30. November 2024 · Comments Off on Public Lands – Feds respond to Utah’s lawsuit · Categories: Public Lands

The federal government’s response to Utah’s lawsuit seeking to take over millions of acres of public land says the state’s legal challenge is “without merit.”

In a brief filed last Thursday, attorneys with the U.S. Department of Justice asked the U.S. Supreme Court to deny Utah’s motion, writing that the state’s argument doesn’t hold water. Plus, the state fails to meet the criteria that would allow a petition directly to the nation’s high court rather than going through lower courts first, the filing claims.

Filed in August, Utah’s lawsuit questions whether the Bureau of Land Management, or BLM, can indefinitely hold onto land without giving it a designation. The BLM controls about 18.5 million acres of what the state calls “unappropriated land” in Utah — the land is still leased for grazing, recreation and mineral extraction, but lacks a formal designation.

National parks, national monuments, national forests, Indian reservations or wilderness areas have a designation, and therefore are not considered “unappropriated.” But about 34% of the entire state meets the state’s definition of “unappropriated,” much of it found in remote western Utah.

The lawsuit claims the federal government lacks the constitutional power to hold that land “in perpetuity … over the State’s objection.” The Supreme Court should declare the practice of holding unappropriated land unconstitutional, Utah argues, and issue an injunction that would start the process of a massive, 18.5 million acre land transfer.

But the federal government says that argument lacks merit and “faces significant jurisdictional and procedural barriers.” Utah argues the federal government can only hold onto land if it has a designated purpose; the federal government asks “why a formal reservation would make a legal difference” under the constitution. Utah argues the federal government can’t retain land over its “express objection”; the federal government says that runs afoul of the constitution’s supremacy clause, which states federal law takes precedence over state law.

Utah argues Congress has a “duty to dispose of unappropriated public lands”; the federal government says that while Congress has the power to dispose of land, it does not have a duty to do so. And, Utah raises several policy objections, including its inability to collect revenue on federal land; the federal government says that argument is better suited for Congress, not the country’s high court.

The brief also takes issue with Utah invoking original jurisdiction, which allows states to petition directly to the Supreme Court rather than starting in a lower court and then going through the appeals process. To invoke original jurisdiction, the issue needs to be between a state and the federal government.

That’s because the case does not involve a dispute over state boundaries, the brief reads, or Utah’s ability to enforce criminal and civil laws on the land in question.

Utah News Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Utah News Dispatch maintains editorial independence. Contact Editor McKenzie Romero for questions: info@utahnewsdispatch.com.

28. November 2024 · Comments Off on Education – From the BCHI Education Chair · Categories: BCHI /BCHA, Education

Hello,

First, Happy Thanksgiving to everyone!   I have been contemplating how I can be of assistance to all of you, since all of you are well seasoned, experienced backcountry horsemen.   So, I thought one of the main challenges we all have in BCH nationwide is low membership. Do you think this could be one of our “missions” as education chairmen is finding an avenue to share the extensive knowledge BCH chapters have with the public, showing them what we do and who we are?  Possibly, this opportunity may encourage them to join our organization or at least educate them with how to use the backcountry responsibly.

I am sure many of you have conducted public events, I would love to hear about your programs and how was the response.  Do you feel this would be a good avenue to pursue or possibly you may have other suggestions?

Also included in this email the new Light on the Land BCHA education publication from the BCHA website and thought it may be of interest to you.

Appreciate you taking the time to reply to my questions and offer any suggestions.

Sincerely,

Karen Bailey Education Chair  education@bchi.org

Light-on-the-Land-one-pager-1

27. November 2024 · Comments Off on SBCH is taking application for summer positions – Deadline January 12, 2025 · Categories: Around The Campfire

Happy Thanksgiving! This season, we’re grateful for wild places and the people who care for them— people like you.

If you or someone you know is looking for an unforgettable summer adventure in the Selway-Bitterroot and Frank Church Wilderness areas, we’re hiring for four seasonal roles:

  • Wilderness Trail Crew Leaders
  • Wilderness Assistant Crew Leaders
  • Youth Wilderness Expedition Leader
  • Wilderness Volunteer Project Leader

Applications are open now and close January 12—but we review on a rolling basis, so early applications are encouraged! Learn more and apply today!

Wilderness Ranger Fellowship positions will be announced later in December.

Wishing you and yours a wonderful holiday weekend!

Jobs — Selway Bitterroot Frank Church Foundation

25. November 2024 · Comments Off on “America the Beautiful” Act – Bill Reauthorizes the Legacy Restoration Fund · Categories: Around The Campfire, Education

Read the text of the bill HERE.

The National Park Foundation, National Parks Conservation Association (NPCA), Montana Outfitters and Guides Association, Friends of Acadia, Boone and Crockett, and the Congressional Sportsmen’s Foundation are among many groups supporting the legislation. Click HERE for a full list of statements of support.
America-the-Beautiful-Act  (PDF)

23. November 2024 · Comments Off on Bad ideas die hard! · Categories: Education

Bad ideas die hard: The effort to hand over America’s public lands to individual states

We in the West know what state or private ownership means for forests. Stumps, and lots of them, writes guest columnist Craig Gehrke.

Deep in Idaho’s Clearwater Mountains, along the beautiful Lochsa River, is a stand of ancient cedar trees. These trees stand hundreds of feet tall and are hundreds of years old. They have seen a lot of American and Idaho history.

They were standing long before Europeans arrived in these mountains, back when the Nez Perce traveled through the Clearwater Mountains along what they called the Road to the Buffalo, the route they used to travel from their Idaho home to the buffalo hunting grounds in Montana. They were standing when explorers Lewis and Clark passed by less than mile away on their 1805-06 historic trek across North America to the Pacific Ocean. These trees were standing in 1877 when Chief Joseph and the Nez Perce were fleeing the U.S. Cavalry in their heartbreaking effort to reach the safety of Canada. Conservation historian Bernard DeVoto camped under these trees in the late 1940s while working on his editing of the Lewis and Clark journals. After DeVoto’s death, this grove of cedar trees was named the DeVoto Memorial Cedar Grove, and his ashes were spread on this site.

It’s no accident that these old cedar trees are still standing. They remain standing because they are on public lands. Public lands, in which every American has a stake. Surrounding forests, not on public lands, tell a far different story.

A few miles to east of the DeVoto Cedar Grove are lands that once belonged to a railroad company. In the 1860s, railroad companies were given vast tracks of lands in the West to facilitate settlement efforts and ease the way for possible cross country railroad routes. Only a few such routes panned out, so the railroads eventually sold much of their timber lands to private timber companies. These companies, out to maximize profits for shareholders, ravaged these forests, brutally logging these landscapes and leaving behind eroded hillsides, polluted streams, and miles and miles of stumps. Even today these denuded lands continue to dump sediment into the headwaters of the Lochsa River.

A few miles to the west of the DeVoto Cedar Grove are forest lands that ended up owned by another entity, this time the state of Idaho. Forests owned by the state are mandated to be managed to produce the maximum revenue for the school system. This means logging. Lots of logging. The state lands west of the DeVoto Cedar Grove are a jumbled maze of logging roads and clearcuts. Any old  trees once there are long gone.

Besides his work on the Lewis and Clark journals, Bernard DeVoto is best known for his conservation advocacy in Harpers Magazine in the 1940s. It was here that DeVoto blew the whistle on the efforts by the national livestock associations to turn all of America’s public lands over to individual states and eventually private ownership. DeVoto’s writing galvanized opposition that helped defeat that effort at that time.

But bad ideas die hard. There’s always remained smoldering efforts by private entities and the politicians in their pocket to somehow get their hands on public lands. The effort is back again. Idaho Attorney General Raúl Labrador a filed a friend of the court brief supporting Utah’s effort to dispose of public land to state ownership. While purportedly focused on lands managed by the Bureau of Land Management, which provide unmatched wildlife habitat and recreation opportunities to all Americans, Utah’s lawsuit raises the question of whether the federal government can hold lands in perpetuity at all. If this effort were to succeed, you can bet the national forests would be next on the politician’s wish list.

Idaho sold off about one third of the land it received from the federal government upon statehood. Had Idaho gotten more land, it would have simply sold more of it. It has generally been a short step from state ownership to private ownership. And private ownership has meant, for stands of old forests like the DeVoto Grove on the Lochsa, a quick trip to the nearest sawmill and money in the owner’s pocket. Millions of acres of old growth forest, and the wildlife, clean water, and recreation opportunities supported by these forests, are gone forever by this route.

We in the West know what state or private ownership means for forests. Stumps, and lots of them. Both entities manage forests to maximize dollars generated. In contrast, public lands mean trees hundreds of years old, superb wildlife habitat, clear, clean water, and unmatched recreation opportunities. And our heritage. You would be hard pressed to find many areas owned by states or private corporations where short term monetary gains are sidelined for the sake of protecting a place of history like the DeVoto Cedar Grove.

21. November 2024 · Comments Off on Air Saint Luke’s BCHI Discount Form – 2025 · Categories: BCHI /BCHA

Air St. Luke’s Membership Agreement-BCHI

19. November 2024 · Comments Off on Education: Sawyer in training hit by tree (Report & Lessons Learned) · Categories: Education, Safety, Training Events


Colorado Fire Camp Training Hit by Tree LLR

19. November 2024 · Comments Off on Keep public lands in public hands! · Categories: Current Events, Public Lands

CLICK HERE

13. November 2024 · Comments Off on Education: Grizzly Confidential Webinar · Categories: Current Events, Education

13. November 2024 · Comments Off on Public Lands – 2024 fire season · Categories: Around The Campfire, Public Lands

Pictures taken near Stanley Lake, SRA

by Melanie Vining, Executive Director

Ok, so this could be the title of an article at the end of pretty much any summer lately. Snowpacks melting earlier, heat waves lasting longer and fall rains coming later are the new normal in the West, but with the west central Idaho Lava Fire almost out my backdoor and a recent trip to Salmon, which took me through the Wapiti Fire burned area, thoughts about a big fire season are on my mind. Thankfully, rain drips from the roof as I write this, but that brings its own challenges. More to come on that.

In the face of climate change and its effects- like longer fire seasons and more intense precipitation events- it’s hard not to feel helpless. With access to real time data through apps like Watch Duty, we can see maps of fire perimeters and almost watch them grow on our phone screens. Smoke fills the air, and we picture our favorite trail, lake, or campground blackened.

This overwhelmed feeling got me thinking: what can I- we- do? Not about climate change- that’s a longer blog and well outside my wheelhouse. No, I’m thinking about what we can do, and maybe as importantly, about how we can think about wildfire when it comes to recreating on public lands. Maybe some of you have already achieved enlightenment, but I struggle with this; maybe others out there do too. READ MORE

11. November 2024 · Comments Off on BCHI – 2024 Fall Newsletter · Categories: BCHI /BCHA


2024-Fall-Broomtales

04. November 2024 · Comments Off on PUG – What we have done · Categories: Public Lands, Trail Volunteer Groups

READ REPORTS

04. November 2024 · Comments Off on ITA – New Blog Posts · Categories: Public Lands, Trail Volunteer Groups

READ BLOG

04. November 2024 · Comments Off on SBFC – 2024 Newsletters · Categories: Public Lands, Trail Volunteer Groups

CLICK HERE

SBFC-WildestPlace_Fall2024-Final-Web