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San
Rafael Swell monument proposal could prove that Bush realizes the
importance of a fair and public process
By
Mathew Barrett Gross
for Headwaters News
When President Clinton proclaimed 1.9 million acres
of southern Utahs redrock country as the Grand Staircase-Escalante
National Monument in September 1996, he was greeted with a barrage
of criticism from western Republicans. The proclamation was "the
mother of all land grabs," as Republicans then claimed, and a
"secret attack" launched on the unsuspecting politicians
of Utah, who had no prior knowledge of Clintons plans.
Perhaps worst of all, in Republican eyes, was the suspicion that Clintons
proclamation was pure politics, designed simply to shore up the environmental
vote for the Democrats in the 1996 presidential election.
Among the most vocal and strident critics of the Grand Staircase-Escalante
National Monument was Utah Gov. Mike Leavitt, who called Clintons
use of the 1906 Antiquities Act "one of the greatest abuses of
executive power in history," arguing that the unilateral authority
wielded by the president to create the monument "was not intended
by the founders of this nation."
Thus it was ironic to hear Leavitts State of the State address
last month. Abandoning his one-time diatribe against the Antiquities
Act, Leavitt instead called on President Bushwho only a year
ago came into office uttering vague promises to undo as many of the
19 national monuments created by President Clinton as possibleto
use his presidential authority to create a 620,000-acre national monument
in Utahs San Rafael Swell, a canyon-carved uplift of the Colorado
Plateau located 140 miles south of Salt Lake City.
Westerners of all political persuasions were left befuddled by Leavitts
request for the new monument, and for good reason: His request marks
the first time in living memory that a Republican governor of a western
state has asked for federal lands to be given such protective status.
Furthermore, if President Bush acts upon the request, it will be the
first time in 41 years that a Republican president has used the Antiquities
Act to create a new national monument (although President Ford did
use the act to add 30 underwater acres to the Buck Island Reef National
Monument in the U.S. Virgin Islands in 1975).
Simply by floating the idea of monument designation, Leavitt and Bush
(who reportedly approves of the idea) have co-opted what has been
for a generation the pride and sole purview of the Democratic Party:
the use of the Antiquities Act to add acreage to the national park
system.
Of course, the Leavitt-Bush proposal for a San Rafael Swell monument
is no less politically motivated than the Escalante designation. With
control of both houses of Congress at stake in 2002, Democrats and
Republicans are gearing up for what will undoubtedly be a bitter election-year
fight.
Bush is hoping to soften his anti-environmental image to improve the
election prospects of those Republicans running in moderate or suburban
districts throughout the nation, and is no doubt hoping that a few
news reports along the lines of "Bush Creates New Monument in
Utah" will convince some voters that his environmental policy
isnt all bad. (Expect the designation to come in the fall.)
Yet the proposed San Rafael Swell national monument offers Bush a
greater opportunity than simply fooling voters who may care casually
about the environment into pulling the Republican lever. If done right,
the San Rafael Swell monument could mark the beginning of the end
of the détente that has existed for the past 20 years between
environmentalists and the Republican Party.
Environmentalists thus far have been understandably hesitant to praise
the San Rafael Swell monument proposal, and Governor Leavitt has given
them good reason to be. In his State of the State address, Leavitt
preceded his call for a new monument by declaring that the state of
Utah "will win" its effort to assert its road claims across
federal landsa sore spot for many environmentalists, who believe
such claims are asserted solely to prohibit wilderness designation
in Utah.
"They are our roads," Leavitt insisted in his address, "and
our rights." And, like most Republicans in 2002, Leavitt couldnt
float any idea without offering a jab at former President Clinton
(who signed the proclamation for the Grand Staircase-Escalante National
Monument at the Grand Canyon) by adding, "I can pretty safely
guarantee that if President Bush decides to make the monument declaration
in person, hell do it in Utah, not Arizona."
Ignoring his snide delivery, however, Leavitts proposal has
merit. Among western Republicans in particular and many Utahns in
general, the greatest sting of the Grand Staircase-Escalante National
Monument was not the monument itself (although many still argue that
it is too large), but the secretive nature in which the decision to
declare the monument was made.
The Clinton administration failed to consult with a single elected
official from the state of Utah prior to designating the Escalante
Monument; Leavitt himself, it was reported, first learned of the proposal
only days before it happened, by reading The Salt Lake Tribune.
The San Rafael National Monument, Leavitt has taken to boasting, uses
the opposite approach a grassroots approach. The monument proposal
is the result of seven years of work by the Emery County Public Lands
Council, a citizens advisory board appointed by the commissioners
of Emery County, in which the proposed monument is located.
This local lineage fits nicely with the Bush administrations
stated position that local input is a critical component in making
judicious federal land use decisions.
Ironically, local conservationists are already complaining they werent
included in a Jan. 26 discussion about the proposal. And suspicion
is mounting that the Bush administration, which will begin a 90-day
public scoping period once a formal request from Leavitt is received,
will continue to lock out environmentalists.
Given the Bush administrations record of closing the door on
anyone green when making policy decisions (think of the White House
Energy Plan), the fear is not unfounded.
Such a closed door in the San Rafael case would be a lost opportunity
to rebuild a relationship between the Republican Party and its once-native
constituency, conservationists.
If Bush is interested in substance and not just image, he should rely
on public hearings and input from all sides. Not only would such a
process make the monument proposal better, but it might serve to revitalize
public opinion of how his administration makes deliberations, an opinion
that has been tarnished not just by the Enron scandal, but by his
"privatize no matter what" appointments to his committee
on Social Security.
Indeed, if Bush hopes to lure at least some conservationists back
into the Republican Party, then the devil, as they say, is in the
details. A flawed designation process one that leaves out critical
interest groups, such as environmentalists may dupe the casual
observer, but it will do little to ease the distrust that exists between
environmentalists and Republicans in these western United States.
President Bush should instead seize the rare opportunity that lies
before him. While hell never win over the hard-core conservationist
vote, Bush now has the opportunity to demonstrate that Republican
complaints about past monument designations can lead to creative solutions.
He has the opportunity to demonstrate, for the first time in years,
that the Republican Party is willing to pay more than mere lip service
to land protection. If he is able to offer a true and viable alternative
to the top-down Clintonian approach to preservation, then he may find,
for the first time in a generation, that some conservationists may
at least be willing to consider a vote, if not quite for him, then
for his party.
To do so, however, Bush must understand what has been the Achilles
Heel of his administration; he must learn and demonstrate that how
you do something in politics is often just as important as what you
do.
Now that would be a monument worth creating.
Mathew Barrett Gross is the editor
of the forthcoming Glen Canyon Reader (University of Arizona Press).
His writing has appeared in High Country News, Writers on the Range,
Canyon Country Zephyr, and the Sunday Denver Post. He writes from
Moab, UT.
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New
Utah monument may protect little
By
Greg Lakes, editor
Headwaters News
Feb. 13, 2002
While Utah Gov. Mike Leavitt's proposal to create
a 620,000-acre national monument in the San Rafael Swell caught
many by surprise, it wasn't much of a deviation from the proven
Republican agenda.
Most of the resulting commentary and coverage doted on the apparent
reversal
of Leavitt's opinion about using the Antiquities Act to protect
public land.
In addition to Leavitt, most of Utah's congressional delegation,
local county commissioners and a bevy of those who had screamed
loudest about President Clinton's creation of the Grand Staircase-Escalante
National Monument backed the San Rafael proposal.
Conservationists tried to leverage the irony, but Leavitt and company
argued that the difference was that the San Rafael plan had the
full knowledge and backing of local residents and officials, and
didn't arrive as a done deal from far-off D.C.
The Bush administration expressed
its tentative approval of the San Rafael plan, and Interior
Secretary Gale Norton said she was impressed with the local support.
Only Utah's U.S. Rep Chris Cannon objected
to Leavitt's plan, saying use of the Antiquities Act to create
big national monuments was illegal under Clinton and remains just
as illegal under Bush.
Soon after the Grand Staircase controversy, Cannon had introduced
an unsuccessful attemp to limit use of the Antiquities Act to sites
smaller than 5,000 acres.
Leavitt's proposal capped years of debate over protection for the
rugged canyons, prehistoric settlements and Indian artifacts of
the southeastern Utah region. But it is less than half the area
that Cannon proposed as a national conservation area in 2000, a
measure conservationists helped defeat because they feared it
would lead to greater damage from off-road vehicles.
But Leavitt's plan doesn't say how strict the new protections will
be, whether they will include limits on ORVs, or whether a monument
designation would preclude mining -- all of which is to be decided
in a management plan to be written by BLM officials.
Leavitt, Sen. Orrin Hatch and the commissioners of Emery County
have seemingly painted a patina of conservation over the Swell,
while yielding little.
Meanwhile, President Bush's new budget includes $14 million to finish
37 management studies in new national monuments and other areas
and to start a dozen more. The plans will spell out restrictions
and protections for BLM land and are
prerequisites to any energy development.
The budget also includes more than $2.5 million in extra spending
to speed applications for oil and gas permits on BLM land in Montana,
Wyoming, New Mexico, Utah and Colorado, and to streamline approval
for coal leases and rights of way for pipelines and power lines
throughout the West.
Norton has lately repeated statements that the Interior Department
is reviewing all public land outside of national parks for its potential
to add to the nation's energy reserves.
Some observers say that despite the Bush push for
energy, the administration lacks an overall vision of public land
management. They say administration officials, trying to reverse
Clinton-era initiatives without raising a public backlash, have
hit on the tactic of losing in court by not trying.
Those critics say the administration is letting industry and multiple-use
advocates sue, then mounting little defense. They point to the Justice
Department's feeble defense of Yellowstone National Park's ban on
snowmobiles, and its failure to appeal a judge's order blocking
Clinton's roadless initiative.
Now, the Forest Service is looking for ways to streamline the National
Environmental Policy Act and the Endangered Species Act to promote
more energy development, and the Interior Department is spending
$100 million to help landowners meet environmental requirements.
Some
conservationists said if the administration's smart, it will
put collaboration ahead of development, and avoid appearing as if
it's forcing policy on the public, another frequent accusation levied
at the Clinton administration.
They might have hit upon the right formula in Utah.
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