Showing posts with label mining. Show all posts
Showing posts with label mining. Show all posts

December 12, 2017

Court upholds Obama-era ban on uranium mining near Grand Canyon

The Kanab North uranium mine near the Grand Canyon above Kanab Creek. (Mark Henle/The Republic)

Joshua Bowling
WKYC.com


PHOENIX — The U.S. 9th Circuit Court of Appeals on Tuesday upheld a 20-year ban on new uranium mining on public land near the Grand Canyon, while also striking down a challenge to an existing uranium mine south of Grand Canyon National Park.

In its opinion, the court ruled that the ban, imposed in 2012 under former president Obama, lines up with the Constitution and federal environmental laws. However, it ruled that a mine 6 miles south of the national park had a right to operate.

"We upheld the decision of the secretary of the Interior to withdraw, for 20 years, more than 1 million acres of public lands around Grand Canyon National Park from new mining claims," the opinion states. "That withdrawal did not extinguish 'valid existing rights.' "

The ban was put in place by the U.S. Department of the Interior under former secretary Ken Salazar. It came as mining operations were renewing their interest in uranium deposits near the canyon.

A spokeswoman for the Department of the Interior declined to comment Tuesday and said the Department of Justice handles questions on litigation.

A DOJ spokesman declined to comment and did not respond to further questions.

The suit — led by the Havasupai Tribe, Grand Canyon Trust, Center for Biological Diversity and Sierra Club — sought continued protections under the standing mining ban.

"The Havasupai people have been here since time immemorial. This place is who we are,” Havasupai Tribal Chairman Don Watahomigie said in a statement. "This place, these waters and our people deserve protection. The lives of our children and the purity of our waters are not to be gambled with and are not for sale."

In addition to the canyon's symbolic value, supporters of the suit argued it has significant economic value.

Grand Canyon National Park in 2016 contributed about $904 million to local economies and supported nearly 9,800 jobs, according to the National Park Service.

"The Department of the Interior’s decision to protect one of the world’s most enduring landscapes and the sustained health of indigenous communities that live within the watershed of the Grand Canyon was a strong and appropriate one,” said Kevin Dahl, Arizona senior program manager for the National Parks Conservation Association.

About 1 million acres adjacent to the Grand Canyon are protected under the ban, though the continued exception for existing mines came as a disappointment to the plaintiffs in the suit.

"We are disappointed that the court did not uphold the challenge to Canyon Mine, however, and we will continue to do all we can to ensure permanent protection of these lands," Sierra Club Grand Canyon chapter director Sandy Bahr said in a statement Tuesday.

The appeals court's decision comes on the heels of President Trump's decision to drastically shrink two national monuments in Utah — a decision a Navajo Nation attorney called a "slap in the face."

Interior Secretary Ryan Zinke, has drawn conservationists' ire for his review of national monuments, in particular those established under former presidents Obama and Bill Clinton.

He initially ordered a review of the Grand Canyon-Parashant National Monument, north of the Canyon, an area that sits atop uranium deposits. Ultimately, he left the monument unchanged.

In a statement Tuesday, Sen. Maria Cantwell, D-Wash., criticized Zinke for "ongoing actions to hand over public lands to extractive industries instead of ensuring taxpayers get a fair deal."

A history of litigation

The suit is far from the first for the uranium mining ban.

In 2012, the year it was put in place, The Arizona Republic reported that the National Mining Association and the Nuclear Energy Institute challenged the ban's constitutional merits.

Hal Quinn, president and CEO of the mining group, said at the time that the Interior Department "offered no evidence ... that a million-acre land grab is necessary to avoid environmental harm."

Taylor McKinnon, of the Center for Biological Diversity, said in a statement Tuesday that opening exposing the land to uranium mining could do harm to its aquifers.

“Any effort to lift this crucial ban will meet fierce opposition,” his statement read. “There’s every reason to believe uranium mining could permanently damage Grand Canyon’s precious aquifers and springs. That’s an unacceptable risk, and it’s immoral of Congress and Trump to even consider it.”

What's next?

Although the mining ban has worked its way through the legal system, some believe this could be the end of the line.

Roger Clark, Grand Canyon program director for the Grand Canyon Trust, said he doesn't believe the case will end up before the Supreme Court.

"In both cases, the appellate court upheld the district court and there was no discrepancy in their rulings and there’s very little, I’m told by our attorneys, angle for appeal in either case," he said. "I’m not an attorney, so I’ll put that caveat in there."

December 6, 2017

Trump administration hints at changes to California desert's smallest national monument

President Barack Obama used his executive authority under the Antiquities Act to protect this lush expanse of Joshua trees in the Castle Mountains. Obama designated the Castle Mountains National Monument in 2016. (Jay Calderon/The Desert Sun)

Sammy Roth
The Desert Sun


Interior Secretary Ryan Zinke isn't recommending any changes to Sand to Snow or Mojave Trails, two national monuments in the California desert that were established by then-President Barack Obama last year.

But Zinke's review of 27 national monuments, which was released to the public on Tuesday, hints at the possibility of allowing hunting in Castle Mountains National Monument, a pocket of California desert tucked between Mojave National Preserve and the Nevada border, where jutting mountains that look like the ramparts of a castle loom over Joshua trees, bighorn sheep, abundant grasses and a gold-mining ghost town.

The desert's bighorn sheep are protected by the Endangered Species Act, so any hunting would be extremely limited. But the Castle Mountains area is also home to mule deer, bobcats, quail, cottontail rabbits and other species sought by hunters.

President Donald Trump ordered Zinke earlier this year to review all monuments larger than 100,000 acres that have been established by presidential decree since 1996. That appeared to exclude Castle Mountains, which was designated by Obama alongside Sand to Snow and Mojave Trails but encompasses just 21,000 acres. But Trump also told Zinke to review any monuments Zinke determined were established "without adequate public outreach and coordination with relevant stakeholders." Rep. Paul Cook, a Republican who represents the High Desert, wrote a letter to Zinke arguing that Castle Mountains was "created without any local outreach or input," and that Obama had created the monument for the sole purpose of preventing the reopening of a gold mine.

In a brief section of Zinke's report labeled "other monuments," the Interior secretary lists just one example of a monument he believes was established without adequate public outreach: Castle Mountains. Zinke said his review process "uncovered inadequate communication with the sportsmen community." According to his report, hunting is prohibited in Castle Mountains because Obama's monument proclamation didn't explicitly say it's allowed, even though hunting is permitted next door in the 1.6-million acre Mojave National Preserve. Both sites are managed by the National Park Service.

Zinke didn't explicitly call for changes to the management of Castle Mountains National Monument. But in the paragraph immediately after his mention of Castle Mountains, he recommended "ongoing review of monuments to ensure that while continuing to protect objects, the proclamations prioritize public access; infrastructure upgrades, repair, and maintenance; traditional use; tribal cultural use; and hunting and fishing rights."

An Interior Department spokesperson didn't respond to an emailed question about whether Zinke intends to recommended changes to Castle Mountains. A spokesperson for Cook, the GOP member of Congress, also didn't respond to a request for comment.

David Lamfrom, director of national wildlife programs for the nonprofit National Parks Conservation Association, rejected the idea that there wasn't adequate public outreach before the Castle Mountains monument designation. Separate pieces of legislation proposed by Cook and Sen. Dianne Feinstein, a California Democrat, would have added the area to Mojave National Preserve, but those bills were bogged down by the more contentious politics of the proposed Mojave Trails monument. Only after several failed legislative efforts did Obama use the Antiquities Act to make Castle Mountains a national monument, since it could only be added to the national preserve by Congress.

"There's been decades of work of vetting related to Castle Mountains," Lamfrom said.

Still, Lamfrom said he thinks it's "reasonable to have a conversation" about allowing hunting in Castle Mountains, especially considering it's allowed in Mojave National Preserve, which surrounds the monument on three sides. He said Congress could vote to allow hunting, or the National Park Service could initiate a rule-making process.

"That should be locally driven and include local management and local stakeholders. So I think that having that conversation is OK, in terms of that larger management, in terms of consistency of management over these larger landscapes," Lamfrom said. He added that enforcing a prohibition on hunting within the 21,000-acre monument may be difficult, considering it's surrounded by the much larger preserve, where hunting is allowed.

Zinke recommended shrinking six national monuments: Bears Ears and Grand Staircase-Escalante in Utah, Cascade-Siskiyou in Oregon and California, Gold Butte in Nevada, and Rose Atoll and Pacific Remote Islands in the Pacific Ocean. Trump got a head start on those recommendations on Monday, traveling to Salt Lake City to sign orders dramatically reducing the size of Bears Ears and Grand-Staircase-Escalante, both of which were hated by the state's all-Republican congressional delegation.

Zinke also advised changes to the way four other monuments are managed: Katahdin Woods and Waters in Maine, Northeast Canyons and Seamounts in the Atlantic Ocean, and Organ Mountains-Desert Peaks and Rio Grande del Norte in New Mexico.

Collectively, the changes envisioned by Zinke could open more of America's public lands and waters to oil and gas drilling, mining, timber harvesting and commercial fishing.

Conservationists, outdoors enthusiasts and recreation companies have slammed Zinke's monuments review as a sham designed to allow private companies to exploit public resources. They've also argued Trump doesn't have the legal authority to make such sweeping changes to monuments designated by his predecessors under the Antiquities Act, although several presidents have reduced the size of such monuments.

More than a dozen environmental groups and Native American tribes have already filed lawsuits challenging Trump's proclamation shrinking Bears Ears and Grand Staircase. The outdoor clothing company Patagonia, which is based in Ventura, California, has also threatened to sue. The company protested Trump's actions Monday by briefly replacing its online homepage with the message, "The president stole your land."

Zinke responded to Patagonia's criticism on Tuesday, telling reporters that it's "shameful and appalling to blatantly lie in order to get money in their coffers." He said any land removed from a national monument would still be owned by the federal government.

"Not one square inch was stolen," Zinke said.

August 28, 2017

Under Obama, a gold mining firm was fine with a Mojave Desert monument. Under Trump, an about-face

Aren Hall, environmental manager of the open-pit Newcastle mining operation, surveys the eastern Mojave Desert site. (Louis Sahagun / Los Angeles Times)

by Louis Sahagun
Los Angeles Times


Less than a year ago, President Obama’s designation of a new national monument in the eastern Mojave Desert — featuring a row of jagged peaks rising above native grasslands and Joshua trees — was hailed as a compromise that served the goals of conservationists and the mining industry.

The 20,920-acre monument surrounded, but did not include, an open-pit gold mining operation at the southern end of the Castle Mountains. That allowed Newcastle Gold Ltd. of Canada to proceed with plans to excavate 10 million tons of ore from its 8,300-acre parcel through 2025.

“The company appreciates that it has been consulted throughout this process,” Newcastle said at the time. “The new land designation reflects a compromise position that meets our needs as well as respecting the interests of other stakeholders in the area.”

So, conservationists said, they were caught off guard to learn Newcastle’s position shifted after the Trump administration moved to roll back federal protections on many of the monuments created by previous administrations.

Castle Mountains National Monument was not on the list of 27 sites proposed for status modification or elimination. In a plan delivered Thursday to the White House, but not released to the public, Interior Secretary Ryan Zinke said he has suggested the president make changes at “a handful” of those monuments.

Yet letters obtained through a Freedom of Information Act request show that Newcastle and Rep. Paul Cook (R-Yucca Valley) have told Zinke the designation was made without adequate public outreach or input from the company.

The firm’s recommended solution: Reduce the size of Castle Mountains National Monument by 50%.

“The company gave its word that the deal we struck nearly a year ago was good,” David Lamfrom, director of California and desert wildlife programs for the National Parks Conservation Assn., said last week. “So we’re … furious to learn that the company and its supporters have been secretly complaining that the process was unjust.”

In an interview, Gerald Panneton, chief executive of Newcastle, confirmed that the company met with Interior Department officials in June to discuss shrinking the monument. He dismissed the company’s initial cheery assessment of Obama’s designation as “words used to calm investors.”

“There were never adequate consultations with us,” said Panneton, who joined the company after the designation was made. “That’s a problem because we need room to explore and grow.”

In an opinion piece published Wednesday in the Desert Dispatch newspaper, Cook accused Obama of creating the Castle Mountains monument under the Antiquities Act “without a public meeting or public comment” as part of a “backroom deal” with conservationists. He also said Trump has specifically asked Zinke to modify the monument.

Alex Hinson, a spokesman for the U.S. Department of the Interior, declined to comment.

The area where the monument is located, about 100 miles south of Las Vegas, has a long history of battles pitting preservationists against mining, grazing and recreational interests.

In the late 1980s, plans to use a controversial gold-mining technology came under attack by environmentalists, who claimed it would dry up a perennial spring and attract wildlife to cyanide-laced water.

In 1994, the mineral-rich portion of land was carved out of the adjacent Mojave National Preserve at the request of Sen. Dianne Feinstein (D-Calif.), who recognized the economic value of its gold mining operations. The then-Viceroy Mine produced more than 1 million ounces of gold by the time its main pits — dubbed Leslie Ann, Oro Bell and Jumbo — were shuttered in 2001 due to low gold prices.

Standing one recent day at the edge of a mining pit dug into the mountains, Newcastle environmental manager Aren Hall smiled and said, “Impressive, isn’t it?”

Panneton said Newcastle aims to resume production next year.

“We’re more than happy to sit down with environmental groups and work out our differences,” he said. “For example, the mine could help subsidize the monument and Mojave National Preserve once it’s up and running and making a profit.”

Lamfrom, however, has his doubts.

“The company’s word is not as good as gold,” he said.

August 24, 2017

Review of monuments’ designation justified

Rep. Paul Cook, R-Apple Valley,
represents the High Desert in
the House of Representatives.
OPINION

By Rep. Paul Cook
Desert Dispatch


As you might recall, former President Obama unilaterally designated two monuments in our area despite significant local opposition, doing so through misuse of the Antiquities Act. The creation of a Mojave Trails monument has been debated for some time, and a local consensus was reached on its boundary. Still, after colluding with special interest groups and performing a single fly-over in an airplane, Obama created a much larger monument and did so without a public meeting or public comment. He created another monument, Castle Mountains, out of thin air by that same abusive process.

You might also have heard attack ads against me and President Trump, implying that we seek to destroy these monuments. (They neglect to mention that I support fully a third monument, Sand to Snow.) If you’re skeptical of their message, you should be. It’s a complete lie on multiple levels. My position on Mojave Trails has never changed: The President should abide by the bipartisan boundaries established in my desert bill and Senator Feinstein’s desert bill. My position on Castle Mountains has never changed: no monument should be created without public input.

Anyone or any entity supporting Obama’s abuse of the Antiquities Act is supporting the dirty closed-door politics that Washington, D.C. has given us for too long. We shouldn’t accept the absurd notion that a single politician should determine the fate of your livelihood, community, and region without your input — that somehow he knows best. Furthermore, opposing Obama’s abuse of the Antiquities Act does not mean opposition to protecting public lands.

I support smart conservation, with monuments created through a thorough public vetting process. That’s why I introduced desert legislation in 2015 (HR 3668) and again in 2017 (HR 857), because we deserve a sensible approach to conservation that includes input from Congress and the public. While drafting these bills, I’ve worked with countless stakeholders — including the aforementioned environmental groups and other environmental groups with better integrity — to ensure that land protections meet the demands of local economies, recreationalists, and conservationists. This resulted in significant support locally.

The county of Inyo and cities of Apple Valley, Banning, Barstow, Big Bear Lake, Hesperia, Twentynine Palms, and Yucca Valley endorsed my proposal because it protected public access to Mojave Trails. I even mailed a survey to tens of thousands of households in my district to see if a monument or a less restrictive designation was preferred for Mojave Trails. A plurality of the 2,500 survey responses supported a less restrictive designation (47% to 44%).

Instead of protecting the 965,000 acres of Mojave Trails as addressed in Feinstein’s legislation and my own, Obama drew a staggering 1.6 million-acre boundary. To make matters worse, Obama created the Castle Mountains National Monument to stop a mining project that environmental extremists have long despised. In fact, the actual Castle Mountains — an interesting topographical feature — could have been protected without drawing the boundary so large as to prevent the mining operation. In both cases, Obama used the Antiquities Act to circumvent public scrutiny.

That’s why President Trump asked Department of the Interior Secretary Ryan Zinke to issue recommendations on modifying Mojave Trails and Castle Mountains national monuments. It’s ironic that these extreme environmental groups and their Congressional advocates claim there was a “backroom” deal between Trump and mining companies in determining the fate of these monuments — ironic because a backroom deal occurred between these environmental groups and Obama in creating the monuments. I believe a Freedom of Information Act request would prove my statement true, because some members of these same groups insinuated such collusion in speaking to my staff. Moreover, Zinke’s review allowed for public comment; Obama’s actions did not.

No one side should have free reign in the discussion of public land use, but we haven’t seen a balanced approach in decades. Had Obama and his special-interest supporters chosen good public process in determining these monuments, the Trump administration would not be reviewing their misdeeds. Obama threw 553.5 million acres of public land into national monuments, nearly twice as much as all previous presidents combined. We should never assume one person in government, given that much power, has acted properly in every case. No presidential action is above review.

August 18, 2017

Lawmaker wants to shrink Castle Mountains monument to make more room for a gold mine

Castle Mountains National Monument surrounds the Castle Mountain gold mine which a Canadian company is looking to reopen. (Photo: Jay Calderon/The Desert Sun)

Ian James
The Desert Sun


In May, when the Trump administration announced its list of national monuments that would fall under an unprecedented nationwide review, California’s Castle Mountains National Monument wasn’t among them.

But if Rep. Paul Cook has his way, President Donald Trump will reexamine this newly created monument in the Mojave Desert and carve out more space for a gold mine.

Castle Mountains was the smallest of three monuments that President Barack Obama established last year across the California desert. The 21,000-acre monument includes jagged peaks, Joshua trees and grasslands in the desert between Mojave National Preserve and the Nevada state line.

The monument also surrounds the Castle Mountain gold mine, which the Canadian company NewCastle Gold is looking to reopen more than a decade after it was shut down due to low gold prices.

The company has recently urged the Trump administration to reduce the size of the monument to free up more land around the mine – and Cook seconded that request in a June 8 letter to Interior Secretary Ryan Zinke.

“Although this is the smallest of the four monuments in my district, it is also the most problematic,” Cook said in the letter. “This monument was created without any local outreach or input. It was designated for one purpose: to prevent the reopening of the Castle Mountain Mine.”

Obama’s decision to designate new monuments using his authority under the 1906 Antiquities Act has drawn criticism from Cook and other Republicans. By the time he left office, Obama had created or expanded 34 monuments, more than any other president.

Trump launched the review of national monuments in April, accusing Obama of an "egregious abuse use of power."

In his executive order, Trump instructed Zinke to review any national monument of at least 100,000 acres created since 1996. The order included a loophole allowing for smaller monuments in cases where Zinke determines that a designation “was made without adequate public outreach and coordination with relevant stakeholders.”

But when the Trump administration came out with its list of 27 land and marine monuments that would be reexamined, Castle Mountains appeared to be off the hook. The only monument on the list below the 100,000-acre threshold was Katahdin Woods and Waters in Maine.

Zinke is due to announce his recommendations by Aug. 24 for six national monuments in California, including Mojave Trails, Giant Sequoia, Carrizo Plain, San Gabriel Mountains and Berryessa Snow Mountain. He announced this week that the administration won’t shrink or eliminate Sand to Snow National Monument.

It’s not clear whether or how Zinke might take up Cook’s suggestion to include Castle Mountains in the review.

In his letter, Cook pointed out that when Mojave National Preserve was created in 1994 under legislation introduced by Democratic Sen. Dianne Feinstein, the Castle Mountains area was excluded to allow mining to continue.

He said there were later proposals in Congress to add parts of the area that weren’t needed for mining to the Mojave National Preserve, but never to establish Castle Mountains as its own monument. Cook said the first time the proposal was announced came just months before Obama designated the monument.

Cook said “there was no real public outreach or coordination” in that process. A single public meeting was held on the proposal in October 2015, he said, and it occurred outside San Bernardino County, more than 200 miles away from the Castle Mountains.

Cook told Zinke that even though the national monument is smaller than 100,000 acres, it’s “worthy of the utmost scrutiny by your department.”

Cook’s suggestions came to light this month after The Wilderness Society, a nonprofit conservation group, obtained his letter through a request under the Freedom of Information Act.

With his letter, Cook included a map showing his proposed changes to the monument, which would open up more areas around the mine. He also included letters to Zinke from NewCastle Gold and San Bernardino County.

Robert Lovingood, chair of the San Bernardino County Board of Supervisors, said in his letter to Zinke that if he decides to review Castle Mountains, the county wants to see the government address “issues of access through the monument to the mine and access to water needed to service the mine” and accommodate future expansion.

Kerry Shapiro, a lawyer representing NewCastle Gold, requested in a June 1 letter to Zinke that the national monument be reduced by roughly 50 percent and that the government amend a proclamation to allow the company “the flexibility it needs to explore for and develop new mining claims, water resources” and other facilities.

The company said in the letter that Castle Mountains is much larger than it needs to be to protect wildlife, habitats and natural springs, and that the national monument “could be cut in half and still protect those resources most deserving of long-term conservation.”

If the monument remains unchanged, the company said that would “constrain or end” the mining project.

The company's concerns contrast with the stance it took publicly when the monument was created in February 2016. At the time, NewCastle Gold said in a press release that the company was pleased its claim and private lands weren’t affected, that some adjacent federal lands weren’t included and that Obama’s proclamation said its existing rights would be maintained.

David Adamson, who was then NewCastle’s CEO, said in the statement that the federal land not included in the monument “extends well beyond our resource limits and claim boundaries and includes ample land for potential project development.”

Adamson also said NewCastle appreciated “that it has been consulted throughout this process and that the new land designation reflects a compromise position that meets our needs as well as respecting the interests of other stakeholders and the public in the area.”

Adamson left the company last year. The current president and CEO is Gerald Panneton, who has said that the company is looking to get the mine operating again soon and that he sees great potential for the operation to get bigger.

NewCastle said in a statement this month that it drilled a second well as part of a study to identify additional water sources. The company said the well was drilled to a depth of nearly 1,600 feet and reached the water table 570 feet underground. NewCastle said it also has three other wells at the site.

In addition to suggesting that Trump shrink Castle Mountains, Cook has also called for redrawing the boundaries of Mojave Trails National Monument to remove a vast southern portion that connects the monument to Joshua Tree National Park.

Conservation groups criticized Cook’s efforts to eliminate parts of the monuments.

Danielle Segura, executive director of the Mojave Desert Land Trust, said the proposed changes to Castle Mountains and Mojave Trails are “a direct affront to the will of our community.” She said in a statement that Cook’s recommendations “are not in the best interest of the diverse desert communities who have fought for, and benefit from, these public lands.”

David Lamfrom, director of the National Parks Conservation Association’s California desert program, said he was taken aback by Cook’s requests.

“To ask for Castle Mountains to be put under review is really surprising because an agreement was hammered out,” Lamfrom said. “The public has weighed in and said they want these places to be protected.”

Segura and Lamfrom wrote to Zinke last month arguing there’s no need to put Castle Mountains under review. They said the national monument doesn’t inhibit current or future mining, and doesn’t put jobs or government revenues in jeopardy.

Segura and Lamfrom signed the letter together with representatives of two other groups – the California Wilderness Coalition and the Center for Biological Diversity. They said the monument’s creation wasn’t a last-minute deal but rather a “diligent effort spanning several years” and involving the company.

“Throughout this process, especially leading up to the monument designation, NewCastle Gold was engaged, consulted and apprised,” they said in the letter.

Obama established the national monuments in the California desert after separate monument bills introduced by Feinstein and Cook failed in Congress.

Lamfrom said he knows Cook is someone who cares about public lands, but “that letter really seems to be taking actions that side with furthering the interests of industrial projects and threats to the California desert.”

Cook was unavailable for an interview and responded to questions from The Desert Sun by email. He said NewCastle Gold has made clear its opposition to the monument’s current boundaries.

“The primary concern of the mine operators is that the Castle Mountains National Monument eliminates the buffer zone that was purposely created between the project area and the Mojave National Preserve in Sen. Feinstein’s 1994 Desert Protection Act,” Cook said. “Any inability to access the buffer zone for ancillary facilities and future operational expansion would render the project unviable.”

Cook said when the mine is fully operating, it’s expected to generate more than 200 jobs and over $7 million in revenue for the county and state – which the county sorely needs to pay for the work of restoring lands that have been mined across the desert.

His complaints about the monument go beyond his concerns about the mine needing more space.

When the monument was created, land that previously fell under the Bureau of Land Management’s jurisdiction was handed over to the National Park Service to manage.

The new national monument immediately banned hunting, Cook said in his letter, despite the fact that hunting – for animals such as bobcats and mule deer – is allowed nearby in the Mojave National Preserve and had been permitted in the Castle Mountain area before the monument was created.

He asked Zinke to assign the monument’s lands back to the Bureau of Land Management and to allow hunting again.

Cook opposed Obama’s designation of the monument from the beginning. He said the monument never appeared in any legislation and “directly violates the legislative intent” of the 1994 law, which established the zone around the mine.

“We can discuss whether portions of the buffer zone should be incorporated into the Mojave National Preserve, but that discussion must be facilitated through legislation and public outreach, not behind closed doors, such as it did during the Obama administration,” Cook said.

Cook said he’s convinced that Castle Mountains, even though it’s smaller than the 100,000-acre threshold, fits with Trump’s order to reevaluate monuments that were created “without adequate public outreach and coordination” with stakeholders.

“It clearly qualifies for review,” Cook said.

Zinke and Trump could say any day now whether they agree with him.

December 27, 2016

BLM bans new mining claims in protected desert land areas


By Jim Steinberg
San Bernardino Sun


The federal Bureau of Land Management wants to halt new mining claims from sprouting up on more than 1 million acres of land in the California desert.

On Wednesday the bureau will propose the temporary withdrawal of more than 1.3 million acres of the state’s National Conservation Lands from the “adverse impacts of mining.” The stoppage will take effect immediately until a thorough evaluation is completed in two years. The evaluation will decide if the ban will become permanent.

The proposal would not prohibit ongoing or future mining on valid existing claims, only new claims, according to bureau spokeswoman Martha Maciel.

The step is the first in a series to “more fully protect important areas within the California Desert Conservation Area,” Beth Ransel, the bureau’s California desert district manager, said in a statement.

The proposal targets four priority areas including 418,000 acres in the Amargosa Valley of Inyo and San Bernardino counties, the 95,000-acre Big Morongo area of San Bernardino County, the 590,000-acre Chuckwalla Bench/Dos Palmas area of Riverside County and 236,000 acres in the Eastern Sierra, Maciel said.

The proposal is to be published Wednesday in the Federal Register and initiates the temporary ban on new claims.

“This is something that is going to be welcomed by the conservation and scientific community, hunters and those areas where (desert land) tourism is important to their local economy,” said Frazier Haney, conservation manager for the Mojave Desert Land Trust in Joshua Tree.

Officials with the National Mining Association, the American Exploration and Mining Association and the Gold Prospectors Association of America could not be reached for comment.

This is the last step in the process of the Desert Renewable Energy Conservation Plan, Haney said, which identified these lands as being vital to biological and cultural resources.

The plan took effect Sept. 14 and is intended to direct large-scale alternative energy projects away from sensitive lands.

Before making a final decision, the bureau will conduct studies to weigh considerations of the environment versus the impacts of taking these areas out of new mining development.

There also will be a series of meetings to consider information from the public and others on the mineral potential of the affected areas, according to the bureau.

December 12, 2016

Joshua Tree National Park poised to grow by 20,000 acres

Southern California´s tallest peak, San Gorgonio Mountain, can be seen from some parts of Joshua Tree National Park. (Staff Photo by Sarah Alvarado/ San Bernardino Sun)

By Jim Steinberg
The San Bernardino Sun


TWENTYNINE PALMS -- Joshua Tree National Park, the nation’s 15th largest, is poised to grow by more than 20,000 acres early next year.

After a lengthy study and environmental assessment, the National Park Service recommends adding more than 20,000 acres of federal, state and private lands to the boundary of Joshua Tree National Park.

The majority of the land — all of it in Riverside County — is in the Colorado Desert, a low elevation and area too hot with too little rain for the park’s iconic plant, the Joshua tree.

This land, which includes the Eagle Mountain and Chuckwalla Valley areas, is of vital importance for the bighorn sheep and desert tortoise populations, a National Park Service statement said.

The area also includes prehistoric and historic resources that expand on the national park’s cultural themes and contains areas important for maintaining Joshua Tree’s wilderness values, the statement said.

The earliest this addition to Joshua Tree National Park could occur is in late February, said David Smith, park superintendent.

Originally, the land was included in the creation of Joshua Tree National Monument by President Franklin D. Roosevelt in 1936, but removed for mineral extraction activities in 1950.

During its mining heyday, iron ore was sent by train from the Eagle Mountain area to the Kaiser Fontana steel mill, where much of the finished product traveled by rail to shipbuilding activities in the Port of Long Beach, Smith said.

Major mining activities ceased in the area in 1983, the Park Service said in a statement.

In 1989, the area was proposed for a landfill. After decades of litigation, the landfill proposal was withdrawn in 2012.

The Park Service and federal Bureau of Land Management, which now administers most of the land, will evaluate public comments on the proposed transfer of the land from the bureau to the Park Service.

If the Department of the Interior determines that it is appropriate to proceed with the transfer, then it will authorize the publication of a public land order in the Federal Register.

A public hearing to discuss these proposed actions will be held from 6 to 9 p.m. Jan. 18 on the UC Riverside Palm Desert campus, Smith said.

Adding this land to Joshua Tree National Park also could be accomplished through congressional Action, Smith said.

March 10, 2016

Gold finally being produced at Mojave's Golden Queen Mine

Precious metal extracted from the Golden Queen Mine formed into an ingot contains both gold and silver, called dore [daw-rey]. (TBC Media)

By Jill Barnes Nelson
Tehachapi News


MOJAVE — It's taken more than three-quarters of a century, but gold is finally being produced at Golden Queen Mine.

For the first time since the 1930s, the Golden Queen Mine had its “first pour” of gold about two weeks ago. Gold mined from the facility in an elaborate process — with all types of environmental stipulations — was processed into the first gold ingot. Because of security issues, the exact amount of the mold was not disclosed, according a statement from mine officials.

"The first gold pour is a remarkable milestone signifying the company's transition to a gold producer," Thomas M. Clay, Golden Queen Mining Co. chairman and interim chief executive officer, said in an announcement from the firm's headquarters in British Columbia, Canada. "We are proud of what we have accomplished and are excited to move closer to entering full production as a gold company in California."

Golden Queen Mine, located along Soledad Mountain in Mojave, first produced both gold and silver from the mine before World War II. Mining ceased after the war because of low prices for the precious metals.

When prices began to rise, Golden Queen Mine began a renewed effort to extract the gold. It began applying for permits and began the long process of mining the gold in 2012.

Some 100 employees are employed full-time at the mine, where excavation began last spring and the chemical process to remove gold and silver started in early February. Company officials did not disclose potential production rates but said initial flow rates in what is called the "leach pile" have been very good.

Mining is done a lot differently at Golden Queen than what viewers might see on the show “Gold Rush,” where gold is done with a sluicing method.

Construction on the mine's infrastructure started more than a year ago. Rock ore material that holds gold is crushed and a century-old chemical separation technique called the Merrill-Crowe process is used by which gold and silver is removed from a cyanide solution that trickles through piles of ore. Drilling and blasting is used to free the rock, which is then carried away with front-end loaders and mechanized shovels and loaded into trucks that can carry 100 tons each.

Rocks go through a three-stage crushing process to create progressively smaller pieces of ore, ending up with pieces measuring less than a half-inch. The crushed ore is then stacked on top of the leach pad in piles about 20 to 300 feet high.

In order to provide impermeable barriers between the pad and the ground beneath, a clay liner was built using old tailings from the mine, as well as a layer of plastic. Crushed rock is layered on top of that.

Gold and silver are filtered out of the solution using a process that introduces zinc powder to take the place of the precious metals in the solution. The gold extracted from the solution is then melted and poured into molds to form ingots.

February 5, 2016

Obama eyes remote corner of Mojave for desert monument

The Castle Peaks got their name because they resemble the ramparts of a castle. (Jay Calderon / The Desert Sun)

Sammy Roth
The Desert Sun


If you've never explored the Mojave Desert, the Castle Mountains wouldn't be a bad place to start.

Getting there isn't easy. From the Coachella Valley, the shortest route winds through the High Desert, east on Highway 62 and north through the Mojave National Preserve (the so-called "Las Vegas shortcut"), then east again past Nipton, a tiny railroad boomtown that's currently being sold for $5 million. The last leg of the trip runs through Nevada, crossing the state line near Searchlight before cutting back into California, via a series of rugged dirt roads that culminate in the Castle Mountains.

It's not a journey for the casual day-tripper. But once you get there...

The most stunning feature is the Castle Peaks, a series of jutting mountains that look like the ramparts of a castle. They loom large over the area's cholla cacti, creosote bushes and bighorn sheep. Baby Joshua trees shoot up from nurturing brush, even as their cousins in Joshua Tree National Park struggle to reproduce amid a changing climate. Abundant grasses and other verdant plants rise from the desert floor, providing so much ground cover that parts of the Castle Mountains look as much like a prairie as a desert.

​There's a ghost town, too, left over from a gold-mining boom in the early 1900s. But we'll get to that.

David Lamfrom, who works to protect California's deserts with the National Parks Conservation Association, guesses he's been to the Castle Mountains 50 or 60 times. Just a few hundred people visit each year, by his estimate.

“It’s just so freaking beautiful. It’s just a really unique place," Lamfrom said on a recent visit. "I’ve spent a tremendous amount of my time and energy and effort on the conservation of the Castle Mountains, even though there are a lot of places that really need and deserve protection.”

For the Castle Mountains, protection might come soon: Conservationists have urged President Barack Obama to declare the area a national monument, along with two larger sections of the desert. They expect Obama to grant their request within the next few weeks, creating the Mojave Trails, Sand to Snow and Castle Mountains monuments through his authority under the 1906 Antiquities Act.

Republican politicians, mining interests and off-road vehicle enthusiasts will cry foul if Obama invokes the Antiquities Act, even though most of them support legislative efforts to protect those areas from rampant development. And even if Obama does take action, the Castle Mountains wouldn't completely avoid industrial activity: A Canadian company calledNewCastle Gold hopes to reopen a mine that shuttered in 2001 due to low gold prices, and it has every legal right to do so.

Whatever happens next, there's little disagreement the Castle Mountains deserve some kind of protection. Just ask off-roader Randy Banis, who opposes a presidential designation but has worked with Sen. Dianne Feinstein to establish desert monuments through legislation. Asked about the Castle Mountains, Banis could barely contain himself: "Isn’t it incredible? Isn’t it absolutely incredible?"

"The vegetative diversity, and the health of the vegetation — I love stopping the vehicle and just stepping out and walking through," he said. "People are like, 'Really, this is a desert?' It’s just so beautiful.”

The Castle Mountains occupy an unusual perch in the vast Mojave Desert.

About an hour's drive from Las Vegas, the area is surrounded on three sides by the Mojave National Preserve; the fourth side is the Nevada border. If not for the gold mine, it would have been included in the California Desert Protection Act of 1994, which created the national preserve, along with Joshua Tree and Death Valley national parks. Feinstein, who wrote that bill, cut 29,000 acres out of the proposed preserve, giving then-mine owner Viceroy Gold Corporation plenty of room to maneuver on its 7,500 acres.

By the late 2000s, the mine was closed, and energy companies were eager to build solar and wind farms across the desert. Against that backdrop — which alarmed conservationists — Feinstein wrote a bill to protect 1.6 million additional acres, mostly by establishing the Mojave Trails and Sand to Snow monuments. The Castle Mountains would have been added to the Mojave National Preserve.

But the bill failed to get traction in a gridlocked Congress, as did similar proposals in 2011 and 2015. So last summer, Feinstein and conservation groups started urging Obama to protect those areas via the Antiquities Act, which he'd already used to create or expand 19 national monuments, including the San Gabriel Mountains National Monument in Southern California.

“The current political climate is making it difficult to move any lands legislation through either body of the Congress,” Feinstein said in October, at a public meeting that drew more than 1,000 people to the Whitewater Preserve to discuss the monument proposals. “My intention is to continue to push the bill, while simultaneously pushing a presidential designation. But let me be clear: My preference is very much to push the legislation.”

Monument status would preclude industrial development, from wind and solar farms to new mining. The designations would also bring new funding from the federal government, Lamfrom said, which in the Castle Mountains' case could be used to study unique plants and animals, survey Native American petroglyphs, develop a trails system and craft an interpretive plan to teach visitors about the area's history. The National Park Service would begin promoting the monuments, too, almost certainly boosting tourism.

The battle to preserve Castle Mountains

Desert gold

The proposed Mojave Trails and Sand to Snow monuments have commanded the most attention, since they're larger and closer to population centers. The Castle Mountains monument would be relatively small, and far from any California cities.

But conservationists say the Castle Mountains are just as deserving of protection — and not just because they offer stunning views.

Because of the area's unique geography — it's further east, and higher in elevation, than most of the Mojave Desert — the Castle Mountains foster a diversity of plant and animal life unmatched almost anywhere else in the desert. Monsoonal summer rains tied to the nearby Colorado River are particularly important, supporting dozens of species of grass that blanket the desert floor.

"It’s an extension of southwestern grasslands which extend from Texas all the way into California. This is typical of summer rainfall deserts," said Jim André, a botanist who runs UC Riverside's Sweeney Granite Mountains Desert Research Center, located in the heart of the Mojave National Preserve. “Most Californians don’t think of California as receiving the monsoon, but in far eastern San Bernardino County it’s quite prominent."

The area is also part of the world's largest Joshua tree forest, which stretches from Mojave National Preserve into Nevada's Lake Mead National Recreation Area. And unlike in Joshua Tree National Park — where the namesake species is struggling to adapt to global warming — Joshua trees are thriving in the Castle Mountains. It's not hard to find healthy Joshua trees sprouting up from black brush, which serves as a spiky nursery to the young plants, warding off herbivores until they can fend for themselves.

The area's relatively high elevations make that possible, providing lower nighttime temperatures than the low-lying national park can.

"Oftentimes when people think of deserts, they think of sand dune systems, or they think of lonely, flat places," Lamfrom said. "But this is a rugged, beautiful mountain-scape filled with Joshua tree forests, with piñon, with juniper, with native grasslands...this is really, I think, one of the truly unique and remarkable places in our desert."

Unbroken wilderness

The same factors that give rise to the Castle Mountains' diverse plant life also support abundant wildlife. It would be difficult to list all of the creatures that spend time there: desert tortoises, bighorn sheep, Mojave ground squirrels, mule deer, mountain lions, Cooper's hawks, great horned owls and more. Several of those species are protected under the state or federal Endangered Species Acts.

Keeping the Castle Mountains pristine, conservationists say, is bigger than just giving those species another place to live. They see the Castle Mountains as a critical link in a chain of largely undisturbed desert that stretches from the Mojave National Preserve into Nevada, eventually connecting the 1.6-million-acre preserve with the 1.5-million-acre Lake Mead National Recreation Area.

Keeping that chain intact is especially important for species like bighorn sheep, which roam the open desert. As cities, freeways and fences have increasingly crisscrossed what once was wilderness, bighorn sheep populations have fallen dramatically.

"You can’t keep them in isolation. You have to allow those connections to other (bighorn sheep) populations, so they can have genetic exchange," said Dennis Schramm, who served five years as superintendent of the Mojave National Preserve. "If you don’t protect it, and you put in more fences and windmills and solar fields and all those kinds of things, you’re chopping up the habitat."

The Castle Mountains could also provide habitat for a new species.

A century ago, pronghorns — the world's second-fast land animal, after cheetahs — thrived in the deserts of Southern California. But humans hunted the antelope-like species, and eventually it disappeared from the region.

For years, the National Park Service and state wildlife officials have wanted to reintroduce pronghorns in the Castle Mountains. But they've been waiting to take that step until the area receives stronger protection, which would help ensure their efforts won't be in vain.

Gold in the hills

More than 100 years ago, the Castle Mountains were better known for gold than they were for flora and fauna.

Three Nevada prospectors — Jim Hart, and the brothers Bert and Clark Hitt — struck gold there in December 1907, and by the next year a mining town known as Hart was thriving. The town had about 400 residents, along with five hotels and eight saloons, according to a plaque that greets visitors today. Lamfrom said he's heard the town had two brothels, although that isn't mentioned on the plaque.

Miners quickly realized there wasn't much gold that could be economically extracted, and within a decade the town was deserted. The buildings are gone, but remnants of Hart are still visible: Rusted metal cans litter the base of the gold-laden hills that give the Castle Mountains their name. Viceroy opened a new mine in 1992, although that one, too, lasted less than 10 years.

"The Western American history of this landscape has been intimately tied to mining, and the ability for the (National) Park Service to tell the story of mining here is really important," Lamfrom said.

Mining could also play a role in the Castle Mountains' future.

NewCastle, which bought the mining rights in 2012, estimates there are at least 4.2 million ounces of gold in the hills, which would yield nearly $5 billion at today's prices. A new mine could employ a few hundred people, said Marty Tunney, NewCastle's vice president for business development. The company is still conducting preliminary studies, and could be several years from opening a mine.

NewCastle's permit will expire in 2025, although it could ask San Bernardino County for an extension if there's enough gold to justify further mining. In the long term, the company hopes to give the land to the National Park Service, Tunney said.

"If we were able to mine it the way we would like to go and mine it, and extract the value of it, we’d like to go through full reclamation and hand the project over to the (Mojave National) Preserve," he said. "We currently don’t see any reason why that shouldn’t happen."

Tricky politics

The proposed Mojave Trails monument has generated more controversy than Sand to Snow or the Castle Mountains. Feinstein's bill would ban new mining claims across the monument's 942,000 acres, which surround historic Route 66, between the Mojave National Preserve and Joshua Tree National Park. Big mining companies support the bill, but a cadre of smaller firms fiercely oppose it.

Rep. Paul Cook, a Yucca Valley Republican who represents the High Desert, has put forward a different proposal. His legislation, like Feinstein's, would create the 140,000-acre Sand to Snow national monument, stretching from the desert floor near Joshua Tree National Park to the peak of Mount San Gorgonio in the San Bernardino National Forest. But it would offer a lesser level of protection to the Mojave Trails, establishing a "special management area." Ten percent of that area would be open to new mining operations.

At the public meeting in October, John Sobel, Cook’s chief of staff, expressed hope that his boss and Feinstein could compromise. He criticized calls for Obama to use the Antiquities Act, saying a presidential designation would create “second-rate monuments because they lack the adequate support of locals and of Congress.”

Banis, who represents the California Off-Road Vehicle Association, supports Feinstein's bill, since it would keep the Mojave Trails monument open to off-roaders. He's worried a presidential designation would ultimately lead to the closure of the area's dirt roads.

“Boy, it’s going to get me mad if they name this thing the Mojave Trails, and then they go and close the roads. I’ll be so ticked off," Banis said. "That would be such a slap in the face to the recreation community.”

The Castle Mountains are less contentious. While Feinstein and Cook's bills would add the area to the Mojave National Preserve — an option that isn't available through the Antiquities Act — conservationists say a monument designation would have the same effect.

Cook disagrees. He said in an email that a presidential designation could "seriously jeopardize the existing mine by including land needed for mining operations, as well as limiting the ability to drill for wells to supply water needed for operation." He also said adding the area to the preserve would make more sense, from a management perspective, than creating a standalone monument.

"I view a Castle Mountain monument designation as a stealth attempt to shut down one of the most important mineral projects in the country," Cook said in an email.

NewCastle isn't so concerned. Company officials prefer Feinstein and Cook's bills to a presidential designation, since they know the bills would protect their ability to mine. But the company doesn't oppose the Antiquities Act route, so long as Obama includes similar protections for mining. Tunney, NewCastle's vice president for business development, said the company has been "given some assurances by Sen. Feinstein's group" that Obama's Castle Mountains designation would look similar to the provisions in her bill.

"If that’s the case, that works for us," Tunney said.

December 1, 2015

Holes in the Desert: A Mojave Crime Compendium

The McStay family memorial site located northwest of Victorville, CA. Traffic on the I-15 can be seen in the distance. | Photo: Kim Stringfellow.

Kim Stringfellow
KCET.org


The Mojave Project is an experimental transmedia documentary by Kim Stringfellow exploring the physical, geological and cultural landscape of the Mojave Desert. The Mojave Project reconsiders and establishes multiple ways in which to interpret this unique and complex landscape, through association and connection of seemingly unrelated sites, themes, and subjects thus creating a speculative and immersive experience for its audience.

It is a moonless night and the distant sound of rattling train cars is punctuated by the high pitched grinding of metal as multiple engines begin their push up past the Kelso Depot. Centered in the vast, federally designated region known as Mojave National Preserve (MNP) bordered by the I-40, the I-15 and the Nevada state line, it was here that the familiar lore of the Wild West played out 21st century style. Nighttime train robberies occurred on a regular basis. Notably, far bleaker criminal acts have transpired along the MNP's transient periphery or within other publicly administered lands of the Mojave Desert.

I first read about the Union Pacific train robberies in the MNP through a 1998 article by Phil Garlington of Rancho Costa Nada fame. Garlington had laid out the vivid details of criminal exploits and those who attempted to thwart them, relating how mile-long, double-stacked freight cars burdened with consumer goods and merchandise would fall prey to looters within the remote center of the preserve.

The thieves -- mostly homeless, down-and-out types hired by gangs who had stowed away earlier in the day at the Yermo yards would lie in wait for hours inside car "tubs" until the train began the steep ascent up the 18-mile-long Cima Grade just east of the depot. Those able to escape detection by Union Pacific officials and the assisting MNP rangers infiltrated and "liberated" the contents of the boxcars using hacksaws, bolt cutters and other tools of the trade. The slow-moving trains with their potentially lucrative hauls provided easy pickings for the interlopers who were lucky if they did not get seriously injured in the process.

At pre-arranged geographical points, the bandits tossed out the goods where their accomplices waited in rented moving trucks ready to load up the booty -- expensive electronics, Nikes, cigarettes, booze, or, if they were particularly unlucky, a boxcar filled with teddy bears. Scattered clothing, empty packaging and other discarded debris were regularly found strewn along the rail lines. By the late 1990s the railroad had estimated that it was losing over a million dollars a month from MNP lootings.

A rather amusing related incident shared in a 2008 Los Angeles Times article noted that "75 flat-screen TVs worth more than $225,000" had been spotted during a 2005 aerial search of the area after MNP law enforcement rangers had run into two men sitting in an empty rental moving truck near a rail crossing on a desolate stretch of road. Fumbling under the influence of alcohol, the duo couldn't explain why they were there or how a bag of suspicious white powder happened to be lying within a few feet of their vehicle. The two were consequently arrested. The powder was determined to be cocaine -- possibly a down payment for the botched flat screen heist? With heightened security over the past years since this incident was reported, Union Pacific has managed to crack down and curtail these types of robberies.

Although the majority of visitors passing through the MNP do so without incident, others have sought this "nowhere between two somewheres"1 as an isolated, out-of-the-way destination to conduct a variety of illicit activities including methamphetamine production, wildlife poaching, theft, vandalism, illegal dumping, OHV trespass or the unlawful collection of animals, plants and cultural artifacts.

In years past, MNP rangers have discovered detritus and the lingering residues of a methamphetamine "cook" at abandoned ranch and mine structures within the preserve. Empty pseudoephedrine containers (over-the-counter sales of which are now controlled), lye, red phosphorus -- all highly toxic chemicals and materials associated with clandestine meth production -- have been found among contaminated meth production equipment.

Makeshift meth labs were discovered in 1998 at Rainbow Wells and in 2001 at the New Trail Mine after two rangers found new locks on formally abandoned outbuildings during a routine patrol. When the rangers returned to the mine on the following day they encountered four suspicious men driving away in a pickup. Following a search of their vehicle by the rangers, the men produced keys for the padlocks of park holdings that they had legal access to. The ensuing investigation yielded "ten gallons of pure methamphetamine oil, valued at more than $50,000," that had been waiting to be crystallized. The site cost taxpayers $20,000 to clean up.2

Compounding the ecological ramifications of introducing these toxic chemicals into a wilderness environment is the fact that illicit drug manufacturers and their associates are known to be heavily armed and more than often high on their product, making an encounter by a ranger or unsuspecting recreationist extremely dangerous. The limited number of National Park Service (NPS) law enforcement rangers known to patrol the 1.6 million acres of the preserve has made regular monitoring of these types of remote sites difficult. Fortunately, evidence of this type of methamphetamine production within the preserve has not been observed in recent years, a status largely attributed to the ability of meth cooks to make smaller, cheaper "shake and bake" batches using a two-liter plastic soda bottle rather than the complicated chemistry lab setup of the past.

Over 500,000 vehicles travel through the MNP annually. Many come here specifically to recreate, but others simply use its paved thoroughfares -- the Kelbaker and Kelso-Cima roads -- as a convenient, uncongested shortcut route to Vegas from points further north or south. Speeding over the 55 mph speed limit, which is still higher than most national parks, results in one of the more commonly cited infractions by law enforcement. Close proximity of the two major interstates and an expanse of perceived "nothingness" seems to encourage other kinds of criminal activity, including toxic waste dumping along the preserve's more accessible borders.

Over a four-month period in 1995, the LeFaves -- a father and son duo with a Las Vegas-based epoxy manufacturing business -- dumped 97 drums of hazardous waste across a variety of public and private sites near Nipton Road to avoid paying the $1,000 per barrel cost to legally dispose the toxic chemicals and adhesives. Barrels split open in washes, mortally trapping animals in a sticky residue. After 17-year-old Louis LeFave and his accomplice were caught red-handed on one of their toxic waste runs, the LeFaves were arrested and eventually sentenced, with the father, Gene, receiving four years in prison plus $40,000 in fines. This fiasco cost taxpayers $170,000 to clean up the dumpsites.3

Other criminal activities occurring here involve the unlawful collection of plants and animals -- cited in as far as cash value as the second most lucrative illegal activity occurring within public lands after illicit drug production and smuggling activities. A federal investigation called "Operation Sweet Success" led by the U.S. Department of the Interior was launched in the late 1990s in an effort to combat the illegal collection of biznaga or barrel cactus by "an organized group of Hispanic workers" who sold them to competing production facilities in Los Angeles which, in turn, produced acitrón from its pulp, a jellied confectionery popular in Mexico.4 Officials estimated that collectors removed over 15,000 mature barrel cacti during the 1990s from federally managed lands for this purpose. Other cacti, including rare species belonging to the genera Mammillaria, Echinomastus or Sclerocactus -- commonly known as the delicate Fishhook cactus -- have been so extensively pilfered as ornamental specimens in some parts of the Mojave that they have nearly disappeared from their native regions entirely.

Wildlife poachers snatch, trap or hunt a variety of mammals and reptiles throughout desert public lands, including the region's more uncommon snakes, lizards, and even the federally protected desert tortoise. The perpetrators range from over-zealous solitary hobbyists to organized commercial wholesalers that traffic specimens locally for profit or internationally to smuggler rings that trade live and dead animals parts at black markets worldwide. "Collectors can make $2,000 a night driving the desert highways, picking up reptiles lying on the pavement, then selling the animals to the illicit pet trade."5 A 1986 report from California Fish and Game stated that bighorn sheep guides leading illegal hunts were, at the time, pocketing between $15,000 to $60,000 per hunt for their services.6

These illicit enterprises are not unique to the MNP. Over a five-year period during the mid-1980s, Joshua Tree National Park officials located 21 meth labs along the park's remote eastern border, some housed in abandoned 1950s era "jackrabbit homesteads."7 In the 1990s, a lone ranger on foot discovered a large-scale outdoor meth "cook" run by camping outlaw bikers in a secluded box canyon of southern Death Valley National Park (DVNP). Although the ranger somehow escaped unharmed from his close encounter, in the aftermath, several of the rangers closely involved with the bust were transferred out of the area for protection -- one under an assumed name due to retributive threats posed by the biker gang.

Death Valley will be forever linked to the Manson Family who occupied both Barker and Myers ranches located in the Panamint Range, now part of DVNP, over a two-year period during the late 1960s. The Family first moved out to these isolated ranch properties in 1968, initially Myers and then Barker Ranch, after Catherine Gillies, one of the Manson "girls" and also a granddaughter of Myers, suggested it as a secluded and fairly inaccessible place for the group to hide out. It has been proposed by various authors that Arlene Barker agreed to let them stay at Barker Ranch after Manson gave her a Beach Boys gold record supposedly stolen from Dennis Wilson's home.

During 1968 and 1969, The Family intermittently occupied the properties -- fleeing here after the Tate-LaBianca murders took place in August 1969 -- until their tenure was ended during a routine two-day police raid in October 1969 for suspected auto theft and arson after a NPS bulldozer was found torched in nearby Racetrack Valley. Consequently, local law enforcement targeted the ragtag group as possible suspects. At the very end of the raid, the 5 feet 2 inches Manson was found stuffed and cowering in a bathroom cabinet. Although arrested that same day, Manson's captors were unaware that they had an infamous psychopathic cult leader in their custody -- who had recently persuaded his followers to commit multiple murders on his behalf. Thirty years later detectives would return to Barker Ranch in 2008 to investigate a tip implying that several undiscovered bodies had been buried there. The consequent investigation yielded no human remains. Barker Ranch fell victim to arson in May 2009 and only the structure's stonewalls and one outbuilding remain standing.

In March of 2000, Death Valley was the scene of a two-day hunt for a heavily armed threesome including a middle-aged man, his girlfriend and the man's son who had robbed a Nevada bank and had holed up in a ravine not too far from the Furnace Creek airport. Eventually the suspects surrendered but not after having shot and forced a CHP helicopter to crash land during the first day of the ordeal.

Illegal marijuana growing operations sited on publicly managed desert lands comprise much of the most recent illegal drug production related offenses. Pot growers prefer to use government land not only for its perceived isolation, but "because... asset-forfeiture laws which allow the seizure of private property associated with the growing operations"8 are avoided by siting them within public land or park boundaries and living elsewhere.

Recent multi-agency busts such as "Operation Mountain Sweep" targeted and successfully destroyed a number of illegal grows in public lands across seven western states in 2012, including one located in DVNP. The toll on the environment resulting from these operations is costly -- both financially and impactfully -- to flora and fauna, especially in lieu of the current drought since marijuana cultivation requires profuse amounts of water, pesticides and fertilizers to thrive and produce. Growers additionally "contaminate and alter watersheds, clear-cut native vegetation, discard garbage and non-biodegradable materials at deserted sites, create wildfire hazards, and divert natural water courses."9 The cost to police, clean up and remediate these sites end up costing taxpayers of millions of dollars annually.

Of course, Bureau of Land Management (BLM) law enforcement deal with their share of crime in areas they oversee including but not limited to "mineral resource theft; wilderness area violations; hazardous materials dumping; archaeological and paleontological resource theft and vandalism; cultivation, manufacture, smuggling, and use of illegal drugs; timber, forest product, and native plant theft; off-highway vehicle use; alcohol related crimes; and wildland arson." Like their NPS counterparts, BLM's Barstow officials agree that the more elaborate meth lab setups utilizing abandoned structures are less of a threat due to the more portable production techniques used today. BLM rangers patrolling the higher elevations of the Mojave Desert are more likely to stumble upon an illegal marijuana cultivation operation, like one recently discovered in a mountainous desert canyon off California State Routes 14 and 178 east of Ridgecrest where 1,000 pot plants were confiscated and destroyed.10

One of the more mundane but increasingly costly issues facing the BLM is the identification and clean-up of those who illegally dump hazardous or nonhazardous wastes including spent motor oil, paint, unidentified toxic chemicals, tires, dead animals, abandoned vehicles, household trash and other refuse into the open desert. So far in 2015, the BLM's California Desert District's Hazardous Materials Program has removed over 55 tons of trash throughout the Mojave Desert costing around $100,000 annually. Defunct mining operations and other abandoned industrial enterprises continue to litter and pollute the surrounding desert with toxic tailings that can potentially seep and contaminate groundwater resources. Discarded heavy equipment that is "scrapped" illegally often releases fuel, toxic chemicals and leaves the site in a dangerous condition after the pilferers take what they are after and leave unwanted refuse exposed. But dumping in the desert truly takes on a far more sinister twist when it comes to getting rid of human remains.

Countless cinematic and literary depictions echo Joe Pesci's infamous "Casino" voiceover to suggest that casual acts of violence are taking place at any given time in the fictionalized backdrop of the Mojave Desert. Reflecting on this sentiment, I decided to see whether or not this imagined culture of violence actually exists here in the desert. I began by contacting Sergeant Don Lupear, a homicide detective for San Bernardino County whose jurisdiction covers the largest part of the Mojave Desert policed by any law enforcement agency within its boundaries.

During a phone conversation, I asked Lupear how many homicide victims are actually found in the Mojave. Somewhat surprisingly, he replied, "On average we only find one or two per year," commenting further that recreationists are most likely to find a murder victim in the open desert. He additionally mentioned that victims and their perpetrators are, in most cases, tied somehow to the location were the body is found. Hikers stumble upon the deceased occasionally, but more often than not bodies are discovered by off-highway vehicle (OHV) enthusiasts near a road of some kind. Consider that much of the Mojave Desert is within three miles of some type of thoroughfare, it is easy to imagine how one could go about such a repugnant task if deemed necessary.11 The reason is obvious -- the deceased are dead weight so the quickest to dispose of a "package" is to transport the body to a somewhat secluded spot via a vehicle. On occasion, evidence suggests that the deceased are "dispatched" where originally found. In most cases, however, investigators determine that the unfortunate victim was slain elsewhere and transported to the spot with the body dumped, bagged, buried, burned or disposed of in some combination thereof.

On November 13, 2013, partially unearthed human remains were discovered by a recreating dirtbike rider just off Quarry Road in an OHV recreation area just northeast of Victorville, CA. This grim discovery, a mere stone's throw from the heavily traveled Interstate-15, was later confirmed to be the missing McStay family of four. The couple along with their two young sons had mysteriously vanished without of a trace on February 4, 2010 from their home in Fallbrook, California some 100 miles south of where the slain family had been hastily buried. It seems that Chase Merritt, the former business partner of Joseph McStay who is accused and currently awaiting trial for this heinous and callous murder, has ties with the town of Apple Valley, the next town over from the crime scene. This case, along with others confirm that the Mojave Desert's high-speed vehicular corridors bordering the MNP and other publicly managed areas have indeed served as a convenient, out-of-the-way place to get rid of an unwanted body.

Over the past 15 years, several grisly discoveries have been found along or near the I-15 or the I-40 between Barstow and the Nevada state line including 19-year-old Jodi Brewer, a sex worker who had disappeared from Las Vegas in August 2003. Brewer's torso -- found along the preserve's Cima Road off-ramp entry point a few weeks after she first disappeared -- was identified by her tattoos, a hummingbird above her left breast and an "M" with a star on her lower back. No other body parts were recovered. Her murder has since been connected to suspected serial killer Neal Falls who was shot and killed in July 2015 by another potential victim in West Virginia.

A wayward beagle from Newberry Springs rummaging along the I-40 returned to its owner with a severed human foot with a stub of a leg in September 2012. The sheriff's search of the highway revealed additional human remains, triggering a murder investigation. The burnt skeletal remains of an unidentified female victim were found in 2010 off Zzyzx Road, west of the I-15 near Baker, CA. That same year the severed head of an unknown Hispanic teenage girl thought to be between 14 and 19 years old was found concealed in a backpack left on Lenwood Road, west of the I-15 in Barstow, CA.

Another unidentified female referred to as the "Nipton Jane Doe" was found on May 30, 1976 in an abandoned mine on Clark Mountain near Nipton, CA, located at the northeastern edge of the preserve near the Nevada border. The cause of death was a shotgun blast to the back of the victim's head. Her body had been discarded like a worn ragdoll in a dank mineshaft and the time of her death was estimated to have been four to six days earlier. The National Unidentified Persons Data System (NamUs) case file number 47426 noted that she had "reddish-brown hair [and] was found clad only in a blue and white bathing suit."

Studying the full-color digital reconstruction of her and other unfortunate victims like her, I was struck by how the images borrow the compositional conventions of a Renaissance portrait -- in that the murder victim is pictured with a symbolic landscape behind them like so many portraits of noblemen and woman of this period. In the Nipton representation, an endless expanse of creosote reaching into the far distance is the imagined place where this "Jane Doe" purportedly met her fate. What resounds most is that loved ones or even acquaintances have not bothered to identify this Jane Doe, or others like her, a sad fact that left me in a state of despondency and emptiness.

Not all unidentified victims have met violent ends. Human remains in various stages of decomposition have been found over the years in other out-of-the-way locations and are not necessarily the result of foul play. Ancient sun-bleached bones of long-deceased Native Americans turn up quite often, as do those of unwary recreationists or a down-on-their-luck undocumented transnational that has succumbed to either daytime's relentless heat or the near-freezing chill of the nighttime desert. It should be noted that of the four unidentified human remains discovered in San Bernardino County in 2010 all were found in outlying areas of the Mojave Desert.

Still, without a doubt the Mojave has witnessed some truly bizarre and senseless acts over the years. Consider the 2012 kidnapping, torture and attempted extortion of a successful Orange County marijuana dispensary owner and his female housemate, left tied up together at a secluded desert location off California State Route 14. A Kern County deputy found the woman wandering the desert after she managed to escape. The four suspects charged and currently awaiting trial for the crime allegedly beat, burned and doused the man with bleach in an effort to cover DNA evidence before severing his penis. Somehow, the poor fellow managed to survive his ordeal. Officials stated that the group's motive revolved around their obsessed notion that the targeted gentleman had been "burying piles of cash in the desert," which they had planned to retrieve -- a tired cinematic cliché reworked in many B-rated films, television shows, video games and other paltry fictions.

"Senseless violence, the world calls it, but the Mojave knows otherwise. The Mojave knows, has always known, that the violence is not senseless, the disturbing acts that unfold on its sandy stage in fact make perfect sense. For that is the very nature of the place, to convey meaning, to show events in living color on a giant screen in bas-relief, to make it seem as if everything is happening for the first time, even if for some, it is the last, or simply the latest in an endless spiral of repetitive, nowhere acts."
-- Deanne Stillman, "Twentynine Palms" (2008)

Los Angeles-based author Deanne Stillman has received numerous accolades and awards for her meticulous location-based nonfiction exposés detailing true crime in the Mojave and the Great Basin deserts. The extreme arid geographies of the American Southwest take on starring roles with each prominently featured in her three most recent books including "Desert Reckoning: A Town Sheriff, a Mojave Hermit, and the Biggest Manhunt in Modern California History" (2012), "Mustang: The Saga of the Wild Horse in the American West" (2009) and "Twentynine Palms: A True Story of Murder, Marines, and the Mojave" (2001).

Stillman explores and exposes her characters' vexing and troubled relationships against the High Desert as a backdrop. More often than not it is revealed through her careful research that these individuals have been thrust into bleak existential situations through despair, life circumstance, economic downturn or just plain bad luck. Her protagonists are as vivid as those of a Tom Waits' song in her precise crafting of their persona and personal histories. In one of her books she enumerates, "It's a terrain of savage dignity, a vast amphitheater of startling wonders that put on a show as the megalopolis burrows northward into the region's last frontier. Ranchers, cowboys, dreamers, dropouts, bikers, hikers, and felons have settled here -- those who have chosen solitude over the trappings of contemporary life or simply have nowhere else to go."

Donald Kueck, the ticking-time-bomb but resourceful hermit documented in Stillman's third book "Desert Reckoning" is one such character. Kueck, known by local law enforcement as a solitary meth addict who squatted in a ramshackle trailer on the edge of Llano, CA, was depicted by Stillman as someone both sensitive of the desert animals that visited him daily, who enjoyed building and launching rockets but was equally highly capable of murder -- confirmed when he shot down well-liked and respected Los Angeles County Deputy Sheriff Steve Sorensen multiple times with a .223 caliber assault rifle on August 2, 2003. Reports stated that Sorensen drew his weapon only after Kueck had shot him. Ominously, the two had a run-in nine years earlier after Sorensen had pulled Kueck over during a routine traffic stop.

Authorities located Kueck nearly a week later hiding out in nearby Lake Los Angeles. Remarkably he had managed to elude and remain under their radar due to his formidable survivalist skills plus multiple secret caches of food, water and ammunition hidden across the desert. Although he had admitted to the murder via cell phone, Kueck adamantly refused to surrender, subsequently dying during a violent standoff after the shed he was holed up in burst into flames. The explosion resulted when a road flare ignited a tear gas canister that had been tossed into Kueck's holdout by law enforcement -- a controversial extraction tactic later criticized in the media. Sorenson's widow who was staying with family and friends nearby was said to have commented afterwards, "I wanted to see [Kueck] burn in hell, but I guess Lake Los Angeles will have to do."12 A statement I could somehow imagine mumbled in one of Waits' song verses.

Stillman's second book, "Twentynine Palms," which took her 10 years to research and write outlines in painstaking detail the vicious rape and murder of Rosalie Ortega, a 20-year-old single mother, along with her friend and 15-year-old baby sitter, Mandi Scott plus the ensuing aftermath of this grisly event. Coincidentally, the crime took place on the same day that Sorenson was shot down by Kueck -- August 2, but in 1991 in Twentynine Palms, California home to the largest Marine base in the world. The convicted murderer, 29-year-old Valentine Underwood, a Marine lance corporal who had recently returned from the Gulf War, had brutally raped the both women and stabbed them each 33 times "because it was the killer's favorite number."13

Stillman's impassioned on-site research aided by her close relationship with the victim's families -- especially Mandy's mother, Debie McMaster, who worked as a bartender in a popular Twentynine Palms bar frequented by local marines -- ultimately resulted in a portrait of those who dwell in America's margins. Following their inevitable arrival in the Mojave Desert, Stillman recounts the girls' collision with Valentine Underwood, a Marine with a history of sexual assaults on women before he joined the Corps and while in it, including the rape of a sergeant major's daughter six weeks before the rape and murder of Mandi and Rosie. The prior assaults were overlooked because he was a star on the Marine basketball team. But, as Stillman notes, it was a Marine investigator who helped break the case, along with San Bernardino County sheriff's deputies and other witnesses. After a prolonged six-year trial, Underwood was finally convicted with "DNA evidence, bloody handprints, and a serious and fresh cut on his hand" that a trial witness had observed the day after the murders occurred.

Stillman's notorious characterization of Twentynine Palms divided the town in half, with some locals concerned that the portrayal would have a negative impact, driving business away from a region, which depends on the Marine Corps and tourism for its primary sources of income. While Stillman was working on her book, she was the subject of public attacks via Amazon book reviews, newspaper editorials and articles. 14 Among other locals however, Stillman's book was celebrated and widely circulated. Many felt that someone was finally bearing witness to their stories, and understood that Stillman was writing about a side of the desert that generally goes unnoticed.

Today, the town continues its holding pattern, appearing much as it did before the murders transpired -- neither better nor worse. To the extent that Stillman's "Twentynine Palms" had an impact on the town's economic growth has yet to be proven. And more importantly, crimes committed against women by former or active duty Marines stationed here have not ended with the Scott/Ortega murders.

Former Marine Christopher Brandon Lee, 24, was arrested on August 18, 2014 for allegedly murdering Erin Corwin, 19, his next door neighbor and wife of a fellow Marine. Lee and Corwin began an affair while the two were living at an apartment building on base at the Marine Corps Air Ground Combat Center north of downtown Twentynine Palms. Two days prior to Lee's arrest and nearly eight weeks after she had initially disappeared, Corwin's badly decomposed body was found at the bottom of the 140-foot "Rose of Peru" mine at the eastern edge of Joshua Tree National Park. Several weeks before her body was discovered law enforcement began a search of over 100 abandoned mineshafts in the area. News reports stated that Corwin might have been several months pregnant at the time of her death.

Corwin's text messages to a friend on the last day she was known to be alive suggested that she expected a marriage proposal from Lee (who was himself married) during a planned "hunting trip" with him that same day. Her portentous text read: "He said he's honestly not sure how I'm going to react... Seriously, I don't know why he would drag me to a very special place... for a big dumb surprise." Various news outlets commented that Lee had previously bragged to his neighbors on several occasions "he knew where to hide a body." It appears that he did just that.

Notes:

1 Nystrom, Eric Charles. "Chapter 7: Visitor Services." "Administrative History of Mojave National Preserve," United States Department of the Interior, National Park Service, Mojave National Preserve, Mar. 2003. Web.

2 Ibid.

3 Ibid.

4 It is now illegal to harvest biznaga in Mexico because the several of the species of cacti used for this purpose are now threatened.

5 Hansen, Kevin. "Crimes Against the Wild: Poaching in California." Mountain Lion Foundation, Jul. 1994. 8.

6 Ibid. 8.

7 Darlington, David. "The Mojave." 121.

8 Patrovsky, Edward. "Tales From a Ranger: Death Valley Manhunt." The Desert Report, 18 Sept. 2014.

9 U.S. Senate Caucus on International Narcotics Control, "Exploring the Problem of Domestic Marijuana Cultivation," Statement for the Record of Kim Thorsen Deputy Assistant Secretary, Law Enforcement, Security and Emergency Management Department of the Interior. Web.

10 BLM law enforcement official. Personal interview. 21 Sept. 2015.

11 Darlington. 35.

12 Burdick, Dan. "SCANNER AUDIO -- LASD -- Barricaded Suspect Shootout (8:05)." Online video clip. "YouTube." YouTube, 8 Aug. 2003. Web.

13 Gorman, Tom. "Ruffled Palms." Los Angeles Times, 21 Dec. 1997.

14Timberg, Scott, "Seeing the Light, Remembering the Dark," Los Angeles Times, 4 Feb 4 2007.

November 27, 2015

Dianne Feinstein’s Million-Acre Land Grab Falters

Sen. Dianne Feinstein (D-CA) (J. Scott Applewhite, AP)
by Chriss W. Street
Breitbart News Network


Three months after Breitbart News and others outed Sen. Dianne Feinstein's (D-CA) backdoor effort to freeze development on over one million acres of California dessert by having President Obama declare the area subject to the Antiquities Act of 1906, her efforts are going down in flames as Congressional Republicans are moving to ban the Antiquities designation.

Feinstein’s seven-year quest to convince Congress to sequester over 1,560 square miles of the Mojave Desert into three new national monuments under her proposed "Desert Conservation and Recreation Act” has gone nowhere. Feinstein has argued that the area she wants designated as ‘Mojave Trails, Sand to Snow and Castle Mountains’ is home to mountain lions, the California desert tortoise and bighorn sheep. But the real effort is to ban off-roaders, hunters and miners.

The Senator had faced opposition from an unusual coalition of sustainable energy developers, wilderness advocates, off-road vehicle users, military bases, energy companies and American Indian tribes. By trying to circumvent Congress through artificially tying up the property with a phony search for non-existent artifacts, she has incensed Republicans and upset many Democrats, who worry about future Presidential actions.

U.S. Rep. Paul Cook (R-CA), whose district covers the area Feinstein wants restricted, complained at a Congressional hearing in September that the Antiquities Act “sets in motion a Washington-based management plan that can sharply curtail recreational and economic activities. I’m deeply concerned that outreach efforts to the public have been hasty and inadequate.”

Cook, a retired U.S. Marine Colonel who won a Bronze Star and has two Purple Hearts from combat duty in the Vietnam War, has said that when he heard about Feinstein’s backdoor efforts, his number one goal was to stop Presidential action.

Cook is a staunch military supporter and sits on the powerful Armed Services, Veterans,’ and Foreign Services Committees. The military is a substantial user of the terrain that Feinstein wants walled off. Because the area contains the remnants of General George Patton’s World War II training camps, national security interests have been lobbying Cook to lead the opposition against Feinstein’s Congressional end run.

The California Chamber of Commerce and the California Taxpayers Association both oppose the Antiquities designation and have given Cook perfect 100 percent ratings for each year since he was first elected in 2007. They have lobbied the congressman to oppose any executive order by President Barack Obama regarding the area.

On October 1, 2015, Congressman Cook introduced HR 3668, the California Minerals, Off-Road Recreation, and Conservation Act (CMORCA). He described the bill as “a balanced approach to protecting, managing, and using our desert and forest areas in San Bernardino and Inyo Counties.” But the bill also bans designating the area under the Antiquities Act.

Cook’s bill creates would create a National Monument, but also opens 100,000 acres to mining, and designates Johnson Valley and five more off-highway vehicle areas as “National OHV recreation areas.”

The new designation would ban commercial development in those areas if the Secretary of the Interior determines the development is incompatible with the purpose of the bill. But the bill sets up the opportunity for development to be approved in a future Republican administration.

Although Senator Feinstein has continually claimed that desert residents are “overwhelmingly in favor” of the three monument designations she is pushing for, the City of Twentynine Palms, the City of Banning, and the San Gorgonio Pass Regional Water Alliance quickly signed on as supporters of Rep. Cook’s CMORCA.

Environmentalists have been shocked by the rising support for the CMORCA bill, which they call part of a a “radical anti-public-lands agenda” by House Natural Resources Committee Republicans, representing a “neo-sagebrush rebellion that appears to be emerging in certain Western states.”

The Rep. Cook’s California Minerals, Off-Road Recreation, and Conservation Act is expected to have its first House Natural Resources Committee hearing as early as December 9.