Right On: The best response to Bears Ears overreach

January 4, 2017 Utah Channel 3

OPINION – Obama overreached when he designated the Bears Ears National Monument on Dec. 28, 2016. But we need a long-term solution, not a knee-jerk partisan reaction.

Despite our elected officials’ statements to the contrary, a majority of Utahns support the Bears Ears National Monument. Two polls, one conducted by Colorado College and another by Public Opinion Strategies, reported that over two-thirds of Utahns polled support the national monument. But as reported in St. George News on New Year’s Eve, little of that support comes from San Juan County.

A word of caution about these poll results: A large proportion of those randomly selected for polling came from the Wasatch front, far from Bears Ears. If instead, a large tract in the Wasatch mountains was being considered, limiting recreational activities, a “not in my backyard” factor would significantly decrease positive responses.

Nevertheless, both polls indicate Utah citizen support for Bears Ears.

According to the Colorado College poll, 87 percent of those polled want elected officials to find common ground on conservation issues. And that is exactly what Rep. Jason Chaffetz claims has been done. Chaffetz, whose district includes Bears Ears, says thePublic Lands Initiative had “put on the table” what he terms a “comprehensive bipartisan solution” to preserving and protecting the area.

Who could argue with that?

The Bears Ears Inter-Tribal Coalition, representing the Hopi, Navajo, Uintah Ouray Ute, Zuni and Ute Mountain Ute nations, disagrees.

The coalition has worked for years to protect the land in question from looting, desecration and exploitation. They presented a Native American proposal for the land to the Public Lands Initiative in more than two dozen meetings with elected officials and others.

The coalition says it asked for feedback at these meetings both in Utah and in the District of Columbia. They claim no one from the Utah delegation or the Public Lands Initiative made a substantive comment.

So we have a “he said, she said” conundrum. Rep. Chaffetz says the Public Lands Initiative had a bipartisan solution on the table while the tribes say they have been ignored.

If there was a bipartisan agreement, it has quickly fallen apart. Every Native American, Democrat and environmental group that has spoken out has applauded the designation. Every Republican elected official has expressed outrage.

Taken at face value, the officials’ outrage is directed at Obama for ignoring the wishes of those directly affected and for ignoring every elected official who represents them.

While support for Bears Ears is substantial, Obama’s action is seen by these officials as settling accounts with Utah Republicans, three of whom hold Congressional leadership posts. They also point out that Obama once again ignored existing federal law.

Obama disregarded the Federal Land Policy and Management Act of 1976 as amended and the National Environmental Policy Act, both of which require environmental review and public comment. Complying with these laws would have delayed a decision into the Trump administration. Obama had no time to listen to deplorable (Hillary’s word) ranchers and from other local interests who are most directly affected.

Republicans say they have a variety of options to overturn the monument designation. But if they succeed, Republicans will be painted as anti-Native American and anti-environment. They will also be seen as catering to mining and drilling interests who donate to their campaigns. These charges may not lose elections in Utah but could influence close elections in other states.

This writer does not believe that partisan pushback against Obama’s overreach will be worth the political fallout. And it will not reflect the preferences of many Utah citizens.

Instead, now is the time to amend the 1906 Antiquities Act. The act has become politicized. Want proof? President Obama used the Antiquities Act to create the Stonewall National Monument in Manhattan, New York. The Stonewall Inn in 1969 was a Mafia-owned bar with a large LGBT clientele. A police raid sparked riots that launched the lesbian, gay, bisexual and transgender civil rights movement.

Some will argue that Stonewall is worthy of national monument status. How would they feel about President Trump designating a Benghazi consulate massacre national monument? How about a Tea Party national monument? The process could go on as future Republican and Democratic presidents indulge their partisan political interests.

A solution is obvious: Require Congressional approval for all future national monument designations. Such approval would be analogous to the Senate’s advice and consent for cabinet officers, ambassadors and the like and would assure that the affected state’s representatives were heard.

Interestingly, two states are already afforded Congressional review and approval: Wyoming and Alaska. Both had national monuments designated that drew Congressional ire. The Antiquities Act was amended after each case, preventing unilateral presidential action – but only in those two states.

Eight years of Obama’s far-left imperial rule by executive order has hardened positions on both sides of the divide. He continues to take end-of-term actions intended to make life difficult for the new administration.

When running for president in 2008, Obama promised to “reach across the aisle.” His Bears Ears overreach is yet another example of his unbending partisanship.

Republicans should avoid further poisoning the political climate by abolishing Bear Ears or otherwise undermining it. Instead, amend the misused Antiquities Act.

Howard Sierer is a developing columnist for St. George News. The opinions stated in this article are his own and may not be representative of St. George News.

Email: hsierer@stgeorgeutah.com

Twitter: @STGnews

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