Follow-up: County passes resolutions protesting federal-conservation inroads into national forests

by Kathleen Sloan | May 5, 2020
5 min read
The Sierra County Commission passed three resolutions that seek to limit the Endangered Species Act, the Wild and Scenic Rivers Act and further Wilderness designations in the Cibola and Gila National Forests. 

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. 

author
Kathleen Sloan is the Sun’s founder and chief reporter. She can be reached at kathleen.sloan@gmail.com or 575-297-4146.
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Understanding New Mexico's proposed new social studies standards for K-12 students

“The primary purpose of social studies is to help young people develop the ability to make informed and reasoned decisions for the public good as citizens of a culturally diverse, democratic society in an interdependent world.”
—National Council for the Social Studies 

Reader Michael L. Hayes of Las Cruces commented: What impresses me is that both the proposed standards and some of the criticisms of them are equally grotesque. I make this bold statement on the basis of my experience as a peripatetic high school and college English teacher for 45 years in many states with many students differing in race, religion, gender and socioeconomic background, and as a civic activist (PTA) in public education (My career, however, was as an independent consultant mainly in defense, energy and the environment.)

The proposed social studies standards are conceptually and instructionally flawed. For starters, a “performance standard” is not a standard at all; it is a task. Asking someone to explain something is not unlike asking someone to water the lawn. Nothing measures the performance, but without a measure, there is no standard. The teacher’s subjective judgment will be all that matters, and almost anything will count as satisfying a “performance standard,” even just trying. Students will be left to wonder “what is on the teacher’s mind?” or “have I sucked up enough.”

Four other quick criticisms of the performance standards. One, they are nearly unintelligible because they are written in jargon. PED’s use of jargon in a document intended for the public is worrisome. Bureaucrats often use jargon to confuse or conceal something uninformed, wrong or unworthy. As a result, most parents, some school board members and more than a few teachers do not understand them.

Two, the performance standards are so vague that they fail to define the education which teachers are supposed to teach, students are supposed to learn, and parents are supposed to understand. PED does not define words like “explain” or “describe” so that teachers can apply “standards” consistently and fairly. The standards do not indicate what teachers are supposed to know in order to teach or specify what students are supposed to learn. Supervisors cannot know whether teachers are teaching social studies well or poorly. The standards are so vague that the public, especially parents or guardians, cannot know the content of public education.

Three, many performance standards are simply unrealistic, especially at grade level. Under “Ethnic, Cultural and Identity Performance Standards”; then under “Diversity and Identity”; then under “Kindergarten,” one such standard is: “Identify how their family does things both the same as and different from how other people do things.” Do six-year-olds know how other people do things? Do they know whether these things are relevant to diversity and identity? Or another standard: “Describe their family history, culture, and past to current contributions of people in their main identity groups.” (A proficient writer would have hyphenated the compound adjective to avoid confusing the reader.) Do six-year-olds know so much about these things in relation to their “identity group”? Since teachers obviously do not teach them about these other people and have not taught them about these groups, why are these and similar items in the curriculum; or do teachers assign them to go home and collect this information?

Point four follows from “three”; some information relevant to some performance measures requires a disclosure of personal or family matters. The younger the students, the easier it is for teachers to invade their privacy and not only their privacy, but also the privacy of their parents or guardians, or neighbors, who may never be aware of these disclosures or not become aware of them until afterward. PED has no right to design a curriculum which requires teachers to ask students for information about themselves, parents or guardians, or neighbors, or puts teachers on the spot if the disclosures reveal criminal conduct. (Bill says Jeff’s father plays games in bed with his daughter. Lila says Angelo’s mother gives herself shots in the arm.) Since teacher-student communications have no legal protection to ensure privacy, those disclosures may become public accidentally or deliberately. The effect of these proposal standards is to turn New Mexico schools and teachers into investigative agents of the state and students into little informants or spies.

This PED proposal for social studies standards is a travesty of education despite its appeals to purportedly enlightened principles. It constitutes a clear and present danger to individual liberty and civil liberties. It should be repudiated; its development, investigated; its PED perpetrators, dismissed. No state curriculum should encourage or require the disclosure of private personal information.

I am equally outraged by the comments of some of T or C’s school board members: Christine LaFont and Julianne Stroup, two white Christian women, who belong to one of the larger minorities in America and assume white and Christian privileges. In different terms but for essentially the same reason, both oppose an education which includes lessons about historical events and trends, and social movements and developments, of other minorities. They object to the proposal for the new social studies standards because of its emphasis on individual and group identities not white or Christian. I am not going to reply with specific objections; they are too numerous and too pointed.

Ms. LaFont urges: “It’s better to address what’s similar with all Americans. It’s not good to differentiate.” Ms. Stroup adds: “Our country is not a racist country. We have to teach to respect each other. We have civil rights laws that protect everyone from discrimination. We need to teach civics, love and respect. We need to teach how to be color blind.”

Their desires for unity and homogeneity, and for mutual respect, are a contradiction and an impossibility. Aside from a shared citizenship, which implies acceptance of the Constitution, the rule of law and equality under the law, little else defines Americans. We are additionally defined by our race, religion, national origin, etc. So mutual respect requires individuals to respect others different from themselves. Disrespect desires blacks, Jews or Palestinians to assimilate or to suppress or conceal racial, religious or national origin aspects of their identity. The only people who want erasure of nonwhite, non-Christian, non-American origin aspects of identity are bigots. Ms. LaFont and Ms. Stroud want standards which, by stressing similarities and eliding differences, desire the erasure of such aspects. What they want will result in a social studies curriculum that enables white, Christian, native-born children to grow up to be bigots and all others to be their victims. This would be the academic equivalent of ethnic cleansing.

H.E.L.P.

This postmortem of a case involving a 75-year-old women who went missing from her home in Hillsboro last September sheds light on the bounds of law enforcement’s capacity to respond, especially in large rural jurisdictions such as Sierra County, and underscores the critical role the public, as well as concerned family and friends, can play in assisting a missing person’s search.

Reader Jane Debrott of Hillsboro commented: Thank you for your article on the tragic loss of Betsey. I am a resident of Hillsboro, a friend of Rick and Betsey, and a member of H.E.L.P. The thing that most distresses me now, is the emphasis on Rick’s mis-naming of the color of their car. I fear that this fact will cause Rick to feel that if he had only gotten the facts right, Betsey may have been rescued before it was too late. The incident was a series of unavoidable events, out of everyone’s control, and we will never know what place the correct color of her car may have had in the outcome. It breaks my heart to think that Rick has had one more thing added to his “what ifs” concerning this incident.

Diana Tittle responded: Dear Jane, the Sun undertook this investigation at the request of a Hillsboro resident concerned about the town’s inability to mount a prompt, coordinated response to the disappearance of a neighbor. From the beginning, I shared your concern about how our findings might affect Betsy’s family and friends. After I completed my research and began writing, I weighed each detail I eventually chose to include against my desire to cause no pain and the public’s right to know about the strengths and limitations of law enforcement’s response and the public’s need to know about how to be of meaningful assistance.

There was information I withheld about the state police investigation and the recovery. But I decided to include the issue of the car’s color because the individuals who spotted Betsy’s car emphasized how its color had been key to their identification of it as the vehicle described in Betsy’s Silver Alert. Because the misinformation was corrected within a couple of hours, I also included in this story the following editorial comment meant to put the error in perspective: “The fact that law enforcement throughout the state was on the lookout in the crucial early hours after Betsy’s disappearance for an elderly woman driving a “light blue” instead of a “silver” Accord would, in retrospect, likely not have changed the outcome of the search” [emphasis added].

I would also point to the story’s overarching conclusion about the inadvisability of assigning blame for what happened: “In this case, a perfect storm of unfortunate circumstances, many of them beyond human control, hindered the search that it would fall to Hamilton’s department to lead.”

It is my hope that any pain caused by my reporting will eventually be outweighed by its contribution to a better community understanding of what it will take in the future to mount a successful missing person’s search in rural Sierra County.

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