The Not-So-Swell Emery County Bill Gets a Mark-Up

There were a few fireworks today during the House Committee on Natural Resources’s markup of HR 5727, Rep. Curtis’s (UT-3) “Not-So-Swell” bill for Emery County bill.

Rep. Grijalva (AZ-3), the committee’s ranking member, issued a strong opening statement, acknowledging the work Rep. Curtis has put into this legislation, but highlighting all the many things still wrong with the bill. He specifically called for more protections for Labyrinth Canyon, Muddy Creek, and the San Rafael Badlands, and for resolution to the Ute Tribe’s concerns about the land exchange the bill facilitates.

At the outset, Rep. Curtis offered an amendment in the nature of a substitution (ANS), which serves to change the underlying bill being debated. The amendment fixed the travel plan we’d long had concerns about, but also made some things worse. For example, it downgraded the National Conservation Area in the San Rafael Swell to a National Recreation Area, which would put conservation on the backburner in the eyes of the BLM.

Some of Rep. Curtis’s fiercest critics came from his own side of the dais. Rep. Gosar (AZ-4) offered a string of amendments that would actually make this bill even worse, removing a mineral withdrawal and removing Wild and Scenic river protections. His amendments were all defeated squarely, but not before he offered at least one argument we agree with: that the lands in question are federal lands, and all Americans should have a say in their management. We couldn’t agree more, Rep. Gosar.

That’s why our champion in the House, Rep. Lowenthal (CA-47) offered a stirring defense of the special places that have been left out of the bill, and offered an amendment to add additional Wilderness protections for Labyrinth Canyon and Muddy Creek, and a National Conservation Area for the San Rafael Badlands. Rep. Curtis had complained earlier that nobody gets to have a “winner take all” bill, but the truth is, even if Lowenthal’s amendment was adopted, the bill would only protect half of what’s in America’s Red Rock Wilderness Act. Unfortunately, the amendment did not pass.

Rep. Hanabusa (HI-2) offered an amendment that would ease the Ute Tribe’s concerns by defining Indian land as any land within an Indian reservation. This amendment was defeated on a party line vote, 21-17.

The bill ultimately passed out of committee, but not before the mark-up showed why no conservation organizations support this legislation. It’s a step backward for conservation, and Rep. Curtis doesn’t seem to want to fix that. He is still only catering to the desires of Emery County—in fact, he went as far as to say he would turn the land over to the county if he could: “If they had stewardship—believe me, I would love to wave a wand and give them the land, but this is the next best thing to it — to ask what they would do with the federal land in their area.”

But these are all American’s public lands. Keep emailing your members of Congress and asking them to oppose this legislation as it continues to move throughout both chambers.

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