Cortez Journal

Commissioners appeal to Babbitt

April 13, 2000

JOURNAL STAFF REPORT

When U.S. Sen. Ben Nighthorse Campbell halted his efforts to promote creation of a national conservation area west of Cortez, the commissioners of Montezuma and Dolores counties saw the writing on the wall: Interior Secretary Bruce Babbitt would declare the land a national monument, and their influence in helping to write management policies might be nearly nonexistent.

In a phone conversation with the Montezuma County commissioners April 3, Babbitt confirmed his plans to ask President Clinton to proclaim a national monument but promised to be sensitive about local fears that traditional uses might be prohibited. This week, amid concerns that Clinton might issue such a proclamation during his visit to Shiprock next Tuesday, the commissioners sent a letter to Babbitt, encouraging him to heed local wishes for the management of the land if indeed it becomes the Canyon of the Ancients National Monument.

Although the letter clearly emphasized that the Montezuma and Dolores county governments remain opposed to creating a national monument, it acknowledged the political reality that the Clinton administration could and probably would enact such a change in status.

"We are writing to propose language to be included in the event of a proclamation, which reflects the consensus developed by the RAC Working Group and discussed with you on April 3," the letter said, adding that the signers also support language addressing concerns expressed earlier this year by the Ute Mountain Ute Tribal Council. The tribe’s resolution addresses concerns that include ceremonial usage of the land.

The letter is an attempt to guard current uses of the 164,000-acre parcel of desert and canyons currently under the supervision of the Bureau of Land Management. Some of the proposed language is simply codification of assurances made by Babbitt during his phone consideration. Other requests — particularly the language regarding motorized traffic — encompass input gathered from groups and individuals utilizing the land. Many of the phrases specified were included in Campbell’s bill, which Babbitt has said he agrees with in principle.

The letter was signed by all three Montezuma County commissioners — Gene Story, Kelly Wilson and Kent Lindsay — and Commission Chairman LeRoy Gore on behalf of Dolores County. The commissioners made the following requests:

Boundaries. We request that the Map and accompanying legal descriptions have the same boundaries as the Canyons of the Ancients National Conservation Area Map produced at the request of Senator Campbell and dated Jan. 6, 2000.

Oil and Gas. "Nothing in this proclamation shall affect the rights or obligations of existing carbon dioxide, oil or gas leases and the opportunity to fully develop them."

Grazing. "The Bureau of Land Management shall continue to issue and administer grazing leases within the National Monument consistent with the laws, regulations and policies followed by the Bureau of Land Management in issuing and administering grazing leases on all lands under its jurisdiction."

Access to Private Property. "Nothing in this proclamation shall affect historic rights of access and reasonable future access to private property within or adjacent to National Monument boundaries."

Mechanized and Motorized Travel. "Nothing in this proclamation shall preclude the historical usage of existing roads and trails by mechanized methods of travel. Nothing in this proclamation should be allowed to preempt the historical use of motorized recreation on existing roads and trails."

Primitive and Dispersed Recreational Use. "Primitive and dispersed recreation uses will be permitted and accommodated to the extent possible consistent with the need to protect and manage areas with significant archaeological and historic value."

Buffer Zones. "There shall be no buffer zone around the National Monument Boundaries."

Private Property Within or Adjacent to Monument Boundaries. "Nothing in this proclamation shall restrict the use of private property within or adjacent to the National Monument boundaries."

Water Rights. "Nothing in this Proclamation constitutes an express or implied reservation of any water right."

Valid Existing Rights. "The establishment of this monument is subject to all valid existing rights."

Hunting, Fishing and Wildlife. "Nothing in this proclamation shall be deemed to enlarge or diminish the jurisdiction of the State of Colorado with respect to fish and wildlife management."

Advisory Council. "An advisory council shall be appointed to advise the Secretary with respect to the preparation and implementation of the management plan. The Advisory Council shall include representatives from the Montezuma and Dolores County Commissions and the Chairman of the Ute Mountain Ute Tribe, as well as local agricultural, private property, oil and gas, tourism and recreational interests."

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