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Western Lands Project: Ten Years Defending Public Lands
Western Lands Project: Ten Years Defending Public Lands
Update
Spring 2007 Research, Outreach, and Advocacy to Keep Public Lands Public
Western Lands Project
Seattle, Washington
Vol. 11, No. 1
T
local citizens; and keeping public land protection on
his month marks our tenth year as the first and the radar in the U.S. Congress.
only organization dedicated to monitoring the
But the essential work of Western Lands is keeping an
myriad attempts to privatize our shared public
eye on more than 80 national forests and 106 BLM
land. We started this organization, then the
offices in the West (not to mention a few notorious
Western Land Exchange Project, because it had
members of Congress). Our primary job is to make
to be done—but I doubt it would have occurred to
sure that wherever public land passes into private
our founding board members and me that we would
hands it happens in an open and lawful manner.
survive this long. Thanks to enlightened foundations
Where a land deal does not serve the public interest,
and donors, steadfast members, passionate public land
our job is to stop it, to change it, or—at the very least—
devotees, and a media that still recognizes a good scan-
name names and keep the public informed.
dal when it sees one, here we remain.
We have made tremendous progress in raising the Some highlights of our first decade
profile of federal land trades, sales, and giveaways; The Western Lands Project (originally the Western
compelling greater accountability within the two main Land Exchange Project) was founded after Janine led
land-dealing agencies, the Forest Service and Bureau a challenge against the Huckleberry Land Exchange
of Land Management (BLM); training and assisting between the Forest Service and Weyerhaeuser as a
member of Pilchuck Audubon Society. Founding board
members Rachael Paschal
Osborn, Bonnie Phillips, and
Martin Rand helped establish
the first organization dedicated
to monitoring land trades and
bringing reform to the process.
The Project became a 501(3)(c)
organization in April 1997.
From September 27 to Octo-
ber 2, 1998, the Seattle Times
published “Trading Away the
West” an investigative series on
federal land exchanges (still
viewable on the Times’ website)
that broke the issue into public
and media consciousness.
Citizens of every stripe will take action to save the public land they care about.
Photo: Colby Chester
In 1999, our involvement in a lawsuit over the George Miller (D-CA). We furnished the
Huckleberry Land Exchange brought about GAO with much of information needed to
a precedent-setting decision in the Ninth initiate the audit. GAO’s report was highly
Circuit Court of Appeals that has substantially critical of both Forest Service and BLM
affected Forest Service trades. Muckleshoot land exchanges and spurred important
The BLM is Indian Tribe v. U. S. Forest Service established reforms in the Forest Service’s land trade
beginning to important legal precedent by requiring Forest program.
post project Service and BLM offices to conduct better
In 2001, we published the “Citizens’ Guide
analysis and disclosure of the environmental
lists on its web impacts of federal land trades.
to Federal Land Exchanges,” offering step-
pages (blm. by-step advice on how to work to improve
That same year, the Interstate-90 Land or stop a land trade. As we’d hoped, many
gov), so at last Exchange between the Forest Service and people have used the book to negotiate
the public will Plum Creek Timber made front-page news the learning curve on land trades and take
have a reliable in Northwest newspapers. After the Western effective action.
Land Exchange Project had attempted to
way to keep stop the trade—passed through Congress
That year we joined the Center for Biologi-
track of land cal Diversity and the Grand Canyon Chap-
as a hidden “rider” on an appropriations
ter of the Sierra Club in a lawsuit against
trades, land bill—Plum Creek discovered a nest of
the BLM in Arizona for its decision to
the endangered marble murrelet on for-
sales, and any merly public land it had received in the
exchange land with the mining conglomer-
other projects ate ASARCO. The corporation sought the
exchange. As the company and agency
exchange in order to expand an open-pit
the agency is scrambled to re-work the
planning. The trade, the Project helped form
a coalition of environmen-
Forest Service tal groups and rural citizens
has made signif- against the project, and the
icant improve- exchange was greatly altered
to exclude several important
ments to its areas, including old-growth
long-standing forest.
“Schedule In 2000, we published “Com-
of Proposed mons or Commodity? The
Actions,” post- Dilemma of Federal Land
Exchanges,” co-written with
ing each For- historian George Draffan.
est’s project The 104-page report outlines
list at fs.fed.us the history of land trades, the
policies and laws that govern
every quarter. them, the flaws in the process,
and suggestions for reform.
Also that year, the General
Accounting Office (GAO)
released an audit report on
land trades requested by Rep.
O
ur tenth anniversary is an opportune values, and are often located in towns or
time to look at developments in the industrial zones.
statutes and case law controlling
In terms of court decisions, Muckleshoot
public land disposals. The case law
Indian Tribe v. Forest Service is obviously
has seen incremental improvements
noteworthy in our view— the Huckleberry
and reflects the increased scrutiny that land
trade at issue in that case was the catalyst
disposals have received since our founding.
for this organization’s creation— but it also
Although there haven’t been any changes
changed the way the agencies process land
to the Federal Land Policy and Manage-
exchanges. Prior to this decision, the agen-
ment Act (FLPMA), the primary statute
cies tended to analyze land trades as paper
governing land exchanges, two recently
transactions, rather than projects with on-
enacted laws have, unfortunately, made it
the-ground impacts. With Muckleshoot, the
easier for the Forest Service and BLM to
Check out Ninth Circuit recognized that exchanges
sell lands under their management.
can have negative as well as positive impacts
demarcated The Federal Land Transaction Facilitation — the court scolded the Forest Service for
landscapes. Act of 2000 (FLTFA) authorizes the Interior playing up the benefits of acquiring land
com, a new Department to keep the proceeds from while neglecting the impact of the clearcut-
land sales and the cash equalization pay- ting that would happen on National Forest
blog that fea- ments from land trades to purchase private land traded to Weyerhaeuser. The court
tures a wide in-holdings. The Forest Service Facility also determined that the National Envi-
range of news Realignment and Enhancement Act of 2005 ronmental Policy Act (NEPA) required
(FSFREA) authorizes the Forest Service to an analysis of the cumulative impacts of
on American sell or exchange administrative sites of 40 a future land trade in the area and con-
public lands acres or less and use the funds received to sideration of an alternative that included
maintain other Forest Service facilities. protective deed restrictions on the federal
Not surprisingly, there has been an influx parcels traded away. (The Ninth Circuit
of sale proposals from the BLM and later reinforced the requirement that agen-
the Forest Service since these laws were cies to analyze future land conveyances
enacted. By keeping land sale proceeds as cumulative impacts in Hall v. Norton.)
within Interior (rather than sending them Finally, the case reinforced that courts have
to the General Treasury), FLTFA increases the authority under certain conditions to
the BLM’s incentive to sell land. While void land trades even after deeds have been
earmarking proceeds for the acquisition of exchanged.
environmentally sensitive lands is a good Desert Citizens Against Pollution v. Bisson,
idea, we are concerned that some of the decided in 2000, concerned a BLM pro-
land sale proceeds will be wasted on dubi- posal to trade public land in southern
ous acquisitions. California that was to be used for a regional
The Forest Service has an enormous back- landfill. Desert Citizens was the first case
log of facilities in need of repair, but the in which plaintiffs successfully relied on
FSFREA is little more than a cosmetic fix to FLPMA’s equal-value provision to challenge
cover Congress’s longtime failure to appro- a land trade. Previously, activists had had
priate necessary maintenance funding. The no success challenging land trades on the
Act is also at odds with the rationale behind basis that federal lands had been underval-
FLPMA’s land exchange provisions. Excess ued or private lands overvalued. The courts
facilities are often the most appropriate had likened this to taxpayer suits in which
federal properties to exchange because general members of the public challenge
they have no wilderness or recreational the way their tax dollars are spent by the
Western Lands Update 6 Spring 2007
Onward!
Joanne Hedou, program Coordinator
T
government—these suits fail because the he year 2007 is a real landmark for
taxpayers’ injuries are insufficiently particu- the Western Lands Project. The stead-
lar to be heard by the courts. fast support we’ve received from our
members over the years has been criti-
Here, the Ninth Circuit recognized that
cal in allowing us to create a ground-
persons that use and benefit from a particu-
swell of awareness about how our public
lar parcel of public land are injured when
lands are too frequently manipulated for
more of that land is traded away than would
private gain. The support of individuals
have been necessary if the land had been
and foundations throughout the US has
appraised properly. The facts of the case
maintained the momentum of our mis-
illustrate why it was so important to get past
sion to respond to bad land deals—land
the “taxpayer suit” threshold: even though Gale Norton’s
exchanges, sales, disposals and, of course,
all indications were that the public land was tenure as Interior
“quid pro quo” agreements. The knowledge
slated for use as a regional landfill after it Secretary was nota-
base around public land transactions is
was traded, the land had been appraised as ble for corruption,
now integrated into the practice of many
open space, wildlife habitat or mine sup- scandal, falsified
environmental activists and politicians; and
port. The court noted that the difference science, whistle-
a cadre of people who support good public
between the two may have been as great as blower harassment,
lands policy has been formed. None of this
$350/acre for open space or mine support and unrelenting
could have happened without the involved,
versus $46,000 acre for a landfill site. exploitation of
informed individuals that have supported
Two cases concerning a proposed land the Western Lands Project. public land.
trade near Grand Canyon National Park, Her successor, ex-
Western Lands has accomplished a great
City of Williams v. Dombeck and Sierra Club v. Idaho Governor
deal, and the ten-year mark is an appropri-
Dombeck, have helped clarify when actions Dirk Kempthorne,
ate time to assess where we go from here.
subsequent to and dependent upon a is currently work-
Over the coming year we will be engaged in
land trade are “connected” actions whose ing on gutting the
planning to solidify the future of the West-
impacts must be analyzed concurrent with Endangered Species
ern Lands Project. We’ll keep you posted—
the trade’s more direct impacts. (In these Act. Cartoon used
and, as usual, you can stay abreast of our
cases, construction of a water pipeline). by permission.
work at westernlands.org.
Finally, in 2003, Western Land Exchange Proj-
ect v. BLM was significant for requiring the
BLM to comply with NEPA when selling
public land at auction, even though Con-
gress had required that the land be sold
within 18 months. Although the public law
requiring the sale made no specific men-
tion of NEPA, the court acknowledged the
overarching importance of the law in hold-
ing there was no reason that an 18-month
deadline made NEPA analysis impracticable
for the agency. The court also reinforced
the previous caselaw regarding connected
actions by holding that BLM was required
to analyze the impacts on the fragile Mojave
Desert ecosystem of developing a municipal
water supply for the auctioned land.
i0 years!
Keeping
public lands
in public
hands
…
westernlands.org
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Western Lands Project
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Phone 206.325-3503 Fax 206.325-3515
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