Tags Archives: Politics » Bills & laws

Visit the global Politics » Bills & laws archives for posts from all DGR sites.

Bears Ears Alternative Moves Into House of Representatives as Opponents Cry Land Grab

bears_ears_sunset-tim_peterson

The Utah Public Lands Initiative Act, touted as an alternative to granting National Monument status to 1.9 million acres in Utah, does not include the two sacred peaks that give the region its name. Photo by Tim Peterson

A congressional bill touted as an alternative to the Bears Ears proposal, an intertribal request to designate nearly two million acres of land as a national monument in southeast Utah, is moving forward to the full House of Representatives.

The Utah Public Lands Initiative Act, H.R. 5780, sponsored by Rep. Rob Bishop (R-Utah) and co-sponsored by Rep. Jason Chaffetz (R-Utah) passed 21–13 in the Republican-majority House Natural Resources Committee on September 22.

Committee Democrats, including ranking member Arizona Rep. Raul Grijalva, expressed several concerns with the bill, saying it did not contain a tribal consultation component or protect half a million acres identified by the tribes in their larger Bears Ears designation request.

Grijalva offered an amendment that would remove the Bears Ears National Conservation and the Indian Creek Wilderness areas from the bill. The Public Land Initiative designates about 1.4 million acres of federal land for “conservation and recreation,” according to a media release from the bill’s sponsors, as well as “exchanges and consolidates certain federal and non-federal land; and provides for economic development within the State of Utah.” Opponents say the measure would open the land to natural-resources development and give a fair amount away to unspecified private interests.

Committee Republicans rejected a total of six amendments from Democrats, including one by California Rep. Raul Ruiz that would have protected land, water, roads or other resources within the Uintah and Ouray Ute Reservation. Calling H.R. 5780 “legislation that tramples over sovereignty and self-determination” and “a modern-day Indian land grab,” Ruiz said the Ute tribe was denied an opportunity to present their concerns to the committee in a formal hearing and that the bill was fast-tracked to avoid a hearing in the Indian, Insular and Alaska Native Affairs (IIANA) Subcommittee, where Ruiz is a ranking member.

“Without a hearing in the IIANA subcommittee we’re not able to fully discuss the true status of these lands within the Ute Indian Tribe’s reservation,” Ruiz said. “H.R. 5780 would be the first bill to take away these lands from these tribes. Attempting to justify taking away these lands based on misleading questions raised at the federal land subcommittee hearing last week is wrong and glazes over the disastrous impact on the tribe’s reservation and impact on federal Indian policy.”

Located in northeastern Utah, the Ute Indian Tribe of the Uintah and Ouray Reservation—made up of the Whiteriver, Uncompahgre and Uintah bands—is rich in oil and gas deposits. The Bureau of Land Management currently oversees land and minerals for sections of tribal land, but Ute officials, citing that the issue of ownership has been settled by past litigation, affirmed the BLM-managed land lies within its boundaries and say the land should have been placed under trust through the Indian Reorganization Act. The tribe opposes the bill, stating it “proposes to take Indian lands and resources to fix Utah’s problems.”

Democrats during the hearing continually referred to opposition from area tribes, including the bill’s exclusion of 500,000 acres of the Bears Ears region named after two 9,000-foot twin buttes, an area residents say is sacred and contains more than 100,000 archeological sites.

RELATED: Bears Ears 1.9 Million–Acre Monument Would Be Unique Tribal-Federal Collaboration

California Republican Tim McClintock said the movement to protect Bears Ears came from outside the Four Corners area, and several tribes in the area have supported the Public Lands Initiative (PLI), including a single elected Navajo official, Republican San Juan County Commissioner Rebecca Benally.

“The testimony that we received from the county commissioner called the claim of the Native American support for the Bears Ears monument campaign a sham,” McClintock said. “She says, ‘I’m here to help you unmask it.’ She did. I’m sorry she didn’t have more sway.”

Ruiz took issue with the characterization of Benally as a spokesperson for the entire Navajo Nation and reminded McClintock about tribal sovereignty.

“First of all, saying that one woman, this Navajo woman acting as a commissioner, using her as a token spokesperson for her tribal nation, that is wrong and not right,” Ruiz said. “The Navajo Nation under their president and their council opposes this land grab and are in solidarity with the Ute Nation. It’s their land; they can decide what to do with their land.”

The Navajo Tribe, Ute Mountain Ute Tribe, the Uintah and Ouray Ute Indian Tribe and the Hopi and Zuñi Pueblos support the monument proposal, and created the Bears Ears Inter-Tribal Coalition last year after failed attempts to work with Utah representatives.

RELATED: Bears Ears Coalition Splits From ‘Disrespectful’ Congressional Reps

The coalition formally asked President Obama to designate 1.9 million acres in the area as a national monument under the 1906 Antiquities Act, which gives the President signing power to create such monuments on federal lands.

RELATED: Tribes Ask President Obama to Designate Bears Ears as National Monument

During a press tour of the region in July, Interior Secretary Sally Jewell said the President plans to make a decision on the issue before the end of his term.

RELATED: Sally Jewell Visits Bears Ears, Says Obama Will Decide on National Monument Before Leaving Office

The issue has deeply divided the Four Corners community. The day before the House Natural Resources hearing a group of Utah Navajos during a news conference outside the U.S. Capitol opposed the monument, saying a monument designation would interfere with Bears Ears access and their traditional way of life. Six of seven Navajo communities in Utah have passed resolutions supporting a monument.

Standing with Utah lawmakers and Gov. Gary Herbert, Navajo resident Susie Philemon made a direct plea to the President, “Please do not take this land from us. Please don’t break more promises not again,” according to the Associated Press.

In a video posted on the day of the Natural Resources meeting, Rep. Bishop, who is committee chairman, said the Public Lands Initiative is a compromise after 1,200 meetings, 50 field trips, and public and private hearings.

“There has been no bill before Congress that has had this kind of transparency and this kind of scrutiny,” Bishop said. “And, in the end of it when we take it to the floor of the House, it will be a good bill that will solve the problems and provide stability moving forward into the future.”

Utah Lawmakers Scheme to Fund California Coal Terminal

By Center for Biological Diversity

SALT LAKE CITY­— Republican lawmakers in Utah are attempting an eleventh-hour maneuver that would use $53 million in state sales tax money to pay for a California coal-export terminal.

According to the Salt Lake Tribune, Senate Majority Whip Stuart Adams (R-Layton) has proposed using $53 million in sales-tax revenue targeted for highway improvements to fund a proposed coal terminal in Oakland. The scheme would ship millions of tons of coal from four Utah counties to be burned abroad, further deepening the climate crisis. Under legislative rules, Wednesday is the last day bills can be taken up in committee to be considered this session, which has eight scheduled days remaining.

The redevelopment of the waterfront in Oakland, California, is generating new controversy over a proposed coal export terminal. Image: "Port of Oakland 'Round Sunset" by Russel Mondy/CC BY-NC 2.0

The redevelopment of the waterfront in Oakland, California, is generating new controversy over a proposed coal export terminal. Image: “Port of Oakland ‘Round Sunset” by Russel Mondy/CC BY-NC 2.0

“This is clearly a cynical maneuver to sneak legislation into the waning days of the session,” said Wendy Park of the Center for Biological Diversity. “It makes no sense to use highway-improvement money from Utah to build a coal terminal in California. On top of that, Utah would be doubling down on coal, one of the dirtiest fossil fuels on the planet and one of the primary reasons our climate’s in serious trouble.”

“With China’s coal consumption falling, and coal exports down more than 20%, this bill is a risky bet,” said Ted Zukoski, an attorney at Earthjustice.  “Apparently, one of the few places it’s legal to gamble in Utah is at the state legislature, where it’s OK to raid taxpayers’ wallets to wager on an industry in historic decline.”

Utah’s Permanent Community Impact Fund, designed to offset the effects of mining on rural communities, last year agreed to loan $53 million to four Utah coal-producing counties, which planned to invest the money in the coal terminal. The state agency asked state Attorney General Sean Reyes to review the deal’s legality. The results of the review have not been made public.

“The lack of transparency in the attorney general’s office on this review makes one wonder whether there is a legal reason that the Community Impact Board review has not been made available and could explain this last-minute attempt to shift the burden of this scheme to taxpayers,” Park said.

“It’s clear this bill is being pushed because there’s concern that the CIB loan is illegal,” said Zukoski. “The Attorney General should release his analysis now – before the bill is considered – so the public can know whether SB 246 is also vulnerable to challenge.”

In a letter to Reyes in November, environmental groups, including the Center, Sierra Club, Earthjustice and Grand Canyon Trust, argued that the $53 million loan violated federal and state laws.

The proposed coal terminal that is to be built on a former Army base in Oakland has been vigorously opposed by Mayor Libby Schaaf and many city officials, faith leaders, residents and environmental groups in the Bay Area who do not want to see trainloads of dusty coal pass through their neighborhoods. Several bills have been introduced in the California legislature to block funding for the $1.2 billion terminal project over concerns about effects of transporting coal locally and the burning of coal globally.

China announced last week that it is closing more than 1,000 coal mines due to a “price-sapping supply glut” and the government’s new determination to clean up dangerous air pollution across the country.

The Obama administration has also paused all new federal coal leasing until a comprehensive review of the federal coal-leasing program is completed. Some of the coal that would supply the Oakland terminal could come from the publicly owned coal from the Greens Hollow mine, but the president’s coal moratorium offers no guarantee that this coal will be mined, making the legislature’s gambit to bet state sales tax revenue on the coal-export terminal a very questionable move.

Mora County, NM passes ordinance banning all oil and gas extraction

Originally posted on Deep Green Resistance News Service:

By Community Environmental Legal Defense Fund

Earlier today, the County Commission of Mora County, located in Northeastern New Mexico, became the first county in the United States to pass an ordinance banning all oil and gas extraction.

Drafted with assistance from the Community Environmental Legal Defense Fund (CELDF), the Mora County Community Water Rights and Local Self-Government Ordinance establishes a local Bill of Rights – including a right to clean air and water, a right to a healthy environment, and the rights of nature – while prohibiting activities which would interfere with those rights, including oil drilling and hydraulic fracturing or “fracking,” for shale gas.

Communities across the country are facing drilling and fracking.  Fracking brings significant environmental impacts including the production of millions of gallons of toxic wastewater, which can affect drinking water and waterways.  Studies have also found that fracking is a major global warming contributor, and have…

View original 280 more words