Sweetwater County Conservation District

"To Protect, Conserve and Improve Our County's Natural Resources"

January 25, 2011

Lummis Slams Forest Service Decision to Block Energy Leases for Development

 WASHINGTON, D.C. ? U.S. Representative Cynthia Lummis (R-Wyo.) slammed the Forest Service?s decision to lock up 44,720 acres of National Forest land in the Bridger-Teton National Forest.

 Lummis released the following statement:

 ?The Forest Service?s decision took into account everything but jobs, the economy, energy independence and national security. Gas prices are creeping upward toward four dollars a gallon and America is continually increasing our reliance on foreign countries for energy. Through modern environmentally responsible methods, these resources can provide the country with secure, affordable fuel and offer people in Wyoming high-paying jobs that help support nearby communities. This misguided decision puts our multiple use lands under lock and key.?

 

Background:

 

Under the Bridger-Teton Forest Plan in 1990, the land was made available to lease for energy development. In 2004, the Forest Service granted the BLM the ability to lease the 44,720 acres for energy development. Leases sold in 2005 and 2006 were appealed to the Interior Board of Land Appeals which resulted in the BLM?s freeze on drilling.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 FOR IMMEDIATE RELEASE        CONTACTS: Erin O?Connor 801-625-5347
DATE: January 25, 2011        


Bridger-Teton National Forest releases final Supplemental Environmental Impact Statement and Record of Decision on Wyoming Range Oil and Gas Leases


JACKSON, Wyo. ?
Bridger-Teton National Forest Jacque Buchanan has decided not to authorize the Bureau of Land Management to lease National Forest land in the Wyoming Range for oil and gas development, based on the analysis contained in the Supplemental Environmental Impact Statement (SEIS.)

The decision for the 44,720 acres of National Forest land factored in deficiencies identified in previous environmental analyses, new information on issues such as protection of threatened animals, impacts on local air quality, other energy projects underway in the area, and public comments.  The Forest Service decision announced today supersedes previous decisions that authorized the Bureau of Land Management to offer leases on these 35 parcels.  


After considering all the alternatives and the environmental impacts associated with each, I have determined this is the best course of action,? said Bridger-Teton Forest Supervisor Jacque Buchannan.  ?No single factor led me to this decision.  Rather, it was the combination of the sensitivity and values of the area, the magnitude of other activities currently underway or planned with potentially cumulative impacts, and the concerns of citizens, organizations and other agencies.?


The supplemental environmental impact statement looked at whether there was significant new information or changed circumstances which would indicate a different decision should be made since the prior decisions by the Forest Service to authorize leasing.  


Four alternatives were analyzed:

  • Alternative 1: ?No Action? would authorize no leasing.

  • Alternative 2:  ?Proposed Action? would authorize 12 suspended leases and 23 pending leases.

  • Alternative 3:  ?Proposed Action Plus? would authorize the 12 suspended leases and 23 pending leases subject to additional stipulations ? such as no surface occupancy and controlled surface use - in response to current issues.

  • Alternative 4:  ?Minimal Leasing? would allow directional drilling from producing leases to enable some recovery of energy resources.  

A variation on Alternatives 2 and 3 that authorizes the 12 but not the 23 lease parcels was also analyzed.

Decision Subject to Appeal

Individuals or organizations who submitted comments or otherwise expressed interest in the project during the comment period may appeal the decision.  Appeals must be postmarked or received by the Appeal Deciding Officer within 45 days of the publication of a legal notice in the Casper Star Tribune, Casper and should be sent to the Regional Forester care of Appeal Deciding Officer, Intermountain Region USFS, 324 25th Street, Ogden, UT 84401; or by fax to 801-625-5277; or by email to appeals-intermtn-regional-office@fs.fed.us.
-        - MORE ? ?
Background
The original leasing availability decision was made in the Bridger-Teton Forest Plan in 1990, which identified land with the National Forest where oil and gas leasing could be considered.  More recently, in 2004 the Forest Service decided to authorize leasing of the 44,720 acres within the Bridger-Teton National Forest, a move that allowed the Bureau of Land Management to offer these lease parcels for oil and gas exploration and development.  Leases were offered in several sales in 2005 and 2006. Those decisions were appealed to the Interior Board of Land Appeals, which found appellants were likely to succeed on the merits of their challenges of inadequate environmental analysis.  After the Board?s finding, BLM requested a remand to allow additional analysis focused on Canada lynx and air quality.  Upon the remand, BLM suspended 12 issued leases and classified as ?pending? action on 23 parcels were lease were sold but not issued.  Upon the remand, BLM suspended 12 issued leases and classified as ?pending? action on 23 parcels where leases were sold but not issued.

Public scoping conducted in February 2008 and a review of new information by the Forest Service identified several key issues warranting the supplemental analysis.  These include designation of critical habitat for Canada lynx, potential cumulative effects of rapid and continually expanding energy development in the Upper Green River Basin, proposed designation of nonattainment areas for air quality standards, visibility impairment of Class I airsheds, decline in mule deer populations and increased recreation use.  These issues and others form the basis for the environmental analysis put forth in this Final Supplemental EIS upon which the Forest Supervisor?s decision is based.






January 21, 2011

Executive Order 13563

We've been waiting for President Obama's rewrite of EO 12866 after he revoked President Bush's amendments to that EO early in 2009. Although I never obtained a copy of the GAO report to Obama as he had directed them in January 2009, this EO goes a bit further along the lines of quantifying "values" like human dignity, etc. Evidently a rewrite of EO 12866 will not be forthcoming. These values came up in FS meetings (contract work) that I attended back in 2006-09 for the Ashley National Forest which now appears to have been used in like manner such that helped jeopardize the Dixie National Forest management scheme as depicted in the attached document, second to last page. This EO, as well as the President's regulatory compliance memo of the 18th looks to be just in time for Interior's and EPA onslaught of western lands during this Administration's push for the Great Outdoors Initiative among other redistributive ideals.

Our nation is financially broke and similar to when the Romans ran fat and happy in A.D., comes with consequences after original applications of their public trust doctrine were laid to rest and expanded.

Government Agencies and Employees:

 

Regulation and Regulatory Review; Improvement (EO 13563) ,

 

3821–3823 [2011–1385]

[TEXT]  [PDF]






November 24, 2010 NACD WESTERN ISSUES AND FORESTRY REPORT

GENERAL LEGISLATIVE AND REGULATORY

  • Key leadership positions determined after congressional shakeup. With the major congressional shakeup that took place during this month's mid-term election, when the 112th Congress convenes next year, there will be at least 95 new Representatives and 15 new Senators (a few elections are still awaiting final results). This week both the House and Senate held leadership elections for the 112th Congress. The Republicans will take over the majority in the House, and the Democrats will retain majority status in the Senate. The next step will be Committee assignments which won't begin to be settled until the end of this month. If you have a new congressional member of state legislator, make sure they know about conservation districts and the on-the-ground projects you are working on.
  • America?s Great Outdoors report delayed. After months of listening sessions and comments, the release of the America's Great Outdoors (AGO) report, due November 15th, has been delayed for at least a month. Sources say that in addition to a surge in last-minute comments being considered, the delay is being caused by disagreements between the authoring agencies.  Six task forces of federal officials were each supposed to be writing sections and infighting between agencies reportedly resulted in the National Park Service being omitted from early drafts. With the change in Congress as a result of the mid-term elections, and the pressure of what by all accounts will be a bleak FY2011 and FY2012 budget cycle, it is uncertain whether the initiative will end up having any legs. 
  • Omnibus Public Lands Bill Contains 60 Measures. With more than 60 individual lands bills passed by the Senate Energy Committee awaiting action before the end of the 111th Congress, conservation groups are lobbying for an omnibus that would include new national parks, national historic sites, Revolutionary War and War of 1812 battlefield acquisition and a Civil Rights Heritage Trail program.  With a crowded agenda of appropriations and taxes, it is unclear how much support there will be to move such a bill.  Further, without an identical House bill, there would likely be additional compromises necessary to reach a final agreement - something very uncertain during the "lame-duck." 
  • BLM 10-year anniversary of the National Land Conservation System (NLCS) ? in concurrence with this anniversary, BLM held a stakeholder workshop on November 14-15 in Las Vegas to discuss challenges and opportunities for the future of NLCS, which I attended. NLCS is the name that BLM has given to name its 27 million acres of National Monuments, National Conservation Areas, Wilderness Areas, Wilderness Study Areas, Wild and Scenic Areas, National Scenic and Historic Trails, and Conservation Lands of the California Desert. Once complied, the report on this workshop will be available for public review.
  • Deficit focus for the 2012 Farm Bill ?The likely chairman of the House Agriculture Committee, Rep. Frank Lucas (R-Okla.), plans to hold hearings ?looking at how every penny is spent? in anticipation of writing a farm bill in 2012 to replace the current $288 billion, five-year plan. The NACD Farm Bill Task Force members are reviewing the NACD 2008 FB principles were reviewed as a basis for the 2012 principles, and will be unveiled for full board approval in the 2011 annual meeting in Nashville. NACD is involved in a conservation coalition and has formed an agriculture coalition to work on the farm bill.
  • USDA publishes the Wildlife Habitat Incentives Program (WHIP) final rule - On November 23, NRCS published the WHIP final rule in the Federal Register. Substantive changes include the clarification in the role and authority of TSPs, the broadened definition of agricultural land, the addition of a fifth national priority for WHIP to ?protect, restore, develop, or enhance important migration and other movement corridors for wildlife,? and the acknowledgement that WHIP may help address climate change with additional ranking points to practices that offer multiple benefits in WHIP?s Application Evaluation and Ranking Tool.

FORESTRY

  • Interagency Agroforestry Team ? Forest RPG member from Indiana Tom Crowe is serving on the Interagency Agroforestry Team (IAT). IAT members are drafting the national strategy for agroforestry for USDA, which should be ready soon.
  • Forestry Notes ? November?s issue highlights the American Forest Foundation?s report on the implementation of forestry in the 2008 farm bill, Florida?s preparation for the next fire season, and a wood-fired system at the University of Montana. December?s issue will feature community forestry in Georgia, forestry opportunities in NRCS?s Conservation Stewardship Program, and the recent Joint Forestry Team webinar.
  • Wild Horses and Burros
    • The Resource ? the fall issue of The Resource features articles how conservation districts are adapting to changing times. Oregon conservation districts are featured in their ecosystem services efforts. Also featured is an update on wild horses and burros and a forestry update. 
    • Pacific-Southwest Regional Conference ? presentations from the conference were loaded into Google Documents currently. The following sessions from NACD?s recent Pacific-Southwest Regional Conference are now available online:
      • Washington Association of Conservation Districts ? November 30-December 2 in Cle Elum, I will be attending
      • Joint Forestry Team meeting ? the next meeting of the JFT executives will be on December 14 in Washington, DC to discuss the progress that have been made on the JFT MOU and next steps to continue the partnership.
      • NACD Annual Meeting in Nashville, TN ? January 30-February 2, 2011 ? early bird registration is available until November 30 at www.nacdnet.org
        • NACD Southwest-Pacific Regional Conference will take place on September 25-29, 2011 in Taos, NM.
OTHER ACTIVITIES

NACD is a supporter of the Summit of the Horse, which will take place January 6-9 in Las Vegas, Nevada.

A special report on wild horses is available in the winter issue of Range Magazine.

?Taro Farming?
Jim Cain discusses the challenges facing local taro farmers.
Part 1: http://vimeo.com/16197789
Part 2: http://vimeo.com/16199319

?Natural Farming with Indigenous Micro-Organisms?
Dr. Hoon Park discusses the importance of micro-organisms to healthy soils and how to grow your own EN1 and reduce costs associated with fertilizer, pesticides and irrigation.
Part 1: http://vimeo.com/16647170
Part 2: http://vimeo.com/16662986

?Wind to Energy?
Gene Kelley, from W2 Energy Development Corporation, shows a better way of capturing wind and water energy through wind wings.
http://vimeo.com/16907566

?Agroforestry for Sustainable Resource Management ? Pacifica Style?
Craig Elevitch, the author of ?Traditional Trees of Pacific Islands? speaks about agroforestry management on the islands.
http://vimeo.com/16749518

?Natural Energy Laboratory?
Ron Bair from the Natural Energy Laboratory of Hawaii Authority (NELHA) presents on the alternative energy research being conducted at NELHA as well as their agriculture and aqua cultural operations.
http://vimeo.com/16757319

 

UPCOMING MEETINGS

  • Region meetings, including ones for the Pacific and Southwest Regions, will take place on Saturday, January 30 ? I will be working with board members from both regions to put together meeting agendas
  • Committee meetings will take place on Saturday, January 30 from 1:30-5 p.m. ? I will be working with the Natural Resource Policy Committee to put together an agenda.
  • The Forest RPG meeting will take place on Saturday, January 30 from 9 a.m. to noon ? I will be working with Forest RPG members to put together an agenda
  • Breakout sessions are on the NACD annual meeting web page.



Wyoming Wolf Coalition News Release–November 18, 2010

U.S. District Judge Johnson:  USFWS rejection of Wyoming Wolf Management plan was arbitrary and capricious

CHEYENNE, Nov. 18, 2010--In a Nov. 18, 2010 ruling, United States District Judge Alan Johnson ruled that the United States Fish and Wildlife Service’s (USFWS) rejection of the Wyoming Wolf Management plan was arbitrary and capricious.  The court remanded the issue back to the USFWS to fix. 

“We are pleased with the decision,” Harriet Hageman, attorney for the Wyoming Wolf Coalition, stated.  “We have felt all along the USFWS actions weren’t based on science.”

The Wyoming Wolf Coalition is a petitioner-intervenor in the case of the State of Wyoming v. United States Fish and Wildlife Service.

“The deal from the beginning was that the gray wolf would be introduced into and managed in the Yellowstone area,” Hageman continued.  “The FWS rejection of the Wyoming Wolf Management plan was an effort to force Wyoming to adopt a management plan that ensures that the wolves move throughout the State.  That is directly contrary to everything that the FWS told us when they brought the wolves into Yellowstone.”   

Judge Johnson wrote in his ruling:  “There is no scientific or commercial data that suggest the state’s dual classification of wolves, in and of itself, cannot meet, accomplish, and maintain the identified recovery goals in the GYA, including northwestern Wyoming.”

He continued in his writing:  “….the agency’s requirement that the trophy game management area, rather than that portion of northwestern Wyoming (including the GYA recovery area) necessary to facilitate movement and ensure dispersal of wolves so as to preserve genetic connectivity and to ensure that self sustaining populations will be maintained above recovery goals, is arbitrary and capricious and should be set aside.”

In the order Judge Johnson remanded the matter back to the USFWS saying the agency should determine:  “…whether the proposed regulatory framework ensures the conservation and protection of gray wolves in an approved trophy game area in northwestern Wyoming as required by the Endangered Species Act, and to analyze in this context the defense of property and wolf depredation laws in considering whether the management plan is an adequate regulatory mechanism.”

It is now up to the USFWS to determine if they will appeal the decision.  If they appeal, the case would go before the 10th Circuit Court of Appeals. 

In 2004, 27 different associations, including agriculture, wildlife interests and county government joined together to form the “Wolf Coalition.” 

“Wildlife interests, county governments and agriculture have come together recognizing the need to protect livestock and the depleted wildlife populations,” Hageman stated.  “This broad diversity of organizations shows the significant impacts wolf introduction is having on Wyoming citizens.”

-END-

 CONTACT: Harriet Hageman, Wyoming Wolf Coalition Attorney, 307.635.4888 or  hhageman@hblawoffice.com

 

 _____________________________________

Kerin Clark

Wyoming Farm Bureau Federation

Media and Member Relations Director

PH:  307.532.2002     FAX:  307.532.2479

P.O. Box 685, Torrington, WY  82240

www.wyfb.org






2008 Federal Register URL:
http://www.access.gpo.gov/su_docs/fedreg/frcont08.html
 
Note: You can go back to 1998, just type in the last two digits at the end of the URL.
 
Code of Federal Regulations:
http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1
 
Department of Interior/BLM electronic FOIA reading room:
http://www.blm.gov/wo/st/en/res/FOIA/Reading_Room.html
 
BLM Technical Reference:
http://www.blm.gov/nstc/library/techref.htm

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