 
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.”
 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.
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.”
 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”.
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
 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.
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.
 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.
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”.
 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.”
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 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”.
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.
 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.
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.
 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".
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.
 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 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 &  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.
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.  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.
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  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.
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. 
 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.
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.