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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Conservation groups, tribes and community organizers are praising President Joe Biden's decision Thursday to expand two national monuments in California.
Together, the monuments will gain about 120,000 acres. The Berryessa Snow Mountain National Monument is 90 minutes northwest of Sacramento and the San Gabriel Mountains National Monument lies just east of Los Angeles.
Brenda Gallegos, public lands manager for the nonprofit Hispanic Access Foundation, said millions of urban families live close to the San Gabriel Mountains.
"A lot of our Latino communities don't have access to nature, prominently, like 67% of Latino communities don't have access to green spaces or blue spaces," Gallegos pointed out. "Having these expansions designated today brings us closer to closing that nature gap."
The president used his powers under the Antiquities Act to expand the monuments in order to increase public access and protect the watershed and wildlife habitat. The move also makes progress toward Biden's goal of protecting 30% of the country's public lands by 2030.
Gallegos said Berryessa Snow Mountain National Monument in Lake County will include an area previously known as Walker Ridge, now renamed Moluk Loyuk, which means Condor Ridge in the Patwin tribal language.
"This is important because it establishes a co-stewardship with federally recognized tribes and will return the indigenous names of these lands to them," Gallegos explained. "This continues to build that great relationship with tribes."
Land managers will now create a new management plan for the area, which could include new campsites, hiking and mountain biking trails, and even off-highway vehicle-designated routes.
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The Bureau of Land Management recently released its final Public Lands Rule, which is set to put conservation on equal footing with other multiple uses taking place on public lands.
The state of Utah has come out in opposition, pointing to the impact it could have on the almost 23 million acres of BLM land in Utah.
Redge Johnson, director of the Utah Public Lands Policy Coordinating Office, said the state supports conservation efforts but called the rule a "solution looking for a problem."
"What we have already put into conservation designations and then what you have for the acts that promote the conservation of the lands, why do you need to level that playing field?" Johnson questioned. "The playing field has more than leveled over the past 40, 50 years with the passage of all these acts."
Johnson contended Utah's lands and wildlife will suffer as a result of the rule and added it'll make mining critical metals used for batteries even more difficult. He and others, like Gov. Spencer Cox, called on the BLM to immediately withdraw the rule and work with stakeholders on more practical solutions.
Conservationists see the rule as a big win for restoring and sustaining public lands for future generations.
Johnson described Utah's public lands a "fire dependent ecosystem," adding fuel loads have accumulated drastically due to over a century's worth of fire suppression. He argued the rule will make executing and continuing vegetation management projects more difficult, including reducing the threats posed by fuel loads.
"One of the biggest contributors we have to carbon dioxide right now are wildfires, at least in the West," Johnson asserted. "Transportation, all the others, yes absolutely. But wildfires are a huge contributing factor to that. One of the best things we could do is reduce the fuel loads on some of these areas to reduce the fire risk and this rule puts that at risk."
The rule also creates the frameworks for "restoration and mitigation leases," which will allow groups to restore public lands or to offset the effects of a particular use. Johnson argued the leases will leave too many loopholes but the BLM said they will not "disturb existing authorizations."
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Conservation groups are rejoicing over the decision Friday by the Biden administration to reject a proposed mining road in Alaska.
The 211-mile Ambler Road would have sliced through the Gates of the Arctic National Park and Preserve, severing the migration route for a Western Arctic Caribou herd.
Alex Johnson, interior Alaska director for the National Parks Conservation Association, said it was important for the feds to take a stand in Alaska so mining interests do not start eyeing other national parks.
"This is a very expensive, destructive and just highly speculative project that does not in any way support our clean energy goals as a country," Johnson contended. "And ultimately would permanently threaten the health and well-being of local communities and the tribes."
Alaska Sen. Lisa Murkowski slammed the decision, warning it could limit jobs and tax revenues for Alaska by preventing exploration for minerals she said are important to national security, like copper, cobalt, gallium and germanium.
Jayme Dittmar, a photographer and filmmaker from Fairbanks, said the road would have been very disruptive to the 66 Native American villages along the proposed route.
"That'd be 168 trucks passing through close vicinity to the villages," Dittmar pointed out. "There would be hundreds of bridges built. It would dismantle a subsistence livelihood that's been in place for thousands and thousands of years."
The road was seen as a negative for tourism to the Brooks Range area. According to the Alaska Travel Industry Association, Californians make up 9% of visitors to Alaska.
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