’s refusal to provide public documents relating to highways claimed by the state under a federal statute known as R.S. 2477. The requests, filed in January under Utah’s Government Records Access and Management Act, seek basic information about the construction and location of the claimed highways, and the standards under which highway claims would be evaluated. Joro Walker, an attorney for the groups, explained that state and various county officials have misconstrued the law to claim that thousands of faint, previously unmapped trails qualify as “constructed highways” under R.S. 2477. The result is that once they have laid claim to these trails, they could move in with bulldozers and convert them to permanent roads, subjecting some of the most scenic national parks and refuges to increased traffic and development.... Column: Bush still isn't listening For three years, public servants and career scientists have been browbeaten into silence on many environmental and public lands issues. The administration ignores scientific studies that don't support Bush's political agenda. When public opinion disagrees with his goals, the administration shuts off public comment. The people who are trying to protect our air and water and be good stewards of our public lands have been told that their loyalty is not to the public or federal law. Instead, they are told, in no uncertain terms, to be loyal to this president.... Offshore Fish Farm Proposed A San Diego firm announced Thursday that it wants to use an old oil platform off Ventura County to create a commercial fish farm, the first of its kind on the West Coast to specialize in fin fish. The nonprofit Hubbs-SeaWorld Research Institute wants to use Venoco Inc.'s decommissioned Grace platform, in waters about 10 miles west of Ventura, to build an experimental operation that could produce up to 300 tons of fish annually.... Water rights proposal put forward in New Mexico A water rights battle that has raged for almost 40 years may finally be settled. New Mexico state officials first filed the Aamodt lawsuit in 1966 in an effort to delineate the water rights of Indian pueblos and of non- Native Americans. The proposed settlement involves water users who are not tribal members in the Rio Pojoaque, Rio Nambé and Rio Tesuque Pueblo drainages giving up private wells and connecting to a regional water system. The idea of a regional water system has been bandied about for years, but this is the first time a concrete plan with the backing of so many imvolved has been pushed forward. State and federal officials would coordinate the water system. The project is estimated to cost $280 million, of which the federal government would pay all but $68 million. A federal judge must still approve the proposal, which has the backing of Indian and non-Indian negotiators.... Probe prompts branding takeover The state's decision to take over the brand inspection program from South Dakota Stockgrowers Association came after a criminal investigation, Gov. Mike Rounds said Friday. But Rounds said the investigation didn't find criminal intent, and there are not plans to file criminal charges. He would not say what prompted the investigation. The South Dakota Brand Board voted Wednesday night to drop the contract with the Stockgrowers Association, which has run the brand inspection program for at least 60 years.... History of SD Hangings A woman who has compiled history about murders in Dakota Territory and South Dakota's early years has her work on display at the Cultural Heritage Center in Pierre. Carol Jennings spent two years on the project that focuses on murder in the state up to 1940. She's a research assistant at the State Archives in the Cultural Heritage Center. Her work includes the noose that was used to hang Nathaniel Thompson in 1893 and other items from that part of history. She has compiled this list of people executed by hanging in a portion of Dakota Territory and later in South Dakota.... 'Picture Perfect Cowboy' He can talk about the Stock Show ’til the cows come home, then “cut,” rope and paint the cows when they get there. Buck Taylor, at 65, embodies the classic old-time cowboy, and immortalizes the western way of life—from his Gunsmoke TV days to breeding longhorn cattle on his Throckmorton Ranch and creating paintings that reflect the romance and reality of the American West. For the past nine years, the actor and western artist has created the official Fort Worth Stock Show and Rodeo poster, and sold his art in the Amon Carter Exhibit Hall.... Cody ranch used for Sports Illustrated swimsuit shoot Never mind those sandy beaches - readers of this year's Sports Illustrated Swimsuit issue will see models posing on the banks of the North Fork and in Stampede Park. For one week in early July last year, two models and a crew of photographers, makeup artists and support personnel lived at the UXU Ranch and shot on location. "I was excited to have a magazine like that choose my ranch to spend a week," UXU owner Ham Bryan said. "Let's face it, it's any guy's dream.".... Local pro rodeo cowboy, rope manufacturer dies of heart attack Johnny Dale Emmons threw ropes, made ropes and even invented ropes. A former professional rodeo cowboy, he ran his family's rope manufacturing business and patented the Original Nylon Pigging String, a light rope that reduced times and brought new excitement to calf roping. Emmons, 55, died Monday of a heart attack at Arlington Memorial Hospital.... Short visits reveal mutual friends, kinfolk I have a theory, developed over my 70-plus years in the Panhandle, that goes something like this: "If you visit with a stranger for five minutes, you will know of him or at least heard of him before. If you visit 10 minutes, you will discover you both have mutual friends and mutual interests. If you visit 15 minutes, you will find you are cousins." This theory seldom fails me, as before I married Ruth I was kin to everybody south of the Canadian River. After marriage, I became kin to everyone north of the river. Kinfolks have always meant a lot to my family, but like many other things, times have changed.... On The Edge Of Common Sense: A horse is a horse, unlesss of course it's a girl's first love He spent his last year living a horse's dream: being loved by a little girl. A $400 dental bill at age 25 extended his life. I've owned many horses. He's the only one I've ever buried on my place. His greatest trait was that he had try. "He was hard and tough and wiry, just the sort that won't say die" was how Banjo Paterson put it in "The Man From Snowy River." He made a good cowman out of my daughter, won her a buckle in the team penning. He never placed in the halter class, always a little overweight, a might short. I took a lot of hoorahin' from the well-mounted boys at the roping arena....
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OPINION/COMMENTARY
Stopping the Real Pests
It's great news that most Americans now identify themselves as environmentalists. Unfortunately, a small number have embraced environmentalism with religious fervor, basing their beliefs more on faith and dogma than on science and data.
Not unlike fundamentalists engaged in a jihad against unbelievers, these radical environmentalists pursue an agenda that has less to do with protection of the environment than with antipathy toward business, profits, and certain products and technologies. Ironically, their efforts to achieve their own narrow vision of what constitutes a "good society" often are inimical to protection of the environment -- a variation on the admission by Peanuts cartoon character Linus van Pelt, "I love humanity; it's people I can't stand."
For example, exploiting a technicality that links the Endangered Species Act (ESA) to pesticide registration, environmental groups have filed a spate of nuisance lawsuits that attempt to prevent the Environmental Protection Agency from registering or re-registering pesticides. These suits take advantage of a legal technicality that links pesticide registration to the Endangered Species Act (ESA). They allege that by failing to put in place a process for consultation with the federal agencies that administer the ESA -- the National Marine Fisheries Service and Fish & Wildlife Service -- before registering a pesticide, the EPA has not complied fully with the law. This in spite of the fact that the Fish & Wildlife Service's ESA Consultation Handbook makes it clear that "[t]he Services cannot force an action agency to consult."....
Democrats Dodge Campaign Finance Law with Environment 2004
Taking advantage of campaign finance laws that restrict direct contributions to political candidates but allow unrestricted contributions to “issues” advocacy, several former Clinton administration officials have begun raising money to target President George W. Bush’s environmental record during the upcoming election.
Referring to itself as “Environment 2004,” the new group consists of such Clinton notables as former EPA Administrator Carol Browner, former Interior Secretary Bruce Babbitt, and former Undersecretary of Global Affairs Frank Loy. Environment 2004 has so far raised $500,000 to attack the Bush environment record and has set a goal of raising $5 million by the November 2004 election.
According to the December 5 Chicago Tribune, “The organization is structured to take advantage of loopholes in campaign finance laws that allow independent interest groups to gather unlimited ‘soft money’ contributions that candidates and political parties are no longer allowed to accept.”....
Glacier National Park Ruling Voids Property Rights
However, in December 1999, the NPS sent McFarland an email informing him “that no one will drive park roads once they are closed to the public.” Though McFarland believes he has the right to use Glacier Route 7, he was willing to compromise. On January 6, 2000, he filed a special use permit application asking the NPS’s permission to use a vehicle or snowmobile to travel between his home and the Polebridge Ranger Station. On January 24, 2000, the NPS summarily denied that application.
McFarland sued. First, because he claims an easement in Glacier Route 7, with which the NPS interfered, he sued under the Quiet Title Act, by which Congress authorized landowners to get title to property to which the government asserts an adverse claim. Second, because the NPS arbitrarily and capriciously denied his special use permit, he sued under the Administrative Procedure Act (APA).
Recently, a Montana federal district court dismissed McFarland’s case. The court ruled he had filed beyond the Quiet Title Act’s 12-year statute of limitations, which, according to the district court, began to run in 1976 when the NPS restricted the general public’s ability to use Glacier Route 7 north of Polebridge Ranger Station. Though the NPS gave McFarland complete access to Glacier Route 7, he should have known, reasoned the court, that the NPS believed it could deny him that right. The court also dismissed the APA claim because the Quiet Title Act is “the exclusive means” of resolving property disputes. Both rulings are legally suspect and terrible public policy....
Want to know why “that dog won’t hunt”?
Congress passed a new law requiring that everyone in New York and California allow at least ten mice and two hundred cockroaches to live in their homes.
I am just kidding. Congress didn’t really do that, but wouldn’t it be fun, just for once, to let them know what if feels like to have other people dictate how to live? It will never happen, because “that dog won’t hunt” (an unworkable idea), any more than the prairie dog hunts.
Prairie dogs are proposed for listing under the endangered species act. They will receive additional attention this year, because Lewis and Clark “discovered” the prairie dog two hundred years ago. Lewis and Clark noted in their journal that the French called them “petite chien”, which means “small dog”.
Actually, the prairie dog is a rodent belonging to the same family as tree squirrels, chipmunks and ground squirrels (or as I call them “gophers”)....
The Terror of "Animal Rights"
The "animal rights" movement is celebrating its latest victory: an earlier, more painful death for future victims of Alzheimer's, Parkinson's, and Huntington's disease.
Thanks to intimidation by animal rights terrorists, Cambridge University has dropped plans to build a laboratory that would have conducted cutting-edge brain research on primates. According to *The Times* of London, animal-rights groups "had threatened to target the centre with violent protests ... and Cambridge decided that it could not afford the costs or danger to staff that this would involve."
The university had good reason to be afraid. At a nearby animal-testing company, Huntingdon Life Sciences, "protestors" have for several years attempted to shut down the company by threatening employees and associates, damaging their homes, firebombing their cars, even beating them severely....
Time To Cowboy Up on Extremists
Among the many excesses of radical environmentalism, few can match its unremitting opposition to genetically modified crops.
Led by groups such as Greenpeace, the radicals have displayed an astonishing callousness to suffering and starvation in the Third World, and an even more astonishing ability to impact political decisions there.
In the fall of 2002, Andrew S. Natsios, administrator of the U.S. Agency for Economic Development put it well. He was trying to ship maize to drought-stricken Zambia, where millions were in desperate need. But the Zambian government refused to distribute the maize because the Greenpeace-types had convinced them some of it might be genetically modified. Better to starve than take a chance on that, notwithstanding the fact there is no evidence GM maize represents any health hazard whatsoever. "They can play these games with Europeans, who have full stomachs, but it is revolting and despicable to see them do so when the lives of Africans are at stake," Natsios said....
Separating people from their water
Agenda 21 represents a major fundamental change in the role of government in social and land-use policy. Under its concept of sustainability, the primary purpose of government will no longer be to serve the people. Rather, the focus of Agenda 21 is to protect nature from people. Governance will be by consensus among "stakeholders and partnerships." The concept of elected representation that holds the government accountable to the citizens will be eliminated.
Agenda 21 requires that by 2000, "All States...have designed and initiated costed and targeted national action programmes, and to have put in place appropriate institutional structures and legal instruments" to implement Agenda 21. The Clinton Administration responded, creating the President's Council on Sustainable Development which published its report entitled Sustainable America in 1996. Chapter 18 of Agenda 21 requires that all States implement integrated watershed management plans "for the protection and conservation of the potential sources of freshwater supply, including ... protection of mountain slopes and riverbanks and other relevant development and conservation activities."
The Clinton Administration eagerly took up the challenge. In the U.S. State Department's 1997 report on its progress to the U.N., the U.S. proudly stated, "Agenda 21 sets ambitious objectives [for the United States to] ... move toward integrated water resource management, a holistic approach that treats water resources as an integral part of the ecosystem." Among the many programs spawned by Sustainable America to fulfill the fresh water protection requirements of Agenda 21 include the American Heritage Rivers (AHRI), and the Clean Water (CWI) initiatives. Neither program was voted on by the U.S. Congress. Instead, they are being implemented through executive order....
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Stopping the Real Pests
It's great news that most Americans now identify themselves as environmentalists. Unfortunately, a small number have embraced environmentalism with religious fervor, basing their beliefs more on faith and dogma than on science and data.
Not unlike fundamentalists engaged in a jihad against unbelievers, these radical environmentalists pursue an agenda that has less to do with protection of the environment than with antipathy toward business, profits, and certain products and technologies. Ironically, their efforts to achieve their own narrow vision of what constitutes a "good society" often are inimical to protection of the environment -- a variation on the admission by Peanuts cartoon character Linus van Pelt, "I love humanity; it's people I can't stand."
For example, exploiting a technicality that links the Endangered Species Act (ESA) to pesticide registration, environmental groups have filed a spate of nuisance lawsuits that attempt to prevent the Environmental Protection Agency from registering or re-registering pesticides. These suits take advantage of a legal technicality that links pesticide registration to the Endangered Species Act (ESA). They allege that by failing to put in place a process for consultation with the federal agencies that administer the ESA -- the National Marine Fisheries Service and Fish & Wildlife Service -- before registering a pesticide, the EPA has not complied fully with the law. This in spite of the fact that the Fish & Wildlife Service's ESA Consultation Handbook makes it clear that "[t]he Services cannot force an action agency to consult."....
Democrats Dodge Campaign Finance Law with Environment 2004
Taking advantage of campaign finance laws that restrict direct contributions to political candidates but allow unrestricted contributions to “issues” advocacy, several former Clinton administration officials have begun raising money to target President George W. Bush’s environmental record during the upcoming election.
Referring to itself as “Environment 2004,” the new group consists of such Clinton notables as former EPA Administrator Carol Browner, former Interior Secretary Bruce Babbitt, and former Undersecretary of Global Affairs Frank Loy. Environment 2004 has so far raised $500,000 to attack the Bush environment record and has set a goal of raising $5 million by the November 2004 election.
According to the December 5 Chicago Tribune, “The organization is structured to take advantage of loopholes in campaign finance laws that allow independent interest groups to gather unlimited ‘soft money’ contributions that candidates and political parties are no longer allowed to accept.”....
Glacier National Park Ruling Voids Property Rights
However, in December 1999, the NPS sent McFarland an email informing him “that no one will drive park roads once they are closed to the public.” Though McFarland believes he has the right to use Glacier Route 7, he was willing to compromise. On January 6, 2000, he filed a special use permit application asking the NPS’s permission to use a vehicle or snowmobile to travel between his home and the Polebridge Ranger Station. On January 24, 2000, the NPS summarily denied that application.
McFarland sued. First, because he claims an easement in Glacier Route 7, with which the NPS interfered, he sued under the Quiet Title Act, by which Congress authorized landowners to get title to property to which the government asserts an adverse claim. Second, because the NPS arbitrarily and capriciously denied his special use permit, he sued under the Administrative Procedure Act (APA).
Recently, a Montana federal district court dismissed McFarland’s case. The court ruled he had filed beyond the Quiet Title Act’s 12-year statute of limitations, which, according to the district court, began to run in 1976 when the NPS restricted the general public’s ability to use Glacier Route 7 north of Polebridge Ranger Station. Though the NPS gave McFarland complete access to Glacier Route 7, he should have known, reasoned the court, that the NPS believed it could deny him that right. The court also dismissed the APA claim because the Quiet Title Act is “the exclusive means” of resolving property disputes. Both rulings are legally suspect and terrible public policy....
Want to know why “that dog won’t hunt”?
Congress passed a new law requiring that everyone in New York and California allow at least ten mice and two hundred cockroaches to live in their homes.
I am just kidding. Congress didn’t really do that, but wouldn’t it be fun, just for once, to let them know what if feels like to have other people dictate how to live? It will never happen, because “that dog won’t hunt” (an unworkable idea), any more than the prairie dog hunts.
Prairie dogs are proposed for listing under the endangered species act. They will receive additional attention this year, because Lewis and Clark “discovered” the prairie dog two hundred years ago. Lewis and Clark noted in their journal that the French called them “petite chien”, which means “small dog”.
Actually, the prairie dog is a rodent belonging to the same family as tree squirrels, chipmunks and ground squirrels (or as I call them “gophers”)....
The Terror of "Animal Rights"
The "animal rights" movement is celebrating its latest victory: an earlier, more painful death for future victims of Alzheimer's, Parkinson's, and Huntington's disease.
Thanks to intimidation by animal rights terrorists, Cambridge University has dropped plans to build a laboratory that would have conducted cutting-edge brain research on primates. According to *The Times* of London, animal-rights groups "had threatened to target the centre with violent protests ... and Cambridge decided that it could not afford the costs or danger to staff that this would involve."
The university had good reason to be afraid. At a nearby animal-testing company, Huntingdon Life Sciences, "protestors" have for several years attempted to shut down the company by threatening employees and associates, damaging their homes, firebombing their cars, even beating them severely....
Time To Cowboy Up on Extremists
Among the many excesses of radical environmentalism, few can match its unremitting opposition to genetically modified crops.
Led by groups such as Greenpeace, the radicals have displayed an astonishing callousness to suffering and starvation in the Third World, and an even more astonishing ability to impact political decisions there.
In the fall of 2002, Andrew S. Natsios, administrator of the U.S. Agency for Economic Development put it well. He was trying to ship maize to drought-stricken Zambia, where millions were in desperate need. But the Zambian government refused to distribute the maize because the Greenpeace-types had convinced them some of it might be genetically modified. Better to starve than take a chance on that, notwithstanding the fact there is no evidence GM maize represents any health hazard whatsoever. "They can play these games with Europeans, who have full stomachs, but it is revolting and despicable to see them do so when the lives of Africans are at stake," Natsios said....
Separating people from their water
Agenda 21 represents a major fundamental change in the role of government in social and land-use policy. Under its concept of sustainability, the primary purpose of government will no longer be to serve the people. Rather, the focus of Agenda 21 is to protect nature from people. Governance will be by consensus among "stakeholders and partnerships." The concept of elected representation that holds the government accountable to the citizens will be eliminated.
Agenda 21 requires that by 2000, "All States...have designed and initiated costed and targeted national action programmes, and to have put in place appropriate institutional structures and legal instruments" to implement Agenda 21. The Clinton Administration responded, creating the President's Council on Sustainable Development which published its report entitled Sustainable America in 1996. Chapter 18 of Agenda 21 requires that all States implement integrated watershed management plans "for the protection and conservation of the potential sources of freshwater supply, including ... protection of mountain slopes and riverbanks and other relevant development and conservation activities."
The Clinton Administration eagerly took up the challenge. In the U.S. State Department's 1997 report on its progress to the U.N., the U.S. proudly stated, "Agenda 21 sets ambitious objectives [for the United States to] ... move toward integrated water resource management, a holistic approach that treats water resources as an integral part of the ecosystem." Among the many programs spawned by Sustainable America to fulfill the fresh water protection requirements of Agenda 21 include the American Heritage Rivers (AHRI), and the Clean Water (CWI) initiatives. Neither program was voted on by the U.S. Congress. Instead, they are being implemented through executive order....
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Thursday, February 12, 2004
NEWS ROUNDUP
Expert: Tahoe faces same fire threat as Southern California They urged more intensive logging and thinning of forests miles away from residential areas. "That's where the fires come roaring into communities from," said Bonnicksen, an expert on California forests who has testified before Congress for more than a decade in support of increased logging on federal lands. "These flames are 200-feet tall, burning at 2,000 degrees, moving at sometimes a mile a minute," he said. Some large trees will have to be cut as well as underbrush, Bonnicksen said. He criticized Forest Service restrictions putting most trees larger than 30 inches in diameter off limits to logging under the agency's latest plan for the Sierra Nevada.... Drilling expansion looming for southern Colorado Drilling could begin as early as next February on the first of 300 coal-bed methane gas wells in the northern half of the San Juan Basin, a Forest Service official says. Mark Stiles, supervisor of the San Juan National Forest, based his prediction on the expected May release of a draft environmental study of coal-bed methane gas development in La Plata and Archuleta counties. The basin itself straddles New Mexico and Colorado. It is the nation's No. 1 producer of gas from coal beds, with 20,000 wells and nearly 10,000 more planned in New Mexico over the next two decades.... Column: Sierra Club Old Guard Revives McCarthyism Most Americans remember the McCarthy era as a lesson - not to be repeated. Apparently the moral from those bleak days was lost on thirteen former presidents of the national Sierra Club, who are interfering with this year’s election for the Board of Directors. There are two types of candidates in Sierra Club elections: internally-selected candidates called, “nominating committee candidates” and candidates who get members’ signatures on a petition, abiding by all the rules in a grassroots, democratic process called, “petition candidates.” The thirteen former presidents, who are part of the old guard within the Club, put the bureaucratic, self-perpetuation of the Club above environmental protection. Their work appears on a website called Groundswell Sierra, giving new life to the dictionary definition of "McCarthyism." The main target of these McCarthyite tactics is a faction of Sierra Club members called SUSPS (formerly known as Sierrans for U.S. Population Stabilization), whose followers believe that limiting US immigration will stabilize population levels, thereby protecting the environment.... Wyoming rancher pleads guilty to poisoning prairie dogs on BLM lands A Wyoming rancher whose property extends into Powder River County in Montana admitted through his attorney Wednesday to illegally poisoning prairie dogs on federal land. Prairie dogs are a candidate species for federal protection under the Endangered Species Act. Billings attorney Kelly Varnes entered a guilty plea to the misdemeanor on behalf of Stanford M. Clinton Jr., of Recluse, Wyo., who owns the Three Bar Ranch in Wyoming and Montana. Clinton was charged with unauthorized range treatment on Bureau of Land Management lands and faces a maximum sentence of a year in prison and a $100,000 fine.... Senate balks at wolf law changes The Wyoming Senate on Thursday refused to introduce a bill aimed at changing the state's wolf management law to meet federal government requirements for taking the beast off the Endangered Species List and turning management over to the states. The Senate voted 15-12 in favor of introducing the bill, with three senators excused. The bill fell five votes shy of the two-thirds required for introduction.... Wyoming House votes to yield to feds on wolf management Members of the Wyoming state House voted Thursday to consider a bill that would yield to federal demands that gray wolves be protected throughout the state, but angry state senators refused. Working to avoid a court battle over wolf management, the House voted 51-8 to consider a measure revising the state management plan to conform to federal demands. But an identical proposal failed in the Senate 15-12, as opponents fumed at the last minute rejection of the Wyoming's original state plan by the U.S. Fish and Wildlife Service.... Column: How broken is it? It's much the same no matter where we look at ecological zeal. For example, in the last 30 years, fewer than 30 of 1,000 species listed under the Endangered Species Act as endangered or threatened have been taken off the list. That's a 97 percent failure rate for ESA. During the 1970-2000 time period, air quality improved dramatically. Our population increased 38 percent; energy consumption exceeded that growth; and the economy exploded by an inflation-adjusted 158 percent. Yet in the face of such increases, lead, particulates, smog, sulfur dioxide and carbon monoxide levels all declined, according to the EPA.... Bush guts silvery minnow money The Bush administration's commitment to helping New Mexico solve its Rio Grande water problems came into question at a Senate Energy Committee hearing today. The president's 2005 budget includes only about $5 million to restore habitat for the endangered silvery minnow, $9.5 million less than this year's appropriation, said Sen. Jeff Bingaman, a Silver City Democrat.... Interior secretary says she’ll consider Domenici’s minnow plan Interior Secretary Gale Norton says she’ll give serious consideration to New Mexico Senator Pete Domenici’s proposal to help the endangered silvery minnow by “taking the fish to the water.” The minnow’s primary habitat is the Rio Grande south of Albuquerque. It’s an area that sometimes runs dry, and for its survival, the fish requires water diversions from farmers and towns. Domenici and Sandia Pueblo Governor Stewart Paisano have asked the Interior Department to consider a proposal to relocate the fish further upstream to parts of the river that have more regular flows. They have also proposed sanctuaries for the fish on tribal lands north of Albuquerque....Group appeals latest sled decision A conservation group says it will appeal a Wyoming federal judge's decision to allow more snowmobiles into Yellowstone and Grand Teton national parks to the 10th U.S. Circuit Court of Appeals. In papers filed in U.S. District Court for the District of Columbia, the Greater Yellowstone Coalition said it will ask Judge Clarence Brimmer of Wyoming to suspend his order until the appeal is decided.... Ex-Park Service execs oppose oil leasing plan Former National Park Service executives are speaking out against a plan to sell fossil-fuel leases next door to a renowned fossil preserve. Today, the Colorado office of the U.S. Bureau of Land Management is scheduled to auction 27 parcels of land south of Dinosaur National Monument for oil and gas leasing. Next week, the BLM's Utah office plans to lease 28 parcels totaling about 12,000 acres around the western leg of the monument. Half of those parcels are in areas that environmentalists are trying to set aside as federally protected wilderness areas. The auctions -- which come three months after the BLM offered leases in parts of the Book Cliffs once considered by the agency for wilderness -- have fueled continued outrage from a growing number of environmental groups, outdoor recreation interests and now Park Service employees.... Nevada gov won't sue BLM over horses Governor Guinn says he came away from a weekend meeting with Interior Secretary Gale Norton convinced that she'll take steps to thin the herds of wild horses in Nevada. As a result, Guinn has decided to reject a state Wildlife Commission recommendation that he sue the federal Bureau of Land Management for mismanaging the state's 18,000 wild horses and burros. Guinn saysd Norton is trying to get money to carry out additional wild horse roundups this year, and the BLM is seeking a big budget increase next year. Despite Guinn's optimism, Nevada Senator Harry Reid says a Bush administration plan to shift money from other programs into the wild horse program is "dead on arrival.''.... NYT Editorial: An Enemy of the Environment The Bush administration has a troubling record of putting lobbyists in influential positions in the executive branch. Now it is taking the practice a step further by nominating a longtime lawyer and lobbyist for the mining and cattle industries, William Myers III, to an important judgeship. His extreme views on the environment, his hard-edged ideological approach to the law and his close ties to industries whose cases he would be deciding make Mr. Myers unqualified to be an appeals court judge. Until recently, Mr. Myers was the chief legal officer in the Interior Department. Before that, he was a mining industry lawyer and lobbyist and, earlier still, the director of federal lands for the National Cattlemen's Beef Association. A partisan advocate for the interests of the industries he represented, as well as a harsh critic of environmental protections, Mr. Myers regularly took positions that, though legally insupportable, would have had a devastating impact on the environment. He argued in one Supreme Court case that Congress does not have the power under the Constitution to protect wetlands. He also demonstrated a lack of judicial temperament, at one point comparing federal land management to "the tyrannical actions of King George in levying taxes" on the American colonies.... Agriculture groups plan to appeal ban on pesticide spraying A coalition of nearly 40 agriculture and pesticide groups plans to appeal a federal judicial ban on spraying certain pesticides near Pacific Northwest salmon waterways, an industry spokeswoman said. The groups, mostly from the Northwest, will file an appeal and a motion to stay the ban within the next week or two, said Corinne Simon of CropLife America, a pesticide trade association based in Washington, D.C.... Yellowstone Elk Die Early from Excessive Fluoride Elk that graze near the hot pools and geysers of Yellowstone National Park are dying about five years earlier than elk that live elsewhere in the park, says Robert Garrott, ecology professor at Montana State University-Bozeman. Blame it on fluoride. Fluoride is found naturally in the park, and elk take it in every time they eat and drink in the geothermal areas, said Garrott who is heading an ongoing study of the relationship between fluoride and early elk deaths. That's especially the case during the winter when the elk escape deep snow by congregating around the hot pools.... Experts strive to save mule deer habitat across West Wildlife biologists are mapping mule deer habitat from Mexico to Canada and identifying specific regional problems to try to stem the deer's decline across the West. An estimated 2.3 million mule deer roamed the diverse landscape stretching from the Pacific Coast to the Great Plains and the deserts of the Southwest to the mountainous terrain of the Northwest Territories in the 1950s and '60s, but their numbers have dropped sharply, the biologists reported. The Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies hopes to reverse the trend by identifying and mapping habitat and recommending how best to manage it. Salmon advocates ask farmers to lease water Idaho Rivers United is asking farmers to lease water to the Bureau of Reclamation so it meets its goal for increasing flows in the Snake River to aid salmon migration. Already the bureau has leased 86,000 acre feet of water. With other water it already controls, the federal agency is only 100,000 acre feet below its goal of 427,000 acre feet of water. "The water situation looks a lot better, and we're sensing a lot of interest from irrigators in leasing water this year," said Diana Cross, a bureau spokeswoman. Idaho Rivers United is one of three groups that have sued the federal government claiming dam operations on the Snake River in Idaho are illegal.... Explosions rock canyon for river restoration Blasting that started in December continues in the American River canyon, with two back-to-back charges ripping through the temporary stillness of the Placer County Water Agency permanent pump and river restoration project site Wednesday. Wednesday’s explosion was part of a $17 million effort to prepare the site of the long-delayed Auburn dam for recreational use while building the agency’s long-awaited, year-round water hook-up from the American River to rapidly growing western Placer County.... Area farmers hurt by lack of water Clint pecan farmer Guadalupe Ramirez is trying to find ways to keep his business alive through another irrigation season that won't be significantly helped by snowpack runoff from the mountains in southern Colorado and New Mexico. Forecasters are estimating that farmers will receive about 56 percent of a full supply of water in 2004. Ramirez was one of many farmers in the area who in 2003 received only 34 percent of a full supply of water for irrigation. It was the first time in 25 years that farmers did not receive a full supply, said Wayne Treers, a hydraulic engineer with the U.S. Bureau of Reclamation in El Paso. Ricardo Bejarano, water master for Elephant Butte Irrigation District in Las Cruces, said the water allocation last year was 8 inches per acre, down from the normal of 3 feet per acre. "The figure for this year may be a little better, but not that much," he said.... S.D. House passes bill that would restrict game wardens' access to private property Under a bill passed by the South Dakota House of Representatives on Thursday, state conservation officers would need landowner permission to enter private land to detain hunters if there isn't an outward sign of wrongdoing. HB1258 addresses what is known as the open fields doctrine. Under that doctrine, established through a series of court rulings, state Game, Fish & Parks officers may freely enter private land to request that a hunter produce a hunting license or to check if a hunter has exceeded the legal limit of animals killed. HB1258 would require those officers to get the permission of the landowner before doing that. The officer would not need that permission if he or she observed anything suspicious or was tipped off to illegal activity.... Beef checkoff ruling to go to U.S. Supreme Court A group of Nebraska cattle producers and the U.S. Justice Department will ask the nation's highest court to review a ruling that found a national beef checkoff program is unconstitutional. The appeal will be filed this week, said Greg Ruehle, executive vice president of Nebraska Cattlemen. The case stems from a July decision by the 8th U.S. Circuit Court of Appeals that American beef producers do not have to pay a $1-per-head fee on cattle sold in the United States. The appeals court affirmed a 2002 decision by U.S. District Judge Charles Kornmann of Aberdeen, S.D., that the mandatory program violates the constitutional rights of cattle ranchers by infringing on their First Amendment right to free speech.... Water districts rescue West Texas The threat of outsiders to underground water in West Texas is real, and came as a wakeup call when news of a water mining lease between Rio Nuevo and the General Land Office on state-owned land made headlines last October. It is compounded by the fact that it's not just state-owned land that interests Rio Nuevo and others. Private land is also threatened by money-making deals for ranchers in exchange for water from their underground water resources. If West Texans have any chance to limit the impact on underground water, they then have to control who, when and where water can be produced and/or exported. This control can be found through local underground water districts.... Limit on land easements rejected Legislators were in no mood Wednesday to limit the length of conservation easements that place certain restrictions on the future use of land. Opponents of HB1194, which failed 18-50 in the state House, argued that government should not interfere with the rights of property owners. Easements typically are granted by landowners to the federal government or conservation groups, ensuring that the land will be preserved as open space that will not become speckled with businesses or homes. Landowners may donate easements or get paid for them. The bill would have limited future conservation easements to 99 years. It initially contained a 30-year limit, but Rep. Jim Lintz, R-Hermosa, asked the House for the longer period Wednesday.... Lawmakers propose mandatory US animal ID system The Agriculture Department would be given $175 million to quickly launch a mandatory U.S. livestock identification system, three farm-state lawmakers proposed in a House bill on Tuesday. The system would be used to combat outbreaks of foodborne disease, such as mad cow or foot and mouth disease, by tracking down suspect animals and their herd mates, the lawmakers said. Their bill would give USDA 90 days to establish a nationwide, electronic livestock identification system that could track farm-raised animals, such as cattle, hogs, sheep and poultry, from birth to slaughter.... Famed photographer to show off work today Celebrated photographer Bob Moorhouse will ride into town with the annual Texoma Farm & Ranch show this year. "These are photos I've taken on the Pitchfork Ranch," Moorhouse said. "Things I see that I want to preserve or natural settings I want to keep." Moorhouse's art is a byproduct of his work as vice president and general manager of the Pitchfork Land and Cattle Co. of Guthrie and Benjamin and of Eskridge, Kan. Besides presenting slides and commentary, Moorhouse will be on hand to autograph his recently published book "Pitchfork Country: The Photography of Bob Moorhouse.".... Western Writers of America Hooks Up With Festival of the West Western Writers of America joins the National Festival of the West at Westworld March 18-21 in celebration of the literature of the American West. More than 20 WWA members will be on hand to talk about their craft and sign books. Festival of the West, in its 14th year, is the country's largest celebration of the Old West and the American Cowboy. This will be the first time the nonprofit WWA, which has approximately 600 members and was founded in 1953 to promote and recognize Western literature, has been part of the festival....
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Expert: Tahoe faces same fire threat as Southern California They urged more intensive logging and thinning of forests miles away from residential areas. "That's where the fires come roaring into communities from," said Bonnicksen, an expert on California forests who has testified before Congress for more than a decade in support of increased logging on federal lands. "These flames are 200-feet tall, burning at 2,000 degrees, moving at sometimes a mile a minute," he said. Some large trees will have to be cut as well as underbrush, Bonnicksen said. He criticized Forest Service restrictions putting most trees larger than 30 inches in diameter off limits to logging under the agency's latest plan for the Sierra Nevada.... Drilling expansion looming for southern Colorado Drilling could begin as early as next February on the first of 300 coal-bed methane gas wells in the northern half of the San Juan Basin, a Forest Service official says. Mark Stiles, supervisor of the San Juan National Forest, based his prediction on the expected May release of a draft environmental study of coal-bed methane gas development in La Plata and Archuleta counties. The basin itself straddles New Mexico and Colorado. It is the nation's No. 1 producer of gas from coal beds, with 20,000 wells and nearly 10,000 more planned in New Mexico over the next two decades.... Column: Sierra Club Old Guard Revives McCarthyism Most Americans remember the McCarthy era as a lesson - not to be repeated. Apparently the moral from those bleak days was lost on thirteen former presidents of the national Sierra Club, who are interfering with this year’s election for the Board of Directors. There are two types of candidates in Sierra Club elections: internally-selected candidates called, “nominating committee candidates” and candidates who get members’ signatures on a petition, abiding by all the rules in a grassroots, democratic process called, “petition candidates.” The thirteen former presidents, who are part of the old guard within the Club, put the bureaucratic, self-perpetuation of the Club above environmental protection. Their work appears on a website called Groundswell Sierra, giving new life to the dictionary definition of "McCarthyism." The main target of these McCarthyite tactics is a faction of Sierra Club members called SUSPS (formerly known as Sierrans for U.S. Population Stabilization), whose followers believe that limiting US immigration will stabilize population levels, thereby protecting the environment.... Wyoming rancher pleads guilty to poisoning prairie dogs on BLM lands A Wyoming rancher whose property extends into Powder River County in Montana admitted through his attorney Wednesday to illegally poisoning prairie dogs on federal land. Prairie dogs are a candidate species for federal protection under the Endangered Species Act. Billings attorney Kelly Varnes entered a guilty plea to the misdemeanor on behalf of Stanford M. Clinton Jr., of Recluse, Wyo., who owns the Three Bar Ranch in Wyoming and Montana. Clinton was charged with unauthorized range treatment on Bureau of Land Management lands and faces a maximum sentence of a year in prison and a $100,000 fine.... Senate balks at wolf law changes The Wyoming Senate on Thursday refused to introduce a bill aimed at changing the state's wolf management law to meet federal government requirements for taking the beast off the Endangered Species List and turning management over to the states. The Senate voted 15-12 in favor of introducing the bill, with three senators excused. The bill fell five votes shy of the two-thirds required for introduction.... Wyoming House votes to yield to feds on wolf management Members of the Wyoming state House voted Thursday to consider a bill that would yield to federal demands that gray wolves be protected throughout the state, but angry state senators refused. Working to avoid a court battle over wolf management, the House voted 51-8 to consider a measure revising the state management plan to conform to federal demands. But an identical proposal failed in the Senate 15-12, as opponents fumed at the last minute rejection of the Wyoming's original state plan by the U.S. Fish and Wildlife Service.... Column: How broken is it? It's much the same no matter where we look at ecological zeal. For example, in the last 30 years, fewer than 30 of 1,000 species listed under the Endangered Species Act as endangered or threatened have been taken off the list. That's a 97 percent failure rate for ESA. During the 1970-2000 time period, air quality improved dramatically. Our population increased 38 percent; energy consumption exceeded that growth; and the economy exploded by an inflation-adjusted 158 percent. Yet in the face of such increases, lead, particulates, smog, sulfur dioxide and carbon monoxide levels all declined, according to the EPA.... Bush guts silvery minnow money The Bush administration's commitment to helping New Mexico solve its Rio Grande water problems came into question at a Senate Energy Committee hearing today. The president's 2005 budget includes only about $5 million to restore habitat for the endangered silvery minnow, $9.5 million less than this year's appropriation, said Sen. Jeff Bingaman, a Silver City Democrat.... Interior secretary says she’ll consider Domenici’s minnow plan Interior Secretary Gale Norton says she’ll give serious consideration to New Mexico Senator Pete Domenici’s proposal to help the endangered silvery minnow by “taking the fish to the water.” The minnow’s primary habitat is the Rio Grande south of Albuquerque. It’s an area that sometimes runs dry, and for its survival, the fish requires water diversions from farmers and towns. Domenici and Sandia Pueblo Governor Stewart Paisano have asked the Interior Department to consider a proposal to relocate the fish further upstream to parts of the river that have more regular flows. They have also proposed sanctuaries for the fish on tribal lands north of Albuquerque....Group appeals latest sled decision A conservation group says it will appeal a Wyoming federal judge's decision to allow more snowmobiles into Yellowstone and Grand Teton national parks to the 10th U.S. Circuit Court of Appeals. In papers filed in U.S. District Court for the District of Columbia, the Greater Yellowstone Coalition said it will ask Judge Clarence Brimmer of Wyoming to suspend his order until the appeal is decided.... Ex-Park Service execs oppose oil leasing plan Former National Park Service executives are speaking out against a plan to sell fossil-fuel leases next door to a renowned fossil preserve. Today, the Colorado office of the U.S. Bureau of Land Management is scheduled to auction 27 parcels of land south of Dinosaur National Monument for oil and gas leasing. Next week, the BLM's Utah office plans to lease 28 parcels totaling about 12,000 acres around the western leg of the monument. Half of those parcels are in areas that environmentalists are trying to set aside as federally protected wilderness areas. The auctions -- which come three months after the BLM offered leases in parts of the Book Cliffs once considered by the agency for wilderness -- have fueled continued outrage from a growing number of environmental groups, outdoor recreation interests and now Park Service employees.... Nevada gov won't sue BLM over horses Governor Guinn says he came away from a weekend meeting with Interior Secretary Gale Norton convinced that she'll take steps to thin the herds of wild horses in Nevada. As a result, Guinn has decided to reject a state Wildlife Commission recommendation that he sue the federal Bureau of Land Management for mismanaging the state's 18,000 wild horses and burros. Guinn saysd Norton is trying to get money to carry out additional wild horse roundups this year, and the BLM is seeking a big budget increase next year. Despite Guinn's optimism, Nevada Senator Harry Reid says a Bush administration plan to shift money from other programs into the wild horse program is "dead on arrival.''.... NYT Editorial: An Enemy of the Environment The Bush administration has a troubling record of putting lobbyists in influential positions in the executive branch. Now it is taking the practice a step further by nominating a longtime lawyer and lobbyist for the mining and cattle industries, William Myers III, to an important judgeship. His extreme views on the environment, his hard-edged ideological approach to the law and his close ties to industries whose cases he would be deciding make Mr. Myers unqualified to be an appeals court judge. Until recently, Mr. Myers was the chief legal officer in the Interior Department. Before that, he was a mining industry lawyer and lobbyist and, earlier still, the director of federal lands for the National Cattlemen's Beef Association. A partisan advocate for the interests of the industries he represented, as well as a harsh critic of environmental protections, Mr. Myers regularly took positions that, though legally insupportable, would have had a devastating impact on the environment. He argued in one Supreme Court case that Congress does not have the power under the Constitution to protect wetlands. He also demonstrated a lack of judicial temperament, at one point comparing federal land management to "the tyrannical actions of King George in levying taxes" on the American colonies.... Agriculture groups plan to appeal ban on pesticide spraying A coalition of nearly 40 agriculture and pesticide groups plans to appeal a federal judicial ban on spraying certain pesticides near Pacific Northwest salmon waterways, an industry spokeswoman said. The groups, mostly from the Northwest, will file an appeal and a motion to stay the ban within the next week or two, said Corinne Simon of CropLife America, a pesticide trade association based in Washington, D.C.... Yellowstone Elk Die Early from Excessive Fluoride Elk that graze near the hot pools and geysers of Yellowstone National Park are dying about five years earlier than elk that live elsewhere in the park, says Robert Garrott, ecology professor at Montana State University-Bozeman. Blame it on fluoride. Fluoride is found naturally in the park, and elk take it in every time they eat and drink in the geothermal areas, said Garrott who is heading an ongoing study of the relationship between fluoride and early elk deaths. That's especially the case during the winter when the elk escape deep snow by congregating around the hot pools.... Experts strive to save mule deer habitat across West Wildlife biologists are mapping mule deer habitat from Mexico to Canada and identifying specific regional problems to try to stem the deer's decline across the West. An estimated 2.3 million mule deer roamed the diverse landscape stretching from the Pacific Coast to the Great Plains and the deserts of the Southwest to the mountainous terrain of the Northwest Territories in the 1950s and '60s, but their numbers have dropped sharply, the biologists reported. The Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies hopes to reverse the trend by identifying and mapping habitat and recommending how best to manage it. Salmon advocates ask farmers to lease water Idaho Rivers United is asking farmers to lease water to the Bureau of Reclamation so it meets its goal for increasing flows in the Snake River to aid salmon migration. Already the bureau has leased 86,000 acre feet of water. With other water it already controls, the federal agency is only 100,000 acre feet below its goal of 427,000 acre feet of water. "The water situation looks a lot better, and we're sensing a lot of interest from irrigators in leasing water this year," said Diana Cross, a bureau spokeswoman. Idaho Rivers United is one of three groups that have sued the federal government claiming dam operations on the Snake River in Idaho are illegal.... Explosions rock canyon for river restoration Blasting that started in December continues in the American River canyon, with two back-to-back charges ripping through the temporary stillness of the Placer County Water Agency permanent pump and river restoration project site Wednesday. Wednesday’s explosion was part of a $17 million effort to prepare the site of the long-delayed Auburn dam for recreational use while building the agency’s long-awaited, year-round water hook-up from the American River to rapidly growing western Placer County.... Area farmers hurt by lack of water Clint pecan farmer Guadalupe Ramirez is trying to find ways to keep his business alive through another irrigation season that won't be significantly helped by snowpack runoff from the mountains in southern Colorado and New Mexico. Forecasters are estimating that farmers will receive about 56 percent of a full supply of water in 2004. Ramirez was one of many farmers in the area who in 2003 received only 34 percent of a full supply of water for irrigation. It was the first time in 25 years that farmers did not receive a full supply, said Wayne Treers, a hydraulic engineer with the U.S. Bureau of Reclamation in El Paso. Ricardo Bejarano, water master for Elephant Butte Irrigation District in Las Cruces, said the water allocation last year was 8 inches per acre, down from the normal of 3 feet per acre. "The figure for this year may be a little better, but not that much," he said.... S.D. House passes bill that would restrict game wardens' access to private property Under a bill passed by the South Dakota House of Representatives on Thursday, state conservation officers would need landowner permission to enter private land to detain hunters if there isn't an outward sign of wrongdoing. HB1258 addresses what is known as the open fields doctrine. Under that doctrine, established through a series of court rulings, state Game, Fish & Parks officers may freely enter private land to request that a hunter produce a hunting license or to check if a hunter has exceeded the legal limit of animals killed. HB1258 would require those officers to get the permission of the landowner before doing that. The officer would not need that permission if he or she observed anything suspicious or was tipped off to illegal activity.... Beef checkoff ruling to go to U.S. Supreme Court A group of Nebraska cattle producers and the U.S. Justice Department will ask the nation's highest court to review a ruling that found a national beef checkoff program is unconstitutional. The appeal will be filed this week, said Greg Ruehle, executive vice president of Nebraska Cattlemen. The case stems from a July decision by the 8th U.S. Circuit Court of Appeals that American beef producers do not have to pay a $1-per-head fee on cattle sold in the United States. The appeals court affirmed a 2002 decision by U.S. District Judge Charles Kornmann of Aberdeen, S.D., that the mandatory program violates the constitutional rights of cattle ranchers by infringing on their First Amendment right to free speech.... Water districts rescue West Texas The threat of outsiders to underground water in West Texas is real, and came as a wakeup call when news of a water mining lease between Rio Nuevo and the General Land Office on state-owned land made headlines last October. It is compounded by the fact that it's not just state-owned land that interests Rio Nuevo and others. Private land is also threatened by money-making deals for ranchers in exchange for water from their underground water resources. If West Texans have any chance to limit the impact on underground water, they then have to control who, when and where water can be produced and/or exported. This control can be found through local underground water districts.... Limit on land easements rejected Legislators were in no mood Wednesday to limit the length of conservation easements that place certain restrictions on the future use of land. Opponents of HB1194, which failed 18-50 in the state House, argued that government should not interfere with the rights of property owners. Easements typically are granted by landowners to the federal government or conservation groups, ensuring that the land will be preserved as open space that will not become speckled with businesses or homes. Landowners may donate easements or get paid for them. The bill would have limited future conservation easements to 99 years. It initially contained a 30-year limit, but Rep. Jim Lintz, R-Hermosa, asked the House for the longer period Wednesday.... Lawmakers propose mandatory US animal ID system The Agriculture Department would be given $175 million to quickly launch a mandatory U.S. livestock identification system, three farm-state lawmakers proposed in a House bill on Tuesday. The system would be used to combat outbreaks of foodborne disease, such as mad cow or foot and mouth disease, by tracking down suspect animals and their herd mates, the lawmakers said. Their bill would give USDA 90 days to establish a nationwide, electronic livestock identification system that could track farm-raised animals, such as cattle, hogs, sheep and poultry, from birth to slaughter.... Famed photographer to show off work today Celebrated photographer Bob Moorhouse will ride into town with the annual Texoma Farm & Ranch show this year. "These are photos I've taken on the Pitchfork Ranch," Moorhouse said. "Things I see that I want to preserve or natural settings I want to keep." Moorhouse's art is a byproduct of his work as vice president and general manager of the Pitchfork Land and Cattle Co. of Guthrie and Benjamin and of Eskridge, Kan. Besides presenting slides and commentary, Moorhouse will be on hand to autograph his recently published book "Pitchfork Country: The Photography of Bob Moorhouse.".... Western Writers of America Hooks Up With Festival of the West Western Writers of America joins the National Festival of the West at Westworld March 18-21 in celebration of the literature of the American West. More than 20 WWA members will be on hand to talk about their craft and sign books. Festival of the West, in its 14th year, is the country's largest celebration of the Old West and the American Cowboy. This will be the first time the nonprofit WWA, which has approximately 600 members and was founded in 1953 to promote and recognize Western literature, has been part of the festival....
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Catron sheriff won't block removal of cattle
Catron County Sheriff Cliff Snyder may have changed his mind about trying to block the removal of unauthorized cattle from the Diamond Bar Allotment in the Gila National Forest.
District Ranger Annette Chavez and other forest managers reportedly spoke with Snyder on Tuesday.
The officials "sincerely felt Sheriff Snyder expressed no indication there would be any interference from the Catron County Sheriff's Department concerning the livestock removal," Andrea Martinez, public-affairs officer for the forest, said this morning.
"Our relationship with Catron County and the sheriff is very important to us," she added. "Our intent is to continue cooperation and communications with (them), especially during the development of the Diamond Bar livestock removal-impoundment activities."
Snyder has not returned calls from the Daily Press.
In a Feb. 4 letter to federal officials, he vowed to prevent shipment of the cattle out of Catron County. He cited several state statutes that he said supported his position.
Clint Wellborn, the 7th Judicial District attorney, responded the next day with a letter to Snyder, warning him that federal marshals would arrest anyone interfering with the impoundment.
The cattle removal, which Martinez said will take place in mid-February, is a result of a court order in which a judge determined that ranchers Kit and Sherry Laney are running unauthorized cattle on the allotment.
The Laneys have argued they have surface rights on the parcel because of their historic use of the land, predating creation of the Forest Service and wilderness areas.
At 8 a.m. today, an area closure went into effect. Nonresidents may not use Forest Road 150 (the North Star Mesa road) on forest land south of Wall Lake and north of the south rim of Rocky Canyon.
The 147,000-acre Diamond Bar Allotment, as well as several forest trails, also are closed to the public.
Maps of the area are available at district ranger offices. The closure "will be reviewed on a regular basis to determine its usefulness," Martinez wrote.
Private-land owners are allowed to travel to and from their properties.
Permalink
Catron County Sheriff Cliff Snyder may have changed his mind about trying to block the removal of unauthorized cattle from the Diamond Bar Allotment in the Gila National Forest.
District Ranger Annette Chavez and other forest managers reportedly spoke with Snyder on Tuesday.
The officials "sincerely felt Sheriff Snyder expressed no indication there would be any interference from the Catron County Sheriff's Department concerning the livestock removal," Andrea Martinez, public-affairs officer for the forest, said this morning.
"Our relationship with Catron County and the sheriff is very important to us," she added. "Our intent is to continue cooperation and communications with (them), especially during the development of the Diamond Bar livestock removal-impoundment activities."
Snyder has not returned calls from the Daily Press.
In a Feb. 4 letter to federal officials, he vowed to prevent shipment of the cattle out of Catron County. He cited several state statutes that he said supported his position.
Clint Wellborn, the 7th Judicial District attorney, responded the next day with a letter to Snyder, warning him that federal marshals would arrest anyone interfering with the impoundment.
The cattle removal, which Martinez said will take place in mid-February, is a result of a court order in which a judge determined that ranchers Kit and Sherry Laney are running unauthorized cattle on the allotment.
The Laneys have argued they have surface rights on the parcel because of their historic use of the land, predating creation of the Forest Service and wilderness areas.
At 8 a.m. today, an area closure went into effect. Nonresidents may not use Forest Road 150 (the North Star Mesa road) on forest land south of Wall Lake and north of the south rim of Rocky Canyon.
The 147,000-acre Diamond Bar Allotment, as well as several forest trails, also are closed to the public.
Maps of the area are available at district ranger offices. The closure "will be reviewed on a regular basis to determine its usefulness," Martinez wrote.
Private-land owners are allowed to travel to and from their properties.
Permalink
NEWS ROUNDUP
Officials hope to have prairie dogs removed from threatened species consideration South Dakota has nearly double the number of prairie dogs that officials earlier believed, providing ammunition for efforts to get the animal dropped from the threatened species candidate list. An aerial survey has found 6,300 prairie dog towns occupying 327,500 acres in South Dakota, according to George Vandel, the top biologist for the state Game, Fish & Parks Department. The survey has not been completed on another 1,000 dog towns in Dewey and Corson counties because of weather and other problems, Vandel said. "We are going to be close to 400,000 acres when we get all done," Vandel said this week.... Lack of Awareness to Blame for Avalanche Deaths There is no trend in the snow sports industry as hot, no buzz or vibe more ringing and relished, than the pursuit of the backcountry experiences on skis, snowboards, snowmobiles and snowshoes. Leaving designated ski areas for the largely unexplored is so common, one wonders how much longer the backcountry can remain unexplored. Although the number of avalanche fatalities in the United States in the 1980's was approximately 15 annually, that number has doubled, on average, in the last five years. More people are now killed on public land by avalanches, avalanche researchers report, than by any other natural event, including lightning, fires or tornados. Last year, the Forest Service National Avalanche Center says, 30 people were killed in avalanches in the United States and another 28 died in Canada. Half were backcountry skiers or snowboarders, most of the rest were on snowmobiles.... Sheepish Delbert Chipman had been part of Utah County's growing sheep business for as long as he could remember. It was the flocks of Chipman and Adams sheep and herds of beef cattle that brought his family to settle along the American Fork Creek in 1850. The economy of Utah is spurred on by one of theoldest and most productive industries in the state - sheep raising.... Major land conservation effort awaits federal funds Five Humboldt County properties will remain working ranches while their 17,000 acres are protected from development in a major new conservation effort. The North Coast Regional Land Trust and the national Trust for Public Land have been developing the Six Rivers to the Sea Project since June 2002. They now await $2.8 million through the U.S. Forest Service Federal Forest Legacy, contained in President Bush's 2005 budget, which will fund the lion's share of the project.... Boldt Decision 'very much alive' 30 years later Hailed by some legal experts as the most significant ruling on Native treaty law in the past century, U.S. District Judge George Boldt's ruling held that the United States' mid-1850s treaties with Washington tribes provided that Indians always were entitled to half the salmon and steelhead harvest in their traditional fishing grounds off reservations. Boldt ruled that Washington state virtually had no authority over tribal fishing; in fact, it was the tribes that ceded to non-Indian settlers the rights to fish -- not the other way around. The decision also would instate tribes as "co-managers" with the state over Washington's salmon fisheries resources. For sport and commercial fishermen, Boldt's ruling amounted to blasphemy -- "special rights," they argued, that afforded a group making up less than 1 percent of Washington's population far too large a slice of the fisheries pie.... Oceans in peril: 'We have to change course,' say scientists The first new federal study of oceans in 35 years will suggest we did so, with alarming efficiency. Next month, a report from a panel appointed by President Bush is expected to paint a stark picture of oceans in trouble, and will call for sweeping new oversight measures to reverse decades of ecological decline in marine waters.... Lawmaker proposes avoiding fight over wolves A leading state lawmaker said Wednesday he will sponsor a measure adopting the federal government's stance on wolf management in Wyoming and allowing the process of removing federal protections for endangered wolves to go forward. "I've made a commitment that I will bring a bill that will yield to the federal position," Rep. Mike Baker, R-Thermopolis, told The Associated Press following a meeting between his legislative committee and U.S. Fish and Wildlife Service Director Steve Williams. Baker said he is sponsoring the bill in an attempt to break a logjam over the state's plan to manage wolves once they are removed from the federal Endangered Species List.... Wolf delisting two years away at best, Williams says If Wyoming conformed today with a wolf management plan acceptable to the U.S. Fish and Wildlife Service, and no bureaucratic hassles arise, the soonest wolf delisting could occur would be about two years from now, USFWS Director Steve Williams said Wednesday. Williams met with the House Travel, Recreation, Wildlife and Cultural Resources Committee to listen to its members and explain further why the Fish and Wildlife Service has rejected the state's plan to manage gray wolves.... Supervisor: Mohave Co. being denied tax base Buster Johnson is seeking a resolution that would make the federal government reimburse the county for a loss of property tax revenue. He said federal agencies, such as the Bureau of Land Management, is buying or trading land with private owners, causing the county a loss in tax revenue. Over the past four years, Johnson said the county has lost more than 8,500 acres to the federal government, while the state has lost more than 106,000. He said those numbers were put together by a consultant for the Quad State County Government Coalition, an organization Johnson belongs to. In a lot of cases, Johnson said the swapping and buying is being done in conservation efforts to protect endangered species. “There are more land trades (with the BLM) and also more threats of making people give up land for endangered species,” Johnson said. “These businesses will give up the land. That takes it off the tax rolls for us.” Johnson’s solution is to get the rest of the board to approve a resolution, which would endorse the Property Tax Endowment Act of 2003. He has placed the item on Tuesday’s Board of Supervisors meeting agenda. The act says that if the feds buy up a large portion of privately owned property — which is taxed by local jurisdictions — they have to endow those local entities full funding for the payment in lieu of taxes for five fiscal years.... Fees for public lands suffer blow in Senate The ability of the U.S. Forest Service to charge a fee to visit places like the Maroon Bells and possibly expand the program to cover hiking on public lands was dealt a potentially lethal blow in the U.S. Senate yesterday. The Senate Energy and Natural Resources Committee voted 23-0 to make the Recreation Fee Demonstration Project permanent for only the National Park Service. The ability to charge the fee would lapse for three other federal agencies — the Forest Service, Bureau of Land Management and Fish and Wildlife Service.... Yellowstone hastily crafts temporary snowmobile rules for rest of season Responding to the latest ruling by a federal judge, the National Park Service issued rules Wednesday that allow more snowmobiles in Yellowstone and Grand Teton national parks for the remaining few weeks of the winter season. The temporary rules increase from 493 to 780 the number of snowmobiles allowed in Yellowstone each day.Only some of the machines will need to be the cleaner, quieter-type snowmobiles, park Superintendent Suzanne Lewis said, but all must be part of commercially guided trips.... Snowmobiles: Issues get fuzzy when judges disagree On Dec. 16, U.S. District Judge Emmet Sullivan in Washington overturned the Bush administration's 2003 plan to allow snowmobiles to operate in Yellowstone. On Tuesday, U.S. District Judge Clarence Brimmer in Cheyenne overturned a 2001 decision by the Clinton administration to ban snowmobiles. Although the judges were deciding different issues, the results attempt to answer the same fundamental question: should snowmobiles be allowed or not? In the face of a sort of judicial stalemate on that question, the National Park Service was left to decide which opinion to follow.... Federal land deals could be regulated A state legislative committee on Wednesday backed two bills that would require the state Legislature to sign off on land purchases by the federal government. On a 10-3 vote, the House State Affairs Committee backed that idea in cases of state land going to the federal government. A similar proposal that would apply to sales of private land squeaked out on a 7-6 vote. Rep. Larry Rhoden, R-Union Center, sponsored HB1297 and HB1296, he said, because he believes the federal government owns too much land and is always seeking more.... Buffalo Commons researchers offer views on Buffalo Commons idea Back in 1987, researchers Frank and Deborah Popper created outrage among many rural residents by suggesting the Great Plains be allowed to return to its days of native grasslands where buffalo roamed. Included in their Buffalo Commons concept was the prediction that the Plains region faced a future with fewer people, an aging population, economic declines and depleted natural resources. On Wednesday, the husband-and-wife research team was part of a discussion group at Kansas State University about what might happen to the Plains region....
Permalink
Officials hope to have prairie dogs removed from threatened species consideration South Dakota has nearly double the number of prairie dogs that officials earlier believed, providing ammunition for efforts to get the animal dropped from the threatened species candidate list. An aerial survey has found 6,300 prairie dog towns occupying 327,500 acres in South Dakota, according to George Vandel, the top biologist for the state Game, Fish & Parks Department. The survey has not been completed on another 1,000 dog towns in Dewey and Corson counties because of weather and other problems, Vandel said. "We are going to be close to 400,000 acres when we get all done," Vandel said this week.... Lack of Awareness to Blame for Avalanche Deaths There is no trend in the snow sports industry as hot, no buzz or vibe more ringing and relished, than the pursuit of the backcountry experiences on skis, snowboards, snowmobiles and snowshoes. Leaving designated ski areas for the largely unexplored is so common, one wonders how much longer the backcountry can remain unexplored. Although the number of avalanche fatalities in the United States in the 1980's was approximately 15 annually, that number has doubled, on average, in the last five years. More people are now killed on public land by avalanches, avalanche researchers report, than by any other natural event, including lightning, fires or tornados. Last year, the Forest Service National Avalanche Center says, 30 people were killed in avalanches in the United States and another 28 died in Canada. Half were backcountry skiers or snowboarders, most of the rest were on snowmobiles.... Sheepish Delbert Chipman had been part of Utah County's growing sheep business for as long as he could remember. It was the flocks of Chipman and Adams sheep and herds of beef cattle that brought his family to settle along the American Fork Creek in 1850. The economy of Utah is spurred on by one of theoldest and most productive industries in the state - sheep raising.... Major land conservation effort awaits federal funds Five Humboldt County properties will remain working ranches while their 17,000 acres are protected from development in a major new conservation effort. The North Coast Regional Land Trust and the national Trust for Public Land have been developing the Six Rivers to the Sea Project since June 2002. They now await $2.8 million through the U.S. Forest Service Federal Forest Legacy, contained in President Bush's 2005 budget, which will fund the lion's share of the project.... Boldt Decision 'very much alive' 30 years later Hailed by some legal experts as the most significant ruling on Native treaty law in the past century, U.S. District Judge George Boldt's ruling held that the United States' mid-1850s treaties with Washington tribes provided that Indians always were entitled to half the salmon and steelhead harvest in their traditional fishing grounds off reservations. Boldt ruled that Washington state virtually had no authority over tribal fishing; in fact, it was the tribes that ceded to non-Indian settlers the rights to fish -- not the other way around. The decision also would instate tribes as "co-managers" with the state over Washington's salmon fisheries resources. For sport and commercial fishermen, Boldt's ruling amounted to blasphemy -- "special rights," they argued, that afforded a group making up less than 1 percent of Washington's population far too large a slice of the fisheries pie.... Oceans in peril: 'We have to change course,' say scientists The first new federal study of oceans in 35 years will suggest we did so, with alarming efficiency. Next month, a report from a panel appointed by President Bush is expected to paint a stark picture of oceans in trouble, and will call for sweeping new oversight measures to reverse decades of ecological decline in marine waters.... Lawmaker proposes avoiding fight over wolves A leading state lawmaker said Wednesday he will sponsor a measure adopting the federal government's stance on wolf management in Wyoming and allowing the process of removing federal protections for endangered wolves to go forward. "I've made a commitment that I will bring a bill that will yield to the federal position," Rep. Mike Baker, R-Thermopolis, told The Associated Press following a meeting between his legislative committee and U.S. Fish and Wildlife Service Director Steve Williams. Baker said he is sponsoring the bill in an attempt to break a logjam over the state's plan to manage wolves once they are removed from the federal Endangered Species List.... Wolf delisting two years away at best, Williams says If Wyoming conformed today with a wolf management plan acceptable to the U.S. Fish and Wildlife Service, and no bureaucratic hassles arise, the soonest wolf delisting could occur would be about two years from now, USFWS Director Steve Williams said Wednesday. Williams met with the House Travel, Recreation, Wildlife and Cultural Resources Committee to listen to its members and explain further why the Fish and Wildlife Service has rejected the state's plan to manage gray wolves.... Supervisor: Mohave Co. being denied tax base Buster Johnson is seeking a resolution that would make the federal government reimburse the county for a loss of property tax revenue. He said federal agencies, such as the Bureau of Land Management, is buying or trading land with private owners, causing the county a loss in tax revenue. Over the past four years, Johnson said the county has lost more than 8,500 acres to the federal government, while the state has lost more than 106,000. He said those numbers were put together by a consultant for the Quad State County Government Coalition, an organization Johnson belongs to. In a lot of cases, Johnson said the swapping and buying is being done in conservation efforts to protect endangered species. “There are more land trades (with the BLM) and also more threats of making people give up land for endangered species,” Johnson said. “These businesses will give up the land. That takes it off the tax rolls for us.” Johnson’s solution is to get the rest of the board to approve a resolution, which would endorse the Property Tax Endowment Act of 2003. He has placed the item on Tuesday’s Board of Supervisors meeting agenda. The act says that if the feds buy up a large portion of privately owned property — which is taxed by local jurisdictions — they have to endow those local entities full funding for the payment in lieu of taxes for five fiscal years.... Fees for public lands suffer blow in Senate The ability of the U.S. Forest Service to charge a fee to visit places like the Maroon Bells and possibly expand the program to cover hiking on public lands was dealt a potentially lethal blow in the U.S. Senate yesterday. The Senate Energy and Natural Resources Committee voted 23-0 to make the Recreation Fee Demonstration Project permanent for only the National Park Service. The ability to charge the fee would lapse for three other federal agencies — the Forest Service, Bureau of Land Management and Fish and Wildlife Service.... Yellowstone hastily crafts temporary snowmobile rules for rest of season Responding to the latest ruling by a federal judge, the National Park Service issued rules Wednesday that allow more snowmobiles in Yellowstone and Grand Teton national parks for the remaining few weeks of the winter season. The temporary rules increase from 493 to 780 the number of snowmobiles allowed in Yellowstone each day.Only some of the machines will need to be the cleaner, quieter-type snowmobiles, park Superintendent Suzanne Lewis said, but all must be part of commercially guided trips.... Snowmobiles: Issues get fuzzy when judges disagree On Dec. 16, U.S. District Judge Emmet Sullivan in Washington overturned the Bush administration's 2003 plan to allow snowmobiles to operate in Yellowstone. On Tuesday, U.S. District Judge Clarence Brimmer in Cheyenne overturned a 2001 decision by the Clinton administration to ban snowmobiles. Although the judges were deciding different issues, the results attempt to answer the same fundamental question: should snowmobiles be allowed or not? In the face of a sort of judicial stalemate on that question, the National Park Service was left to decide which opinion to follow.... Federal land deals could be regulated A state legislative committee on Wednesday backed two bills that would require the state Legislature to sign off on land purchases by the federal government. On a 10-3 vote, the House State Affairs Committee backed that idea in cases of state land going to the federal government. A similar proposal that would apply to sales of private land squeaked out on a 7-6 vote. Rep. Larry Rhoden, R-Union Center, sponsored HB1297 and HB1296, he said, because he believes the federal government owns too much land and is always seeking more.... Buffalo Commons researchers offer views on Buffalo Commons idea Back in 1987, researchers Frank and Deborah Popper created outrage among many rural residents by suggesting the Great Plains be allowed to return to its days of native grasslands where buffalo roamed. Included in their Buffalo Commons concept was the prediction that the Plains region faced a future with fewer people, an aging population, economic declines and depleted natural resources. On Wednesday, the husband-and-wife research team was part of a discussion group at Kansas State University about what might happen to the Plains region....
Permalink
Wednesday, February 11, 2004
THE SAGA OF THE DIAMOND BAR ALLOTMENT
Catron sheriff may try to block cattle shipment
A confrontation may be looming in the Gila National Forest between federal officers and the Catron County Sheriff's Department.
Sheriff Cliff Snyder has vowed to prevent the shipment of Diamond Bar Allotment cattle from Catron County, despite a court order calling for impoundment of Kit and Sherry Laney's unauthorized livestock.
The 7th Judicial District attorney responded with a threat that federal marshals will arrest sheriff's officers who interfere in the action.
The Forest Service has an agreement with the New Mexico Livestock Board to take the cattle to an auction barn in Los Lunas, according to Andrea Martinez, public-affairs officer on the Gila.
The director of the board was not available this morning to confirm there is an agreement.
In a Feb. 5 letter to Snyder, District Attorney Clint Wellborn said the board has been "working with the Forest Service to assure compliance with New Mexico laws regarding inspections of cattle that are being seized."
Martinez said her agency does not plan to begin rounding up the cattle Wednesday, as previously reported.
"It was scheduled tentatively for mid-February, and we are still shooting for that," she told the Daily Press this morning. "We expect a snowstorm tomorrow; (Forest Road 150) is already muddy."
Public access to the road and the allotment will be prohibited, beginning Wednesday morning. The closure order will be lifted when the impoundment is completed.
Martinez stressed that private-property owners in the area will be allowed to use Forest Road 150, which extends from New Mexico 35 to Wall Lake.
Snyder signaled his intentions to block shipment of the livestock in a Feb. 4 letter to area federal employees, federal contracted employees, and state and county officials.
The next day, Wellborn called the sheriff and followed up with a letter.
"I would caution you against interfering with the extension of this order," Wellborn wrote. "If you or your department should attempt to intervene, you risk the possibility of being arrested by federal marshals and held in contempt of court and possibly jailed and/or fined for violation of the order."
Snyder has not returned calls from the Daily Press to confirm whether he still plans to try to stop the cattle shipment.
Martinez reported that forest officials have not heard from Snyder. She said she hopes the sheriff will back down.
In his letter, Snyder wrote: "I am not disputing the fact our Forest Service has a valid court order to remove the cattle from Forest Service lands. I do not have the power vested in me to determine if, indeed, they are Forest Service lands. I believe that is left to the courts. I believe where the problem lies is the shipping of cattle after they are gathered."
Snyder cited several New Mexico laws governing the possession, hauling and selling of livestock, from which he concluded: "These cattle cannot be shipped and sold without being in direct violation of New Mexico state statutes."
Snyder wrote: "As I see this situation, the federal government is asking me to ignore my duty under state law. I believe this puts me, my department and the county in a position to be liable under state law. The federal government will walk away when they are finished, leaving me to face the liability alone.
"I cannot, in good conscience, ignore my oath of office or the liability of the county," he added. "I intend to enforce the state livestock laws in my county. I will not allow anyone, in violation of state law, to ship Diamond Bar cattle out of my county."
Forest officials have consulted with the New Mexico attorney general's office regarding the impoundment, according to Martinez.
"We need to work within the law and enforce the court order," she said. "We want to conduct the impoundment with efficiency and safety for everyone concerned."
A forest law-enforcement officer declined comment on the controversy.
Federal courts ordered the Laneys to remove their livestock from the allotment, about 85 percent of which is in the Aldo Leopold Wilderness Area.
The ranchers have argued they are entitled to surface rights on the allotment because of their historic use of the parcel, predating creation of the Forest Service and the wilderness area.
Laneys say they won't oppose the removal of cattle
Ranchers faced with having their cattle impounded say they will not physically oppose the action, but that county law-enforcement officers should.
Gila National Forest officials announced last week they will gather and remove unauthorized livestock from Kit and Sherry Laney's Diamond Bar Allotment, beginning Wednesday morning.
In an e-mail message the Daily Press received this morning, Kit Laney wrote that he and others at the ranch are "not dangerous."
"Please be assured the Laney family will never act in a manner that physically harms another human being," he said.
Laney continued: "We have chosen to leave the defense of our livestock in the hands of local law enforcement. We feel we have been able to convince them that, within the boundaries of state law, they have the legal authority to protect our livestock from impoundment and ourselves from harm."
Catron County Sheriff Cliff Snyder was not available this morning to comment on whether he plans to oppose the impoundment. Gila National Forest officers also could not be reached.
Laney criticized the agency's plan to close Forest Road 150, and prohibit public access to the allotment during the impoundment.
"The Forest Service only has the authority to close roads to protect the public from road problems, weather problems or forest fires," he wrote. "There are none."
Laney added: "The implication is the public may need to be protected from me. Word went out (Sunday) morning that I had threatened people involved in planning the impoundment. I want to assure everyone I did not threaten anyone, and I will never raise a hand to physically harm anyone least of all, someone doing their job."
According to Laney, Forest Service personnel told him one reason for the road closure and "increased USFS law-enforcement personnel" is that "people who want our cattle off the land" may have made threats against the ranchers.
"If this is so," Laney wrote, "we expect the USFS to pass this information on to either the Grant or Catron County Sheriff's Department; they have the jurisdiction to investigate these incidents. The sheriff needs to be able to conduct an investigation into these allegations to see if they are real."
In a news release last week, forest officials wrote that the area's closure "provides for public safety, protection of property and minimizes public activities that may interfere with the gathering and removal of livestock."
The action will prohibit entry along the forest road to forest land between Wall Lake and the south rim of Rocky Canyon (north of Mimbres). The 147,000-acre allotment, and a number of forest trails, also will be closed to the public for an indefinite period.
Private-property owners will be allowed to travel to and from their land in the area. Maps of the closed areas are available at district ranger offices.
Federal courts have ordered the Laneys to remove livestock from the allotment, about 85 percent of which is in a wilderness area.
The ranchers contend they are entitled to surface rights on the Diamond Bar because of their historical use of the allotment, predating the Forest Service's creation.
Order 06-222
ORDER
AREA CLOSURE – Diamond Bar Allotment Gila National Forest
Pursuant to 36 CFR 261.50(a) and (b), the following acts are prohibited on the area described in this order and shown on Exhibit A within the Gila National Forest, until further notice.
(1) Going into the area in violation of posted restrictions for public health and safety, 36 CFR 261.53(e).
(2) Going into the area in violation of posted restriction for the protection of property,
36 CFR 261.53(f).
Pursuant to 36 CFR 261.50(e), the following persons are exempted from this order:
(1) Persons with a permit specifically authorizing the prohibited act or omission.
(2) Any Federal State or local Officer, or member of an organized rescue or firefighting force in the performance of an official duty.
This order affects the Diamond Bar Allotment area of the Wilderness Ranger District, Gila National Forest, as shown in Exhibit A.
Description of Closed Area, Roads and Trails
Forest Road 150 from below the private lands at Wall Lake, (Township 11 South, Range 12 West, Section 15), south to the south rim of Rocky Canyon (Township 14 South, Range 11 West, Section 8).
Trails include: Trail #40 in Diamond Creek, including Middle Diamond Creek from the junction of Forest Road 150 to the junction of the CD trail # 74. CD Trail # 74 from the junction of Trail #40 south to the junction of Trail # 74. Trail #74 to the junction of Forest Road 150. Encompassing Trails # 75, 76, 75A, 72, 481, 73, 707, 68, 69, 67, and 308. To the west of Forest Road 150 trails include Trail # 803, 700, 95, 94, 716, 708, 713, East Fork of the Gila River from private property at Trails End Ranch to the private land at Lyons Lodge.
Land area includes the area described as the Diamond Bar Allotment: On the Northwest side from the confluence of Adobe Canyon and the East Fork of the Gila River to Forest Road 225 easterly to the junction of Forest Road 18, north along Forest Road 18 for approximately 1/2 mile then continuing east to Forest Road 150. From Forest Road 150 east to the southwest slope of Round Mountain south along
the Crest Trail to Diamond Peak and on to Reeds Peak. The south border continues along Trail # 74 to Sign Board Saddle to a cattle guard in Rocky Canyon and Forest Road 150. Continuing west to the north rim area of Apache Creek across the lower end of Black Canyon to the East Fork of the Gila River. The west boundary is the East Fork of the Gila River north to Adobe Canyon.
The attached map, Exhibit A, identifies the trails, Roads, and area closed by this Order.
This Order becomes effective at 8:00 a.m., February 11, 2004 and will remain in effect until rescinded.
Order No. 06-222 Page 2
Done at Silver City, New Mexico, this 5th day of February 2004.
/s/ Marcia R. Andre
MARCIA R. ANDRE
Forest Supervisor
Gila National Forest
Violations of these prohibitions is punishable by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment of not more than six months, or both. (Title 16 U.S.C. 551 and Title18 U.S.C. 3559 and 3571).
What's Ahead (Forest Service)
A team has been assembled to conduct the impoundment and removal process. This team will work primarily out of the MeOwn Guard Station located within the Diamond Bar Allotment. A contractor will perform the actual gathering of livestock.
Initial aerial monitoring will be conducted by helicopter to determine the location of livestock. The contractor will be briefed and provided with maps indicating the livestock locations. The gathering of livestock by the contractor will be herded into the MeOwn or Beaverhead corrals for shipment to Los Lunas for eventual sale. To enable the contractor to gather the animals in an efficient manner, the helicopter will be used prudently for reconnaissance flights to locate remaining livestock.
The team will consist of an Incident Commander with Line Officer authority, an Operations/Planning Chief to oversee daily operations, a Contracting Officer Representative (COR) who will be responsible for the contract, a Logistics Chief to maintain the camps, the Forest Public Affairs Officer (PAO) who will be the media/public contact, a Finance Chief to track costs, a N.M. Livestock Inspector present when cattle are to be shipped, a Helicopter Manager, an Emergency Medical Technician (EMT), and a Security Chief to manage Law Enforcement personnel. Numbers of additional support personnel will vary.
Permalink
Catron sheriff may try to block cattle shipment
A confrontation may be looming in the Gila National Forest between federal officers and the Catron County Sheriff's Department.
Sheriff Cliff Snyder has vowed to prevent the shipment of Diamond Bar Allotment cattle from Catron County, despite a court order calling for impoundment of Kit and Sherry Laney's unauthorized livestock.
The 7th Judicial District attorney responded with a threat that federal marshals will arrest sheriff's officers who interfere in the action.
The Forest Service has an agreement with the New Mexico Livestock Board to take the cattle to an auction barn in Los Lunas, according to Andrea Martinez, public-affairs officer on the Gila.
The director of the board was not available this morning to confirm there is an agreement.
In a Feb. 5 letter to Snyder, District Attorney Clint Wellborn said the board has been "working with the Forest Service to assure compliance with New Mexico laws regarding inspections of cattle that are being seized."
Martinez said her agency does not plan to begin rounding up the cattle Wednesday, as previously reported.
"It was scheduled tentatively for mid-February, and we are still shooting for that," she told the Daily Press this morning. "We expect a snowstorm tomorrow; (Forest Road 150) is already muddy."
Public access to the road and the allotment will be prohibited, beginning Wednesday morning. The closure order will be lifted when the impoundment is completed.
Martinez stressed that private-property owners in the area will be allowed to use Forest Road 150, which extends from New Mexico 35 to Wall Lake.
Snyder signaled his intentions to block shipment of the livestock in a Feb. 4 letter to area federal employees, federal contracted employees, and state and county officials.
The next day, Wellborn called the sheriff and followed up with a letter.
"I would caution you against interfering with the extension of this order," Wellborn wrote. "If you or your department should attempt to intervene, you risk the possibility of being arrested by federal marshals and held in contempt of court and possibly jailed and/or fined for violation of the order."
Snyder has not returned calls from the Daily Press to confirm whether he still plans to try to stop the cattle shipment.
Martinez reported that forest officials have not heard from Snyder. She said she hopes the sheriff will back down.
In his letter, Snyder wrote: "I am not disputing the fact our Forest Service has a valid court order to remove the cattle from Forest Service lands. I do not have the power vested in me to determine if, indeed, they are Forest Service lands. I believe that is left to the courts. I believe where the problem lies is the shipping of cattle after they are gathered."
Snyder cited several New Mexico laws governing the possession, hauling and selling of livestock, from which he concluded: "These cattle cannot be shipped and sold without being in direct violation of New Mexico state statutes."
Snyder wrote: "As I see this situation, the federal government is asking me to ignore my duty under state law. I believe this puts me, my department and the county in a position to be liable under state law. The federal government will walk away when they are finished, leaving me to face the liability alone.
"I cannot, in good conscience, ignore my oath of office or the liability of the county," he added. "I intend to enforce the state livestock laws in my county. I will not allow anyone, in violation of state law, to ship Diamond Bar cattle out of my county."
Forest officials have consulted with the New Mexico attorney general's office regarding the impoundment, according to Martinez.
"We need to work within the law and enforce the court order," she said. "We want to conduct the impoundment with efficiency and safety for everyone concerned."
A forest law-enforcement officer declined comment on the controversy.
Federal courts ordered the Laneys to remove their livestock from the allotment, about 85 percent of which is in the Aldo Leopold Wilderness Area.
The ranchers have argued they are entitled to surface rights on the allotment because of their historic use of the parcel, predating creation of the Forest Service and the wilderness area.
Laneys say they won't oppose the removal of cattle
Ranchers faced with having their cattle impounded say they will not physically oppose the action, but that county law-enforcement officers should.
Gila National Forest officials announced last week they will gather and remove unauthorized livestock from Kit and Sherry Laney's Diamond Bar Allotment, beginning Wednesday morning.
In an e-mail message the Daily Press received this morning, Kit Laney wrote that he and others at the ranch are "not dangerous."
"Please be assured the Laney family will never act in a manner that physically harms another human being," he said.
Laney continued: "We have chosen to leave the defense of our livestock in the hands of local law enforcement. We feel we have been able to convince them that, within the boundaries of state law, they have the legal authority to protect our livestock from impoundment and ourselves from harm."
Catron County Sheriff Cliff Snyder was not available this morning to comment on whether he plans to oppose the impoundment. Gila National Forest officers also could not be reached.
Laney criticized the agency's plan to close Forest Road 150, and prohibit public access to the allotment during the impoundment.
"The Forest Service only has the authority to close roads to protect the public from road problems, weather problems or forest fires," he wrote. "There are none."
Laney added: "The implication is the public may need to be protected from me. Word went out (Sunday) morning that I had threatened people involved in planning the impoundment. I want to assure everyone I did not threaten anyone, and I will never raise a hand to physically harm anyone least of all, someone doing their job."
According to Laney, Forest Service personnel told him one reason for the road closure and "increased USFS law-enforcement personnel" is that "people who want our cattle off the land" may have made threats against the ranchers.
"If this is so," Laney wrote, "we expect the USFS to pass this information on to either the Grant or Catron County Sheriff's Department; they have the jurisdiction to investigate these incidents. The sheriff needs to be able to conduct an investigation into these allegations to see if they are real."
In a news release last week, forest officials wrote that the area's closure "provides for public safety, protection of property and minimizes public activities that may interfere with the gathering and removal of livestock."
The action will prohibit entry along the forest road to forest land between Wall Lake and the south rim of Rocky Canyon (north of Mimbres). The 147,000-acre allotment, and a number of forest trails, also will be closed to the public for an indefinite period.
Private-property owners will be allowed to travel to and from their land in the area. Maps of the closed areas are available at district ranger offices.
Federal courts have ordered the Laneys to remove livestock from the allotment, about 85 percent of which is in a wilderness area.
The ranchers contend they are entitled to surface rights on the Diamond Bar because of their historical use of the allotment, predating the Forest Service's creation.
Order 06-222
ORDER
AREA CLOSURE – Diamond Bar Allotment Gila National Forest
Pursuant to 36 CFR 261.50(a) and (b), the following acts are prohibited on the area described in this order and shown on Exhibit A within the Gila National Forest, until further notice.
(1) Going into the area in violation of posted restrictions for public health and safety, 36 CFR 261.53(e).
(2) Going into the area in violation of posted restriction for the protection of property,
36 CFR 261.53(f).
Pursuant to 36 CFR 261.50(e), the following persons are exempted from this order:
(1) Persons with a permit specifically authorizing the prohibited act or omission.
(2) Any Federal State or local Officer, or member of an organized rescue or firefighting force in the performance of an official duty.
This order affects the Diamond Bar Allotment area of the Wilderness Ranger District, Gila National Forest, as shown in Exhibit A.
Description of Closed Area, Roads and Trails
Forest Road 150 from below the private lands at Wall Lake, (Township 11 South, Range 12 West, Section 15), south to the south rim of Rocky Canyon (Township 14 South, Range 11 West, Section 8).
Trails include: Trail #40 in Diamond Creek, including Middle Diamond Creek from the junction of Forest Road 150 to the junction of the CD trail # 74. CD Trail # 74 from the junction of Trail #40 south to the junction of Trail # 74. Trail #74 to the junction of Forest Road 150. Encompassing Trails # 75, 76, 75A, 72, 481, 73, 707, 68, 69, 67, and 308. To the west of Forest Road 150 trails include Trail # 803, 700, 95, 94, 716, 708, 713, East Fork of the Gila River from private property at Trails End Ranch to the private land at Lyons Lodge.
Land area includes the area described as the Diamond Bar Allotment: On the Northwest side from the confluence of Adobe Canyon and the East Fork of the Gila River to Forest Road 225 easterly to the junction of Forest Road 18, north along Forest Road 18 for approximately 1/2 mile then continuing east to Forest Road 150. From Forest Road 150 east to the southwest slope of Round Mountain south along
the Crest Trail to Diamond Peak and on to Reeds Peak. The south border continues along Trail # 74 to Sign Board Saddle to a cattle guard in Rocky Canyon and Forest Road 150. Continuing west to the north rim area of Apache Creek across the lower end of Black Canyon to the East Fork of the Gila River. The west boundary is the East Fork of the Gila River north to Adobe Canyon.
The attached map, Exhibit A, identifies the trails, Roads, and area closed by this Order.
This Order becomes effective at 8:00 a.m., February 11, 2004 and will remain in effect until rescinded.
Order No. 06-222 Page 2
Done at Silver City, New Mexico, this 5th day of February 2004.
/s/ Marcia R. Andre
MARCIA R. ANDRE
Forest Supervisor
Gila National Forest
Violations of these prohibitions is punishable by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment of not more than six months, or both. (Title 16 U.S.C. 551 and Title18 U.S.C. 3559 and 3571).
What's Ahead (Forest Service)
A team has been assembled to conduct the impoundment and removal process. This team will work primarily out of the MeOwn Guard Station located within the Diamond Bar Allotment. A contractor will perform the actual gathering of livestock.
Initial aerial monitoring will be conducted by helicopter to determine the location of livestock. The contractor will be briefed and provided with maps indicating the livestock locations. The gathering of livestock by the contractor will be herded into the MeOwn or Beaverhead corrals for shipment to Los Lunas for eventual sale. To enable the contractor to gather the animals in an efficient manner, the helicopter will be used prudently for reconnaissance flights to locate remaining livestock.
The team will consist of an Incident Commander with Line Officer authority, an Operations/Planning Chief to oversee daily operations, a Contracting Officer Representative (COR) who will be responsible for the contract, a Logistics Chief to maintain the camps, the Forest Public Affairs Officer (PAO) who will be the media/public contact, a Finance Chief to track costs, a N.M. Livestock Inspector present when cattle are to be shipped, a Helicopter Manager, an Emergency Medical Technician (EMT), and a Security Chief to manage Law Enforcement personnel. Numbers of additional support personnel will vary.
Permalink
NEWS ROUNDUP
Bighorn sheep threatened by climate change, finds new study A study led by researchers at the University of California, Berkeley, has linked population declines of California's desert bighorn sheep with the effects of climate change. What's more, many of the state's remaining bighorn populations could face extinction if certain global warming forecasts for the next 60 years come true. In the study, which is published in the current issue of Conservation Biology, the authors found that of the 80 groups of desert bighorn sheep known to have roamed California's mountains over the past century, 30 are now extinct. In their investigation of the population decline, the researchers evaluated impacts ranging from contact with domestic livestock, which can lead to the spread of disease and competition for food, to poaching, mining, human disturbance and other factors. They also analyzed climatic variables such as temperature and precipitation that affect the availability of vegetation and dependable sources of spring water for the sheep.... Mojave Desert plant considered for protection Federal wildlife officials said Tuesday they will consider placing a Mojave Desert herb on the nation's endangered species list, a move that could further complicate the expansion of the Army's tank training center. Populations of the desert cymopterus, a member of the carrot family, have been found on land tagged for expansion of the National Training Center at Fort Irwin north of Barstow. The planned expansion has been delayed for years because the land harbors the desert tortoise, a threatened species, and an endangered plant known as the Lane Mountain milk-vetch. Negotiations are underway to balance species protections with needs for expansion.... Leaders meet but wolf impasse remains Apparently nobody blinked Tuesday when the director of the U.S. Fish and Wildlife Service met with Gov. Dave Freudenthal and other state leaders to discuss an apparent impasse over the state's wolf management plan. "While the meeting was cordial enough, it lacked the substance I was looking for," Freudenthal said in a release after the two hour meeting with Steve Williams, who made a special trip to Wyoming. "With neither party apparently inclined to shift its position significantly, nothing in my meeting with Director Williams would indicate to me that this matter can be resolved equitably in the timelines we confront." Williams enraged Freudenthal and other state officials when he sent a letter dated Jan. 13 that stated Wyoming's wolf management plan prevents the delisting of the wolf. Freudenthal wrote back to Williams' boss, Interior Secretary Gale Norton, saying the state was a victim of ever-changing federal policy.... State girding for fight on wolf plan Regardless of whether the state or federal government makes concessions, a court battle is inevitable over Wyoming’s wolf plan, Sen. Grant Larson said Tuesday. As a high-level meeting in Cheyenne failed to ease the standoff between state officials and the U.S. Fish and Wildlife Service, Larson said even if either side were to compromise, a suit would follow from “radical environmental groups.” Larson said he expected the court fight to drag on for as long as five years, delaying removal of the wolf from the endangered species list. If the Fish and Wildlife Service abruptly changed course and approved Wyoming’s wolf management plan, “radical environmental groups would file suit the next day, just as they’ve done with the grizzly bear and everything else,” Larson said.... Wyoming ag group to sue over wolf plan A Wyoming farm group is threatening to sue the federal government over how it has been managing wolves. Jim Urbigkit, president of the Sublette County Farm Bureau, said Monday that his group and “other interested parties” intend to file a lawsuit within 60 days because the U.S. Fish and Wildlife Service hasn’t done enough in Wyoming to protect livestock operations. Urbigkit said the agency isn’t following its longstanding plan for wolves, including a provision that allows removal of wolves that kill livestock when there are six or more pairs of wolves in the recovery zone.... State Enhances Protection for Coho Salmon The California Fish and Game Commission this week voted to protect Northern California's coho salmon under the state's Endangered Species Act after adopting a plan to restore the habitat of the increasingly scarce fish. The commission's decision on Wednesday capped years of deliberations on how to best help replenish stocks of coho -- or silver -- salmon, which have been depleted by extensive fishing and water diversion as well as muddy runoff, often triggered by land development and logging operations. The runoff clogs clear-running streams needed for spawning. The decision adds a second level of protection for a species listed as endangered by the National Marine Fisheries Service since the late 1990s....Environmentalists Oppose Second Border Fence Environmental groups are asking a federal court to halt plans to build a second border fence along the westernmost edge of the United States-Mexico border. The Sierra Club, the San Diego Audubon Society, and San Diego Baykeeper are among several groups who claim the Department of Homeland Security failed to fully consider potential harm to the environment.... WHO Urges Regulation of Herbal Medicines The World Health Organization is urging governments to regulate herbal medicines, saying their unsafe use is claiming a growing number of victims. WHO says the growing use of these products has increased the risks. It says it has worrying reports of a growing number of patients experiencing negative health consequences caused by the use of herbal medicines. WHO says there is also the risk that the growing international trade in herbal remedies might pose a threat to biodiversity through over-harvesting of the raw materials for herbal medicines and other natural health-care products. If this is not controlled, it warns these practices could lead to the extinction of endangered species.... Clearing the brush As October's wildfires raged, Steve Larson was all set to use his backhoe in a last-ditch effort to remove dry, overgrown brush on his property. Then he was warned off. "We have some environmental issues here," Larson recalls being told by a man who showed up at the edge of his property and seemed to be acting in some official capacity. Larson retreated. It wasn't long before flames consumed everything he owned: his home in Crest, five rental houses and 22 cars. In retrospect, he wishes he had not heeded the stranger. With more than 2,400 homes destroyed in last fall's conflagrations, property owners in the backcountry and on the urban fringes of wildland are questioning government regulations that restrict the amount of native brush they can cut down.... Yellowstone bison to get shots Some calves and yearling bison that test negative for exposure to brucellosis will be vaccinated against the contagious disease for the first time this winter, a wildlife biologist in Yellowstone National Park said Monday. "It's a step in trying to get to a disease-free population eventually," said Rick Wallen.... Yankton man fined for killing coyote An illegal coyote hunt in Wind Cave National Park has cost a Yankton man $425 in federal fines and restitution. Eugene Healy, 46, pleaded guilty Feb. 5 before U.S. Magistrate Judge Marshall Young of Rapid City to misdemeanor counts for firing a weapon and killing wildlife within a national park. Young ordered Healy to pay $50 in restitution and fined him $750, with $375 suspended, provided that Healy doesn't have any violations for one year.... Judge Blocks Yellowstone Snowmobile Ban Severe restrictions on snowmobiling in Yellowstone and Grand Teton national parks were blocked by a federal judge Tuesday, nearly two months after they were put in place. U.S. District Judge Clarence Brimmer in Wyoming ruled that the restrictions would cause irreparable harm to companies that rely on snowmobiling in the parks due to lost business. Brimmer issued a temporary restraining order against the restrictions and ordered the National Park Service to develop temporary rules for the rest of the 2004 season including use of cleaner, quieter snowmobiles. It was not immediately clear what the next legal step would be, or what rules would be in effect for the 2005 season.... NYT Editorial: An Environmental Deficit To the country's environmentalists, the most encouraging thing about President Bush's new budget is something that isn't there. Having painted himself into a fiscal corner, Mr. Bush has muted his support for an energy bill that would have disproportionately benefited large polluters with $31 billion in tax breaks and other incentives. This is good news, assuming that Congress heeds his call for restraint. In most other respects, the environment fared poorly in this budget — not surprising, given Mr. Bush's failure to mention the issue in his State of the Union address, but disheartening just the same. Though publicly uncomplaining, Michael Leavitt, the new administrator of the Environmental Protection Agency, has reason to be particularly aggrieved. Only two months into the job, he saw his budget whacked by $600 million, or 7 percent. Much has been made of the trims in his research budget. Of greater consequence to the country's near-term health were the 30 percent cuts to waste treatment programs and other clean water activities that are central to his agency's mission.... Bush Drilling Plan Brings Foes Together: Ranchers, hunters and environmentalists decry a bid to draw natural gas from New Mexico wilds The governor of New Mexico — leading an unusual alliance of ranchers, environmentalists, hunters and property-rights activists — has launched an election-year challenge to the Bush administration's energy policies, vowing to block a plan to drill for gas on a vast expanse of desert grasslands here. Gov. Bill Richardson's opposition represents the strongest signal to date that the Rocky Mountain West, long dependent on energy production, is having second thoughts about the administration's aggressive advocacy of oil and gas drilling.... Gas drilling forum held in ‘ground zero’ of Bush plan As natural gas development expands in the Rockies, affected residents in western Colorado will need a neutral site to discuss problems as they arise, a community activist said Monday during a regional forum in Garfield County. Garfield County is home to the Roan Plateau, described as “ground zero” in the Bush administration’s plan to boost energy development stateside.... Plateau protection called good economic sense A band of environmental groups was joined here Monday by area business owners to publicize their efforts to save the pristine wilderness atop Roan Plateau. They held a press conference in front of the Garfield County Courthouse to tout the benefits of using slant, or directional, drilling into the side of the plateau — which is located northwest of Rifle and fronted by a cliffside that dominates the landscape — instead of drilling directly down from the top.... Gas panel meeting draws hundreds With Power Point presentations, graphs and charts, the Colorado Oil and Gas Conservation Commission was well prepared for its quarterly northwest Colorado public meeting late Monday afternoon. But by the looks of things, the commission wasn’t prepared for the more than 200 landowners, ranchers, environmentalists and concerned citizens who crowded into the Garfield County Fairgrounds’ South Hall to attend the commission’s public forum — and voice their concerns.... Fossil site may soon see oil rigs on horizon Visitors to Dinosaur National Monument could soon see oil and gas rigs pumping away as they drive from the visitors center to the heart of the fossil preserve. The Bureau of Land Management, which owns land on the southern and western fringes of the monument, will offer 55 parcels of land in Colorado and Utah to oil and gas companies for drilling leases. The Colorado auction is Thursday and the Utah leases will be offered Feb. 18.... Utah Deal with Interior on Road Ownership is Illegal A deal between Utah and the Bush administration aimed at settling long-standing disputes over the ownership of federal roads violates federal law, according to a review by congressional lawyers released Tuesday. Interior Secretary Gale Norton and then-Gov. Mike Leavitt signed an agreement last year seeking to resolve longstanding disputes over whether roads that snake across Utah are owned by the state or federal government. It would have implemented an Interior plan to "disclaim" ownership of the disputed routes, and served as a model for settling similar disagreements over thousands of miles of roads across the West. But the General Accounting Office, which is Congress' investigative agency, said in a legal opinion that the Leavitt-Norton deal contradicts a demand by Congress that it have final say on the road disputes. At the same time, Interior's underlying plan to surrender ownership of the roads technically did not run afoul of the congressional prohibition, the GAO said.... Supermill open for business as forest sector rebounds The world's largest sawmill opened for business Monday in the northern B.C. town of Houston, sending the strongest signal yet that the province's forest industry is on the rebound. A $26.4-million capital upgrade in Canfor Corp.'s Houston sawmill has catapulted it into the class of supermills, turning out 600 million board feet of lumber a year and surpassing the production of a German sawmill that held the title until Monday. The high-speed mill produces 2,300 boards a minute, destined for markets in North America and Asia, Emerson said....Senate Republicans Agree to Slash Stalled Energy Bill Senate Republicans, hoping to salvage a stalled energy bill, said yesterday that they plan to more than halve the measure's tax breaks and other business incentives, cutting them from $31 billion to less than $14 billion over 10 years. But at a luncheon meeting of GOP senators, members balked at attaching the energy legislation to a pending transportation bill, which faces its own objections from key Republicans and the White House.... Easement completed on Dry Creek farm Another piece of Gallatin County's open-space protection puzzle snapped into place Tuesday when county commissioners approved a conservation easement on the largest piece of land to date. The price of the easement, which limits development on 1,572 acres of Wally and Patricia Brownell's farm, increased significantly since last March's initial estimates. But commissioners say taxpayers still got a great deal. Murdock joined Commissioner John Vincent in voting to spend $437,000 in open space bond money to pay for part of the easement. Commissioner Jennifer Smith Mitchell was at a Montana Association of Counties meeting in Billings. The county's share was $87,000 more than the $350,000 commissioners agreed to spend last spring. The price tag reflected the increased appraisal, from $1.4 million last spring to $2.17 million. In addition to the county's share of the total easement price, the Brownells will receive $537,000 from the federal Farmland Protection Program and another $100,000 from the Doris Duke Charitable Foundation. The Brownells donated more than $1 million of the easement's estimated value.... Split estate bill fails introduction A proposal to attempt to head off disputes between landowners and those who own the rights to oil and gas beneath the land by ensuring negotiations between the parties died in the Wyoming House on Tuesday. The defeat of House Bill 70, the "Surface Owners' Accommodation Act," also called the "split estate bill," was a victory for oil and gas industry representatives but a defeat for landowners and Gov. Dave Freudenthal, who urged passage of the bill.... Mad Cow Could Divide Cattle Industry After mad cow disease hit the United States, the cattle industry's dominant trade group stood behind the government's mandate for stricter regulations to ensure food safety. But down on the farm, some unhappy ranchers are breaking away from the National Cattlemen's Beef Association in a dispute over mandatory fees for marketing and labeling to distinguish U.S. beef. The clash has the potential to slow regulatory changes and strain relations with trading partners. After years of discontent, members of the South Dakota Stockgrowers Association voted to leave the national association in 2001, saying the group no longer meets the needs of small cattle ranchers. The New Mexico Cattle Growers' Association followed suit last December.... Jury asked to award cattlemen $2 billion in suit against Tyson A lawsuit accusing the nation's largest beef packer of price manipulation went to a jury Tuesday with a request that $2 billion in damages be awarded to cattlemen throughout the country. The suit accuses Tyson Fresh Meats Inc. of using contracts with select ranchers to create a captive supply of cattle that enabled the company to drive prices down. The company in closing arguments maintained instead that supply and demand drive the beef market. Concluding a monthlong trial, each side criticized the other's failure to produce concrete evidence and witnesses - even though eight years have passed since six cattlemen filed a class-action lawsuit on behalf of some 30,000 producers who sold cattle to Tyson, then known as IBP Inc., in the cash market between February 1994 and October 2002.... Runaway bull hurts 9 people at rodeo Nine people were injured Saturday when a bull kicked open a gate and stormed through a crowd of people at the 66th Annual Sells Rodeo and Fair on the Tohono O'odham Nation. Five people were hospitalized, but none of the injuries was life-threatening, according to a news release issued by the nation.... The LONG version — maintaining history through the Texas Longhorns There’s over 88 inches of air between their tips and, if you stand nearby for a long enough period of time, you’ll hear every superlative known to the English language, as well as a few in several other tongues. They belong to “Jimmy Shoulders” and corkscrew out on either side of the massive Texas Longhorn’s head in an impressive fashion — just what you’d expect from the 2004 National Western Grand Champion Steer. “They’re a part of the Old West, a part of our heritage. Longhorn cattle drives are what made our country what it is,” proclaims Gary Cole of New Mexico, a congenial Longhorn breeder and owner of the award winning “Jimmy Shoulders.” A veteran of 14 years riding rodeo roughstock and another 18 years astride polo ponies, Cole enjoys discussing the breed and why he raises them.... Rodeo brothers maintain lifestyle Growing up in a world-famous rodeo family can have its advantages. Just ask Jake and Jimmie Cooper. The 19-year-old twin sons of 1981 all-around world champion Jimmie Cooper are in their first year of pro team roping. Cousin Roy Cooper is also a former all-around world champion -- in 1983 -- and a six-time world champion calf-roper. "Our dad has given us wisdom and knowledge that a lot of rookies have to learn for themselves," Jimmie said. "And that has been a big advantage for us."....
Permalink
Bighorn sheep threatened by climate change, finds new study A study led by researchers at the University of California, Berkeley, has linked population declines of California's desert bighorn sheep with the effects of climate change. What's more, many of the state's remaining bighorn populations could face extinction if certain global warming forecasts for the next 60 years come true. In the study, which is published in the current issue of Conservation Biology, the authors found that of the 80 groups of desert bighorn sheep known to have roamed California's mountains over the past century, 30 are now extinct. In their investigation of the population decline, the researchers evaluated impacts ranging from contact with domestic livestock, which can lead to the spread of disease and competition for food, to poaching, mining, human disturbance and other factors. They also analyzed climatic variables such as temperature and precipitation that affect the availability of vegetation and dependable sources of spring water for the sheep.... Mojave Desert plant considered for protection Federal wildlife officials said Tuesday they will consider placing a Mojave Desert herb on the nation's endangered species list, a move that could further complicate the expansion of the Army's tank training center. Populations of the desert cymopterus, a member of the carrot family, have been found on land tagged for expansion of the National Training Center at Fort Irwin north of Barstow. The planned expansion has been delayed for years because the land harbors the desert tortoise, a threatened species, and an endangered plant known as the Lane Mountain milk-vetch. Negotiations are underway to balance species protections with needs for expansion.... Leaders meet but wolf impasse remains Apparently nobody blinked Tuesday when the director of the U.S. Fish and Wildlife Service met with Gov. Dave Freudenthal and other state leaders to discuss an apparent impasse over the state's wolf management plan. "While the meeting was cordial enough, it lacked the substance I was looking for," Freudenthal said in a release after the two hour meeting with Steve Williams, who made a special trip to Wyoming. "With neither party apparently inclined to shift its position significantly, nothing in my meeting with Director Williams would indicate to me that this matter can be resolved equitably in the timelines we confront." Williams enraged Freudenthal and other state officials when he sent a letter dated Jan. 13 that stated Wyoming's wolf management plan prevents the delisting of the wolf. Freudenthal wrote back to Williams' boss, Interior Secretary Gale Norton, saying the state was a victim of ever-changing federal policy.... State girding for fight on wolf plan Regardless of whether the state or federal government makes concessions, a court battle is inevitable over Wyoming’s wolf plan, Sen. Grant Larson said Tuesday. As a high-level meeting in Cheyenne failed to ease the standoff between state officials and the U.S. Fish and Wildlife Service, Larson said even if either side were to compromise, a suit would follow from “radical environmental groups.” Larson said he expected the court fight to drag on for as long as five years, delaying removal of the wolf from the endangered species list. If the Fish and Wildlife Service abruptly changed course and approved Wyoming’s wolf management plan, “radical environmental groups would file suit the next day, just as they’ve done with the grizzly bear and everything else,” Larson said.... Wyoming ag group to sue over wolf plan A Wyoming farm group is threatening to sue the federal government over how it has been managing wolves. Jim Urbigkit, president of the Sublette County Farm Bureau, said Monday that his group and “other interested parties” intend to file a lawsuit within 60 days because the U.S. Fish and Wildlife Service hasn’t done enough in Wyoming to protect livestock operations. Urbigkit said the agency isn’t following its longstanding plan for wolves, including a provision that allows removal of wolves that kill livestock when there are six or more pairs of wolves in the recovery zone.... State Enhances Protection for Coho Salmon The California Fish and Game Commission this week voted to protect Northern California's coho salmon under the state's Endangered Species Act after adopting a plan to restore the habitat of the increasingly scarce fish. The commission's decision on Wednesday capped years of deliberations on how to best help replenish stocks of coho -- or silver -- salmon, which have been depleted by extensive fishing and water diversion as well as muddy runoff, often triggered by land development and logging operations. The runoff clogs clear-running streams needed for spawning. The decision adds a second level of protection for a species listed as endangered by the National Marine Fisheries Service since the late 1990s....Environmentalists Oppose Second Border Fence Environmental groups are asking a federal court to halt plans to build a second border fence along the westernmost edge of the United States-Mexico border. The Sierra Club, the San Diego Audubon Society, and San Diego Baykeeper are among several groups who claim the Department of Homeland Security failed to fully consider potential harm to the environment.... WHO Urges Regulation of Herbal Medicines The World Health Organization is urging governments to regulate herbal medicines, saying their unsafe use is claiming a growing number of victims. WHO says the growing use of these products has increased the risks. It says it has worrying reports of a growing number of patients experiencing negative health consequences caused by the use of herbal medicines. WHO says there is also the risk that the growing international trade in herbal remedies might pose a threat to biodiversity through over-harvesting of the raw materials for herbal medicines and other natural health-care products. If this is not controlled, it warns these practices could lead to the extinction of endangered species.... Clearing the brush As October's wildfires raged, Steve Larson was all set to use his backhoe in a last-ditch effort to remove dry, overgrown brush on his property. Then he was warned off. "We have some environmental issues here," Larson recalls being told by a man who showed up at the edge of his property and seemed to be acting in some official capacity. Larson retreated. It wasn't long before flames consumed everything he owned: his home in Crest, five rental houses and 22 cars. In retrospect, he wishes he had not heeded the stranger. With more than 2,400 homes destroyed in last fall's conflagrations, property owners in the backcountry and on the urban fringes of wildland are questioning government regulations that restrict the amount of native brush they can cut down.... Yellowstone bison to get shots Some calves and yearling bison that test negative for exposure to brucellosis will be vaccinated against the contagious disease for the first time this winter, a wildlife biologist in Yellowstone National Park said Monday. "It's a step in trying to get to a disease-free population eventually," said Rick Wallen.... Yankton man fined for killing coyote An illegal coyote hunt in Wind Cave National Park has cost a Yankton man $425 in federal fines and restitution. Eugene Healy, 46, pleaded guilty Feb. 5 before U.S. Magistrate Judge Marshall Young of Rapid City to misdemeanor counts for firing a weapon and killing wildlife within a national park. Young ordered Healy to pay $50 in restitution and fined him $750, with $375 suspended, provided that Healy doesn't have any violations for one year.... Judge Blocks Yellowstone Snowmobile Ban Severe restrictions on snowmobiling in Yellowstone and Grand Teton national parks were blocked by a federal judge Tuesday, nearly two months after they were put in place. U.S. District Judge Clarence Brimmer in Wyoming ruled that the restrictions would cause irreparable harm to companies that rely on snowmobiling in the parks due to lost business. Brimmer issued a temporary restraining order against the restrictions and ordered the National Park Service to develop temporary rules for the rest of the 2004 season including use of cleaner, quieter snowmobiles. It was not immediately clear what the next legal step would be, or what rules would be in effect for the 2005 season.... NYT Editorial: An Environmental Deficit To the country's environmentalists, the most encouraging thing about President Bush's new budget is something that isn't there. Having painted himself into a fiscal corner, Mr. Bush has muted his support for an energy bill that would have disproportionately benefited large polluters with $31 billion in tax breaks and other incentives. This is good news, assuming that Congress heeds his call for restraint. In most other respects, the environment fared poorly in this budget — not surprising, given Mr. Bush's failure to mention the issue in his State of the Union address, but disheartening just the same. Though publicly uncomplaining, Michael Leavitt, the new administrator of the Environmental Protection Agency, has reason to be particularly aggrieved. Only two months into the job, he saw his budget whacked by $600 million, or 7 percent. Much has been made of the trims in his research budget. Of greater consequence to the country's near-term health were the 30 percent cuts to waste treatment programs and other clean water activities that are central to his agency's mission.... Bush Drilling Plan Brings Foes Together: Ranchers, hunters and environmentalists decry a bid to draw natural gas from New Mexico wilds The governor of New Mexico — leading an unusual alliance of ranchers, environmentalists, hunters and property-rights activists — has launched an election-year challenge to the Bush administration's energy policies, vowing to block a plan to drill for gas on a vast expanse of desert grasslands here. Gov. Bill Richardson's opposition represents the strongest signal to date that the Rocky Mountain West, long dependent on energy production, is having second thoughts about the administration's aggressive advocacy of oil and gas drilling.... Gas drilling forum held in ‘ground zero’ of Bush plan As natural gas development expands in the Rockies, affected residents in western Colorado will need a neutral site to discuss problems as they arise, a community activist said Monday during a regional forum in Garfield County. Garfield County is home to the Roan Plateau, described as “ground zero” in the Bush administration’s plan to boost energy development stateside.... Plateau protection called good economic sense A band of environmental groups was joined here Monday by area business owners to publicize their efforts to save the pristine wilderness atop Roan Plateau. They held a press conference in front of the Garfield County Courthouse to tout the benefits of using slant, or directional, drilling into the side of the plateau — which is located northwest of Rifle and fronted by a cliffside that dominates the landscape — instead of drilling directly down from the top.... Gas panel meeting draws hundreds With Power Point presentations, graphs and charts, the Colorado Oil and Gas Conservation Commission was well prepared for its quarterly northwest Colorado public meeting late Monday afternoon. But by the looks of things, the commission wasn’t prepared for the more than 200 landowners, ranchers, environmentalists and concerned citizens who crowded into the Garfield County Fairgrounds’ South Hall to attend the commission’s public forum — and voice their concerns.... Fossil site may soon see oil rigs on horizon Visitors to Dinosaur National Monument could soon see oil and gas rigs pumping away as they drive from the visitors center to the heart of the fossil preserve. The Bureau of Land Management, which owns land on the southern and western fringes of the monument, will offer 55 parcels of land in Colorado and Utah to oil and gas companies for drilling leases. The Colorado auction is Thursday and the Utah leases will be offered Feb. 18.... Utah Deal with Interior on Road Ownership is Illegal A deal between Utah and the Bush administration aimed at settling long-standing disputes over the ownership of federal roads violates federal law, according to a review by congressional lawyers released Tuesday. Interior Secretary Gale Norton and then-Gov. Mike Leavitt signed an agreement last year seeking to resolve longstanding disputes over whether roads that snake across Utah are owned by the state or federal government. It would have implemented an Interior plan to "disclaim" ownership of the disputed routes, and served as a model for settling similar disagreements over thousands of miles of roads across the West. But the General Accounting Office, which is Congress' investigative agency, said in a legal opinion that the Leavitt-Norton deal contradicts a demand by Congress that it have final say on the road disputes. At the same time, Interior's underlying plan to surrender ownership of the roads technically did not run afoul of the congressional prohibition, the GAO said.... Supermill open for business as forest sector rebounds The world's largest sawmill opened for business Monday in the northern B.C. town of Houston, sending the strongest signal yet that the province's forest industry is on the rebound. A $26.4-million capital upgrade in Canfor Corp.'s Houston sawmill has catapulted it into the class of supermills, turning out 600 million board feet of lumber a year and surpassing the production of a German sawmill that held the title until Monday. The high-speed mill produces 2,300 boards a minute, destined for markets in North America and Asia, Emerson said....Senate Republicans Agree to Slash Stalled Energy Bill Senate Republicans, hoping to salvage a stalled energy bill, said yesterday that they plan to more than halve the measure's tax breaks and other business incentives, cutting them from $31 billion to less than $14 billion over 10 years. But at a luncheon meeting of GOP senators, members balked at attaching the energy legislation to a pending transportation bill, which faces its own objections from key Republicans and the White House.... Easement completed on Dry Creek farm Another piece of Gallatin County's open-space protection puzzle snapped into place Tuesday when county commissioners approved a conservation easement on the largest piece of land to date. The price of the easement, which limits development on 1,572 acres of Wally and Patricia Brownell's farm, increased significantly since last March's initial estimates. But commissioners say taxpayers still got a great deal. Murdock joined Commissioner John Vincent in voting to spend $437,000 in open space bond money to pay for part of the easement. Commissioner Jennifer Smith Mitchell was at a Montana Association of Counties meeting in Billings. The county's share was $87,000 more than the $350,000 commissioners agreed to spend last spring. The price tag reflected the increased appraisal, from $1.4 million last spring to $2.17 million. In addition to the county's share of the total easement price, the Brownells will receive $537,000 from the federal Farmland Protection Program and another $100,000 from the Doris Duke Charitable Foundation. The Brownells donated more than $1 million of the easement's estimated value.... Split estate bill fails introduction A proposal to attempt to head off disputes between landowners and those who own the rights to oil and gas beneath the land by ensuring negotiations between the parties died in the Wyoming House on Tuesday. The defeat of House Bill 70, the "Surface Owners' Accommodation Act," also called the "split estate bill," was a victory for oil and gas industry representatives but a defeat for landowners and Gov. Dave Freudenthal, who urged passage of the bill.... Mad Cow Could Divide Cattle Industry After mad cow disease hit the United States, the cattle industry's dominant trade group stood behind the government's mandate for stricter regulations to ensure food safety. But down on the farm, some unhappy ranchers are breaking away from the National Cattlemen's Beef Association in a dispute over mandatory fees for marketing and labeling to distinguish U.S. beef. The clash has the potential to slow regulatory changes and strain relations with trading partners. After years of discontent, members of the South Dakota Stockgrowers Association voted to leave the national association in 2001, saying the group no longer meets the needs of small cattle ranchers. The New Mexico Cattle Growers' Association followed suit last December.... Jury asked to award cattlemen $2 billion in suit against Tyson A lawsuit accusing the nation's largest beef packer of price manipulation went to a jury Tuesday with a request that $2 billion in damages be awarded to cattlemen throughout the country. The suit accuses Tyson Fresh Meats Inc. of using contracts with select ranchers to create a captive supply of cattle that enabled the company to drive prices down. The company in closing arguments maintained instead that supply and demand drive the beef market. Concluding a monthlong trial, each side criticized the other's failure to produce concrete evidence and witnesses - even though eight years have passed since six cattlemen filed a class-action lawsuit on behalf of some 30,000 producers who sold cattle to Tyson, then known as IBP Inc., in the cash market between February 1994 and October 2002.... Runaway bull hurts 9 people at rodeo Nine people were injured Saturday when a bull kicked open a gate and stormed through a crowd of people at the 66th Annual Sells Rodeo and Fair on the Tohono O'odham Nation. Five people were hospitalized, but none of the injuries was life-threatening, according to a news release issued by the nation.... The LONG version — maintaining history through the Texas Longhorns There’s over 88 inches of air between their tips and, if you stand nearby for a long enough period of time, you’ll hear every superlative known to the English language, as well as a few in several other tongues. They belong to “Jimmy Shoulders” and corkscrew out on either side of the massive Texas Longhorn’s head in an impressive fashion — just what you’d expect from the 2004 National Western Grand Champion Steer. “They’re a part of the Old West, a part of our heritage. Longhorn cattle drives are what made our country what it is,” proclaims Gary Cole of New Mexico, a congenial Longhorn breeder and owner of the award winning “Jimmy Shoulders.” A veteran of 14 years riding rodeo roughstock and another 18 years astride polo ponies, Cole enjoys discussing the breed and why he raises them.... Rodeo brothers maintain lifestyle Growing up in a world-famous rodeo family can have its advantages. Just ask Jake and Jimmie Cooper. The 19-year-old twin sons of 1981 all-around world champion Jimmie Cooper are in their first year of pro team roping. Cousin Roy Cooper is also a former all-around world champion -- in 1983 -- and a six-time world champion calf-roper. "Our dad has given us wisdom and knowledge that a lot of rookies have to learn for themselves," Jimmie said. "And that has been a big advantage for us."....
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Monday, February 09, 2004
Feds seize family's ranch
When Kit Laney answered a knock on his door Saturday, law enforcement officers from the U.S. Forest Service handed him a piece of paper announcing his Diamond Bar Ranch in southwest New Mexico would be shut down Wednesday and his 300 head of cattle grazing there would be removed – one way or the other.
Other Forest Service officials were busy nailing similar notices on fence posts along the highway and informing neighbors that after Feb. 11, they should not attempt to enter the Diamond Bar property.
Laney was not surprised. He knew someday there would be an on-the-ground confrontation to enforce a 1997 court ruling which says his cattle are trespassing on federal land. That day has arrived....
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When Kit Laney answered a knock on his door Saturday, law enforcement officers from the U.S. Forest Service handed him a piece of paper announcing his Diamond Bar Ranch in southwest New Mexico would be shut down Wednesday and his 300 head of cattle grazing there would be removed – one way or the other.
Other Forest Service officials were busy nailing similar notices on fence posts along the highway and informing neighbors that after Feb. 11, they should not attempt to enter the Diamond Bar property.
Laney was not surprised. He knew someday there would be an on-the-ground confrontation to enforce a 1997 court ruling which says his cattle are trespassing on federal land. That day has arrived....
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NEWS ROUNDUP
Forest Service plans to limit ATV use nationwide Bush administration Forest Service Chief Dale Bosworth has laid out a vision that will ban cross-country travel in all national forests while asking each forest to develop a system of limited, designated trails and road routes for ATVs. Bosworth recently appointed a Forest Service ATV team composed of officials from several national forests. A draft plan is proposed for sometime this spring, and public input is expected this summer. Liz Close, regional Forest Service recreation director in Ogden, Utah, and a member of the national ATV team, said it's not clear when trails will be designated in each forest and when cross-country travel will be banned. But the ultimate goal isn't in doubt.... Forest Service attempts to clear Santa Fe forest of errant livestock The US Forest Service is warning those grazing livestock without permits in the Santa Fe National Forest to remove them or face impoundment. The agency has given people until February 16th to clear the Pecos-Las Vegas Ranger District of errant cattle, horses and sheep that have wandered onto the national forest. Michael Lujan -- acting range manager for the district -- says keeping unauthorized livestock off forest land is critical to protecting rangeland.... Ecologist calls for broader job for wildland firefighters Tim Ingalsbee wants to broaden the job of wildland firefighters, training crews how to set forest fires as well as put them out, and using those skills year-around. Ingalsbee is the director of the Western Fire Ecology Center for the American Lands Alliance in Eugene, Ore. He wants the government to use fire to return the forests to health rather than merely reacting by throwing money and firefighters at the flames.... A legendary mountain man Finding the right words is no easy feat to keep pace with the legend that Arthur Ryals created with every bootprint. Ryals was one of the few remaining links to other legendary mountain men of Darrington's rich history. He worked for the previous generation of mountain men, rangers such as Harold Engles and Nels Bruseth. He was a fire crew foreman, a trail builder for both the Civilian Conservation Corps and the U.S. Forest Service, with a stint in the Marines during World War II.... Column:Housing hurdles The planning commission staff report commands that, while the construction is going on, "all holes shall be covered at night" so as to prevent certain frogs or garter snakes from going into those holes and being trapped there when construction resumes the next day. In addition, the builders must construct "exclusionary fencing around the entire construction area" to try to keep out these frogs and garter snakes. In order to make sure that this is done, "a trained biologist or a trained on-site monitor should check the site daily" to see if any of these supposedly endangered species are present -- "and if any are found, construction should be halted until they disperse naturally." In other words, no shooing them away.... Extinction warning at biodiversity talks Tens of thousands of animals and plants are being driven to extinction as countries fail to meet conservation targets set more than a decade ago, U.N. officials said Monday at a major conference on biodiversity. Klaus Toepfer, executive director of the U.N. Environment Program, said human activities such as logging and overfishing are rapidly sending animal and plant species to oblivion. Many countries have failed to meet to commitments under the U.N.'s Convention on Biological Diversity, signed at the 1992 Earth Summit in Rio de Janeiro, Brazil.... Property-rights activist keeps watch on government regulators Behind Vivian Henderson's polite, soft-spoken manner is an intensity that makes her a force to be reckoned with. Henderson, 68, is the full-time -- yet unpaid -- director of Kitsap Alliance of Property Owners. Nothing gets her dander up more than a government bureaucrat trying to protect the environment by piling land-use rules onto the backs of property owners.... Denning up Gov. Dave Freudenthal and Wyoming's legislative leaders have plenty of questions about wolf management to ask the director of the U.S. Fish and Wildlife Service. As the state threatens to file suit over the issue, Steve Williams is headed to Cheyenne for an unprecedented closed-door meeting with them Tuesday.... Column: Rein in Endangered Species Act laws Arguably the biggest threat to agriculture interests in the West is the Endangered Species Act. Signed into law in 1972, the ESA's original purpose was to protect such species as the bald eagle and the manatee. Subsequent reauthorizations have expanded the scope of the act to the extent where over 1,200 species are now protected under federal law. In spite of several examples of significant recovery of various species -- including wolves in the northern Rockies -- very few of those animals have ever been removed or down-listed from endangered to threatened. Currently, and in spite of astounding population gains, environmental groups have filed lawsuits to block U.S. Fish and Wildlife Service efforts to down-list wolves from endangered to threatened....Soothing the Souls at Last The Indians have long tried to gain possession of the site and soothe the restless souls they say still wander it. About 20 years ago, the descendants of Sand Creek victims organized and sought ways to buy the land. In December, a businessman with ties to the tribes bought the massacre site and donated it to them. They in turn leased it to the National Park Service, which is creating the country's first national historic site dedicated solely to a massacre. "We are making history here," said Alexa Roberts, superintendent of the site. "This has been one of the most controversial episodes in the history of the West. It's like Little Bighorn, and among Indian tribal peoples it's never been forgotten.".... Badlands coyotes are being studied Officials with the National Park Service are studying coyotes in Badlands National Park to help with the reintroduction of another animal. About 30 swift foxes will be introduced in the Badlands each year during a three-year project. The swift fox, which typically weighs less than 5 pounds, was common throughout the Plains states until the late 1800s to early 1900s. South Dakota lists it as a threatened species. Greg Schroeder, restoration coordinator for the swift fox reintroduction project, said the swift fox tends to set up its home range outside of coyote home ranges, or on the edges of coyote ranges.... Top court urged to drop BLM Utah case The Bush administration is arguing that unless the U.S. Supreme Court overturns a Utah case it has agreed to hear, federal courts will soon take over the Interior Department's role as day-to-day managers of public lands. U.S. Solicitor General Theodore B. Olson filed a brief arguing that the 10th Circuit Court of Appeals erred when it sided with environmental groups in ruling that the Interior Department was not doing as much as required by law to protect wilderness-like areas in Utah from damage by off-road vehicles. They brought their suit under a section of the Administrative Procedure Act that allows suing "to compel any agency action unlawfully withheld or unreasonably delayed." Olson argues the 10th Circuit improperly expanded that to allow review of the adequacy of an agency's ongoing management — not just whether it is acting at all. Olson argues that a proper interpretation of the law should be that "although a court may direct an agency to act when action is clearly required by law, a court may not direct an agency how to act." He said if the lower court decision stands, it "would invite the district court improperly to substitute its judgment and discretion for those of the agency." He argued, "Such judicial intrusion into the responsibility of the executive branch is inconsistent with the separation of powers under the Constitution.".... Forest Service rejects grassland appeals The U.S. Forest Service has rejected all 16 formal appeals to a broad management plan that governs five national grasslands and two national forests in the Northern plains. Five of those appeals involved grazing or mineral leases in the Thunder Basin National Grassland. Among them, appeals by Campbell County and a coalbed methane gas company complained that portions of the revised Thunder Basin National Grassland resource management plan might unjustly impede oil and gas development.... Conservationists Appeal to Feds to Protect Otero Mesa from Reckless Drilling Earthjustice filed a formal protest with the federal Bureau of Land Management today to object to the government’s plan to allow oil and gas development in the Otero Mesa and Nutt grasslands in New Mexico. The public-interest law firm for the environment submitted comments on behalf of six conservation groups claiming that BLM has failed to include adequate environmental protection measures in its proposal. The grasslands at risk comprise more than a million acres of Chihuahuan Desert between Carlsbad, NM, and El Paso, TX. The BLM has attracted the ire of conservationists for proposing to open more than 90 percent of the area to oil and gas drilling. The groups, which include New Mexico Wilderness Alliance, Southwest Environmental Center, The Wilderness Society, World Wildlife Federation, New Mexico Wildlife Federation, and Sierra Club, also contend that the proposed plan neglects to require leasing conditions to protect plants and wildlife in the most environmentally sensitive areas.... N.M. mesa scene of new environmental fight The remote Otero Mesa in New Mexico is the new battleground in the Bush administration's push to open more public land to oil and gas development. A coalition of environmentalists, ranchers, sportsmen and even church groups wants to make a half million acres of the pristine grassland off-limits to drilling to preserve the wildlife, plants and precious ground water in the area.... Ranchers applaud grazing proposal The Bush administration plans to make it easier to graze livestock on 160 million acres of Western lands, cheering ranchers who want less interference from the government and environmentalists. But critics say the regulations would limit the government's ability to step in when environmental damage occurs. Federal officials say the new rules will help support the ranching culture that fuels many rural economies and serves as a bulwark against suburban sprawl.... Outfitter, author dies Howard Copenhaver, a pioneer outfitter in the Bob Marshall Wilderness who shared his wealth of experiences in four popular books and was the unofficial mayor of Ovando, died Feb. 6, just a month shy of his 90th birthday. He started packing visitors into the rugged backcountry of the Bob Marshall by mule string in the late 1920s, when it was known simply as the South Fork (of the Flathead.) The young conservationist, Bob Marshall, was just making a name for himself around that time with his marathon hikes there. Copenhaver shared those experiences and his knack for storytelling in four entertaining books that also include a wealth of local history. His books are "Copenhaver Country," "They Left Their Tracks," "More Tracks," and "Mule Tracks: The Last of the Story." His backcountry adventures - like the time he spent an entire day being chased up one tree after another by a grizzly bear that had claimed a hunting client's elk - provide much of the grist for Copenhaver's humorous tales.... USDA vets question agency's mad cow lab The federal laboratory in Ames, Iowa, that conducts all of the nation's tests for mad cow disease has a history of producing ambiguous and conflicting results -- to the point where many federal meat inspectors have lost confidence in it, Department of Agriculture veterinarians and a deer rancher told United Press International. The veterinarians also claim the facility -- part of the USDA and known as the National Veterinary Services Laboratories -- has refused to release testing results to them and has been so secretive some suspect it is covering up additional mad cow cases. Distrust of the NVSL is so widespread among USDA veterinarians and meat inspectors it limits mad cow disease surveillance "tremendously," said a veterinarian with more than 25 years of experience with the agency.... U.S. Ends Investigation of Mad Cow Case: Officials Fail to Find Two-Thirds of Animals at Risk of Infection Federal officials ended their investigation into the country's first case of mad cow disease yesterday after failing to locate almost two-thirds of the 80 cattle that had entered the United States from Canada with an infected Holstein. The 52 missing animals include 11 cows believed to be at higher risk because they were born about the same time as the Holstein and may have eaten the same contaminated feed. "The paper trail has gotten cold; we have not been able to trace those animals," said W. Ron DeHaven, chief veterinary officer at the Department of Agriculture. "Some of them very likely have gone to slaughter," he said. Although DeHaven said the seven-week investigation had been exceptionally successful -- "We never expected to be able to find all of them; it's remarkable we found as many as we did" -- the deputy USDA administrator had tried to soothe public fears in December by promising that most of the herd would be found alive.... Beef ban likely to last years: Report It will likely take years rather than months to get countries to reopen their borders to Canadian beef in the wake of the mad cow scare, says an internal assessment by the Canadian Food Inspection Agency. The document, obtained by The Canadian Press under Access to Information law, offers a bleak assessment of prospects for reversing import bans imposed by the United States and many other countries. Restrictions on beef exports "are unlikely to change very quickly (years rather than months) since an international consensus will be required to do this," it says.... Bulls, broncs, buckles and bended knees There are plenty of things in a cowboy’s life to keep him honest. Ones which come to mind the quickest are often those over which he has no control: bulls, broncs and whether he stays in one piece long enough to collect a buckle at the end. Another item less renowned is a choice the cowboy makes for himself — a bended knee. The Fellowship of Christian Cowboys (FCC) puts on a church service each week for those cowboys and cowgirls on the road competing in various events and unable to attend a church home of their own....
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Forest Service plans to limit ATV use nationwide Bush administration Forest Service Chief Dale Bosworth has laid out a vision that will ban cross-country travel in all national forests while asking each forest to develop a system of limited, designated trails and road routes for ATVs. Bosworth recently appointed a Forest Service ATV team composed of officials from several national forests. A draft plan is proposed for sometime this spring, and public input is expected this summer. Liz Close, regional Forest Service recreation director in Ogden, Utah, and a member of the national ATV team, said it's not clear when trails will be designated in each forest and when cross-country travel will be banned. But the ultimate goal isn't in doubt.... Forest Service attempts to clear Santa Fe forest of errant livestock The US Forest Service is warning those grazing livestock without permits in the Santa Fe National Forest to remove them or face impoundment. The agency has given people until February 16th to clear the Pecos-Las Vegas Ranger District of errant cattle, horses and sheep that have wandered onto the national forest. Michael Lujan -- acting range manager for the district -- says keeping unauthorized livestock off forest land is critical to protecting rangeland.... Ecologist calls for broader job for wildland firefighters Tim Ingalsbee wants to broaden the job of wildland firefighters, training crews how to set forest fires as well as put them out, and using those skills year-around. Ingalsbee is the director of the Western Fire Ecology Center for the American Lands Alliance in Eugene, Ore. He wants the government to use fire to return the forests to health rather than merely reacting by throwing money and firefighters at the flames.... A legendary mountain man Finding the right words is no easy feat to keep pace with the legend that Arthur Ryals created with every bootprint. Ryals was one of the few remaining links to other legendary mountain men of Darrington's rich history. He worked for the previous generation of mountain men, rangers such as Harold Engles and Nels Bruseth. He was a fire crew foreman, a trail builder for both the Civilian Conservation Corps and the U.S. Forest Service, with a stint in the Marines during World War II.... Column:Housing hurdles The planning commission staff report commands that, while the construction is going on, "all holes shall be covered at night" so as to prevent certain frogs or garter snakes from going into those holes and being trapped there when construction resumes the next day. In addition, the builders must construct "exclusionary fencing around the entire construction area" to try to keep out these frogs and garter snakes. In order to make sure that this is done, "a trained biologist or a trained on-site monitor should check the site daily" to see if any of these supposedly endangered species are present -- "and if any are found, construction should be halted until they disperse naturally." In other words, no shooing them away.... Extinction warning at biodiversity talks Tens of thousands of animals and plants are being driven to extinction as countries fail to meet conservation targets set more than a decade ago, U.N. officials said Monday at a major conference on biodiversity. Klaus Toepfer, executive director of the U.N. Environment Program, said human activities such as logging and overfishing are rapidly sending animal and plant species to oblivion. Many countries have failed to meet to commitments under the U.N.'s Convention on Biological Diversity, signed at the 1992 Earth Summit in Rio de Janeiro, Brazil.... Property-rights activist keeps watch on government regulators Behind Vivian Henderson's polite, soft-spoken manner is an intensity that makes her a force to be reckoned with. Henderson, 68, is the full-time -- yet unpaid -- director of Kitsap Alliance of Property Owners. Nothing gets her dander up more than a government bureaucrat trying to protect the environment by piling land-use rules onto the backs of property owners.... Denning up Gov. Dave Freudenthal and Wyoming's legislative leaders have plenty of questions about wolf management to ask the director of the U.S. Fish and Wildlife Service. As the state threatens to file suit over the issue, Steve Williams is headed to Cheyenne for an unprecedented closed-door meeting with them Tuesday.... Column: Rein in Endangered Species Act laws Arguably the biggest threat to agriculture interests in the West is the Endangered Species Act. Signed into law in 1972, the ESA's original purpose was to protect such species as the bald eagle and the manatee. Subsequent reauthorizations have expanded the scope of the act to the extent where over 1,200 species are now protected under federal law. In spite of several examples of significant recovery of various species -- including wolves in the northern Rockies -- very few of those animals have ever been removed or down-listed from endangered to threatened. Currently, and in spite of astounding population gains, environmental groups have filed lawsuits to block U.S. Fish and Wildlife Service efforts to down-list wolves from endangered to threatened....Soothing the Souls at Last The Indians have long tried to gain possession of the site and soothe the restless souls they say still wander it. About 20 years ago, the descendants of Sand Creek victims organized and sought ways to buy the land. In December, a businessman with ties to the tribes bought the massacre site and donated it to them. They in turn leased it to the National Park Service, which is creating the country's first national historic site dedicated solely to a massacre. "We are making history here," said Alexa Roberts, superintendent of the site. "This has been one of the most controversial episodes in the history of the West. It's like Little Bighorn, and among Indian tribal peoples it's never been forgotten.".... Badlands coyotes are being studied Officials with the National Park Service are studying coyotes in Badlands National Park to help with the reintroduction of another animal. About 30 swift foxes will be introduced in the Badlands each year during a three-year project. The swift fox, which typically weighs less than 5 pounds, was common throughout the Plains states until the late 1800s to early 1900s. South Dakota lists it as a threatened species. Greg Schroeder, restoration coordinator for the swift fox reintroduction project, said the swift fox tends to set up its home range outside of coyote home ranges, or on the edges of coyote ranges.... Top court urged to drop BLM Utah case The Bush administration is arguing that unless the U.S. Supreme Court overturns a Utah case it has agreed to hear, federal courts will soon take over the Interior Department's role as day-to-day managers of public lands. U.S. Solicitor General Theodore B. Olson filed a brief arguing that the 10th Circuit Court of Appeals erred when it sided with environmental groups in ruling that the Interior Department was not doing as much as required by law to protect wilderness-like areas in Utah from damage by off-road vehicles. They brought their suit under a section of the Administrative Procedure Act that allows suing "to compel any agency action unlawfully withheld or unreasonably delayed." Olson argues the 10th Circuit improperly expanded that to allow review of the adequacy of an agency's ongoing management — not just whether it is acting at all. Olson argues that a proper interpretation of the law should be that "although a court may direct an agency to act when action is clearly required by law, a court may not direct an agency how to act." He said if the lower court decision stands, it "would invite the district court improperly to substitute its judgment and discretion for those of the agency." He argued, "Such judicial intrusion into the responsibility of the executive branch is inconsistent with the separation of powers under the Constitution.".... Forest Service rejects grassland appeals The U.S. Forest Service has rejected all 16 formal appeals to a broad management plan that governs five national grasslands and two national forests in the Northern plains. Five of those appeals involved grazing or mineral leases in the Thunder Basin National Grassland. Among them, appeals by Campbell County and a coalbed methane gas company complained that portions of the revised Thunder Basin National Grassland resource management plan might unjustly impede oil and gas development.... Conservationists Appeal to Feds to Protect Otero Mesa from Reckless Drilling Earthjustice filed a formal protest with the federal Bureau of Land Management today to object to the government’s plan to allow oil and gas development in the Otero Mesa and Nutt grasslands in New Mexico. The public-interest law firm for the environment submitted comments on behalf of six conservation groups claiming that BLM has failed to include adequate environmental protection measures in its proposal. The grasslands at risk comprise more than a million acres of Chihuahuan Desert between Carlsbad, NM, and El Paso, TX. The BLM has attracted the ire of conservationists for proposing to open more than 90 percent of the area to oil and gas drilling. The groups, which include New Mexico Wilderness Alliance, Southwest Environmental Center, The Wilderness Society, World Wildlife Federation, New Mexico Wildlife Federation, and Sierra Club, also contend that the proposed plan neglects to require leasing conditions to protect plants and wildlife in the most environmentally sensitive areas.... N.M. mesa scene of new environmental fight The remote Otero Mesa in New Mexico is the new battleground in the Bush administration's push to open more public land to oil and gas development. A coalition of environmentalists, ranchers, sportsmen and even church groups wants to make a half million acres of the pristine grassland off-limits to drilling to preserve the wildlife, plants and precious ground water in the area.... Ranchers applaud grazing proposal The Bush administration plans to make it easier to graze livestock on 160 million acres of Western lands, cheering ranchers who want less interference from the government and environmentalists. But critics say the regulations would limit the government's ability to step in when environmental damage occurs. Federal officials say the new rules will help support the ranching culture that fuels many rural economies and serves as a bulwark against suburban sprawl.... Outfitter, author dies Howard Copenhaver, a pioneer outfitter in the Bob Marshall Wilderness who shared his wealth of experiences in four popular books and was the unofficial mayor of Ovando, died Feb. 6, just a month shy of his 90th birthday. He started packing visitors into the rugged backcountry of the Bob Marshall by mule string in the late 1920s, when it was known simply as the South Fork (of the Flathead.) The young conservationist, Bob Marshall, was just making a name for himself around that time with his marathon hikes there. Copenhaver shared those experiences and his knack for storytelling in four entertaining books that also include a wealth of local history. His books are "Copenhaver Country," "They Left Their Tracks," "More Tracks," and "Mule Tracks: The Last of the Story." His backcountry adventures - like the time he spent an entire day being chased up one tree after another by a grizzly bear that had claimed a hunting client's elk - provide much of the grist for Copenhaver's humorous tales.... USDA vets question agency's mad cow lab The federal laboratory in Ames, Iowa, that conducts all of the nation's tests for mad cow disease has a history of producing ambiguous and conflicting results -- to the point where many federal meat inspectors have lost confidence in it, Department of Agriculture veterinarians and a deer rancher told United Press International. The veterinarians also claim the facility -- part of the USDA and known as the National Veterinary Services Laboratories -- has refused to release testing results to them and has been so secretive some suspect it is covering up additional mad cow cases. Distrust of the NVSL is so widespread among USDA veterinarians and meat inspectors it limits mad cow disease surveillance "tremendously," said a veterinarian with more than 25 years of experience with the agency.... U.S. Ends Investigation of Mad Cow Case: Officials Fail to Find Two-Thirds of Animals at Risk of Infection Federal officials ended their investigation into the country's first case of mad cow disease yesterday after failing to locate almost two-thirds of the 80 cattle that had entered the United States from Canada with an infected Holstein. The 52 missing animals include 11 cows believed to be at higher risk because they were born about the same time as the Holstein and may have eaten the same contaminated feed. "The paper trail has gotten cold; we have not been able to trace those animals," said W. Ron DeHaven, chief veterinary officer at the Department of Agriculture. "Some of them very likely have gone to slaughter," he said. Although DeHaven said the seven-week investigation had been exceptionally successful -- "We never expected to be able to find all of them; it's remarkable we found as many as we did" -- the deputy USDA administrator had tried to soothe public fears in December by promising that most of the herd would be found alive.... Beef ban likely to last years: Report It will likely take years rather than months to get countries to reopen their borders to Canadian beef in the wake of the mad cow scare, says an internal assessment by the Canadian Food Inspection Agency. The document, obtained by The Canadian Press under Access to Information law, offers a bleak assessment of prospects for reversing import bans imposed by the United States and many other countries. Restrictions on beef exports "are unlikely to change very quickly (years rather than months) since an international consensus will be required to do this," it says.... Bulls, broncs, buckles and bended knees There are plenty of things in a cowboy’s life to keep him honest. Ones which come to mind the quickest are often those over which he has no control: bulls, broncs and whether he stays in one piece long enough to collect a buckle at the end. Another item less renowned is a choice the cowboy makes for himself — a bended knee. The Fellowship of Christian Cowboys (FCC) puts on a church service each week for those cowboys and cowgirls on the road competing in various events and unable to attend a church home of their own....
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NEWS ROUNDUP
Forest Service officials detail proposed Canada lynx rules A seldom-seen forest cat known for its tufted ears and large paws that work like snowshoes for hunting winter prey is getting more attention lately in the northern Rocky Mountains. Forest Service officials are in Montana, Idaho and Wyoming towns this month to explain proposed new conservation rules for Canada lynx, listed as a threatened species in 2000. Last month, federal land managers rolled out a draft Environmental Impact Statement that says what measures might be taken to conserve and protect lynx and their habitat: some 18.5 million acres of public lands, including portions of the Bitterroot National Forest.... Grizzly study spawned controversial road policy When Rick Mace started following grizzly bear movements and monitoring traffic on roads in the South Fork of the Flathead, he had scant reason to suspect his research would fuel the most controversial policy on the Flathead National Forest. The influence of roads on bears, after all, was the study's fifth priority. But that changed quickly, even before the study was finished.... Species Protection Threatened By Water-Rights Ruling An effort to save two rare fish in California's Central Valley more than a decade ago now could jeopardize the federal government's ability to protect threatened or endangered species. In December, a federal judge in Washington, D.C., awarded $26 million to a group of California farmers for the early 1990s water diversion, ruling that the farmers were entitled to compensation for the water they lost. If the judgment survives expected legal challenges, the government could find itself forced to pay millions more for efforts to protect endangered fish. That would have implications across the West, where the federal government often clashes with property owners in attempts to save species on the brink of extinction. Along the California-Oregon border, for example, a similar court case could leave the government with a $100 million bill for water diverted from farmers in 2001 for species protection.... ID tags proposed for OHVs A bill that would require off-highway vehicle (OHV) users to affix identification numbers to their machines was passed out of the Senate Transportation and Public Utilities and Technology Standing Committee on Friday. Sen. Thomas Hatch, R-Panguitch, sponsor of Senate Bill 166, says his bill is a response to the growing toll that off-road vehicle violators are taking on the back country. Providing "an easily identifiable way" to track down such offenders should act as a deterrent, he told committee members.... Grouse vanishing as tide ebbs on ‘sagebrush sea’: Restrictions could be placed on grazing, hunting and farming The sagebrush of the American West is finally commanding respect. Long derided, degraded, dug up and burned, the fate of the native plant that once spread across 155 million acres has prompted a stepped-up conservation effort from Owyhee County to the Bush administration. Twenty-one environmental groups filed a petition in December calling to list sage grouse as an endangered species. That action has accelerated efforts to preserve sagebrush ecosystems on which the birds depend across 11 Western states and Canada.... Forest Service critics say not all forest fires need to be extinguished But the real problem, said Andy Stahl, executive director of Forest Service Employees for Environmental Ethics, was not addressed in the investigation: The Forest Service fights too many fires. ‘‘Why did they choose to fight that fire in the first place?'' he asked. ‘‘It was in the middle of a roadless area next to a wilderness area. There were no homes or communities that stood to be harmed. Fire was the best thing that could have happened to the ecology.''.... The bear market As interest in exploring and living in wilder parts of the West grows, so does the potential for conflict between people and bears. That hasn't been lost on entrepreneurs such as Pride Johnson, who sees profit in bear deterrence. "Bears. That's our livelihood," said Johnson, president of Counter Assault, a Kalispell, Mont.-based company that specializes in bear products, including industrial-size pepper spray canisters with a 30-foot range and a new line of backpack-size, bear-resistant food containers.... County, agriculture board discuss possible wolf policiesCounty commissioners sought a local farming and ranching board's recommendation on wolves, and last week were told ag producers ought to be able to handle any attacks on livestock like they can domestic dogs under Montana law, with lethal defense. Ravalli County Commissioners, prompted by an e-mail last month from a Pray man asking Montana's 56 counties to adopt tough stances toward gray wolves managed by the federal government, including declaring the federally protected species predators, asked the county's Right to Farm and Ranch Board for input. Meeting with commissioners Thursday, board members said "local control is crucial to the protection of livestock." One Montana law cited by the board essentially says domestic dogs that harass, destroy or injure livestock may be killed immediately by the livestock owner, his agent or employee.... Delegation urges feds to be flexible on wolves Wyoming’s congressional delegation wants federal officials to work with the state on its plan to manage wolves. Sens. Craig Thomas and Mike Enzi met Thursday with Steve Williams, director of the U.S. Fish and Wildlife Service, who is expected to discuss the issue with state lawmakers next week in Cheyenne. Enzi said it could be possible to adjust the plan’s wording without changing the spirit of it. “Wyoming took an honest and forthright approach by calling the wolf a predator in its plan,” he said. “Montana, however, chose to avoid this classification in its plan, but I believe in practice it allows wolves to be managed as predators.”.... BNSF applies for grizzly bear ‘take’ permit Burlington Northern Santa Fe Railway is applying for an “incidental take permit” under the Endangered Species Act to legalize the grizzly bear deaths its trains cause along the southern edge of Glacier National Park.... Parks officials, activists look at limiting visitors to Yosemite The National Park Service, environmentalists, visitors and businesses around Yosemite have discussed aspects of this question for decades without much resolution. A federal appeals court told the Park Service the time has come to answer. Last fall, the 9th U.S. Circuit Court of Appeals said Yosemite officials must figure out how many people can use the Merced River, part of which runs through the heart of Yosemite Valley. Park planners must come up with a "carrying capacity" for visitors at the Merced. The capacity may involve the 7-square-mile valley as well, since the river is the central feature in this glacial valley.... Park studies ways to trim elk numbers Releasing wolves and allowing hunting were two of the suggestions from more than 1,100 people and organizations on managing the growing number of elk in Rocky Mountain National Park. Park managers are developing a plan to reduce the size of the herd, which biologists say is too large. Between 3,000 and 4,000 elk migrate in and out of the park. About 90 percent of the comments agreed that the herd needs to be controlled.... Nevada panel votes to pursue lawsuit over wild horse program Nevada's Wildlife Commission has voted to recommend filing a lawsuit accusing the Bureau of Land Management of mismanaging the state's 18,000 wild horses and burros. The nine-member commission on Friday voted unanimously to request the state Attorney General's office file a lawsuit that claims failures with the BLM's program have led to the degradation of Nevada's ranges.... BLM voids Robbins' grazing deal The Bureau of Land Management has voided a controversial settlement agreement with Thermopolis-area rancher Harvey Frank Robbins Jr., after Robbins was cited for willful trespass of cattle, officials and attorneys involved in the dispute say. Conservationists lauded the move, Robbins' attorney criticized it and filed a lawsuit, and BLM officials said they still hope to work with Robbins in the future. Robbins' attorney, Karen Budd-Falen of Cheyenne, filed a complaint in U.S. District Court on Friday afternoon seeking a preliminary and/or permanent injunction preventing the BLM from voiding the settlement agreement.... Mining company buys ranch in monument, hopes for exchange The U.S. Bureau of Land Management hasn’t decided whether to move forward with a study of a land exchange that would allow the agency to acquire the 200-acre Horseshoe Ranch in the heart of the Agua Fria National Monument in southeastern Yavapai County. Red Mountain Mining Inc. of Mesa closed escrow this month on the Horseshoe Ranch with hopes of trading it for a Bureau of Land Management (BLM) parcel in Mesa. Red Mountain made a down payment of $1.5 million toward the $3.5 million ranch sale price.... Column: Proposed legislation ignores the basics Perhaps the most egregious aspect of the bill for the West is the way it needlessly subsidizes already-developed and profitable technologies, especially coalbed methane, at the expense of our environment. The bill would authorize a long industry wish list of "reforms" to our federal land management regulations in the name of "streamlining" access to federal lands and removing "impediments" in environmental laws. Here is just one of many examples: Sections 327 and 328 exempt drilling for energy minerals from important provisions of the Safe Drinking Water Act and Clean Water Act, allowing, among other things, companies to inject diesel fuel into aquifers without regulation.... Off-roading gets official push On Saturday, he urged California to make more public lands available for a tidal wave of interest in his sport. About 500,000 off-road enthusiasts crowded the deserts in Riverside, San Bernardino, Kern and Imperial counties over the last Thanksgiving weekend, giving a portent of the swelling interest, according to Waldheim, commissioner of the state Off-Highway Motor Vehicle Division of the state Department of Recreation. "California recreation agencies never saw so many people," said Waldheim, a Glendale resident. "They were riding motorcycles, riding rails, riding Jeeps.".... White House reviews how agencies get their facts So it's no surprise that a proposed overhaul of the way the government handles the scientific information used to support its vast net of regulations has raised a storm of controversy and sharp divisions among scientists, professors, bureaucrats, environmental and public health groups and industry organizations. The proposal, by the Office of Management and Budget, seeks to change the peer review process, which is the way scientific studies are reviewed by independent experts and given the seal of approval. It would give OMB officials the power to apply standard rules throughout government, whereas every agency now seems to conduct peer review its own way.... Editorial: Federal inaction leaves states to scramble on environment New studies show mercury that falls into water can build up in fish, creating a health hazard for people who eat them. But the federal government has failed to adopt tough curbs. So last week, five Great Lakes states announced a joint effort to reduce toxic mercury pollution spewed by coal-burning power plants in the region. The Great Lakes campaign is the latest example of states setting their own environmental standards — from conserving electricity to combating air pollution — in response to years of inaction by Washington. The trend has accelerated recently as the Bush administration has rolled back air, water and other environmental regulations it says hurt businesses and cost jobs. Federal officials contend that environmental decisions often are best left to states, to be based on their own interests.... Land deal would smooth way for transfer of water The Imperial Irrigation District has agreed to spend $77.29 million to buy nearly 42,000 acres of farmland in the Imperial Valley from U.S. Filter Corp., a deal that will give the district far more control over an historic plan to transfer 30 million acre-feet of water from agricultural to urban uses over the next 75 years. The purchase of Western Farms was approved Thursday by the district's board of directors. The deal will make it the largest landholder in the county. It also signals the end of a 15-year attempt by private interests to get control of significant water rights in the Imperial Valley and profit from them.... Beckwourth Trail area may be sold When history buff David Hollecker points to the last endangered remnant of the Beckwourth Trail in Golden Valley, images of the early pioneers spring to life. In 1851, the first wagon trains on the Beckwourth Trail to California left the green grass and the clear water of the Truckee Meadows. They climbed north on a rocky road, now U.S. 395, to the next watering hole north at the base of Peavine Peak. According to one immigrant’s account in 1852, his steers had eaten so much grass they even looked bigger. As published in California newspapers, Mr. Fairchild wrote the grass has “sweld them out so I fear the skin will split if we don’t drive on.”.... Judge orders rancher's body exhumed A judge has ordered a South Texas rancher's body exhumed in a lawsuit to determine paternity and a related claim to the 400,000-acre ranch. The remains of John G. Kenedy Jr., scion of one of the region's most fabled and wealthy pioneer families, must be exhumed by Feb. 28, according to State District Judge Guy Herman in Austin. The order came in a lawsuit filed by Dr. Ray Fernandez, now the Nueces County medical examiner, and his mother, Ann Fernandez, claiming that the man in the grave was her father. Kenedy had no known heirs when he died in 1948 and was believed to be sterile. His childless sister, Sarita Kenedy East, died 13 years later, apparently ending the family line, and triggering a legal free-for-all over the enormous estate.... South Texan rattles skeletons in a famous closet In a book about the Kenedys, "If You Love Me, You Will Do My Will," by Stephen Michaud and Hugh Aynesworth, he is cast as a hard-drinking roughhousing rascal who once, while an undergraduate, ventured to the land of the Mormons after hearing accounts of polygamy. "Mistaking a religious-based practice for promiscuity, he and a pal took a train out to Salt Lake City to sample this imagined lotus land of unfettered carnality," and his father had to send private detectives to bring him back, Michaud and Aynesworth wrote. Another account featured the young Kenedy in Washington, where he and his inebriated buddies shot out street lamps around Capitol Hill with hunting rifles.... The ultimate cold-case file It's a classic Old West showdown, a ruckus involving righteous sheriffs and brazen outlaws, but with a modern-day twist: The weapons are not six-shooters but DNA samples. Billy the Kid is being raised from the dead, figuratively and maybe even literally. A group of lawmen in New Mexico, with the support of the governor, is seeking to exhume long-buried bodies to resolve a running dispute over Billy the Kid, the young-gun outlaw who, most historians and countless books, movies and songs agree, was shot dead here in 1881 by Sheriff Pat Garrett. Or was he? "There is reasonable doubt," says Tom Sullivan, who holds Garrett's old job as sheriff of Lincoln County. "We'd just like to know the truth.".... Brazile ties down first title in Fort Worth Sunday was a special day for Trevor Brazile, the reigning world all-around champion cowboy. It was a day when the Decatur cowboy came back to Will Rogers Coliseum and won his first tie-down roping championship at the Southwestern Exposition and Livestock Show Rodeo, where he spent a lot of time in his youth. Brazile, who grew up in nearby Krum, said he remembered skipping school and coming to watch the ropers during slack. "I always wanted to be here and win it," he said. "And now it happened."....
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Forest Service officials detail proposed Canada lynx rules A seldom-seen forest cat known for its tufted ears and large paws that work like snowshoes for hunting winter prey is getting more attention lately in the northern Rocky Mountains. Forest Service officials are in Montana, Idaho and Wyoming towns this month to explain proposed new conservation rules for Canada lynx, listed as a threatened species in 2000. Last month, federal land managers rolled out a draft Environmental Impact Statement that says what measures might be taken to conserve and protect lynx and their habitat: some 18.5 million acres of public lands, including portions of the Bitterroot National Forest.... Grizzly study spawned controversial road policy When Rick Mace started following grizzly bear movements and monitoring traffic on roads in the South Fork of the Flathead, he had scant reason to suspect his research would fuel the most controversial policy on the Flathead National Forest. The influence of roads on bears, after all, was the study's fifth priority. But that changed quickly, even before the study was finished.... Species Protection Threatened By Water-Rights Ruling An effort to save two rare fish in California's Central Valley more than a decade ago now could jeopardize the federal government's ability to protect threatened or endangered species. In December, a federal judge in Washington, D.C., awarded $26 million to a group of California farmers for the early 1990s water diversion, ruling that the farmers were entitled to compensation for the water they lost. If the judgment survives expected legal challenges, the government could find itself forced to pay millions more for efforts to protect endangered fish. That would have implications across the West, where the federal government often clashes with property owners in attempts to save species on the brink of extinction. Along the California-Oregon border, for example, a similar court case could leave the government with a $100 million bill for water diverted from farmers in 2001 for species protection.... ID tags proposed for OHVs A bill that would require off-highway vehicle (OHV) users to affix identification numbers to their machines was passed out of the Senate Transportation and Public Utilities and Technology Standing Committee on Friday. Sen. Thomas Hatch, R-Panguitch, sponsor of Senate Bill 166, says his bill is a response to the growing toll that off-road vehicle violators are taking on the back country. Providing "an easily identifiable way" to track down such offenders should act as a deterrent, he told committee members.... Grouse vanishing as tide ebbs on ‘sagebrush sea’: Restrictions could be placed on grazing, hunting and farming The sagebrush of the American West is finally commanding respect. Long derided, degraded, dug up and burned, the fate of the native plant that once spread across 155 million acres has prompted a stepped-up conservation effort from Owyhee County to the Bush administration. Twenty-one environmental groups filed a petition in December calling to list sage grouse as an endangered species. That action has accelerated efforts to preserve sagebrush ecosystems on which the birds depend across 11 Western states and Canada.... Forest Service critics say not all forest fires need to be extinguished But the real problem, said Andy Stahl, executive director of Forest Service Employees for Environmental Ethics, was not addressed in the investigation: The Forest Service fights too many fires. ‘‘Why did they choose to fight that fire in the first place?'' he asked. ‘‘It was in the middle of a roadless area next to a wilderness area. There were no homes or communities that stood to be harmed. Fire was the best thing that could have happened to the ecology.''.... The bear market As interest in exploring and living in wilder parts of the West grows, so does the potential for conflict between people and bears. That hasn't been lost on entrepreneurs such as Pride Johnson, who sees profit in bear deterrence. "Bears. That's our livelihood," said Johnson, president of Counter Assault, a Kalispell, Mont.-based company that specializes in bear products, including industrial-size pepper spray canisters with a 30-foot range and a new line of backpack-size, bear-resistant food containers.... County, agriculture board discuss possible wolf policiesCounty commissioners sought a local farming and ranching board's recommendation on wolves, and last week were told ag producers ought to be able to handle any attacks on livestock like they can domestic dogs under Montana law, with lethal defense. Ravalli County Commissioners, prompted by an e-mail last month from a Pray man asking Montana's 56 counties to adopt tough stances toward gray wolves managed by the federal government, including declaring the federally protected species predators, asked the county's Right to Farm and Ranch Board for input. Meeting with commissioners Thursday, board members said "local control is crucial to the protection of livestock." One Montana law cited by the board essentially says domestic dogs that harass, destroy or injure livestock may be killed immediately by the livestock owner, his agent or employee.... Delegation urges feds to be flexible on wolves Wyoming’s congressional delegation wants federal officials to work with the state on its plan to manage wolves. Sens. Craig Thomas and Mike Enzi met Thursday with Steve Williams, director of the U.S. Fish and Wildlife Service, who is expected to discuss the issue with state lawmakers next week in Cheyenne. Enzi said it could be possible to adjust the plan’s wording without changing the spirit of it. “Wyoming took an honest and forthright approach by calling the wolf a predator in its plan,” he said. “Montana, however, chose to avoid this classification in its plan, but I believe in practice it allows wolves to be managed as predators.”.... BNSF applies for grizzly bear ‘take’ permit Burlington Northern Santa Fe Railway is applying for an “incidental take permit” under the Endangered Species Act to legalize the grizzly bear deaths its trains cause along the southern edge of Glacier National Park.... Parks officials, activists look at limiting visitors to Yosemite The National Park Service, environmentalists, visitors and businesses around Yosemite have discussed aspects of this question for decades without much resolution. A federal appeals court told the Park Service the time has come to answer. Last fall, the 9th U.S. Circuit Court of Appeals said Yosemite officials must figure out how many people can use the Merced River, part of which runs through the heart of Yosemite Valley. Park planners must come up with a "carrying capacity" for visitors at the Merced. The capacity may involve the 7-square-mile valley as well, since the river is the central feature in this glacial valley.... Park studies ways to trim elk numbers Releasing wolves and allowing hunting were two of the suggestions from more than 1,100 people and organizations on managing the growing number of elk in Rocky Mountain National Park. Park managers are developing a plan to reduce the size of the herd, which biologists say is too large. Between 3,000 and 4,000 elk migrate in and out of the park. About 90 percent of the comments agreed that the herd needs to be controlled.... Nevada panel votes to pursue lawsuit over wild horse program Nevada's Wildlife Commission has voted to recommend filing a lawsuit accusing the Bureau of Land Management of mismanaging the state's 18,000 wild horses and burros. The nine-member commission on Friday voted unanimously to request the state Attorney General's office file a lawsuit that claims failures with the BLM's program have led to the degradation of Nevada's ranges.... BLM voids Robbins' grazing deal The Bureau of Land Management has voided a controversial settlement agreement with Thermopolis-area rancher Harvey Frank Robbins Jr., after Robbins was cited for willful trespass of cattle, officials and attorneys involved in the dispute say. Conservationists lauded the move, Robbins' attorney criticized it and filed a lawsuit, and BLM officials said they still hope to work with Robbins in the future. Robbins' attorney, Karen Budd-Falen of Cheyenne, filed a complaint in U.S. District Court on Friday afternoon seeking a preliminary and/or permanent injunction preventing the BLM from voiding the settlement agreement.... Mining company buys ranch in monument, hopes for exchange The U.S. Bureau of Land Management hasn’t decided whether to move forward with a study of a land exchange that would allow the agency to acquire the 200-acre Horseshoe Ranch in the heart of the Agua Fria National Monument in southeastern Yavapai County. Red Mountain Mining Inc. of Mesa closed escrow this month on the Horseshoe Ranch with hopes of trading it for a Bureau of Land Management (BLM) parcel in Mesa. Red Mountain made a down payment of $1.5 million toward the $3.5 million ranch sale price.... Column: Proposed legislation ignores the basics Perhaps the most egregious aspect of the bill for the West is the way it needlessly subsidizes already-developed and profitable technologies, especially coalbed methane, at the expense of our environment. The bill would authorize a long industry wish list of "reforms" to our federal land management regulations in the name of "streamlining" access to federal lands and removing "impediments" in environmental laws. Here is just one of many examples: Sections 327 and 328 exempt drilling for energy minerals from important provisions of the Safe Drinking Water Act and Clean Water Act, allowing, among other things, companies to inject diesel fuel into aquifers without regulation.... Off-roading gets official push On Saturday, he urged California to make more public lands available for a tidal wave of interest in his sport. About 500,000 off-road enthusiasts crowded the deserts in Riverside, San Bernardino, Kern and Imperial counties over the last Thanksgiving weekend, giving a portent of the swelling interest, according to Waldheim, commissioner of the state Off-Highway Motor Vehicle Division of the state Department of Recreation. "California recreation agencies never saw so many people," said Waldheim, a Glendale resident. "They were riding motorcycles, riding rails, riding Jeeps.".... White House reviews how agencies get their facts So it's no surprise that a proposed overhaul of the way the government handles the scientific information used to support its vast net of regulations has raised a storm of controversy and sharp divisions among scientists, professors, bureaucrats, environmental and public health groups and industry organizations. The proposal, by the Office of Management and Budget, seeks to change the peer review process, which is the way scientific studies are reviewed by independent experts and given the seal of approval. It would give OMB officials the power to apply standard rules throughout government, whereas every agency now seems to conduct peer review its own way.... Editorial: Federal inaction leaves states to scramble on environment New studies show mercury that falls into water can build up in fish, creating a health hazard for people who eat them. But the federal government has failed to adopt tough curbs. So last week, five Great Lakes states announced a joint effort to reduce toxic mercury pollution spewed by coal-burning power plants in the region. The Great Lakes campaign is the latest example of states setting their own environmental standards — from conserving electricity to combating air pollution — in response to years of inaction by Washington. The trend has accelerated recently as the Bush administration has rolled back air, water and other environmental regulations it says hurt businesses and cost jobs. Federal officials contend that environmental decisions often are best left to states, to be based on their own interests.... Land deal would smooth way for transfer of water The Imperial Irrigation District has agreed to spend $77.29 million to buy nearly 42,000 acres of farmland in the Imperial Valley from U.S. Filter Corp., a deal that will give the district far more control over an historic plan to transfer 30 million acre-feet of water from agricultural to urban uses over the next 75 years. The purchase of Western Farms was approved Thursday by the district's board of directors. The deal will make it the largest landholder in the county. It also signals the end of a 15-year attempt by private interests to get control of significant water rights in the Imperial Valley and profit from them.... Beckwourth Trail area may be sold When history buff David Hollecker points to the last endangered remnant of the Beckwourth Trail in Golden Valley, images of the early pioneers spring to life. In 1851, the first wagon trains on the Beckwourth Trail to California left the green grass and the clear water of the Truckee Meadows. They climbed north on a rocky road, now U.S. 395, to the next watering hole north at the base of Peavine Peak. According to one immigrant’s account in 1852, his steers had eaten so much grass they even looked bigger. As published in California newspapers, Mr. Fairchild wrote the grass has “sweld them out so I fear the skin will split if we don’t drive on.”.... Judge orders rancher's body exhumed A judge has ordered a South Texas rancher's body exhumed in a lawsuit to determine paternity and a related claim to the 400,000-acre ranch. The remains of John G. Kenedy Jr., scion of one of the region's most fabled and wealthy pioneer families, must be exhumed by Feb. 28, according to State District Judge Guy Herman in Austin. The order came in a lawsuit filed by Dr. Ray Fernandez, now the Nueces County medical examiner, and his mother, Ann Fernandez, claiming that the man in the grave was her father. Kenedy had no known heirs when he died in 1948 and was believed to be sterile. His childless sister, Sarita Kenedy East, died 13 years later, apparently ending the family line, and triggering a legal free-for-all over the enormous estate.... South Texan rattles skeletons in a famous closet In a book about the Kenedys, "If You Love Me, You Will Do My Will," by Stephen Michaud and Hugh Aynesworth, he is cast as a hard-drinking roughhousing rascal who once, while an undergraduate, ventured to the land of the Mormons after hearing accounts of polygamy. "Mistaking a religious-based practice for promiscuity, he and a pal took a train out to Salt Lake City to sample this imagined lotus land of unfettered carnality," and his father had to send private detectives to bring him back, Michaud and Aynesworth wrote. Another account featured the young Kenedy in Washington, where he and his inebriated buddies shot out street lamps around Capitol Hill with hunting rifles.... The ultimate cold-case file It's a classic Old West showdown, a ruckus involving righteous sheriffs and brazen outlaws, but with a modern-day twist: The weapons are not six-shooters but DNA samples. Billy the Kid is being raised from the dead, figuratively and maybe even literally. A group of lawmen in New Mexico, with the support of the governor, is seeking to exhume long-buried bodies to resolve a running dispute over Billy the Kid, the young-gun outlaw who, most historians and countless books, movies and songs agree, was shot dead here in 1881 by Sheriff Pat Garrett. Or was he? "There is reasonable doubt," says Tom Sullivan, who holds Garrett's old job as sheriff of Lincoln County. "We'd just like to know the truth.".... Brazile ties down first title in Fort Worth Sunday was a special day for Trevor Brazile, the reigning world all-around champion cowboy. It was a day when the Decatur cowboy came back to Will Rogers Coliseum and won his first tie-down roping championship at the Southwestern Exposition and Livestock Show Rodeo, where he spent a lot of time in his youth. Brazile, who grew up in nearby Krum, said he remembered skipping school and coming to watch the ropers during slack. "I always wanted to be here and win it," he said. "And now it happened."....
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Sunday, February 08, 2004
DIAMOND BAR CATTLE COMPANY--LETTER TO NM ATTORNEY GENERAL
February 6, 2004
Patricia A. Madrid, New Mexico Attorney General
P.O. Drawer 1508, Santa Fe, NM 87504-1508
Dear Ms. Madrid:
It is our understanding that your office provided an Opinion to the New Mexico Livestock Board relative to the situation where the Forest Service, acting on an Order of the Federal District Court, is planning to impound our cattle. As we understand, the Opinion stated that the Livestock Board was required to honor the Court Order. Since your office did not contact us, we have to assume your Office based the Opinion on the Court’s statement that our cattle were trespassing on “national forest system lands,” and should be removed.
The Court, by invoking rules of the Court, did not address or dispute the fact that we have a legally and lawfully filed deeded fee interest (based on res judicata under N.M. law) in the lands within our ranches that prove that our cattle are not ranging on national forest system lands.
Our situation hinges on three principles of law; the sovereignty of the State of New Mexico, the limits on federal jurisdiction, and the oath of office of state officials.
This matter concerns private property rights that are within the bounds of State sovereignty, over which the Federal District Court has no jurisdiction. Any dispute over these rights must be handled in a State court of proper jurisdiction, as stated by the U.S. Supreme Court in Garland v. Wynn, 61 US 6, 20 How 6, 15 L. Ed 801, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”
With respect to jurisdiction over national forest system lands, there is no evidence in the New Mexico legislative proceedings to show that exclusive legislative jurisdiction was ever ceded by the New Mexico Legislature in accordance with Article 1, § 8, Clause 17 of the Constitution of the United States of America (see NMSA 1978, 19-2-2 through 19-2-11) Therefore, federal jurisdiction over these lands falls within the category of proprietary jurisdiction, wherein the U.S. functions as any other land owner within the state, and must abide by State law and depend on local law enforcement to serve warrants, court orders and arrests. In Woodruff v. Mining Co., 18 Fed. 772, the U.S. Supreme Court stated, “the only interest of the United States in the public lands was that of a proprietor, like that of any proprietor…”
The federal government, under this limited jurisdiction, cannot compel the New Mexico Livestock Board or the County Sheriffs “to enact or administer federal regulatory programs,” (N.Y. v. U.S. 120 L.Ed.2d 158) nor can the federal government or District Court, authorize federal agency personnel or contractors to violate State law (i.e., New Mexico Livestock Code).
The predecessors of your office worked long and hard to win the decision of the U.S. Supreme Court in U.S. v. New Mexico 435 U.S. 696, 98 S.Ct. 3012 (1978), which stated that cattle grazing was not a purpose for which the Gila River Forest Reserve was withdrawn, and that the stock water was to be allocated to the individual stockwaterer under State law. In order for all New Mexico public officials to uphold their Oath of Office, they must protect private property rights. Those who do not do so are subject to being held accountable for violating their Oath.
We hand delivered a packet to you last Wednesday with more details in this matter.
Sincerely submitted,
___________________________________
Kit Laney
Cc: N.M. Livestock Board Members
Permalink
February 6, 2004
Patricia A. Madrid, New Mexico Attorney General
P.O. Drawer 1508, Santa Fe, NM 87504-1508
Dear Ms. Madrid:
It is our understanding that your office provided an Opinion to the New Mexico Livestock Board relative to the situation where the Forest Service, acting on an Order of the Federal District Court, is planning to impound our cattle. As we understand, the Opinion stated that the Livestock Board was required to honor the Court Order. Since your office did not contact us, we have to assume your Office based the Opinion on the Court’s statement that our cattle were trespassing on “national forest system lands,” and should be removed.
The Court, by invoking rules of the Court, did not address or dispute the fact that we have a legally and lawfully filed deeded fee interest (based on res judicata under N.M. law) in the lands within our ranches that prove that our cattle are not ranging on national forest system lands.
Our situation hinges on three principles of law; the sovereignty of the State of New Mexico, the limits on federal jurisdiction, and the oath of office of state officials.
This matter concerns private property rights that are within the bounds of State sovereignty, over which the Federal District Court has no jurisdiction. Any dispute over these rights must be handled in a State court of proper jurisdiction, as stated by the U.S. Supreme Court in Garland v. Wynn, 61 US 6, 20 How 6, 15 L. Ed 801, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”
With respect to jurisdiction over national forest system lands, there is no evidence in the New Mexico legislative proceedings to show that exclusive legislative jurisdiction was ever ceded by the New Mexico Legislature in accordance with Article 1, § 8, Clause 17 of the Constitution of the United States of America (see NMSA 1978, 19-2-2 through 19-2-11) Therefore, federal jurisdiction over these lands falls within the category of proprietary jurisdiction, wherein the U.S. functions as any other land owner within the state, and must abide by State law and depend on local law enforcement to serve warrants, court orders and arrests. In Woodruff v. Mining Co., 18 Fed. 772, the U.S. Supreme Court stated, “the only interest of the United States in the public lands was that of a proprietor, like that of any proprietor…”
The federal government, under this limited jurisdiction, cannot compel the New Mexico Livestock Board or the County Sheriffs “to enact or administer federal regulatory programs,” (N.Y. v. U.S. 120 L.Ed.2d 158) nor can the federal government or District Court, authorize federal agency personnel or contractors to violate State law (i.e., New Mexico Livestock Code).
The predecessors of your office worked long and hard to win the decision of the U.S. Supreme Court in U.S. v. New Mexico 435 U.S. 696, 98 S.Ct. 3012 (1978), which stated that cattle grazing was not a purpose for which the Gila River Forest Reserve was withdrawn, and that the stock water was to be allocated to the individual stockwaterer under State law. In order for all New Mexico public officials to uphold their Oath of Office, they must protect private property rights. Those who do not do so are subject to being held accountable for violating their Oath.
We hand delivered a packet to you last Wednesday with more details in this matter.
Sincerely submitted,
___________________________________
Kit Laney
Cc: N.M. Livestock Board Members
Permalink
US and Australia sign free trade agreement
Monday, 09 Feb 2004 10:25AM
The United States and Australia have signed a trade agreement that officials say will eliminate duties from more than 99 per cent of American manufacturing exports to Australia.
US Trade Representative Robert Zoellick described the deal, which requires congressional approval, as "the most significant immediate cut in industrial tariffs ever achieved in a US free trade agreement".
Australia, the United States' 13th largest export market, buys more goods from the United States than from any other country. The US economy has a $US9 billion ($A11.84 billion) trade surplus in two-way trade that totalled about $US28 billion ($A36.84 billion) in 2002.
A statement from Zoellick's office said the agreement could increase American manufacturing exports to Australia by $US2 billion ($A2.63 billion) a year. Some of those are aircraft, motor vehicles and parts, machinery, computers, chemicals and wood and paper products.
Australian manufacturing exports to the United States will also grow, largely in pharmaceuticals, light commercial vehicles and motor vehicle parts, according to the statement.
Many agricultural products are also covered, although quotas and tariffs are unchanged on sugar, a major Australian export. American sugar producers had lobbied hard against opening US markets to more Australian sugar.
The agreement should lead to small increase in exports of beef by both countries, the US statement said. Quotas will remain as they are, but the agreement will phase out tariffs of beef above the quotas.
"All US agricultural exports to Australia, totalling more than $US400 million ($A526.28 million), will receive immediate duty-free access," the statement said. It said the deal "is sensitive to concerns that have been raised" by farmers, cattlemen and members of Congress from farm states.
There will be no change in US tariffs for dairy imports above the quota. Initial increases in imports from Australia will amount to about 0.17 per cent of annual US dairy production. Australia exports about two per cent of US dairy imports.
The first US free trade agreement with a developed country was with Canada in 1988, five years before the 1993 North American Free Trade Agreement that linked the United States and Canada with Mexico.
Other countries linked to the United States by free trade pacts are Israel, Jordan, Chile and Singapore. The Central American Free Trade Area will link the United States with Guatemala, El Salvador, Honduras, Nicaragua and Costa Rica if the pact is approved by Congress.
AP
Australia-United States Free Trade Agreement
AGRICULTURE
--The AUSFTA will give Australian agriculture a significant boost in the US market.
--Two thirds of all agricultural tariffs - including in important commodities such as lamb, sheep meat and horticultural products, will be eliminated immediately, a further 9 per cent of tariffs will be cut to zero within four years.
--The AUSFTA provides greater access to the US market for two of Australia's key agricultural export industries, beef and dairy.
--Australia's sugar access remains unchanged at 87,000 tonnes per annum.
--Australia's single-desk arrangements for marketing Australian commodities to the world, such as for sugar, rice, wheat and barley, have been preserved.
--Australia's quarantine and food safety regimes, which ensure our health and our environment are protected, are not affected by the Agreement. This includes labelling requirements for products such as GM foods
Summary
The agriculture deal in the AUSFTA delivers substantial market access gains for the majority of Australia's agricultural producers - including for the beef and dairy industries - who have faced restrictive barriers in the US market.
Dairy
Under the AUSFTA, the Australian dairy industry can send nearly three times as much of current tariff quota products from year one, with ongoing growth in the quotas at an average yearly rate of 5 per cent.
The increase - worth $55 million (assuming US Exchange rate of 0.75) in the first year of the Agreement - is across the board for all dairy products constrained by quotas, providing significant new market opportunities for dairy processors and producers.
The biggest market access gains are in products where the Australian dairy industry is most competitive and sees great prospects for substantial growth. The deal includes access for dairy products previously excluded from the US market, such as certain cheeses, butter, milk, cream and ice-cream products. Examples include 7.5 million litres of milk, ice-cream and cream, and 2000 tonnes of European type cheeses.
In addition, Australia has gained significant increases in quota access for whole-milk powder (used primarily in bakery and confectionary products), from 0 to 4,000 metric tonnes.
Beef
The AUSFTA provides greater access for Australia's number one export to the United States.
In addition to the substantial WTO quota that Australia already holds, our beef producers will have access for an additional 15,000 tonnes of beef in year 2, increasing to 70,000 tonnes in year 18, and then effectively free trade.
In-quota tariffs will be eliminated immediately, and over-quota duties will be phased out from years 9 to 18 of the Agreement.
Tariff-only products
Tariffs on the majority of agricultural products, including most lamb and sheepmeat, and products such as oranges, cut flowers and cotton seeds, will be zero from day 1 of the Agreement. Further elimination of other tariffs will take place over periods of 4, 10 and 18 years.
The bulk of our lamb and sheep meat exports will benefit from immediate tariff-free access, clearing the way for continued success in a market where Australian producers see great prospects over the long term.
The elimination of tariffs will mean that agricultural sectors such as horticulture can look to the US market as a serious commercial prospect. Horticulture is a fast growing export industry and should benefit from new access opportunities in the AUSFTA.
--Zero tariffs on oranges will provide the citrus industry with savings of nearly $670,000 in duties alone.
--Quota access for the first time, for avocados will help the burgeoning avocado industry in Australia, currently growing at 10 percent.
--Zero tariff access for olives and fresh macadamia nuts will also benefit two other fast growing horticulture industries.
Single export desks
Australia's single-desk arrangements for marketing Australian commodities to the world, such as for sugar, rice, wheat and barley, have been preserved.
Who to Contact
For further information, please contact DFAT's AUSFTA Taskforce:
Hotline: 1300 558 413 (local call rates) between 9am and 5pm (AEST) - Mon- Fri
E-mail: usfta@dfat.gov.au
Permalink
Monday, 09 Feb 2004 10:25AM
The United States and Australia have signed a trade agreement that officials say will eliminate duties from more than 99 per cent of American manufacturing exports to Australia.
US Trade Representative Robert Zoellick described the deal, which requires congressional approval, as "the most significant immediate cut in industrial tariffs ever achieved in a US free trade agreement".
Australia, the United States' 13th largest export market, buys more goods from the United States than from any other country. The US economy has a $US9 billion ($A11.84 billion) trade surplus in two-way trade that totalled about $US28 billion ($A36.84 billion) in 2002.
A statement from Zoellick's office said the agreement could increase American manufacturing exports to Australia by $US2 billion ($A2.63 billion) a year. Some of those are aircraft, motor vehicles and parts, machinery, computers, chemicals and wood and paper products.
Australian manufacturing exports to the United States will also grow, largely in pharmaceuticals, light commercial vehicles and motor vehicle parts, according to the statement.
Many agricultural products are also covered, although quotas and tariffs are unchanged on sugar, a major Australian export. American sugar producers had lobbied hard against opening US markets to more Australian sugar.
The agreement should lead to small increase in exports of beef by both countries, the US statement said. Quotas will remain as they are, but the agreement will phase out tariffs of beef above the quotas.
"All US agricultural exports to Australia, totalling more than $US400 million ($A526.28 million), will receive immediate duty-free access," the statement said. It said the deal "is sensitive to concerns that have been raised" by farmers, cattlemen and members of Congress from farm states.
There will be no change in US tariffs for dairy imports above the quota. Initial increases in imports from Australia will amount to about 0.17 per cent of annual US dairy production. Australia exports about two per cent of US dairy imports.
The first US free trade agreement with a developed country was with Canada in 1988, five years before the 1993 North American Free Trade Agreement that linked the United States and Canada with Mexico.
Other countries linked to the United States by free trade pacts are Israel, Jordan, Chile and Singapore. The Central American Free Trade Area will link the United States with Guatemala, El Salvador, Honduras, Nicaragua and Costa Rica if the pact is approved by Congress.
AP
Australia-United States Free Trade Agreement
AGRICULTURE
--The AUSFTA will give Australian agriculture a significant boost in the US market.
--Two thirds of all agricultural tariffs - including in important commodities such as lamb, sheep meat and horticultural products, will be eliminated immediately, a further 9 per cent of tariffs will be cut to zero within four years.
--The AUSFTA provides greater access to the US market for two of Australia's key agricultural export industries, beef and dairy.
--Australia's sugar access remains unchanged at 87,000 tonnes per annum.
--Australia's single-desk arrangements for marketing Australian commodities to the world, such as for sugar, rice, wheat and barley, have been preserved.
--Australia's quarantine and food safety regimes, which ensure our health and our environment are protected, are not affected by the Agreement. This includes labelling requirements for products such as GM foods
Summary
The agriculture deal in the AUSFTA delivers substantial market access gains for the majority of Australia's agricultural producers - including for the beef and dairy industries - who have faced restrictive barriers in the US market.
Dairy
Under the AUSFTA, the Australian dairy industry can send nearly three times as much of current tariff quota products from year one, with ongoing growth in the quotas at an average yearly rate of 5 per cent.
The increase - worth $55 million (assuming US Exchange rate of 0.75) in the first year of the Agreement - is across the board for all dairy products constrained by quotas, providing significant new market opportunities for dairy processors and producers.
The biggest market access gains are in products where the Australian dairy industry is most competitive and sees great prospects for substantial growth. The deal includes access for dairy products previously excluded from the US market, such as certain cheeses, butter, milk, cream and ice-cream products. Examples include 7.5 million litres of milk, ice-cream and cream, and 2000 tonnes of European type cheeses.
In addition, Australia has gained significant increases in quota access for whole-milk powder (used primarily in bakery and confectionary products), from 0 to 4,000 metric tonnes.
Beef
The AUSFTA provides greater access for Australia's number one export to the United States.
In addition to the substantial WTO quota that Australia already holds, our beef producers will have access for an additional 15,000 tonnes of beef in year 2, increasing to 70,000 tonnes in year 18, and then effectively free trade.
In-quota tariffs will be eliminated immediately, and over-quota duties will be phased out from years 9 to 18 of the Agreement.
Tariff-only products
Tariffs on the majority of agricultural products, including most lamb and sheepmeat, and products such as oranges, cut flowers and cotton seeds, will be zero from day 1 of the Agreement. Further elimination of other tariffs will take place over periods of 4, 10 and 18 years.
The bulk of our lamb and sheep meat exports will benefit from immediate tariff-free access, clearing the way for continued success in a market where Australian producers see great prospects over the long term.
The elimination of tariffs will mean that agricultural sectors such as horticulture can look to the US market as a serious commercial prospect. Horticulture is a fast growing export industry and should benefit from new access opportunities in the AUSFTA.
--Zero tariffs on oranges will provide the citrus industry with savings of nearly $670,000 in duties alone.
--Quota access for the first time, for avocados will help the burgeoning avocado industry in Australia, currently growing at 10 percent.
--Zero tariff access for olives and fresh macadamia nuts will also benefit two other fast growing horticulture industries.
Single export desks
Australia's single-desk arrangements for marketing Australian commodities to the world, such as for sugar, rice, wheat and barley, have been preserved.
Who to Contact
For further information, please contact DFAT's AUSFTA Taskforce:
Hotline: 1300 558 413 (local call rates) between 9am and 5pm (AEST) - Mon- Fri
E-mail: usfta@dfat.gov.au
Permalink
