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A community advocacy newspaper for northern New Mexico Box 6 El Valle Route, Chamisal, NM 87521 |
Volume VII |
September/October 2002 |
Number IX |
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Picuris Pueblo Requests Hearing on Expansion of Mica Mine By Mark SchillerRio Arriba County Logging Ordinance Challenged by Governor Johnson Sandia Pueblo Buys 160-Acre Sandia Mountain Wilderness Inholding to Help Settle Land Claim
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Editorial: The Forest Service - Bureaucracy Out of Control By Mark Schiller New Mexican Land Grants Organize for Action on Their Land Claims By Kay Matthews Agua/Caballos Proposed Projects Record of Decision Appealed By Kay Matthews |
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Editorial: The Forest Service - Bureaucracy Out of ControlBy Mark SchillerDespite the many watchdog groups throughout the country that regularly expose Forest Service incompetence and demand accountability, that agency's dismal record of negligence continues. At the end of August an internal audit revealed the Forest Service "misplaced" 215 million dollars intended for wildfire management. This money, from the 2000 fiscal budget, should have been used two years ago to reduce the risk of catastrophic wildfire which this year has devastated 6 million acres, killed 20 firefighters, and cost the taxpayers 1.5 billion dollars. "How in the world does an agency lose hundreds of millions of dollars so desperately needed to help extinguish fires in the west?" asked Eric Lynch, a policy analyst for the group Taxpayers for Common Sense. The Forest Service hasn't been doing such a great job of late in northern New Mexico, either. Let me cite a few examples. Community foresters who were awarded grants under the National Fire Plan in 2002 to do hazardous fuels reduction were recently informed that there is currently no money available to underwrite these grants because it was all used to fight fires. I'd like to know how the Forest Service authorized itself to spend money, specifically designated by Congress for the Collaborative Forest Restoration Project to prevent catastrophic wildfires, on fire suppression. How can we ever hope to keep pace with the accumulation of hazardous fuels within our forests if this money is not used for the purpose for which it was designated? Ironcially, the Forest Service has repeatedly told the public (as an excuse for not addressing their concerns) that it cannot shuffle money from one program to another simply because there is a desperate need for that money in a program that has been underfunded. In July David M. Stewart, Forest Service regional director of rangeland management, claimed Santa Fe National Forest grazing allotments were ". . . the most horrible example of grazing administration I've experienced in 35 plus years with the Forest Service." This evaluation prompted acting forest supervisor Gilbert Zepeda to order all permittees to remove their cattle from allotments within the Santa Fe National Forest. Permittees claimed Stewart's assessment only reflected "what he could see in a fast one day trip from a truck window." They claimed that his evaluation "was very limited and definitely not representative of the allotments." They further claimed they were being unfairly scapegoated for years of Forest Service negligence and its lack of preparation for this year's drought. Guess what? On August 9 the New Mexico Range Improvement Task Force, a state funded team of experts associated with New Mexico State University, found that 17 of 25 allotments which were ordered vacated "still have enough forage to support cattle this year." The report also underwrote the permittees claim that an exploding elk population is doing more damage to grasslands and riparian areas than cattle grazing, a claim the Forest Service and their cronies in the Fish and Wildlife Service have long turned a deaf ear to. Most importantly, the task force found that the main impact to Forest Service grasslands is forest encroachment due to Forest Service failure to implement thinning and prescribed burning projects. Ranchers protest Santa Fe National Forest removal order And what about the mess the Forest Service has created at Sipapu Ski Area and Summer Resort? Back in the early 90s the Forest Service undertook an Environmental Impact Statement for an expansion that would have made the ski area five times as large and allowed twice as many skiers. That document, done at the taxpayer's expense, was appealed by a coalition of local residents, Picuris Pueblo, and environmental groups. The appeal claimed there was no legitimate "purpose and need" for the action and the assessments of potential impacts, social, cultural, and environmental, were inadequate. Acknowledging the legitimacy of several of the appeal points, the Forest Service withdrew the EIS and eventually the proposal was scrapped. In the light of that fiasco you'd think the Forest Service would be pretty careful about justifying any action it considered permitting at the ski area in the future. Guess again. Fast forward to the summer of 2000 when ski area owners submitted a vague, non site specific "summer work plan" to expand their operation. Without any environmental assessments or even a detailed work plan, the Forest Service gave the ski area permission to proceed with its plan. It wasn't until November of 2000 (after several areas had been clearcut and a new lift had been purchased) when a group of local citizens asked to see the assessments that would permit such work, that the Forest Service realized there were none and ordered the work to stop. The Forest Service was subsequently sued by the ski area (claiming irreparable economic harm based on the work they had already completed) and ordered by a federal judge to allow the work to proceed and assess the impacts after the fact. The whole idea of assessing impacts after they have occurred is completely antithetical to the intent of the National Environmental Policy Act (NEPA). But for some unknown reason the Forest Service failed to appeal this precedent setting decision. I find this particularly egregious in light of the fact that its legal division continues to take parciantes, whose acequias predate Forest Service management, to court for not obtaining special use permits in order to maintain their ditches and diversions which fall on or cross Forest Service land (see La Jicarita, July 2001). It seems obvious to me that if the Forest Service was liable for the labor and equipment the ski area had purchased, it should have compensated the ski area financially and proceeded with a normal NEPA assessment before they considered permitting any expansion of the facilities. Most recently we've found out via a Forest Service scoping letter to solicit public input about the effects of the illegal work at the ski area that the Forest Service wants to "modify the existing permit area boundary to incorporate the new improvements - approximately 30 acres." This is the Forest Service's euphemistic way of telling us that the ski area trespassed on 30 acres of public land outside its boundaries and just to tidy things up the Forest Service will simply modify the boundary to include the trespassed area. If you or I owned a piece of land adjacent to the National Forest and decided to cut down lots of trees and put up a ski lift next door, I bet the Forest Service wouldn't be quite so accommodating. And meanwhile, the aforementioned parciantes who have a legitimate preexisting right to operate on Forest Service land were, in at least two instances, prosecuted for trespass. Go figure. Okay, I know I've been pretty negative so far, but believe it or not I'm going to try to end this rant on a positive note of sorts. I, along with a number of other community members, recently met with the new Regional Forester, Harv Forsgren, and some of his staff from the Santa Fe and Carson National forests. We tried to give them some idea of the problems forest dependent community members face dealing with the Forest Service in terms of communication and accountability. I think we were all impressed by the intelligence of the new forester and the candor with which his staff admitted their own frustrations with the agency. Perhaps, if we can get some help from inside the agency we can rescue our co-dependent relationship from complete dysfunction. New Mexican Land Grants Organize for Action on Their Land ClaimsBy Kay MatthewsLand grant heirs from all over northern New Mexico and southern Colorado came together on September 14 in Santa Fe to talk about strategies for implementing land claim remedies for community land grants. The General Accounting Office's (GAO) Treaty of Guadalupe Hidalgo study, which defines and identifies community land grants, will be released in January, and heirs want to ensure that congress takes the necessary steps to reconstitute these grants. The conference was sponsored by the New Mexico Land Grant Forum and the Mexicano Education and Conservation Trust (MECT), a new non-profit, described by its interim co-chair Moises Gonzales as a "nuts and bolts" organization that will assist the Land Grant Forum in advocating for the return of the community grants. MECT plans to organize as a democratic body made up of member mercedes, or land grants, that can work on policy, organization (MECT will help mercedes that lack structure organize), and political strategy. Its interim board is comprised of Gonzales and Juan Sanchez as co-chairs, Georgia Roybal, Jerry Fuentes, Jaime Chavez, Macario Griego, and Paula Garcia. David Lujan of Tonantzin Land Institute provided an overview of some of the strategies that can be taken over the next few months. He encouraged all land grant communities to form boards of directors and register with the Secretary of State. They could then come together as a congreso, similar to that of the New Mexico Acequia Association, which several years ago formed a congreso of regional acequia associations around the state. As part of a democratic organization the land grants could become more involved in the electoral process by sponsoring candidate forums, officially contacting new officials after the November elections, and having a presence in the state legislative session in January. The group then broke down into two sessions: Developing Political Strategies and Organizing Land Grant Governance. Juan Sanchez of the Chilili Land Grant, and Jerry Fuentes of the Truchas Land Grant, led the organizing workshop to provide land grants with help on how to develop bylaws, comply with state statutes, and elect governing boards. Moises Gonzales, an heir to the Carnuel Land Grant, facilitated the Political Strategy workshop. He provided an overview of what is currently on the table regarding redress of the loss of community grants. As mentioned previously, the GAO study, which was made possible by a bill introduced by Senators Bingaman and Domenici, will be completed in January of 2003. Gonzales said there will inevitably be disagreements regarding the findings of the study, and heirs need to be ready to advocate for changes. House Bill 1823, ordinally introduced by Congressman Bill Redmond in 1998 (the current bill also addresses land grants outside of New Mexico and Colorado), will be reintroduced during the 2003 session by Representative Tom Udall. Rep. Udall introduced the bill in 2002 but it never got out of the Natural Resources committee and heard on the floor. There needs to be a comprehensive lobbying campaign to ensure that this time the bill gets out of committee. In New Mexico, a bill establishing the Attorney General Task Force, which would research the role of the state in upholding the Treaty of Guadalupe Hidalgo , passed the state legislature but was never funded. Just this year a Registry of Community Land Grants was established by the Secretary of State. The groups then discussed the importance of working with as many segments of the community as possible for the return of the land grants. They identified land grants in southern Colorado that are dealing with the same issues, the Native American communities whose political and economic interests are critical to the process, non-land grant Chicanos and Mexicanos who share common concerns about water and economic development, and progressive environmentalists who recognize the potential for good land stewardship by communities. Angela Herrera, a Tecolote Land Grant activist, said that "We need to welcome people from Mexico, they are increasing the Hispanic population in our state and will be our allies." Another heir pointed out that "we all have Indian blood, indigenous people are part of our community." Short and long-term strategies were developed. Initially, the group hopes to formally organize the 20 mercedes that already have governing boards and then work to add 20 more into a congreso or governing body. The group will work to gain the support of local organizations and to work in the political process with a political action committee (PAC). Long term goals include the mobilization of 50,000 land grant members, the formal organization of 50 community land grants, and continued political organizing through the PAC. Miguel Santistevan, La Jicarita Enterprise Youth Development Specialist, brought a contingent of youth from Peñasco High School who participated in the meeting as well and whom everyone welcomed as the land grant activists of tomorrow. The meeting continued into the afternoon, with groups switching attendance at the workshops, a press conference, and the formation of committees on media, governance, and organizing a PAC. In a conversation after the meeting, Gonzales emphasized that MECT can play a vital role in providing both training and funding for communities to organize and deal with land tenure, water, or economic development issues. For example, MECT could develop a leadership team that would be available to land grants or acequia commissions to help them mediate internal problems or identify the necessary resources they need to establish governing boards or file water transfer protests. Additionally, a percentage of membership dues could be set aside to provide a fund for legal defense in land grant claims or transfer protests. For more information about MECT, call Moises Gonzales at 927-0402 or Juan Sanchez at 281-4726. Agua/Caballos Proposed Projects Record of Decision AppealedBy Kay MatthewsThe Agua/Caballos Proposed Projects Record of Decision and Final Environmental Impact Statement (FEIS) was released in June (see La Jicarita, July issue) and appealed in August by Joanie Berde of Carson Forest Watch, Paul Becker of Vallecitos Stables, John Horning of Forest Guardians, and Sam Hitt of Wild Watershed. Under NEPA regulations, Wild Watershed does not have standing to appeal and has been dismissed from the process. Contrary to Hitt's recent claim that "It's not a coincedence that they [the Forest Service] started pushing this project as soon as the Bush administration came into office", this timber sale in the Vallecitos Sustained Yield Unit has been long in the making. Public involvement began in 1992; two Draft Environmental Impact Statements (DEIS) were released, in 1995 and 1999; a supplement to the DEIS was issued in 1999; and many public meetings and field trips were held over the course of the project. The second DEIS was released to comply with the amended forest plan and the supplement to the 1999 DEIS was issued in response to discrepancies regarding the actual number of road miles that would be needed to implement the Preferred Alternative. Two new alternatives were included in the supplement that included no new road building, and an Alternative G was developed that keeps road building to a minimum while still meeting the purpose and need of the proposal. Alternative G is now the Preferred Alternative. Participants in one of the many Agua/Caballos tours The appeal accuses the Forest Service of failing to gather the necessary population data for indicator species in the Unit as required by the National Forest Management Act (NFMA). The appeal claims that the agency relied on "habitat trend data" instead of acquiring the population data it needs to provide for diversity of plant and animal communities in the area. Kurt Winchester, El Rito District Ranger who is currently acting as assistant Carson National Forest Supervisor, met with both Berde and Becker in an effort to negotiate a settlement to their appeal (Forest Guardians was also invited but declined to participate). According to Winchester, the discussion with the two appellants focused more on their desire that no trees over 18 inches be harvested rather than the issues raised in the appeal. "I'm disappointed that this appeal is all about process rather than the merits of our decision. An appeal like this subverts the efforts of the many people and organizations who contributed to the modification of the original proposal, including Paul Becker, whose comments were specifically addressed in the FEIS. I'm confident that the decision will be upheld."
La Jicarita asked George Grossman of the Santa Fe Group of the Sierra Club for his analysis of the project as the Carson National Forest timber coordinator for his group. Grossman has both organized and attended many field trips to the site and has commented on all the draft versions of the sale, despite the national Sierra Club's opposition to commercial timbering on public lands. According to Grossman, "The Sustained Yield Unit is something very special, an area set aside by the federal government to economically benefit the local communities, and as such it should get special consideration." He points out that before the area was in the public domain, it was heavily logged, with many clearcuts: "As long as the Forest Service is committed to setting aside the required 20% old growth, I'm not concerned that the prescription includes some big trees," Grossman says. One of the concerns of the Santa Fe Group was whether the development of temporary roads would just be replacing new road construction. The Forest Service intends to create 20 miles of temporary roads in Agua/Caballos that would be closed immediately after implementation. After harvest, the 130.3 miles of existing road would be reduced to 64.4 miles: 22.2 miles would be administratively closed; 13.8 would be physically closed; and 4.7 miles would be obliterated. This would result in reduction of the 98 drainage crossings to 53 and reduce the acreage of permanent open roadway from 391 to 193 acres. Because the designated operators within the Sustained Yield Unit are relatively small businesses, it's likely that only 500,000 to one million board feet a year will be cut in the project, although Winchester points out that if the operators coordinate their efforts and pool their resources they could potentially harvest between one and two million board feet a year.
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Copyright 1996-2002 La Jicarita Box 6 El Valle Route, Chamisal, New Mexico 87521.