The Commission asked County Attorney David Pato to draft the resolutions at the Sept. 12 meeting and passed them at the Oct. 15 meeting. The Sierra County Sun stated in a meeting-preview article that such a directive was not given and regrets the error.
The first resolution states it is “demanding immediate restoration of the permitted uses of our national forests,” softened to “requesting” at County Manager Bruce Swingle’s suggestion and passed by the Commission.
The County is angered by a recent court ruling that prohibits timber cutting and logging in all of New Mexico’s five National Forests, as well as one in Arizona. The order was handed down Sept. 12 by U.S. District Court Judge Raner Collins.
The ruling favored WildEarth Guardians, which filed the case in 2013 against the U.S. Fish and Wildlife Services and the U.S. Forest Service. It claimed they had not obeyed a 1996 federal law since it was enacted and the court agreed.
Originally the case targeted 11 National Forests in Arizona and New Mexico. Five of Arizona’s National Forests’ changed their forest plans to comply with the law and were dropped from the case.
The law requires timber management plans be drawn up in consultation with endangered-species experts and that they show how habitat will be preserved.
This case centers on the Mexican spotted owl, which has been on the endangered-species list since 1986.
The court also found the U.S. Forest Service neglected to do New Mexican spotted owl population surveys and monitoring, as required by law, therefore it is unknown if the owl is still losing population or not.
The court order prohibits all but personal fire-wood removal among the U.S. Forest Service timber-management programs–including logging and other commercial contracts—until the forest plan complies with the law.
According to WildEarth Guardians’ website, the U.S. Forest Service “broadly” interpreted the order as prohibiting trail maintenance, thinning, Native American timber uses and even the cutting of the Whitehouse Christmas Tree from New Mexico’s Carson National Forest to garner negative press for WildEarth.
WildEarth asked the U.S. Forest Service to sit down and negotiate a clarification of the order and then to file a joint motion with the court asking for an amendment of the order, according to its website, but all entreaties were rebuffed.
WildEarth therefore filed a motion on its own, asking the judge to amend the order to allow the public to collect fire wood. The U.S. Forest Service agreed with the amendment and the judge granted the change “within hours,” according to WildEarth’s website.
Sierra County Commission Chairman James Paxon said, “I think we are being held hostage by these environmental groups, especially the Center for Biodiversity and WildEarth.”
The County resolution is as adamant in its language. It “petitions its Congress for redress to revisit the application and scope of the Endangered Species Act, so that recovery of isolated species do not continue to be elevated above the fundamental, basic, inherent and unalienable rights of our residents.”
“In every stage of these oppressions the Board has petitioned for redress in the most humble terms, only to have such petitions be answered by repeated injury,” the resolution says, referring to how “county residents have suffered from this latest order and the reintroduction of the Mexican Gray Wolf.”
The second resolution is “in opposition to the designation of the Animas, Corduroy, Diamond Creek and its tributaries Seventyfour Draw Creek, Whitetail Canyon, Taylor Canyon and the Upper Reaches of Beaver Creek as Wild and Scenic Rivers.”
“The designation will mean irrigation, flood control, recreation and water supplies downstream will all be secondary uses,” the resolution states.
It is “another social injustice to the people of Sierra County, levied upon them by the Federal Government, after the destructive impacts on ranching and hunting with the introduction of the Mexican Gray Wolf,” the resolution states.
The U.S. Forest Service is required by law to consider what rivers and tributaries in National Forests may qualify for the designation. The Gila National Forest was only partially evaluated in 2002 and most of the tributaries were deemed unqualified. The designations the County resolution calls out date from that time.
Only one-tenth of one percent of New Mexico’s rivers is designated Wild and Scenic, according to the U.S. Forest Service website, and all of the designations are north of Santa Fe. The national average for the designations is one-quarter of one percent of the rivers in the United States.
The third resolution “opposes the designation of additional wilderness within Sierra County,” referring to the Cibola Forest Plan now being developed. A plan is supposed to be done every 15 years at a minimum. Cibola hasn’t done one for 34 years, since 1985.
There is a small portion of the Cibola Forest in the county, “but management of the forest touches the lives of almost every inhabitant,” the resolution states.
The wilderness designation limits further habitat removal and sale of federal land, while increasing federal purchase of land for conservation.
The Sierra County Commission is a member of the Southwestern County Commissioners Alliance, which also includes Soccoro, Grant, Catron, Hildago and Luna counties. According to Catron County Manager Bill Green, the Alliance has discussed federal conservation inroads in National Forest uses.
Catron County, according to Green, has passed resolutions similar to Sierra County’s.
Grant County was considering passing a resolution protesting the stopping of timber removal, but was satisfied with the court-order amendment, according to the Grant County Manager’s Office. Grant, in contrast to Sierra County, passed a resolution in favor of the Gila National Forest Wild and Scenic River designations.
The County may be gearing up for a court fight. The Commission hired the “NM/AZ Coalition of Counties for Economic Growth” to review “state and federal regulatory actions impacting land and wildlife management.”
The Coalition will potentially prepare, find funding for and direct litigation of court cases.
Any litigation will be funded “by amendment” of the contract. The county will pay $2,500 up front for one year of membership with the Coalition. Membership includes one voting member on the board of directors.