“Those closest to the land should not be ignored or rejected”
U.S. SENATE – U.S. Senator Steve Daines today spoke with Utah Attorney General Derek Brown and Micah Christensen from the Wyoming County Commissioners Association in a Senate Energy and Natural Resources Committee hearing. They discussed the Biden administration’s blatant violations of the Federal Land Policy and Management Act (FLPMA) and the need to ensure state and local governments have a say in the planning process on issues that impact them most. Daines also discussed reliable electricity for Montana’s rural communities and the need to remove undue burdens on electricity providers.
Watch the full exchange HERE.
Daines: Chairman Lee, Ranking Member Heinrich thank you for holding this timely hearing. Last month, Congress acted to right a wrong and repeal a violation of the multiple-use and public engagement principles enshrined in FLMPA. The Biden BLM’s land use planning process was weaponized to push radical, anti-energy policies in states like Montana, Wyoming, North Dakota, and Alaska, despite significant opposition from the states. Thankfully, Congress acted and passed my bill to repeal the anti-coal Miles City Resource Management Plan Amendment and I look forward to President Trump signing it into law very soon. I want to focus my question on a specific violation of FLPMA in Montana that was prevalent under Biden and that’s the disregard of the views and input of local counties, elected officials and specifically the Governor of the state. The Miles City RMPA was strongly opposed by those living, working, and representing the land affected. Despite this opposition, Biden’s BLM ignored local feedback and pushed forward with this harmful effort. It was so frustrating to see the disconnect between federal bureaucrats here in Washington who had a very strong agenda and local elected officials on the ground in Montana. And during the official Governor’s Consistency Review, after multiple official protests and an appeal from Governor Gianforte, the BLM decided to “reject the Governor’s recommendations.” This is shameful and we need to ensure that the voices of those closest to the land are not ignored or rejected. Attorney General Brown and Mr. Christensen, what actions should Congress take to ensure that local and statewide elected officials, and those most affected by BLM’s actions, do not have their voices shut out of the planning process?
Brown: I think one of the things that I think this this body could do is look at meaningful changes to FLPMA such that there’s meaningful involvement.
Daines discussed undue burden on electricity providers:
Daines: In order for electric utilities and rural co-ops in Montana to provide energy efficiently, we’ve got to get the transmission lines in place, crossing a patchwork of private, state, and federal lands. To protect these power lines and communities from devastating wildfires, electric utilities develop and retain authorized vegetation management plans to cut and remove dangerous trees on public lands. However, they cannot protect and power communities if land management agencies are not responsive or cooperative when utilities are managing their rights-of-way. Recently, Vigilante Electric Co-op from Dillon, Montana, was slapped with a $5 million fine from the Forest Service because a tree outside of their right-of-way caught on fire. Any attempt from Vigilante to remove the tree would have been illegal, yet they were held liable for the fire. In 2018, FLPMA was amended to include a strict liability cap of $500,000 for electric utilities, which expires in 2028. The $5 million Vigilante fine was far beyond the $500,000 limit and one that is near impossible for a small rural electric cooperative to pay. It literally can put them out of business. It’s common sense that no entity should be fined without proven negligence or noncompliance and that the status quo does not provide enough certainty. Mr. Brown, Utah and Montana’s state legislatures have both recently passed legislation to address these liability problems and the undue burden placed on electricity providers. What still needs to be changed at the federal level to replicate the success we’re seeing in our states?
Brown: I think having more meaningful involvement with the folks on the ground who recognize the problems involved with the rights-of-ways something that should be addressed.
###
Contact: Matt Lloyd, Gabby Wiggins