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Western Lands

Update Western Lands Project


Seattle, Washington
Spring 2008 Research, Outreach, and Advocacy to Keep Public Lands Public Vol. 12, No. 1

Arizona congressman indicted in connection with land deals

R
epresentative Rick Renzi, (R-AZ) has brought Renzi then offered support, with the same condition,
media attention to Congressional land trades for another land trade proposal. Preserve Petrified
in the last several months—exposing his own Forest Land Investors LLC, which includes former
shady approach to our public lands and at least Interior Secretary and Arizona Governor Bruce Bab-
temporarily undermining a major land swap bitt, was putting together a land trade that would
proposal in his state. bring 15,000 acres it had optioned within the Petri-
fied Forest National Park into public ownership.
Renzi represents the vast 1st District of Arizona and
(Some readers may recall that Babbitt greatly honed
was until last year a member of the House Natural
his land-dealing skills when he was running Interior).
Resources Committee, which oversees public lands.
The group had already identified the public land
In a 35-count indictment handed down in February,
it wanted to acquire. Renzi told them he’d support
federal prosecutors allege Renzi promised support
legislation for the deal, but only if they bought the
for land deals in exchange for a favor to his business
Sandlin property and added it to what they would be
partner. He and partner James Sandlin had owned
trading to the public. While apparently suspicious
property together and Sandlin was buying out Renzi’s
when Renzi demanded outright purchase rather than
share. To help his friend and himself, Renzi tried to
optioning, the group purchased the Sandlin tract for
compel two different groups planning land swaps to
$4.6 million. More than $700,000 of that allegedly
make Sandlin’s property part of their trade proposals.
went to Renzi, laundered through a family business.
One was Resolution Copper, which has been attempt-
Renzi came under grand jury investigation in early
ing to get a land exchange bill through Congress
2007 and at that time resigned from his Natural
since 2005. The company wants to exploit what is
Resources Committee post. He was indicted two
believed to be “one of the largest deposits of copper
months ago, refused to resign, but has said he will not
ore ever discovered in North America,” but it lies
run again.
beneath Oak Flats, Tonto National Forest land spe-
cially protected by a 50-year-old Executive Order. Res- Meanwhile, the Resolution Copper deal, already con-
olution has bought several pieces of private land to troversial (and an awful proposal) has taken on some
trade to the public in exchange for Oak Flats. Renzi of the taint of Renzi’s maneuverings and has stalled
apparently told the mining company that he would in the current Congress. And the Petrified investor
not push its land swap unless the company purchased gang now holds a 480-acre alfalfa field that used to
Sandlin’s property for $4 million. The company’s belong to Sandlin and Renzi. Few bad land deals ever
executives, eventually aware of the Renzi-Sandlin rela- really go away, so it is probable that the Resolution
tionship, did not comply because they felt “uncom- land swap will be resuscitated. Nor would it be all that
fortable.” surprising if someone in Congress decided to intro-
duce legislation that would bring that alfalfa field into
public ownership and make Bruce Babbitt “whole.”
You just never know.
Land swap proposed in Alaska’s
God bless Yukon Flats NWR

I
America. n late January the US Fish & Wildlife
Service released the Draft Environmental
after oil and gas development, including a
spur pipeline across the refuge–we would
Let’s save Impact Statement for the Yukon Flats realize a net gain in protected wildlife
Land Exchange. In 2004, the agency habitat. Currently, both the federal and
some of it. and Doyon, a native regional corporation, the Doyon lands within the refuge are
reached an initial agreement to exchange undeveloped and provide habitat for ducks
—Ed Abbey, 110,000 acres within the Yukon Flats (the highest density of breeding ducks in
National Wildlife Refuge, plus subsurface Alaska), other migratory birds, salmon, and
1927-1989 rights to another 95,000 acres within the other fish and wildlife. The Doyon lands
refuge, for about 150,000 acres of Doyon offered for trade do not face impending
land within the Refuge boundary. Doyon development, so the project could in fact
seeks the trade in order to drill for oil and reduce protected habitat—to say nothing of
gas on lands it already owns in the refuge the litany of other environmental problems
and the lands and subsurface it would resulting from oil and gas drilling in the
acquire via this trade. Arctic.
It is not clear how USFWS believes the The next 30-day public comment period
public would benefit. Although we would will open after USFWS publishes the Final
gain more surface ownership within the EIS, sometime this summer.
Refuge, the EIS does not state whether –

Your land—
Beaverhead-Deerlodge
National Forest,
Montana

Western Lands Update 2 Spring 2008


Colorado exchange halted by court

I
n May of last year the Federal District
Court of Colorado ruled that the Forest
Service could not proceed with the Rio Rio Grande would have a significant impact
Oxbow land exchange, a proposed trade on the public’s enjoyment of the river, and
of almost 470 acres of land on the Rio that residential development resulting from
Grande National Forest. The Forest Service the trade would significantly impact the
and an intervenor initially appealed that scenic value of the Silver Thread Scenic
decision, but withdrew their appeals in Byway.
March of this year.
The court was most troubled that the
The district court held that the Forest Ser- Forest Service had apparently predeter-
vice violated NEPA in issuing a finding that mined its finding of no significant impact
the loss of several of the federal parcels in and decision to approve the exchange.
the trade would not have a significant envi- The administrative record showed that an
ronmental impact. The court ruled that agency official wanted to avoid compiling
the agency understated or ignored impacts a full environmental impact statement and
to an extremely rare geologic formation thus understated the scenic impacts of the
found on one of the federal parcels. The project. Emails revealed that the agency
agency had noted in its analysis that the pri- rushed the analysis and decision in order to
vate proponent was offering to give profes- complete the exchange before the apprais-
sional geologists limited access to the area als expired. The Forest Service says it is
(called the Creede Formation), under cer- not currently planning to revive the proj-
tain conditions. The court also determined ect with the improved analysis that would
that trading another parcel with the only require.
public frontage on a 10-mile stretch of the

Your land—
Muddy River near Logandale, NV

Please visit our website,


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Western Lands Update 3 Spring 2008


Quickies
O
ur monitoring work has extended to
land sales proposed by the Forest Ser-
Western Lands Project is seeking
vice under the Facility Realignment board members
Consider and Enhancement Act (PL 109-54),
which gives the agency new, limited author-
Western Lands Project is growing! We are
seeking two or three new board members.
this…It’s ity to put buildings and land up for sale Major requirements are a commitment
to generate funding for maintenance and
easier than development of other facilities. Most sales
to preserve and protect our treasured
public lands, and skills like networking,
ever to give we have reviewed haven’t caused alarm, but
there is room for error: one proposal in
fundraising, or governance. It will be an
extra bonus if members live in the Puget
to Western the Gifford Pinchot National Forest would Sound area. If interested, please contact
relinquish for development a parcel along a
Lands Proj- stream that provides critical salmon spawn-
Development Manager Sharon Angle at
206.325.3503 or angle@westernlands.org.
ect online, ing habitat. The Act is likely to come up for
reauthorization, and Western Lands is sub-
If you know of someone who might be
interested, please pass this message along.
whether mitting information to Congress regarding The time commitment is not onerous—
pitfalls in the program. we promise! This is a great opportunity to
monthly or in

T
he Los Angeles Times published a guest make a difference.
several incre- column by Western Lands board
member Erica Rosenberg on the
ments. Most increasingly-popular “collaborative” Thank you, Dinah Bear
banks are now agreements conservationists are entering
into with opposing interests. These “agree-
We want to note the departure from the
Council on Environmental Quality of
equipped to set ments to agree” on how particular public Dinah Bear, who was General Counsel at
lands or national forests will be managed CEQ for many years and has moved on to
it up easily. may exclude the public, increase extraction work on, as she puts it, “sane immigration
and development, and waive environmental policy” in the non-profit world.
laws. See “Environmentalists out on a limb”
on the In the Media page of our website. The CEQ was created to oversee imple-
While there, check out articles from Portfo- mentation of the National Environmental
lio, The Hill, and other publications. Policy Act (NEPA), one of the most impor-
tant environmental statutes we have, and
one that we depend on mightily to evalu-
ate and sometimes challenge federal land
In my opinion, the proper course exchanges and sales. Dinah started at CEQ
during the Reagan Administration and
to take with regard to [the public we first encountered her early on in our
domain] is to divide it up among work—finding her to be one of a small
the big corporations and the handful of government officials who under-
stood the impact land trades were having
people who know how to make on our public land. Dinah has always been
money out of it... a passionate defender of NEPA, and NEPA
needed her: the statute has been under
--Richard A. Ballinger, Secretary attack almost since its inception and is a
of the Interior 1909-1911 favorite target of anti-environmental ideo-
logues. Despite a phenomenal workload,
Dinah always had time to listen and to help.
We wish her fulfillment in her new work.

Western Lands Update 4 Spring 2008


Many thanks to our wonderful members & supporters!
Victor Anderson, Sharon Angle, Marlin sam, Deborah Lans, David Leibforth, Craig
Ard, Dave Atcheson, Lynne Bama, David Lorch, Susan Lynn, Jack MacDonald, Victor
Beebe, Janine Blaeloch, Joann Blalock, Magistrale, Mike Maloney, Louise Mariana,
Stephan Block, Vernon Brechin, Barton Marion Marsh, Joan McClelland, Caro-
Brown, Robert Buselmeier, Robert Castle- lyn McConnell, Laurene McLane, Leslie
berry, Craig Dible, David Doty, Mark McLean, Dorothy Musil, Ralph Nader,
Drake, Linda Driskill, Marianne Dugan, George Patrick Nease, Andrew Nelson,
Paul Eaton, Bill Eifrig, Josiah Erickson Mary O’Brien, Colleen O’Sullivan, Debra
Alan Erwin, Garth Ferber, Deborah Fil- Patla, Sandra Perkins, Everett Peterson,
ipelli, Dot Fisher-Smith, Katie Fite, Linda Theresa Potts, Hank Rate, William Rod-
Garrison,Thelma Gilmur,Tony Gioia, David gers, Beth Rogers, Erica Rosenberg, Lin
Gladstone, Charles Hancock, Ann Harvey, Rowland, Rebecca Rundquist, Susan Saul,
Rebecca Haseleu, R.J. Haskins, Joanne Gordon Schochet, Michael Shurgot, Rich-
Hedou, Wade Higgins, Randall Holmberg, ard Slagle, Don Steuter, Robert Stivers,
Dave Jacobs, Dave Kaiser and Kristin Tem- Richard Strickland, Peggy Titus, Stephen
perly, Steve Kelly, James Thaddeus King, Trimble, Jeanne Turgeon, Shirley Vaughn,
John King, Fayette Krause, Chris Krupp, Dale Volz, Jerry Williams, Kim Wolborsky
Jerome Krupp, Joseph Krupp, Jessica Lang-

Western Lands Project Thanks to the foundations


P.O. Box 95545
Seattle, WA 98145-2545
supporting our work!
phone 206.325.3503 Conservation and Research
fax 206.325.3515
www.westernlands.org
Foundation

Board of Directors Deer Creek Foundation


Rebecca Rundquist, President, Fund for Wild Nature
Portland, ME
Marianne Dugan, Eugene, OR Furthur Foundation
Sandy Lonsdale, Moab, UT
Erica Rosenberg, Phoenix, AZ Good Works Institute
Staff Hewlett Foundation
Janine Blaeloch, Director
blaeloch@westernlands.org Horizons Foundation
Christopher Krupp New-Land Foundation
Staff Attorney
krupp@westernlands.org Strong Foundation
Sharon Angle
Development Manager
angle@westernlands.org
Western Lands Update 5 Spring 2008
Western Lands Project PRSRT STD
US Postage
PO Box 95545 PAID
Seattle, WA 98145-2545 SEATTLE WA
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