Cortez Journal

Campbell balks; canyons' status left in limbo

March 25, 2000

BY GAIL BINKLY

Citing a "total absence of local consensus," U.S. Sen. Ben Nighthorse Campbell on Thursday announced that he has suspended action on his bill to create a national conservation area on 164,000 acres in Montezuma and Dolores counties.

He is also asking that a Senate committee hearing on the bill scheduled for April 13 be canceled.

But he warned that President Clinton may react by declaring the area a national monument instead.

"I want to warn all those involved that they are taking the risk that the president will declare the area a monument. . .," Campbell said in a press release.

"I also want to emphasize that in developing balanced land-management plans, everyone has to be prepared to give up something. It is a shame that extreme voices on both sides of the issue would rather lob bombs at each other through the press than actually get something done."

Campbell’s bill, which is being carried in the House by Rep. Scott McInnis and was supported by the Montezuma and Dolores county commissioners, was criticized by environmental groups as not offering enough protection for the area and its many Anasazi ruins and relics.

On the other hand, many local residents, especially members of the Southwest Colorado Landowners Association, insisted that they did not want either a monument or a conservation area. They argued that a national-monument designation, which can be declared by the president under the 1906 Antiquities Act, could be challenged in the courts and possibly overturned.

Interior Secretary Bruce Babbitt, who visited the area in May and November of last year, has stated that "doing nothing is not an option" and that he envisions the landscape as remaining under BLM management but being either a conservation area or monument.

"In the absence of prompt legislative action, I will recommend to the President that he proceed with a proclamation to establish a National Monument. . .," Babbitt wrote Nov. 9 in response to a report by a citizens’ working group that summarized local input on the idea.

The county commissioners agreed this week that the latter, more restrictive designation now becomes very likely.

"It’s unfortunate this occurred before we had an opportunity to at least go through the process and address the core issues," said Chairman Gene Story. "If we can believe what we were told by Babbitt, a monument is probably forthcoming, I would expect before this session ends."

However, Story said, the board will "continue to search for other alternatives," including getting additional funding for the area through oil and gas revenues from drilling on the McElmo Dome.

"We’re not going to let this issue die," Story said. "We’re not just going to lie down."

Commissioner Kelly Wilson said, "You might as well call it a national monument now, because I’m sure that’s what Babbitt’s going to do."

He said he understood the landowners’ objections, but that the commissioners saw the conservation area as the better of two bad options.

"Generally the people in Montezuma County didn’t want anything to happen," Wilson said. "We didn’t either, but we felt we had to do something."

He added that he could not envision the county spending the money to pursue a lawsuit challenging the designation, something that would take years.

But Chester Tozer, president of the landowners’ association, welcomed Campbell’s announcement.

"We’re the ones that got this stopped, and now we’ve got to unite here and keep this from turning into a national monument," he said. "We’ve got to keep this open for multiple use.

"We’ve looked at other conservation areas and what’s happened to them. They’re not good. They’re not good for the community or the people involved."

He said adequate protection is available for the ruins if existing laws would just be enforced.

"There’s all kinds of rules and regulations already protecting this country," Tozer said. "If they need another ranger or two, why don’t they just allocate some more money?"

But Gayel Alexander, a landowner with inholdings and grazing permits in the proposed conservation area and administrative assistant for the Dolores Soil Conservation District, urged county residents to fight to have the NCA bill reinstated rather than let a monument be declared.

"If people do believe in it and do support it, they should call McInnis and Campbell and tell them," she said Friday, adding that although she didn’t want any new designation for the area, she thought the NCA was the lesser of two evils.

"It’s not perfect," she said, "but at least we still have a chance at having public comments. We will have input." The NCA bill called for the development of a management plan over four years, with "involvement of the local community." A 15-member advisory council including representatives of the Montezuma and Dolores county commissions and the Ute Mountain Ute tribe would have been appointed to help oversee the area.

Alexander called the chances of getting a national-monument designation overturned "very, very low" and said "we will lose so much in the meantime that we can’t allow it to happen."

"We need to get on the bandwagon and tell Campbell to re-submit the bill," she said. "It’s something we can live with. At least we still have the public input, whereas I think with a national monument, we won’t."

Chris Changery, spokesman for Campbell, said Friday that the senator would consider reviving his bill or reintroducing it next year if the House version were to receive support or if local residents "would get together and come up with something that protects what needs to be protected, but that everyone could live with."

Josh Penry, press secretary for McInnis, said that the congressman had not yet withdrawn his bill, but that Campbell’s lack of support was serious.

"We let Senator Campbell take the lead on this thing from the start," Penry said, "and if he doesn’t feel comfortable with it, we’re certainly not going to pursue it any farther."

However, he added, "We’re haven’t given up on this. We’re going to continue to talk to the commissioners and local organizations to see what can be worked out because we clearly don’t want Secretary Babbitt to come in and act unilaterally.

"We hope he will respect the wishes of the locals who said they don’t want a national monument, and allow us to work out some kind of compromise agreement."

Tim Ahern, deputy director of communications for Babbitt, said Friday that the secretary, who was in Phoenix, had just heard about Campbell’s decision Thursday and is deciding what to do.

"It came out of the blue," Ahern said. "We’re looking at our options. The secretary has said this area needs more protection."

Babbitt’s timetable, he said, is "before we leave office — before noon next Jan. 20."

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