Federal Agencies

 

Big Sky Bison Battles Spell Trouble For Haaland — “While Interior Secretary Deb Haaland wants to restore more bison across the country, Yellowstone’s famous herd suffered through one of the deadliest winters on record, with the animals easy prey for hunters as they sauntered across the park’s northern border in search of food. During three years of mild winters, few bison migrated outside of the national park to escape deep snow, allowing the herd to swell to a record high of 6,000 in 2022. But more than 1,000 were harvested by hunters during the winter, and park officials expect the population to drop to as low as 4,800 in the next couple weeks. Rather than watch so many bison get slaughtered, Yellowstone officials would prefer to send more of the animals to Native American tribes or relocate them to other public lands, but it’s a tough sell for many ranchers in Montana who have little interest in the federal government’s plans to protect them. The long-running fights in Big Sky Country could portend troubles for Haaland’s plan to build up more herds of wild bison, which once freely roamed America’s prairies and played a vital part in the culture and sustenance of many tribes. There were as many as 60 million bison, or buffalo, across the United States until they were hunted almost to extinction in the 19th century. Haaland, the first Native American to serve as Interior secretary, said her agency will spend $25 million on the effort, which she characterized as key to revitalizing prairie grasslands and tribal life.” [E&E News, 3/22/23 (=)]

 

 

States & Local

 

Alaska

 

NPS Bear-Baiting Ban Triggers Alaska Native Opposition — “A National Park Service proposal to ban bear baiting by hunters in Alaska’s national preserves now catches Interior Secretary Deb Haaland between two of her natural political constituencies. While environmentalists, animals rights advocates and NPS veterans are backing the proposed ban, some Alaska Native organizations are weighing in on the other side. The conflict is the latest of its kind for Haaland, the first Native American to head the Interior Department, who recently has been involved in Alaska policy decisions where conservationists and Alaska Natives are on opposing sides, such as building a road through the Izembek National Wildlife Refuge. This week, the Native Village of Tazlina in the Copper River Valley added its voice to a debate that’s already drawn in more than 17,000 voices during a public comment period that runs through March 27. ‘The new rule will make it impossible for our family members, neighbors, and friends to engage in traditional subsistence activities approved by the State of Alaska,’ Tribal Administrator Marce Simeon stated in a letter filed Monday. The letter echoed arguments, often word-for-word, that were filed earlier in opposition to the ban by groups including the Native Village of Gakona and the Ahtna Intertribal Resource Commission. The latter is composed of eight federally recognized tribes and two Alaska Native corporations.” [E&E News, 3/22/23 (=)]

 

Arizona

 

Biden Admin Advances Ariz. Mine Over Tribal Outcry — “A lawyer for the Biden administration on Tuesday signaled that a controversial land swap in Arizona is likely to move forward in the coming months, paving the way for an Apache holy site to be developed into one of the nation’s largest copper mines. The Justice Department’s remarks, made during a rare rehearing before the 9th U.S. Circuit Court of Appeals, are the latest development in a case that’s attracted national attention around First Amendment and religious rights, as well as the tension between the preservation of tribal holy sites and the use of public lands for private profit. Joan Pepin, a DOJ attorney representing the Forest Service, told 11 judges of the 9th Circuit that the agency as early as this spring expects to reissue an environmental impact statement for the proposed Resolution Copper mine. Doing so, she said, would set in motion the required transfer of a 2,422-acre parcel known as Oak Flat, located east of Phoenix, to Resolution Copper Mining LLC within months. Resolution Copper, a joint venture of Anglo-Australian firms Rio Tinto and BHP, wants to develop the mine and estimates the low-grade ore below the site contains about 40 billion pounds of copper. ‘The prediction is for that EIS to be ready this spring,’ said Pepin. ‘We have to give 60-day notice of the issuance, and then the transfer must occur within 60 days of the issuance.’” [E&E News, 3/22/23 (=)]

 

Nevada

 

Nev. Governor Decries 'Federal Confiscation' Of Monument Lands — “Nevada’s congressional delegation, Native American tribes, local government leaders and conservation groups were ecstatic Tuesday after President Joe Biden designated the new, sprawling Avi Kwa Ame National Monument. Nevada’s recently elected Republican Gov. Joe Lombardo was not. Lombardo on Tuesday released a scathing statement bemoaning what he called the ‘federal confiscation’ of 506,814 acres of federal lands in southern Nevada considered sacred to Yuman-speaking Native American tribes. He claimed the White House ignored the concerns he tried to raise with them about establishing the monument. ‘Since I took office, the Biden White House has not consulted with my administration about any of the details of the proposed Avi Kwa Ame national monument which, given the size of the proposal, seems badly out of step,’ said Lombardo, who was elected in November. Lombardo said in his statement that when he heard Biden might designate the Avi Kwa Ame monument, ‘I reached out to the White House to raise several concerns,’ including what he termed the ‘potential for terminal disruption of rare earth mineral mining projects’ in the area. But a White House official disputed Lombardo’s claims that the Biden administration has ignored him. ‘We initially reached out to the governor’s office in January about protecting this tribal site, and our team spoke with the governor’s office yesterday as well,’ said the White House official, who was granted anonymity because they are not authorized to speak publicly on the matter.” [E&E News, 3/22/23 (=)]

 

New Mexico

 

10th Circ. Gives NM Tribe Title To National Preserve Site — “The Tenth Circuit on Wednesday granted the Pueblo of Jemez title to a portion of Valles Caldera National Preserve, where the New Mexico tribe has long claimed to have aboriginal property rights, ruling that the Jemez Pueblo have been active in the region for hundreds of years. The appeals court’s split decision giving the Jemez Pueblo aboriginal title to a site called Banco Bonito in part reverses a trial court ruling from September 2020 that kept the tribe from extending its land rights to within the caldera. In their majority opinion, two members of the Tenth Circuit panel said U.S. District Judge James O. Browning misapplied the criteria for determining if a tribe could claim aboriginal title to a certain place. That review does not, as Judge Browning held, strip the tribe of land rights simply because it didn’t prevent other Indigenous people from using the same area, they ruled. U.S. Circuit Judge Gregory A. Phillips, in writing for the majority, said Judge Browning ‘abused [his] discretion’ by tightening the standard for tribes to claim aboriginal title. Instead, that review turns on two questions, according to the Tenth Circuit: whether the tribe ever established such property rights by ‘actual, continuous, and exclusive use of the land for a long time,’ and whether it maintained those rights until trying to affirm them. Jemez Pueblo leaders, at a 2018 bench trial, demonstrated that the tribe did both regarding Banco Bonito, the appeals court ruled on Wednesday.” [Law360, 3/22/23 (=)]

 

Texas

 

Texas, Oil Industry Sue Biden Admin Over Prairie Chicken Protections — “New federal protections for an endangered species of prairie chicken would unnecessarily hamper cattle grazing and oil drilling in Texas and nearby states, according to lawsuits filed by the state and business groups. Texas Attorney General Ken Paxton and associations representing Permian Basin oil drillers and ranchers asked a federal court in Midland, Texas on Tuesday for an order vacating Endangered Species Act (ESA) protections for the lesser prairie chicken. The lawsuits challenging the U.S. Interior Department’s decision last year to protect the bird are the latest legal action in a decades-long fight over the small, gray-brown grassland grouse. ESA protections require developers to undergo a costly and sometimes lengthy federal approval process to ensure proposed projects in the bird’s habitat in Texas and several Midwestern states won’t significantly impact the species.” [Reuters, 3/22/23 (=)]

 

 

 

Responses to this email are not monitored.

 

Please contact Mitch Dunn (mitch@beehivedc.com) with clips related questions and comments  

 

Please contact Kimberly Gerbert (kgerbert@partnershipproject.org) with distribution related questions