KLAMATH FALLS, Ore. - With one week to go before Congress is scheduled to wrap up its session for the year, it's looking unlikely that the Klamath Basin Restoration Agreement will be approved.
The last-minute draft bill from Congressman Greg Walden, R-Ore., doesn't align with the Senate bill to make the water-rights agreement official.
Walden's bill doesn't include removal of four Klamath River dams, which was key to the original agreement, and it adds transfers of federal land to counties that weren't part of the agreement.
Craig Tucker, natural resources policy advocate with the Karuk Tribe, predicts those changes will doom it.
"The draft bill that's been presented, I don't think it's possible for that to pass through Congress," says Tucker. "So I think, come January, the possibility for settlement will be over. And we'll be back to the same old litigating, going through the FERC process and finding different ways to address our needs."
The two Oregon senators' reaction to the House bill is also that it falls short of the original agreement, which took 10 years to negotiate. And Tucker points out that Congress has left it sitting for five years, leaving tribes, farmers and ranchers and local communities frustrated by the standstill.
Upper Klamath Basin rancher Larry Nicholson isn't the first person to call the original agreement "unprecedented," and he believes adding the land giveaways - 100,000 acres each to Klamath and Siskiyou counties, for logging - will trip up the deal.
Nicholson says all parties to the agreement already are living by it, and he thinks Congress should, too.
"This does work. And that's the travesty of this, is that we've shown that we can come up with a solution to this very complex problem," says Nicholson. "And the last two years, we've been operating under these agreements, everyone has gotten some water. It's not perfect, but it certainly is better than the alternative."
Nicholson says he'll remain hopeful at least through Dec. 18, when Congress is set to break for the holidays.
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A court is soon expected to decide a Wyoming case between hunters and landowners which could affect public land access.
When a group from Missouri went hunting near Wyoming's Elk Mountain in 2021, they navigated a checkerboard of land ownership, using a ladder to cross a privately-owned 'corner' from one public parcel to another. The landowners, who live in North Carolina, sued the hunters for trespassing in a case now before the U.S. Tenth Circuit Court of Appeals.
Sam Kalen, professor of law at the University of Wyoming, said there are two major issues in this case. One involves what is known as the Unlawful Inclosures Act, a federal law preventing private landowners from obstructing access to public land.
"There's a good chance that the 10th Circuit's going to, you know, maybe adopt some sort of 'unreasonable' test," Kalen predicted. "Suggesting that landowners can't do things that result in sort of a nuisance or unreasonable interference with any access to public lands."
The other issue, Kalen noted, is trespassing, which is a matter of state law. A Wyoming federal judge ruled the hunters were not trespassing in a decision last year. More than 8 million acres of public lands in the West are "corner-locked," according to recent data.
The court's decision could affect other states in the Tenth Circuit, especially those with similar landholding patterns, including Colorado, New Mexico and Utah. An appeal of the decision would next go to the U.S. Supreme Court, but Kalen noted it likely would not be heard.
"The court doesn't take up that many public lands cases," Kalen acknowledged. "There's no conflict in the circuits, which means that the court would have to conclude that it's really serious, national significance."
Kalen added the case is unique to typical hunting encounters in Wyoming, as both parties are from out-of-state.
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The Ohio Environmental Protection Agency is awarding $271,000 in grants for environmental education projects across the state.
The programs will teach people about wetlands, water quality, biodiversity, habitat restoration and ways to maintain home drinking water and septic systems. One of the recipients, Black Swamp Conservancy, is getting nearly $35,000 to train teachers and provide educational materials for students.
Laura Rodriguez, the conservancy's events coordinator, said this grant is important because it helps get kids and teachers outside and interested in nature.
"Outdoor learning increases students' physical, mental and social health, as well as their overall academic performance, but also fosters this ethic of care," she said. "We're helping to raise that next generation of active citizens who understand the importance of taking care of our shared landscape."
The program aims to equip teachers with resources to enhance student learning experiences through nature-based education. Grants are available in amounts up to $50,000. More information is available on the Ohio Environmental Education website, and the deadline to apply for the next round of money is next Monday.
Conservation manager Melanie Coulter highlighted other Black Swamp conservancy, especially its wetland restoration efforts. She said they are crucial for re-establishing parts of the Great Black Swamp, benefiting both wildlife and the environment.
"The Great Black Swamp, which was this vast 1,500-square-mile wetland along the Maumee River, most of that is now gone," she said, "so we try to put little pieces of it back in strategic areas that will provide wildlife habitat and wildlife corridors along rivers."
Coulter said these grant funds enable the nonprofit to carry out other vital projects, including land restoration and environmental education, demonstrating the importance and impact of its work on a statewide level.
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Deforestation remains a concern in the U.S. but success stories are emerging and Minnesota advocates said new achievements bode well for all residents.
The Conservation Fund, which works to preserve natural resources across the country, recently announced it has protected more than 1 million acres of working forest lands across the country, including Minnesota.
Kim Berns-Melhus, Minnesota state director for the fund, said regional examples include the purchase of 72,000 acres in Minnesota from a timber company. She explained they will hold onto the land for the next decade as permanent solutions evolve under public stewardship.
"When land is held in smaller parcels, privately held instead of large tracts, either by the county, the state or in tribal hands, that really limits the ability for the public to use those forests and to enjoy those forests," Berns-Melhus pointed out.
And if sustainable management practices are not used under private ownership, she cautioned the lands become more vulnerable to climate change, with far-reaching environmental fallout, including habitat loss, increased carbon emissions and flooding. Efforts like these come as forests rapidly disappear, with the U.S. losing more than 4 million acres in 2021 alone.
Berns-Melhus acknowledged not all private ownership of forest lands has negative consequences but emphasized they have to be nimble and keep pace with smaller purchase opportunities as they surface so they do not snowball into a loss which is hard to overcome.
She argued forests are part of Minnesota's identity and they do not want it to change.
"Our forests mean a lot to the state of Minnesota and the people of Minnesota in so many different ways," Berns-Melhus stressed. "Conserving these forests is something that Minnesotans see as a priority."
Minnesota is among the Midwest leaders with nearly 35% of its land covered by forests. The Conservation Fund has a specialized program to facilitate land purchases. Commercial development is seen as one of the biggest threats to sections of wilderness and there are predictions as many as 13 million acres in the U.S. will be lost in the coming decades.
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