Rehberg reminds USFS: Only Congress can create wilderness
by Jed Link, Clark Fork Chronicle, April 27 2010 [here]
Rep. Denny Rehberg (R-MT) is opposing a move to have wilderness study areas managed as de facto wilderness through bypassing current law that gives authority to designate wilderness areas to Congress.
“It seems some in the House have forgotten why they are in Congress,” said Rehberg, a member of the House Appropriations Committee. “The Wilderness Act clearly requires Congress to designate new wilderness, yet some are trying to bypass the law, the will of the American people, and the checks and balances of the Constitution to reward their special interest group friends.”
Rehberg joined a large group of House Members including Doc Hastings (WA) and Rob Bishop (UT) in sending a letter to U.S. Forest Service Chief Tom Tidwell opposing the request. The letter is a direct response to an effort within the House Committee on Natural Resources to have the Forest Service issue new guidelines to manage Recommended Wilderness Areas as de facto Wilderness Areas. The move would place severe limitations on public access, restrict job-creating and energy-producing activities, and decrease the ability to respond to fires and emergencies.
Citing the Wilderness Act, the group wrote, “The law is crystal clear that the power to designate wilderness rests squarely and solely with the Congress. It is a baseless, twisted reading of the law to suggest that Congress intended to allow an agency to administratively declare an area as recommended for wilderness designation and then to manage that area exactly as if Congress had taken action to make such a designation.”
“This is a rather blatant attempt to bypass laws and the public process and pursue an extremist agenda without any regard for what the American people want,” said Rehberg.
The full text of the letter appears as follows:
Dear Chief Tidwell:
We write to ensure that you uphold the clear statutory language of the Wilderness Act of 1964. Recently, several of our colleagues wrote to encourage you to manage Recommended Wilderness Areas as de facto Wilderness Areas. We strongly object to their misinterpretation of the law and their willing suggestion that your agency usurp Congressional authority.
The Wilderness Act states: “… there is herby established a National Wilderness Preservation System to be composed of federally owned areas designated by the Congress as wilderness areas …”. The law is crystal clear that the power to designate wilderness rests squarely and solely with the Congress. It is a baseless, twisted reading of the law to suggest that Congress intended to allow an agency to administratively declare an area as recommended for wilderness designation and then to manage that area exactly as if Congress had taken action to make such a designation.
Designating an area as wilderness imposes the most restrictive land use policies that can be taken. As you well know, it places severe limitations on public access to public lands, prohibits motorized and mechanized recreation, severely restricts job-creating and energy producing activities, responsible timber management, and decreases capabilities to respond to fires and emergencies as roads, trails, structures and other facilities are banned. Wilderness designations are not actions that should be taken lightly, which is why the Act was specific in restricting the ability to make designations to Congress so as to ensure a careful, public, and deliberative process. This is the proper approach. The Congressional process allows for local stakeholder involvement and makes certain that those impacted have a true voice through the representative branch of government. While not perfect, this process allows local citizens, many of whom have livelihoods dependent upon activities potentially affected by the public lands in question, to have their voices heard. This should not be wiped away by the stroke of a pen by a non-elected official acting outside this open, public process and against the unambiguous intent of the Wilderness Act.
Lastly, we are compelled to note that the lead signatories of the letter to you serve as the Chairmen of the full Natural Resources Committee and the Subcommittee on National Parks, Forests and Public Lands. It is within the authority of these two Chairmen to act to move wilderness designation legislation, an yet they write asking that you exercise authority that is rightly that of Congress. They cite an enormous amount of potential wilderness acreage to be designated or under consideration by Congress, but neither the House Committee nor the full House of Representatives has acted to consider legislation approaching anywhere close to that amount of land. Only two conclusions can be drawn from their seeking you to act when they do not, either they are unwilling to advance such wilderness designations or they know they don’t have the votes to accomplish it. Whichever the reason, lack of interest or lack of ability to succeed, this is even further justification for the agency to reject their request and to fully abide by the Act by not managing Recommended Wilderness Areas as de facto Wilderness Areas.
A copy of this letter will be sent to the directors of other land management agencies within the government to share a similar message and reminder of the clear worlds of the Wilderness Act. Thank you.