A Brief History of Quid Pro Quo Wilderness

Janine BlaelochJanine Blaeloch,
Board member, Wilderness Watch
Director, Western Lands Project


Beginning in the late 1990s, a new kind of land deal materialized in Congress that would present a huge challenge to grassroots public land activists and wilderness advocates and create a significant schism in the environmental movement. Quid pro quo wilderness, as it came to be called, was carried forth in legislation that combined wilderness designation with exchanges, sales, even outright giveaways of public land designed to “buy” Wilderness. As the 40th anniversary of the Wilderness Act approached, controversy was roiling around this new strategy. As we approach the 50th, we need to remind ourselves of the threats posed to Wilderness and public land, and rededicate ourselves to the fundamental ideals and hopes we hold for them.


Traditionally, wilderness legislation simply designated the boundaries of newly-protected areas and might include “release” language that dropped Wilderness Study Areas from interim protection, and/or from any future consideration for Wilderness status. Quid pro quo wilderness, promoted by big-name, big-money organizations like the Wilderness Society, Campaign for America’s Wilderness, and the Sierra Club, turned this simple tradition of wilderness protection on its head.


Suddenly, staff time was spent not in gathering public support for Wilderness and campaigning for passage of concise, protective bills, but in negotiations with anti-wilderness “stakeholders”—ranchers, local politicians, developers, and motorized recreation enthusiasts. Wilderness designation came to be but one provision in sometimes voluminous legislation that also privatized public land, facilitated major water and land development projects and allowed non-conforming, wilderness-damaging uses in the newly designated wilderness lands.


Steens lowlands100,000 acres of public lowland habitat near Steens Mountain were traded to ranchers in the first big quid pro quo deal. Photo: Western Lands Project On Oregon’s Steens Mountain, environmental groups negotiated a deal that traded more than 100,000 acres of federal land to ranchers in order to get 18,000 acres that would go into a new Wilderness. In Nevada, wilderness advocates supported the privatization of tens of thousands of acres of public land in Clark, Lincoln, and White Pine counties. In Idaho, two huge quid pro quo bills proposed to give federal land away to local government—including in the beloved Sawtooth NRA--and to force land exchanges with ranchers who would be allowed to name the value of their land.

Well-staffed groups with lavish funding—much of it provided by the Pew Charitable Trusts-- engaged in complex, closed-door negotiations with members of Congress, county commissioners, and others who sought to extract a heavy price for allowing wilderness designation to advance. In the meantime, grassroots groups working to uphold the sanctity of Wilderness and the integrity of public lands had a huge task on our hands. In addition to lobbying Congress and explaining the pitfalls of quid pro quo to the public, we had to try to change the trajectory of organizations that had at times been allies.


01 slides 007 10 14 13 3Quid pro quo deals have pushed pavement and development farther out into the magnificent desert of the Las Vegas Valley. Photo: Western Lands Project In our view, quid pro quo wilderness proposals that sanctioned land disposals and developments had grave potential to undermine environmentalists’ efforts to protect and retain federal lands and to secure real Wilderness protection. In promoting these actions, wilderness negotiators were legitimizing the view of anti-public land politicians and other interests who regarded federal land as a low-value, disposable asset, and Wilderness as a prize that could be won only through damaging, far-reaching concessions.

By late 2006, as several quid pro quo bills we had managed to keep from passage stood in the end-of-session Congressional queue, Western Lands, Wilderness Watch, and Friends of the Clearwater composed an open letter to the conservation community calling for “a moratorium on damaging public land and wilderness legislation.” With the very real possibility that the House would be changing from a Republican to a Democratic majority in the coming election, and countless other reasons to abandon the quid pro quo approach, we urged proponents to back away from these bills. The letter was signed by 88 groups from across the country, and distributed to both Congressional offices and the deal-making groups.


As it happened, only one of the poisoned bills passed before Congress adjourned—a quid pro quo for White Pine County, Nevada sponsored by then-minority Senate Leader Harry Reid. Reid, an incorrigible public-land dealer had managed to attach it to a tax-relief bill.


We in the grassroots persisted in our battle against these bills and eventually gained the critical support of Jeff Bingaman (D-NM), Chair of the Senate Energy and Natural Resources committee, and Nick Rahall (D-WV), his counterpart in the House. Bills laden with giveaways and development projects were either buried or substantially re-written.


In 2009, the phalanx of quid pro quo bills that had prompted the moratorium call fell into disparate pieces. One Idaho bill passed after being gutted of its worst provisions. The same fate came to a Utah bill mandating the sell-off of 25,000 acres of public land for housing development. But these were not total victories—some bad provisions for Wilderness access and use remained in these bills, and scores of public-land related measures ended up passing in a 1,300-page omnibus bill, the worst of which opened the door for the State of Alaska to build a 15-mile-long road through across the Izembek Wilderness. This horrible, precedent-setting provision was described by Pew Trust’s wilderness program leader, Mike Matz as the “art of legislating. It’s about compromise.”


Since then, the national groups have bemoaned the lack of new wilderness designations and have pushed for another public-lands omnibus. Perhaps they realized that individual quid pro quo measures left them too exposed, and—as members of Congress have so often done—seek the cover of a big bill, where the bad gets passed with the good, and no one is the wiser. One can barely imagine what they might come up with in negotiations with the current crop of legislators, including a House full of public land-averse Republicans and Harry Reid heading up the Senate.


Janine Blaeloch is founder and director of the Seattle-based Western Lands Project, which monitors federal land exchanges, sales, giveaways, and any proposal that would privatize public lands. She has written three books on these issues, including “Carving Up the Commons: Congress and Our Public Lands.” Janine earned a degree in Environmental Studies from the University of Washington, with a self-designed program focusing on Public Lands Management and Policy. Before starting Western Lands, she worked as an environmental planner in both the private and public sectors. She has been an activist since 1985.
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The Most Serious Attack on America's Wilderness

brandy1 12 17 12GOP-backed bill is most serious attack on America's Wilderness Act in history
The Wilderness Act has protected America's wild lands for 50 years. It is now under threat by a House bill deceptively called The Sportsmen's Heritage Act. Citizens must demand the US Senate do nothing to advance its devastating provisions.

Opinion
Christian Science Monitor
By Stewart Brandborg / November 30, 2012
Hamilton, Mont.

Conservationists and wilderness enthusiasts across America are mobilizing to defeat a bill passed by the House of Representatives in April that would eviscerate the 1964 Wilderness Act.

Deceptively entitled the Sportsmen's Heritage Act, the bill (H.R. 4089) purports to protect hunting, fishing, and recreational shooting. The bill is being pushed by powerful groups like the National Rifle Association and Safari Club International and supported by some of the most anti-wilderness Republicans in Congress. And it would effectively gut the Wilderness Act and protections for every wilderness in America's 110-million-acre National Wilderness Preservation System – everywhere from the Boundary Waters Canoe Area Wilderness in Minnesota to the Selway-Bitterroot Wilderness along the Montana-Idaho border that I can see from my home.

The House bill's provisions could still become law during the current lame-duck session of Congress. Though the Senate is considering a different sportsmen's bill that does not include the harmful elements, the Senate bill could eventually be merged with the devastating House bill in order to pass both chambers.

The Wilderness Act eloquently defines wilderness as "an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." The statute further designates wilderness as an area that retains "its primeval character and influence, without permanent improvements or human habitation" and is "protected and managed so as to preserve its natural conditions."

I know the Wilderness Act. I worked alongside my mentor, Howard Zahniser of the Wilderness Society (the bill's chief author and proponent), from 1956-1964 to gain its passage by Congress. After Zahniser's untimely passing in 1964, I directed the Wilderness Society for the next 12 years in implementing the new law and in adding new areas to the National Wilderness Preservation System. Congress responded to requests from the American people by adding tens of millions of acres to the wilderness system. Today, that system has grown from the original 9 million acres in 1964 to nearly 110 million acres. The Wilderness Act provides the best and most protective standards of all types of federal public land protection.

But this great legacy of American Wilderness is essentially destroyed by H.R. 4089 in several key ways.

First, H.R. 4089 elevates hunting, fishing, shooting, and wildlife management above wilderness protection within designated wilderness areas. Visitors or wildlife managers could drive motor vehicles and build roads, cabins, dams, hunting blinds, aircraft landing strips, and much more in wildernesses if any of these activities could be rationalized as facilitating opportunities for hunting, fishing, shooting, or managing fish and wildlife.

The only limitation in H.R. 4089 on motor vehicles or development is that the activity must be related to hunting, fishing, shooting, or wildlife management, though that need not be its only or even primary use. In reality, almost any recreational or management activity could be shoehorned into one of these exceptions and thereby exempted from Wilderness Act safeguards.

Perhaps even more troubling, H.R. 4089 would waive protections imposed by the Wilderness Act for anything undertaken in the name of wildlife management or for providing recreational opportunities related to wildlife. This would allow endless manipulations of wildlife and habitat.

This could include logging, if done to stimulate new forest growth on which deer might graze. Similarly, bulldozing new dams and reservoirs could be validated as a way to enhance fishing habitats. Poisoning lakes and streams to kill native fish and then planting exotic fish might be allowed under the guise of increasing fishing opportunities. And predator control (including aerial gunning and poisoning) could be defended for boosting the numbers of popular hunted species like elk or bighorn sheep that predators also eat.

There is no limit to what managers could do in designated wilderness areas all in the name of wildlife management or providing opportunities for recreational hunting, fishing, and shooting. These provisions strike at the heart of the Wilderness Act and its foundational underpinnings to preserve wilderness untrammeled and native wildlife in its natural environment.

Sportsmen and sportswomen – those who hunt and fish – were, and continue to be among the strongest supporters of the original wilderness law, of designating wilderness lands, and of the special quality of fishing and hunting experiences that wild and undeveloped lands provide. Many of these folks are fighting to prevent eviscerating the law and its wilderness preservation safeguards.

For nearly a half-century, the Wilderness Act has protected the finest of America's wild lands and created a National Wilderness Preservation System that is the envy of much of the world. H.R. 4089 would negate all that we have preserved. In my 60 years of work for wilderness preservation and management, our nation has never been threatened by a more serious attack on this irreplaceable publicly owned resource. Citizens must demand that the US Senate do nothing to advance the House provisions of the so-called Sportsmen's Heritage Act and instead protect our grand wilderness legacy for future generations.

http://www.csmonitor.com/Commentary/Opinion/2012/1130/GOP-backed-bill-is-most-serious-attack-on-America-s-Wilderness-Act-in-history

Wilderness icon Stewart Brandborg worked hand-in-hand with wilderness bill-author Howard Zahniser in the late-50s/early-60s to get the Wilderness Act passed and is the only person living today who worked day-to-day on the bill. After Zahniser's untimely death in 1964, Brandy took over as executive director of the Wilderness Society until 1976. He remains very active in Wilderness and public lands issues, is a long-time Wilderness Watch board member and now serves as a senior advisor. He is an incredible inspiration to all.
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