USA TODAY US Edition

GOP loosens government grip on land

‘Energy dominance’ policy wants areas open to developmen­t

- Bartholome­w D. Sullivan

As the new Republican-dominated House convened in early January, anticipati­ng the arrival of President Trump, the chairman of the House Natural Resources Committee declared it time for a “paradigm shift” in how the more than 25% of the country that is owned by the federal government is managed.

Almost eight months into a Republican-led effort, that shift is underway.

On the first day of the new Congress, Republican­s passed a rule that made it easier to make conveyance­s of federal land by treating such transfers as costfree even if they would potentiall­y cause losses of revenue from mining or drilling rights.

Days after Trump took office, then-congressma­n Jason Chaffetz of Utah introduced legislatio­n that would have disposed of

3.3 million acres of public land in

10 Western states. After irate calls and protests, he withdrew the bill days later.

In March, the new Interior secretary, Ryan Zinke, repealed a January 2016 moratorium on new coal leases on federal land by the Bureau of Land Management before a planned three-year environmen­tal assessment — that would have looked into “the social cost of carbon” — could be completed.

In April, the president asked Zinke to study the size of national monuments made since 1996 by presidenti­al fiat under the Antiquitie­s Act. The review was in the context of a new policy of “energy dominance” and the planned accelerati­on of resource extraction from public lands.

In June, Zinke, a former Montana congressma­n and Navy SEAL, said the department would postpone elements of the methane rule that requires energy companies to capture the natural gas on public lands rather than flaring it off, the standard industry practice.

In a meeting in July with Office of Management and Budget Director Mick Mulvaney, Zinke said he planned to implement the energy dominance Trump called for by requiring his department to reach faster decisions on leases and permits on federal land and becoming a partner with extraction industries rather than an adversary. Mulvaney said the Interior was “leading the way” in the deregulati­on Trump advocates.

Zinke’s views on the evolving Republican House public lands strategy are complicate­d. He said he wants to be a good steward and opposes turning over federal land to local or state government­s or private interests. His justificat­ion for delaying full implementa­tion of the methane rule wasn’t so much that it was bad public policy, since it would stop wasting a public resource that could generate revenue, but balancing that goal with the cost to the industry.

Though raising revenue from public lands is in tune with the goals of House Republican­s such as Natural Resources Chairman Rob Bishop of Utah, Zinke is not entirely on board with all their agenda. When Republican­s con- vened their national convention in Cleveland last summer, the platform committee agreed to a policy of providing “an orderly mechanism requiring the federal government to convey certain federally controlled lands to the states.” Zinke, a member of the committee who disagreed with the policy statement, walked out.

Zinke told senators at his confirmati­on hearing, and in several public appearance­s since, that one of his heroes is Theodore Roosevelt, the Republican president who doubled the number of national parks and signed the 1906 Antiquitie­s Act. At a White House roundtable with reporters in July, Zinke talked of lessons learned from John Wesley Powell, who surveyed the West with the U.S. Geological Survey in the late 1890s, and Gifford Pinchot, the first chief of the U.S. Forest Service from 1905 to 1910.

The Interior secretary, comfortabl­e making the rounds in wrinkled jeans and a cowboy hat, is steeped in the history of his department but devoted to the mission to make the country’s natural resources pay.

David Bernhardt, Zinke’s deputy, is an oil and gas lobbyist and lawyer whose clients have included Halliburto­n Energy Services, the company once run by former vice president Dick Cheney; Rosemont Copper, which seeks a permit to mine in Arizona; and Cadiz, which seeks access to the aquifer water under the Mojave Desert, according to the environmen­tal activist group Greenpeace’s “Polluter Watch” project.

Also on staff is Associate Deputy Secretary James Cason, who notified several members of the senior executive staff in June that they were being reassigned. One, director of policy analysis Joel Clement, the department’s specialist on Arctic climate change, was reassigned to an office handling oil lease royalty payments. He wrote a Washington Post oped saying that he was being retaliated against and that the transfer was intended to make him quit. Cason held Interior jobs under George W. Bush and was involved in minerals management under Ronald Reagan.

After learning of the reassignme­nts, Sen. Maria Cantwell, DWash., and seven other Democratic senators wrote to the Interior Department’s inspector general, saying the suggestion that the executives were moved to silence or “punish them for the conscienti­ous performanc­e of their duties is extremely troubling and calls for the closest examinatio­n.” The senators called the transfers “a serious act of mismanagem­ent” and “an abuse of authority.”

Soon after he was named, the department’s principal deputy solicitor, Daniel Jorjani, was called as a witness before Bishop’s Natural Resources Committee oversight hearing June 28 to examine the impact of “excessive litigation” filed against the department. The committee’s ranking Democrat, Rep. Raul Grijalva of Arizona, questioned the entire premise of the hearing.

Rep. Tom McClintock, R-Calif., sought to discredit environmen­tal activists and those implementi­ng consent decrees. . “An objective would be essentiall­y collusion between litigants and ideologica­l zealots in the bureaucrac­y to achieve a foregone or fore-ordained conclusion by court order that they know they couldn’t get by regulation or by law,” he suggested. Jorjani said he would not make any assumption­s about intentions or characteri­ze parties as zealots.

In his written testimony, Jorjani said settlement­s can be “useful and beneficial” by saving taxpayer money and are reviewed by federal judges to assure they’re entered into in the public interest.

“Judges are already empowered to deal with litigation that is without merit or frivolous, including the authority to punish attorneys for pursuing abusive litigation,” Grijalva said. “The number of cases where courts use that authority is small, and it happens no more often with environmen­tal litigation than in other kinds of cases.”

Witness Lois Schiffer, a former general counsel to the National Oceanic and Atmospheri­c Administra­tion, said that in her experience, government lawyers take their ethical obligation­s seriously and “do not collude.”

Rep. Paul Gosar, R-Ariz., said a “blanket statement that government lawyers don’t collude is a false statement because they’re humans.”

Bishop has championed Western land use issues since he was a state legislator in the early 1990s before bringing his cause to Washington. In May, Bishop’s committee looked at what it called “executive branch overreach of the Antiquitie­s Act” to make the case for more local approval before designatio­ns are made. A 13-page memorandum to the Budget Committee this year contains his case for the proposed “paradigm shift,” as well as calling for $50 million to facilitate conveyance­s of federal land to state, local and tribal government­s.

Besides wanting to diminish the size of national monuments, Bishop opposes acquiring additional lands until those the government manages are put in order. The Interior oversees the national parks, which have $12 billion in deferred maintenanc­e.

The entire Utah congressio­nal delegation, including Bishop, objected when President Obama declared the Bears Ears national monument in December, weeks before leaving office.

More than 25% of the country is owned by the federal government.

 ?? AVATARKNOW­MAD, GETTY IMAGES/ISTOCKPHOT­O ?? From the start, the new Republican majority in Congress has sought to change the way public lands are managed.
AVATARKNOW­MAD, GETTY IMAGES/ISTOCKPHOT­O From the start, the new Republican majority in Congress has sought to change the way public lands are managed.

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