Education vs Coal

My latest “Letter to the Editor” published in the Sale Lake Tribune March 3, 2012.

-SB31, which would have reduced class size in grades K-3 in our public schools, was killed in committee because, “It’s a good program, but it’s an unfunded mandate and in the future they’ll be back here asking us for money or there will be multitude of problems,” said Rep. Wayne Harper, R-West Jordan.
Well, here’s a possible solution: Fund the bill, using the money we will otherwise be throwing away to “take back” federal property in Utah. -

“This week, the Utah House passed a package of bills that demands that the federal government surrender ownership to the state of more than 30 million acres of federal land. If Congress fails to act on the demand, money has been set aside to initiate a lawsuit and permission granted to take other, undefined sovereign actions. The measures are intended to dismantle a national monument, free up trillions of dollars in oil, gas and coal reserves, and give the state authority to set conditions for the use of national parks.” (Salt lake Tribune, March 3, 2012) In a state strapped for cash, where is this money that has been “set aside” coming from? (My comment, not published)

Here’s some background information. Utah consists of, in round numbers, 54 million acres; more 30 million are owned by the United States Government, which pays no state property taxes. The most notable sections of US Government land are: Arches, Bryce, Canyonlands, Capital Reef and Zion National Parks (a total of 837,910 acres); National Forest properties including: Ashley, Cache, Dixie, Fishlake, Manti-La Sal, Sawtooth, Uinta, and Wasatch-Cache National Forests (a total of 8.2 million acres). Utah is home to Hill Air Force Base, Dugway Proving Ground, the Toole Army Depot, and Utah Test and Training Range, numerous government buildings (including an IRS complex); additionally the BLM administers 29.9 million acres which includes the Grand Staircase National Monument (1.9 million Acres). In my opinion, it is this 1.9 million acres in the Grand Staircase-Escalante National Monument that creates the largest heartache for Utah legislatures.

In September 1996, President Bill Clinton (not well-liked in Utah), citing the Antiquities Act, established the Grand Staircase-Escalante National Monument (as well as the Vermillion Cliffs National Monument, in Arizona) while visiting Grand Canyon National Park. The Utah congressional delegation and the Utah Governor were only given 24 hours advance notice of President Clinton’s plan. At the heart of the issue was a planned exploration of coal resources (The Andalex Coal Mine) which would have created jobs and business in an economically distressed part of Utah. Environmentalists were concerned that many sites of value would be destroyed by the mining operations. Additionally, there was concern that air pollution created by the mining operations would sacrifice air quality over the Arches, Bryce, Canyonlands and Zion National Parks. (Since 2000, numerous dinosaur fossils have been found in Grand Staircase-Escalante National Monument; one a new species Gryposaurus monumentensis and two ceratopsid (horned) species. All of these were found in the area that would have been impacted by the proposed Andalex mine.)

The arguments from both sides are understandable to the thinking individual. Environmentalists are concerned about the damage created by a strip mining operation (such as Andalex proposed); the deterioration of air quality over our National Parks, and the collateral damage of heavy equipment rolling over roads not designed for such use. The Andalex plan had not discussed recovery of the land after mining, the disposition of overburden, or the damage to roads. Neither the state or the proposed mine had put into place any plans for infrastructure improvements, such as housing, schools, water and waste facilities, or noise and pollution abatements. Having lived and worked in a “boom town” environment (Rock Springs, Wyoming); and having studied and seen firsthand the damage done to “boom town” areas, I do understand the concerns raised by the environmental side.

I also understand the economic issues. My family has visited these areas many times, and I have worked with utilities in the area. The promise of good-paying jobs, the lure of new businesses, new opportunities, and increased property values, does have a high luster to people in the area. The proposed Andalex mine would definitely create a great, fast wealth for the communities in the area. Additional oil and gas exploration in the areas would only expand the growth, and the potential revenues, from both personal and taxation-value positions. Certainly, there are arguments on both sides that need to be discussed. Definitely, the mineral resources on the Kaiparowits Plateau should be open for discussion. Without a doubt, there are items of antiquity on the plateau that should be preserved. But, these need to be items of discussion, learned discourse, not unwinable lawsuits that only damage our State’s reputation and economic viability.

But here is the problem for this latest group of “bills” from the Utah Legislature: The U.S. Constitution, the Utah State Constitution, and the Utah State Enabling Act -all three- forbid the state from seeking control of federal lands and all three protect the right of the federal government to hold land it has claimed. If these bills pass the Utah Senate, the State of Utah (that’s you and I, fellow tax-payers of Utah) will pay to defend these message bills until they are thrown out by at least two courts of proper jurisdiction. Additionally, the United States Government will spend money (That’s you and I, fellow tax-payers of the United States), to defeat Utah’s claim. The legal advice to the Utah House and Senate said, in so many words, don’t do this. We are wasting money, money that should be spent on education. This is very short-sighted, irresponsible, and ridiculous legislation. If our state legislature wants to open a discussion about these issues with “Washington,” by all means do so, in a proper manner, through open, proper channels. Don’t waste our limited financial resources on lawsuits Utah will ineveitably lose.

This has the appearance of ”bought and paid for” legislation. Big money interests, namely coal and oil developers, would love to have these areas open to exploration. Our legislature is bowing down to the money, the greed of these developers. They are doing so without regard to the potential impact on the environment, to the children and grandchildren of those people living in the area, and without regard to long-stand federal laws. In doing this, they are making a desperate, sad plea for the coal and oil developers to keep money coming into their campaign funds, perhaps into their own pockets. It’s wrong, in my opinion, and it will cost the taxpayers of Utah dearly over the next several years. The money we will waste would be put to much better use if funneled into education, such as reducing class size.

Your comments and opinions are welcome, as always.