February 5, 2009

ACTION ALERT!

MORE HELP NEEDED
to Protect the Future of Wyoming's Very Rare
or Uncommon Areas

The House Majority Leader has moved up House Bill 262 on the legislative agenda. This bill is an environmental roll-back!

Moving up on the agenda means that the bill will almost certainly be heard by the House on first reading and its progress will continue immediately.

The bill diminishes the authority of the Environmental Quality Council (EQC) to evaluate and designate, as Very Rare or Uncommon, areas that are worthy of protection and at the same time loads up the legislature with more bureaucratic and complicated responsibilities that already slow down the legislative process.

Please contact your representative and ask them to vote against this bill.

BCA will be aggressively opposing HB262. If you have ideas or concerns that you would like to share please call or email Wayne Prindle.

307-742-7978
wayne@voiceforthewild.org

Below is a web link to the Legislative Services website.

http://legisweb.state.wy.us/LegislatorSummary/LegislatorList.aspx?strHouse=H&strStatus=N)

There you will find a complete list of contact information for all Wyoming representatives. You can also use the Voter Hotline: 866-996-8683.

If you live in Cheyenne, the number is 777-VOTE. When you call, simply say that you are urging Representative ____________ to vote against HB262, the Very Rare or Uncommon Area bill.

Short and concise messages are most well received.
Sum up your opposition by saying, "the bill represents an environmental roll-back." You can expand that, if you'd like, by saying, "if the legislature takes over the designation process they would unlikely protect important areas like Adobe Town in the Red Desert."

Below is more detail to help you communicate with your representative.

Why is a Rare or Uncommon Designation Important?

• Rare or Uncommon ensures that any non-coal surface mining operations in the area do not threaten or degrade the Very Rare or Uncommon features for which the area was designated. Designation does not extend to limit oil and gas drilling or grazing; oil shale and uranium are subject to restriction.

What is the process for that designation?

• The EQC can respond to a citizen petition or can take up an area of the EQC's own initiative.
  
• There is an initial hearing to determine whether there are resources present which, if they are subsequently deemed to be rare or uncommon, fit within the designation criteria under the Environmental Quality Act and its regulations.
  
• If criteria is met, the EQC sets a formal hearing for the petition. If not the matter is dropped.
  
• Having determined that an area possesses resources potentially qualifying for Very Rare or Uncommon designation, the petitioner must send written notice to all property owners in or adjacent to the proposed VRU area and post a legal notice of the hearing in one statewide and one local paper.
  
• During the hearing, anyone can testify. If a party formally protests the designation from a legal standpoint, it can turn into a contested hearing in which both sides can question the witnesses of the other.
  
• If the EQC finds that a qualifying resource is indeed very rare or uncommon, it must designate the area for protection.

Who are the stakeholders (private, state, federal, business, public)?

• Anybody who has an interest in the area could be considered a stakeholder, i.e., people who enjoy the Very Rare or Uncommon characteristics of the area, commercial interests of any kind who use the area, landowners and mineral owners in and adjacent to the area, and citizens at large.

Who can challenge the process and designation?

• In theory, anyone who participated in the Very Rare or Uncommon process by submitting testimony would be eligible to challenge a ruling in court under the Environmental Quality Act, if they can demonstrate that the designation or non-designation violates the statute or regs.

What kind of areas are eligible for designation?

• The regs are not specific to state, federal, or private lands. Any of these could be included at present.

How many areas have been designated Rare or Uncommon?

• Not very many. There was a mine site up one of the rivers bordered by the Washakie Wilderness that was designated in the mid-90s; Bessemer Bend west of Casper was designated to protect it from gravel mining in the late 90s or early 00s and, of course, Adobe Town was designated in 2007.

Are any areas currently under consideration?

• There are no areas currently before the EQC. The Sand Creek Roadless Area was petitioned by Friends of Sand Creek last year and was withdrawn due to some difficulties getting the property owners properly listed in the petition. This petition is likely to be revived.

What kinds of (mining, grazing, development) restrictions happen as a result of designation?

Prevents non-coal surface mining if it would diminish or degrade the Very Rare or Uncommon features for which the area is designated. Does not limit grazing, oil and gas drilling or other activities not tied to non-coal surface mining.

PLEASE USE THIS INFORMATION AND
CALL YOUR REPRESENTATIVE NOW!

Again, Thank You for Using Your Voice for the Wild!