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Welcome to the landscape, your show about America's

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parks and public lands. I'm Erin Weiss with

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the Center for Western Priorities in Denver. And

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I'm Kate Gretzinger in Salt Lake City.

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Today on the pod, we've got two discussions

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about recent executive orders that affect public lands.

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The first covers Trump's recent EO aimed at

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increasing mining on BLM lands, and the second

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is about an EO aimed at ramping up

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logging in our national forests.

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We'll get to those in a sec, but

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first, the news.

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Well, the big news today is that lawmakers

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in Congress are talking openly about selling off

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America's public lands to try to pay for

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a massive budget reconciliation

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bill that would advance president Trump's massive spending

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and tax cut plan.

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Now this isn't necessarily

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new. Earlier this year, the House Ways and

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Means Committee Republicans

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released a list of possible cuts and revenue

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raisers for reconciliation.

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Their aim is to both cut taxes and

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ramp up border security by throwing more money

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at the border, so federal land sales were

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on that list.

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The house rules package that was adopted in

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January

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waived budget offset requirements

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for selling or giving away public lands. In

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other words, it wouldn't count as a loss

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of revenue even if taxpayers got ripped off.

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Now Bruce Westerman, who is the chair of

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the House Natural Resources Committee,

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told E and E News this week that

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the land they are considering selling off would,

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quote, just be in areas where you can't

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get affordable housing like gateway

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communities. Now it's unclear how selling land at

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market rates, presumably in those expensive gateway communities,

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could in any way address affordable housing.

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This basically just sounds like Mike Lee's houses

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act, which as we've talked out before on

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this podcast,

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proposes selling off lands for trophy homes with

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no guardrails

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anywhere

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for affordability.

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Now

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this is exposing some rifts within the Republican

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party. That includes senator Steve Daines and representative

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Brian Zinke, both from Montana,

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who are saying they will not support a

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bill that includes a public lands sell off.

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Senator Martin Heinrich of New Mexico also emphatic

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about his opposition to including public land sales

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in any reconciliation

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bill. Of course, senator Heinrich somewhat less relevant

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to that conversation

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since the whole point of a reconciliation bill

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is that you can pass it with just

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50 votes.

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Democrats don't need to be involved.

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We will, of course, track all of this

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closely and keep you updated.

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Our guest today is Mitch Friedman. He's the

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founder and executive director of Conservation

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Northwest.

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His group works to connect and restore wildlands

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and wildlife from the Washington Coast to the

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British Columbia Rockies. Mitch, thank you very much

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for being on the pod. Thanks for having

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me here.

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So there is a lot going on with

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our national forests right now from potentially

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illegal forest service personnel cuts that may be

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getting

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uncut

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to executive and legislative efforts to fast track

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logging and clear cuts in our national forests.

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We're gonna try and touch on all of

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this. Hopefully, you can connect some of the

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dots for us. I wanna start with president

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Trump's executive order from March 1.

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It calls for, quote,

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immediate expansion of American timber production.

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What is in that order?

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Well, it's a clear indication

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of the president's intentions.

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It directs

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the agencies, the departments

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to come back

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in certain timelines

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starting within a month and and drawing out

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over the next several months

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with

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proposals

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for new rulemaking

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to

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shortcut

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federal process.

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So the executive order

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itself doesn't do anything

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except

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kick start these potential

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future process tweaks.

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So we know what the president wants to

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do. The question is

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how

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does he get there?

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Since it sounds like there's not much using

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executive authority alone,

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he can use to speed up logging. Is

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that that fair summary of where we're at

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right now?

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A fair summary,

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there are only

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two

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buckets

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touched on in the executive order.

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One is environmental

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policy, so environmental analysis under the National Environmental

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Policy Act. The other is the endangered species

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act,

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but there's no mention in the executive order

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about the National Forest Management Act.

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So the president may intend to generate more

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logs, but how he's gonna get there from

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here is

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altogether unclear.

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I wanna go back to something we've touched

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on this podcast a couple times

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last year, which was the Northwest

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Forest Plan.

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Amending that plan, that is something that the

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Biden administration

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was working on. They released an environmental review

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last November, but then never finalized it. So

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what is going on with the Northwest Forest

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Plan, and how does that fit in to

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the extent we know with what president Trump

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and his cabinet are doing now? The Northwest

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Forest Plan

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was adopted under president Clinton

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in the mid nineties whose reaction to the

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spotted owl and the ancient forest wars,

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and it's unique.

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The Northwest forest plan is the only plan

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in the country that aggregates

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a bunch of different national forests.

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So it's a regional plan, and it's

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it's a remarkable

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you know, it's probably the most and best

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science driven land management plan in the world.

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So the Biden administration set up a process

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to update it, to amend it.

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We don't know what the Trump administration

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will do in terms of that amendment process.

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So I'll take these comments, and

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I guess we'll be hearing from them in

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the months ahead.

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Alright. So a lot of unknowns

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on the agency front and on the

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on, I guess, the the administrative front

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and and the White House.

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At the same time, you have Congress and

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a bill called the Fix Our Forests Act.

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It's moving through Congress with some amount of

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bipartisan

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support. It looks like it may pass.

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What what's the deal with that bill? How

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does it align with what president Trump is

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trying to do or not align?

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Well, president Trump,

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his executive orders bump up against

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statutory limitations.

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Executive orders cannot

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roll back what Congress has passed in statute,

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but Congress can.

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And the fix our forests

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act

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is an attempt by congressional leaders to

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well, I would I would say to generate

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more logging

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that directs the agencies

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to organize

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fire vulnerable

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national forest by fire sheds.

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And within

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priority fire sheds,

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there would be less environmental

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process and more,

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oh, I guess, support

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agency support

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to try to get up to large scale

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projects to reduce

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wildfire risk.

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For instance,

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within a designated fire shed,

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you could use a categorical

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exclusion, which is a short form for environmental

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analysis

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on a project of up to 10,000 acres.

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And that's massive. 10,000 acres, that's what about

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15 square miles

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within which you

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could

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do prescribed burning. You could remove trees.

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There aren't even sideboards for whether you could

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remove old trees or snags.

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You could put in

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so called fuel breaks or fire breaks, which

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are controversial.

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So it's a it's a big deal, the

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Fix Our Force Act. It's passed the house.

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It's in the senate now. It almost certainly

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will pass.

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There's a bipartisan team of four senators working

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on it.

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Conservation groups are giving input through the democratic

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side to try to, you know, at at

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least make some improvements.

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I'll get subjective here for a second. You

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know, I've been doing this for a long

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time, and I remember when, you know, George

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w Bush was president and his

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the guy who ran his forest service from

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Department of Agriculture was an old timber industry

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lobbyist who was our nemesis, Mark Ray.

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That guy was brilliant, and he knew the

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law inside and out.

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And he got a statute passed by Congress

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that we were all freaked out about at

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the time.

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But in the end, it didn't really change

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all that much. And I suspect

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that everything we're talking about here, Aaron, the

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executive orders,

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the the act in congress, all of these

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things

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are not going to change as much on

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the ground

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as some of the staffing or funding

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issues that we might talk about.

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So yeah. So so why is that? Is

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that truly you need more people to do

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these timber sales and these management? Or or

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is it that without

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all those things, you can't follow the law

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that still exists, whether it's NEPA or the

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Endangered Species Act? Yeah.

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Where what's the gap between what's what Trump

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is trying to do or what previous

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secretaries or foresters have tried to do in

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terms of more logging versus what actually happens

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on the ground?

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I think that there is a secret

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answer to that question that's hidden inside a

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golden ring that's buried under the ocean.

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You know, as part of the bipartisan infrastructure

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law that passed

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three years ago,

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Congress gave the Forest Service literally billions of

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dollars.

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You know, 3,200,000,000.0

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for this and that plus another couple. I

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mean, through a ton of money at the

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agency.

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Last fall, so still under the Biden administration,

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the forest service found that they were a

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half billion dollars in the hole and

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laid off a ton of seasonal workers.

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You know, so this

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a a process we're in now of the

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forest service being gutted of personnel and capacity

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started even before Trump.

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And that's because the forest service

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is a mess.

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Alright. I'm gonna I'm gonna lay some cards

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on the table. I'm not a process guy.

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00:11:40,549 --> 00:11:42,329
I don't believe that

283
00:11:42,709 --> 00:11:43,689
rigid NEPA,

284
00:11:44,629 --> 00:11:47,189
rigid environmental analysis is the way to get

285
00:11:47,189 --> 00:11:47,689
great

286
00:11:48,634 --> 00:11:51,774
environmental decisions or great government action.

287
00:11:52,715 --> 00:11:55,375
And I am an active management guy.

288
00:11:55,915 --> 00:11:57,595
You know, I started out as I'm one

289
00:11:57,595 --> 00:11:59,514
of the first tree climbers in the nineteen

290
00:11:59,514 --> 00:12:02,014
eighties. I was an Earth First organizer. I'm

291
00:12:02,250 --> 00:12:05,049
I'm a pro wild guy, but I've come

292
00:12:05,049 --> 00:12:08,350
to very much believe that good science based

293
00:12:08,570 --> 00:12:09,070
biodiversity

294
00:12:09,529 --> 00:12:10,029
driven

295
00:12:11,610 --> 00:12:14,190
outcomes on our federal lands and our forests

296
00:12:15,434 --> 00:12:17,855
requires active management in a lot of areas.

297
00:12:17,915 --> 00:12:19,054
So I want

298
00:12:19,595 --> 00:12:22,495
a lot more prescribed burning. I want

299
00:12:23,195 --> 00:12:24,335
good thoughtful

300
00:12:25,115 --> 00:12:28,735
forest management restoration projects that thin out

301
00:12:29,179 --> 00:12:32,620
small trees. I want rural communities to engage

302
00:12:32,620 --> 00:12:34,459
in these things and have jobs and the

303
00:12:34,459 --> 00:12:36,220
mills to be vibrant and the forest to

304
00:12:36,220 --> 00:12:37,360
be healthy.

305
00:12:38,860 --> 00:12:41,419
I cannot tell you how to get there

306
00:12:41,419 --> 00:12:43,884
from here. I want the forest service to

307
00:12:43,884 --> 00:12:46,764
be a great functional successful agency. We need

308
00:12:46,764 --> 00:12:47,504
it to be.

309
00:12:47,884 --> 00:12:50,764
But it is a mess, and pumping money

310
00:12:50,764 --> 00:12:51,904
in at what end

311
00:12:53,084 --> 00:12:55,504
does not mean logs or biodiversity

312
00:12:55,884 --> 00:12:58,860
or any other predictable outcome other than gridlock

313
00:12:59,080 --> 00:13:00,220
pops up the other.

314
00:13:01,800 --> 00:13:04,200
But I do think one can say that

315
00:13:04,200 --> 00:13:05,259
gutting the agency

316
00:13:05,879 --> 00:13:07,580
isn't gonna fix any of that.

317
00:13:08,200 --> 00:13:08,700
So

318
00:13:09,695 --> 00:13:11,875
it's not firing 7,000 foresters.

319
00:13:12,495 --> 00:13:14,274
It's not just throwing

320
00:13:14,735 --> 00:13:17,475
money at the agency without a plan. So

321
00:13:17,615 --> 00:13:19,875
if if you had a magic wand,

322
00:13:20,975 --> 00:13:23,315
what would what would you waive it at

323
00:13:23,375 --> 00:13:24,434
to get to

324
00:13:24,839 --> 00:13:26,940
more prescribed burns, to get to

325
00:13:27,480 --> 00:13:29,879
thinning of the small stuff and not the

326
00:13:29,879 --> 00:13:30,620
old growth?

327
00:13:31,480 --> 00:13:33,100
How how do you do that?

328
00:13:33,720 --> 00:13:35,899
There are two poles in management.

329
00:13:36,759 --> 00:13:39,019
There's prescription and there's discretion.

330
00:13:41,205 --> 00:13:43,625
I think I used to be a prescription

331
00:13:43,845 --> 00:13:45,065
guy that congress

332
00:13:45,684 --> 00:13:46,184
and

333
00:13:46,644 --> 00:13:47,945
and people like me

334
00:13:48,565 --> 00:13:51,045
through the courts or whatever should tie the

335
00:13:51,045 --> 00:13:52,884
hands of the agencies so that they should

336
00:13:52,884 --> 00:13:54,504
never do anything bad.

337
00:13:55,009 --> 00:13:56,610
And the outcome of that is that they

338
00:13:56,610 --> 00:13:58,950
just don't do very much good either.

339
00:13:59,330 --> 00:14:00,470
They become demoralized

340
00:14:01,809 --> 00:14:02,549
and ineffectual

341
00:14:03,009 --> 00:14:04,309
and process driven.

342
00:14:05,490 --> 00:14:06,950
On the other end is discretion.

343
00:14:07,809 --> 00:14:08,470
You know,

344
00:14:08,784 --> 00:14:10,705
in the early days of the forest service

345
00:14:10,705 --> 00:14:13,345
and through, I'd say, until about the mid

346
00:14:13,345 --> 00:14:14,804
nineteen eighties when,

347
00:14:15,184 --> 00:14:17,504
you know, the battle over ancient forest really

348
00:14:17,504 --> 00:14:18,404
changed things,

349
00:14:19,664 --> 00:14:21,570
each national forest, each

350
00:14:22,049 --> 00:14:25,649
ranger district, the subunits of each national forest,

351
00:14:25,649 --> 00:14:26,950
each district ranger

352
00:14:27,490 --> 00:14:30,049
had a lot of authority and discretion, and

353
00:14:30,049 --> 00:14:31,029
these were people

354
00:14:31,649 --> 00:14:33,490
who who could get stuff done on the

355
00:14:33,490 --> 00:14:36,389
ground. They knew their valleys, their districts,

356
00:14:39,065 --> 00:14:41,004
and they were in touch with their communities,

357
00:14:42,904 --> 00:14:45,245
and there was an efficiency to that.

358
00:14:45,865 --> 00:14:47,785
But they got taken over by the timber

359
00:14:47,785 --> 00:14:48,285
industry.

360
00:14:48,825 --> 00:14:51,304
They made a mess. They cut too much,

361
00:14:51,304 --> 00:14:52,769
and we whacked them back.

362
00:14:53,809 --> 00:14:56,450
And now the forest service lacks for an

363
00:14:56,450 --> 00:14:56,950
identity

364
00:14:57,730 --> 00:14:58,870
or a clear mandate.

365
00:14:59,970 --> 00:15:00,790
They're demoralized.

366
00:15:02,929 --> 00:15:04,870
If I were in charge,

367
00:15:05,250 --> 00:15:06,550
if I were the chief,

368
00:15:07,834 --> 00:15:08,495
I would

369
00:15:09,514 --> 00:15:11,595
boy. There would be a lot to do.

370
00:15:11,595 --> 00:15:13,774
But what you aspire to

371
00:15:15,194 --> 00:15:18,554
is good government. It cannot be our goal

372
00:15:18,554 --> 00:15:21,774
as activists to have bad dysfunctional government.

373
00:15:22,700 --> 00:15:24,320
So we want an agency

374
00:15:25,019 --> 00:15:25,519
that

375
00:15:25,980 --> 00:15:28,940
that has high morale and high capacity and

376
00:15:28,940 --> 00:15:29,759
high functionality,

377
00:15:30,460 --> 00:15:32,480
but we wanted to have those things

378
00:15:32,860 --> 00:15:33,919
for biodiversity,

379
00:15:34,835 --> 00:15:36,375
for quality management,

380
00:15:36,995 --> 00:15:39,174
not for industry driven

381
00:15:39,875 --> 00:15:40,774
get the cutout.

382
00:15:42,035 --> 00:15:43,894
I wanna get back to

383
00:15:45,075 --> 00:15:47,429
the Trump administration and the Trump EOs,

384
00:15:49,250 --> 00:15:51,110
because this does tie into

385
00:15:51,570 --> 00:15:54,290
the fights over the ancient forests or the

386
00:15:54,290 --> 00:15:56,710
timber wars or whatever you wanna call it.

387
00:15:57,570 --> 00:15:58,070
And

388
00:15:59,170 --> 00:16:01,029
these executive orders and

389
00:16:01,514 --> 00:16:04,175
secretary Doug Burgum's secretary of the orders

390
00:16:05,355 --> 00:16:06,654
talk about regularly

391
00:16:07,274 --> 00:16:10,654
convening something called the God Squad.

392
00:16:11,595 --> 00:16:14,735
What is this committee? Why haven't we generally

393
00:16:15,035 --> 00:16:16,080
heard of it?

394
00:16:17,120 --> 00:16:18,500
And what could it potentially

395
00:16:19,200 --> 00:16:20,019
do here

396
00:16:20,639 --> 00:16:21,860
in light of

397
00:16:22,960 --> 00:16:26,000
the Endangered Species Act, in light of the

398
00:16:26,160 --> 00:16:26,660
these

399
00:16:28,894 --> 00:16:31,475
struggling, if not failing management policies?

400
00:16:32,894 --> 00:16:35,934
The Endangered Species Act is one of the

401
00:16:35,934 --> 00:16:37,154
clear and strongest

402
00:16:38,495 --> 00:16:41,049
and most remarkable laws perhaps in the in

403
00:16:41,049 --> 00:16:44,429
the world. Right? When it's working, it puts

404
00:16:44,570 --> 00:16:46,429
the needs of a rare species

405
00:16:46,889 --> 00:16:47,389
first.

406
00:16:48,970 --> 00:16:50,269
What the god squad

407
00:16:52,009 --> 00:16:54,970
allows, it's one section in in in the

408
00:16:54,970 --> 00:16:57,125
Endangered Species Act that

409
00:16:58,705 --> 00:16:59,684
gives a president

410
00:17:00,865 --> 00:17:03,605
the option of pulling together this committee

411
00:17:04,785 --> 00:17:06,244
to consider overriding

412
00:17:07,744 --> 00:17:08,404
the prohibitions

413
00:17:09,890 --> 00:17:13,089
where there's a public interest that should or

414
00:17:13,089 --> 00:17:13,990
may overwhelm

415
00:17:14,929 --> 00:17:17,750
the public interest in this protected species.

416
00:17:18,529 --> 00:17:20,869
And the god squad has only been convened

417
00:17:21,009 --> 00:17:21,829
three times

418
00:17:22,210 --> 00:17:24,944
in the, what, fifty years or so of

419
00:17:25,105 --> 00:17:27,524
that the Endangered Species Act has been around.

420
00:17:29,184 --> 00:17:30,404
And so what

421
00:17:31,024 --> 00:17:34,884
president Trump has proposed in this executive order

422
00:17:35,024 --> 00:17:35,764
is novel.

423
00:17:36,784 --> 00:17:38,539
It's more of a proactive

424
00:17:39,079 --> 00:17:40,859
convening of the god squad.

425
00:17:41,559 --> 00:17:43,980
In the statute, the god squad is reactive.

426
00:17:44,679 --> 00:17:46,839
You know, when when things are so held

427
00:17:46,839 --> 00:17:48,380
up by the needs of a species

428
00:17:48,919 --> 00:17:50,759
and it's a it's a real problem, the

429
00:17:50,759 --> 00:17:52,775
president can pull these folks together, and they

430
00:17:52,775 --> 00:17:54,315
can figure out what to do about

431
00:17:54,855 --> 00:17:57,414
it. The executive order takes the opposite approach.

432
00:17:57,414 --> 00:17:59,894
It says, let's get the grad squad together

433
00:17:59,894 --> 00:18:01,835
to figure out how to screw species.

434
00:18:03,815 --> 00:18:05,815
I tend to think that whatever they would

435
00:18:05,815 --> 00:18:06,634
come up with

436
00:18:07,660 --> 00:18:09,039
would not pass

437
00:18:09,740 --> 00:18:10,240
muster

438
00:18:10,619 --> 00:18:12,700
of judicial review. I think the courts would

439
00:18:12,700 --> 00:18:14,799
block it, but I'm not a lawyer.

440
00:18:15,660 --> 00:18:18,220
I mean, would would that be potentially just

441
00:18:18,220 --> 00:18:21,259
saying, okay. We've tried to save this the

442
00:18:21,259 --> 00:18:22,640
northern spotted owl.

443
00:18:23,044 --> 00:18:24,585
We've failed. Therefore,

444
00:18:25,125 --> 00:18:26,964
we're gonna just let the spotted owl go

445
00:18:26,964 --> 00:18:28,984
extinct. I mean, is that the the

446
00:18:29,605 --> 00:18:31,464
lengths to which they could go potentially?

447
00:18:32,164 --> 00:18:34,505
What drives the Northwest Forest Plan

448
00:18:35,285 --> 00:18:37,589
isn't the Endangered Species Act, but the National

449
00:18:37,589 --> 00:18:38,650
Forest Management

450
00:18:40,309 --> 00:18:43,109
Act. The endangered species act says spotted owl

451
00:18:43,109 --> 00:18:45,509
shouldn't go extinct, and it describes what should

452
00:18:45,509 --> 00:18:48,250
happen for that. The National Forest Management

453
00:18:48,630 --> 00:18:49,450
Act requires

454
00:18:50,555 --> 00:18:51,454
that the agency

455
00:18:52,315 --> 00:18:52,815
manage

456
00:18:53,355 --> 00:18:54,494
for all native

457
00:18:54,795 --> 00:18:57,454
and desired non native vertebrates to have viable

458
00:18:57,515 --> 00:18:58,015
populations.

459
00:18:59,674 --> 00:19:02,335
So you could the god squad could not

460
00:19:02,559 --> 00:19:05,279
toss the Northwest forest plan because it still

461
00:19:05,279 --> 00:19:08,500
hangs by a National Forest Management Act frame.

462
00:19:09,440 --> 00:19:11,839
Also, spotted owls are not the only listed

463
00:19:11,839 --> 00:19:14,080
species in the landscape. There's a lot of

464
00:19:14,080 --> 00:19:14,580
listed

465
00:19:15,855 --> 00:19:17,714
salmon and steelhead stocks

466
00:19:18,654 --> 00:19:20,355
and and other organisms.

467
00:19:20,654 --> 00:19:21,154
So

468
00:19:22,974 --> 00:19:24,974
I tend to think that that was a

469
00:19:24,974 --> 00:19:27,455
political move. You know, it's a sop to

470
00:19:27,455 --> 00:19:28,515
the timber industry.

471
00:19:29,630 --> 00:19:31,630
I don't think it's gonna have a lot

472
00:19:31,630 --> 00:19:32,289
of impact.

473
00:19:33,549 --> 00:19:35,710
I'm trying to think about how all of

474
00:19:35,710 --> 00:19:36,210
this

475
00:19:36,910 --> 00:19:39,309
comes together. Obviously, a lot of question marks

476
00:19:39,309 --> 00:19:41,470
here over these orders, a lot of question

477
00:19:41,470 --> 00:19:41,970
marks

478
00:19:42,545 --> 00:19:44,865
over the courts, a lot of question marks

479
00:19:44,865 --> 00:19:47,505
over how many people there are going to

480
00:19:47,505 --> 00:19:48,005
be

481
00:19:48,704 --> 00:19:50,325
working for the forest service.

482
00:19:51,825 --> 00:19:53,285
What's the path forward?

483
00:19:54,865 --> 00:19:57,204
Well, I've never seen anything like this.

484
00:19:57,670 --> 00:19:58,970
You know, when I came into

485
00:19:59,670 --> 00:20:02,250
activism under Reagan, and I lived through

486
00:20:03,109 --> 00:20:05,029
Bush and Trump won. And I know all

487
00:20:05,029 --> 00:20:05,930
of those situations,

488
00:20:06,630 --> 00:20:08,710
we always thought that there were people we

489
00:20:08,710 --> 00:20:10,070
could go talk to. I had a good

490
00:20:10,070 --> 00:20:12,230
relationship with Mark Ray. I met with him

491
00:20:12,230 --> 00:20:13,714
a a fair amount.

492
00:20:16,575 --> 00:20:18,835
And when Doug Burgum was appointed,

493
00:20:19,295 --> 00:20:21,454
you know, I talked to friends in the

494
00:20:21,454 --> 00:20:23,394
Dakotas. He had a good reputation.

495
00:20:23,775 --> 00:20:25,934
You know? Yeah. He's an oil and gas

496
00:20:25,934 --> 00:20:26,755
guy, but

497
00:20:27,680 --> 00:20:29,059
seem to like wildlife.

498
00:20:30,640 --> 00:20:32,720
I don't think any of that matters. I

499
00:20:32,720 --> 00:20:34,640
think the way that we used to look

500
00:20:34,640 --> 00:20:35,539
at these appointments

501
00:20:39,039 --> 00:20:40,980
has kind of been thrown out

502
00:20:41,519 --> 00:20:42,660
by this more

503
00:20:44,095 --> 00:20:45,714
performative and polarized

504
00:20:50,174 --> 00:20:50,674
and

505
00:20:51,214 --> 00:20:51,714
legally

506
00:20:52,095 --> 00:20:52,994
highly questionable

507
00:20:53,775 --> 00:20:54,994
approach of Doge.

508
00:20:56,509 --> 00:20:58,669
I mean, we're starting to get towards a

509
00:20:58,669 --> 00:21:00,130
core question of

510
00:21:01,309 --> 00:21:03,889
what happens if you got the federal government.

511
00:21:04,029 --> 00:21:06,109
If there's nobody there to do the work,

512
00:21:06,109 --> 00:21:07,409
what work gets done?

513
00:21:08,525 --> 00:21:10,845
Whether that work is cutting trees or putting

514
00:21:10,845 --> 00:21:11,585
out fires

515
00:21:13,404 --> 00:21:16,944
or fixing trails and cleaning latrines at trailheads.

516
00:21:18,525 --> 00:21:20,065
I see I see big problems,

517
00:21:21,230 --> 00:21:22,990
and maybe that's the plan. I mean, there

518
00:21:22,990 --> 00:21:25,869
are people that take a conspiracy theory approach

519
00:21:25,869 --> 00:21:26,769
to this that,

520
00:21:28,430 --> 00:21:29,150
you know, if you've

521
00:21:30,430 --> 00:21:31,090
if you

522
00:21:31,950 --> 00:21:35,009
reduce the workforce of, say, the forest service

523
00:21:35,105 --> 00:21:37,105
to such a degree that they can't maintain

524
00:21:37,105 --> 00:21:37,765
the trails

525
00:21:38,305 --> 00:21:40,805
and can't answer their phones and they can't

526
00:21:42,464 --> 00:21:45,505
clear brush and small trees and they can't

527
00:21:45,505 --> 00:21:47,445
respond effectively to wildfire,

528
00:21:48,450 --> 00:21:50,769
then, you know, the public outcry you you

529
00:21:50,769 --> 00:21:52,929
break government, and then the public says, oh,

530
00:21:52,929 --> 00:21:53,429
government

531
00:21:53,730 --> 00:21:54,710
government's broken.

532
00:21:55,329 --> 00:21:57,329
Let's get rid of government. Okay. Let's sell

533
00:21:57,329 --> 00:21:58,470
the public lands.

534
00:21:59,409 --> 00:22:02,069
There are some people that draw those connections.

535
00:22:02,369 --> 00:22:05,115
I don't believe that. I don't think there's

536
00:22:05,115 --> 00:22:06,575
a master plan here.

537
00:22:06,955 --> 00:22:07,775
You think it's

538
00:22:08,234 --> 00:22:09,855
just chaos at this point?

539
00:22:10,394 --> 00:22:10,894
Yes.

540
00:22:11,755 --> 00:22:13,515
Well, I'm afraid this is one of those

541
00:22:13,515 --> 00:22:15,455
episodes where we're gonna leave

542
00:22:15,994 --> 00:22:16,494
with

543
00:22:17,190 --> 00:22:19,750
not many answers and a lot more questions.

544
00:22:19,750 --> 00:22:21,509
So I'll just say, Mitch, I hope we

545
00:22:21,509 --> 00:22:22,970
can get you back on here

546
00:22:23,349 --> 00:22:26,230
in in six months or nine months, and

547
00:22:26,230 --> 00:22:27,529
we will check back

548
00:22:27,990 --> 00:22:29,669
to see where things are at with our

549
00:22:29,669 --> 00:22:31,234
forests and what has happened

550
00:22:31,855 --> 00:22:34,255
with the God Squad and with these forest

551
00:22:34,255 --> 00:22:35,875
ranger cuts and everything else.

552
00:22:36,575 --> 00:22:37,394
Mitch Friedman

553
00:22:37,855 --> 00:22:40,674
is the founder and executive director of Conservation

554
00:22:40,894 --> 00:22:41,394
Northwest.

555
00:22:41,695 --> 00:22:42,515
Mitch, really

556
00:22:42,894 --> 00:22:44,195
appreciate your perspective

557
00:22:45,029 --> 00:22:47,210
as it's important for folks to hear.

558
00:22:47,670 --> 00:22:49,850
Thank you, Aaron. Appreciate being on.

559
00:22:53,190 --> 00:22:56,150
Our next guest today is Rachel Hamby. Rachel

560
00:22:56,150 --> 00:22:58,150
is our policy director here at the Center

561
00:22:58,150 --> 00:22:59,210
for Western Priorities.

562
00:22:59,644 --> 00:23:02,605
She's going to break down Trump's executive order

563
00:23:02,605 --> 00:23:05,565
on mining and critical minerals. Rachel, welcome back

564
00:23:05,565 --> 00:23:06,304
to the pod.

565
00:23:06,924 --> 00:23:08,625
Thanks. Always great to be on.

566
00:23:09,325 --> 00:23:11,565
So Trump issued this order back in mid

567
00:23:11,565 --> 00:23:13,884
March that's essentially an effort to ramp up

568
00:23:13,884 --> 00:23:16,660
mining on public lands. Can you summarize the

569
00:23:16,660 --> 00:23:18,420
different provisions in the order? I know it

570
00:23:18,420 --> 00:23:19,779
was sort of a grab bag,

571
00:23:20,180 --> 00:23:21,559
before we get into the details.

572
00:23:22,420 --> 00:23:24,740
Yeah. And even before we talk about this

573
00:23:24,740 --> 00:23:26,119
executive order specifically,

574
00:23:26,740 --> 00:23:29,940
let's talk about executive orders or EOs in

575
00:23:29,940 --> 00:23:30,440
general.

576
00:23:30,934 --> 00:23:32,775
The thing to remember about these is that

577
00:23:32,775 --> 00:23:34,075
they do not overwrite

578
00:23:34,535 --> 00:23:38,315
existing law. These are the president directing agencies

579
00:23:38,615 --> 00:23:39,914
to do different things.

580
00:23:40,375 --> 00:23:42,694
But if the president is directing an agency

581
00:23:42,694 --> 00:23:45,194
to do something that is illegal or unlawful,

582
00:23:45,829 --> 00:23:48,230
they're gonna run into problems, whether it's with

583
00:23:48,230 --> 00:23:50,869
congress or by getting sued and having to

584
00:23:50,869 --> 00:23:52,549
deal with it in the courts. So I

585
00:23:52,549 --> 00:23:54,869
think it's important to remember that these are,

586
00:23:55,109 --> 00:23:58,630
I've seen them described variously as glorified press

587
00:23:58,630 --> 00:23:59,769
releases or

588
00:24:00,105 --> 00:24:03,065
memos but on fancy stationery. So it's important

589
00:24:03,065 --> 00:24:05,144
to keep in mind that these are not

590
00:24:05,144 --> 00:24:06,444
writing new laws.

591
00:24:07,065 --> 00:24:09,545
However, we have also learned that whenever the

592
00:24:09,545 --> 00:24:10,365
Trump administration

593
00:24:10,664 --> 00:24:12,605
says that they're gonna try something,

594
00:24:12,984 --> 00:24:13,724
they're serious.

595
00:24:14,279 --> 00:24:16,600
So we can't just dismiss this or any

596
00:24:16,600 --> 00:24:17,420
other EO.

597
00:24:17,880 --> 00:24:19,720
We have to take them seriously. These are

598
00:24:19,720 --> 00:24:21,960
real threats because they are saying clearly what

599
00:24:21,960 --> 00:24:23,100
they want to do.

600
00:24:23,480 --> 00:24:25,320
So with all of that in mind, let's

601
00:24:25,320 --> 00:24:27,660
look at this executive order specifically.

602
00:24:28,955 --> 00:24:32,555
It is immediate measures to increase American mineral

603
00:24:32,555 --> 00:24:33,055
production.

604
00:24:34,394 --> 00:24:36,555
A big thing that this EO does at

605
00:24:36,555 --> 00:24:37,934
the outset is

606
00:24:38,555 --> 00:24:39,934
issue a new,

607
00:24:40,315 --> 00:24:43,615
very broad, very generous definition of minerals

608
00:24:44,849 --> 00:24:45,509
to include

609
00:24:45,970 --> 00:24:48,690
not only minerals that are already on the

610
00:24:48,690 --> 00:24:51,910
official critical minerals list, but also,

611
00:24:52,529 --> 00:24:54,369
as you said, a grab bag of other

612
00:24:54,369 --> 00:24:54,869
materials

613
00:24:55,170 --> 00:24:56,069
like uranium

614
00:24:56,769 --> 00:24:57,589
and gold

615
00:24:57,970 --> 00:24:59,430
and other stuff.

616
00:25:00,025 --> 00:25:02,204
And it also gives Doug Burgum

617
00:25:02,585 --> 00:25:04,525
the authority under this EO

618
00:25:04,984 --> 00:25:05,484
to

619
00:25:05,785 --> 00:25:08,664
add other stuff to that list as he

620
00:25:08,664 --> 00:25:10,765
sees fit, whether it's at his own discretion

621
00:25:10,904 --> 00:25:12,605
or at Trump's direction.

622
00:25:13,660 --> 00:25:15,420
So what everything else that follows from this

623
00:25:15,420 --> 00:25:15,920
EO

624
00:25:16,299 --> 00:25:19,920
is following that very generous definition of minerals.

625
00:25:21,099 --> 00:25:23,680
The EO then goes on to lay out

626
00:25:23,900 --> 00:25:25,900
a number of actions that Trump wants the

627
00:25:25,900 --> 00:25:28,284
interior department to take to prioritize

628
00:25:28,664 --> 00:25:29,164
mining

629
00:25:29,625 --> 00:25:30,845
and mineral production

630
00:25:31,464 --> 00:25:33,144
on federal lands. And I think that that

631
00:25:33,144 --> 00:25:34,845
distinction is important because

632
00:25:35,704 --> 00:25:36,984
we all kind of have an idea of

633
00:25:36,984 --> 00:25:38,904
what mining is. It's a giant pit in

634
00:25:38,904 --> 00:25:41,164
the ground. There's a lot of construction materials.

635
00:25:41,640 --> 00:25:44,279
But the EO also provides for a number

636
00:25:44,279 --> 00:25:47,160
of other types of mineral production, and that

637
00:25:47,160 --> 00:25:49,740
could be a facility where they're

638
00:25:50,119 --> 00:25:50,619
taking

639
00:25:51,320 --> 00:25:54,759
materials and processing them into different products or

640
00:25:54,759 --> 00:25:56,894
refining them in some way. So there's a

641
00:25:56,894 --> 00:25:58,674
lot more activities

642
00:25:59,215 --> 00:26:01,615
that this EO is seeking to promote than

643
00:26:01,615 --> 00:26:02,674
just mining.

644
00:26:03,375 --> 00:26:05,855
The other thing about this EO is that

645
00:26:05,855 --> 00:26:08,035
the pretext for all of this is

646
00:26:08,335 --> 00:26:09,394
national security,

647
00:26:10,019 --> 00:26:11,720
which is being used to create

648
00:26:12,099 --> 00:26:14,759
a sense of fear and urgency to disguise

649
00:26:14,820 --> 00:26:17,619
what is really a giveaway of our national

650
00:26:17,619 --> 00:26:18,519
public lands

651
00:26:18,820 --> 00:26:19,799
to private industry.

652
00:26:21,380 --> 00:26:24,055
So you mentioned that this creates sort of

653
00:26:24,055 --> 00:26:26,134
a new list of minerals. We already had

654
00:26:26,134 --> 00:26:28,475
a list called the critical minerals list that

655
00:26:28,695 --> 00:26:29,195
essentially

656
00:26:29,575 --> 00:26:31,894
was defined as minerals that are important for

657
00:26:31,894 --> 00:26:34,394
national security and have a threatened supply chain.

658
00:26:35,015 --> 00:26:37,654
Why create this new list instead of just

659
00:26:37,654 --> 00:26:38,154
adding

660
00:26:38,500 --> 00:26:39,799
minerals to the old list?

661
00:26:40,659 --> 00:26:42,579
Yeah. That's a great point. So we do

662
00:26:42,579 --> 00:26:44,919
have an official critical minerals list,

663
00:26:45,220 --> 00:26:48,279
which is required by a law that congress

664
00:26:48,339 --> 00:26:50,900
passed, and it lays out a number of

665
00:26:50,900 --> 00:26:53,325
very specific criteria that a mineral has to

666
00:26:53,325 --> 00:26:54,605
meet in order to be added to the

667
00:26:54,605 --> 00:26:55,105
list,

668
00:26:55,404 --> 00:26:58,525
a process for minerals to be evaluated for

669
00:26:58,525 --> 00:26:59,025
inclusion,

670
00:26:59,725 --> 00:27:01,644
people who have to weigh in. So it's

671
00:27:01,644 --> 00:27:02,625
a whole process

672
00:27:02,924 --> 00:27:05,164
to make sure that we're not just adding

673
00:27:05,164 --> 00:27:05,664
stuff

674
00:27:06,240 --> 00:27:08,720
willy nilly at someone's whim to the list.

675
00:27:08,720 --> 00:27:10,900
So that already exists, and there's a process.

676
00:27:12,000 --> 00:27:13,759
And then I think it just to make

677
00:27:13,759 --> 00:27:16,640
sure that people know, there's the Department of

678
00:27:16,640 --> 00:27:18,720
Interior's list, which is managed by the US

679
00:27:18,720 --> 00:27:19,220
Geological

680
00:27:19,599 --> 00:27:20,099
Survey,

681
00:27:20,505 --> 00:27:22,204
And then there's also a separate

682
00:27:22,664 --> 00:27:23,884
critical materials

683
00:27:24,505 --> 00:27:27,065
list, which is maintained by the Department of

684
00:27:27,065 --> 00:27:28,684
Energy. And they are related,

685
00:27:29,224 --> 00:27:31,724
but similar in that there are specific criteria

686
00:27:31,785 --> 00:27:33,865
and there's a process to put things on

687
00:27:33,865 --> 00:27:35,625
those lists and they come out at certain

688
00:27:35,625 --> 00:27:36,365
time frames.

689
00:27:37,490 --> 00:27:38,549
So by creating

690
00:27:38,849 --> 00:27:40,710
a whole another definition

691
00:27:41,009 --> 00:27:41,669
of minerals,

692
00:27:42,690 --> 00:27:45,809
this seems to be president Trump trying to

693
00:27:45,809 --> 00:27:46,549
get around

694
00:27:46,929 --> 00:27:49,009
the law that was passed by congress to

695
00:27:49,009 --> 00:27:49,990
define the minerals,

696
00:27:50,394 --> 00:27:52,795
the process that is laid out to add

697
00:27:52,795 --> 00:27:55,595
minerals to that list, and just pretend all

698
00:27:55,595 --> 00:27:58,654
of that doesn't exist and ignore it and

699
00:27:59,194 --> 00:28:01,515
try to get the interior department to do

700
00:28:01,515 --> 00:28:02,734
what he wants

701
00:28:03,194 --> 00:28:04,414
on our public lands.

702
00:28:05,519 --> 00:28:07,940
The fact that there are not defined criteria

703
00:28:08,880 --> 00:28:11,840
gives Trump and Burgum and whoever a lot

704
00:28:11,840 --> 00:28:12,580
of latitude

705
00:28:13,279 --> 00:28:15,460
to add minerals and other materials

706
00:28:16,080 --> 00:28:19,434
at their convenience for whatever what for whatever

707
00:28:19,434 --> 00:28:19,934
purpose

708
00:28:20,715 --> 00:28:22,575
they want, and they don't have

709
00:28:22,955 --> 00:28:24,174
to meet any specific

710
00:28:25,275 --> 00:28:27,115
goals that are in the national interest in

711
00:28:27,115 --> 00:28:28,095
order to do that.

712
00:28:28,955 --> 00:28:31,115
So I think that I mean, it's obviously

713
00:28:31,115 --> 00:28:33,930
a theme across this administration here. We're gonna

714
00:28:33,930 --> 00:28:36,910
ignore congress, do whatever the heck Trump wants.

715
00:28:37,450 --> 00:28:38,830
And in doing so,

716
00:28:39,450 --> 00:28:39,950
ironically

717
00:28:40,570 --> 00:28:43,230
or maybe not, we're going to create entirely

718
00:28:43,450 --> 00:28:46,509
new levels of federal bureaucracy and more committees

719
00:28:46,904 --> 00:28:48,445
that did not exist before,

720
00:28:49,225 --> 00:28:51,144
all in the name of government efficiency or

721
00:28:51,144 --> 00:28:51,644
something.

722
00:28:52,345 --> 00:28:55,725
So that brings up this National Energy Dominance

723
00:28:55,865 --> 00:28:56,365
Council,

724
00:28:57,465 --> 00:28:57,965
and

725
00:28:58,345 --> 00:29:00,585
interior secretary Doug Burgum is now the head

726
00:29:00,585 --> 00:29:02,265
of this new thing. What the heck is

727
00:29:02,265 --> 00:29:05,440
it? So that's another thing that was created

728
00:29:05,440 --> 00:29:08,799
by another Trump executive order. And like you

729
00:29:08,799 --> 00:29:11,619
said, it's growing the government. It's creating another

730
00:29:12,000 --> 00:29:12,500
council

731
00:29:12,799 --> 00:29:15,779
that's gonna hold meetings and do various bureaucratic

732
00:29:16,079 --> 00:29:16,579
stuff.

733
00:29:17,599 --> 00:29:18,259
I think

734
00:29:18,644 --> 00:29:20,884
part of the thinking here is to more

735
00:29:20,884 --> 00:29:21,384
closely

736
00:29:21,765 --> 00:29:22,265
integrate

737
00:29:22,884 --> 00:29:24,025
the interior department,

738
00:29:24,484 --> 00:29:26,744
public lands, and natural resources

739
00:29:27,765 --> 00:29:28,265
with

740
00:29:28,724 --> 00:29:29,224
national

741
00:29:29,525 --> 00:29:30,025
security

742
00:29:30,839 --> 00:29:33,400
and global trade type of issues because that

743
00:29:33,400 --> 00:29:34,700
helps give them

744
00:29:35,000 --> 00:29:37,259
more of a pretext, more of a justification

745
00:29:38,279 --> 00:29:38,779
for

746
00:29:40,279 --> 00:29:40,779
exploiting

747
00:29:41,160 --> 00:29:44,039
and abusing our public lands and our natural

748
00:29:44,039 --> 00:29:44,539
resources

749
00:29:45,355 --> 00:29:48,255
under the guise of things like national security

750
00:29:48,474 --> 00:29:49,294
and defense.

751
00:29:50,474 --> 00:29:53,674
So the EO also directs Burgum as chair

752
00:29:53,674 --> 00:29:56,095
of the National Energy Dominance Council

753
00:29:56,554 --> 00:29:58,575
to develop a proposal for congress

754
00:29:58,875 --> 00:30:02,150
to clarify the treatment of waste rock tailings

755
00:30:02,210 --> 00:30:04,930
and mine waste disposal under the Mining Act

756
00:30:04,930 --> 00:30:06,470
of 1872.

757
00:30:07,410 --> 00:30:08,230
That sounds

758
00:30:08,930 --> 00:30:10,930
confusing, but it's pointing to something,

759
00:30:11,890 --> 00:30:13,570
kind of obvious. Right? Can you tell us

760
00:30:13,570 --> 00:30:15,250
about that and, like, what the what that's

761
00:30:15,250 --> 00:30:15,990
all about?

762
00:30:16,684 --> 00:30:18,444
Sure. I will give you guys sort of

763
00:30:18,444 --> 00:30:20,845
the short version of what is a long

764
00:30:20,845 --> 00:30:21,345
story.

765
00:30:22,125 --> 00:30:24,125
So for the longest time

766
00:30:24,684 --> 00:30:26,845
actually, okay. Let me I'm gonna go back

767
00:30:26,845 --> 00:30:27,585
even further.

768
00:30:27,964 --> 00:30:29,105
Let me give you guys

769
00:30:29,640 --> 00:30:32,039
the short version of what is a pretty

770
00:30:32,039 --> 00:30:32,859
long story.

771
00:30:33,480 --> 00:30:36,920
So in The United States, under the mining

772
00:30:36,920 --> 00:30:38,680
law of 1872,

773
00:30:38,680 --> 00:30:41,180
which still governs mining to this day,

774
00:30:41,954 --> 00:30:44,275
anyone can go out and stake a mining

775
00:30:44,275 --> 00:30:46,534
claim on national public lands.

776
00:30:47,075 --> 00:30:49,234
There's an additional step, though, that you have

777
00:30:49,234 --> 00:30:50,694
to do, which is

778
00:30:50,994 --> 00:30:53,875
prove that your claim is valid. You have

779
00:30:53,875 --> 00:30:55,414
to show that there are

780
00:30:55,789 --> 00:30:58,529
minerals on that claim that are economically

781
00:30:59,710 --> 00:31:01,490
recoverable, that it makes sense

782
00:31:01,950 --> 00:31:03,789
to actually mine them, and you have to

783
00:31:03,789 --> 00:31:05,150
do that in order for your claim to

784
00:31:05,150 --> 00:31:05,970
be valid.

785
00:31:07,230 --> 00:31:09,089
So for the longest time,

786
00:31:09,525 --> 00:31:12,105
mining companies would stake a mining claim

787
00:31:12,565 --> 00:31:14,265
and prove that it was valid,

788
00:31:14,565 --> 00:31:17,705
but then they would stake more claims and

789
00:31:17,845 --> 00:31:21,045
use those to dump the waste from their

790
00:31:21,045 --> 00:31:21,945
mining operations

791
00:31:22,599 --> 00:31:23,740
on public lands

792
00:31:24,200 --> 00:31:27,000
without being forced to show that those other

793
00:31:27,000 --> 00:31:29,720
claims were valid. So they were getting away

794
00:31:29,720 --> 00:31:32,279
with something by dumping mine waste on our

795
00:31:32,279 --> 00:31:33,099
public lands.

796
00:31:34,200 --> 00:31:36,460
There was recently a court decision,

797
00:31:37,335 --> 00:31:39,275
which, again, long story short,

798
00:31:39,894 --> 00:31:42,954
found that, no. You can't do that anymore.

799
00:31:43,015 --> 00:31:45,095
You have to follow what the law says,

800
00:31:45,095 --> 00:31:47,595
which is that you have to show that

801
00:31:47,734 --> 00:31:50,315
you have a valid mining claim even on

802
00:31:50,375 --> 00:31:51,974
lands where you want to dump your mine

803
00:31:51,974 --> 00:31:55,039
waste. And it also says that the federal

804
00:31:55,039 --> 00:31:56,500
land management agency

805
00:31:57,200 --> 00:31:59,440
has to verify that. You can't just take

806
00:31:59,440 --> 00:32:01,840
the company's word for it. So the company

807
00:32:01,840 --> 00:32:03,680
has to demonstrate that it's a valid mining

808
00:32:03,680 --> 00:32:04,180
claim,

809
00:32:04,480 --> 00:32:06,660
and the land manager has to

810
00:32:07,335 --> 00:32:10,214
verify that on their own before a company

811
00:32:10,214 --> 00:32:12,375
can just use our public lands to dump

812
00:32:12,375 --> 00:32:13,275
their mine waste.

813
00:32:14,054 --> 00:32:16,454
So and that is referred to as the

814
00:32:16,454 --> 00:32:16,954
Rosemont

815
00:32:17,255 --> 00:32:18,474
decision as a shorthand.

816
00:32:19,140 --> 00:32:21,779
So mining companies don't love this because they

817
00:32:21,779 --> 00:32:23,559
don't wanna have to go through all that.

818
00:32:23,859 --> 00:32:25,640
So they are hoping that

819
00:32:26,099 --> 00:32:28,900
either the president or congress will come in

820
00:32:28,900 --> 00:32:31,640
with a fix for the Rosemont decision

821
00:32:32,174 --> 00:32:34,174
that puts them back to the situation they

822
00:32:34,174 --> 00:32:36,975
were in before where they can freely dump

823
00:32:36,975 --> 00:32:39,455
their mind waste on public lands. And this

824
00:32:39,455 --> 00:32:42,654
element of the executive order seems intended to

825
00:32:42,654 --> 00:32:43,715
try to do that.

826
00:32:44,269 --> 00:32:47,149
And, I mean, this is me possibly being

827
00:32:47,149 --> 00:32:48,450
Pollyanna ish, but

828
00:32:48,750 --> 00:32:51,329
is this the year then finally with Rosemont

829
00:32:51,470 --> 00:32:53,490
that you end up with something resembling

830
00:32:53,869 --> 00:32:54,829
1872

831
00:32:54,829 --> 00:32:55,889
mining reform?

832
00:32:56,509 --> 00:32:58,529
And could it be something that is

833
00:32:59,265 --> 00:33:01,125
actually good in some way,

834
00:33:01,664 --> 00:33:03,605
puts a a a royalty

835
00:33:03,904 --> 00:33:04,404
on

836
00:33:04,785 --> 00:33:07,105
hard rock minerals, things like that? Or is

837
00:33:07,105 --> 00:33:07,845
that just

838
00:33:08,465 --> 00:33:10,805
no chance that congress does this or something

839
00:33:11,389 --> 00:33:13,869
along these lines tries to get, like, snuck

840
00:33:13,869 --> 00:33:14,690
into reconciliation

841
00:33:15,630 --> 00:33:17,809
in a way that would not require bipartisan

842
00:33:17,950 --> 00:33:18,450
support?

843
00:33:20,349 --> 00:33:22,750
You know, it is just so difficult to

844
00:33:22,750 --> 00:33:23,250
speculate

845
00:33:26,505 --> 00:33:28,605
now, but we have seen

846
00:33:28,904 --> 00:33:31,304
we've seen, for years and years efforts to

847
00:33:31,304 --> 00:33:33,545
reform the Mayan law of 1872.

848
00:33:33,785 --> 00:33:36,184
That that's always been an uphill battle. We

849
00:33:36,184 --> 00:33:38,605
have seen, as you mentioned, efforts to

850
00:33:39,099 --> 00:33:40,720
sneak fixes to

851
00:33:41,419 --> 00:33:41,919
Rosemont

852
00:33:42,539 --> 00:33:45,500
into things like the National Defense Authorization Act.

853
00:33:45,500 --> 00:33:47,579
You must pass legislation where people are trying

854
00:33:47,579 --> 00:33:50,299
to offer amendments to sneak things like this

855
00:33:50,299 --> 00:33:52,059
through. And so far, those have not been

856
00:33:52,059 --> 00:33:52,559
successful.

857
00:33:53,684 --> 00:33:55,065
And we have seen standalone

858
00:33:55,365 --> 00:33:56,664
just normal legislation

859
00:33:57,765 --> 00:33:59,765
to try and address this situation. There was

860
00:33:59,765 --> 00:34:01,704
the Mining Regulatory Clarity Act,

861
00:34:02,484 --> 00:34:03,384
last congress.

862
00:34:04,164 --> 00:34:04,664
So

863
00:34:05,204 --> 00:34:07,684
I wouldn't be surprised if we see any

864
00:34:07,684 --> 00:34:09,619
number of those types of efforts

865
00:34:09,920 --> 00:34:10,420
again.

866
00:34:10,880 --> 00:34:13,039
I do think it's interesting that you bring

867
00:34:13,039 --> 00:34:14,019
up the opportunity

868
00:34:14,319 --> 00:34:14,819
to

869
00:34:15,359 --> 00:34:18,719
add a royalty or a leasing system to

870
00:34:18,719 --> 00:34:21,315
hard rock minerals similar to that that we

871
00:34:21,315 --> 00:34:23,494
already have for oil and gas leasing

872
00:34:24,355 --> 00:34:25,574
with the efforts

873
00:34:26,914 --> 00:34:29,974
to find ways to get more revenue from

874
00:34:30,034 --> 00:34:31,335
our public lands

875
00:34:31,795 --> 00:34:32,675
and all of the,

876
00:34:33,570 --> 00:34:35,590
DOGE efforts to eliminate waste.

877
00:34:37,890 --> 00:34:40,309
If we were to have a royalty on

878
00:34:40,690 --> 00:34:42,950
minerals, that would be a significant

879
00:34:44,289 --> 00:34:47,090
new revenue source for the federal government at

880
00:34:47,090 --> 00:34:48,309
a time when they are

881
00:34:48,855 --> 00:34:50,155
looking around for that

882
00:34:51,574 --> 00:34:55,494
and trumpeting their various efforts to profit more

883
00:34:55,494 --> 00:34:56,394
off of our

884
00:34:56,695 --> 00:34:57,914
national public lands.

885
00:34:58,614 --> 00:35:01,494
And I suppose that gets into $33,000,000,000,000

886
00:35:01,494 --> 00:35:03,894
in selling off public lands to eliminate the

887
00:35:03,894 --> 00:35:06,510
national debt, but we will, you know, get

888
00:35:06,510 --> 00:35:08,289
there in some some other episode.

889
00:35:09,230 --> 00:35:11,410
Back to this mining executive order,

890
00:35:11,710 --> 00:35:13,410
it gave secretary Burgum,

891
00:35:14,190 --> 00:35:17,085
a whopping ten days to compile a list

892
00:35:17,405 --> 00:35:19,025
of all federal lands

893
00:35:19,324 --> 00:35:21,984
known to hold mineral deposits and reserves,

894
00:35:22,605 --> 00:35:24,125
that was over ten days ago. Do you

895
00:35:24,125 --> 00:35:25,885
think we're ever going to see this list?

896
00:35:25,885 --> 00:35:27,184
Does it already exist

897
00:35:27,724 --> 00:35:28,625
from the USGS?

898
00:35:29,085 --> 00:35:29,585
Or,

899
00:35:30,230 --> 00:35:32,549
I mean, why put something like that into

900
00:35:32,549 --> 00:35:33,769
an executive order?

901
00:35:34,230 --> 00:35:36,949
Well, I'm not exactly holding my breath over

902
00:35:36,949 --> 00:35:39,210
here that it is gonna be released publicly.

903
00:35:39,670 --> 00:35:42,309
So we've seen other executive orders directing the

904
00:35:42,309 --> 00:35:44,489
interior department to come up with

905
00:35:44,835 --> 00:35:46,855
other action plans and recommendations

906
00:35:47,234 --> 00:35:49,554
and lists, and we have not seen those

907
00:35:49,554 --> 00:35:50,054
released

908
00:35:50,514 --> 00:35:52,914
publicly. So I'm not holding out hope for

909
00:35:52,914 --> 00:35:54,295
this one either.

910
00:35:54,994 --> 00:35:57,014
I think what we would see

911
00:35:57,800 --> 00:36:00,300
is all of a sudden, there are actions

912
00:36:00,359 --> 00:36:02,359
being taken. Like, you know, one day you

913
00:36:02,359 --> 00:36:05,500
wake up and someone has got construction equipment

914
00:36:05,880 --> 00:36:08,760
because they're suddenly building their new mine on

915
00:36:08,760 --> 00:36:10,440
your public lands where you used to go

916
00:36:10,440 --> 00:36:12,219
out and hike on the weekends.

917
00:36:12,635 --> 00:36:13,534
That's how we're

918
00:36:13,994 --> 00:36:14,494
gonna

919
00:36:14,954 --> 00:36:16,494
know what their plans are.

920
00:36:17,114 --> 00:36:20,234
So, finally, the EO directs the secretaries of

921
00:36:20,234 --> 00:36:22,014
all federal land management agencies

922
00:36:22,394 --> 00:36:24,954
to identify as many sites as possible that

923
00:36:24,954 --> 00:36:27,675
may be suitable for mineral production and to

924
00:36:27,675 --> 00:36:30,690
enter into extended use leases with private companies

925
00:36:30,690 --> 00:36:31,750
for mineral production.

926
00:36:32,690 --> 00:36:35,489
That to me sounds like it's saying put

927
00:36:35,489 --> 00:36:38,469
mining ahead of all other uses

928
00:36:38,769 --> 00:36:39,269
on

929
00:36:39,890 --> 00:36:41,989
these on as many sites as possible.

930
00:36:42,530 --> 00:36:44,534
Of course, we have the federal land and

931
00:36:44,534 --> 00:36:47,335
Management Policy Act, which established the concept of

932
00:36:47,335 --> 00:36:48,234
multiple use.

933
00:36:48,534 --> 00:36:50,234
Does this EO essentially,

934
00:36:50,534 --> 00:36:51,034
like,

935
00:36:51,655 --> 00:36:54,454
run counter to that law that is, in

936
00:36:54,454 --> 00:36:56,375
fact, that was passed by Congress that manages

937
00:36:56,375 --> 00:36:57,355
our public lands?

938
00:36:58,230 --> 00:37:00,630
Well, it certainly tries to, and they say

939
00:37:00,630 --> 00:37:02,969
that explicitly. The EO says

940
00:37:03,429 --> 00:37:07,050
that where the interior department has identified

941
00:37:07,429 --> 00:37:09,210
reserves of minerals under

942
00:37:09,909 --> 00:37:11,130
national public lands,

943
00:37:11,590 --> 00:37:12,090
that

944
00:37:12,469 --> 00:37:12,969
mineral

945
00:37:13,614 --> 00:37:14,114
production

946
00:37:14,655 --> 00:37:17,635
be made the primary use of those lands.

947
00:37:18,015 --> 00:37:19,795
And you're exactly right. Under

948
00:37:20,175 --> 00:37:21,155
enabling legislation

949
00:37:21,454 --> 00:37:24,494
like the Federal Land Policy Management Act, which

950
00:37:24,494 --> 00:37:27,875
governs use of Bureau of Land Management lands,

951
00:37:28,889 --> 00:37:29,710
Congress specifically

952
00:37:30,010 --> 00:37:32,670
said that those lands should be managed for

953
00:37:32,809 --> 00:37:33,869
multiple use

954
00:37:34,170 --> 00:37:36,809
and sustained yield. And as we were saying

955
00:37:36,809 --> 00:37:37,630
at the beginning,

956
00:37:38,730 --> 00:37:41,130
this this is just an executive order. It's

957
00:37:41,130 --> 00:37:43,275
directing agencies to to do stuff, but it

958
00:37:43,275 --> 00:37:45,054
is not overriding laws,

959
00:37:46,394 --> 00:37:48,714
although they they certainly seem to be wanting

960
00:37:48,714 --> 00:37:49,775
to try that.

961
00:37:50,875 --> 00:37:53,775
But they are gonna run into problems when

962
00:37:54,074 --> 00:37:56,394
agencies are trying to do things that are

963
00:37:56,394 --> 00:37:57,454
against the law.

964
00:37:57,829 --> 00:38:00,090
So once again, back to the courts

965
00:38:00,710 --> 00:38:02,869
for the Trump administration. Well, I guess we

966
00:38:02,869 --> 00:38:05,590
will leave it there today. Rachel Hamby, Center

967
00:38:05,590 --> 00:38:08,150
for Western Priorities policy director, thank you as

968
00:38:08,150 --> 00:38:10,389
always for being with us. Thanks for having

969
00:38:10,389 --> 00:38:11,050
me on.

970
00:38:15,804 --> 00:38:18,464
In good news this week, lawmakers in Montana

971
00:38:18,605 --> 00:38:20,925
are pushing back against public land sell off

972
00:38:20,925 --> 00:38:22,704
bills in their state legislature.

973
00:38:23,340 --> 00:38:25,980
The Montana house killed a resolution that expressed

974
00:38:25,980 --> 00:38:29,019
support for Utah's land grab lawsuit, which aimed

975
00:38:29,019 --> 00:38:31,260
to force the federal government to give national

976
00:38:31,260 --> 00:38:32,800
public lands to the state.

977
00:38:33,180 --> 00:38:35,019
While the supreme court refused to hear that

978
00:38:35,019 --> 00:38:37,260
lawsuit, the state of Utah could still refile

979
00:38:37,260 --> 00:38:38,559
it in federal court.

980
00:38:39,234 --> 00:38:41,554
The Montana house also amended a bill to

981
00:38:41,554 --> 00:38:44,195
disallow the sale of state trust land after

982
00:38:44,195 --> 00:38:45,094
public outcry.

983
00:38:45,474 --> 00:38:47,875
Meanwhile, the Montana senate voted to table a

984
00:38:47,875 --> 00:38:50,295
bill that would ask congress to remove protections

985
00:38:50,434 --> 00:38:52,855
for all wilderness study areas in Montana.

986
00:38:53,400 --> 00:38:56,359
Between these actions and Montana's federal lawmakers standing

987
00:38:56,359 --> 00:38:58,760
strong against public land sell off, it's looking

988
00:38:58,760 --> 00:39:00,679
like Montana may be emerging as a leader

989
00:39:00,679 --> 00:39:02,920
in the fight against privatizing public lands in

990
00:39:02,920 --> 00:39:03,579
the West.

991
00:39:04,440 --> 00:39:06,775
All the credit to lawmakers from both parties

992
00:39:06,775 --> 00:39:09,675
there in Montana for recognizing and listening

993
00:39:09,974 --> 00:39:11,755
to voters in their state.

994
00:39:21,010 --> 00:39:23,170
That will do it for us today. As

995
00:39:23,170 --> 00:39:27,190
always, you can reach us podcast at westernpriorities.org,

996
00:39:27,329 --> 00:39:29,889
and if you haven't already, go subscribe to

997
00:39:29,889 --> 00:39:32,954
Look West. That is our daily public lands

998
00:39:32,954 --> 00:39:36,015
newsletter. We get up early and read everything,

999
00:39:36,474 --> 00:39:38,474
so you don't have to. You get just

1000
00:39:38,474 --> 00:39:40,335
the highlights, the most important,

1001
00:39:40,795 --> 00:39:41,695
best, and

1002
00:39:41,994 --> 00:39:43,855
these days often worse news,

1003
00:39:44,474 --> 00:39:46,635
about our public lands, and if that's too

1004
00:39:46,635 --> 00:39:48,380
much for you every day, we also have

1005
00:39:48,380 --> 00:39:49,680
a monthly newsletter.

1006
00:39:50,140 --> 00:39:51,900
We will drop the link to subscribe to

1007
00:39:51,900 --> 00:39:53,680
all of that in the show notes.

1008
00:39:54,460 --> 00:39:56,460
Thanks again to Mitch and Rachel for their

1009
00:39:56,460 --> 00:39:58,539
time, and thank you for listening to The

1010
00:39:58,539 --> 00:39:59,039
Landscape.