Public Lands Clips: December 6, 2023

 

White House

 

Biden To Sign Executive Order Improving Tribal Access To Federal Funds — “President Biden is set to sign an executive order Wednesday aimed at making it easier for tribal communities to access federal funding. The order, which Biden will sign as part of the 2023 White House Tribal Nations Summit, will overhaul the mechanism for the federal government’s support of tribal nations, Biden administration officials said on a call with reporters. The order is meant to remedy past federal policies that they described as ‘attacks on Native people’s basic rights to self-governance.’ Despite efforts to reverse these issues that began in the 1970s, officials said, numerous bureaucratic hurdles remain in place for tribal nations seeking to access federal funding. The Wednesday executive order is intended to better align such funding with the Indian Self-Determination and Educational Assistance Act, a 1975 statute that allowed federal departments to contract with tribes. The administration has also launched a database through the federal Bureau of Indian Affairs outlining all available tribal federal funding.” [The Hill, 12/5/23 (=)]

 

Biden Executive Order Boosts Federal Funding, Increases Autonomy For Tribal Nations — “President Joe Biden will sign an executive order on Wednesday to reform how the government supports tribal nations in an effort to give Native Americans more control over the federal funds they receive to uplift their communities. The primary goal of the order is to address historical challenges faced by tribal nations in accessing federal programs, aiming to make government funds more accessible, flexible and equitable, the White House said. The action aims to boost tribal economies and support future generations of Native citizens by setting up policies to create more financial autonomy for Natives, as well as additional room for self-governance, with the hope of allowing tribes to take increased ownership of their needs and services. ‘The last 50 years has proven that a strong tribal nation is the most important factor in ensuring the economic, political, and cultural well-being of Native people,’ the White House said. ‘The Executive Order affirms that Tribal self-governance is about the fundamental right of a people to determine their own destiny and to prosper and flourish on their own terms.’” [UPI, 12/6/23 (=)]

 

Interior Lauds Tribal Land Buyback Program And Urges More — “The Interior Department reports it spent $1.69 billion over 10 years on a tribal land buyback program that overcame some rocky times and now inspires hopes for continued follow-up. In a detailed wrap-up and self-assessment released on the eve of this week’s White House Tribal Nations Summit, Interior touted the buyback program’s achievements in consolidating and restoring to tribal trust ownership of nearly 3 million acres in 15 states. ‘The checkboard system of land ownership on many reservations historically left communities and landowners unable to make basic decisions about their homelands,’ Interior Secretary Deb Haaland said in a statement. ‘The land buy-back program’s progress puts the power back in the hands of Tribal communities to determine how their lands are used, from conservation to economic development projects.’ Funding for the land buyback program ended in November 2022. Over the past year, Interior officials have concluded that land consolidation efforts should continue, guided by some lessons learned from the prior buyback program.” [E&E News, 12/5/23 (=)]

 

 

Congress

 

House

 

Stock Taking — “The House Natural Resources Committee this morning will mark up a bill, H.R. 6009 (118), that would block the Bureau of Land Management’s proposed increase in the royalty payments that companies would pay for oil and natural gas produced on federal land. The hearing comes as at least two members of the committee, including Chair Bruce Westerman (R-Ark.), have financial stakes in companies that would directly benefit from the measure coming to naught. A committee spokesperson did not immediately respond to whether Westerman planned to recuse himself given that his financial disclosure form shows him owning up to $50,000 worth of Blackrock’s iShares Global Energy ETF. The exchange-traded fund consists mostly of shares in Exxon, Chevron, Shell, and other oil-related companies that have operations on federal land. And as ME reported earlier, GOP Rep. Harriet Hageman also owns stocks in oil companies and shares in oil production projects in her home state of Wyoming. Government watchdog group Accountable.US, which flagged the holdings of both lawmakers, blasted the idea of lawmakers voting on regulations that could directly benefit the companies whose shares they own. ‘Bruce Westerman should recuse himself from this vote or sell that stock if he wants to be taken seriously as a responsible leader in his caucus,’ Accountable.US spokesman Chris Marshall said in an email.” [Politico, 12/6/23 (=)]

 

Republicans Blast ‘Whack Jobs' For Cutting Park Air Tours — “Republicans on a House Natural Resources panel assailed the National Park Service on Tuesday for reducing the number of air tours allowed over national parks, saying the move threatened to deny public access to millions of Americans. At a hearing before the Subcommittee on Oversight and Investigations, Rep. Troy Nehls (R-Texas) called the agency’s air tour management plans ‘horrible.’ ‘How are you going to get over the Grand Canyon and other places?’ he asked. ‘I think it’s shameful. What about putting America first? The environmental whack jobs have totally destroyed this country.’ Over the past several years, NPS has worked with the Federal Aviation Administration to limit or ban air tours at certain sites. Supporters say the action will help quiet the skies at busy sites. Democrats have generally backed limiting air tours, but Republicans have said such limits harm tour companies and restrict access.” [E&E News, 12/6/23 (=)]

 

House Panel Sets Markup On Alaska Drilling, Geothermal — “The House Natural Resources Committee will vote Wednesday on legislation to reverse the Biden administration’s cancellation of oil development rights in the Arctic National Wildlife Refuge. The bill, H.R. 6285, ‘Alaska’s Right to Produce Act,’ also seeks to prevent a proposed rule to limit oil and gas leasing on 13 million acres of the National Petroleum Reserve. ‘The Biden Administration’s decision to take these resources offline without consulting with the Alaska Native communities most impacted by this decision has had terrible repercussions for the state of Alaska and the entire United States, including a loss in jobs and higher energy costs,’ said Energy and Mineral Resources Subcommittee Chair Pete Stauber (R-Minn.) last week. The administration’s actions have drawn the ire of all Alaska lawmakers in Congress, including Democratic Rep. Mary Peltola, who supports Stauber’s bill. ‘I am deeply frustrated by the reversal of these leases in ANWR. … I will continue to advocate for permitting reform that includes predictable timelines from the federal government, which must be a reliable partner in leasing and developing our resources,’ said Peltola in a September statement.” [E&E News, 12/6/23 (=)]

 

 

Department of Transportation (DOT)

 

Federal Highway Admin. (FHWA)

 

Wildlife Crossings Draw Funding Boost — “The Biden administration announced $110 million in federal grants Tuesday for 19 projects that include building wildlife crossings over and under highways in an effort to cut down on the roughly 1 million wildlife-vehicle collisions that kill more than 200 motorists a year. The Federal Highway Administration unveiled the grants that will help fund projects in 17 states and on four Native American tribal lands. The money is part of $350 million in a Wildlife Crossings pilot program included in the bipartisan infrastructure law that Congress approved in 2021. The projects range in size and scope from $22 million to build an overpass across six lanes of U.S. Interstate 25 between Denver and Colorado Springs in Colorado to $840,000 to help the state of Pennsylvania develop a statewide strategy to reduce the number of animals that wander onto roadways and collide with cars. Transportation Secretary Pete Buttigieg said in a statement that ‘too many Americans are injured or killed in crashes involving cars and wildlife, especially in rural areas,’ and that the projects funded as part of the bipartisan infrastructure law pilot program ‘will reduce collisions between drivers and wildlife and save American lives.’” [E&E News, 12/6/23 (=)]

 

Save The Deer (And The Humans) — “FHWA has announced $110 million in grants for the infrastructure-law-funded Wildlife Crossings Pilot Program, aimed at reconnecting wildlife habitat and reducing wildlife-vehicle collisions. Congress found that the more than a million such collisions a year cost more than $8 billion and result in about 200 human deaths and 26,000 injuries to people each year. The three biggest grants will go to the Wyoming, Arizona and Colorado DOTs.” [Politico, 12/6/23 (=)]

 

US Grants $110 Million To Improve Wildlife Road Crossings — “The Biden administration announced Tuesday that $110 million will be awarded to improve wildlife road crossings across the United States in hopes of reducing deadly crashes involving animals and cars. The Transportation Department’s Federal Highway Administration (FHWA) announced that the $110 million in grants will be awarded to 19 wildlife crossing projects across 17 states and includes four Indian Tribes. The department said that the funding will go toward projects that will construct wildlife crossings near busy roads, add fencing and use tracking and mapping tools. ‘Every year, too many Americans are injured or killed in crashes involving cars and wildlife, especially in rural areas – but President Biden is tackling this challenge through these first-ever roadway safety grants,’ Transportation Secretary Pete Buttigieg said in a statement. ‘The projects we’re funding today in 17 states will reduce collisions between drivers and wildlife and save American lives.’” [The Hill, 12/5/23 (=)]

 

U.S. Government Commits $110 Million For Wildlife Crossings — “A collision between a large animal and a multi-ton vehicle can result in horrific tragedy all around for humans and wildlife. The U.S. Department of Transportation says there are upwards of a million or more wildlife-vehicle collisions in the U.S. every year, killing roughly 200 humans and causing 26,000 injuries to drivers and passengers. The USDOT announced a $110 million commitment in grants on Tuesday to create 19 wildlife crossings in 17 states. These projects will include new fencing, the construction of wildlife crossings over and below busy roadways, and tracking and mapping tools to help anticipate herd and individual animal movement. One of the largest monetary sums ($24.4 million) is earmarked to the state of Wyoming, where the grant will cover an overpass, several underpasses, and high-barrier wildlife fencing in rural southwest Wyoming. Colorado’s Department of Transportation will receive $22 million specifically to build a dedicated overpass on Interstate 25 between Denver and Colorado Springs.” [Road and Track, 12/5/23 (+)]

 

 

Courts & Legal

 

Supreme Court Nixes Landowners' Mountain Valley Pipeline Pause — “The Supreme Court denied landowners’ emergency bid Tuesday to halt work on parts of the controversial Mountain Valley project that cross their property as they pursue a legal battle aimed at disrupting gas pipeline development nationwide. Cletus and Beverly Bohon and other property owners had asked Chief Justice John Roberts late last month for a narrow reprieve while the U.S. Court of Appeals for the District of Columbia Circuit considers their long-shot constitutional challenge against the Federal Energy Regulatory Commission’s authority to allow gas pipeline builders to take private land for their projects. ‘We are pleased with the court’s decision and continue to target completion of construction in the first quarter of 2024,’ pipeline spokesperson Natalie Cox said in an emailed statement. The Supreme Court’s denial is the latest example this year of the justices supporting completion of the controversial Mountain Valley pipeline championed by moderate Democratic Sen. Joe Manchin of West Virginia. Over the summer, the justices ordered another federal appeals court to remove temporary stays on a pair of permits for Mountain Valley, which is designed to carry natural gas 300 miles between West Virginia and Virginia.” [E&E News, 12/6/23 (=)]

 

Roberts Declines To Freeze Virginia Pipeline Construction — “U.S. Supreme Court Chief Justice John Roberts declined Tuesday to pause construction of the controversial Mountain Valley Pipeline, allowing work to continue on the natural gas pipeline while Virginia landowners challenge the constitutionality of land seizures related to the project. The chief justice denied three families’ Nov. 29 emergency stay application, which asked him to temporarily prevent the pipeline from accessing their properties while their constitutional challenges were heard in court. Justice Roberts didn’t issue a written opinion explaining his decision. The families, led by Cletus Woodrow Bohon, claim their litigation targeting the Federal Energy Regulatory Commission and the pipeline has been delayed four times – each time against the landowners’ opposition — since the justices remanded the case to the D.C. Circuit in April. The circuit court in October rejected a similar injunction bid from the landowners. In the meantime, pipeline work, including blasting, digging and clearing trees, has caused irreparable harm to the landowners, whose rural Virginia properties lie along the pipeline’s route, the families’ emergency stay application said.” [Law360, 12/5/23 (=)]

 

This Little-Known Pipeline Could Spell Trouble For Dakota Access — “The company behind the Dakota Access oil pipeline has neglected a different, older pipeline, federal safety regulators say, resulting in a cascade of troubling spills. A recent proposed safety order for the Mid-Valley pipeline could complicate matters for Dakota Access, the hotly contested system that moves crude from North Dakota to Illinois. Federal officials are conducting an environmental review to determine whether Dakota Access can continue to operate under a federally controlled lake. Both pipelines are owned by Energy Transfer, and the company’s spill record has been a key point of contention in the legal drama surrounding the Dakota Access pipeline. The Standing Rock Sioux Tribe has long warned that a pipeline spill could foul its water supply, a prospect dismissed by the company. Now, the tribe argues the Mid-Valley order — issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) — shows safety and environmental problems are ‘pervasive’ in the company. The order, issued in October, has not been previously reported.” [E&E News, 12/6/23 (=)]

 

 

States & Local

 

Arizona

 

Arizona Gets $24M Federal Grant For Wildlife Overpass, Fencing On I-17 South Of Flagstaff — “Arizona was awarded $24 million in federal funding Monday for a project designed to make travel safer for motorists and wildlife along Interstate 17 south of Flagstaff. The Federal Highway Administration grant will go toward an overpass for animals, new fencing, cattle guards and other improvements between Munds Park and Kelly Canyon. The 8.4-mile stretch of I-17 through the Willard Springs area has been identified as high-priority corridor for elk, which can weigh over 1,000 pounds, according to the Arizona Department of Transportation. A 100-foot-wide wildlife bridge will be built at milepost 327.4 to allow elk, deer, foxes, coyotes, bobcats, black bears, mountain lions and other small animals safely cross the highway.” [KTAR-TV, 12/5/23 (+)]

 

ADOT To Build Wildlife Overpass On I-17 Near Flagstaff To Improve Highway Safety — “Federal and state officials hope a $24 million grant will help reduce wildlife encounters along a heavily traveled portion of Interstate 17 in northern Arizona. A transportation grant was approved for ADOT and wildlife officials that will be used on 8.4 miles of I-17 near Munds Park, which is about 25 miles south of Flagstaff. Improvements are also wanted for the Kelly Canyon traffic interchange to the north of the city. Arizona’s Family previously reported on how the Arizona Game and Fish Department and the Arizona Department of Transportation devised a plan to build three new wildlife highway crossings. ‘I am grateful to the Federal Highway Administration for supporting Arizona’s commitment to protecting its residents, visitors and wildlife,’ Arizona Gov. Katie Hobbs said. ‘Many drivers use I-17 as a gateway to some of Arizona’s most popular treasures, including the Grand Canyon. While helping keep those travelers safe, this project will support elk, deer and other wildlife that make Arizona so special.’” [AZ Family, 12/5/23 (+)]

 

Federal Grant Will Fund I-17 Wildlife Overpass Near Flagstaff — “The Federal Highway Administration has awarded Arizona a $24 million grant for a wildlife overpass and other improvements designed to reduce crashes involving wildlife and better connect habitats along Interstate 17 south of Flagstaff in northern Arizona. The Arizona Department of Transportation, in partnership with Arizona Game and Fish Department, sought the grant through FHWA’s wildlife Crossing Pilot Program for improvements along 8.4 miles of I-17 between the Munds Park traffic interchanges, about 25 miles south of Flagstaff, and the Helly Canyon traffic interchanges to the north. ‘I am grateful to the Federal Highway Administration for supporting Arizona’s commitment to protecting its residents, visitors, and wildlife,’ Arizona Governor Katie Hobbs said, ‘Many drivers use I-17 as a gateway to some of Arizona’s most popular treasures, including the Grand Canyon. While helping keep those travelers safe, this project will support elk, deer, and other wildlife that make Arizona so special.’” [KVOA-TV, 12/5/23 (+)]

 

California

 

Dangerous Proximity Of Ships, Pipeline Led To Orange County Oil Spill; Investigators Urge Reform — “A federal agency wants changes in how container ships are anchored off Southern California as well as new safety measures for vessels near offshore pipelines to help prevent or minimize ruptures like the one that spilled 25,000 gallons of crude oil off Huntington Beach. The 2021 spill caused damage to beaches and wetlands and killed scores of fish and birds. After a sweeping, two-year review, the National Transportation Safety Board released findings Tuesday that the Orange County spill was a direct result of container ships anchoring in close proximity to offshore pipelines. The board called for the U.S. Coast Guard to increase the buffer between anchored ships and pipelines. The catastrophe also could have been avoided with improved communication and planning between those monitoring the massive container ships in Southern California’s ports and the operators of the pipelines, investigators found. The probe into the major oil spill off Huntington Beach confirmed initial findings that indicated a months-earlier anchor strike caused the undersea pipeline to burst, sending at least 25,000 gallons of oil into the Pacific. The investigation found no other possible cause of the damage, officials said at an almost four-hour NTSB meeting Tuesday.” [Los Angeles Times, 12/6/23 (+)]

 

US Officials Want Ships To Anchor Farther From California Undersea Pipelines, Citing 2021 Oil Spill — “Federal officials on Tuesday recommended increasing the distance from undersea pipelines that vessels are allowed to anchor in Southern California, citing a 2021 oil spill they said was caused by ships whose anchors were dragged across a pipeline after a storm. The leak occurred in a ruptured pipeline owned by Houston-based Amplify Energy. National Transportation Safety Board officials concluded damage to the pipeline had been caused months earlier when a cold front brought high winds and seas to the Southern California coast, causing two container vessels that were anchored offshore to drag their anchors across the area where the pipeline was located. The October 2021 spill of 25,000 gallons (94,600 liters) sent blobs of crude washing ashore in Huntington Beach and nearby communities, shuttered beaches and fisheries, coated birds with oil and threatened area wetlands.” [Associated Press, 12/5/23 (=)]

 

Colorado

 

$22 Million For Wildlife Overpass On I-25 Between Colorado Springs And Denver Approved —  “A new wildlife overpass to be constructed on Interstate 25 just north of El Paso County will connect 39,000 acres of big game habitat, say Colorado lawmakers. The project will go ahead thanks to $22 million in federal funding for the Colorado Department of Transportation, a release on the project said. To span a section of I-25 in Douglas County a few miles of the El Paso County line, the overpass will allow wildlife to pass between large tracts of Great Plains and Rocky Mountains habitat. The project designers hope to mitigate wildlife-vehicle collisions with big game like elk and mule deer, according to the release.” [The Gazette, 12/5/23 (+)]

 

Florida

 

DeSantis Requests Conservation Easements Funding After Earlier Veto — “Gov. Ron DeSantis on Tuesday asked the Legislature in fiscal 2024-25 to spend $100 million on land acquisition and another $100 million for agricultural conservation easements. DeSantis (R) announced his budget request in Marco Island. It also includes $1.1 billion for Everglades restoration and water quality programs, adding to $3.3 billion appropriated by the Legislature through his first term ending in January. ‘We’ve done huge for environment since I’ve been governor,’ DeSantis said. ‘Everything I’ve promised I would do I’ve delivered. And we overdelivered on the promises for water quality, Everglades restoration.’ DeSantis’ request to spend for agricultural conservation easements represents a turnaround. In June, he vetoed $100 million in this year’s state budget for the easements program championed by Agriculture Commissioner Wilton Simpson.” [E&E News, 12/5/23 (=)]

 

Missouri

 

Missouri To Study Wildlife-Related Road Crashes With Federal Grant — “The U.S. Department of Transportation’s Federal Highway Administration (FHWA) announced Tuesday a $320,000 grant to the Missouri Department of Transportation. The grant will be used to conduct a year-long study identifying roadway locations where the most wildlife-vehicle collisions occur. The project intends to create a uniform method to integrate wildlife crossings into the pre-planning phases of future improvements. Missouri is one of 17 states selected to receive funding in the first round of $110 million in grants for 19 wildlife crossing projects. The funding comes from a new program in President Joe Biden’s Bipartisan Infrastructure Law that supports projects to construct wildlife crossings over and below busy roads.” [KOMU-TV, 12/5/23 (+)]

 

Nebraska

 

Nebraska Gets $400,000 Federal Grant To Improve Road Safety Near Wildlife Crossings — “The Nebraska Department of Transportation will receive a $400,000 grant to improve roadway safety and reduce collisions with wildlife. The Federal Highway Administration announced its first round of grant awards on Tuesday, which included 16 other states. Officials said the purpose of the grant is to conduct a study along Highway 71 to identify solutions for reducing collisions with big game species, including bighorn sheep. ‘Every year, too many Americans are injured or killed in crashes involving cars and wildlife, especially in rural areas – but President Biden is tackling this challenge through these first-ever roadway safety grants,’ U.S. Transportation Secretary Pete Buttigieg said in a press release. ‘The projects we’re funding today in 17 states will reduce collisions between drivers and wildlife and save American lives.’” [KLKN-TV, 12/5/23 (+)]

 

New Mexico

 

New Mexico To Invest $500M In First-Of-Its-Kind Strategic Water Supply Build-Out — “New Mexico will invest $500 million in securing a first-of-its-kind strategic water supply to bolster drought resilience and clean energy production, Gov. Michelle Lujan Grisham (D) announced on Tuesday. To build up this reserve, the state intends to purchase treated brackish water — naturally occurring, somewhat salty water — and produced water, generated as a byproduct of fossil fuel extraction. The supply will help expedite the national power sector’s shift to renewables by providing resources for water-intensive processes, according to the announcement, which the governor issued on the sidelines of the U.N. climate summit in Dubai. Among these potential uses are the creation of green hydrogen, storage of energy produced by wind and solar, and the manufacture of electric vehicles’ microchips, solar panels and wind turbines, state officials noted. ‘In arid states like ours, every drop counts,’ Lujan Grisham said in a statement, after announcing the initiative at a U.S. Chamber of Commerce event.” [The Hill, 12/5/23 (=)]

 

New Mexico Governor Proposes $500M To Treat Fracking Wastewater — “New Mexico would underwrite development of a strategic new source of water by buying treated water that originates from the used, salty byproducts of oil and natural gas drilling, and help preserve its freshwater aquifers in the process, under a proposal from the state’s Democratic governor. The initiative from Gov. Michelle Lujan Grisham, announced Tuesday from the international climate conference at Dubai in the United Arab Emirates, would set water purification standards and purchase treated water that originates from oil fields as well as the state’s vast natural underground reservoirs of brine. It requires legislative approval. The idea is to create a government-guaranteed market for the commodity — treated water — and attract private enterprise to build desalinization and treatment facilities, securing new sources of water for industrial applications. The administration hopes to make the water available to businesses ranging from microchip manufacturers to hydrogen fuel producers that separate the element from water in an energy-intensive process.” [Associated Press, 12/5/23 (=)]

 

New Mexico Governor Kickstarts Effort To Overhaul Oil And Gas Regulation — “Gov. Michelle Lujan Grisham will pitch lawmakers to move on more reforms of the New Mexico Oil and Gas Act. One proposal would increase bonding fees that could reduce state liability for orphan wells. (Getty Images) After failing in the last legislative session early this year, a major update of New Mexico’s Oil and Gas Act is again in the works, this time with a sharp push from Gov. Michelle Lujan Grisham’s office. The Oil and Gas Act is the bedrock law outlining how production of the two fossil fuels is regulated in the state, and it hasn’t seen a major update in decades. If finalized, the new bill would be introduced in the legislative session that begins in January. ‘This effort was spurred by a recognition that the Oil and Gas Act is stale,’ said Sidney Hill, public information officer with the New Mexico Energy, Minerals and Natural Resources Department (EMNRD), which is home to the Oil Conservation Division, the state’s main oil and gas enforcement agency. He said the last notable changes to the act happened in the 1980s and ‘90s. ‘The act,’ Hill said, ‘no longer contains all the tools necessary to oversee the current industry and ensure robust environment protection.’” [Source NM, 12/6/23 (=)]

 

Ohio

 

Lawsuit Claims Approvals To Frack Ohio State Lands Violated Law — “Groups concerned about fracking for oil and gas in Ohio’s state lands filed a lawsuit last week, appealing a commission’s approval of seven nominations to drill under Salt Fork State Park and two wildlife areas, claiming it violated state law. The Ohio Oil and Gas Land Management Commission approved the nominations at a contentious meeting in November. In the lawsuit, filed in Franklin County Common Pleas Court, the groups Save Ohio Parks, Backcountry Hunters & Anglers, Buckeye Environmental Network and Ohio Environmental Council claim that the commission failed to properly consider the proposals. State law requires the commission to consider nine factors when deciding whether to approve a nomination to drill under state lands. These include the impact of drilling on the environment, geology, current property uses and economics. ‘There are at least four criteria that there was no discussion during the meeting itself for each parcel,’ said attorney Megan Hunter of EarthJustice, who represents the groups.” [Allegheny Front, 12/5/23 (=)]

 

Utah

 

Utah To Receive $5.5 Million To Build New Wildlife Overpass Bridges — “Those animal crossing signs don’t always prevent collisions with wildlife on the highway, but Utah will receive a $5.5 million grant from the U.S. Department of Transportation to build wildlife overpasses to protect potential collisions. These bridges are part of a plan to restore populations of big game wildlife such as the Paunsaugunt mule deer. Utah has several of these bridges, one the most popular being the one build in 2018 on I-80 in Parley’s Canyon that streams video of beer, deer, cougars, and other wildlife using the thoroughfare. Utah will use the federal funding to build three wildlife overpasses along US 189.” [KSTU-TV, 12/5/23 (+)]

 

$5.5 Million Grant Approved To Build 3 New Wildlife Overpasses Along Utah Highway — “A $5.5 million grant has been approved to the Utah Department of Transportation to build three new wildlife overpasses along US 189 in an effort to reduce collisions with wildlife. Utah was one of 17 states selected to receive funding in the first round of $110 million grants for 19 wildlife crossing projects, including four Indian Tribes. ‘Every year, too many Americans are injured or killed in crashes involving cars and wildlife, especially in rural areas – but President Biden is tackling this challenge through these first-ever roadway safety grants,’ said U.S. Transportation Secretary Pete Buttigieg. ‘The projects we’re funding today in 17 states will reduce collisions between drivers and wildlife and save American lives.’” [KUTV-TV, 12/5/23 (+)]

 

Virginia

 

VDOT Receives $604k To Plan For New Wildlife Crossings — “New wildlife crossings – pathways over interstates or other high-traffic roads that are designed to reduce or prevent collisions between animals and vehicles – are coming to Virginia. The Virginia Department of Transportation Tuesday was among 19 entities nationally to receive funding from the U.S. Department of Transportation as part of the Federal Highway Administration’s Wildlife Crossing Pilot Program. VDOT will receive $604,318 ‘to collaboratively develop a statewide plan to identify roads with the highest risk of large mammal collisions in the state,’ according to the FHA. ‘Through a collaboration with Virginia Department of Wildlife Resources, the Virginia Department of Conservation and Recreation, and the Virginia Department of Forestry, VDOT will build on their Wildlife Corridor Action Plan to create several models and GIS layers to allow for better identification of wildlife crossing sites and provide site-specific recommendations.’” [Henrico Citizen, 12/5/23 (+)]

 

$24 Million Allocated To Fencing Along I-17 To Prevent Wildlife-Vehicle Collisions — “The federal government will allocate nearly $24 million to install new wildlife fencing along portions of Interstate 17 in northern Arizona. The Wildlife Crossings Pilot Program will fund the construction of 16.8 miles of fencing along the interstate to prevent wildlife-vehicle collisions and protect wildlife habitats. The project also includes tying existing culverts, escape ramps and double cattle guards to reduce crashes and increase habitat connectivity for local species, particularly elk. Specific locations of the crossing have not yet been announced.” [KNAU-Radio, 12/5/23 (=)]

 

Grant Funding To Help Address Vehicle Crashes Involving Wildlife — “The Virginia Department of Transportation is getting grant funding to help reduce the number of traffic crashes involving animals. On Tuesday, the U.S. Department of Transportation Federal Highway Administration announced the first round of funding through the Wildlife Crossings Pilot Program. According to a release, Virginia is one of 17 states receiving a total of $110 million in funding for 19 wildlife crossing projects. VDOT is getting $604,000 to create a statewide plan aimed at reducing such collisions. The Wildlife Crossings Pilot Program was created under the Infrastructure Law to support projects building wildlife crossing over and below busy roadways, adding fencing, acquiring tracking and mapping tools, and more. The release says the federal law will provide $350 million over five years for these kinds of projects.” [WCAV-TV, 12/5/23 (+)]

 

Federal Funding Goes Towards Wildlife Road Crossings In Vt. — “Money for animal crossings thanks to federal funds are trying to cut down on animal collisions in the Green Mountains State. Vermont’s Agency of Transportation is receiving $1.6 million dollars in funding thanks to the Federal Highway Administration. The Federal Wildlife Crossing Pilot Program supports crossings over or under roadways and adding fencing. Money from that program is going towards designing a wildlife crossing in the Green Mountains to increase habitat connectivity in some of the largest forest areas of the northeast.” [WCAX-TV, 12/5/23 (+)]

 

Wetlands Forming On VA Surface Mines, Impacts Uncertain — “A recent report found wetlands forming on surface mines in Virginia can benefit the state. The wetlands form because surface mining flattens land. There are lingering questions about how wetland creation balances the loss of naturally occurring wetlands from the same mining. Wally Smith, vice president of the environmental group Clinch Coalition, was surprised to see how many wetlands surface mining created. He pointed out wetlands can combat increased flooding. ‘When you have all these new wetlands that are occurring on the top of a mountain where there was historically not a wetland there. When it does rain and you do have a storm event, the runoff that’s coming off of that site, some of it at least, is going to end up stored in those wetlands,’ Smith explained. ‘That can potentially slow the amount of water and runoff that’s going to make its way downstream and contribute to a flood.’ He cautioned it is dependent on the health of the wetlands. If they are not as strong, they could fall apart, leading to increased runoff and flooding. Smith observed only time will tell how impactful the new wetlands are.” [Public News Service, 12/6/23 (=)]

 

Wyoming

 

WYDOT Receives $24.3M Federal Grant For Kemmerer Wildlife Crossing Project — “The Wyoming Department of Transportation will receive a $24.3 million federal grant from the U.S. Department of Transportation to complete a wildlife crossing project south of Kemmerer. The grant, announced Monday in a Wyoming Game and Fish Department news release, will be used for the Kemmerer Wildlife Crossing Project on U.S. Highway 189 in southwest Wyoming. The project will consist of five underpasses, one overpass and fencing improvements along a 30-mile stretch between Evanston and Kemmerer. ‘This project exemplifies Wyoming’s leadership in demonstrating a collaborative approach where we work together to solve problems,’ Gov. Mark Gordon said. ‘Through the efforts of our agencies and the involvement of private-sector partners and landowners, we’re able to create a safer transportation corridor that conserves our world-class wildlife along a critical migration.’” [County 17, 12/5/23 (+)]

 

WYDOT Awarded $24.3 Million To Fund Hwy. 189 Wildlife Crossing Project — “The Wyoming Department of Transportation (WYDOT) will receive a $24.3 million federal grant from the U.S. Department of Transportation to complete a wildlife crossing project situated along a 30-mile stretch between Evanston and Kemmerer. The Highway189 South Kemmerer Wildlife Crossing Project will consist of five underpasses, one overpass and fencing improvements, and is expected to take two to three construction seasons to complete. ‘This project exemplifies Wyoming’s leadership in demonstrating a collaborative approach where we work together to solve problems,’ Governor Mark Gordon said in a press release. ‘Through the efforts of our agencies and the involvement of private sector partners and landowners, we’re able to create a safer transportation corridor that conserves our world-class wildlife along a critical migration.’” [Buckrail, 12/5/23 (=)]

 

‘Messy Death Zone’ Near Kemmerer To Get $37 Million Wildlife Crossing — “A 30-mile stretch of U.S. Highway 189 between Evanston and Kemmerer has taken a heavy toll on some of Wyoming’s premier mule deer herds, as well as elk and antelope. It’s become such a problem that state and federal wildlife officials plan to spend more than $37 million to mitigate it. A $24.3 million federal grant has been recently announced to top off the $37.4 million budget for a wildlife crossing project there, and a retired Wyoming Game and Fish official said it’s sorely needed. ‘It can be kind of a messy death zone,’ Mark Zornes told Cowboy State Daily.” [Cowboy State Daily, 12/5/23 (+)]

 

Effort To Safeguard Public Lands Sparks Battle In Wyoming — “A Biden administration proposal to safeguard swaths of public land from future mineral and fossil fuel extraction has set off a battle in southwestern Wyoming. ‘We’re out there, hiking, running our dogs, working on these lands every day,’ Julia Stuble, Wyoming senior manager for The Wilderness Society, told The Hill. ‘But they’re not our lands — they’re our lands that are held in trust for all,’ she said. Conflict began brewing over those areas in August, however, when the Bureau of Land Management (BLM) proposed revisions to the ways it administers this 3.6-million-acre swath of federal property. The BLM offered up a 1,350-page behemoth — a draft ‘Resource Management Plan’ and environmental impact statement — detailing four conservation and development options for the Rock Springs Field Office in southwest Wyoming.” [The Hill, 12/6/23 (=)]

 

Gulf of Mexico

 

Coast Guard Finds New Oil Sheen In Gulf Of Mexico Near Plaquemines Parish, Site Of November’s Spill — “Officials with the U.S. Coast Guard said a new oil sheen has been spotted near the location of November’s oil spill in the Gulf of Mexico near Plaquemines Parish. Coast Guard officials made the announcement Tuesday, Dec. 5, noting that the ‘light unrecoverable sheen’ is under investigation. One New Orleans school to close, new operators wanted for two others They said it has not been confirmed whether or not the sheen is related to the initial spill. The spill was first confirmed on Nov. 16 by a Main Pass Oil Gathering aircrew. The Coast Guard later reported that more than 1.1 million gallons of oil could have spilled into the Gulf of Mexico. On Nov. 29, Coast Guard officials said no new oil was detected from that spill and its impact on the shoreline and wildlife was ‘minimal.’” [WGNO-TV, 12/5/23 (=)]

 

US Coast Guard Responds To Another GOM Oil Spill — “The U.S. Coast Guard said on Wednesday it was responding to an oil discharge near the Main Pass Oil Gathering (MPOG) Co’s pipeline system in the Gulf of Mexico, while the main pipeline and several surrounding ones remained shut in. ‘The reported sheen is being investigated and has not been confirmed to be associated with the November 16 observed initial discharge,’ the Coast Guard said. The Coast Guard had not yet identified any damage or indication of a leak after surveying the entire length of the pipeline along with 22.16 miles (36 km) of surrounding pipelines. Remote-controlled devices and divers continued to reassess the pipelines. About 3% of the Gulf of Mexico’s daily oil production remained shut in after a million-gallon oil spill, the Coast Guard said last week.” [Marine Link, 12/5/23 (=)]

 

US Coast Guard Responds To Oil Spill In Gulf Of Mexico — “The U.S. Coast Guard said on Wednesday it was responding to an oil discharge near the Main Pass Oil Gathering (MPOG) Co’s pipeline system in the Gulf of Mexico, while the main pipeline and several surrounding ones remained shut in. ‘The reported sheen is being investigated and has not been confirmed to be associated with the November 16 observed initial discharge,’ the Coast Guard said. The Coast Guard had not yet identified any damage or indication of a leak after surveying the entire length of the pipeline along with 22.16 miles (36 km) of surrounding pipelines. Remote-controlled devices and divers continued to reassess the pipelines.” [Reuters, 12/6/23 (=)]

 

Western Water

 

States Ask Justices To Ignore US Objections To Water Deal — “Texas, New Mexico and Colorado are asking the U.S. Supreme Court to reject the federal government’s objections to a proposed consent decree that resolves a long-running dispute over Lower Rio Grande water resources. In a joint reply filed on Monday, the three states said the proposed consent decree was reached after extensive litigation settlement discussions and recommended for approval, over federal government objection, by a special master who found it consistent with a decades-old Rio Grande compact. The federal government asked the justices to reject the proposed settlement in October, arguing the states entered the agreement without its consent, and that the agreement doesn’t align with the terms of the compact or impose adequate requirements to ensure New Mexico complies. The states maintain the proposed consent decree appropriately interprets ambiguous terms in the compact and resolves the matter of a baseline apportionment between New Mexico and Texas for the division of Rio Grande water below Elephant Butte Reservoir in New Mexico through the creation of methodologies to identify and measure the delivery of Texas’ portion, with ‘departure provisions’ to ensure both Texas and New Mexico receive equitable apportionments.” [Law360, 12/5/23 (=)]

 

 

Research, Analysis & Opinion

 

Plugging Federal Oil Wells Could Cost $17 Billion — “The full cost of cleaning up oil and gas wells on federal lands could top $17 billion but only a fraction of that liability is secured, according to a report released Tuesday by a consumer rights advocacy group. The report, from the left-leaning advocacy group Public Citizen, estimates that oil companies have secured bonds for as little as 1 percent to 6 percent of the total price tag for plugging wells. The report comes as the Biden administration seeks to finalize proposed regulations that would increase royalties, fees and the cleanup bonds required to drill on federal lands. The proposed regulations would increase the amount of money required to be secured before drilling — from a single lease’s $10,000 minimum today to $150,000. Biden officials have stressed that bonding should cover a higher percentage of the cost of plugging a well, so the federal government does not have to pay for cleanup when companies go bankrupt. Industry and Republican supporters have countered that most wells are plugged by oil companies and warn that requiring high bonds can discourage companies from drilling, affecting public land production and revenue.” [E&E News, 12/5/23 (+)]

 

 


 

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