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Will there be a ‘hostile takeover’ of western public lands?

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Federal lands in the U.S. Courtesy Univ. of Montana.

New website offers glimpse of ongoing efforts to ‘de-federalize’ the West

Staff Report

FRISCO — On and off efforts to force the transfer of federally managed public western lands to individual states have grown beyond campaign rhetoric.

These days, there’s a semi-organized effort on the part of lawmakers in several western states to try and take over millions of acres of forests and rangelands. The history of the so-called Sagebrush Rebellion, with roots in the Reagan era, is outlined in detail on this University of Colorado website. Continue reading

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Federal agencies unveil 2020 wilderness vision

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Wildflowers in the Eagles Nest Wilderness area in Summit County, Colorado. bberwyn photo.

Finalizing inventories, planning for climate resilience are high on the agenda

Staff Report

FRISCO — Federal land managers say they want complete wilderness area inventories develop climate-change vulnerability and adaptation studies across 110 million acres of wilderness lands in the U.S. in the next five years as part of an interagency wilderness vision for 2020.

The plan is aimed at ensuring continued preservation of the lands that make up the National Wilderness Preservation System across the jurisdictions of various agencies that manage wilderness lands, including the Bureau of Land Management, the U.S. Forest Service and the U.S. Fish and Wildlife Service. Continue reading

Oyster farm conflict at Pt. Reyes resolved

Commercial operation at national seashore will cease by end of year

Pt. Reyes National Seashore.

Pt. Reyes National Seashore.

Staff Report

FRISCO — A long-running battle over an oyster farm at Pt. Reyes National Seashore may be winding down. The National Park Service says a settlement agreement would, if approved by a federal court, would require the Drake Bay Oyster Company to cease operations by the end of the year.

The proposed consent decree would allow the National Park Service to remove onshore and offshore infrastructure associated with shellfish cultivation concurrently with the company’s removal of shellfish. Continue reading

Public Lands: National Park Service wins convictions in three separate drone-ban violations

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Drones may be a nuisance if they’re misused but they can also help scientists track wildlife. USGS Photo.

Will fines deter other would-bee drone pilots?

Staff Report

FRISCO — The National Park Service showed that its ban on drones has teeth. The federal government in three different cases won convictions against park visitors charged with violation restrictions on unmanned aerial vehicles.

An Oregon man Oct. 2 pled guilty to the charge of violating a closure and was fined $1,000 plus court costs. He was charged after he flew his unmanned aircraft over the crowded Midway Geyser Basin and close to bison on August 19.

A Dutch visitor whose drone crashed into Grand Prismatic Spring in early August was fined $1,000 and ordered to pay $2,000 in restitution, while another tourist from Germany in September pled guilty to charges arising from operating an unmanned aircraft which crashed into Yellowstone Lake near the West Thumb Marina back on July 18. Continue reading

Environment: Federal court uphold 20-year ban on uranium mining in the Grand Canyon area

A legal road on the Kaibab National Forest leads to this lookout spot on the rim of the Grand Canyon near the Saddle Mountain wilderness area. PHOTO COURTESY LEIGH WADDEN.

New uranium mining on lands near the Grand Canyon is at issue in a legal battle.

Judge says environmental studies followed the law and that the government has the right to err on the side of caution

Staff Report

FRISCO — A 20-year ban on uranium mining on lands surrounding the Grand Canyon withstood a legal challenge from industry interests and local governments this week, as U.S. District Court Judge David Campbell ruled in favor of the federal government.

“The Court can find no legal principle that prevents DOI from acting in the face of uncertainty. Nor can the Court conclude that the Secretary abused his discretion or acted arbitrarily, capriciously, or in violation of law when he chose to err on the side of caution in  protecting a national treasure – Grand Canyon National Park,” Campbell wrote in his Sept. 30 ruling that dismissed the lawsuit.

Salazar announced his intent to withdraw the lands in 2009 and the decision was finalized in 2012 after extensive studies to assess the potential impacts to the environment. Overall, the reviews showed that there was low risk for serious contamination of water sources, but that the consequences could be serious.

A U.S. Geological Survey study found water from 15 springs and five wells in the region where dissolved uranium concentrations exceeded EPA maximu concentrations for drinking water. The agency was uncertain whether these concentrations resulted from mining, natural processes, or both.

The USGS also found that floods, flas  floods, and debris flows caused by winter storms and intense summer thunderstorms transported substantial volumes of trace elements and radionuclides, and that fractures, faults, sinkholes, and breccia pipes occur throughout the area and are potential pathways for downward migration of contaminants.

Conservation groups and Arizona’s Havasupai Tribe praised the decision.

“The Havasupai support the withdrawal of the lands from mining for the protection of our homes and our water. The ruling today by Judge Campbell recognizes the unique and important resources on the lands south of Grand Canyon that are our aboriginal homelands and within the watershed that feeds our springs and flows into our canyon home,” said Havasupai Chairman Rex Tilousi.

The tribe and conservation helped to defend Interior’s decision to protect Grand Canyon’s springs and creeks, wildlife and vistas from new toxic uranium-mining pollution. The groups and tribe were represented by public-interest law firms Earthjustice and Western Mining Action Project.

“The lands surrounding Grand Canyon are full of natural beauty,” said Ted Zukoski, an Earthjustice staff attorney who helped represent the groups in the lawsuit. “The life-giving waters and deer, elk, condors, and other wildlife found there deserve protection from the toxic pollution and industrialization threatened by large-scale uranium mining. That is why it was critical to defend these lands from this self-serving attack by the uranium industry.”

The mining industry lawsuit asserted that the Interior Department’s exhaustive, 700-page evaluation of environmental impacts was inadequate.

“The court’s ruling affirms conclusions by five federal agencies, including scientists from the U.S. Geological Survey,” said Grand Canyon Trust’s Roger Clark. “Uranium mining poses unacceptable risks to Grand Canyon’s water, wildlife, and people. It should be permanently banned from our region.”

One of the great symbols of the American West, Grand Canyon was first protected as a national monument by Theodore Roosevelt in 1908, and is surrounded by millions of additional acres of public lands that include wilderness areas, two national monuments, lands designated to protect endangered species and cultural resources, and old-growth ponderosa pine forests.

The canyon area is also home to the Havasupai, Kaibab Band of Paiutes, Hualapai and Navajo tribes and has been designated a World Heritage site. The greater Grand Canyon region attracts about five million tourists and recreationists per year.

Interior’s study of the mining time-out showed that, without the withdrawal, 26 new uranium mines and 700 uranium exploration projects would be developed, resulting in more than 1,300 acres of surface disturbance and the consumption of 316 million gallons of water.

Under the ban, existing mine operations are projected to have about one-tenth of the surface impacts and one-third the water usage over a 20-year period. If new uranium mining were allowed, uranium levels in some springs could rise to twice the level of Environmental Protection Agency (EPA) drinking water standards and aquifers could be severely depleted, endangering public health and wildlife, and compromising the values of the tribes who consider the springs sacred.

The uranium mining companies have 60 days to appeal Judge Campbell’s decision to the Ninth Circuit Court of Appeals and are likely to do so, given their past statements.

“If the mining companies do appeal, we’ll be there to defend the Secretary’s – and Judge Campbell’s – prudent decisions,” said Zukoski.

Florida panthers catch break from National Park Service

Big Cypress National Preserve closes some motorized backcountry routes in response to environmental lawsuit

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Ribbons of trails cut through Big Cypress National Preserve.

By Bob Berwyn

FRISCO —Florida panthers will get at least a temporary reprieve from dirt bikes and off-road vehicles, as the National Park Service agreed to cut motorized in Big Cypress National Preserve.

The agreement with conservation groups requires the park service to close an extensive network of motorized secondary and user-created trails until it conducts an environmental analysis. The park service must also work with the U.S. Fish and Wildlife Service to ensure protection for panthers and other rare species in the area. Continue reading

Congress eyes widespread public land pay-to-play fees

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More public land fees ahead?

‘Stealth’ bill pending in House after passing committee without a hearing

By Bob Berwyn

FRISCO — In a classic bit of stealth lawmaking, House Resources Committee chairman Doc Hastings (R-WA) last month opened the door for more widespread recreation day use fees on federal lands.

Without a committee hearing, Hastings sent HR 5204 (The Federal Lands Recreation Enhancement Modernization Act of 2014) to the floor of the House, where it could, according to critics, become law without any public hearing at all as a rider to a budget bill. Continue reading

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