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Show Castle Dale, Utah Tuesday February 6, 2002 6A Emery County Progress C OMMENTARY A Sami Kaffael Swell Maftoomial In Opposed to Monument I'mabig , fan of llie AntiquilicK Act. Realizing in 1906 tlial Congress was sometimes slow and imprecise w lien (loingcertain tilings. llie delegated a portion of their authority over public lands to the president. That pave the president the ability to protect objects of historic or scientific importance that were in some sort of imminent danger. Probably sounded reasonable then and it still does, at least to me. So. why am I opposed to the governor's proposed new' San Rafael National Monument? liecaiiseil goes fur beyond what Congress authorized a president to do in designating a national monument. The Antiquities Act was narrowly written both in terms of what a president can do and in terms of how it must be done. These limitations are particularly important because the ( '(institution gave Congress exclusive power over public lands. Without these specific limitations, the Antiquities Act would have Im'cii The cannot simply Congress delegate to the president all of its responsibility regarding public lands less it violate the "Delegation Doctrine. That is w by, although a fan of the Antiquities Act itself, I was outraged when president Clinton stood on the rim of the (irand Canyon and declared that .7 million acres of Utah was needed to protect various objects of scientific importance. Everyone, includingClintons staff, knew it wasn't true, that these objects were not really endangered. Later, it w as revealed that the whole thing was nothing more than a political stunt done in nil election year to curry political favor with voters in California, Arizona and Colorado. Political stunts in and of themselves arent necessarily outrageous or illegal. They happen all the time. Presidents aren't the only politicians that make announcements of grand public works projects at politically convenient times and locations. It's the Ameri1 can way. The reason this political stunt was so outrageous was that it was an obvious abuse of the letter and intent of the law. Made all the more outrageous to Utahns bmuise we have seen the manipulation of our pubic lands for political gain before, and we dont like it. The small communities and unique culture that exists in our rural areas are important to us. We must have management that strikes the proper balance Ijetween protection and conservation and access to and use of resources. Sticking to the letter and intent of public land management law is vital to a state that is over two thirds federal land. Without the strong adherence to laws and regulation, our lives and livelihoods suffer at the w hims of politicians too far removed from the unique circumstances and changing conditions of the lands they rule. This is exactly the problem . t' The Governors announcement of a proposal to consider the creation of a San Rafael Western Heritage National Monument has stirred reaction from every side of the public land management debate. This is to be expected. The San Rafael Swell is recognized all over the world, and proposals for its management have been swirling around for three decades. Unfortunately, discussions on the management of the Swell are usually filled with emotion and rhetoric. For example, two of the most outspoken critics of the oil und USA-Al- l. proposal are the Southern Utah Wilderness Alliance and the motorized access group SUWA claims that we are creating a county park. claims that we are closing the San Rafael to vehicular access. Neither is true, but the conflict embodied in the rhetoric of these and similar groups has been used by the national media to define this monument proposal. Therein lies the real problem. Wilderness groups have for decades been very, drastically reduce grazing and gas development. Wilderness advoeacy groups have announced their intent to end all logging, all grazing, all oil and gas development and any other human use of public lands. Developed recreation w ill not escape and of course those nasty off highway vehicles have got to go. This is why sticking to the letter and intent of public land law is so important to Utah. And that is why the Utah Shared Access Alliance has asked the governor to delay forwarding the request to the president. Significant and fundamental questions must be answered before the proposal moves forward. The Antiquities Act does not authorize a president to reserve land as a national monument simply for the sake of changing an existing land management plan, even if the local residents request that he do so. It only authorizes the withdrawal of land the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. While w'e acknowledge that there probably are some objects of historic and scientific interest that may justify monument designation in the Swell, no credible case can be made that more than (120, 000 acres is needl'd for the protection of these objects in the Sw'ell. The eyes of the world w ill be on Utah in the coming days. The governor must resist the temptation to forward this important matter to the president during his Olympic visit. The Antiquities Act, or any law for that matter, should not be abused for any reason no matter how noble the cause. The HUM has already begun a process to completely replace the management plan for the entire region. loot's not shortcut that legal and deliberative process. 1 am a big fan of the Antiquities Act, but I am even more committed to our elected officials abiding by both the spirit and the letter of the laws they are elected to make and execute. What Emery County and the people of Utah need is a strong voice in how public lands are managed. This proposal is not the way to accomplish that goal. Lets do it the right way! - Brian Hawthorne Utah Shared Access Alliance t Jt. . A t i iu. t - A , liifvC - r ' - Favor of Monument that the elected leaders of Emery County face today. The constant throat of excessive w ilderness designation, restrictive management policies and abuse's of agenda driven bureaucrats are threatening the character of their communities. Their culture, no less unique or valuable as any other, is at risk, in desperation, they have asked for a monument designation. I sympathize with Emery County and rural communities all over the West. The threat is real. In Utah, the RDM is in the process of nearly doubling the amount of Wilderness Study Areas and is under pressure to f. r O Ulemiaamraem) V - four-wheel- er USA-AL- L successful in convincing Congress and the national media people that our public lands are in great danger from developers, miners, ranchers, and Photo courtesy of Emery County GIS LETTER TO THE READERS A Forum for Debate In the coming weeks Emery County will find itself in the peculiar position of drawing state and national attention as the San Rafael Swell National Monument proposal continues to be debated. During that time the staff of the Emery County Progress will do its best to provide you with current information on the status of the proposal and what the future of a monument designation might mean to the people of the county. During the coming weeks the Emery County Progress will also try to provide a public forum for debate and comments on the proposal. If you wish to provide a letter to the editor for possible publication in the paper, you may mail it to the Emery County Progress at P.O. Box 589, Castle Dale, UT., 84513, by email at editorecprogress.com, or bring it by the office at 190 East Main, Castle Dale. The editorial staff understands that opinions on the monument proposal are strong. While the newspaper can and should be a forum for public debate, it will not be a forum for personal attack on either side of that debate. Letters outlining an individuals argument for or against the proposal will be considered for publication. Letters personally attacking an individual will not. - James L. Davis . Editor Governors Comments Editors Note: The following is an excerpt from Governor Mike Leavitts State of the State address on the proposed San Rafael Swell national monument. For rural Utahns, land issues means livelihoods. And from livelihoods comes the connection to life quality, tourism, recreation and the g of our economic well-bein- entire state. In the next 1 ,000 days, we are going to end the struggle for control and access to Utah roads that cross federal lands. Thousands of hours are being spent by citizens to map and document our rights of way. In the end we will win. They are our roads and our rights. There are other triumphs ahead. In just a few days, 3.5, 30-ye- ar billion Olympic viewers will see the full panorama of Utahs incredible landscapes. And its time for one place in particular to stand out. Im speaking, of course, of the historic San Rafael Swell. These 620,000 acres of canyons, pinnacles, and rock formations were placed in our backyard by generous providence, and w e will now show ourselves worthy of that gift. I'm proud to announce that local and state officials will formally request that the President of the United States use his executive powers to create the San Rafael National Monument. We will release details of the proposal tomorrow. But I can tell you this now. Unlike the scenario involving the Grand Staircase National Monument in September 1996, this is no stealth proposal. While both regions contain spectacular land deserving of protection, the Grand Staircase was created by a different president who developed his executive order in complete secrecy with no notice and no collaboration. By contrast, the San Rafael proposal is the product of seven years of intense negotiations involving many stakeholders. We will ask President Bush to allow sufficient notice and additional discussion before acting. And you want my guess? The president is going to like this. We are protectors of the land, but respecters of process. Members of the Emery County Commission and Public Land Council are with us tonight to formalize this request. Please stand. I salute your boldness. One other thing. I can pretty safely guarantee that if President Bush decides to make the monument declaration in person, hell do it in Utah, not Arizona. four-w'heele- and that the only hope is to establish wilderness everywhere possible. This is now accepted as fact by many people, especially those east of the Mississippi. In reality, public lands are already protected by many levels of laws and regulations. Also, wilderness is not a solution to all management problems, nor was it ever intended to be. In fact, it often creates more problems than it solves, especially when it is proposed for lands which have had long-standin- g, traditional uses. In an effort to bring this . I : ' facts. U In the meantime, we should remember that there is a lot of ; interest in the San Rafael, and ! ; many ideas about how it should be managed. Monument; or no monument, citizens of ; Emery County must decide if : we would rather take a proactive stance and have some say in the future of the San Rafael, or if we should accept the status quo and wait ! to see what happens. The Emery County Public ; Lands Council has taken a ; . proactive approach to land . 1 ed national discussion home to the people who know and understand the land best, the Emery County Public Lands Council has conducted a long and productive collaborative process. Nearly all stakeholders have been at the table at some point over the years, and their perspectives have been considered with respect. From that effort evolved national conservation area legislation which twice was sent to congress. States such as Colorado copied our legislation and created national conservation areas based on the principles derived from Emery Countys efforts. Yet, our legislative efforts were defeated by heavy lobbying from environmental groups, who opposed them for the very reason that we liked them: They demonstrated that local people can determine their own destiny and are very capable of caring for the lands they love. Not wanting to let so much good work go to waste, the public lands council discussed other options under which the concepts and goals developed from our many years of collaboration could be put to use. One idea that came from those deliberations was that of a national monument, based on principles that are important to Emery County citizens. Some of these principles are: The history and human heritage of the Swell are significant and interesting as are its scenic vistas. The personality of the San Rafael is defined by the people who have interacted with it over the years through ranching, grazing, and other historical ? uses. Valid existing rights must be recognized. Abuses of the land must stop, but appropriate and traditional uses must continue. Finally, there must be continued and appropriate access on recognized, existing roads and trails. It is from these basic ideals that a national monument proposal was born. It is the public lands councils intent that the final proposal reflect the model that came from our longyears of discussions. The problem we face is, once again, one of perception. Already we have been accused of being ahead of the game;" that the monument is a done deal and there will be no chance for public input. This is simply not true. We have proposed a course of action which could lead to a monument proposal being forwarded to the president for consideration. We are comfortable in doing so at this time only because key decision makers greatly value local initiative and local participation. We have asked for a three to four month process to evaluate and take public input. The Emery County Public Lands Council and the Department of Interior will each conduct meetings to gather facts and take ideas. We do not know all of the details of this process or when it will ; start, but we know it will be done. At the end of this process, the county commission will evaluate the outcome and make final decisions. Our hope is that the people of Emery County will get involved as opportunities present themselves, learn as much as possible about this proposal and monuments in general, and withhold judgement until they have all the ; . management issues, as evidenced by our past national conservation area proposals. We are now proposing a process that will consider whether a monument is the best way to manage the San ' Rafael Swell. Preserving the natural history and human ; heritage of the San Rafael are ; the hub of the proposal, and ; such traditional uses as ; '; ranching, grazing, four- wheeling, and camping are important spokes of the wheel. We envision a monument that is a living museum. Maintain- ; ing appropriate access to ; these beautiful, historical ; areas is essential to the success of this proposal. We believe that our collabo-- . rative process offers hope that man and nature can interact in ! a responsible, respectful ! not it is and that manner, to to out lock necessary people protect landOur intent is to eliminate abu se, not use, of the : Swell Indeed, we believe that ; ; any proposal that does not consider the needs of the ; people who love to use our public lands is doomed to ; - . ! 1 . ; ! I " ! I failure. - Emery County, Public Lands Council' Letters to the editor should focus on public issues rather than private porsoncos or enttiss, All submissions must ba verified prior to publica- tion; The Emery County Progress reserves the right to edit letters not only to satisfy spaeo con-- . straints, but potential liability concerns. ; , : 1 ' ; . j |