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Field Notes


Southwest Wyoming: A working landscape worth protecting

Southwest Wyoming and the northern Red Desert are known for iconic geologic features and breathtaking landscapes that look much the same today as they did millennia ago: Adobe Town, the Killpecker Sand Dunes, Boars Tusk, White Mountain. The Golden Triangle at the base of the Wind River Mountains is one of the most important Greater sage-grouse habitats on earth, and the ancient Red Desert-to-Hoback mule deer migration — the longest in the world — is anchored here.

Wyoming residents have worked together for decades to find ways to protect these special places while enjoying a landscape that, at 3.6 million acres, is big enough to also support motorized use, grazing, and energy development. But now the U.S. Interior’s Bureau of Land Management is poised to strip the hard-fought protections that allow for multiple use in favor just one: oil and gas development.

“This is a landscape that can accommodate many uses,” Wyoming Outdoor Council Conservation Advocate John Rader said. “We have vast open spaces where families can recreate, where we can celebrate our outdoor heritage. There are also places where development is permitted right now. So we’re striking a balance. We have a working landscape that really applies the multiple use approach. We don’t want to sell that out for a single use.”

Local voices lost

Every twenty years or so, the BLM revises its “resource management plans,” which guide how the agency prioritizes uses and protections for particular places. The current plan, in effect since 1997, protects unique places like Steamboat Mountain, the South Pass Historic Landscape, and National Historic Trails, while allowing development in other areas. A revision has been underway for nearly 10 years, and the last time the public was allowed to weigh in was 2011.

 Unfortunately, amid continuous delays and changing administrations, the voices and values of Wyoming residents have been lost in the revision effort. Now, under a directive straight from Washington, D.C., the BLM has indicated it will throw out most of the existing multiple-use protections — which were developed in cooperation with Wyomingites over decades — to prioritize energy development alone. That means hunting, recreation, conserving vital wildlife habitats, and preserving cultural and historic sites will all take a back seat to energy development.

If you hunt those herds, if you hike out in those badlands, if you fish those streams, it’s going to affect you personally.”

— JOHN RADER, WYOMING OUTDOOR COUNCIL

 “Here we are almost a decade later, and we’ve got an administration that wants to strip all the protections for the whole area,” Rader said. The people of Wyoming have agreed that there are some places, some values, that are more important. We recognize the importance of energy development here, absolutely. But there are other values at stake. There’s our way of life.”

Tell local officials: top-down doesn’t work for Wyoming

Despite the slow, muddled revision process, the Outdoor Council continues to work with conservation partners, counties, and others to urge the BLM to honor our shared values in Wyoming. Your voice is crucial, too.

Right now, as the BLM prepares a final draft of the far-reaching plan that will guide how 3.6 million acres of Wyoming’s most special places are managed for the next 20 years, local governments and elected officials in southwest Wyoming have a seat at the table.

And they need to hear from you.

 If you live in southwest Wyoming, please contact your city officials, your county commissioners, and your conservation districts. Tell them that Wyomingites care deeply about the special places in this corner of the state, and that our livelihoods and our way of life here will be undermined by a major overhaul in favor of a single use. Ask them to let southwest Wyoming continue to be a working landscape that balances a full spectrum of uses. And if you live anywhere in Wyoming, consider sending Gov. Mark Gordon the same message.

“We like it the way it is,” Rader said. “We like being able to go out into the Red Desert and explore and hunt, we like being able to hike in the Big Sandy Foothills. And we don’t want a top-down approach from D.C. to come in and take those things away from us.”

To find out how to contact your local officials who can urge the BLM to maintain your outdoor heritage in southwest Wyoming, visit our Public Lands page.

Field Notes


Nuclear waste storage: STILL wrong for Wyoming

The idea of storing high-level radioactive waste in Wyoming has been fully vetted and roundly rejected several times over the years. Yet the Wyoming Legislature resurrected this bad idea last month when it formed a subcommittee — behind closed doors — to study the issue. The Wyoming Outdoor Council, our members, and our partners have stood together with neighbors from all over the state and across the political spectrum to oppose such proposals. And we will do so again.

Simply put, the risks of allowing Wyoming to become a destination for high-level radioactive waste from the nation’s nuclear reactors far outweigh any short-term economic gain the state might realize. Storing nuclear waste here would risk our safety and tarnish Wyoming’s reputation as a pristine outdoor and tourism destination —  hurting business, agriculture, and economic development efforts that are so vital to the state’s future.

Perhaps most importantly, though, Wyoming and other states have learned that gambling with the federal government’s promises over nuclear waste storage is risky business. As Gov. Mike Sullivan put it in his statement vetoing the siting of a nuclear waste facility  back in 1992:

“I am absolutely unpersuaded that Wyoming can rely on the assurances we receive from the federal government. Even granting the personal integrity and sincerity of the individuals currently speaking for the federal government, there can be no guarantees or even assurances that the federal government’s attitudes or policies will be the same one, five, ten or 50 years from now. We have seen the roller coaster ride of federal involvement and attitudes. … Nor do I trust the federal government or the nuclear industry to assure our interests as a state are protected.”

There are numerous reasons why the “temporary” storage of the nation’s high-level radioactive waste in Wyoming has been repeatedly rejected by our residents — and why it remains a bad idea today.

  • There is no guarantee that storage will be temporary. Once a “temporary” facility is constructed, it is likely to become a de facto permanent repository. There are no legal, political, or financial mechanisms to ensure the waste would ever be removed. In fact, many suspect the approval of a “temporary” storage site would halt the politically difficult effort of finding a permanent disposal site.

  • There is no need to store this waste away from reactor sites. The Nuclear Regulatory Commission has made a regulatory determination that spent nuclear fuels can be safely stored at the reactor sites for the next 100+ years.
     
  • Transporting high-level radioactive waste across the country is complicated, risky, full of unknowns, and will occur at a magnitude of shipments and miles never before conducted in the U.S. New transport casks have not been developed or tested, infrastructure is not ready, emergency response capacity is lacking, and the routes and risks of transporting this high-level radioactive waste have not been adequately evaluated.

  • Storing high-level radioactive waste in Wyoming will hurt the state’s image as a premier outdoor destination and a producer of high-quality agricultural products. This, in turn, would likely impact current and future economic development and diversification efforts and would lower property values.
     
  • Such temporary facilities are illegal. The Nuclear Waste Policy Act allows for a “temporary” storage facility only once the permanent waste repository is operating. Work at Yucca Mountain, the nation’s only proposed permanent waste repository, has halted. Congress would have to act to make such a facility legal — yet there are no states willing to host a permanent storage facility.

For more background and details about nuclear waste storage, read this fact sheet.

We wholeheartedly support Wyoming lawmakers’ desire to explore new ways to meet the challenge of declining revenues. But turning Wyoming into the nation’s nuclear waste dump was a bad idea before, and it remains a bad idea today. Nothing has changed. Even more troubling? The closed-door manner in which the new legislative subcommittee was formed to study the issue this year: a vote taken by email, without public notice, lacking transparency and flouting the legislature’s own rules regarding interim studies.

There are no easy fixes for declining state revenue, and storing high-level radioactive waste would simply not provide not the kind of economic “diversification” that Wyoming needs. It’s an idea that looks backward, not forward. 

Instead, we must create a vision for our future that embraces the special resources and assets that truly make Wyoming a place people want to live and do business — including our strong public schools, workforce, wildlife, open space, agricultural heritage, and outdoor way of life.

We’ll need your help — again — to speak up and stop this misguided idea for Wyoming.

The “Spent Fuel Rods subcommittee” will meet on Thursday, September 5th, in Casper at 8:30 a.m. (location to be determined). We’ll be there, but it’s unclear whether the subcommittee will allow public comment. The subcommittee will report to the full Joint Minerals Committee on November 4 or 5 for a decision about moving forward with potential legislation. We’ll alert you about this public comment opportunity, but it will be helpful to start talking with your elected officials now about how nuclear waste is wrong for Wyoming. 

Read this detailed fact sheet for a list of committee members and emails and for more information about the risky business of high-level radioactive waste.

Field Notes


Story behind the photo: “Cattle Drive” by Cheryl Elliott

One day last summer, Larry Hanft, owner of Little Tongue Ranch south of Dayton, Wyoming, needed help. So he turned to his summer neighbors and new friends Cheryl Elliott and her husband Matt. Cheryl and Matt spend their summers on land owned by the Hanft family just south of Burgess Junction.

“It’s one of my favorite times of year … when I get to live above 8,000 feet. It’s truly my happy place,” she said.

The Bighorn National Forest has been a mainstay for ranching families for years. About 21 percent of the public land on the forest is used as rangeland. Larry and his family had grazed cattle here since 1992, but never had a picture taken of this work. That would be Cheryl’s job, while Matt would be helping with the cattle drive.

It was a crisp morning in late September when she headed out to meet Larry, his five cowboys, her husband, and the herd of nearly 400 Charolais-Angus cattle as they made their way east across national forest land. They had already been up for hours, rounding up cows and calves on horseback from the open meadows south of Burgess Junction where the herd had been grazing all summer. Their goal that day was to get the cattle to Turkey Creek near Steamboat Rock, before continuing to Dayton the next.

Instead of grasping leather reins, Cheryl held the leather of her camera strap, ready for the moment the cattle emerged from the lodgepole pines to head down Highway 14-A, guided by the prods of Larry and his team.

It was a noisy day, she recalled — cows calling to their calves, the clap-clap of hooves on pavement, the rustle of hundreds of bodies in the forest, the occasional whap of a rope, leather shifting in saddles, yells between men.

What surprised and delighted her was the synchronicity of the movement, the pure orchestration of the process — something she only realized once her eye was behind the lens. She came away with an even deeper respect for Larry, for ranching, and for the way of life she witnessed.

“He’s the hardest working man I’ve ever met,” she said. “You’d be hard pressed to find someone who works as hard as he and his team does.”

“What I thought was really neat was the way Larry was so cognizant of his role,” she continued. “He was constantly aware of trying to be not only a good steward of the land, but also to the people we interacted with. He says he always worries that people are getting upset because the cattle drive slows their progress up the highway — but what I saw were people not feeling inconvenienced but grateful for the chance to get to experience a true cattle drive.”

Larry is part of a proud culture of modern ranchers who still drive their cattle from winter to summer pastures. It’s a tradition that has lasted for hundreds of years in Wyoming, where the terrain remains too rugged or wild for motor vehicles and a working rancher is the only way to get the job done. Because of this reliance on the land to make their living, most ranchers know firsthand the importance of conservation, and form deep connections with the landscapes they move through.

“Ranchers are great stewards of the land,” Cheryl said. “We all — ranchers and outdoor recreationalists alike — want to preserve and keep our national forest land as pristine as we can. Conservation and ranching really do go hand and hand.”

She said that’s what she admired about groups like the Wyoming Outdoor Council.

“There’s a middle ground,” she said. “We’re all just trying to keep everything that we love where we live intact and better it, if possible.”

Even before she took pictures of Larry that day, Cheryl had been capturing the working landscape of the Bighorns. Something about it was always alluring to her.

“Every year, I try to take some pictures of cattle grazing in front of Twin Buttes, or some spectacular backdrop,” she said. Ranching is “truly another part of this national forest, and I want to show people that there’s beauty in that, too.”

Join Cheryl and other photographers by submitting your own shot of Wyoming for the Outdoor Council’s 2020 Calendar Contest. You can enter your photos via Instagram or email. To submit your photo(s) via Instagram, you must have a public Instagram account so that we’re able to view your submission. Upload your photo(s) and add the hashtag #MyWyoming.

To submit your photo(s) via email, send your photo(s) to claire@wyomingoutdoorcouncil.org.

For more information about the contest, visit our Calendar Contest page.

Field Notes


We’re shaping legislative policy year-round

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Thanks to your quick action, the Joint Minerals Committee backed off from a proposal for the State of Wyoming to take over the federal process of evaluating and making recommendations for oil and gas developments and other industrial projects on public lands in Wyoming. Thank you!

Nearly 100 of you answered our call to write to members of the committee asking them to oppose the idea of the state taking primacy over implementation of the federal National Environmental Policy Act. This is the kind of positive influence we can have when citizens take part in the legislature’s formative “interim” period (the legislative work that happens between winter sessions).

To learn more about why NEPA primacy should remain with the federal government, read this fact sheet.

So far this month we’ve covered the Joint Revenue Committee in Lander, Joint Corporations in Casper, and Joint Minerals in Gillette. We’ll travel to Sheridan to cover the Joint Agriculture Committee next.

Stay tuned!

The legislature holds dozens of “joint” (House and Senate) committees throughout the year, around Wyoming. These meetings are open to the public, and they offer an opportunity for citizens to address the committee and to speak with legislators individually during breaks.

Check the legislature’s calendar for upcoming meetings and meeting agendas. You can also livestream meetings as they happen. To watch videos of past legislative meetings, go to the Wyoming Legislature’s website, click on the committee you’re interested in, and click on the “audio/video” tab.

We’ll have more detailed updates on the issues we’re tracking in our June newsletter.

 

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Field Notes


Safeguarded: Prime wildlife habitat in Little Snake River Valley

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Some good news to report! Oil and gas operator Greater Rocky Mountain Resources has abandoned plans to drill more than a dozen wells in some of the most important and sensitive wildlife habitat in the state.

In March, investment firm-backed GRMR (based in Colorado) notified the Bureau of Land Management Rawlins Field Office it would “release” federal permits to drill the wells — which could have set the stage for major industrial development spanning 136.5 square miles in the Little Snake River Valley near Baggs. The development would have taken place inside mule deer crucial winter range, migration corridors, and priority (“core”) habitat for Greater sage-grouse. The area is also home to the largest population of Columbian sharp-tailed grouse anywhere in the Rockies.

The picturesque Little Snake River Valley is treasured hunting grounds, and home to sheep, cattle, and irrigated agriculture operations. As the conservation group EcoFlight put it, “The Little Snake River Valley is one of the few remaining intact river valleys in the West that has not experienced rampant development.”

In places where oil and gas development is appropriate the Wyoming Outdoor Council works hard to see it “done right” by advocating that operators mitigate impacts to air, water, and wildlife. But in other places, mitigation is not sufficient.

“This is a great example of an area that should never have been leased in the first place,” Senior Conservation Advocate Dan Heilig said. “These are rare habitats, and there’s simply no way to accommodate an industrial development here without sacrificing native wildlife, open spaces, clean air and water, and tranquility in the Little Snake River Valley.”

The Wyoming Outdoor Council worked with local ranchers and partner organizations to advocate more effective stipulations to protect vital mule deer and sage-grouse habitat. We reviewed BLM’s analysis and permitting, and asked for revisions to correct deficiencies in the federal plans. WOC, along with Little Snake River Valley locals, The Nature Conservancy, National Audubon Society, Theodore Roosevelt Conservation Partnership, and the Wyoming Game and Fish Department advocated better analysis of cumulative impacts of the overall development.

“It was evident that GRMR and the BLM hadn’t done their homework,” Heilig said. “Thanks to the dedication of local ranchers and advocacy among many partners, the operator decided to abandon the project — a huge win for some of Wyoming’s most precious wildlife habitat that simply can’t be replaced.”

 

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Field Notes


Teton County and the Wyoming Public Lands Initiative

[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_text _builder_version=”3.17.5″] More than two years ago, at the invitation of the Wyoming County Commission Association, Teton County and nine other counties opted to participate in the Wyoming Public Lands Initiative. This effort sought to resolve how wilderness study areas and other public lands on BLM and national forest land should be managed in the long term. Counties would appoint citizens representing various user groups (recreation, agriculture, oil and gas, conservation, sportsmen, etc.) to seek common ground and come up with a management recommendation for these public lands. If an advisory group reached consensus, its recommendations would be sent to the WCCA, which would package it, along with recommendations from other counties, into legislation that Senator Barrasso could introduce in Congress as a comprehensive Wyoming public lands bill.

Wilderness Study Areas and Their Uses

Many of the uses currently allowed in WSAs would be prohibited if these areas were formally designated as wilderness. An example is Palisades, straddling Teton and Lincoln counties. First made a WSA under the 1984 Wyoming Wilderness Act, Palisades is managed to maintain its wilderness character and its potential for inclusion in the National Wilderness Preservation System. The Act allowed the possibility of oil and gas exploration, and determined that snowmobiling could legally continue “in the same manner and degree” as it had before 1984. Today, of course, oil and gas exploration is no longer a threat to Palisades — but snowmobiling is popular. And despite not being an established or allowable use of these lands under the 1984 Wyoming Wilderness Act, mountain biking has gotten a foothold here. Wilderness supporters look to WSAs and other roadless public lands as places that could, in the future, be given formal wilderness designations — making mountain biking and snowmobiling off limits. Many mountain bikers and snowmobilers believe conservation gains are possible even without a formal wilderness designation. Within the conservation community, it’s a complicated issue with no easy answer.

The Committee: Shared Values and Different Perspectives

On the question of whether to recommend that Palisades be designated as wilderness, the Teton County advisory committee faced a zero-sum game. Because wilderness areas don’t allow for motorized or any kind of wheel-based recreation, one group could only “win” if another group “lost.” Recognizing that from the start, many committee members suggested looking beyond Palisades and Shoal Creek WSAs. Were there other public lands in Teton County that might be designated as wilderness — a solution that would allow biking and snowmobiling to continue in Palisades? Some members of the committee didn’t believe this was a fair outcome. For them, no amount of new wilderness elsewhere would make up for the lack of a wilderness designation in Palisades. Others believed Teton County didn’t “need” any more wilderness. They noted that even if the uses they enjoyed in Palisades continued, they didn’t like the idea that other places might be off limits to those uses. The Wyoming Outdoor Council sought areas of agreement among all 18 committee members. We asked: Does anyone want to see oil and gas development, hard rock mining, or large-scale commercial timber harvest on our public lands in Teton County? The answer was a resounding no. That’s significant: thirty years ago, such consensus would have been nearly impossible. We asked: Does everyone agree that our recreational uses shouldn’t hurt wildlife? A resounding yes. Clearly, the committee shared the most fundamental values.

What’s Next?

Finally, after months of discussion and hard work, the committee put forth a recommendation to prohibit oil and gas development, hard rock mining, and commercial timber harvest and the associated roads necessary for these industrial uses on the national forest lands in Teton County. Does this recommendation resolve the status of Palisades and Shoal Creek WSAs? It doesn’t. But it’s an essential first step to defining a vision for public land management in Teton County that prioritizes wildlife and recreation. Federal legislation is the only way to make this shared vision an enforceable reality. [/et_pb_text][et_pb_cta _builder_version=”3.17.5″ title=”Support recommendations that prioritize wildlife and recreation in Teton County” button_text=”Contact the Teton County Commissioners” button_url=”mailto:commissioners@tetoncountywy.gov” url_new_window=”on”] Please urge the Teton County commissioners to forward this unanimous recommendation to the Wyoming County Commission Association and Senator Barrasso. [/et_pb_cta][et_pb_text _builder_version=”3.17.5″] Please email lisa@wyomingoutdoorcouncil.org with questions. [/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]

Field Notes


Story Behind the Photo: “Snake River” by Kyle Aiton

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Ask most photographers about that “perfect” shot and they’ll tell you that while their craft involves skill, practice, and technique, there is also a certain amount of luck. So was the case for Kyle Aiton and the image he captured at dawn on the Snake River, which we featured in our 2018 calendar.

“I lucked out big time on that shot,” Aiton confessed. He was in his own kayak, trying to capture and set the tone from behind his lens. “I had been solely looking in the other direction, up-river and facing forward. But then I turned around and I saw the steam on the water. I saw the sun coming up. I just love that shot. Sometimes the scenery does all the work for you and you just have to press the shutter button.”

The image, although shot in color, shines with sepia tones in the fresh sunlight peeking over the mountain top. In the foreground, a kayaker deftly maneuvers his oar as water spills across his kayak. Further back, a group sits in a shadowed raft, and your eye is led down the glowing, tree-lined curve of the Snake as mist floats above the surface. It’s the kind of photograph that makes you instantly appreciate the beauty of this natural treasure and explains why people from across the globe come to fish, paddle, and just be in the presence of the mighty Snake River.

Aiton was on the water that morning as a photography instructor for Summit Workshops, a national organization that pairs students with mentors to hone their craft in stunning natural settings. It was the fourth day of a week-long adventure that had included trail running, rock climbing, kayaking, and fly fishing.

“We had arrived when it was still dark and cold,” he said. “Some people were nervous — they had never been on the water before. But soon you could sense everyone relax and get comfortable with just how amazingly beautiful it was.”

A full-time freelance photographer, Aiton had joined the workshop as a way to combine work, travel, and outdoor recreation. He grew up in North Carolina, and moved to Wyoming after college (the first time he’d been west of the Mississippi) to pursue an AmeriCorps position in Cheyenne building Habitat ReStores. He immediately fell for the West’s vast landscape, and for the past 10 years he’s split his time between Wyoming, Colorado, and Utah. But no place, he says, has ever left an impression on him like Wyoming has.

“The absolute solitude and drastic differences in landscapes you experience between Cheyenne and north towards Sheridan or west towards the Tetons” provide an indelible perspective, he said. Aiton discovered the many contrasts of Wyoming just as contrasts were happening in his own life. “Not only is Wyoming beautiful, I moved here at such a pivotal time in my life. It was a new chapter, and everything was new to me, so it was very impactful.”

It was in Wyoming that Aiton took up photography and began spending more time outdoors. He has a hand-me-down camera and started shooting his outdoor adventures with friends. Although his initial images weren’t his best technically, he was impressed with the content — people recreating and doing the things they love in dramatic landscapes.

He was honored to have his photograph selected for our 2018 calendar, and he said it made him feel proud to know he might be contributing to a greater cause just by “taking a beautiful picture of a beautiful place so that other people can appreciate it.”

The Snake River that Aiton captured flows south through Jackson Hole and cuts west between the Teton and Wyoming mountain ranges. It is renowned for its blue ribbon native trout fisheries — a vital resource in a landscape we have worked to protect over the past decade.

In 2013, after years of work with numerous partners, we celebrated the purchase and retirement of nearly 60,000 acres of oil and gas leases in the Upper Hoback Basin of the Wyoming Range. Our “Don’t Frack the Hoback” campaign ensured the headwaters of the Congressionally designated Wild and Scenic Hoback River — which flows into the Snake — would not be the location of 136 new oil and gas wells.

This year, an additional 24,000 acres of leases were retired from oil and gas drilling as part of the continuing work of citizens and local leaders who value the area’s vistas, outdoor recreation opportunities, and diverse wildlife.

Join Aiton and other photographers by submitting your own shot of Wyoming for the Outdoor Council’s 2019 Calendar Contest. You can enter your photos via Instagram or email. To submit your photo(s) via Instagram, you must have a public Instagram account so that we’re able to view your submission. Upload your photo(s) and add the hashtag #MyWyoming.

To submit your photo(s) via email, send your photo(s) to claire@wyomingoutdoorcouncil.org.

For more information about the contest, visit our Calendar Contest page.

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Field Notes


Energy Dominance: Wyoming is ground zero for ‘energy dominance’ mandate

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A new “energy dominance” policy has made Wyoming ground zero for the Trump administration’s anti-regulatory, top-down mandate to promote energy extraction over all other uses on our public lands. And it’s affecting every aspect of the Wyoming Outdoor Council’s work.

Nearly half of Wyoming’s surface acreage is public land (Bureau of Land Management, national forests and parks) and the feds own and manage minerals underlying millions of additional acres of private land. During past administrations, the federal government has often served as a check on the oil and gas and mining industries’ wishes to forego a necessary balance of multiple uses. Now, the industry’s wish list is the federal mandate — and a strategy of systematically shutting the public out of decisions affecting our public lands is the new normal.

“Well established democratic processes — such as the ability to comment on proposed federal actions — are viewed by the Trump administration as impediments. This policy of ‘energy dominance’ seeks to remove those impediments,” Outdoor Council Senior Conservation Advocate Dan Heilig said. “These are our public lands, and we’re being shut out — project by project and policy by policy.”

Consider a few of the actions the administration has taken in the last year and a half that stem directly from an energy dominance policy:

• Issued an executive order in March 2017 calling for a review of all federal actions that could hinder the exploitation of energy resources and infrastructure, and immediately revoking many Obama-era measures to curb greenhouse gas emissions and protect against climate change.

• Removed regulations designed to improve the safety of hydraulic fracturing, as well as regulations seeking to reduce emissions and leaks of methane, a powerful greenhouse gas.

• Rescinded the BLM’s oil and gas leasing reforms.

• Convinced Congress to scrap the BLM’s “planning rule,” designed to increase citizen participation in land-management decisions.

• Issued guidance to federal agencies to “streamline” environmental reviews by imposing arbitrary page limits and timelines.

• Scaled back science-based protections in West-wide Greater sage-grouse conservation plans that protect habitat for some 350 wildlife and plant species.

• Offered oil and gas lease parcels in critical wildlife habitats, popular recreation areas, and culturally and historically important landscapes.

Fighting to Keep the Public in Public Lands


Among the hallmarks of the National Environmental Policy Act — our country’s bedrock environmental law — are its requirements for federal agencies to notify and respond to the public about actions affecting the air we breathe, the water we depend on, and the landscapes and wildlife that define our quality of life. These requirements are fundamental to ensuring that the public has a say in what happens to our shared resources.

Since January 2017, however, we’ve seen federal agencies give shorter notice for oil and gas lease sales and shorten the length of time the public can comment on actions related to energy development and the management of our public lands.

Conservation organizations and citizens alike have also found it more difficult to ensure that our comments are even being considered. This year the BLM reported it couldn’t account for tens of thousands of missing public comments submitted in response to the Trump administration’s revised sage-grouse management plan.

Even federal employees who live in Wyoming confide their frustration that the democratic institutions that have long ensured public participation in federal policies are now being whittled away. These civil servants say they are relying on the public’s persistence and continued engagement.

Add to this Rep. Liz Cheney’s tellingly titled “Removing Barriers to Energy Independence Act” (HR 6087) to slap exorbitant fees on citizens who wish to protest oil and gas lease sales, and Sen. John Barrasso’s ONSHORE Act (S 2319) that would give authority to states to approve applications to drill on federal public lands, and it’s clear there’s a concerted effort to aid energy companies and remove the public from public lands management processes.

“We’re seeing policies coming out of Washington, D.C., to benefit the oil and gas industry,” Heilig said. “And their primary strategy? Putting up barriers to meaningful public input in agency decision making.”

What Energy Dominance Looks Like in Wyoming


Today, the BLM is ignoring past agreements with the state and offering lease parcels throughout southwestern Wyoming — including many inside critical wildlife habitats in the Greater Little Mountain area, in sage-grouse core areas, and in parts of the Northern Red Desert that have long been understood to be off limits to oil and gas development.

Even Interior Sec. Ryan Zinke’s overture to sportsmen — an executive order “to enhance and improve the quality of big-game winter range and migration corridor habitat on federal lands” — rang hollow. No sooner had Zinke signed the order than the Interior’s BLM proposed oil and gas lease parcels for sale inside the Red Desert to Hoback migration corridor — the longest mule deer migration ever recorded.

Although Gov. Matt Mead has urged the BLM to reconsider leasing in Little Mountain and the Red Desert to Hoback corridor, he and other elected leaders in Wyoming support many aspects of an energy dominance policy — which influences the actions of our state agencies. For example, the state’s wildlife and environmental quality officials are often reluctant to hold the line — or even weigh in — on efforts to roll back detailed, science-based wildlife stipulations and air quality measures carefully crafted under previous administrations. This is particularly concerning to those who live and hunt in eastern Wyoming, where the 5,000-well Converse County Oil and Gas Project (and other big drilling projects) are slated for approval within the next year.

And in July, Wyoming’s Office of State Lands and Investments offered dozens of oil and gas lease parcels in the Northern Red Desert — home to crucial winter habitat for big game, national historic pioneer trails, wilderness study areas, North America’s largest sand dune complex, and dozens of other historic, cultural, and natural resources. One parcel was even situated in the shadow of the iconic Boar’s Tusk.

These federal actions and policy changes are coming fast and furious. And they complicate nearly every aspect of our program work. Read on to learn what the Outdoor Council is doing to address these challenges and why we need your help.

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The Energy Dominance Mandate at Work: WOC’s Response

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Problem: Rollback of BLM rule to protect air quality and curb greenhouse gases.

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Solution We Seek: BLM keeps its good rule and Wyoming adopts strong statewide guidance.

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In 2015 the BLM finalized rules to limit the venting and flaring of natural gas, and required inspections of leaky equipment for new oil and gas wells. Because the pollutant is also the product for sale, not wasting it makes sound financial sense. Many companies, such as ExxonMobil, agree.

An industry trade group and three states, including Wyoming, sued. We joined public health organizations, conservation groups, and the states of New Mexico and California to intervene in defense of the rule — and successfully stopped the attempt to delay the rule’s implementation.

End of story? Not quite. Under the new administration, the BLM turned 180 degrees and attempted to rescind its rule. We joined partners to successfully challenge this unlawful move and demand that the BLM follow the legally required steps to repeal an established rule. The BLM’s new rule (which we expect will indeed scrap nearly all of the good elements of the 2015 rule) will be announced any day.

In this case, there’s also a state-level solution. For years we’ve urged Wyoming’s Department of Environmental Quality to issue its own guidance requiring companies to regularly inspect and fix leaky infrastructure in all new oil and gas fields. Wyoming does have such a requirement — but it pertains only to wells in the Upper Green River Basin. Late this summer we were happy to learn that Wyoming DEQ finally proposed guidance to apply these best practices statewide, and we’re working to make sure the measure is adopted and implemented.

We also want to see Wyoming lawmakers remove the severance tax exemption for flared natural gas, which would generate real revenue for counties and local governments.

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Problem: Federal and state oil and gas lease parcels are being offered for sale in some of the most iconic places and most crucial winter big game habitat in the Northern Red Desert.

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Solution We Seek: The BLM and the state agree to withdraw and no longer offer oil and gas leases in special places and important habitats.

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In July, the Wyoming Office of State Lands and Investments offered dozens of oil and gas lease parcels for auction throughout the state, including 34 parcels in the Red Desert — in remote areas with no roads or infrastructure to accommodate development. The parcels are in or near designated National Historic Trails, BLM Wilderness Study Areas, and critical big game and sage-grouse habitat.

Wyoming’s July lease auction demonstrates the influence of an energy dominance policy on state actions. Once federal lease parcels are offered in undeveloped areas — such as the Northern Red Desert — operators are motivated to nominate neighboring state parcels to shore up congruent lands for development.

The Outdoor Council led an effort asking the state to withdraw the 34 lease parcels identified as a threat to wildlife, cultural, and natural resources. The state withdrew only one it had slated for sale — the iconic Boar’s Tusk. Twenty-one of the state parcels received bids in July. We led another campaign to urge the OSLI board of commissioners not to authorize their sale. Our efforts prompted dozens of residents to testify to the wildlife, cultural, and economic values that would be degraded if drilling in this landscape is allowed.

There is a better way!​ ​We’re reminding state leaders that an exchange of these isolated state parcels for BLM lands elsewhere that are more conducive to development would provide a better guarantee of revenue while protecting this landscape.

We continue to monitor leasing actions by both the state and the federal government throughout Wyoming, and remain ready to defend against shortsighted policies coming out of D.C.

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Problem: Proposed oil and gas leases threaten sensitive habitat in the longest mule deer migration corridor.

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Solution We Seek: The BLM does not offer oil and gas lease parcels here.

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Every spring, thousands of mule deer make a 150-mile trek between their winter range in the Red Desert and lush habitat farther north. In the fall, often with fawns, they retrace their steps south.

This February, Interior Sec. Ryan Zinke issued an order to “improve habitat quality” in migration corridors. We applauded the move. But then the BLM announced it would offer multiple parcels inside the Red Desert to Hoback corridor for oil and gas leasing.

That’s a problem. We reminded Sec. Zinke and the Wyoming State BLM office that science shows drilling in vital habitats like migration corridors is harmful to wildlife, and we urged them to pull the parcels before the fall lease sales. We also helped a coalition of sportsmen and conservation partners do the same. And, after thanking Gov. Matt Mead for his initial support of this special corridor, we asked him to be even more vocal in its defense.

We’re also making sure citizens are aware of the problem, and that they know how to help fix it. Participants at our annual Run the Red event and the Tour de Wyoming bike ride — which both intersect with the corridor — were eager to contact Gov. Mead and speak out in its defense. We provided postcards for participants to submit comments to Gov. Mead, and, thanks to the generosity of a WOC member, we provided felt antlers which cyclists donned in a show of solidarity with the migrating deer.

In early August, BLM agreed to defer nearly 5,000 surface acres from potential oil and gas developments that intersect this vital corridor. Although this isn’t everything we asked for, it’s a good start. Thanks to all of you who let Gov. Mead and Sec. Zinke know that Wyoming’s wildlife habitat is worth defending! We’ll keep pushing to protect this and other special corridors.

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Field Notes


Your voice makes a difference in wave of leasing actions

This summer we asked you to weigh in on several oil and gas leasing actions that would degrade wildlife habitat and other special landscapes in Wyoming. You responded by submitting comments and letting officials know that some places just aren’t right for development. Thank you! Because of your quick action, we have a few successes to report.

But first some context.

In western states, U.S. Bureau of Land Management lease sales are growing exponentially in size. This year, the number of federal acres offered for oil and gas development in Wyoming ballooned from 170,509 in the first quarter to a whopping 700,000 acres in the fourth.

“I’ve never seen a lease sale in Wyoming of that size, ever. Seems like it’s a firesale,” Outdoor Council Senior Conservation Advocate Dan Heilig said.

Following the president’s “energy dominance” directive, the BLM is also offering shorter timeframes for the public to review and respond to lease sales, while also ignoring its previous commitments to not lease in areas undergoing planning revisions. This has led to leases being sold in areas that have less than adequate protection.

And the public isn’t even getting a fair return. Many lease parcels offered in these sensitive areas are selling for the federal minimum of $2 per acre, whereas parcels in developed areas “in play” can go for $3,200 per acre.

This year, the number of federal acres offered for oil and gas development in Wyoming ballooned from 170,509 in the first quarter to a whopping 700,000 acres in the fourth. (Wyoming BLM)

“It’s not benefiting the public treasury,” Heilig said. “They’re not getting the best value per acre for these parcels.”

According to a July 2018 article by Reveal, “Some energy experts say the Trump administration is trying to lease lots of federal land that oil companies don’t even want. Of the 11.9 million acres offered by the administration in 2017, 792,823 [acres] received bids, considerably less than the 921,240 acres out of 1.9 million under the Obama administration in 2016.”

The sale of a lease parcel conveys a legal right to develop. Because neither the state nor the federal government is carefully analyzing where it sells, or allows citizens time to comment, the public stands to lose.

Back in 2012, citizens rallied to help purchase and retire nearly 60,000 acres of oil and gas leases in the Upper Hoback of the Wyoming Range. These were leases originally bought on the cheap, which citizens then spent $8.75 million to purchase and retire. Today’s wave of federal leasing poses similarly costly threats far into the future, whether leases must be bought out in some places, or development robs the public of productive wildlife habitat and outdoor and tourism dollars.

Your voice matters

In the July Wyoming state lease sale your emails, letters, and phone calls to state officials helped result in a handful of lease parcels being pulled — one at the foot of Boar’s Tusk. This is fantastic news. Unfortunately, the State Board of Land Commissioners approved the sale of nearly two dozen other parcels that we and many partners opposed.

This shortsighted lease sale not only threatens critical wildlife habitat and rare cultural resources in the Red Desert, it also highlights several deficiencies in the state leasing process. First, the state’s public notice for oil and gas lease sales is woefully inadequate. The state allowed only 30 days for the public to review 187 proposed leases statewide. Second, although the public may access and comment on proposed lease sales, the state provides no formal avenue to do so.

With your help we will continue to push officials to resolve these deficiencies. And, recognizing that Wyoming’s constitution prioritizes uses of state lands to generate revenue for Wyoming schools, we’ll also keep touting a better alternative to leasing special state landscapes for energy development: exchanging those lands for BLM parcels better suited to industrial development.

On the federal front

The state’s July lease sale precedes two federal oil and gas lease sales that also include parcels in sensitive areas, such as Greater sage-grouse core areas, crucial winter range, and the Red Desert to Hoback mule deer migration corridor.

So far, the Wyoming Game and Fish Department has been reluctant to weigh in on recent federal leasing actions with its own expertise. We continue to urge the state to guide federal agencies on matters best understood by expert biologists citing the best available science.

The state has so far failed to note that federal stipulations attached to oil and gas lease parcels don’t take into consideration 15 years of published research by wildlife biologist Hall Sawyer. The research shows such stipulations do not adequately protect wildlife from oil and gas development.

Rather than keeping its foot on the gas pedal, the BLM needs to hit the brakes on oil and gas leasing in and near migration corridors. The agency needs to take time to adhere to the best available science and to amend existing stipulations to ensure protections actually work as intended.

This year we also asked you to submit comments on BLM oil and gas lease sales, and many of you responded. Thanks to your advocacy and the urging of Gov. Matt Mead, the BLM agreed to defer the sale of nearly 5,000 surface acres of federal lease parcels that intersect with the Red Desert to Hoback mule deer migration corridor. This is a good start to defending this corridor, and it showed the BLM that Wyoming citizens are resolute in protecting the state’s critical wildlife habitat.

Thank you for staying engaged and helping us keep the promise that we owe to future generations.

— Read the Wyoming BLM Third Quarter oil and gas lease sale protest letter filed (August 11, 2018) by Wyoming Outdoor Council, National Audubon Society, The Wilderness Society, and Wyoming Wilderness Association.

 

Field Notes


Ranchers rally for wilderness, against motorized use, on Copper Mountain

There isn’t much traffic on Birdseye Pass Road just outside Shoshoni in north-central Wyoming, despite the fact that it carves around the southern and eastern borders of the Copper Mountain Wilderness Study Area — a place that the U.S. Bureau of Land Management proclaims has “outstanding” potential for “primitive and unconfined recreation.”

Traffic will pick up in September when hunters begin scouting the area for deer and elk. Meantime, there’s always the occasional out-of-town vehicle that’ll stray from county road to private. These drivers often avoid stopping to visit with a local rancher who pulls over for a quick hello, and to maybe offer some advice.

[learn_more caption=”What are Wilderness Study Areas?”] Wilderness Study Areas originated from the Federal Lands Policy and Management Act of 1976 which required the identification of federal lands with “wilderness characteristics.” As such, lands are either recommended for wilderness or a host of other potential designations. Only Congress has the authority to make the designation based on the recommendations of the Bureau of Land Management and the U.S. Forest Service. In Wyoming, there are 42 BLM WSAs. (Source: Wyoming Public Lands Initiative) [/learn_more]

“We call ‘em Lookie-Lous,” Garrett Herbst says as he grinds pickup and loaded horse trailer up this road toward the family’s old homestead. They’re mostly harmless and well-intentioned, the 31-year-old fourth generation rancher adds. There’s a common perception that ranchers are unapproachable, and maybe even downright grouchy toward the average person looking to recreate among the patchwork of public and private land in Wyoming.

Herbst says that’s a perception ranchers need to try to change, for their own survival.

“We gotta take just a little time to visit, and help people know where they can be and do it right. That’s the type of thing we need to encourage, or eventually — ranchers are kind of a dying breed as it is — people are going to make it harder for ranchers if we don’t start helping them enjoy what’s around us.”

Garrett Herbst prepares for a ride through the northern portion of the Copper Mountain Wilderness Study Area where his family grazes cattle in the summer. For four generations, the Herbst family has packed in salt for wintering horses and summer cattle. (photo: Dustin Bleizeffer)

The Herbst family, and many ranchers like them, depend on grazing allotments on public lands. The Herbsts, for example, have grazed cattle here every summer for 100 years. Ranchers know these public landscapes better than most, yet Garrett Herbst worries they risk alienating themselves from other public land users when it comes to land management planning for the future.

Those risks are at play right now for the Copper Mountain Wilderness Study Area and 42 other WSAs in Wyoming currently under consideration for permanent land management changes. For the past two years a handful of counties have taken part in the Wyoming Public Lands Initiative, an effort to find broad-based consensus on the future management of WSAs as the basis for congressional legislation to move all or some of the WSAs in Wyoming from a temporary status to a mix of wilderness and other management priorities.

[learn_more caption=”What is the Wyoming Public Lands Initiative?”] The Wyoming Public Lands Initiative is a voluntary, collaborative process led by counties regarding the future management of Wilderness Study Areas in the state. The goal is to find local stakeholder consensus for how each Wilderness Study Area is managed, and to send those recommendations to Congress for potential new legislation guiding the permanent management of the WSAs. (Source: Wyoming Public Lands Initiative)[/learn_more]

Existing grazing allotments in the WSAs — such as the Herbsts’ in the northern portion of Copper Mountain — are grandfathered in the existing plans, and won’t be revoked. But a wide range of new uses are under consideration, including off-road vehicle use and new motorized vehicle trail systems.

Rock crawlers in a roadless area?

There’s no water to fish here, but a scramble to any hilltop provides stunning views of a desert-like plains to the south, Boysen Reservoir and the Absaroka Range to the west.

Copper Mountain offers a wealth of geologic and cultural resources, and challenging terrain for hikers and backpackers. There are rockfaces to climb and deep gullies rumored to hide ancient cedars. Garrett complains there’s too many mountain lions and rattlesnakes to his liking in this dry sagebrush- and juniper-covered landscape. But it provides critical refuge for the deer and elk that move into the northern and eastern parts of Copper Mountain to survive especially harsh winters, earning a portion of the WSA critical winter range habitat protections.

It’s all of these qualities, after all, that earned Copper Mountain the designation of Wilderness Study Area decades ago. This is a place that is remarkably untouched and wild. There are no roads. Anyone is free to come here and enjoy a sense of solitude — by foot or by hoof. It’s the landscape people think of when they imagine Wyoming. But the Herbsts fear these qualities may one day be lost.

There’s a lot for people to enjoy on Copper Mountain where the BLM Wilderness Study Area spans 6,858 acres of hilly, rocky terrain wedged between the Wind River Canyon to the west and the rest of Copper Mountain to the east, nestled at the southwestern edge of the Bighorn Mountain Range. On a horseback tour of the area in June, Garrett Herbst and his father Tom Herbst spotted tepee rings and mountain bluebirds darting over steep slopes speckled with budding Indian Paintbrush. (photo: Dustin Bleizeffer)

So far, the Fremont County Public Lands Committee still implicitly includes the “bottom-third” portion of the Copper Mountain WSA — just 2,000 roadless acres among 2.1 million BLM acres across the larger north-central portion of the state — in its recommendation for a motorized use study. Garrett, his father Tom Herbst, and many other locals worry that recommending such a study may be interpreted as a mandate to accommodate off-road vehicles — ATVs and even “rock crawlers” specifically designed to maw and mount rocky crags and other rugged but sensitive terrain.

While riding horseback through the “bottom-third,” Tom Herbst noted that the reason there are no roads here is because the terrain is too hilly and the soils are too delicate. A track carved by motorized wheels — even a groomed trail — would cause erosion, likely leading to another route that encourages even more erosion.

The Herbsts’ grazing allotment is situated on the northern end of the Copper Mountain WSA, which comes with the WSA-wide restriction of no motorized use. For four generations, they’ve packed in salt for wintering horses and summer cattle, and they’ve packed in materials to maintain fences and to coax spare mountain spring watering holes. That’s how it’s been done for generations — even before the WSA guidelines were established decades ago.

Opening the area to off-road vehicles would damage every quality that earned Copper Mountain its wilderness study designation in the first place, the Herbsts say. They want the Copper Mountain WSA to be excluded from any recommendation for an ORV suitability study, and they’ve gathered more than 200 signatures from others — mostly locals — who agree.

Copper Mountain grazers like the Herbsts don’t want to see the roadless area opened to motorized use. For generations, the family has packed in salt for wintering horses and summer cattle, because the landscape isn’t suited for motorized vehicles. (photo: Dustin Bleizeffer)

“It’s not good for hunters, not good for hikers, not good for wildlife. It’s only good for the ORV user,” Tom Herbst said. “Here’s the other thing for ranchers: conservation is critical in an arid area like this. If we don’t kind of conserve it, we don’t have grazing. We’ve got to take care of it.”

As Garrett and Tom find allies among the ranching community and initiate conversations to elevate suitable recreation opportunities at Copper Mountain — such as climbing, birding, and hiking — they feel the Fremont County advisory committee hasn’t taken their wishes, concerns, and local knowledge into account.

Are public lands committees listening to the public?

The Wyoming Public Lands Initiative set out to resolve the temporary status of WSAs — in limbo for nearly three decades. Each county with a WSA was encouraged but not required to participate. The initiative recognized that a consensus set of recommendations created by a broad coalition of stakeholders stands the best chance of support for congressional legislation.

WPLI’s charter states that “County WPLI Advisory Committees will be expected to encompass a broad cross-section of public lands stakeholders.” The initiative’s Principles and Guidelines state that Public Lands Committees “allow for public comment opportunities at all of the committee’s meetings” — a charge that participating committees have honored; most provided multiple opportunities, and even online comment submissions.

But the guidelines do not say how public comments are to be considered by the committees, or integrated into the committees’ final recommendations.

Neil Long is a climber who lives in Casper in neighboring Natrona County. He’s among many local climbers who frequently scale granite walls inside the four WSAs that comprise the Sweetwater Rocks complex far south of Copper Mountain. Neil and many of his fellow climbers have read through committee meeting minutes and reached out to members of the Fremont County Public Lands Committee to share their input. Neil shares the same concern as the Copper Mountain ranchers — that the committee appears to listen, but then doesn’t seem to incorporate broad public agreement into its decisions.

“I reached out and got responses ranging from no response and neutral response, and that public opinion isn’t going to persuade some [committee] members,” Neil said.

Like the Herbsts, Todd Humphreys works a grazing allotment in the Copper Mountain WSA, carrying on a 90 year family tradition. In that time there have been dustups about land use, he said, but things have worked nicely the past few decades among local ranchers, the Bureau of Land Management, and the public under the WSA designation. Humphreys says he shares the view that ranchers need to be partners with land managers and the general public that wants to enjoy the wild, roadless area.

“We have to learn how to share this,” Humphreys said. “Other people need to enjoy this too — the people who appreciate it.”

Copper Mountain grazer Tom Herbst said his family and the general public have benefited from the “wilderness” protections applied to the area for the past three decades. “I think the benefit of wilderness is it creates more respect for the land,” he said. (photo: Dustin Bleizeffer)

Humphreys acknowledged public land grazers sometimes butt heads with the BLM in some areas, but it’s working out on Copper Mountain. “The Wilderness Study Area is no problem with us,” he said. “Even if it’s [permanently] made a wilderness area, we can work with that, and we can work with the BLM. We just don’t want motorized vehicles in there with trails and trash.”

Humphreys attended several Fremont County Public Lands Initiative committee meetings, wrote comments, and helped organize with other locals, and said he appreciates the task and the manner in which the committee has worked.

“But when it came down to recommendations for this area, it seems like they protected other [WSAs in Fremont and Natrona counties] but backed off of Copper Mountain. I think there are some interests there who are not concerned with Copper Mountain, and they blocked everything we tried to conserve.”

Two committee members refused to support the draft recommendation, in part because of concerns over the potential for motorized access to areas like Copper Mountain. But it’s unclear whether the Copper Mountain ranchers will be heard as recommendations move from committee to the county commission and perhaps to Congress.

“All 325 million people in the United States have the right to be on public ground. Now it’s just a matter of how are we going to use certain parts of it?” Garrett Herbst said. “Because certain places may be suitable for certain activities. Other places — especially like we feel about this — there’s absolutely no motorized trails. Why destroy this little piece?”

Over the next few months, committees around Wyoming will seek public input as they work to finalize sets of recommendations for this and other public landscapes. You can follow the progress here at wyomingoutdoorcouncil.org, and on our Facebook page.


NOTE:
This is the first of a 3-part series about the Wyoming Public Lands Initiative, now in its final stages of approving recommendations to send to Congress.