Showing posts with label Land Exchange. Show all posts
Showing posts with label Land Exchange. Show all posts

Tuesday, November 2, 2021

Grand County, Utah Public Lands Plan Fails to Address Watershed Issues - 2014

 


If Grand County, Utah goes forward with land use plans, the public could lose the view-shed at Delicate Arch - Click for larger image (http://jamesmcgillis.com)

Grand County, Utah Public Lands Plan Fails to Address Watershed Issues

According to a recent press release, the Grand County Council intends to hear comments on three alternative proposals for “long-term designations of public lands” in Grand County, Utah on April 23, 2014, with their “final” decision expected sometime after May 2, 2014.

Embedded in all three Grand County alternative plans are the Utah Recreational Land Exchange Act (URLEA) exchange parcels. All three Grand County proposed plans treat the URLEA as settled law. Despite its lack of legal acceptance, Grand County plans to use URLEA as the backbone for its own land use designations.

If SITLA and Grand County have their way, grasshoppers like this may soon appear in sensitive environments - Click for larger image (http://jamesmcgillis.com)As specified in my written protests to BLM, articles here and at MoabGas.com, I strongly disagree with the proposed “reverse land swaps” in Grand County. I call it a reverse land swap whenever the Utah School and Institutional Land Trust (SITLA) will receive land and mineral rights within Grand County. Such transfer of Grand County BLM land to SITLA encourages fossil fuel exploitation in Grand County, all under the guise of a “Recreational Land Exchange”.

If the BLM and Grand County Council make their land use decisions based on URLEA’s current “Exchange Agreement”, I will consider that neither BLM nor the public had an opportunity to hear my voice. Before Grand County enshrines URLEA in its land use documents, BLM should share my written protests with the Grand County Council. Until my written protests are accepted or rejected, they are germane to Grand County’s long-term land use decisions.

Under URLEA, Parcel 32 is grazing land. After Grand County enshrines the land swap, it will become mineral exploration and development land - Click for larger image (http://jamesmcgillis.com)On March 25, 2014, BLM closed its acceptance of written protests to URLEA. Before that date, I submitted two written protests to BLM. According to Ms. Joy Wehking of the BLM in Salt Lake City, mine were the only written protests received. The BLM protest period lasted forty-five days. On May 1, 2014, my written protests will be more than forty-five days old. A forty-five day protest period should also be the maximum time it takes BLM to answer my written protests. Fair for one is fair for all.

On April 15, 2014, I addressed Joy Wehking with my concerns about not receiving a reply from BLM regarding my written protests. This was her answer: “Because the decision for the Utah Recreational Land Exchange that you protested was signed by the BLM Utah State Director, your protest must be reviewed and responded to by the BLM's Washington Office. They have been provided with the relevant information and will be sending you a written response to your protest. As to when this may occur, I do not know".

Only public pressure on the Grand County Council will prevent a SITLA land-grab on Parcel 32 and others - Click for larger image (http://jamesmcgillis.com)From my previous articles, we know that the URLEA parcel exchange is flawed. For example, Parcel 32, adjacent to Canyonlands Field received a “grazing land” appraisal. Upon completion of the “reverse swap” conveyance, SITLA is on record with BLM that they plan to sell that parcel and its mineral rights to the private sector. If that happens, Moab visitors will likely find a petrochemical production and distribution facility intertwined with and dwarfing the Moab Airport.

The Grand County Council, which never saw a steer or an old energy extractionist that it does not like should start posting signs welcoming visitors to “Moab – The New Industrial Desert”.

For the past few years, Grand County resident Kiley Miller has kept her email contacts informed about assaults on the environment in Grand County. In her latest email (below), she lays out the stakes for all to see. The Grand County Council Public Lands Working Committee, recently proposed three alternatives for the future of public lands in Grand County. When the Grand County Council, loaded with “wild westers” appoints a committee to create land use plans, we can all expect the worst.

Under the Grand County land use plan, the road-less Book Cliffs will receive a mile wide tar sands transportation corridor - Click for larger image (http://jamesmcgillis.com)As Kiley miller said, “We expected bad, but this is far worse”.

Background: On April 9, 2014, the Grand County Council Public Lands Working Committee identified three alternatives, along with maps, for long-term designations of public lands in Grand County. A public meeting is scheduled for 6 pm Wednesday April 23, 2014 at the Grand Center to present the maps and to take public comments; the Grand County Council will accept written comments on the proposal until May 2, 2014.

Even the best alternative (Alternative #3) proposed by the Working Committee would roll back environmental protection in Grand County. Members of the County Council need to hear from you; the County must “GO BEYOND #3” and strenuously improve the Working Committee’s proposal.

All the alternatives ignored the public input that the county received. Of the 182 letters received by the Council from Grand County residents and business owners, nearly 90% favored strong wilderness and public lands protection.

Under proposed Grand County land use plans, the La Sal Range, and therefore, the Moab Valley watershed would receive no protection at all - Click for larger image (http://jamesmcgillis.com)And yet, the County’s best alternative (Alternative #3): Protects just over half (58%, or 484,446 acres) of the proposed wilderness in Grand County -- and then riddles that “protected wilderness” with ORV routes. The Working Committee decided that places like Porcupine Rim, Mary Jane Canyon, Fisher Towers, Goldbar Rim, the Dome Plateau, and most of Labyrinth, including Mineral, Hell Roaring, Spring, and Tenmile canyons, were unworthy of wilderness protection.
•  Would punch a hole through the heart of the Book Cliffs -- one of the largest remaining roadless areas in the lower 48 states -- to build a “Hydrocarbon Highway” for fossil fuels extraction. The county proposes a mile-wide “transportation corridor” (proposed as 2 miles wide in the other alternatives) to ship fossil fuels from the Uinta Basin and proposed tar sands mining in the Book Cliffs to dreamed-of refineries in Green River, or to the railway.
•  Leaves open to oil and gas drilling the entire view shed east of Arches National Park, including the world-famous view from Delicate Arch. The Working Committee rejected proposed wilderness areas east of Arches. This is the same area that caused a national uproar and sent Tim DeChristopher to prison when, in its the waning days, the George W. Bush Administration sold the famous 77 oil and gas leases. Under the county’s best proposal, leasing and drilling in that region may follow.
The proposed "Hydrocarbon Highway" in the roadless Book Cliffs may look like this in just a few years - Click for larger image (photo courtesy Kiley Miller)•  Allows oil and gas drilling and potash mining on the rim of Labyrinth Canyon (upstream from Spring Canyon). The lack of real protection in the greater Labyrinth Canyon area in all three proposals is a glaring and curious omission.
•  Supports continued off road vehicle abuse and offers zero concessions on ORV routes designated in the Bush-era BLM travel plan -- even though the planning of those routes likely failed to follow the law. The county would codify the BLM’s Bush-era route designations even though a federal judge recently set aside a nearly identical travel plan in the Richfield BLM office for failure to comply with legal mandates to protect archaeology, riparian areas and other natural resources. It is just a matter of time before the Court overturns the challenged Moab travel plan.
•  Fails to protect Moab’s watershed. There is no wilderness proposed for the La Sal Mountains on US Forest Service land. Destructive cattle grazing will continue.
•  Limits the use of the Antiquities Act in Grand County -- the same act that was used by three different Presidents to protect what is now Arches National Park.

Previous attempts to industrialize the desert at Moab resulted in billion dollar, taxpayer funded cleanup programs - Click for larger image (http://jamesmcgillis.com)Alternatives 1 & 2 are even worse. Both would impose a 2-mile wide transportation corridor for the Hydrocarbon Highway through the heart of the Book Cliffs. This is wide enough to build an entire city within the corridor. Alternatives 1 & 2 provide even less protection for Grand County’s proposed wilderness and less protection from oil & gas and potash development.

What you can do:

The Grand County Council needs to hear from you!
1. Please, call your council members at (435) 259-1342 and let them know they need to improve Alternative 3. This should be the beginning of the discussion in Grand County, not the end.
2. Attend the public meeting Wednesday, April 23rd at 6 pm at the Grand Center.
3. Send a letter to the Grand County Council before May 2nd:
Grand County Council
125 E Center Street
Moab, UT 84532

Also, send a copy of your letter to:
Mr. Fred Ferguson
Legislative Director, Rep. Rob Bishop
123 Cannon HOB
Washington, DC 20515


Thank you, Kiley Miller and the Southern Utah Wilderness Alliance (SUWA) for the above information.

Moab and Grand County, Utah now stand at a crossroad. On the old energy side of the road, sit the ranchers, miners and mineral extractors. On the new energy side of the road, sit outdoors people, environmentalists, botanists, photographers… and even a few Jeep owners, such as myself. If you care about the future of Moab, and are a “citizen” of this world, let the officials listed above know how you feel. Otherwise, do not be surprised when the industrial desert drowns out any serenity still present in Grand County, Utah.

 

 


By James McGillis at 04:54 PM | | Comments (0) | Link

Monday, November 1, 2021

The Utah Recreational Land Exchange Act of 2009 - A Study in False Advertising - 2014

 


Where the lines cross in the center of this map, provided by DeLorme, sits the infamous Parcel 32 - Click for larger image (http://jamesmcgillis.com)

The Utah Recreational Land Exchange Act of 2009 - A Study in False Advertising

In late March 2014, the Utah Recreational Land Exchange Act of 2009 (URLEA) will become law. In a previous article, I discussed the final agreement between the Bureau of Land Management (BLM) and the Utah State Institutional Land Trust (SITLA). Both my article and my written protest to the BLM pointed out significant errors in the official Appraisal of at least one exchange parcel. Unless sufficient changes are made to the Agreement, a Greater Canyonlands National Monument in Grand County will become a wish of the past.

Natural gas transmission lines before burial near the road to Dead Horse Point State Park, courtesy Kiley Miller - Click for larger imageParcel 32, in direct contradiction to the expressed spirit of the Utah Recreational Land Exchange Act of 2009 (URLEA) is destined to become part of SITLA land holdings in Grand County. According to BLM contact Joy Wehking, SITLA is on record that they plan to sell all of their new Grand County land holdings to private interests. Currently, Parcel 32 has two petrochemical pipelines, U.S. Highway 191, a county road and the Potash Branch of the Union Pacific Railroad running through it.

To me, it seems obvious that Parcel 32 is destined for chemical extraction, storage and transportation. According to URLEA documents, the appraisal firm of Cushman & Wakefield’s responsibility was to assess mineral rights on exchange parcels. The catch is that Cushman & Wakefield was to appraise mineral rights only on parcels previously identified by SITLA or the BLM as containing them. In my estimation, Cushman & Wakefield erroneously assessed the “highest and best use” of Parcel 32, calling it grazing land. If Parcel 32 is destined for petrochemical development, there is an obvious disconnection between SITLA, BLM and the Cushman & Wakefield Appraisal.

Natural gas transmission pipes soon to be laid beneath Utah State Highway 313, courtesy Kiley Miller - Click for larger imageWhen proposed by U.S. Rep Jim Matheson (D-Utah) in 2009, the core concept of the URLEA was to convey environmentally sensitive and recreational land in Grand and San Juan Counties from SITLA to BLM control. In return, SITLA was to receive Uintah County land of equal value, but with a high potential for mineral extraction.

When the Appraisal was complete, Cushman & Wakefield appraised Corona Arch as if it were prime resort property and Parcel 32 as if it were barely fit for range cattle. Consequently, Utah/SITLA withdrew 20,000 acres, valued at $10 Million from the land exchange. From those obvious errors alone, BLM should void the URLEA agreement and reappraise all properties according to their probable use. Otherwise, Corona Arch will remain a natural wonder at the end of a footpath and Parcel 32 will become the hub of petrochemical development and transportation in Grand County. To see the negative impact of creating an "Industrial Desert", one needs only to look at the crippled Brightsource Energy project in California's Ivanpah Valley, near Primm, Nevada.

Dust suppression, Grand County style. Unbridled petrochemical exploration and transportation in what should be Greater Canyonlands National Monument may spell its doom, courtesy Kiley Miller - Click for larger imageAfter reflecting on the problems with the appraisal of Parcel 32, I decided to look at two other parcels destined for a similar URLEA “reverse exchange”. Focusing on Parcel 33 in Grand County and Parcel 34 in San Juan County, I discovered immediate issues. Parcel 33 contains approximately 69 acres and Parcel 34 consists of 170 acres.

In order to learn more about the parcels in question, I turned to the (final and official) "Decision Record Signed" and the "Exchange Agreement", as published on the internet. According to Page 7 of 9, “Exhibit B - Utah Recreational Land Exchange – Federal Lands and Interests to be Conveyed”, Parcel 33 contains a “road”, reserved in perpetuity. In the same document, on Page 9 of 9, both parcels are located “Behind the Rocks”. Each parcel contains a “Federal Grazing Allotment” issued to one “Kenneth Bates”. In the "Signed" Decision Record, I was shocked to find that Parcel 33 and 34 were Appraised as having a highest and best use of "Residential". After seeing how SITLA and BLM had treated Parcel 32, I was dubious.

Old Energy petrochemical and extraction companies would have us believe that they leave essentially no footprint on the land - Click for larger image (https://jamesmcgillis.com)If not for some form of mineral development, why would this SITLA and BLM “reverse exchange” include open grazing land, appraised as "Residential"? Is it "over the top" to think that SITLA plans to sell these former undeveloped pastures as "estate lots", intended for retired BLM or SITLA board members? Or is some Old Energy company planning to test stealth drilling rigs (see images) that can "hover and extract" without ever touching the land? If not, those parcels should remain open land, not some rich person's hideaway mansion surrounded and protected from encroachment by BLM land. Any way you look at it, the conveyance of Parcels 33 and 34 into private hands reeks of undue influence, old-boy networking and backroom politics. Please, BLM and SITLA, help me restore my trust in our public institutions. Prove me wrong.

The sad fact is that we may not soon know what BLM and SITLA have planned for these remote pastures. As published on the internet, “Exhibit B - Utah Recreational Land Exchange – Federal Lands and Interests to be Conveyed” is missing two critical pages. Both Pages 6 of 9 and 8 of 9 are missing from the BLM website and therefore, from the general public record. Based on the sequence of information offered on the existing published pages, it is logical to assume that each of the two missing pages may contain information pertinent to Parcels 33 and 34. Like the disappearance of Moab's mythical hovering drill rigs, they have vanished overnight.

As this Moab Rockart panel depicts, the Ancients had access to information on wind and solar energy. Why, after thousands of years since their carving can we not see the wisdom of keeping Greater Canyonlands in as natural a state as possible? - Click for larger image (http://jamesmcgillis.com)I am not a conspiracy theorist, but the missing and obfuscated information regarding URLEA Parcels 32, 33 and 34 is too much to ignore or to sweep under the rug. My questions are these. Who made the heretofore unmentioned agreement to convey any lands in Grand and San Juan Counties from BLM to SITLA? Who decided that the parcels in question were to be assessed as “grazing land” or "residential", when in at least the case of Parcel 32, that is obviously not true? Why are two critical pages of the legal Agreement missing from the public record? Why is any Grand County or San Juan County land conveyed to BLM or SITLA in a “recreational land swap” subject to subsequent sale and development of its mineral content? Is it just me, or does such an outcome directly contradict the spirit, if not the letter of this law?

The BLM deadline for written protests to any aspect of the Utah Recreational Land Exchange Act (URLEA) is March 24, 2014. Even if you read this article after that date, it is appropriate to fax your protest to: (801) 539-4237. You may protest by U.S. Mail to: UNITED STATES DEPARTMENT OF THE INTERIOR, Bureau of Land Management (BLM) Utah State Office, 440 West 200 South, Suite 500 Salt Lake City, Utah 84101-1345. Since it is obvious that BLM and SITLA need to reassess the URLEA, I am sure that your comments will not be ignored.



 


By James McGillis at 05:10 PM | Environment | Comments (0) | Link

Utah Recreational Land Exchange (URLEA) Defies Spirit of the Law - 2014

 


Unless BLM stops the SITLA land-grab of Parcel 32, the Utah Recreational Land Exchange should be null and void - Click for larger image (http://jamesmcgillis.com)

Utah Recreational Land Exchange (URLEA) Defies Spirit of the Law

The legislative legacy of Rep. Jim Matheson (D-Utah) rests with the Utah Recreational Land Exchange Act (URLEA) of 2009. At that time, the bill received accolades from both the Southern Utah Wilderness Alliance (SUWA) and the Grand Canyon Trust. In 2009, the bill received unanimous approval by the U.S. House of Representatives and passed the U.S. Senate. In 2009, an executive summary of the bill stated, “H.R. 1275 (now Public Law 111-53-Aug. 19, 2009) would authorize the exchange of approximately 41,000 acres of land owned by the State of Utah and approximately 46,000 acres of U.S. federal land. Under the bill, the Secretary of the Interior would be required to accept the exchange if it is offered by the State.”

Although the Utah Recreational Land Exchange was supposed to protect more of Greater Canyonlands, Parcel 32 adjacent to Canyonlands Field may soon look like this drill rig near Salt Valley in Grand County - Click for larger image (http://jamesmcgillis.com)The exchange was to be an “equal value” land swap between the Utah School and Institutional Trust Lands Administration (SITLA) and the federal Bureau of Land Management (BLM). In concept, The BLM would receive prime recreational acreage around Moab and throughout Grand County. SITLA, on behalf of the State of Utah, would receive prime mineral extraction lands in Uintah County. Upon development of mineral rights in Uintah County, all of Utah’s school districts would receive benefit of payments from the interest and mineral royalties accrued to SITLA.

According to a recent posting on the BLM website, “The BLM will acquire 58 parcels with high conservation and recreation value, totaling 25,034 acres, primarily in Grand County. These parcels will expand the BLM backcountry with world-class recreation sites like Corona Arch and Morning Glory Arch. This exchange will improve the quantity and quality of recreational experiences for visitors to public lands and waters managed by the BLM. The State will acquire 34 parcels with high mineral development potential, totaling 35,516 acres, primarily in Uintah County. The state expects development of these high potential parcels to boost public school funding across Utah.”

The Utah Recreational Land Exchange (URLEA) has a "dirty little secret" - that large swaths of Uintah county may soon be subject to oil shale and tar sands mines like this unidentified wildcat operation near Salt Valley in Grand County, Utah - Click for larger image (http://jamesmcgillis.com)By titling their URLEA webpage the “Utah Recreational Land Exchange”, the BLM makes the agreement sound like a “win – win” situation for all concerned. Tourists will see a bit more protection for Greater Canyonlands, near Moab. Schoolchildren throughout the state will see school funding rise by an undetermined amount. Regarding the URLEA, BLM declared a “Finding of No Significant Impact” (FONSI). Thus, according to BLM, an acreage exchange totaling 60,550 acres is not a “major federal action” and “will not significantly affect the quality of the human environment”.

Uintah County, as well as the State of Utah, takes its name from the portion of the Ute Indian tribe that lived in the Uintah Basin. Among the 32,588 residents of Uintah County, the URLEA FONSI statement might raise a few eyebrows. Whether it is air pollution or water pollution, Uintah County has been the dumping ground for “the unwanted” since the mid nineteenth Century. Today, Uintah County features the most significantly degraded environment in the State of Utah. In fact, the degradation of both the human and natural environments of Uintah County is legendary.

Unlike Parcel 32 and all of the Uintah County parcels included in the Utah Recreational Land Exchange, this aerial view shows Corona Arch, which would be protected by the URLEA - Click for larger image (http://jamesmcgillis.com)Unlike most of Utah, Mormons did not settle Uintah County. In 1861, Brigham Young sent a scouting party to the Uintah Basin and received word back the area was “good for nothing but nomad purposes, hunting grounds for Indians and to 'hold the world together'". That section of country lying between the Wasatch Mountains and the eastern boundary of the territory, and south of Green River country, was “a vast contiguity of waste and measurably valueless”. Young made no further effort to colonize the area. Instead, he decided to send Ute Indians there.

That same year, President Abraham Lincoln created the Uintah Indian Reservation, thus beginning the relocation of many Utah and Colorado Indians to the Uinta Basin. In the 1880s, the federal government created the Uncompahgre Reservation (now part of the Uintah and Ouray Reservation) in the southern portion of Uintah County. The Uintah and Ouray Indian Reservation comprise a significant portion of west Uintah County. There is relatively little private land in the county.

Landscape Arch, which in 1991 shed a large slab of its structure, is vulnerable to potential drilling and hydraulic fracking on URLEA Parcel 32, less than five miles away - Click for larger image (http://jamesmcgillis.com)Uintah County's economy is based on extracting natural resources, including petroleum, natural gas, phosphate, and uintaite, which is a natural asphalt more commonly known by its trade name, Gilsonite. In the 1860s, Samuel H. Gilson initiated mineral extraction in Uintah County. In the early twentieth century, Gilsonite became the base for the black paint on Henry Ford’s Model T automobiles. In the early twentieth century, coal was the focus of mineral exploitation. Although now defunct, the Dyer Mine, Little Water Mine and Uteland Mine each laid waste to lands within Uintah County. Today, the county features branch offices of several petrochemical companies, including Halliburton and Schlumberger.

The February 2014 URLEA Decision of Record states, “The overwhelming majority of the non-Federal lands in the exchange are within areas designated through the land use planning process for special management for conservation and recreational purposes.” What that document does not say is that the overwhelming majority of the Federal lands in the exchange are within areas designated “Open” for oil, gas and tar sands development. Even so, the BLM FONSI statement ignores the potential impact by saying that mineral extraction on over 35,000 acres in Uintah County “will not significantly affect the quality of the human environment”.

With unbridled mineral exploration and production, will Greater Canyonlands National Monument experience the same fate as these classic road signs? I found them broken and dumped near U.S. Highway 191 North - Click for larger image (http://jamesmcgillis.com)In Grand County, with its Arches National Park, Canyonlands National Park and the now endangered Greater Canyonlands, the BLM paints a rosy picture of tourist dollars enhanced by the transfer of SITLA lands to BLM stewardship. On their webpage, they say, “Nearly six million annual visitors recreating on Utah’s public lands have boosted local economies and contributed to community job growth through recreation tourism. Public lands managed by the BLM in Utah contribute significantly to the state’s economy and, in turn, often have a positive impact on nearby communities. In fact, recreation on BLM-managed lands in Utah provided $490 million in local and national economic benefits in 2012.”

Again, if we look deeper, the picture is not so clear. In July 2013, Cushman & Wakefield completed the Appraisal reports for the Federal and non-Federal lands identified in the URLEA. The reports included a mineral evaluation of the exchange parcels "previously screened and identified by the State and the BLM" as having potential mineral values. Thus, if neither SITLA or BLM had previously identified the mineral resources on a given parcel, the Appraisal ignored the value of any minerals present. In fact, the Appraisal found that BLM would “experience a net gain of lands with potential for potash and sand and gravel and a net loss of lands with potential for oil and gas and tar sands”. Therefore, as SITLA and Uintah County experience a net gain of lands with potential for oil and gas and tar sands, BLM and Grand County will receive several natural arches and other sensitive sites, plus the potential for more new sand, gravel and potash mining.

In 2012, the Spirit of Hatch Point looked out on a timeless expanse. By 2014, his view included potash drilling rigs - Click for larger image (http://jamesmcgillis.com)In 2013, BLM claimed that it had no choice but to issue permits for potash exploration near the Hatch Point Anticline Overlook. If the Moab District Resource Management Plan Map (RMP) designated an area as “Open”, BLM said it was obligated to issue the exploratory drilling permits. Other questionable acts by the Moab BLM Field Office include the 2013 issuance of a commercial filming permit in the Desolation Canyon Wilderness Study Area. Apparently, the local BLM office saw filming of a “MythBusters” television episode as being wholly compatible with “wilderness study”.

At Hatch Point, in what had been an undisturbed, spiritual environment, drill rigs now dot the landscape. Each mineral exploration foray into Greater Canyonlands lessens the future chances of creating a Greater Canyonlands National Monument. If the extraction companies can lay waste to sufficient territory, they can effectively destroy the undisturbed environment necessary for national monument status. Meanwhile, the Moab BLM Field Office stands ready to issue permits for filming and mineral extraction on an expedited basis.

Like this sign at Lion's Club Park, Moab's history of environmental degradation will accelerate with the transfer of URLEA Parcel 32 to SITLA control and sale to the highest bidder - Click for larger image (http://jamesmcgillis.com)Other than brief a mention on Page Seven of the URLEA Decision Record, there is no indication of where in Grand County those "sand, gravel or potash" resources lay. If the sand, gravel and potash deposits mentioned in the URLEA are in areas designated as “Open”, we can expect to see a boon in BLM permits issued for their immediate exploration and extraction. In the case of Hatch Point potash, the Moab BLM Field Office has already demonstrated blind allegiance to its own Resource Management Plan.

Under URLEA, we can expect any "Open" lands transferred to BLM purview to become immediately available for mineral exploration. In Moab, once exploration begins, it is only a matter of time before exploitation follows. That outcome would be in direct opposition to both the spirit and the letter of this law. Each parcel conveyed from SITLA to BLM should contain stipulations that include no future mineral development. Only then shall we see an actual increase in protection for Greater Canyonlands.

Enhanced Google Map shows the approximate location of URLEA Parcel 32, now destined for transfer to SITLA and conversion to private property, most likely ending up as a petrochemical production facility or a commercial development - Click for larger image (http://jamesmcgillis.com)A major premise of the URLEA is that the land exchange between Utah (SITLA) and the BLM shall be of "equal value". If that is true, how can 25,034 acres of non-Federal lands with largely recreational or environmental uses be equal in value to 35,516 acres of Federal lands targeted for mineral extraction? Grand County itself is going through a binge of land clearing and drilling activity unseen since the days of Charlie Steen, the "Uranium King".

In their official Appraisal, Cushman & Wakefield valued each parcel according to its “highest and best use”. Even with 198 parcels included in the URLEA Appraisal, BLM contact Joy Wehking at the BLM-Utah State Director's office told me that representatives of Cushman & Wakefield visited every site. Upon returning to their offices, correlating their field observations with the existing parcel descriptions was a daunting task. Despite their apparent best attempt, or perhaps because both BLM and SITLA failed to identify its mineral potential, Cushman & Wakefield missed badly on at least Parcel 32.

Construction of a new parking lot at Canyonlands Field, Moab, Utah could offer new access to URLEA Parcel 32 soon after transfer to SITLA ownership - Click for larger image (http://jamesmcgillis.com)According to all the positive publicity, the intention of the URLEA is to preserve and enhance recreation and to protect environmentally sensitive lands in Grand County. That such preservation and enhancement comes at the expense of an underrepresented rural county to the north is URLEA's “dirty little secret”. In Nevada, there is a secret place called “Area 51”, which is wrapped in myth and mystery. In Grand County, URLEA “Parcel 32” is equally mysterious. In a counter-intuitive move, the BLM proposes to transfer a prime Grand County parcel to SITLA. Once it becomes part of SITLA lands, Utah can then lease it to the highest bidder or sell it outright.

According to URLEA maps and documents, Parcel 32 consists of 352 acres of Federal land adjacent to Canyonlands Field (Moab Airport). The “Oil and Gas Leasing Stipulations” for Parcel 32 are “Open Subject to Standard Stipulations”. Despite its obvious potential for commercial or petrochemical development, Cushman & Wakefield appraised the “highest and best use” of
the entire parcel as “grazing land”. According to URLEA documents, Alan Swenson, Russell Stansfield and Fred Hunzeker do hold a grazing permit named “Bigflat-Tenmile”, but for only eighty of the 352 acres. That grazing permit expires in 2018. Elsewhere, in the URLEA section titled “Interests to be Conveyed or Reserved”, Parcel 32 reserves (and contains) county and U.S. highways and Union Pacific rail access, as well as a Fidelity Exploration & Union Pacific Railroad Engine 6475 transports empty cars along the Potash Branch Lione near URLEA Parcel 32 - Click for larger image (http://jamesmcgillis.com)Production Co. “pipeline” and a Pacific Energy and Mining Company (PEMC) “gas pipeline”. Despite its “Open” status for oil and gas leasing, by identifying it as grazing land, Cushman & Wakefield erroneously appraised Parcel 32 as being worth only $780,000.

Other than the transportation interests in the property, what do we know of the current occupants of Parcel 32? Recently, Fidelity Exploration began increased culinary water purchases from the City of Moab, ostensibly for use on their rapidly expanding gas field near Dead Horse Point. Moab City Manager Donna Metzler says the amount of water the town sells to drillers is “not a big hit on the system,”. Metzler went on to say, "I don’t know exactly where they take the water. I don’t know exactly what they’re using it for... You would expect a small motel to use about that much water."

For their part, Pacific Energy, is one of the more secretive oil and gas operations in Grand County. Although they do have a website, it is identified only by their internet URL address, not the name of the company. Although their website looks professional enough, the PEMC "Oil" webpage links to a Chevron Oil Company "Crude Oil Marketing" webpage. The PEMC "Investors" webpage links to a Yahoo Finance stock listing for the company.
Recent road and parking lot construction at Canyonlands Field ends near the property line at URLEA Parcel 32, which is scheduled for sale to the highest bidder once it becomes part of Utah/SITLA owned land - Click for larger image (http://jamesmcgillis.com)Listed as "Over the Counter - Other", in the past year, PEMC has traded at between one cent per share and $.35 per share. Its latest close, on February 3, 2014 was three cents. Most stocks that I watch do not fluctuate by 350% in a single year. In any event, PEMC looks like a penny stock that is ripe for speculation.

Had Cushman & Wakefield appraised Parcel 32 for its potential as an oil and gas production site, or as a railroad and highway terminal or transfer-station for two of the largest oil and gas producers in Grand County, its value could have gone as high as $10 million. Not ironically, over 20,000 SITLA-owned acres, which were valued at $10 million, recently disappeared from the land swap in order to adhere to the “equal valuation” clause of the agreement.

If the current version of URLEA becomes law, what will future airline passengers and motorists see as they approach Moab from the north? As early as 2019, if the Moab BLM Field Office holds to their own Management Resource Plan, visitors can expect to see a 352-acre petrochemical production facility adjacent to Canyonlands Field. Based on its existing
The current BLM Oil & Gas Leasing Map shows URLEA Parcel 32 as "Open" for exploration - Click for larger image (http://jamesmcgillis.com)Management Resource Plan, and the BLM Moab Field Office's history of granting any and all conforming mineral exploration permits, the last chance to stop exploitation of Parcel 32 is to either remove it from the land swap or force SITLA to pay "equal value" as indicated by its potential for commercial or petrochemical development.

According to BLM contact Joy Wehking, SITLA is on public record that they plan to convey Parcel 32 into as yet undetermined private ownership. "It is the price we have to pay", she added. If the underlying premise of the URLEA is an "exchange of equal value", why should "we, the people" pay anything to assist private development of land designated by the URLEA as "cattle grazing land"?

Unless the BLM receives hard-copy, written protests prior to the close of comments on March 24, 2014, URLEA Parcel 32 will soon thereafter transfer to Utah/SITLA at a grossly undervalued price. If my evaluation is correct, SITLA should immediately reintroduce the remaining 20,000 acres originally targeted for inclusion in the land swap. Only with the inclusion of all $10 million worth of non-Federal parcels recently withdrawn, can the BLM claim that URLEA represents an "exchange of equal value". If SITLA refuses a fair appraisal for Parcel 32, BLM could void the URLEA and produce the Environmental Impact Study (EIS) that it should have conducted in the first place.

The URLEA Appendices Map of Parcel 32 clearly shows it as Federal Land, "Open" to mineral exploration - Click for larger image (http://jamesmcgillis.com)As of this writing, it is too late for "comments". Even sending an email to BLMwill not help. The only action that will halt this land-grab is if "interested parties submit written protests to the BLM-Utah State Director". Sadly, the BLM webpage for URLEA does not include the mailing address of the BLM-Utah State Director. During a telephone call to BLM contact Joy Wehking, she informed me that the appropriate mailing address is listed at the top of the "Notice of Decision" page.

Since the BLM did not see fit to put that address on their main URLEA webpage, I will publish it here: Attn. Joy Wehking, United States Department of the Interior, Bureau of Land Management (BLM), Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, Utah 84101-1345. Ms. Wehking informed me by telephone that as of March 7, 2014, no written protests to URLEA were then on file. With my mailing a copy of this document to her, that situation will soon change.


By James McGillis at 10:46 AM | | Comments (0) | Link