BLM/SITLA - Subterfuge and Obfuscation Exposed in Parcel-32 Land Exchange
Early in his first term, President Obama signed into law the Utah Recreational Land Exchange Act (URLEA)
of 2009. Its full title was, “To direct the exchange of certain land
in Grand, San Juan, and Uintah Counties, Utah, and for other purposes.”
At that time, few people realized that the phrase, “and for other
purposes” would subvert the publicly avowed intention of that bill.
If you read the official Library of Congress Summary of the enabling legislation, its wording is straightforward. It authorizes an exchange of federal lands for state owned lands within certain Utah Counties: 8/5/2009 - Public Law [Summary].
In its “Protest Dismissed” document, BLM dismissed my protest of Parcel 32 valuation as “grazing land”. To quote that document, it stated, “The EA disclosed the current and future anticipated use of Federal Lands by SITLA. The uses identified for (Parcel 32) include: Current/grazing and wildlife habitat; Future/continued grazing use for intermediate term; possible light industrial use in future.” Without citing any corroborating appraisal documents, BLM stated that their process took "future potential development into
In its “Protest Dismissed” document, BLM writes that, “Environmental Assessment No. DOI-BLM-UT-9100-2013-001-EA (EA), completed in March 2013 (emphasis mine) in support of the exchange action, disclosed mineral leasing and development as the projected (sic) on many of the parcels the SITLA would acquire. The “EA”, made available for public review and comment via BLM’s Electronic Bulletin Board (EBB) in April 2013, addressed the potential impacts to resources associated with mineral development, and did not disclose any significant impacts associated with the proposed exchange.”
1. Contrary to BLM’s dismissal, the “EA” was not “completed in March 2013”. In fact, the “public review/commentary period” did not start until 4/22/13. In fact, the EBB web page states; “4/01/2013: Environmental Assessment Being Prepared [BLM]”. Elsewhere on the same page, it states; “12/30/2013: EA Completed [BLM]”.
2. Farther on in its dismissal, BLM claims that the “EA”, as posted on the BLM EBB in April 2013; “addressed the potential impacts to resources associated with mineral (emphasis mine) development”. Concluding, the "EA" “did not disclose any significant impacts associated with the proposed exchange”.
4. As referenced on the BLM EBB web page, the much vaunted “EA” was not completed until; “12/30/2013: EA Completed [BLM]”. Nine months prior to the publication of the “EA”, did BLM already know that it would “not disclose any significant impacts associated with the proposed exchange”? If the reader click’s the link to the final “EA” document at the bottom of the BLM EBB web page, the resulting Environmental Assessment is dated September 2013.

In the conclusion of its “Protest Dismissed” document, BLM states, “A protestor bears the burden of establishing that the BLM premised a decision on a clear error of law, error of material fact, or failure to consider a substantial environmental question of material significance. The protestor has not met this burden in this instance”.
Although I cannot claim that BLM has committed a “clear error of law”, its inaccuracy and the conflicting publication dates associated with the “EA” represent a multifarious “error of material fact”.
Do not forget the bargain price of just over $2000 per acre that SITLA exchanged for unique and now pre-sanctioned industrial land. As of this writing, the Grand County Council plans to use the final URLEA “Exchange Agreement” as the basis for future resource and land use planning. As such, BLM’s designation of “future light industrial use” on Parcel 32 may well create its own self-fulfilling prophecy.
As for the Grand County Council, its current makeup is stacked in favor of every possible form of mineral and industrial development. In May 2014, when the Exchange Agreement became federal law, the Grand County Council found its perfect foil. In July 2014, the council refused to disavow a planned “Hydrocarbon Highway” through the ancient and sacred sites at Sego Canyon. In its quest to pave Sego Canyon and to rezone Parcel 32 from “grazing” to “light industrial”, the Grand County Council now cites “federal law” as its legal precedent.
By James McGillis at 05:47 PM | | Comments (0) | Link