WLP News No 21

8/7/2019 WLP News No 21

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Western LandsUpdate

Western Lands Project Seattle, Washington

Spring 2007 Research, Outreach, and Advocacy to Keep Public Lands Public

Janine Blaeloch, Director

This month marks our tenth year as the rst andonly organization dedicated to monitoring themyriad attempts to privatize our shared publicland. We started this organization, then theWestern Land Exchange Project, because it had

to be donebut I doubt it would have occurred toour ounding board members and me that we wouldsurvive this long. Thanks to enlightened oundationsand donors, steadast members, passionate public landdevotees, and a media that still recognizes a good scan-dal when it sees one, here we remain.

We have made tremendous progress in raising theprole o ederal land trades, sales, and giveaways;compelling greater accountability within the two mainland-dealing agencies, the Forest Service and Bureauo Land Management (BLM); training and assisting

Western Lands Project: Ten Years Deending Public Landslocal citizens; and keeping public land protection onthe radar in the U.S. Congress.

But the essential work o Western Lands is keeping aneye on more than 80 national orests and 106 BLMoces in the West (not to mention a ew notoriousmembers o Congress). Our primary job is to makesure that wherever public land passes into privatehands it happens in an open and lawul manner.Where a land deal does not serve the public interest,our job is to stop it, to change it, orat the very leastname names and keep the public inormed.

Some highlights o our frst decadeThe Western Lands Project (originally the WesternLand Exchange Project) was ounded ater Janine leda challenge against the Huckleberry Land Exchange between the Forest Service and Weyerhaeuser as amember o Pilchuck Audubon Society. Founding board

members Rachael PaschalOsborn, Bonnie Phillips, andMartin Rand helped establishthe rst organization dedicatedto monitoring land trades andbringing reorm to the process.

The Project became a 501(3)(c)organization in April 1997.

From September 27 to Octo-ber 2, 1998, the Seattle Times published “Trading Away theWest” an investigative series onederal land exchanges (stillviewable on the Times’ website)that broke the issue into publicand media consciousness.

Citizens o every stripe will take action to save the public land they care about.

Photo: Colby Chester

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The BLM is

beginning topost project lists on its webpages (blm.gov), so at last the public willhave a reliableway to keeptrack o land

trades, landsales, and any other projectsthe agency isplanning. TheForest Service has made signi-icant improve-ments to its

long-standing“Scheduleo ProposedActions,” post-ing each For-est’s project list at s.ed.usevery quarter.

In 1999, our involvement in a lawsuit over theHuckleberry Land Exchange brought about a precedent-setting decision in the NinthCircuit Court o Appeals that has substantially aected Forest Service trades. Muckleshoot Indian Tribe v. U. S. Forest Service established

important legal precedent by requiring Forest Service and BLM oces to conduct betteranalysis and disclosure o the environmentalimpacts o ederal land trades.

That same year, the Interstate-90 LandExchange between the Forest Service andPlum Creek Timber made ront-page newsin Northwest newspapers. Ater the WesternLand Exchange Project had attempted tostop the tradepassed through Congressas a hidden “rider” on an appropriations

billPlum Creek discovered a nest o the endangered marble murrelet on or-merly public land it had received in theexchange. As the company and agency scrambled to re-work thetrade, the Project helped orma coalition o environmen-tal groups and rural citizensagainst the project, and theexchange was greatly alteredto exclude several important areas, including old-growth

orest.

In 2000, we published “Com- mons or Commodity? The Dilemma o Federal Land Exchanges,” co-written withhistorian George Draan.The 104-page report outlinesthe history o land trades, thepolicies and laws that governthem, the faws in the process,and suggestions or reorm.

Also that year, the GeneralAccounting Ofce (GAO)released an audit report onland trades requested by Rep.

George Miller (D-CA). We urnished theGAO with much o inormation needed toinitiate the audit. GAO’s report was highly critical o both Forest Service and BLMland exchanges and spurred important reorms in the Forest Service’s land trade

program.

In 2001, we published the “Citizens’ Guide to Federal Land Exchanges,” oering step-by-step advice on how to work to improveor stop a land trade. As we’d hoped, many people have used the book to negotiatethe learning curve on land trades and takeeective action.

That year we joined the Center or Biologi-cal Diversity and the Grand Canyon Chap-ter o the Sierra Club in a lawsuit against the BLM in Arizona or its decision toexchange land with the mining conglomer-ate ASARCO. The corporation sought theexchange in order to expand an open-pit

Old growth on Huckleberry Mountain was eventually spared when the Huckleberry Land Exchange was altered ater our lawsuit.

Photo: Delmis Sonneson

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copper mine. A decision is still pending inthis case, in which we’re represented by theWestern Mining Action Project.

In Autumn 2001, Chris Krupp joined theProject as sta attorney and immediately

launched a challenge against a land salein Nevada. Our case against the LincolnCounty Land Act was Chris’s rst, andbrought a victory in court in 2004. TheBLM had neglected to analyze the impact o taking water rom nearby basins to supply development o 13,000 acres o ederal landto be put up or auction. Ultimately the suit was swept aside in another land sale bill inCongress that mandated the quick auction-ing o the land despite the court decision.Both the original land sale and the bypass-

ing legislation were sponsored by SenatorHarry Reid o Nevada.

In 2002, we stopped a congressional pro-posal by a conservative member o theHouse Resources Committee that wouldhave given away or ree land in the Ange-les National Forest to a private observatory that had been leasing the parcel or many years. The land was estimated to be worth$100 million. Coverage in the Los Angeles Times killed the dealCaliornians were

none too pleased that the proposal camerom a Pennsylvania Republican in aid o agroup o his political allies.

With the help o Public Employees orEnvironmental Responsibility we workedwith Kent Wilkinson, a Utah BLM whistle-blower who charged that the agency wasskewing appraisal numbers, resulting in apotential $100 million public rip-o in theSan Raael Swell (Utah) exchange, a con-gressional proposal. The Inspector Generalo the Interior Department investigated

the charges and the ensuing scandal ledto a complete restructuring o the InteriorDepartment’s appraisal division as well ascancellation o the San Raael trade.

Working with citizens o Sisters, Oregon, wehelped stop a land exchange proposal that would have given a local developer a well-loved area o national orest along SquawCreek, on the edge o Sisters. In exchange,the public would have been given an

inholding the developer had purchasedon Steens Mountain, more than 200 milessouth o their town.

Sta attorney Chris Krupp conducted aFreedom o Inormation Act campaign

against the Nevada BLM and discoveredthat employees o a private land company were working in the BLM oce that wasproposing an exchange with that company.Chris got the issue covered in the New York Times , and the collusion was halted.

In June 2003 the Los Angeles Times pub-lished a series o investigative stories oncongressional amily members’ cashing inon their political connections. “The Sen-ator’s Sons: In Nevada the Name to Knowis Reid,” exposed Nevada Senator Harry

Reid’s relatives’ involvement in ederal landprivatization and development in the LasVegas Valley. Western Lands worked ormonths with investigative reporter ChuckNeubauer to help uncover details o theReids’ connections with public land deals.

In 2004, the Forest Service completed aland exchange in Utah’s Dixie NationalForest that Western Lands had been work-ing on since 1999. The deal between theagency and a power company was aimed

at privatizing land where the company had a power plant under permit on publicland. Through correspondence, Freedomo Inormation Act requests, and workwith local citizens, we were able to achievesubstantial improvement in the proposal.Rather than staying with the original planto trade 179 acres o ederal land or 40acres o private land, the trade was pareddown to 40 or 40.

Citizen opposition stopped a land trade would have given thepeaks in Arizona’s SaRitas to the ASARCOmining conglomerate

Photo: Western Land

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In 2005, the Umpqua land exchange project in Oregon, which we had been monitor-ing and opposing since 1998, was dropped.The trade would have involved potentially 675,000 acres o Forest Service, BLM, and

timber industry lands, and was the brain-child o timber companies as a way to tradecorporate lands in o-limits sensitive habitat or ederal land with accessible trees.

In June 2006, we settled a case led the yearbeore against the BLM, or which WesternLands and co-plaintis were representedby the ACLU. The premise o the case wasthat Interior abdicated their management responsibilities at Martin’s Cove, a nationalhistoric site in Wyoming . At the instruction

o Congress, Interior had entered into a25-year lease that eectively ceded manage-ment o the site, which is ederal land, to theChurch o Jesus Christ o Latter-day Saints(LDS). The Church has been given virtu-ally unettered control o the site, which islisted on the National Register o HistoricPlaces. Plaintis believed this violated theFirst Amendment’s prohibition on govern-ment establishment o any religion. WesternLands’ involvement was based on the virtualprivatization o this public land through the

Church’s control o activities there. At issuewere such problems as signage that co-min-gled the Mormon Church’s logo with that o the BLM and proselytizing by church mem-bers. The settlement satisactorily resolvedour concerns by eliminating any ambiguity that the site is public land and prohibitingproselytizing.

In June, Western Lands gained coverage o ederal land issues on National Public Radio’s

All Things Considered and in November onMorning Edition (both are archived on our Inthe Media page). Reporter Je Brady coveredthe issues o ederal land sales designed to ben-et local interests and Nevada Senator Harry Reid’s special land deals or his home state.

In August, sta attorney Chris Krupp ledsuit on behal o Nevada Outdoor Recre-ation Association and Western Lands onan illegal land trade in Nevada. At issue isa development called Coyote Springs. In a1988 congressional land trade, manuacturerAerojet acquired 42,000 acres o public landin Coyote Spring Valley north o Las Vegasto build a rocket testing acility. 14,000 acresin the middle o the property was set asideas protected desert tortoise habitat under

a lease with the BLM. Aerojet subsequently decided against building and sold 28,000acres o the non-leased land to Harvey Whit-temore. In 2005, to accommodate Whitte-more, the BLM issued a “corrective patent”to completely relocate 10,000 acres o theleased land so that he would have a contigu-ous piece o property. (A patent is an instru-ment conveying public land).

BLM did not prepare an environmentalassessment beore changing the boundaries,

nor an appraisal to determine whether Whit-temore was taking more valuable land. Theland exchange violates the National Environmental Policy Act (NEPA) and the FederalLand Policy & Management Act (FLPMA).

For the last several years, Western LandsProject has been a leading opponent o sev-eral ill-conceived public land bills that com-bined wilderness designation with publicland trades, sell-os, and even giveaways.Working with other grassroots groups, wespread the word about the harmul implica-

tions o these bills among politicians and inthe media. In 2006, Western Lands helpedbring together 88 organizations across thecountry in a collective call or a moratoriumon omnibus public land bills pending a pos-sible change in Congress a change that did, in act, occur in the subsequent Novem-ber election. Ultimately, three o the ourworst bills ailed to pass in the 109th Con-gress in the Republican majority’s last weeks.

Too oten, the Forest Service has traded intact orest land or cut-over, heavily-

roaded timber industry land.

Photo: Dr. John Osborn


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Now & UpcomingIn CongressThe change in leadership in the U.S. Con-gress will almost certainly bring some relie or public land. While it’s doubtul theDemocrats will charge ahead with big, pro-active land-saving measuresat least in thenext two yearsneither are they likely topush the horrible land privatization bills theRepublicans avored.

The most likely exception to that rule isSenate Majority Leader Harry Reid o Nevada. Reid, whose state has the highest percentage o public land, has sponsored leg-islation that has privatized more than 165,000acres o ederal land in Nevada since 2002.

Indeed, even in the sunset o the Republican-led 109th Congress, only the Democrat Reidmanaged to get a big land bill through asa rider on a tax-related bill. In the past, Reidhas vowed to pass bills county-by-county throughout Nevada, combining land andwater development and public land privatiza-tion with wilderness designations.

In the AgenciesThe Bush Administration has proposedagain this year to sell o some 300,000

acres o Forest Service land to und schoolsand local services in historically timber-

dependent communities. The public roseup against this idea when it was foated last year, and the Senate appears close to pass-ing legislation that would provide the undswithout land sales. A proposal to sell BLM

lands to pay down the decit, also rejectedlast year and brought back this year, seems tobe languishing.

The Washington Post recently published anexpose on the US Department o Agricul-ture’s Rural Development Program, whichgives billions o dollars in grants and low-interest loans ostensibly to aid rural areas.An heir to FDR’s Depression-era rural aidprograms and unded through the FarmBill, the Rural Development program is sup-posed to help economically challenged areaswith low population density and low tax rev-enues. But the Post reports that the majority o the money goes toward projects in stable,even wealthy communities, including CapeCod and the Houston suburbs.

We take an interest in this issue becausecounty commissioners in many o the West’srural areas have called or public lands tobe sold o (or given to counties) to pay orrural services. Western Lands will advocateor appropriate distribution o the USDA’s

rural development unds as part o theanswer to the repugnant land-sale idea.

In parts o the arid West, growth is creating enormous pressurto privatize public land.

Photo: Western Land


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Recent Developments in the Law Chris Krupp, Sta Attorney

Our tenth anniversary is an opportunetime to look at developments in thestatutes and case law controllingpublic land disposals. The case lawhas seen incremental improvements

and refects the increased scrutiny that landdisposals have received since our ounding.Although there haven’t been any changesto the Federal Land Policy and Manage-ment Act (FLPMA), the primary statutegoverning land exchanges, two recently enacted laws have, unortunately, made it easier or the Forest Service and BLM tosell lands under their management.

The Federal Land Transaction FacilitationAct o 2000 (FLTFA) authorizes the InteriorDepartment to keep the proceeds romland sales and the cash equalization pay-ments rom land trades to purchase privatein-holdings. The Forest Service Facility Realignment and Enhancement Act o 2005(FSFREA) authorizes the Forest Service tosell or exchange administrative sites o 40acres or less and use the unds received tomaintain other Forest Service acilities.

Not surprisingly, there has been an infuxo sale proposals rom the BLM andthe Forest Service since these laws wereenacted. By keeping land sale proceedswithin Interior (rather than sending themto the General Treasury), FLTFA increasesthe BLM’s incentive to sell land. Whileearmarking proceeds or the acquisition o environmentally sensitive lands is a goodidea, we are concerned that some o theland sale proceeds will be wasted on dubi-ous acquisitions.

The Forest Service has an enormous back-log o acilities in need o repair, but theFSFREA is little more than a cosmetic x tocover Congress’s longtime ailure to appro-priate necessary maintenance unding. TheAct is also at odds with the rationale behindFLPMA’s land exchange provisions. Excessacilities are oten the most appropriateederal properties to exchange becausethey have no wilderness or recreational

values, and are oten located in towns orindustrial zones.

In terms o court decisions, Muckleshoot Indian Tribe v. Forest Service is obviously noteworthy in our view the Huckleberry trade at issue in that case was the catalyst or this organization’s creation but it alsochanged the way the agencies process landexchanges. Prior to this decision, the agen-cies tended to analyze land trades as papertransactions, rather than projects with on-the-ground impacts. With Muckleshoot, theNinth Circuit recognized that exchangescan have negative as well as positive impacts

the court scolded the Forest Service orplaying up the benets o acquiring landwhile neglecting the impact o the clearcut-ting that would happen on National Forest land traded to Weyerhaeuser. The court also determined that the National Envi-ronmental Policy Act (NEPA) requiredan analysis o the cumulative impacts o a uture land trade in the area and con-sideration o an alternative that includedprotective deed restrictions on the ederalparcels traded away. (The Ninth Circuit later reinorced the requirement that agen-cies to analyze uture land conveyancesas cumulative impacts in Hall v. Norton .)Finally, the case reinorced that courts havethe authority under certain conditions tovoid land trades even ater deeds have beenexchanged.

Desert Citizens Against Pollution v. Bisson ,decided in 2000, concerned a BLM pro-posal to trade public land in southernCaliornia that was to be used or a regional

landll. Desert Citizens was the rst casein which plaintis successully relied onFLPMA’s equal-value provision to challengea land trade. Previously, activists had hadno success challenging land trades on thebasis that ederal lands had been underval-ued or private lands overvalued. The courtshad likened this to taxpayer suits in whichgeneral members o the public challengethe way their tax dollars are spent by the

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governmentthese suits ail because thetaxpayers’ injuries are insuciently particu-lar to be heard by the courts.

Here, the Ninth Circuit recognized that persons that use and benet rom a particu-lar parcel o public land are injured whenmore o that land is traded away than wouldhave been necessary i the land had beenappraised properly. The acts o the caseillustrate why it was so important to get past the “taxpayer suit” threshold: even thoughall indications were that the public land wasslated or use as a regional landll ater it was traded, the land had been appraised as

open space, wildlie habitat or mine sup-port. The court noted that the dierencebetween the two may have been as great as$350/acre or open space or mine support versus $46,000 acre or a landll site.

Two cases concerning a proposed landtrade near Grand Canyon National Park,City of Williams v. Dombeck and Sierra Club v.Dombeck , have helped clariy when actionssubsequent to and dependent upon aland trade are “connected” actions whose

impacts must be analyzed concurrent withthe trade’s more direct impacts. (In thesecases, construction o a water pipeline).

Finally, in 2003, Western Land Exchange Proj- ect v. BLM was signicant or requiring theBLM to comply with NEPA when sellingpublic land at auction, even though Con-gress had required that the land be soldwithin 18 months. Although the public lawrequiring the sale made no specic men-tion o NEPA, the court acknowledged theoverarching importance o the law in hold-ing there was no reason that an 18-monthdeadline made NEPA analysis impracticableor the agency. The court also reinorcedthe previous caselaw regarding connectedactions by holding that BLM was requiredto analyze the impacts on the ragile MojaveDesert ecosystem o developing a municipalwater supply or the auctioned land.

Onward!Joanne Hedou, program Coordinator

The year 2007 is a real landmark orthe Western Lands Project. The stead-ast support we’ve received rom ourmembers over the years has been criti-cal in allowing us to create a ground-

swell o awareness about how our publiclands are too requently manipulated orprivate gain. The support o individualsand oundations throughout the US hasmaintained the momentum o our mis-sion to respond to bad land dealslandexchanges, sales, disposals and, o course,“quid pro quo” agreements. The knowledgebase around public land transactions is

now integrated into the practice o many environmental activists and politicians; anda cadre o people who support good publiclands policy has been ormed. None o thiscould have happened without the involved,inormed individuals that have supportedthe Western Lands Project.

Western Lands has accomplished a great deal, and the ten-year mark is an appropri-ate time to assess where we go rom here.Over the coming year we will be engaged inplanning to solidiy the uture o the West-ern Lands Project. We’ll keep you postedand, as usual, you can stay abreast o ourwork at westernlands.org.

Gale Norton’s tenure as InterioSecretary was noble or corruptio

scandal, alsifedscience, whistle- blower harassmeand unrelenting exploitation o public land.

Her successor, exIdaho Governor Dirk Kempthornis currently working on gutting th

Endangered SpecAct. Cartoon uby permission.


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Meet Our Board MembersRebecca Rundquist,President , has been

on Western Lands’board since 2000.Rebecca graduatedrom Lewis andClark, NorthwesternSchool o Law in1994 with a certi-cate in Environmen-tal Law. She has vol-unteered or Ameri-

can Rivers, the Sierra Club Legal DeenseFund, and or the Northwest Environmen-

tal Deense Center as Executive Director.Rebecca began volunteering or us in 1998.As an attorney, she has worked on a variety o environmental and conservations issues.In 2002 she received a Master’s degree inEnvironmental Management rom the YaleSchool o Forestry and Environmental Stud-ies. Rebecca currently lives in Maine.

Sandy Lonsdale

joined WesternLands’ board in

1999, ater spear-heading eorts tostop a land exchangebetween theDeschutes NationalForest and CrownPacic Timber nearhis hometown o

Bend,Oregon. Sandy works in the renew-able energy eld and is a reelance journal-ist and photographer ocusing on land useissues, protecting the last o the great wild

Oregon. He recently completed a photo-inventory o Oregon’s unprotected wild or-ests and produced the photography or anexploration guidebook or Oregon’s highdesert wildlands called “The Oregon Desert Guide.” Sandy recently moved to Moab,Utah, where he and his wie own a smallhotel called the Kokopelli Lodge.

Marianne Dugan joined Western

Lands’ board in 1999while an attorney and associate direc-tor with the WesternEnvironmental LawCenter, where shelitigated two majorland exchange cases.Since leaving WELCin 1999, Marianne

has worked as a lawyer in private practice inEugene, Oregon, in the areas o civil rights,

employment rights, property disputes,personal injury, and proessional malprac-tice, and continues her work in the area o environmental and land use law. Marianneearned a JD with certicates in environ-mental and ocean/coastal law as well as aMasters Degree in environmental studiesrom the University o Oregon.

Erica Rosenberg,

board member since2006, is the Director

o Arizona State Uni-versity’s Sandra Day O’Connor Collegeo Law’s Programon Public Policy.She received herB.A. rom HarvardUniversity and J.D.rom Boston Col-lege. Erica has hadextensive experiencein environmental

and natural resourcespolicy. She has served as Democratic coun-sel to both the U.S. House o Representa-tives Committee on Resources and theSenate Committee on Energy and NaturalResources. Erica has also served as counselto the National Congress o the Republic oPalau and to the U.S. Environmental Pro-tection Agency; and has been a senior envi-ronmental policy advisor at the U.S. Agencyor International Development.


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Anonymous Artist, Myra BergmanRamos & Ben Rogers, William R. Friese,Jr & Staci Mayer, Molly Attell, Jack

Bailey, Janine Blaeloch, Joann Blalock,Stephan Block, Susan & Joseph Bower,Barton Brown, MD, William & BarbaraBrunsvold, Robert Buselmeier, ShariBryan, Kate Campbell, Gae Caneld,Robert Castleberry, Rebecca Cate, AprilCrowe, John Carroll Dennis, Craig &Lynn Dible, Karen Domino, LindaDriskill, Marianne Dugan, Neil Elliott,Josiah “Jim” Erickson, Jr., Alan & MyraErwin, Deborah Filipelli, Katie Fite, DanFogarty, Thelma Gilmur, Tony Gioia,David & Melinda- Gladstone, Marga-ret J. Guanella, Charles Hancock, AnnHarvey, Rebecca Haseleu, R.J. & AnnieHaskins, Joanne Hedou, Julia Heiman,Tim Hermach, Tom Herschelman, JohnP. Higgins, Randall Holmberg, Dave &Corey Jacobs, Michael Frome & JuneEastvold, Joe Keating, Steve Kelly, Pat-rick Kintner DDS, Joseph Krupp, Eliza-

Thanks to the oundationssupporting our work!

Anonymous Foundation

Cinnabar Foundation

Conservation & Research FoundationDeer Creek Foundation

Fund or Wild Nature

New-Land Foundation

Shared Earth Foundation

Sperling Foundation

Temper o the Times Foundation

Weeden Foundation

Western Lands Project P.O. Box 95545Seattle, WA 98145-2545phone 206.325.3503ax 206.325.3515www.westernlands.org

Board o DirectorsRebecca Rundquist, President,Portland, MEMarianne Dugan, Eugene, OR Sandy Lonsdale, Moab, UTErica Rosenberg, Phoenix, AZ

Sta Janine Blaeloch, [email protected]

Christopher KruppSta Attorney [email protected]

Joanne HedouProgram [email protected]

beth Krupp, Jerome & Vicki Krupp,Chris Krupp, Jessica Langsam, Debo-rah Lans, Russell V. Lee, Lisa Leerts,

David & Teri Leiborth, Conway Leovy,Lainie Levick, Sandy Lonsdale, CraigLorch, Wendy Lutter, Jack MacDonald,Victor Magistrale, Mike Maloney, Betty Manning, Louise Mariana, MarionMarsh, Joan & Clyde McClelland,Carolyn McConnell, Ann McConnell,Laurene McLane, Matthew McQueen,Tom Murray, George Patrick Nease,Martha Nicholson, George Nickas,Honoria Niehaus, Lyle Oberg, Dr. John& Rachael P. Osborn, Giancarlo Pan-agia, Trevor Patzer, Dr. Forrest Peebles,Sandra Perkins, Mark Peterson, TheresaPotts, Jock Pribnow, Hank Rate, MarianRobertson, Pro. William Rodgers, BethRogers, Paul Rogland, Beth Rosenberg,Erica Rosenberg, Lin Rowland, Mau-reen Ruggiero, Susan Saul, MichaelW. Shurgot, Richard Spudich, Robert Stivers, Sally Strain, Richard Strickland,Peggy & Cliord Titus, Tom & ElkeTrilling, Wolter & JP Van Doorninck,

Wade & Shirley Vaughn, Dale & Chris-tine Volz, Jane Whalen, Jennier Yogi,Raymond Ziarno

Thanks a million to our loyal members and donors!


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