High court calls road claim 'completely nonsensical'

RS2477 • Utah Supreme Court finds state road claims have not run out of time, allowing litigation to proceed.

By Brian Maffly
The Salt Lake Tribune

In a pivotal ruling for Utah's legal battle to control thousands of routes crossing federal land, a divided Utah Supreme Court has held that these road claims have not run out of time under an obscure state law.

Joined by the Southern Utah Wilderness Alliance, federal lawyers had argued the statute in question barred "quiet-title" claims after seven years, meaning that Utah's claim to more than 12,000 routes covering 35,000 miles would have been extinguished as long ago as 1983.

Chief Justice Matthew Durrant wrote that such a result would be "absurd" and deviate from whatever lawmakers intended when they passed the relevant law, known as a statute of repose.

The United States' arguments "would effectively deprive the State of its" claims to thousands of routes — including some that may have existed and been used for decades, Durrant wrote in the ruling handed down Thursday.

The high court called such a result "completely nonsensical" and "so overwhelmingly absurd that no rational legislator could ever be deemed to have supported" it.

Durrant was joined by Justices Christine Durham and Deno Himonas.

A ruling the other way, in favor of the federal government's stance, could potentially have put an end to the litigation involving 22 separate lawsuits, one for each Utah county seeking title to these routes within their borders.

Utah Attorney General Sean D. Reyes applauded the ruling, calling it a "common-sense decision" that re-invigorates the road claims asserted under RS2477, a now-repealed frontier-era statute that gave counties rights of way to roads they cut across the public domain in an effort to encourage development in remote areas of the West.

Some of these disputed roads are important thoroughfares, but environmentalists say many are obscure tracks that serve no purpose other than to justify counties' efforts to push roads and motorize access into lands proposed for wilderness.

"The Court correctly recognized the absurdity of the federal government's arguments, which have now added two years of delay and taxpayer expense to the State's efforts to obtain the title to roads that federal law has long promised," Reyes said. "I hope the Court's decision convinces the United States now to work collaboratively and quickly with Utah and its Counties to resolve these title claims."

But the court's dissenters rejected the idea that the federal government's interpretation would have produced an absurd result, or even an uncommon one.

Appellate judges Frederic Voros and Kate Toomey sat in for Justices John Pearce and Thomas Lee, who had recused themselves from the case. While concurring with much of the majority opinion, Voros's dissent called it "the most expansive application of the absurdity doctrine in American law."

Voros noted that the allegedly absurd result actually reflects prevailing law nationwide from the passage of the Mining Act in 1866 until the passage of the Quiet Title Act in 1972.

"If that rule of law in fact mandated absurd results, surely in 106 years some court somewhere would have noticed," Voros wrote. "Yet no party cites, nor am I able to discover, any court questioning the rationality of the rule of law that we today declare absurd."

Thursday's ruling allows lawyers to get back to the arduous task of litigating the validity of the state's road claims that have been stewing in U.S. District Court since 2011. The state must demonstrate each road was open to public travel for 10 continuous years prior to 1976 — when the Federal Land Management and Policy Act was passed, repealing RS2477.

Utah County Reaches Road Settlement with Federal Government

Alyssa Carducci
Heartland Institute

Utah state and local officials reached a landmark settlement with the federal government to open access to roadways once closed due to a federal wilderness study area. The agreement could serve as a model for claims on thousands of other roads Utah counties have presented against the government.

Juab County, the Utah Attorney General’s Office, and the federal Bureau of Land Management filed a joint consent decree in the U.S. District Court in Salt Lake City, which requires approval by a federal judge.

State Will Enforce Restrictions

The settlement gives Juab County ownership of three dirt roads accessing the Deep Creek Mountains. The three roads are Trout Creek, Granite, and Toms Creek roads.

The BLM agreed to remove fallen trees blocking the roads and turn them over to Juab County. State and local officials agreed to ban motorized vehicles between December and May each year and strictly enforce a ban on off-road motorized vehicle traffic in the wilderness study area. State and local officials can repair the dirt roads but must leave them in their “primitive” state. The agreement prohibits paving, improving, expanding, and performing routine maintenance on the roads.

Juab County also agreed to abandon some of its right-of-way claims in the wilderness study area as part of the settlement.

Model for Future Settlements

“Today’s agreement serves as a model for resolving road disputes going forward. We can find ways to agree, and I applaud the county and all stakeholders for proving this approach can work,” said Gov. Gary Herbert in a statement. “My hope is that we will continue to work to resolve RS2477 disputes.”

Utah counties have filed an additional 29 lawsuits against the federal government, encompassing more than 12,000 miles of roads. State officials plan on additional lawsuits regarding an additional 24,000 miles of roads.

Statute Recognized Rights of Way

A nineteenth century statute, known as R.S. 2477, granted the state ownership of roads crossing federal lands. The statute granted states and counties rights-of-way across federal lands to meet transportation needs during the 1800s. Congress repealed the law in 1976 but recognized state ownership of all roads the state could prove state residents regularly used for 10 years prior to repeal of the law. The federal government and environmental activist groups have vigorously challenged the state’s road-use claims.

Parties Express Support

Three environmental activist groups participated in the negotiations and signed on to the settlement agreement.

“Conservation groups have been permitted to intervene in several of these cases and are actively working to defend the United States’ title to these claims,” Southern Utah Wilderness Alliance legal director Stephen Bloch said in a statement.

State Rep. Roger Barrus (R- Centerville) told Environment & Climate News the road settlement will benefit Utah residents and protect their access to recreation areas.

“If Juab County leaders and our state public lands officials are comfortable that the agreement is in the best interest of the citizens of Juab County, our state and nation, then it's a good decision. It's the kind of decision that could be made more easily and pragmatically if the lands were under state ownership and management rather than burdened by red tape in a litigious federal system,” Barrus said.

Barrus sponsored H.B. 142, which he said is “designed to gather credible information in a report to reflect economic trends and management practices of public lands under federal control. With that information, Utah can better project how to best manage those lands for the benefit of the public and the citizens of our state.”

“The whole idea of transferring federal public lands to Utah is to improve how they are managed,” he added.

RS 2477 fight is important

One of the state's RS 2477 claims in the Glen Canyon National Recreation Area. (SUWA)

Editorial
The Richfield Reaper

The fight over Revised Statute 2477 roads has been long and arduous, but it is also important.

In all, 13 lawsuits were filed last month by the Utah Office of the Attorney General on the behalf of counties in Utah with RS 2477 claims. The goal of the lawsuits is to protect access to roads that have been in use since before 1976.

An 1866 law designed to validate a system of highways and roads that traversed federal and private lands in the western United States established the RS 2477 roads. The law was repealed in 1976, but Congress granted right of way for roads used prior to the repeal.

In the years since then, there have been attempts to close several RS 2477 roads. One of the biggest examples of closures occurred with the declaration of the Grand Staircase-Escalante National Monument in 1996.

Environmental groups have argued for a different interpretation of RS 2477, as closing roads would allow for more wilderness areas to be designated.

While some may be under the impression that RS 2477 roads are all obscure dirt roads in the middle of nowhere, that is not the case. Looking over the list of recorded RS 2477 roads in Sevier County, one may be surprised to find names like Black Knoll Road, Hepplers Pond Road, Lost Creek Road and Upper Redmond Lake Road.

In all, 713 roads in Sevier County have been included in the lawsuit, as well as 101 in Piute, 341 in Wayne and 329 in Sanpete.

The goal of the attorney general’s office in filing lawsuits is to preserve access to roads so that they cannot be arbitrarily closed in the future. While some may never face the danger of being closed, others could be without warning.

Right of way is something that should be protected with zeal. It’s difficult to reopen roads that are closed, and even more so to establish new roads.

Closures of some roads may mean not being able to access a favorite fishing hole, while other closures could have severe economic and transportation consequences. In an area where the vast majority of terrain is federally owned and administered, being able to traverse the land is vital.

The attorney general’s office was right to file lawsuits in an effort to bring the RS 2477 issue to a resolu-tion. Hopefully, once the litigation is complete, access to public areas will be preserved for generations to come.

OHV enthusiasts rally at the Capitol

By KEVIN ASHBY and RICHARD SHAW
Emery County Progress

More than 400 off-road-vehicle enthusiasts gathered on the steps of the Utah Capitol Feb. 6 in support of the state's stance on the multiple use of public lands - both state and federal - within its boundaries.

"This shows a great grass-roots effort," Lt. Gov. Gary Herbert said of the gathering. "Let your voice be heard. Energize coalitions, and understand the policies governing the land. We are supportive of public use, a balanced use, including agriculture, natural resources and recreation. No one should be excluded."

Herbert said, people opposed to multiple use are demanding good science be used in determining the state's policy on land use. "Sound science counts in my opinion," he said. "And this science shows that we can be good stewards and still use the public lands." Herbert said there is a high demand for off-road-vehicle use but that access is shrinking.

"We have got to find a way to work with the new administration," he said. "United voices can make things happen. We have to find solutions and make multiple use a win-win situation. We want to be engaged in the process."

Most of those attending the rally were supportive of off-road recreation in the state. One enthusiast suggested that if the governor wanted to be involved in the process maybe he should take a trail ride with someone from the assembled group rather than with members of the Southern Utah Wilderness Alliance.

SUWA supports initiatives to permanently protect the Colorado Plateau wild places advocating wilderness preservation. They claim to be the only independent organization working full-time to defend America's redrock wilderness from oil and gas development, unnecessary road construction, rampant off-road vehicle use and other threats to Utah's wilderness-quality lands.

Several of the elected officials present at the rally spoke about the actions of Tim DeChristopher, the University of Utah student who monkey-wrenched the BLMs Dec. 19 oil-and-gas-lease auction. The student was quoted as saying he never had any intention to pay the lease money and encouraged civil disobedience by other environmental activists to further their cause.

DeChristopher's actions, they said, have had a negative affect on Utah's schools and health departments.

"This (leasing) is an important source of money for our kids," said Dennis Stowell, Sen-R, District 28. "We need leases, property access and a good multi-use land policy to make this work."

A letter drafted to the governor's office from the county commissioners in San Juan County was read calling for enforcing the rules of law when dealing with DeChristopher.

Bradley Last, Rep-R, District 71, told the group that lease money does impact education in Utah and that nobody loves Utah's public lands like Utahns. "We know the land, and we will take care of it so that we all can use it in the future," he said.

Officials from Kane County told the group they will continue their RS2477 road identification fight that benefits all Utahns concerning road ownership across federal lands.

David Clark, Rep-R, District 74, said he supports Kane County officials and that legislators need to plan the pathway to turn things around for the state's multiple use land policy.

"When rights are taken away, it impacts everyone," he said.

Kevin VanTassell, Sen-R, District 26, told the group the state receives $.51 per acre from the federal government to rent the federal lands in Utah. He said access to the state's school trust lands is crucial.

"If we can't access our lands and develop the resources there, our education budgets will be impacted negatively," he stated.

Ralph Okerlund, Sen-R, District 24, said Utahns can't speculate on the future.

"We need to ensure our future and that comes from having access to federal lands and responsibly developing the resources found there," said Okerlund.

Karl Malone, former Utah Jazz player, made a surprise appearance at the rally, and he received cheers when he showed his support for land use.

"No way will they kick us off what we own," Malone said. He also promised all the support he could give.

"The state's multi-use vision is a three-legged stool," Herbert said, speaking of using the land in Utah to support agriculture, natural resources and recreation.

"A united voice can make things happen so that solutions can be found."

Mike Noel, state representative from District 72 that represents Kane County, one of the areas that has been spearheading RS-2477 right-of-way fights was one of the leading speakers at the rally along with Mike Swenson from USA-ALL. He suggested that maybe the rural parts of the state need to go back to the 1970-80s in combating what has been going on with road closures.

"We have the right to these lands and we shouldn't be shut out of them," he stated. "In fact I am right now proclaiming that this is the beginning of Sagebrush Rebellion number two in Utah."

The Sagebrush Rebellion was a political movement that had its roots in the 1960s and continued up through the 1990s when interests for open land openly fought with environmentalists and government control of federal land.

A number of people from Eastern Utah attended the rally, with signs and calls for keeping multiple use lands, multiple use.

This year's rally was a far cry from the one USA-ALL tried to orchestrate last year when only about 25 people showed up. Riding and land use clubs from all over the state were represented at the rally.

Tortoises threaten town's economy

By GINA B. GOOD
Pahrump Valley Times

Once again the desert tortoise raises its leathery head and aims its beady little eyes toward Pahrump, threatening to stop all building and development, according to Al Balloqui, economic development director for the town.

It's incredible that such a docile, cautious creature can create chaos by taking a single tenuous step over an imaginary boundary line in the desert.

However, Balloqui told town board members Tuesday evening if the permitting process to protect the desert tortoise isn't completed, it is within the power of the U.S. Fish and Wildlife Service (FWS) to shut down all development projects.

"We have to comply with federal law," said Balloqui, who admitted to the board members and those gathered at the community center he is not a big fan of the desert tortoise.

In an interview before the meeting, he explained, "We received a $700,000 HUD grant to fund the fairground project. That money could be in jeopardy if the county and FWS do not come to an agreement."

Reportedly, FWS could not only quash the town's aggressive plans to find sponsors and financing to construct a new fairground complex, but also stop the planned expansion of the county courthouse.

Additionally, not going forward with adopting a townwide plan to protect the habitat of the desert tortoise would further complicate the arcane processes that have already stopped many businesses from investing in Pahrump. It would also add substantially to the fees companies must pay to expand or build any type of facility.

Even private property owners can be charged with a felony misdemeanor, accompanied by a $25,000 fine, for disturbing an acre or more of land without a conservation plan in place.

Balloqui asked the town board to write a letter to the county commission urging it to move forward by having the most recently completed draft of a habitat conservation plan for the desert tortoise presented to the FWS by Julene Haworth, who completed the draft at no cost.

Haworth's is the third such plan completed for the county over the past few years. The first plan was paid for with a $250,000 grant. The second plan cost $45,000. Neither was adopted.

According to Balloqui, the commissioners approved Haworth's draft of the plan on July 15, 2008, but balked at paying her a fee to complete the project, which would cost the county from $30,000 to $40,000.

The draft written by Haworth was approved for the entire Pahrump Regional Planning District. If adopted, individual property owners would not be saddled with responsibility for developing their own federally mandated habitat conservation plans and paying the associated fees.

Balloqui told the board Haworth would be the most logical person to present the plan to FWS, as she could answer questions on every facet of it.

Town board member Vicky Parker said she was not comfortable requesting the commissioners select a certain contractor, although she did support the plan. The board argreed with Parker, voting 4-1 to write a letter of support without mentioning Haworth. Member Mike Darby voted nay.

Under penalty of law, all properties and land measuring one acre or more must be surveyed by a desert tortoise biologist approved by the FWS within 30 days prior to land clearance for development. There are many other processes that must be followed and fees required under the Endangered Species Act.

"We just have to get this done so we can move on," said Balloqui.

A win for wilderness

EDITORIAL

The Senate has passed a public lands bill that will benefit California, among other states. Although the legislation contains a few troublesome projects, it deserves House passage too.

Opinion
Los Angeles Times

An omnibus public lands bill that would, among other things, designate more than 700,000 acres of California land as wilderness has finally received approval from the Senate and will now go to the House for a vote. Though it contains a few questionable proposals, the legislation would protect badly needed wildlife habitat and recreational space, and the House should pass it.

The bill, S. 22, a holdover from last year, consists of about 160 separate proposals and would grant the highest level of federal protection to more than 2 million acres across nine states from California to West Virginia. Among the California land designated as wilderness would be about 190,000 acres in Riverside County, about 450,000 acres in the Eastern Sierra and the San Gabriel Mountains, and about 90,000 acres in Sequoia-Kings Canyon national parks. The overall packagecarries a $4-billion price tag over five years.

Perhaps the most important bonus for California, though, is $88 million for the long-overdue revival of the 330-mile-long San Joaquin River, after decades of being drained to supply Central Valley farms. The legislation would restore water flows next year below Friant Dam -- located on the uppermost part of the river, northeast of Fresno -- and attempt to restore salmon runs to their historic levels by 2014.

For all its good intentions, the bill funds or allows a few troublesome projects, most notably a road through the Izembek National Wildlife Refuge in Alaska for use by residents of a nearby village in case of medical emergencies, even though the government has already bought them a $9-million hovercraft for that purpose. But a revised version of the bill at least grants the Interior secretary the authority to veto the road's construction. Then there's the downright silly allocation of $3.5 million to celebrate the 450th birthday of St. Augustine, Fla., in 2015. St. Augustine is ancient by U.S. standards, the oldest European-established city in the nation, but the expenditure for a minor anniversary of a town of 12,000 is excessive by any measure.

Despite such concerns, on balance the bill is heavy on benefit and light on waste. Wilderness areas enjoy a higher level of protection than any other public lands, shielding them from drilling, logging and residential development. Rather than piling on more pork, or even killing it outright, the House should swiftly approve the bill.

Pork-filled 'wilderness' bill gets Senate approval

EDITORIAL
Las Vegas Review-Journal

Calling a rare Sunday procedural vote, Senate Majority Leader Harry Reid, D-Nev., moved the U.S. Senate closer to passing a 1,300-page lands bill that would allocate $5 million in federal tax dollars on botanical gardens in Hawaii and Florida and $3.5 million to celebrate the 450th anniversary of the founding of St. Augustine in 2015 -- and place an additional 2 million acres in nine states off limits for any productive economic use by labeling them "wilderness" and/or declaring new and additional rivers to be wild and scenic.

The legislation -- which would allow the state of Alaska to build an airport access road through the Izembek National Wildlife Refuge -- pulls together 150 public lands, parks and water bills in one package. It passed 66-12, well above the 59 votes needed to allow it to proceed to a formal vote later this week.

"Everybody holds their nose" and votes for it
- Sen. Tom Coburn

The bill advanced over the objections of Sen. Tom Coburn, R-Okla., who objected to what he described as questionable priorities and wasteful earmark spending in the package. The measure is also opposed by Nevada Republican John Ensign, though he was in Nevada and did not return to Washington for the procedural vote.

"Everybody holds their nose" and votes for it, Sen. Coburn said, because so many senators have individual projects they want to see passed in their states.

Despite the purportedly unprecedented provision to allow an access road through a wildlife refuge, many conservation groups supported the package as a whole because it had so many provisions to "protect" rivers and designate wilderness.

"It will be a most welcome action by many Americans who face so much uncertainty in their lives," explained Mike Matz, executive director of the Campaign for America's Wilderness. "It will be nice for them to know they can visit their most treasured spots and see them just as they are. They will be able to continue to hike, hunt, fish, camp or canoe amid this natural splendor, and that is no small consolation in these difficult times."

And there you have it.

Yes, Americans who live so far away they will likely never see the "wilderness" areas in question -- all in the Western states, you understand, none throwing anyone out of work in Georgia, Illinois, Connecticut or Massachusetts -- may sleep more cozily now, believing that, far away in the distant West, something nice has been done for the birds and the bunnies.

But those who actually live in the affected regions may not find it much of a "consolation" to be deprived of gainful employment in any number of resource industries -- mining, ranching, lumber -- that will now be barred from making any productive use of yet an additional 2 million acres.

Such legislation is "necessary for the day-to-day functioning of the Western economy," intoned Alaska Sen. Lisa Murkowski, the top-ranking Republican on the Senate Energy and Natural Resources committee, and among the Senate's largest, second-generation pork wranglers.

Oh, hogwash. To the Americans actually attempting to make their livings on or near the lands in question, "wilderness" is not just about cozier dreams of happy squirrels. It's about loss of livelihood as a full- or part-time miner, rancher, sawmill worker, or even mushroom picker -- having to go on the government dole rather than feed their families with honest, productive work.

An expensive land grab

Editorial
Oil & Gas Journal

In a move with dire implications for exploration and production on federal land, the US Senate returned to business as usual as the 111th Congress began work. The phrase “business as usual” here means sneaking energy mistakes into law as parts of a wide-mouth sandwich of provincially irresistible spending adventures.

Majority Leader Harry Reid (D-Nev.) reintroduced an omnibus lands bill that opponents fear will tighten limits on access by producers to federal oil and gas resources. He had withdrawn the legislation, actually a package of more than 150 bills, in November in response to resistance led by Sen. Tom Coburn (R-Okla.).

‘Worst habits’

In a statement on the Senate floor last week, Coburn said he had learned from the Democratic leadership that the lands package contained 12-13 new bills. “This is an omnibus lands bill that indulges the worst habits of a parochial Congress,” he said.

When the lands bill was under consideration last year, the Western Business Roundtable of Lakewood, Colo., said its biggest concern was congressional establishment of the National Landscape Conservation System (NCLS), a Department of Interior program now covering 27 million acres in 850 parcels of federal land. Administered by the Bureau of Land Management, the NCLS includes national monuments, national conservation areas, wilderness and wilderness study areas, wild and scenic rivers, and national scenic and historic trails. “The bill would give federal land managers the ability to alter the longstanding multiple-use management philosophy of the BLM by elevating the conservation purposes above other purposes for NCLS units,” the group said.

Claire Moseley, executive director of Public Lands Advocacy in Denver, called the NCLS move “a whole new land classification” that would block or delay exploration and development with new layers of regulation and legal hurdles. Another group, the American Land Rights Association, predicted that under the lands bill NCLS units would become national parks, with traditional uses restricted and roads cut off. It also warned of political pressure to add federal acreage to NCLS regulation. It called the legislation “one of the largest land grabs in history.”

In his Senate remarks, Coburn put the acreage figures into perspective by noting that the US area off-limits to development as wilderness already exceeds that of developed land—107 million vs. 106 million acres. Beyond giving statutory authority to the NCLS, an initiative of former Interior Sec. Bruce Babbitt late in the administration of President Bill Clinton, the bill in various ways would withdraw a further 3 million acres from leasing and energy exploration, Coburn said. Some of that lock-up would occur through wilderness and other such designations imposed with the stipulation that the land become subject to NCLS management.

In a period of intense public concern over energy supply, federal deficits, and economic health, the mere consideration of new measures to restrict commercial use of federal land is distressing. A new ICF International study for the American Petroleum Institute shows how much the US already denies itself by limiting oil and gas leasing in Rocky Mountain states. If land now off limits for other than statutory reasons became accessible, the study estimates, the Rockies by 2030 would have new production of 35,000 b/d of oil from 321 million bbl of reserves and 677 MMcfd of gas from 8.4 tcf of reserves. The extra production would boost all-time government receipts by $22 billion and employment in 2030 by 12,318 jobs.

Local seductions

When the federal government proposes to undertake further sacrifice of this type, taxpayers, energy consumers, and job seekers deserve to know what’s happening to them. But revelation is difficult when official refusal to pursue national potential hides in a swarm of local seductions. Coburn said 1,082-page lands bill last year contained 592 spending measures, including 15 new state and local water projects. The proposed spending totaled $10 billion—“money we don’t have,” he said.

The new version of the bill is 100 pages longer and no doubt more expensive. Legislation important to energy supply, to the economy, and to the federal budget deserves treatment more straightforward than this.

Wilderness bill moves forward in the Senate

The Associated Press

WASHINGTON — In a rare Sunday session, the Senate advanced legislation that would set aside more than 2 million acres in nine states as wilderness. Majority Democrats assembled more than enough votes to overcome GOP stalling tactics in an early showdown for the new Congress.

Republicans complained that Democrats did not allow amendments on the massive bill, which calls for the largest expansion of wilderness protection in 25 years. But Senate Majority Leader Harry Reid, D-Nev., and other Democrats said the bill — a holdover from last year — was carefully written and included measures sponsored by both Republicans and Democrats.

By a 66-12 vote, with only 59 needed to limit debate, lawmakers agreed to clear away procedural hurdles despite partisan wrangling that had threatened pledges by leaders to work cooperatively as the new Obama administration takes office.

Senate approval is expected later this week.

Supporters hope the House will follow suit.

"Today is a great day for America's public lands," said the bill's sponsor, Sen. Jeff Bingaman, D-N.M. "This big, bipartisan package of bills represents years of work by senators from many states, and both parties, in cooperation with local communities, to enhance places that make America so special."

The measure — actually a collection of about 160 bills — would confer the government's highest level of protection on land ranging from California's Sierra Nevada mountain range to Oregon's Mount Hood, Rocky Mountain National Park in Colorado and parts of the Jefferson National Forest in Virginia. Land in Idaho's Owyhee canyons, Pictured Rocks National Lakeshore in Michigan and Zion National Park in Utah also would be designated as wilderness.

Besides new national wilderness designations, the bill would designate the childhood home of former President Bill Clinton in Hope, Ark., as a national historic site and expand protections for dozens of national parks, rivers and water resources.

Reid said about half the bills in the lands package were sponsored by Republicans. Most had been considered for more than a year.

"I am happy that after months of delay we will finally be moving forward," Reid said.

The bill's chief opponent, Sen. Tom Coburn, R-Okla., denounced what he called Democratic bullying tactics.

"I am disappointed the Senate majority leader has refused to allow senators the opportunity to improve, amend or eliminate any of the questionable provisions in his omnibus lands bill," Coburn told fellow senators.

"When the American people asked Congress to set a new tone, I don't believe refusing to listen to the concerns of others was what they had in mind," Coburn said. "The American people expect us hold open, civil and thorough debates on costly legislation, not ram through 1,300-page bills when few are watching."

Coburn and several other Republicans complained that bill was loaded with pet projects and prevented development of oil and gas on federal lands, which they said would deepen the nation's dependence on foreign oil.

Environmental groups said the bill set the right tone for the new Congress.

"By voting to protect mountains and pristine wildlands, Congress is starting out on the right foot," said Christy Goldfuss of Environment America, an advocacy group. "This Congress is serious about protecting the environment and the outstanding lands that Americans treasure."

U.S. Senate poised to shut Off-Highway Vehicles out of more than 1 million acres of public land

FEATURED ALERT
American Motorcyclist Association

The U.S. Senate is poised to act as early as Sunday [01/11/2009] on a massive package of public lands bills that would shut motorcyclists out of more than 1 million acres without adequate public comment, the American Motorcyclist Association (AMA) reports.

The last-minute move just as the newly elected Congress takes over has raised the ire of the AMA and at least one congressman, who believe the proposal and process deserve more public participation.

"Those who say things get better with time obviously never encountered the public lands omnibus bill," said U.S. Rep. Rob Bishop (R-Utah). "This bill was a bad idea last Congress and it's only gotten worse over the past month."

Ed Moreland, AMA vice president for government relations, agreed.

"It makes little sense to lump together more than 160 very important public lands bills into once package and expect the public to digest it all, and to rush a vote through the Senate on a weekend." Moreland said.

More than 160 public lands bills have been grouped together by Senate majority leader Harry Reid. The package would create more than 1 million acres of designated Wilderness land, which would shut out all motorized vehicles.

The last-minute congressional maneuver would also make the National Landscape Conservation System permanent. This system creates an additional level of bureaucracy for the National System of Public Lands and would remove much of the authority of the existing agency in managing those lands.

"Congress should put together a new package and pass it through committee rather than debate legislation carried over from the previous Congress," Rep. Bishop said. "Poor process produces poor product, and this is an example of congressional process at its worst. Parts of this bill are good, and parts are very bad. Each part deserves to be discussed and voted on its own merits."

"Continued responsible access to public lands is a vitally important right for current and future generations," added Moreland. "This measure deserves to be fully analyzed and thoughtfully debated in the 111th Congress prior to a final vote."

All AMA members and anyone else who enjoys outdoor recreation is urged to contact their U.S. Senators and ask them to oppose the omnibus public lands bill.

TAKE ACTION

Judge scales back "Roadless Rule"

Associated Press

SAN FRANCISCO (AP) — A federal magistrate judge ruled Tuesday that a Clinton-era ban against new road construction and development on millions of acres of national forest would apply only to 10 western states.

Two years ago, Judge Elizabeth Laporte invalidated a 2005 Bush administration rule that overturned the 2001 "Roadless Rule," which protected 58.5 million acres of federal land in about 40 states.

But in August, a federal judge in Wyoming invalidated President Bill Clinton's Roadless Rule, leading the Bush administration to request that the two judges modify their conflicting rulings.

In response, Laporte reduced the geographic scope of her 2006 ruling.

The move is only a temporary fix. Federal appeals courts in San Francisco and Denver are expected to rule on the case next year, and road construction rules also could change under President-elect Barack Obama's administration.

Environmental groups that challenged the Bush administration's repeal of the Roadless Rule urged the government Tuesday to not weaken protections for about 13.6 million acres of roadless forests in the states no longer covered by Laporte's 2006 ruling.

Forest Service officials in Washington did not immediately respond to requests for comment.

Roundtable Claims Victory as Senate Delays Lands Bill

Roundtable Applauds Congressional Allies for Standing Firm Against Lame Duck Consideration of The Omnibus Lands Bill

News Blaze

The Western U.S. came out a winner as the U.S. Congress was unable to pass a massive lands bill this week that would have placed millions of acres of federal lands under enhanced federal control.

Some Congressional leaders had sought to ram the bill through this past week's "lame duck" session of Congress. But public opposition -- rallied in part by the Roundtable and other Western groups, as well as the opposition of key Members of Congress -- blocked the land grab bill from being brought up.

Congressional leaders vowed to try to pass the bill when the Congress reconvenes in January 2009.

The massive, 1076-page measure included more than 150 bills that would:

• Create or expand a number of wilderness areas;


• Establish new conservation areas;


• Create/ add to wild and scenic designations;


• Designate new national scenic trails;


• Add new national and historic park units;


• Add nearly a dozen new national heritage areas.

Of greatest concern to the Roundtable is the inclusion within the package of language that would statutorily establish the National Landscape Conservation System (NLCS) within the Bureau of Land Management (BLM).

"Stopping this huge package from being rammed through the Congress is a big win for Westerners," said Britt Weygandt, Executive Director of the Roundtable. In particular, Weygandt lauded the efforts of Senator Tom Coburn (OK) and Representative Rob Bishop (UT), who led the fight to put the brakes on the package.

"Postponing consideration is the right thing to do. It is our hope that Congress will use the additional time to reconsider some of the package's more troubling provisions," Weygandt added, noting the Roundtable's particular concerns with provisions seeking to codify NLCS. The U.S. Department of Interior's Inspector General recently initiated an investigation for possible violations of anti-lobbying law, by federal employees, related to the NLCS provisions.

The NLCS is comprised of 27 million acres of federal lands administered by the BLM including National Monuments, National Conservation Areas, Wilderness and Wilderness Study Areas, Wild and Scenic Rivers, and National Scenic and Historic Trails. The vast majority of these lands are located in 12 Western states. The bill would give federal land managers the ability to alter the long-standing multiple use management philosophy of the BLM by elevating the conservation purposes above other purposes for NLCS units. To see a comprehensive breakdown of how each Western state is impacted by NLCS codification, go here.

The Roundtable had taken a lead role in rallying Westerners to oppose this huge federal land grab, spearheading efforts with dozens of other Western business, county, and fiscally conservative organizations who were concerned the bill would curtail the development of energy resources and public access for recreation on wide swaths of federal lands. Over the past several months, numerous letters from the Roundtable have been sent to Congressional Members calling on them to postpone consideration of this massive package.

While some of the provisions in this omnibus bill are non-controversial, there were key sections that raised serious concerns for Western multiple use access, agricultural, recreation, business, county, energy, and fiscal groups. "This legislation would give opponents of multi-use the ability to limit recreational access and restrict economic activity to vast "landscape-wide" areas," noted Weygandt. "This could mean agriculture, energy exploration and production and other economic uses could become imperiled on huge swathes of Western public lands."

"Certainly, for Westerners, there are always very real trade-offs involved with any public lands designation. We believe such bills need to be considered individually so each can evaluated carefully," said Weygandt. "Bulk packaging of legislation has a checkered record for Congress. It doesn't work well on Appropriations bills. It certainly doesn't work on land designations, where such designations can mean the difference between economic health and peril for Western communities. We hope the 111th Congress will do this the right way, letting each of these measures rise or fall on their individual merits."

Omnibus Public Land Management Act of 2008

Senator Reid calls peers into lame duck session to debate controversial bill

Environmental Analysis

Committee For A Constructive Tomorrow (CFACT)

One would think with all the talk of bailouts and a faltering economy, the subject of preserving "wilderness" areas would not be high on the Congressional agenda. But alas, it appears this is not the case as Senate Majority Leader Harry Reid recently announced he is calling back his peers in a lame duck session to try and pass the Omnibus Public Land Management Act of 2008.

This initiative is being decried by property rights advocates as a massive land grab by Uncle Sam, and rightly so. The over 1,000 page bill not only contains some $4 billion in pork barrel spending, but also creates a number of new (and unnecessary) "conservation" programs which will put bureaucrats in charge of millions of new acres of our nation's lands. The Act is certain to gum up the works of those individuals trying to make use of their property with a new layer of red tape, and most tragically, it may ultimately force the American taxpayer to fund the buyout of new tracts that are currently owned by private individuals. This, at a time when the Federal government already owns an astonishing 650 million acres and self-admittedly claims it is struggling with maintenance issues.

Not surprisingly, many Americans in rural areas oppose the creation of new National Heritage Areas. But perhaps a bit more odd to many, it appears even constituencies who voted for Barak Obama in large numbers are also showing their distaste for this bill.

According to a recent poll by the National Center for Public Policy Research, 52 percent of African-Americans oppose legislation to create new National Heritage Areas while only 37 percent support it. This opposition probably reflects the fact that many minorities are particularly vulnerable to home price increases, and prices would likely rise following National Heritage Area designation. It will be interesting to see if findings like this give pause to the legislation's supporters.

Boulder's infamous 'land-grab' case settled

Kirlins say they will only have to cede 12 percent of south Boulder lot



By Heath Urie
Daily Camera

Two Boulder neighbors have settled a land dispute that made national headlines and prompted state legislators to change the law that allowed it to happen.

Don and Susie Kirlin, who originally lost 34 percent of one of their two vacant lots to neighbors Richard McLean and Edith Stevens, agreed to cede about 12 percent of the million-dollar property instead, the couples announced Tuesday.

“This settlement allows the parties to put this long-standing and difficult dispute behind them,” they wrote in a 48-word joint statement.

Under the terms of the agreement, which still must be sent from the Colorado Court of Appeals to Boulder District Court Judge James C. Klein for final approval, McLean and Stevens will own a five-foot strip of the Kirlins’ next-door lot, widening to nine feet at the north end of the property.

The total transaction equals 540 square feet of the 4,659-square-foot lot.

The settlement ends a high-profile case that divided the south Boulder neighborhood after Klein’s October 2007 decision to award the land to McLean, a former judge and Boulder mayor, and Stevens, an attorney. The couple sued for the Hardscrabble Drive property under the centuries-old law of adverse possession, which allows trespassers who openly use land for 18 years to claim it as their own.

The case, which the Kirlins had appealed, prompted public protests; death threats against McLean and Stevens; and an unsuccessful effort to fight Klein’s reinstatement in this month’s election. It spurred changes to Colorado’s adverse possession law, and spawned a new law prohibiting judges from hearing cases involving current or former judges from the same district.

Both couples called the settlement agreement a win-win situation: the Kirlins will be able to sell the property with enough land left to allow a house to be constructed on it, while McLean and Stevens will retain access to a path around the side of their house.

“I would have never done something like this to my neighbor, however I am happy that it’s finally over,” Don Kirlin said.

Stevens said the settlement ends a tense chapter in the neighborhood’s history.

“I think that the community will be relieved to see that the case is settled,” she said.

‘A fully buildable lot’

Although they’re still disappointed the lawsuit ever happened, the Kirlins said that having at least some of the valuable land back is satisfying.

“It’s cost me over $400,000” to fight the lawsuit, Don Kirlin said, “and after spending it, I only get to lose 12 percent of my property that I already owned.”

He said the property, with its expansive view of the Flatirons, is now for sale — listed at $925,000. A house with a footprint as large as 1,540 square feet could be built on it, he said.

“The end result is, and the most important part to me, is that it allows a fully buildable lot,” Don Kirlin said.

The investment, he said, was always meant to finance the couple’s “dream home,” which they still intend to build on their adjacent lot.

The terms of the settlement include provisions that allow construction crews to use the piece of the lot owned by McLean and Stevens for access to the site, but whoever buys the property must agree to restore the McLean-Stevens land to its original state after construction.

Don Kirlin said his neighbors approached him with the offer to settle the longtime dispute.

“I think their gut feeling was, and their legal counsel advised them, that there was a good chance they would lose in the court of appeals,” he said.

Kirlin said his neighbors stand to gain more from the deal than just land.

“Their friends abandoned them,” Don Kirlin said. “They want to try and attempt to regain some of their stature in the community.”

‘I don’t know why it took them so long’

McLean and Stevens said they had always hoped to settle the case, which was prompted by construction of a fence that cut off a path they had used unquestioned for 26 years.

They have said on several occasions that they tried to resolve the dispute without resorting to a lawsuit.

“You always are trying to settle the case without raising the level of antagonism, without incurring a lot of attorney’s fees, and we had hoped from the very start, before we filed the lawsuit, that we would be able to settle the case,” Stevens said.

The couple has long said their lawsuit was about preserving their right to use the land to access their own backyard, based on their two decades’ of previous use.

“I think from the very start, our goal was to retain access to the back of our property and to protect the trees and shrubs that we planted there,” Stevens said.

McLean echoed his wife, saying he wished the resolution could have come sooner.

“I’m quite satisfied with it, because we made the offer nearly a year ago,” he said. “I don’t know why it took them so long.”

Negotiations have been ongoing for more than a year, and the Kirlins said previous terms weren’t acceptable them.

‘Nobody had to lose this case’

In the year since the Boulder case gained national attention, Colorado lawmakers decided to revamp the law of adverse possession. As of July 1, the law gives judges the power to force adverse possessors to pay for the land they win, and to compensate the original owner for back property taxes and interest.

The case was unique for the way it affected the public, said Andy Low, attorney for the Kirlins.

“Out here in the West, people feel very strongly about property rights,” Low said. “It touched on a lot of people’s concerns about their own property.”

He said both couples were eventually able to rise above the “bitterness” that comes with lawsuits like this one, and reach a compromise.

“Ultimately, I think the headline for me is the case has a happy ending,” Low said. “Nobody had to lose this case, which is very unusual.”

Kimberly Hult, attorney for McLean and Stevens, agreed.

“This settlement should resolve the dispute in its entirety, including the appeal,” she said.

Cattlemen Ask Senate To Oppose Omnibus Public Land Management Act Of 2008

News Release
R-CALF

Washington, D.C. – R-CALF USA – on the recommendation of its Private Property Rights Committee – sent a formal letter to members of the U.S. Senate to encourage them to oppose the Omnibus Public Land Management Act of 2008.

“This is a massive land grab bill that could further restrict private property rights of cattle farmers and ranchers – people who care deeply for, and manage, our nation’s natural resources – and we strongly urge the Senate to oppose this piece of legislation,” said R-CALF USA Private Property Rights Committee Co-Chair Ray Cunio. “The federal government already owns more than 650 million acres, much of which is inadequately maintained and poorly managed. Unfortunately, some in Congress seem intent on placing even more land under federal control.”

R-CALF USA believes this particular legislation would subject millions of acres of land to government control and regulation and could prevent U.S. citizens from exercising their right of property ownership and wise multiple use of federal lands. The bill grabs so-called “wilderness areas,” “heritage areas,” and “scenic rivers,” and extends damaging centralized command and control of these lands.

“Specifically, this legislation could infringe on U.S. cattle farmers’ and ranchers’ vested and/or riparian water rights and restrict their constitutional right to keep and own property and make decisions concerning its use,” explained R-CALF USA Private Property Rights Committee Co-Chair Harlan Hentges. “This bill also creates new ‘conservation’ programs that would effectively encumber property rights, and millions of additional acres of land will be controlled by a vast and unaccountable bureaucracy. Ultimately, this bill forces American taxpayers to pay for an unnecessary restriction on the beneficial use of these valuable resources.

“Simply put, this legislation is blatantly contrary to our national principles, needlessly restricts property rights and unnecessarily restricts individual liberty,” he emphasized. “We urge all Senators to protect the citizens of the United States – taxpayers – and vote against the Omnibus Land Management Act of 2008.”

R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) is a national, non-profit organization dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA represents thousands of U.S. cattle producers on trade and marketing issues. Members are located across 47 states and are primarily cow/calf operators, cattle backgrounders, and/or feedlot owners.

Majority of African-Americans Oppose Public Lands Bill

Will African-Americans Continue to be Taken for Granted Even After Historic Election? Vote on Harry Reid's Omnibus Public Lands Bill Will be Key Test

Press Release
The National Center for Public Policy Research

Washington, DC - Senator Harry Reid's effort to pass the Omnibus Public Lands Management Act this week will be a key test of whether congressional liberals continue to take African-American support for granted, says the Washington, DC-based National Center for Public Policy Research.

The Omnibus Public Lands Management Act, an amalgamation of more than 100 bills that would place new restrictions on energy exploration, home construction, and business activity, has been scheduled by Harry Reid (D-NV) for a vote during this week's special lame duck session of the Senate.

The bill would restrict use of millions of additional acres of land, both public and private, through the creation of new National Heritage Areas (a program creating de facto federal zoning), new wilderness area designations, and management practices that would clear the way for special protections for so-called "view scapes," "sound scapes," and even "smell scapes."

But according to a new poll just released this morning by The National Center for Public Policy Research's Public Opinion and Policy Center, 52% of African-Americans oppose the legislation while only 37% support it.

"This is a key test of whether liberal politicians listen to African-Americans who cast 95% of their votes for Barack Obama and accounted for nearly one-quarter of all of President-elect Obama's votes," said David A. Ridenour, vice president of The National Center. "Black Americans don't want more land locked up if it means restricting energy development and home construction, driving up the price of both. And that's precisely what this bill would do."

Minorities are particularly vulnerable to home price increases and prices would likely rise following National Heritage Area designation.

An econometric study previously commissioned by The National Center noted, "The weight of increased home prices falls most heavily on minorities, the disadvantaged and the young, fewer of whom already own homes. The 'haves' who already own homes ride the price bubble created by restricted growth policies while the dream of ownership moves further away from the 'have-nots.'"

The poll surveyed 800 African-American adults and has a margin of error of +-3.46%.

The National Center for Public Policy Research is a non-partisan, non-profit educational foundation based in Washington, DC. It has joined Americans for Tax Reform and over 100 other organizations in raising concerns about the Omnibus Public Lands Management Act.

Public lands bill looks dead for year

Staff and wire reports
Casper Star-Tribune

CHEYENNE -- A massive lands bill with protections for the Wyoming Range and parts of the Snake River in Wyoming is likely dead for the year.

Supporters said Friday that the bipartisan Omnibus Public Land Management Act apparently fell victim to a filibuster threat by a Republican senator.

The bill would have prohibited any new oil and gas leasing, mining patents or geothermal leasing in a 100-mile-long stretch of the Bridger-Teton National Forest in western Wyoming. It would also protect 387 miles of rivers and streams in the Snake River drainage under the Wild and Scenic Rivers Act.

A spokesman for Senate Majority Leader Harry Reid said the Nevada Democrat strongly supports the lands package, but his first priorities in a lame-duck session next week are a planned rescue for the auto industry and extension of unemployment insurance benefits.

Oklahoma Sen. Tom Coburn had threatened to filibuster the bill over what he calls its excessive spending.

Sen. John Barrasso, R-Wyo., said Friday evening that he intends to fight for the public lands package when the Senate reconvenes in a lame-duck session on Monday.

"There are bills very important to Wyoming in this," he said in a phone interview.

He mentioned the Wyoming Range Legacy Act and the Snake Headwaters Legacy Act, which is under the Wild and Scenic Rivers Act. In addition, the package contains compensation for ranchers for damages done by wolves to their livestock.

"This is 150 bills that are packaged together for a single vote. And it sounds from that report that one senator is holding up the entire package because of certain bills but not all the bills, but everything is being held up," Barrasso said.

In the Wyoming Legislature the package would require 150 separate votes, he noted.

When the lame-duck session was called, Reid said the senate would be back to work on the public lands bill.

"I'm prepared to do that," Barrasso said.

The Wyoming Range Legacy Act, which, in addition to prohibiting new mineral leasing in part of the Bridger-Teton National Forest, would allow conservation groups to buy and retire existing energy leases.

The bill is sponsored by Barrasso, based on legislation that the late Sen. Craig Thomas was working on at the time of his death.

The Craig Thomas Snake Headwaters Legacy Act would protect 387 miles of rivers and streams in the Snake River drainage.

Supporters of the legislation had urged Congress to act during the lame-duck session, because some authors of the legislation either retired or weren't re-elected, and their replacements won't be as familiar with the omnibus bill.

The Wyoming measures have the support of conservation organizations, sporting groups, and union and trade organizations, as well as Gov. Dave Freudenthal.

Outside Wyoming, legislation would expand wilderness along Oregon's Mount Hood and create a vast new wilderness in Idaho's Owyhee canyons. The bill also would have created wilderness areas in California, Colorado and New Mexico.

Sen. Mike Enzi was with family in Wyoming on Friday evening and could not be reached for comment, according to spokeswoman Elly Pickett.

Stop New Federal Land Grab

Britt Weygandt
News Blaze

Congressional leaders say they will ram through an omnibus public lands package in a "lame duck" session of Congress coming up during the week of November 17th. The Roundtable is rallying Westerners to oppose this huge federal land grab.

Take action here right now: http://www.westernroundtable.com/oppose+federal+land+grab.aspx

This 1,000-page package includes more than 150 bills that would:

-- create more than a million acres of wilderness;
-- restrict the development of energy resources on various federal lands;
-- place hundreds of thousands of acres under new or enhanced federal control; and
-- further restrict many forms of use and access to public lands.

Not only that, but this bill would lock in, by statute, the Clinton Administration-inspired "National Landscape Conservation System" (NLCS) within the BLM. The bill would give federal land managers the ability to alter the long-standing multiple use management philosophy of the BLM by elevating the purposes to "conserve, protect, restore" above other purposes for NLCS units.

This could mean agriculture, energy exploration and production and other economic uses could become imperiled on huge swathes of Western public lands. To see the acreages impacted by NLCS in the West, go here: http://docs.westernroundtable.com/public_lands/BKGR_OmnibusLands_REVISED_10-08.pdf.

Please take 60 seconds and send a pre-drafted communication to your elected official here: http://www.westernroundtable.com/oppose+federal+land+grab.aspx

Thank you for helping to stop this very bad legislation.

Britt Weygandt
Western Business Roundtable
bweygandt@westernroundtable.com
www.westernroundtable.com

The Roundtable is a non-profit, 501(c)(6) organization that unites a wide variety of business and industry leaders to work on a bipartisan basis for public policies that promote a common sense balance between economic growth and environmental conservation.

Omnibus Public Land Management Act of 2008

by CEI Staff
Competitive Enterprise Institute

To: All members, U.S. Senate

Senate Majority Leader Harry Reid recently announced his plans to call back the Senate for a lame duck session to pass a massive land grab bill that will restrict property rights and hamstring energy exploration in the United States. On behalf of the undersigned organizations representing hundreds of thousands of taxpayers, small businesses, shareholders, consumers, and senior citizens, we strongly urge you to oppose the Omnibus Public Land Management Act of 2008.

This legislation contains over 1,000 pages and is comprised of more than 100 different land grab bills. From wilderness areas to heritage areas to wild and scenic rivers, this omnibus bill advances a centralized command-and-control vision of American lands. The federal government already owns over 650 million acres of land, much of which is experiencing severe maintenance backlogs or has already gone into disarray. We are concerned the omnibus bill would lock millions of additional acres of land into government regulation, preventing American citizens from exercising their right of property ownership.

By restricting access to land for energy exploration, this legislation is limiting the potential of the economy and directly interfering with America’s entrepreneurial drive. Through the creation of unnecessary new “conservation” programs, millions of additional acres of land will be managed by a vast government bureaucracy and its additional levels of “red tape.” This bill would ultimately force the American taxpayer to fund the purchase of land that could have otherwise been utilized in the private sector.

Furthermore, this $4 billion omnibus package contains a multitude of pork-barrel spending projects. At a time when taxpayers around the country are struggling to make ends meet, asking them to shoulder an even higher spending burden is unacceptable. Birthday celebrations for cities, tropical botanical gardens, and a study determining whether Alexander Hamilton’s boyhood estate is suitable to become a new National Park unit clearly are not national priorities, and treating them as such is an affront to your constituents.

As a matter of principle, property rights should be protected by recognizing the right of citizens to utilize and prosper from the land in this country. Legislation should never arbitrarily attempt to seize land from the public and restrict its use, as the omnibus package would. We urge you to stand up and reject Senator Reid’s effort to force this larded-up land grab down taxpayers’ throats.


Sincerely,

60 Plus Association, Jim Martin, President
Alaska Land Rights Coalition, Paula Easley, President and Ray Kreig, Vice Chairman
Albemarle Country Republican Committee, Christian J. Schoenewald, Chairman
Alliance for Worker Freedom, Brian Johnson, Executive Director
American Civil Rights Union, Susan A. Carleson, Chairman/CEO
American Conservative Union, David Keane, President
American Energy Alliance, Thomas Pyle, President
American Family Business Institute, Dick Patten, President
American Land Rights Association, Chuck Cushman, Executive Director
American Legislative Exchange Council, Alan B. Smith, Executive Director
American Policy Center, Tom Deweese, President
American Property Coalition, Linda Runbeck, President
American Shareholders Association, Ryan Ellis, Executive Director
Americans for American Energy
Americans for Forest Access, Inc., Eddie Philips, Sr., Chairman
Americans for Limited Government, William Wilson, President
Americans for Prosperity, Tim Phillips, President
Americans for Tax Reform, Grover G. Norquist, President
Americans for the Preservation of Liberty, Mark Chmura, Executive Director
Backcountry Horsemen of California, Redshank Riders Unit, Peter Spencer, Public Lands Liaison/State Director
Black Hills Regional Multiple Use Coalition, Tom Troxel, Executive Secretary
Buncombe County GOP Action Club, Kathleen R. Lack, President
California Land Institute, Sharon Bolton, President
Campaign for Liberty, David Wahlstedt, Congressional District 5 Coordinator
Center for Fiscal Accountability, Sandra Fabry, Executive Director
Center for Individual Freedom, Jeffrey Mazzella, President
Center for the Defense of Free Enterprise, Ron Arnold, Executive Vice President
Citizen Outreach, Chuck Muth, President
Citizens Against Recreational Eviction-USA, Candace Oathout, Chair
Citizens for Property Rights, Jack Shockey, President
Citizens for Property Rights, Loudon County, VA, Phil Sandoe
Citizens for Limited Taxation, Barbara Anderson, President
Citizens for Responsible Zoning and Landowner Rights, Inc., Marilyn F. Hayman, Chairman
Citizens United, David N. Bossie, President
Coalition for a Conservative Majority, Ken Blackwell, Chairman
Coalition of Concerned Citizens, Meade, KS, Ellen Verell, Chairman
Competitive Enterprise Institute, Myron Ebell, Director, Energy and Global Warming Policy
Council for Citizens Against Government Waste, Tom Schatz, President
Deschutes County Farm Bureau, Deschutes County, OR, Matt Cyrus, President
Empower Texans, Michael Quinn Sullivan, President
Environmental Community Outreach Services, Eureka, NV and Juno, AK, Liz Arnold
Environmental Perspectives, Inc., Michael S. Coffman, Ph.D., President
Ethan Allen Institute, John McClaughry, President
Fish & Wildlife Conservation Council, Leonard C. Harwood, Chairman
Formation Capital Corporation, US, “The Idaho Cobalt Project,” Jerry S. Hamilton, Environmental Coordinator
Freedomworks, Swain County Chapter, Bryson City, NC, William T. Dills
Free Enterprise Action Fund, Tom Borelli, Managing Partner
Frontiers of Freedom, George Landrith, President
Government Pirates: The Assault On Private Property Rights – And How We Can Fight It, Don Corace, Author
Gun Owners of America, Larry Pratt, Executive Director
Hocking Valley Motorcycle Club, Reynoldsburg, OH, James E. Kenny, Vice President
Idaho Valley Farm Bureau, Jeanne Amzen, Women’s County Chairperson
Illinois Policy Institute, Greg Blankinship, President & Founder
Institute for Liberty, Andrew M. Langer, President
International Liquid Terminals Association, R. Peter Weaver, Director of Regulatory Compliance and Safety
Iowa Wednesday Meeting Group, Dr. Don Racheter, Founder and Moderator
JB’S Construction, James Gallaway, President
League of Private Property Voters, Chuck Cushman
Let Freedom Ring, Colin Hanna, President
Liberty Coalition of Free Citizens, Dan Goulet, Chairman
Maryland Center-Right Coalition, Richard Falknor, Chairman
Merced Dirt Riders, Inc., Turlock, CA, Michael Damaso
Montana Association of State Grazing Districts
Montana Multiple Use Association, Tim Ravndal, Board of Directors
Montana Public Lands Council
National Center for Public Policy Research, Amy Ridenour, President
National Tax Limitation Committee, Lew Uhler, President
National Taxpayers Union, Duane Parde, President
NC OHV Association, Nancy Minard, President
New Jersey Off Highway Vehicle Association, James Parrinello, Vice President
New Mexico Cattle Growers’ Association, Alisa Ogden, President
New Mexico Federal Lands Council, Mike Casabonne, President
New Mexico Wool Growers, Inc., Joan Kincaid, President
North Dakota Farm Bureau, Brian Kramer, Public Policy Director
North Shore Road Association, Linda G. Hogue, Chairman
Northwest Mining Association, Laura Skaer, Executive Director
Oregon Cattlemen’s Association, Kay Teisl, Executive Director
Oregon Hunters Association, Fred Craig, President
Oregonians In Action, Bill Moshofsky, Vice President
People for the West – Tuscon, Inc., Jonathan DuHamel, President
People for Wyoming, Dorothy Bartholomew, President
Project 21 Advisory Council, Mychal Massie, Chairman and Deneen Borelli, Fellow
Property Rights Alliance, Kelsey Zahourek, Executive Director
Property Rights Foundation of America, Inc., Carol W. La Grasse, President
Providence City, Utah, Randy Simmons, Mayor
Public Lands for the People, Inc., Gerald Hobbs, President
Pulp and Paperworkers’ Resource Council, James Randy Bowen, Southern Pine Region Director
Rhode Island Wise Use, Brian Bishop
RI Farm Bureau, Al Bettencourt, Executive Director
RightMarch.com, Dr. William Greene, President
Ruffed Grouse Lodge, John D. Reardon
Rule of Law Committee, William H. Shaker, Volunteer President
Small Business and Entrepreneurship Council, Karen Kerrigan, President & CEO
South Dakota Stockgrowers Association, Margaret Nachtigall, Executive Director
Southern Appalachian Multiple-Use, Steve Henson, Executive Director
Stewards of the Sequoia, Chris Horgan, Executive Director
Take Back Pennsylvania, Fred V. Grau, Jr., Executive Director
Taxpayers for Accountable Government, Jim Vogt, President
Tennessee Tax Revolt, Ben Cunningham
Tradition, Family, Property, Inc., C. Preston Noel, III, President
Turn Bull Lumber Company, Doug Clark
U.S. Bill of Rights Foundation, Dane vonBreichenruchardt, President
Virginians for Property Rights, Patricia Bradburn, President
West 65, Inc., Carla Harper
Western Business Roundtable, Darrell Henry, Director of Federal Government Affairs
Washington Farm Bureau
Water for Life, Inc., Bill Wilber, President
Wisconsin ATV Association, Inc., Randy Harden, President and Rob McConnell, Vice President

Individuals:

Alice Jean Avery, Lava Hot Springs, ID
James & Joyce Bant, Hazelhurst, WI
Judy Boyle, Representative-Elect, Idaho Legislature
Robert E. & Carol L. Brown, Vancouver, WA
Shannon Chastain, AERC Member, AHA Member, MOTDRA Member
Odell Christman, Soda Springs, ID
Connie Cyrus
Genda Frei, Farm Bureau Member, Grangerville, ID
Kim Frei, Playwright, Grangerville, ID
Ronald Frei, Farm and Ranch Owner, Grangerville, ID
Diana Furchtgott-Roth
Ted Graham, NC Registered Forester
Boyd & Shirley Hardy, Farmers
Craig A Harber, Professor, Extension Wildlife Specialist, Department of Forestry, Wildlife, and Fisheries, University of Tennessee
Paul & Kathleen Hayden, Baker, NV
Sierra Dawn Stoneberg Hold, Ph.D.
John Hutchings, Las Vegas, NV
David B. Isner, North Carolina Registered Forester
Donald B. Jeakins, Mining Industry (Retired), Fallon, NV
Mary Ann Jeakins, Banking Industry (Retired), Fallon, NV
Maxine Korman, Korman Ranch, Hinsdale, MT
Dennis LaBare, Upper Tract, WV
Tim LaFarge, Ph.D., Forest Geneticist (Retired)
Nancy Landt, Santa, ID
Terry McKinney, American Motorcyclist Association Member, Blue Ridge Coalition Member, Tobaccoville, NC
Milari Madison, Property Owner, Waterford, PA
Ed Martin, St. Louis, MO
Carl Meyers
Vernon L. & Susan K. Moore, Phillips, WI
Mrs. Alexandra H. Mulkern, Mechanicsville, MD
Stephen L. Ralston, Columbia, PA
Floyd Rathbun, Fallon, NV
Tim Ravndal, Townsend, MT
Cliff Rexrode
Gary E. Sattler, Freelance Writer, AOL Network
R.J. Smith, Environmental Consultant, WDC
Rachel Thomas, Property Rights Leader, Huachuca City, AZ
Teresa & John Whitmore

1.1 million Utah acres of public land closed to off-highway vehicles

By SENTINEL STAFF
Daily Sentinel

The Bureau of Land Management on Friday approved five new Resource Management Plans for field offices in Utah that will close almost 1.1 million acres, or 13 percent, of public lands to off-highway vehicle travel in these areas, according to a news release.

Off-highway vehicle travel on designated roads is still allowed on 7.6 million acres, or 88 percent of public lands in the five field office areas of Moab, Kanab, Price, Richfield and Vernal.

The new plans replace 25-year-old plans and better address “the need for improved recreation opportunities, better management of cross-country travel to protect natural resources, the use of best management practices to mitigate the impacts of energy development activities and additional safeguards for the protection of environmentally sensitive areas,” the BLM’s release said.

The BLM is managing 361,000 acres of the 2.2 million acres of land officials considered to be eligible for wilderness characteristics in the five plans.

According to the new plans, 53 percent of the acreage open to oil and gas leasing will be subject to stricter environmental controls, and 18 percent of the lands within the planning areas are unavailable for any energy leasing.

“BLM has committed in each of the plans to find innovative ways to minimize the footprint on public lands. This is done through best management practices, including directional drilling, well placement and sound muffling,” the release said.

Many of the plans were started in 2001 and were approved after protests were reviewed by its director and the state of Utah.