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The Western Charter Project examines Western values and regional policy issues, and sponsors portions of Headwaters News


Past Perspectives:

Jan. 23:
Economist Tom Power and the West's Post-Cowboy Economy

Jan. 30:
Forest Service learned little from 30 years of controversy on Montana forest.

Feb. 6
Idaho's newest judge illustrates the rising influence of Hispanics.


     
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This week: Feb. 13, 2002
Monumental effort
 
Cynicism aside, Utah Gov. Mike Leavitt has handed President Bush a premium oppportunity to bring conservationists back to the GOP

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 Utah’s 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 Clinton’s plans.

Perhaps worst of all, in Republican eyes, was the suspicion that Clinton’s 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 Clinton’s 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 Leavitt’s State of the State address last month. Abandoning his one-time diatribe against the Antiquities Act, Leavitt instead called on President Bush—who only a year ago came into office uttering vague promises to undo as many of the 19 national monuments created by President Clinton as possible—to use his presidential authority to create a 620,000-acre national monument in Utah’s 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 Leavitt’s 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 isn’t 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 lands—a 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 couldn’t 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, he’ll do it in Utah, not Arizona."

Ignoring his snide delivery, however, Leavitt’s 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 administration’s stated position that local input is a critical component in making judicious federal land use decisions.

Ironically, local conservationists are already complaining they weren’t 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 administration’s 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 he’ll 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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Headwaters News is a project of the Center for the Rocky Mountain West at the University of Montana.