DRAFT3_to_Fred_10_27_2020

GARFIELD COUNTY FEDERAL LANDS NATURAL RESOURCES COORDINATION PLAN & POLICIES Adopted by the Board of County Commissioners – September 8, 2020 Prepared by: Garfield County Board of County Commissioners John Martin, Chairman | Tom Jankovsky | Mike Samson

page | 2 TABLE OF CONTENTS I. Purpose ……………………………………………………………………………………………… 5 II. Garfield County History, Culture and Background ………………………………………… 5 III. Authority …………………………………………………………………………………………. 6 IV. History of Bureau of Land Management …………………………………………………… 7 V. History of the US Forest Service ……………………………………………………………….. 7 VI. Benefits and Burdens of Public Lands ……………………………………………………….. 8 VII. Fundamental Principles of the Plan………………………………………………………… 9 A. Multiple Use …………………………………………………………………………………… 9 B. Sustained Yield …………………………………………………………………………………. 9 C. Public Land Management Principles ……………………………………………………… 9 D. Coordination …………………………………………………………………………………. 10 E. Cooperating Agency Status ………………………………………………………………. 10 F. Collaboration ……………………………………………………….……………………….. 10 VIII. Land Management Policies ……………………………………………………………….. 11 A. Forest / Timber Management …………………………………………………………….. 11 B. Wildland Fire …………………………………………………………………………………. 13 C. Range Management ……………………………………………………………………… 15 D. Noxious Weeds & Invasive Species ……………………………………………………….. 19 E. Energy Resources (Oil & Gas, Oil Shale, Coal, Solar, Geothermal, Hydroelectric) ... 22 F. Socio-economic & Economic Viability ……………………………………………………. 26 G. Travel Management, Access & Rights-of-Way ………………………………………….. 27 H.LandAcquisition&Disposal…………………………………………………………………..29 I.WildlifeManagement…………………………………………………………………………30 J. Water - Rivers, Lakes, Reservoirs, Ditches and Water Rights …………………………… 35 K.AirQuality……………………………………………………………………………………….38 L. Outdoor Recreation / Tourism / Hunting & Fishing ……………………………………... 40 M. Hard Rock Mining / Gravel & Aggregate Mining ……………………………………… 41 N. Greenhouse Gas Emissions and Oil and Natural Gas Operations ……………………. 44 IX. Federal Land Designations & Policies…………………………………………………….. 46 A. Wilderness Areas …………………………………………………………………………….. 46 B. Wilderness Study Areas ……………………………………………………………………… 47 C.LandswithWildernessCharacteristics(LWC)……………………………………………..48 D. Areas of Critical Environmental Concern (ACEC) ……………………………………… 48 X. Federal & State Land Revenues & Policies………………………………………………… 51 A. Payment in Lieu of Taxes (PILT) …………………………………………………………….. 51 B.SecureRuralSchools(SRS)…………………………………………………………………….51 C. Severance Tax ……………………………………………………………………………….. 52 D. Federal Mineral Lease ……………………………………………………………………… 53 E. State Lands Board ……………………………………………………………………………. 56 XI. Equal Access to Justice – Sue Settle Agreement ……………………………………… 56

page| 3 APPENDICES 1) Restoring the Rule of Law and Federalism by Ensuring Coordination with State and Local Governments. Prepared by Chavez County, New Mexico; Garfield County, Colorado; Kane County, Utah; American Stewards of Liberty; and Norman D. James, Fennemore Craig P.C. (This was also the Proposed Presidential Executive Order on Coordination – completed in 2017.) 2) Guidelines for Coordination with the U.S. Department of Interior and U.S. Department of Agriculture. Prepared by American Stewards of Liberty. 3) Coordination and Plan Consistency Review Under Section 202(C)(9) of the Federal Land Policy and Management Act of 1976. Norman D. James, Fennemore Craig P.C., 2016 4) Forest Service and State, County, and Local Government Coordination Under Section 6 of the National Forest Management Act. Norman D. James and Ronald W. Opsahl, Fennemore Craig, P.C., 2017 5) Bureau of Land Management: “A desk guide to Cooperating Agency Relationships” (By way of reference) 6) Guide to Best Practices for Rangeland Management in Garfield County, Colorado Prepared by Lamar Smith, October 24, 2019

page | 4 SPECIAL ACKNOWLEDGEMENT It is with specific appreciation we would like to acknowledge the work provided in the drafting and review of this document to the following contributors, participants and organizations: Garfield County Board of County Commissioners: Commissioner John Martin, Chairman Commissioner Tom Jankovsky Commissioner Mike Samson Tom Jankovsky, Garfield County Commissioner– Project Champion Fred A. Jarman, AICP, Deputy County Manager – Project Lead Garfield County Planning Commission The Garfield County Stakeholders Group including representation from: • United States Forest Service • United States Bureau of Land Management • Colorado Department of Parks and Wildlife • Energy Industry Representatives – Caerus Oil & Gas & Terra Energy Partners • Colorado Cattleman’s Association • American Stewards of Liberty • Wilderness Workshop • Roaring Fork Mountain Biking Association • White River Trail Runners ATV / UTV Club • Local Fly-Fishing Industry Representatives • Local Guiding & Outfitter / Outdoor Hunting / Shooting Representatives • Roaring Fork Mountain Bike Association • Blue Sky Adventures and Canyon Bikes • Local River Rafting / Cycling Industry Representatives • National Oil Shale Association • Citizen At-Large Representative, Don Markley • Local sheep and Cattle Grazing Representatives

page | 5 I. Purpose The Garfield County Federal Lands Natural Resource Coordination Plan & Policies (the Plan) sets forth the County’s policies regarding the use of federal lands in Garfield County. These plans, policies, objectives and goals shall be coordinated with all federal planning and management efforts related to the use of the federal lands as required by federal law. Sixty-two percent of Garfield County’s land base is federally owned, making the use of these lands critical to the County and the people it serves. This Plan also promotes coordination with the federal agencies that is in compliance with Colorado open meeting laws. Ultimately, the purpose of this Plan is to provide the policies and process that will help federal agencies understand the County’s requirements and make all efforts to achieve consistent policies regarding land use on federal lands in Garfield County. II. Garfield County History, Culture and Background Founded in 1883, Garfield County is known for its rural to resort character with the main economic drivers of energy development, tourism, and agriculture. The County encompasses approximately 3,000 square miles in Northwest Colorado and has a population of 59,000. Approximately 62% of these lands are owned and managed by the federal government. Under the U. S. Department of Interior, the Bureau of Land Management (BLM) manages 615,973 acres, and the Bureau of Reclamation (BOR) manages 2,335 acres. The U.S. Department of Agriculture, Forest Service (USFS) manages 515,865 acres. The remaining lands are owned by State, County and private interests. There are six cities and towns within the County, including Carbondale, Glenwood Springs, New Castle, Silt, Rifle and Parachute comprising 60% of the County’s population. The remainder of the population (approximately 24,000) lives in unincorporated Garfield County. The populous areas of the County are in the Colorado and Roaring Fork River valleys served by 70 miles of Interstate 70, and State Highways 82, 13, and 133. Garfield County is a “right-to-farm” County where the State’s policy is carried out to conserve, protect, and encourage the development and improvement of its agricultural land to produce food and other agricultural products. (C.R.S. 35 – 3.5 - 101) The County’s Right to Farm Policy is also contained in Section 1, Division 3 of the Garfield County Unified Land Use Code.

page | 6 plans and working to achieve consistency of the federal plans with State and local plans. III. Authority The Secretary of Interior “shall … to the extent consistent with the laws governing the The County’s socio-economic well-being, health, administration of the public lands, coordinate safety, welfare, and culture relies significantly on the land use inventory, planning, and the management of surrounding federal lands management activities of or for such lands and the policies thereon. As such, it is critical that with the land use planning and management the management of those lands are coordinated programs of other Federal departments with Garfield County to ensure that federal land and agencies and of the States and local policies are consistent and compliment Garfield governments within which the lands are County’s policies and plans. located. . . . Land use plans of the Secretary under this section shall be consistent with The State has given the County the necessary State and local plans to the maximum extent power to plan and regulate the lands within its he finds consistent with Federal law and the jurisdiction in order to protect the health, safety purposes of this Act.” (43 U.S.C. § 1712(c)(9)) and welfare of its citizens. And, “Such regulations shall be designed and enacted for the purpose of promoting the “…The Secretary of Agriculture shall develop, health, safety, morals, convenience, order, maintain, and, as appropriate, revise land prosperity, or welfare of the present and and resource management plans for units future inhabitants of the state, including of the National Forest System, coordinated lessening the congestion in the streets or with the land and resource management roads or reducing the waste of excessive planning processes of State and local amounts of roads, promoting energy governments and other Federal agencies.” conservation, securing safety from fire, (16 U.S.C. § 1604(a)) floodwaters, and other dangers, providing adequate light and air, classifying land uses Garfield County recognizes that it has the and distributing land development and obligation to protect the health, safety and utilization, protecting the tax base, securing welfare of the people and establish plans and economy in governmental expenditures, policies for this purpose across all lands within fostering the agricultural and other industries, its jurisdiction. The County also recognizes and protecting both urban and nonurban the federal land management agencies are development.” (30-28-115(1)) responsible for managing the federal lands and resources as directed through federal law. It is vital that the two planning positions harmonize to prevent conflicting policies and economic harm to the County. The plans, policies, objectives and goals set forth within this Plan, as well as those addressed in other County planning documents, are the issues that must be coordinated by the federal agencies in their planning and management efforts. The Guidelines for Coordination in Appendix 2, sets forth the process to meet this obligation. The Courts recognize that the States and local governments are “free to enforce [their] criminal and civil laws on federal land so long as those laws do not conflict with federal law.” California Coastal Comm’n v. Granite Rock Co., 480 U.S. 572 (1987) (quoting Kleppe v. New Mexico, 426 U.S. 529, 543 (1976)); see also People ex rel. Deukmejian v. Cty. of Mendocino, 36 Cal. 3d 476, 491, 683 P.2d 1150, 1160 (1984). The Congress has mandated that federal agencies coordinate their plans and policies with the plans and policies of States and local governments for the purpose of harmonizing the

page | 7 IV. History of V. History of Bureau of Land Management the United States Forest Service The BLM administers the lands that remain from The United States Forest Service manages 515,865 America’s original “public domain.” This includes acres in Garfield County, the largest area of 615,973 acres of land in Garfield County. The which is the White River National Forest (WRNF). principal law governing the agencies mission is th This forest was the second forest reserve set Federal Land Policy and Management Act of aside in the Nation under the Forest Reserve 1976, commonly referred to by its acronym of Act in 1891 as the White River Plateau Timber FLPMA. Reserve by President Benjamin Harrison. In 1907, when an act of Congress changed the name The BLM manages three field offices in Garfield of the Forest Reserves to National Forests, then County including the Colorado River Valley Field Forest Supervisor James Blair recognized that the Office, the White River Field Office and the Grand resources in the WRNF were to be used and not Junction Field Office. These offices manage the locked up. Over time, the WRNF incorporated BLM lands in their respective areas as directed other reserves to reach its current size of through each area’s Resource Management approximately 2,270,000 acres across several Plan. Colorado Counties. The forest includes ski areas as well as approximately 750,000 acres of As the manager of more land (245 million surface wilderness, including a portion of the Flat Tops acres or one-tenth of America’s land base) and Wilderness Area (initially designated as the more subsurface mineral estate (700 million Flat Tops Primitive Area in 1932), located in acres) than any other government agency, the the Northeast corner of Garfield County. The BLM carries out a dual mandate under FLPMA: economic drivers in portions of the forest have that of managing public land for multiple shifted over time from consumptive uses (e.g., uses (such as energy development, livestock grazing and timber harvests) to recreational. grazing, mining, timber harvesting, and outdoor recreation) while conserving natural, historical, By 1960, pubic land management became and cultural resources (such as wilderness areas, more refined and understood, and the American wild horse and wildlife habitat, artifacts, and public was using its lands in new ways not dinosaur fossils). The BLM’s responsibility is to envisioned by its founders. The passage of the administer public lands on the basis of multiple Multiple Use and Sustained Yield Act of 1960 use and sustained yield of resources. directed the Forest Service to manage public lands for timber, range, water, recreation and wildlife marking the first time that all those uses were equal under the law. The National Forest Management Act (NFMA) was enacted in 1976 which carried forward the multiple use and sustain yield management principles.

page | 8 VI. Benefits and Burdens Some of the benefits of having public of Public Lands lands within Garfield County are: Public lands can offer both benefits and burdens 1. They provide a place for all Americans — to the American public. In the west, however, not just the wealthy few — to recreate. where public lands dominate the land base, the balance can be difficult to achieve. 2. They are part of our national heritage Coordination of Garfield County’s plans and including national parks and monuments. needs by the federal land management agencies must occur to reduce the burden and 3. They create economic development increase the benefits of supporting public lands and jobs. within the County. 4. They help provide natural resources, clean “In implementing this directive, the air and clean water. Secretaries of these agencies shall keep apprised of local land use plans; assure that As to the burdens, FLPMA Section 1701 (a)(13) consideration is given to those local plans recognizes it imposes a liability on local and state that are germane in the governments charged to provide fire protection, development of land use plans for public public education, public safety, road and bridge lands; assist in resolving, to the extent infrastructure, and health and human services practical, inconsistencies between Federal across the public lands; yet, as a result of the and non-Federal Government plans, immunity of federal lands from paying local and and shall provide for meaningful public state taxes, they create a financial burden on involvement of local government officials, state and local governments. This vast federal both elected and appointed, in the ownership of public lands primarily in the west development of land use programs, land is an anomaly in the American System of free use regulations, and land use decisions for markets, free enterprise, capitalism and a public lands, including early public notice decentralized governmental authority. of proposed decisions which may have a significant impact on non-Federal lands. Land VII. Fundamental Principles of the Plan use plans of the Secretary shall be consistent with local plans to the maximum extent he Fundamentally, Garfield County’s policies finds consistent with Federal law.” regarding the use of our federal lands are (43 USC 1712(c)(9)) aligned with the provisions made in the Federal Land Policy and Management Act of 1976 and the National Forest Management Act of 1976. These Acts require federal agencies to coordinate the land use inventory, planning, and management activities for such lands with the land use planning and management programs of local governments within which the lands are located. Equally important, Garfield County’s policies support the guiding principles of multiple use and sustained yield. Additionally, private rights exist on the public lands, and these must be recognized during the planning and management activities. Private individuals hold a possessory interest on federal land in the form of water rights, grazing rights, easements, mineral rights, development rights, oil and gas rights, geothermal and solar rights as well as recreation and outfitter rights, etc. All efforts must be made so as not to infringe on these critical rights.

page| 9 These core principles of this plan are managed in a manner which recognizes defined as the following: the Nation’s need for domestic sources of minerals, food, timber, and fiber from the A. Multiple Use public lands including implementation of The management of the public lands and the Mining and Minerals Policy Act of 1970 their various resource values so that they as it pertains to the public lands. (43 USC are utilized in the combination that will 1701(a)(12)) best meet the present and future needs of the American people; making the most D. Coordination judicious use of the land for some or all of The process of harmonizing Federal, state these resources or related services over and local plans to achieve consistent areas large enough to provide sufficient application of policies across multiple latitude for periodic adjustments in use jurisdictions. Federal law requires the to conform to changing needs and federal land management agencies conditions; the use of some land for less work to make their policies consistent than all of the resources; a combination of with local plans and policies to minimize balanced and diverse resource uses that conflicts and support economic growth. takes into account the long-term needs Coordination is a distinct process involving of future generations for renewable and those governing jurisdictions that have non-renewable resources, including, but planning responsibilities and often taxing not limited to, recreation, range, timber, authority and is a continuous process. (See minerals, watershed, wildlife and fish, and Appendices 1 - 4) for more guidance.) natural scenic, scientific and historical values; and harmonious and coordinated E. Cooperating Agency management of the various resources During the development of an without permanent impairment of the Environmental Impact Statement (EIS) productivity of the land and the quality of under The National Environmental Policy the environment with consideration being Act (NEPA), and Council on Environmental given to the relative values of the resources Quality regulations (CEQ Regs), State, local and not necessarily to the combination of and tribal governments can be invited to uses that will give the greatest economic participate with federal and state agencies, return or the greatest unit output. (43 USC in the preparation of the impact analysis as 1702(c)) a “Cooperating Agency.” The development of the analysis can be for major federal B. Sustained Yield actions such as the revision of a natural The achievement and maintenance in resource plan that will determine future perpetuity of a high-level annual or regular management activities on the federal periodic output of the various renewable lands. Although “Cooperating Agency resources of the public lands consistent with Status” was originally reserved for agencies, multiple use. (43 USC 1702(h)) local governments have been allowed to participate in this process in recent years C. Public Land Management and contribute their respective areas of The public lands shall be managed in a responsibility, authority and expertise to manner that will protect the quality of the analysis. It is vital to the County that scientific, scenic, historical, ecological, it be allowed to participate in all NEPA environmental, air and atmospheric, processes to help insure a robust and water resource, and archeological complete analysis is prepared that includes values; that, where appropriate, the County’s needs, policies and data. will preserve and protect (Refer to Appendix 2: BLM “A desk guide to certain public lands in their natural Cooperating Agency Relationships”) condition; that will provide food F. Collaboration and habitat for The collaborative process is a beneficial fish and wildlife way to bring agencies, State and local and domestic governments, private stakeholders and animals; and special interest groups together to work that will provide towards developing common goals that for outdoor can help shape the management of the recreation and public lands. Although the outcome of human occupancy the collaborative process is not binding on and use. (43 USC federal, state or local governments, the 1701(a)(8)) Public objectives, goals and suggested strategies lands shall be should be considered during the various planning processes.

page | 10 VIII. Land Management Policies Policy Statements The following section of the Plan provides the 1) Public lands must be managed in a manner County’s policies regarding a multitude of that recognizes the Nation’s need for a areas of interest specifically related to land domestic source of minerals, food, timber, management on federal lands located with and fiber (consistent with Section 102(a) Garfield County. (12) of 43 U.S.C. 1701 commonly, the Federal Land Policy and Management Act of 1976) A. Forest / Timber Management along with other critical uses including the The Forest and Timber resources in Garfield recreation economy, wildlife habitat and County should be managed according to ecosystem health and services, and the the principles of multiple-use and sustained health of local communities. yield as defined in the Multiple-Use, Sustained Yield Act of 1960 (16 USC 531). They should 2) The reduction of fuels through silviculture be administered for outdoor recreation, and livestock grazing is necessary. Proactive range, timber, watershed, and wildlife and fish management practices such as selective purposes. National Forests, such as the White timber harvest and thinning, livestock grazing, River National Forest (WRNF) in the Eastern and prescribed burns on federal lands will portion of Garfield County, were set aside for encourage ecosystems with varied age the purpose of improving and protecting the classes and successional states that support forest, securing favorable conditions of water a variety of species and uses (including flows, and furnishing a continuous supply of watershed wildlife habitat improvements) and timber for the use and necessities of the citizens decrease the risk of catastrophic wildland (16 USC 475). fires and disease. Productive forests depend on a sensitive 3) Long-term (i.e., 20-year) timber harvest, balance of addressing problems such as based on local market value, are important pest infestation and fire outbreaks with forest to allow private industry to take the goals such as continued livestock grazing, financial risk and make an investment in timber production, recreational use, and the infrastructure necessary to maintain forest productivity. High levels of biomass (fuel the timber industry and forest health in the loads) are a primary concern in today’s forests County. Increasing timber production should as these accumulations of live and dead be an objective of, and purpose for, forest vegetation can contribute to pest problems policies to improve the economic viability and encourage epidemics of insects and of logging in the County and improve diseases, reduce native biological diversity, forest condition. Timber production and provide fuel for fires that can grow to epic should be considered with other proportions with a constant fuel source. Biomass values and resources on reduction is an important step necessary to public lands. ensure the long-term productivity of a forest as well as the safety of its neighbors. 4) Insect outbreaks should be given the same level of Historically, logging was an important attention and resources as economic contributor during the settlement other forest emergencies, of the western states, and it continues to with an aggressive and be an important economic engine for local immediate response that communities. Additionally, the harvesting of will protect communities timber from the national forests has the added from the impacts of benefit of being an effective management ourbreaks. Forest insect tool that can reduce fuel loads and thin areas management should to deter pest infections. Currently, the Rocky prioritize areas directly Mountain Region is experiencing and epidemic adjacent to communities infestation of the Mountain Pine and Spruce and include all methods Beetle, and the WRNF is one of the primary necessary to reduce forests impacted by this infestation. Increasing or prevent insect the use of timber harvest practices would help infestations, e.g., the local economy while also improve forest salvage and conditions. sanitation cutting, spraying, biological The main forest cover types in the WRNF are control, prescribed aspen, Douglas fir, and Engelmann spruce- burning, etc. for the subalpine fir. Lodgepole pine and small pockets purpose of preventing of ponderosa pine also exist in the WRNF. the next epidemic Approximately one-half the forested land on of widespread tree the WRNF is classified at a “mature” structural mortality. stage. The USFS estimates a large portion of the forest was regenerated between 100 and 130 years ago.

page | 11 5) Wildland fire use and prescribed burns on B. Wildland Fire public lands should be utilized as appropriate Wildland fires can have a devastating effect on to improve the condition of the public lands. communities and landscapes. Management of rangelands and forests, as well as the 6) Good Neighbor Agreements should be used development of communities and businesses, where appropriate, combining the resources should include consideration of short-term and of the federal, state and local agencies, to long-term efforts to prevent the conditions that implement authorized forest, rangeland, would encourage wildland fires. Additionally, it and watershed restoration services across is essential that all landowners within the county land ownership boundaries onto National and federal, state and local agencies establish Forest System lands. fire management plans and protocols that work together to ensure an effective response 7) Within the WRNF are private lands that protects life and property, while promptly that are directly and indirectly suppressing wildland fires. impacted by the management of the national forest. The uses The Garfield County Community Wildfire of these lands may not always Protection Plan (CWPP) was developed in agree with the management accordance with the guidelines set forth by goals of the National Forest, the Healthy Forests Restoration Act (2003) and nevertheless, these uses should the Colorado State Forest Service’s Minimum be respected and the rights Standards for Community Wildfire Protection of these landowners should Plans (2009). This plan was collaboratively not be diminished. developed through planning meetings with representatives from the fire protection districts, Where possible, the federal federal agencies, state agencies, county government agencies agencies, communities, and other organizations. should support opportunities It identifies and prioritizes areas for vegetation- for private landowners fuels reduction treatments to reduce the wildfire to work with the federal threat to human welfare, and economic and ecological values at risk in the county. It also agencies to create recommends measures to reduce the ignitability defensible space and of structures and provides recommendations on improve the condition of ways to improve wildfire response capabilities for wildlife habitat and the the fire protection districts. forest ecosystem. Pursuant to the 2016 Colorado Statewide Wildland Fire Management Annual Operating Plan, Garfield County authorizes an Annual Operating Plan with the Colorado Division

page | 12 of Fire Prevention and Control, the United 5) Insect outbreaks should be given the same States Forest Service and the Bureau of Land level of attention and resources as other Management to coordinate wildfire protection forest emergencies, with an aggressive activities. This Mutual Aid Agreement sets forth and immediate response that will prevent the responsibilities of each of the parties when infestation into other areas. Forest insect a wildfire occurs on federal, state and private management should include all methods to lands. The Sheriff of Garfield County is the fire reduce or prevent insect infestations, e.g., warden for the County and is joined in the salvage and sanitation cutting, spraying, agreement by the local Fire Protection Districts biological control, prescribed burning, etc. for within the County who are the first responders to the purpose of preventing the next epidemic wildfire incidents. of widespread tree mortality. Policy Statements 6) Wildland fire use and prescribed burns on rangelands should be utilized as appropriate 1) Implement the strategies, priorities, and to improve the condition of the national forest. recommendations in the Garfield County Community Wildfire Protection Plan and any 7) Managed livestock grazing is an appropriate subsequent plan updates. management tool for revegetation and fuels reduction. Livestock grazing should 2) All management tools including (but not be returned to pre-fire levels when post- limited to) livestock grazing, chemical, and fire monitoring data shows objectives have other mechanical controls should be used in been met or have been achieved to the the management of non-native and noxious extent allowed by the site potential. Vacant weeds, including cheatgrass, after wildland grazing allotments should be assigned to fire events. permittees affected by fire as quickly as possible to minimize the economic disruption 3) The reduction of fuels through silviculture to permittees. and livestock grazing is necessary. Proactive management practices such as selective 8) Adaptive management practices for grazing timber harvest and thinning, livestock grazing, should be developed and included in term and prescribed burns on federal lands will permits to allow for flexible management encourage ecosystems with varied age practices that will decrease fuel loads on classes and successional states that support the landscape, particularly in areas with a variety of species and uses (including cheatgrass infestations or heavy grass watershed and improved wildlife habitat), and understory. decrease the risk of catastrophic wildland fires and disease. 9) Pinon-juniper infestations should be removed to decrease wildfire potential and improve 4) Timber harvests should be in compliance upland habitat conditions. with the forest plan update to improve forest health and the economic viability of logging 10) Post-fire monitoring should be completed as in the County. Long-term (i.e., 20-year) timber soon as allowed by the fire closure decision to harvest leases, based on local market value, determine if reseeding objectives have been are important to allow private industry to take met. If objectives have not been met, the financial risk and make an investment in complete a determination regarding the the infrastructure necessary to maintain the likelihood of the objectives being met without timber industry and forest health in the County. additional resources and continued closure.

page| 13 C. Range Management during which time the agencies completed livestock forage inventories to establish The history of domestic livestock grazing in estimated grazing capacity. Garfield County goes back almost 150 years. Livestock production has been a critical Policy Statements component of the economy and lifestyle of the County. Shepherds and ranchers 1) Rangeland vegetation composition and/ began grazing in the area during the late or structure, ground cover, and wildlife habitat 1880’s and continue to this day. Ranching should be monitored using consistent protocols operations are primarily passed down through that provide quantitative measurements of the generations, creating a core part of the changes over time. Implementation of well- community that is born and raised in the area designed livestock grazing management plans and continuing to live out their productive lives should be informed by the monitoring data in Garfield County. They provide an institutional and allow for adaptive management on all knowledge about the community, landscape, public land allotments. climate and seasons. They also provide economic stability to the County, as domestic 2) Adaptive grazing programs should be used livestock operators generally purchase most of that allow permittees to respond to changes their goods and services from local businesses. in forage availability. Adaptive management consists of planning, implementation, A large portion of the land in Garfield County monitoring and evaluation designed to allow is uniquely suited for domestic livestock grazing flexibility in management in response to as it is open, sparse and full of native plants changing conditions or objectives. It is based that are difficult for other animals to digest. As on the application of science, professional a result, livestock grazing, properly managed, expertise, and monitoring of results on the can help reduce wildfire incidents by removing ground to allow for management adjustments forage that would otherwise be fuel. The as needed to reach objectives. creation of additional water sources through water wells, pipelines and troughs in dry areas 3) Site-specific objectives for livestock, wildlife, support wildlife, and increase the diversity of and other resource uses and values should these species. Also, ranchers regularly monitor be based on Ecological Site Descriptions the landscape, and as a result, are the most (ESDs) and soil surveys. Where ESDs and/or informed about current management needs. soil surveys are lacking or needing revision, Permitted grazing on public lands is a critical site-specific monitoring data should be used. piece of livestock operations in Garfield The Forest Service, BLM, and Natural Resource County. The intermingled BLM, USFS and Conservation Service should place a high private lands allows ranching to continue in priority on completion and improvement the County. The low percentage of private of soil surveys and ESDs which can be used lands in the County means that access to on all lands within the County regardless of public lands is critical to maintain the ranching ownership. community and the agricultural sector of the County. 4) County officials and grazing permittee’s should be involved in the BLM Colorado Standards The Current authorized grazing levels were & Guidelines Assessments for Rangeland established in the early 1900s on National Health. The assessment of the grazing Forests and from 1940 to 1965 on BLM lands, allotments under these standards is a one point in time qualitative conclusion, based

page | 14 on professional judgment and site-specific 11) The timely processing of all term grazing reference materials. The assessment should permits, renewals, and activities proposed be conducted by locally experienced by the permittee, are necessary to facilitate professionals, preferably by an interdisciplinary proper management of the grazing habitat. team, and based on documented reference materials specific to the ecological sites or 12) AUMs on federal lands should not be reduced riparian types under consideration. Grazing unless a documented resource condition permittees and County representatives should indicates a need for temporary reduction to be invited to participate in the assessments, improve condition. including site visits. 13) Categorical Exclusions for term permit 5) The assessment of rangeland health for a renewals should be used when grazing allotments under the Standards and Guidelines is usually done at selected locations (1) renewal of the permit is under substantially and rarely considers the condition of every the same terms and conditions as the acre of the allotment. Therefore, if some areas existing permit, on an allotment are found to not meet the standards, the assessment should not report (2) monitoring shows that the allotment is at or that this applies to the entire allotment. A more making substantial progress toward thorough assessment should be completed meeting rangeland and riparian health that considers the entire allotment. standards and 6) Land management agencies should work with (3) no extraordinary circumstances exist such permittees to identify and prioritize where as conflicting threatened or endangered range improvement funds should be species management, special status expended based on allotment category and lands, etc. need. Installation of wildlife-friendly range improvements (e.g., wildlife-friendly fence, bird 14) Permanent retirement of any grazing ramps in tanks) are an important component allotment is generally unacceptable. Any of range improvements. closure or retirement of an allotment should be coordinated with Garfield County and 7) Range improvements, such as fences, water include a consideration of the economic developments, trails, roads, cattleguards, impacts and custom and culture of the corrals and other facilities designed to allow local area. good grazing management, i.e. control of the timing, intensity and distribution of 15) Animal Unit Months (AUM’s) in suspended grazing by livestock, should be kept functional use should be analyzed and reinstated when and maintained in a timely manner by the resource conditions are at appropriate levels. responsible party whether it be the grazing If improvements are necessary to support permittee or the land management agency. reinstatement of AUMs, such improvements Gates left open can interfere with control should be analyzed as expeditiously of livestock grazing and result in expense to as possible. permittees as well as possible conflict with other range users; therefore, a priority should 16) Vacant allotments should be analyzed, and be placed on installation of cattleguards on if they meet assessment standards, be made higher volume roads, and on designating available for domestic livestock grazing. some roads as administrative only (i.e. used by permittees and agency personnel). 17) Vacant grazing allotments should be assigned to permittees affected by fire or 8) Additional rangeland improvements, such as other resource concerns not related to creating water impoundments near roads management, as quickly as possible, to and drill pads to catch water, should be minimize the economic disruption developed when activity is occurring in the to permittees. area to minimize disturbance to the landscape and maximize resources. 18) Any changes in season of use or class of livestock for the purpose of improving 9) A programmatic Categorical Exclusion for rangeland health and wildlife habitat range improvements should be developed quality should occur in consultation with the under the National Environmental Policy Act permittee. (NEPA) process, to allow improvements to be installed in a timely manner. 19) Permits for temporary actions such as hauling water should be completed as 10) Water rights are adjudicated by the state. quickly as possible to address the resource Landowners/permit holders should not be concerns necessitating the action. required to transfer water rights to the federal agency as a condition for authorization of 20) Livestock grazing should be returned to range improvements on public lands. pre-fire levels when post-fire monitoring data shows objectives have been met or have been achieved to the extent allowed by the site potential.

page| 15 21) Adaptive management practices for The Colorado Noxious Weed Act defines grazing should be developed and included in a noxious weed as an alien plant or parts of term permits to allow for flexible management an alien plant that have been designated by practices that will decrease fuel loads on rule as being noxious or has been declared a the landscape, particularly in areas with noxious weed by a local advisory board. cheatgrass infestations or heavy grass The Garfield County Noxious Weed Management understory. Plan (WMP) addresses the following primary concerns: 22) Changes in class of livestock and permit i. The health of our environment is a high priority transfers should be completed without for residents of Garfield County. The health reductions in AUMs and in a timely manner. and productivity of natural plant communities and agricultural lands is threatened by the 23) Reductions of domestic livestock grazing introduction of numerous invasive alien AUMs shall not occur in order to provide plants. Without an effective integrated weed additional forage for another species that is management plan these aggressive plants over its biological objective (e.g., wild horses will continue to infest and degrade the lands over AML). we value so highly. ii. Rapid expansion of noxious weeds is an 24) Riparian areas are those where perennial obstacle to maintaining healthy ecosystems water supply occurs (streams, springs, wet and restoring disturbed native plant meadows) and which, consequently, support communities and habitats. Because noxious different vegetation from the surrounding weeds tend to be highly invasive and harmful uplands. They provide important habitat for to native vegetation, they can quickly wildlife and fish as well as water, shade and dominate many sites and often forage for grazing animals. Uncontrolled cause permanent grazing may result in damage to vegetation damage to plant and water quality due to repeated heavy communities. grazing and trampling of stream banks. Estimates indicate Controlled livestock grazing has been that 100 million acres demonstrated to be compatible with of private, state, maintenance of desirable vegetation, bank and federal land are protection, and water quality. Unless it is infested with noxious feasible to fence out riparian pastures which weeds in just 11 can be managed separately, other means western states. of reducing impact on riparian areas should be used where appropriate. These include: This is (a) shortening the grazing period by pasture occurring rotation or periodically resting pastures in both containing riparian areas, (b) grazing when disturbed livestock are less attracted to riparian areas and relatively (cooler weather or when uplands are green), undisturbed (c) measures to draw livestock away from areas. riparian areas (water, supplements, herding). iii. The intent of the 25) The environmental values of riparian areas Colorado Noxious Weed can be sustained by properly managed and Act and the goal of the controlled livestock grazing. However, other Garfield County Weed large herbivores (elk, deer, feral horses) are Advisory Board is to curb also attracted to these areas and have similar the degradation of our impacts on vegetation and water quality. valued environment These animals may impact riparian areas throughout the entire season or year due to lack of control of timing or intensity of grazing. Numbers of wild and feral grazers must be controlled and measures taken to reduced impact on riparian areas. Livestock permittees should not be penalized for the impact of uncontrolled wild or feral animals. D. Noxious Weeds & Invasive Species Pursuant to the Federal Noxious Weed Act, federal agencies have the authority and responsibility to manage undesirable plants and noxious weeds on federal and public lands. Each federal agency has a designated weed specialist and weed control program.

page | 16 by implementing an Integrated Weed should be a coordinated effort between Management Plan designed to stop the private landowners, the state and local spread of noxious weeds. governments, and federal agencies, as appropriate, to work together and control iv. Management of weeds may seem noxious weeds in these areas. overwhelming, but through developing partnerships at all levels – local, regional 8) Brush treatments and reseedings should be and national – we hope to achieve our implemented on selected sites where such weed management goals. The challenge treatments would improve the rangeland. for all involved is to develop management The most effective and economical systems, support and direction for the treatments, including controlled burning, prevention of the spread of weeds before should be used on a case by case basis, the situation becomes even more serious as well as the use of non-native species for and economically unfeasible. reseeding when they offer the best chance of success or lower costs. The long-term The purpose of the Plan is to provide guidelines benefits to achieving the overall goals for for managing designated noxious weeds which the landscape should be weighed against represent a threat to the continued economic, possible short-term negative effects of the environmental and agricultural value of lands treatments. In most cases these treatments in Garfield County. This plan provides for the need to be maintained to prevent a implementation of the Colorado Noxious Weed reinvasion of shrubs to undesirable levels. Act by detailing integrated management options for designated noxious weeds. Options 9) Garfield County’s vegetation management include education, preventive measures, good program and the implementation of all stewardship, and control techniques. federal, state, and local noxious weed laws and enforcement efforts should be The intent is to incorporate those options that coordinated for the purpose of decreasing are the least environmentally damaging and weed infestations. are practical, timely and economically feasible. It is the responsibility of all landowners to use 10) The goals and objectives of the County integrated methods to manage noxious weeds, WMP were developed for the unique and the responsibility of local governing bodies landscape in Garfield County, and to ensure that these plants are managed on provide useful guidance for integrated public and private lands. weed management. The WMP should be considered and incorporated, as Policy Statements appropriate, into other weed control programs in the County. 1) Local, state, and federal governments should be funded at appropriate levels for proper 11) The noxious weeds present in Garfield weed management on all lands in the County that have been prioritized for control County. Traditionally, federal funding has or elimination by the State and County weed failed to support the proper treatment of management plans, and are identified on noxious weeds, jeopardizing the quality of the Colorado Noxious Weed List, should be habitat in Garfield County. given the highest priority for weed control management efforts. 2) The BLM, USFS, and State agencies should meet the weed management requirements 12) Monitoring efforts should be ongoing to of existing agreements, including the County accurately identify the extent of noxious Weed Management Plan. weed infestations and dispersal mechanisms where possible. 3) Science based standardized methods and strategies should be used in noxious weeds 13) Monitoring efforts and programs should be monitoring and treatments. developed to prevent aquatic nuisance species (e.g., zebra mussels, quagga 4) Good land stewardship practices for mussels) and other invasive water species to agencies and land users are essential. be established in Garfield County. 5) Prioritize restoration and rehabilitation to 14) Educational programs and public notices on reverse or minimize adverse ecosystem activities that spread noxious weeds should effects caused by invasive species. be made available to public land users. Recreation sites, trailheads, campgrounds, 6) Collaborative external partnerships are and public facilities provide a good important; however, these partnerships shall opportunity to use educational signage to not be a substitute for strong, internal weed inform users of how they can help prevent the management programs by federal agencies. spread of invasive weeds. 7) Effective weed management practices 15) Early detection of new invasive species are necessary in grazing allotments currently threats, and the early implementation of impacted by noxious weeds especially in areas where adjacent private landowners are also proactively managing weeds. There

page| 17 policies to control these threats, is essential work by the U.S. Geological Survey (USGS). to preventing the spread of invasive plants. Weedy grasses, in addition to cheatgrass, Oil shale is a sedimentary rock containing an have rapidly moved into the Intermountain organic material called kerogen that when West and are often overlooked by land heated produces liquid shale oil and natural managers. Cheatgrass, specifically, is a gas. Recently the names ‘oil shale’ and ‘shale fire hazard if not properly controlled. All oil’ have become confused with liquid oil management tools should be considered and produced from shale deposits in Texas and used as appropriate to control the spread North Dakota, and elsewhere in the nation, of cheatgrass, including livestock grazing, employing directional drilling and fracturing spraying and removal. (fracking). E. Energy Resources Historically, processing of oil shale has been OIL SHALE via ‘ex situ’ techniques: mining the rock and processing it in a surface retorting facility that Vast oil shale resources owned two thirds produces oil and gas and a waste material by the BLM are located in Garfield and called spent shale that requires disposal on neighboring Rio Blanco County. The Piceance the surface or return to an underground basin in Northwest Colorado contains an mine. More recently ‘in situ’ processing estimated 80 percent of the 1.5 trillion barrels has been tested using conventional oil of recoverable shale oil resource in the states and gas technologies for heating the rock of Utah, Wyoming and Colorado based upon underground. To date no commercial projects have been operated in Garfield County although the area has seen a number of periodic attempts beginning shortly after WWI and ending in the late 20th Century with the Colony and Unocal projects. The cost of oil shale processing is currently more expensive than producing conventional oil and gas, so the future of an industry is uncertain. The BLM does not lease oil shale as it does oil & gas, coal, uranium and other minerals. Oil shale was originally a placer claimable mineral resulting in private ownership of deposits near the surface. In 1920 it became a leasable mineral and subsequently was never offered for commercial leasing by the Federal Government.

page | 18 OIL AND GAS Garfield County has been explored for natural resources for more than 100 years and was settled in part due to the extraction boom of the late 1800’s and early 1900’s. Energy development and natural resource extraction continues to be a principal industry in Garfield County, and Oil and gas wells can be commonly seen throughout Garfield County. Currently, Garfield County is the second largest producer of natural gas in the State with over 11,000 active gas wells and the mid-stream infrastructure to deliver natural gas to the market. The United States Department of the Interior’s Geologic Survey released a report in June, 2016 that now estimates that the Piceance Basin (located in Garfield County) contains 66 trillion cubic feet of shale natural gas, 74 million barrels of shale oil, and 45 million barrels of natural gas liquids that are undiscovered and technically recoverable resources in the Mancos Shale. This would conservatively place this basin as the second largest producible shale basin in North America.

page| 19 COAL the potential to be developed using Enhanced Geothermal Systems technology (EGS) through Five coal fields are found in Garfield County. The engineered hydrothermal reservoirs made largest field, the Piceance, is overlain with 2,000 by drilling and fracturing. The eastern third of to 7,500 feet of overburden. Historically, mining the County is the most favorable area for EGS was conducted at fields along the margin of development. (NREL 2009a) the basin. Since 1888, eight million short tons The geothermal gradient across the County were extracted from Garfield County coal fields ranges from a low of 30-40°C/km to a high of 70- McClane Canyon mine, located in a Bureau 80°C/km. Areas around Glenwood Springs have of Land Management (BLM) coal lease area, is existing hors prongs and is most favorable for the last active coal mine in the County, but has discovery and development of low-temperature been idle since Xcel Energy’s Cameo Power (below 90°C) geothermal resources. The area Generation Station was decommissioned in 2011, between Carbondale and Glenwood Springs has (BLM 2012). moderate potential for conventional moderate- to high-temperature geothermal development. The US Geological Survey estimates that (NREL 2009a) 34,200 million short tons of coal are technically recoverable for the Piceance Basin in areas HYDROELECTRIC where overburden is less than 6,000 feet. These Hydroelectricity is generated from the are along the basin margin. However, areas with gravitational force of falling or flowing water. the thickest depths may not be economically Water flows through a penstock into a turbine, feasible to mine given the present technology where it powers a hydroelectric generator that and economic demand. (USGS 2005) converts mechanical energy into electricity. In the County, hydroelectric power is produced SOLAR at the Shoshone Hydroelectric Dam, the Zilm Project, and at two small generation sites in Areas of high potential for solar energy are Parachute. available across the County, however, the two There are several scattered dams in central, largest areas are in the valley between Silt, Rifle, eastern, and northeastern Garfield County, and Parachute, and in the Carbondale area. including twenty on US Forest Service-managed There is also a concentrated area of high solar lands. There are eight dams in the western part potential in Glenwood Springs. These lands are of the County. The potential for hydroelectric primarily private and adjacent to BLM managed generation is widespread across the County. lands. Power generation is the highest along the Colorado River and in the northeast corner of the Locally, small scale photovoltaic arrays County, but low power and micro-hydro sites are are common because of their smaller found throughout the County. footprint. The energy generated by these systems can be used directly or fed into the grid through net metering. In 2012, 62 photovoltaic systems contributed 4.3 MW of energy to Holy Cross Energy’s net metering program. Garfield Clean Energy estimates that an additional 7.6 MW of photovoltaic panels could be installed on public rooftops in the County. The Environmental Protection Agency (EPA) Re-Power Project identifies the County’s landfill as potential sites for solar photovoltaic generation. (EPA 2013a) GEOTHERMAL Geothermal energy is heat derived from the earth. Heat is produced deep within the earth through a number of processes including volcanic or radioactive decay. Heat flow in the County increases in a northwest to southeasterly direction, the highest geothermal gradients are found around Glenwood Springs and in the far western portion of the County. Geothermal springs and wells, found at the earth’s surface or at shallow depths, are used for recreation and health purposes. Deep subterranean geothermal resources, found at the bottom of non-producing gas wells, hold

page | 20 Policy Statements 6) The cancellation or withdrawal of existing lease rights significantly impacts the economic 1) All renewable and non-renewable energy stability of Garfield County and should only sources that exist in the County, including oil occur in extreme circumstances. In the event and gas, oil shale, coal, solar, geothermal, and the federal government cancels a lease, the hydroelectric, shall be open to responsible lease holder shall be compensated for the full development. value of the lease. 2) All federal lands that have reasonable mineral 7) The extraction of energy resources shall be potential shall be open to leasing, exploration, carried out using science-based reclamation research, and development with stipulations practices and responsible land stewardship. and conditions that will protect the Appropriate reclamation of all surface environment and resource values. New or resource disturbances should occur as soon expansions of existing mineral leases within as feasible after impacts have been created. urban growth boundaries authorized by the “As soon as feasible” means restoring at the BLM shall be coordinated with the County to time and season that the restoration methods protect the health, safety and welfare of the being used are most likely to succeed and are citizens. appropriate for the site. 3) Federal lands should be open for the 8) The analysis of all fiscal and socioeconomic development of solar arrays and micro-hydro impacts to Garfield County from any proposed projects on reservoirs and ditches. land management changes to natural- resource related plans or mineral leases should 4) Energy resource regulations should be be conducted and coordinated with the streamlined to decrease overlap and County prior to the action. contradictions between various permitting agencies. 9) The BLM and/or USFS should host economic strategy workshops for the development of all 5) Valid existing lease rights to energy resources, new management plans (or plan amendments and the intent of the original lease terms and revisions) focused on regional economic should be upheld without modification conditions, trends, and strategies, and to or cancellation by federal agencies. The provide an opportunity for local government development and use of the lease rights officials, community leaders, and other citizens shall not be encumbered by overly restrictive to contribute their expertise. conditions that would render the lease undeveloped. 10) The design and construction all new roads shall be done according to

page| 21 the appropriate safety standards, “no higher Tourism has long been a staple of the Garfield than necessary,” to accommodate their County economy, including the hot springs intended use. This should be coordinated with attractions in Glenwood Springs; outdoor the County to ensure among other concerns recreation; overnight accommodations that road placement and maintenance will associated with I-70; and a strong hunting reduce soil erosion. and fishing services industry. In recent years, the tourism/second home industry in nearby 11) Best available technologies and best Pitkin and Eagle counties stimulated significant management practices in energy construction, services employment, and development shall be used to reduce pollution residential housing development in Garfield impacts during all stages of activity, with the County, particularly in the Carbondale and appropriate economic analysis to ensure Glenwood Springs area. Over the past decade, economic viability. increasing numbers of retirees have relocated to the area for its relatively mild climate, high F. Socio-economic & Economic Viability quality of life, world-class health care, recreation opportunities, and expansive open space. Today, the foundations of Garfield County’s Though there are similarities between cities and economy remain very similar to the economic towns when it comes to economic activity and a foundations that shaped this area well over community’s economic development approach, 100 years ago: natural resource development, each municipality also has its differences. agriculture, regional services, and tourism. The county is notable for its concentration of Policy Statements population and development in the area’s two major river valleys, and the counter-balancing 1) Consultation and coordination with the of large expanses of public lands, and lightly County is required at the earliest time possible for populated arid plateaus in the remainder of the any planning and proposed action, change of county. existing activities, newly permitted activities, or changes in regulations that may affect the Garfield County, particularly the area between economic basis of the County. Rifle and Parachute, has many producing natural gas wells and large shale gas deposits. Emerging natural gas production technologies, coupled with rising gas prices, produced a notable energy boom between 2002 and 2009, and natural gas production continues to be a major contributor of the Garfield County economy.

page | 22 2) Consultation andcoordination with the G. Travel Management, Access & Rights-of-Way County is necessary to determine the full scope of potential social and economic Garfield County supports maintaining and effects of activities proposed on public lands. enhancing public access to public lands and opposes road closures, road decommissioning, 3) In order to maintain economically viable moratoria against road building and other communities in the County, the principles of limiting policies and practices without multiple use and sustained yield shall direct coordinating with the County and reaching the management of activities on public consistency with county land use plans and lands, including access to natural resources management policies. development. Access to public lands has always been critical 4) Subject area experts should complete to the economy of Garfield County. Sixty-three socioeconomic analyses for proposed percent (over 2,000 sq. miles) of the County projects; the experts should be familiar with is in federal ownership. In order to continue and focus on the County’s unique history, the multiple-uses of these lands as required by culture, economy and resources. Analyses federal law, open access to the land, water, will include a description of existing social, and natural resources is essential. Ranchers rely demographic and economic conditions; on everything from established roads to game the analytical methodologies used; and the trails to access water tanks, salting locations, impacts to topics including (but not limited fences, and forage. Hunters and outdoorsmen to) population, employment, income levels, rely on access to hunt areas. industry activity, housing, community services, utility services, schools, fiscal impacts to the The County depends on access to public County, local jurisdictions, specials districts, lands for social, recreation, public safety and public revenues and expenses, transportation, economic pursuits and relies on the system and quality of life. of roads and rights-of-way across federal lands established under the federal R.S. 2477 5) The analysis of social and economic factors provision, which states in whole, “the right- should consider at the lowest possible level, of-way for the construction of highways over such as on a county-wide basis in addition public lands, not reserved for public uses, is to consideration of a state-wide or national hereby granted.” Federal Land Management scale. Agencies do not have authority to make binding administrative determinations for R.S. 6) There shall be a “no net loss” in County 2477 rights-of-way. economic base due to federal agency decisions. Garfield County, local jurisdictions Policy Statements and special districts should be included in all discussions regarding mitigation if necessary to 1) All actions designed to change or diminish the protect the economic base of the County. scope of R.S. 2477 rights-of-ways or any other access route, shall not occur without proper 7) The historic right to access federal lands in coordination with the County. the pursuit of mining, oil and gas development, ranching, farming, logging, recreational 2) All roads, trails and access routes identified activities, motorized vehicle use, hunting, on historical maps and through historical other historic uses, and those roads used by records that predate the withdrawal of the emergency medical and/or law enforcement federal lands from the public domain, shall services in the protection of residents and be recognized as R.S. 2477 rights-of-ways visitors, shall continue. These activities are and shall remain open and maintained as critical to the economic viability of Garfield necessary, unless closure of the access route County. is required to protect the health, safety and welfare of the people. (See Garfield County Public Land Access Historical Routes https:// garfield-county.com/public-lands-access/ historic-routes.aspx). All R.S. 2477 rights-of-ways shall be identified as such in inventories conducted by federal agencies and recognized as open to the public in federal travel management plans. 3) All County roads and public rights-of-way on public lands shall be accurately identified on federal maps and shall

page| 23 not be restricted or eliminated. These access H. Land Acquisition & Disposal rights are necessary to protect the County’s resources and to protect the public health, Land exchanges with the BLM and USFS, and safety and welfare (e.g., search and rescue, disposals of federal land to private, State and fire protection, resource conservation, law local entities help to facilitate the needs of enforcement, emergency medical services). expanding communities and industries within the County. Strategic acquisitions and disposals can 4) Garfield County’s OHV Ordinance help ensure growth areas are well managed, establishes the rules necessary for the safe while areas of limited value to federal goals passage of Off-Highway Vehicles on County are made available for more appropriate roads and access routes in unincorporated uses. Additionally, exchanges and disposals of Garfield County. All federal and state federal land can also help the federal agencies agencies shall coordinate their travel meet their objectives, such as improving land management and road access plans with management, consolidating ownership, and the County’s OHV ordinance to ensure protecting environmentally sensitive areas. plans are consistent and harmonized for the convenience and safety of the citizens. By exchanging public land that is of limited interest to the federal agencies but of value 5) Federal agencies should recognize the to others, the agencies can acquire other historical use of all R.S. 2477 rights-of-ways lands with important recreation, conservation, recognized by the County and landowners scenic, cultural and other resource uses. Land and work with the County. The road exchanges also allow the BLM to reposition or recognition process should be clear and consolidate lands into more manageable units consistent and give high priority to public and to meet community expansion needs. safety, private property and public access. With the passage of FLPMA, Congress retained the public lands in federal ownership unless 6) Garfield County supports legislation to create disposal of those lands furthered the national an administrative process for confirming interest. This resulted in the lands within the historic RS 2477 rights-of-way on federal lands, thirteen Western states being largely owned including but not limited to a waiver of the and controlled by the federal government, statute of limitations regarding timely filing of and not in private ownership as is the case in such applications. the Eastern states. Select sales do still occur and are an important component of the BLM’s 7) All inventories of roads, trails and access land management strategy when they are in routes conducted by federal agencies shall the public interest and consistent with publicly be coordinated with the County as required approved land use plans. by federal law and the travel management regulations, specifically directed at 36 CFR In the National Forest, a land exchange is 212.53-55. a discretionary and voluntary real estate transaction between the Federal government 8) The right to access federal lands in the pursuit and a non-Federal party and may be initiated of mining, oil and gas development, ranching, by either party. A non-Federal party may be a farming, logging, recreational activities, person, State, or local governmental entity. The motorized vehicle use, hunting, other historic USFS shall consider a land exchange only if it is in uses, and those roads used by emergency the public interest and is consistent with the forest medical and/or law enforcement services in land and resource management plan. the protection of residents and visitors, shall be maintained. These activities are critical to Policy Statements the economic viability of Garfield County. 1) Acquisition of private lands by federal 9) Garfield County supports rules in compliance agencies in Garfield County should only occur with Federal and State law and where with a dedicated source of funds for ongoing appropriate and reasonable, to protect management to ensure these lands will be natural resources, air quality, wildlife, and properly maintained and not contribute to the private property rights while facilitating access significant maintenance and management (e.g., for OHVs, non-motorized, commercial backlog of existing federal lands. development, industrial projects, agricultural and livestock operations, recreational 2) All federal land acquisitions and disposals development). should be reviewed to ensure the proposed change of ownership does not result in a net 10) Garfield County encourages the federal loss of private property or a net gain of federal agencies efforts to educate public user lands. Because of the limited private property groups to respect the private property within the County, which provides necessary rights of landowners whose properties are funding for County services, there shall be intermingled among the public lands. an equal or greater exchange in acres or value in favor of the County, for federal land 11) Administrative access on closed or restricted exchanges, acquisitions or disposals. This is roads shall be allowed when necessary.

page | 24 necessary to retain at a minimum a net-neutral Colorado and Roaring Fork Rivers and their land ownership pattern in Garfield County. If many tributaries and high mountain lakes and the federal government cannot honor Garfield reservoirs), small game, furbearer and waterfowl County’s “no net gain” policy, it shall provide, hunting opportunities all of which provide a in writing, the reasoning for continuing the land variety of recreational and economic benefits acquisition contrary to this policy. in the County. 3) The federal agencies shall coordinate with Wildlife in Colorado is owned by the State and Garfield County when public lands are offered managed by Colorado Parks and Wildlife (CPW). for sale in the County. The Secretary shall notify On the federal lands, 63% of the County’s land Garfield County to afford the opportunity base, the CPW must work closely with the federal to zone or otherwise regulate or change or agencies to ensure the lands are managed in amend existing zoning or other regulations such a way as to ensure the viability of the wildlife concerning the use of such lands prior to such populations. CPW is also actively involved with conveyance. managing, protecting, and improving habitat on both private and state lands in Garfield County 4) No public land conveyance shall be made through CPW’s habitat protection and habitat until the Secretary has notified Garfield County partnership program. as to the consistency of such conveyance with applicable County land use plans, programs The Endangered Species Act (ESA) of 1973, and policies. authorizes the federal government to take management control of a species (fish, wildlife, I. Wildlife Management and plants) from the State when it was found to be threatened or in danger of extinction. The Garfield County is known for its abundant wildlife ESA delegates to the Secretaries of Interior and populations and robust hunting and fishing Commerce the authority to issue rules necessary industry, a significant economic driver in the for the protection and recovery of the species, County. Hunting big game, waterfowl, small including designating critical habitat where uses mammals, game birds, as well as fishing has long of the area may be restricted or prohibited. been a way of life in Garfield County. In addition to the diverse big game populations, the County The federal protected species are managed by the U.S. Fish and Wildlife Service (USFWS). When also enjoys diverse and productive a species is listed as endangered or threatened aquatic fisheries (i.e., the through the federal rulemaking process, it requires close coordination between all entities with planning authority to ensure the goal of species recovery is achieved, while minimizing harm to the local economy. This often includes the participation and policy agreement of the County, the State through CPW, the federal land management agencies of BLM, USFS and National Park Service (NPS), private landowners, federal land resource users, and the USFWS. As of the drafting of this Plan, Garfield County contains four threatened fish, bird and mammal species, four endangered fish species and four threatened flowering plant species. There is also an experimental, non- essential population of black-footed ferrets (Mustela nigripes) in the County. More specifically, these species are as follows: • Yellow-billed Cuckoo (bird) – Threatened • Mexican Spotted Owl (bird) – Threatened • Canada Lynx (mammal) - Threatened • Greenback Cutthroat Trout (fish) – Threatened • Humpback Chub (fish) – Endangered • Colorado Pikeminnow (fish) – Endangered • Bonytail (fish) – Endangered • Razorback Sucker (fish) – Endangered • DeBeque Phacelia (flowering plant) – Threatened • Colorado Hookless Cactus (flowering plant) – Threatened • Ute Ladies-Tresses (flowering plant) – Threatened • Parachute Beardtongue (flowering plant) - Threatened

page| 25 Wild horses and burros are also under federal 2) The federal agencies shall coordinate with protection pursuant to the Wild, Free-Roaming Garfield in all decisions and proposed actions Horses and Burros Act of 1971 (16 USC 1331). which affect the County regarding protected The BLM is the responsible federal agency to species, the reintroduction or introduction protect the animals and ensure the populations of listed species, habitat conservation remain at appropriate management levels plans, conservation agreements, and other (AML) for the area. Garfield County has one Herd conservations methods. Management Area (HMA) known as the Little Book Cliffs Wild Horse Range that is estimated to 3) Garfield County may utilize its institutional have an AML between 90 -150. HMA is located knowledge and expertise to prepare eight miles north of Grand Junction. It is the only management plans for specific species to herd in Colorado that has appropriate habitat guide proper management and coordination (forage, water and space) within the HMA as a of the resources for the benefit of the species. result of management by the BLM and volunteers The principles, objectives, policies, data, and such as Friends of the Mustang. habitat maps included as a part of these plans should be incorporated into all efforts by other The County has historically taken an active authorities to manage the species. For the role in the viability of the fish, wildlife and plant Greater Sage-grouse, agencies should refer communities in part because the natural to The Garfield County Greater Sage-grouse landscape and its multiple uses are critical to Conservation Plan. the vibrant economy and way of life of the citizens. It actively participates in the prevention 4) As required by the Information Quality Act and recovery of threatened and endangered (IQA) (44 USC 3516) and the guidelines issued species within its jurisdiction, including allowing pursuant to this act, all information relied upon the release of County owned water to aid in the and disseminated to the public in determining recovery of the Humpback chub and Razorback a species is endangered, threatened, a sucker. candidate for listing, a species of concern or a sensitive species, shall use credible data The County coordinated with the BLM to write and the best available science (defensible the BLM’s Resource Management Plan regarding and reproducible) to support the decision. Greater Sage Grouse, a five-county conservation The information used shall be of high quality, plan for the Greater-Sage Grouse when concerns objectivity, utility and integrity within the over the species viability were raised. This was meaning of the IQA. followed with the development of a County specific conservation plan that included robust and refined habitat maps that have since been adopted by the State of Colorado and the BLM as the most accurate representation of actual grouse habitat in the County. Policy Statements 1) Coordination between all federal, state and local partners shall occur whenever it is first determined through credible science, data, and/ or expertise that a species may be in decline. A work plan should be initiated that provides a coordinated set of voluntary objectives, actions, and status reports that will support the viability of the species. This includes predator control, protection of habitat and food supply and other conservation practices, including studies such as those needed to determine threats, population viability, habitat requirements and other critical information.

page | 26 5) All data relied upon in the analysis process of the recovery efforts should be provided to the the status of a species shall be made available County. to the County for review regardless of whether the data is considered preliminary or 9) Recovery plans for listed species should be proprietary, or whether it has been published completed within 18 months of listing and and/or peer reviewed. If the information is include clear objectives to be reached for being utilized by a state or federal agency the purpose of recovering and delisting the to inform its analysis, it should also be made species. These plans should be coordinated available to the County for its independent with the County. Once recovery objectives consideration. have been reached, the species should be officially removed from the special protection 6) A full analysis of the economic impacts to the designation list. County, the industries within the County, and the people who reside in the area, shall 10) Management and species recovery plans be prepared, analyzed and considered in should not be prepared to the detriment proposed critical habitat designations or of other species and should work to be species management plans. This analysis shall consistent with multiple use mandates. Every be reviewed and approved by the County to effort should be made to continue the use ensure the integrity and accuracy of the data. of all valid permits and lease rights in the recovery area. 7) Any area designated as critical habitat must be necessary to the survival of the species, 11) Any listed species that is recovered, found to based on an assessment of the best available be listed in error, or new information supports science in compliance with the requirements the finding that the species is not in need of of the IQA. federal protection, shall be considered for delisting. The County may recommend to 8) The management priority of all efforts directed the State or Federal agency that a review of towards at risk species should be the recovery the species’ status be made or initiate the of the species. Once a species is added to delisting process. the federal endangered or threatened list and protection of the habitat and restriction of uses 12) The County may participate as a has occurred, the agencies should establish a cooperating agency in the federal process to monitor these efforts and determine rulemaking process under the National whether such efforts are contributing to the Environmental Policy Act (NEPA) including for recovery of the species. Regular updates on any NEPA analysis related to the designation

page| 27 of critical habitat and development of 16) The introduction or reintroduction of ESA listed recovery plans. This is in addition to, and species into Garfield County shall not occur, separate from, the coordination process of unless a complete economic and health and the plans and policies. safety analysis is prepared and approved by the County indicating the County and 13) Candidate species, species of concern, its residents will not be harmed by the species of special concern, sensitive species action. Should a species be introduced or any other species designation that is not or reintroduced over the objections of endangered or threatened, shall not be the County, the species should only be managed as though they are a listed species considered a non-essential or experimental under the Endangered Species Act. If such a population. non-ESA designation is challenged through litigation, the existing approved management 17) Predators shall be controlled at appropriate plan or actions shall be followed until the levels to eliminate the spread of diseases litigation is resolved. that negatively impact wildlife, special status, candidate, or listed species. Predators shall 14) Any species with the protected federal also be controlled to reduce mortality of designation of “threatened” means the protected species. determination has been made that the species is not currently in danger of extinction, 18) Wildlife management objectives shall be and therefore, shall not be regulated based on the carrying capacity of the habitat with the same severity of restrictions as an and the needs associated with the authorized endangered species. multiple uses such as livestock grazing, mineral extraction, wild horses, and hunting and 15) When a species is considered at risk for fishing on federal lands. Wildlife population ESA listing, early cooperation and habitat monitoring efforts should be between private ongoing to expand the historical record of landowners, the state wildlife activity in the County. and federal agencies is encouraged to avoid 19) As required by the Wild Horse Act, horses listing under the ESA. that exceed the AML for the herd area shall be captured and removed from the area, preferably through local access auctions. Additionally, since the herd size can double in four to five years if not properly managed, the County supports efficient and cost-effective fertility control and sterilization. Wild Horses should be inventoried at a minimum every three years. 20) Rulemaking should be pursued to give the BLM additional options for the disposal of wild horses to allow BLM to meet their existing statutory requirements.

page | 28 J. Water - Rivers, Lakes, Reservoirs, Ditches Rifle Gap Reservoir was built in 1966 to extend and Water Rights the water supply for senior water rights holders on the west side of the Silt Canal Project through the The state of Colorado owns all waters in the Davie Ditch. Rifle Creek is the water source for state, regardless of land ownership. It is a public both reservoirs and their accompanying canals, resource for the benefit of all: public agencies, referred to as the Silt Canal Project by the Bureau private citizens, and entities. The state allocates of Reclamation. the water to beneficial users and recognizes this adjudication as a water right, a private property In 1968, Congress passed the National Wild right to use the public resource. Colorado set up and Scenic Rivers Act (16 USC 1271) for the a unique system to allocate and closely monitor purpose of preserving selected rivers with the waters of Colorado. Primary provisions outstanding natural and other qualities in their detailing water use, rights, and management in free-flowing condition. The purpose for the Act Colorado are found in the 1969 Water Rights and was to balance the need for dams and other Administration Act and the 1965 Ground Water construction on rivers, by protecting other rivers in Management Act. their free-flowing state. While currently there are no Wild and Scenic River designations in Garfield Surface water and tributary waters in Colorado County, Deep Creek has been considered for this are governed by the doctrine of Prior designation. Appropriation or “first in time, first in right.” It is a priority system mandated in the Colorado Surface waters are monitored by the Water Constitution and determines who can use a Quality Control Division of the Colorado specific water source, the amount of water Department of Public Health and Environment that can be allocated for that use, and when (CDPHE). The Clean Water Program (CWP) the water can be put to beneficial use. Under manages nonpoint source pollution, and the Prior Appropriation system, the first party to monitors rivers, lakes, and streams. The CWP beneficially use a water source becomes the maintains a list of impaired waters per the federal senior water right holder authorized to use the Clean Water Act requirements and reports allocated quantity of water. After the senior impairments to the EPA. The 303(d) listing has water right holder’s allocation has been fulfilled, Cattle Creek as an impaired stream in Garfield junior water rights can be satisfied. Beneficial County. In 2015, with funding provided by use must employ reasonably efficient practices Garfield County, the Roaring Fork Conservancy without waste in order to have enough water embarked on an extensive study to better available to as many water right holders as possible. Water rights continue to be a critical property right that ranchers, farmers, businesses, and communities depend on for their livelihood. The uses that are considered beneficial have evolved and increased in response to Colorado’s changing community and economic values. For example, an environmental and ecological purpose, such as maintaining the wildlife habitat that is dependent on a natural body of water, is now considered to be a beneficial use under Colorado water law. This is in addition to the traditional uses of water. Rivers and reservoirs in Garfield County serve an important role providing municipal water sources and supporting agriculture and recreation. A large portion of the middle Colorado River Basin and lower Roaring Fork River Basin are within Garfield County. The headwaters of the Yampa and the White River lie at an elevation of approximately 10,000 feet within the Flat Tops Wilderness Area of the White River National Forest in eastern Garfield County. Harvey Gap reservoir was constructed as an irrigation project and is filled by Rifle Creek. It was originally built in 1894 and supplied with water from the Grass Valley Canal, which was built in 1892. The reservoir is about 190 surface acres when full.

page| 29 understand the water quality impairment(s). Data permit. from former studies revealed high water quality near the headwaters and impaired water 3) Garfield County supports legislation and quality on the lower portion of Cattle Creek. At administrative rule making by the federal present, the water quality has improved such agencies that recognizes existing state that the 303(d) listing may be dropped. authority for permitting and adjudicating water use. In Garfield County, there are six communities with watershed protection plans with the primary 4) Projects that improve water quality and purpose to identify and prioritize threats to their quantity, while also increasing the drinking water supplies. Additionally, with Garfield dependability of the water supply should County assistance, there are source water plans be developed as appropriate. Land for a variety of subdivisions in unincorporated use improvements, mining, oil and gas Garfield County. development should not negatively impact drainages and watersheds within Garfield The County also works with the soil, water and County. conservation districts, helping to guide a unified planning effort for existing and future water 5) Additional water storage facilities in the needs in the County. County that assures present and future growth and protection of Colorado Water Rights Policy Statements pursuant to the Colorado River Compact should be planned for and developed. 1) Water rights are adjudicated by the state. Landowners/permit holders should not be 6) Proposed “wild,” “scenic,” and “recreational” required to transfer water rights to the federal designations on rivers and their tributaries in agency as a condition for authorization of Garfield County shall be coordinated with the permits on public lands, or to apply for a right County. Should “wild,” “scenic,” “recreational” in the name of the United States. or other designations be imposed by Congress, Garfield County requires full participation 2) When a water right is applied for and proved in the process including as a cooperating upon by a private individual or corporation, agency during the analysis of impacts under the water right shall be placed in the name of the National Environmental Policy Act. the holder, and not in the name of a state or Additionally, all federal management plans federal agency as a condition of receiving a for a river designation shall be coordinated with the County to harmonize the federal policies with existing County policies. The rights and needs of Garfield County landowners and water right holders, as well as the socio- economic impacts of the designation, shall be given full consideration and respect throughout the process. 7) The lands surrounding rivers and other waterways shall be managed in such a way as to provide for the maximum amount and quality of water to reach its beneficial use. This includes controlling invasive species, preventing epidemic diseases such as pine beetle infestations, and reducing fuel loads that could trigger wildland fires. 8) Garfield County shall have full participation in any process that establishes Minimum Stream flows. The minimum stream flow is the amount of flow necessary to preserve desired stream values, including fish and wildlife habitat, aquatic life, navigation and transportation, recreation, water quality, and aesthetic beauty. 9) All efforts shall be made to fulfill private water right holders’ allocations first when determining minimum stream flows. Other conservation measures and maintenance activities that may help obtain the minimum stream flows shall be considered prior to any reductions in existing water uses.

page | 30 10) All activities related to the use and distribution none of our sites are located on federal lands, air of water or that may impact a watershed does not respect jurisdictional boundaries and connected to a navigable water as defined many of the activities that occur on federal lands by federal law, shall comply with the Clean have the potential to impact air quality across Water Act of 1972 (33 U.S.C. §1251). the County. In addition to the criteria pollutants mentioned above, five ambient air monitoring K. Air Quality sites also collect data on volatile organic Air quality in Colorado is broadly regulated under compounds (VOCs). These help to assess health the National Ambient Air Quality Standards risk to the population and to correlate specific (NAAQS) outlined in the Clean Air Act of 1970. compounds with pollutant sources. The US Environmental Protection Agency (EPA) has the ultimate authority to enforce these Policy Statements standards, but delegates the management of air quality to the states. In Colorado, this authority 1) Garfield County supports reasonable air is given to the Air Pollution Control Division of quality regulations that respect the differences the Colorado Department of Public Health and between oil and gas development on the Environment (CDPHE). They ensure compliance Front Range and the Western Slope. Unlike with the six “Criteria Pollutants” outlined in the parts of the Front Range, Garfield County Clean Air Act. In 2019, Garfield County was is in attainment of the standard for ozone well within attainment of the three pollutants and should not be subject to the same monitored in our area: ozone, particulate matter, requirements imposed on a non-attainment and nitrogen dioxide. area. Regulations should acknowledge the accessibility of our operations, the type The Air Pollution Control Division at CDPHE of natural gas production, and the socio- also regulates air quality through permitting economic landscape. and inspections. They regulate mobile and stationary sources that meet specific thresholds 2) Garfield County will continue to monitor air for pollutants, including oil and gas operations, quality to characterize air pollutants that gravel pits and asphalt batch plants, filling could impact the health of its citizens. stations, and others. These facilities are located Through its technical workgroup, Garfield on all types of land ownership, including public County staff will continually evaluate the air and private lands. Federal lands fall under their monitoring program to ensure its methods and purview as well. data reporting is innovative, effective, and valuable. Other federal land management agencies also cover air quality regulation and monitoring on 3) Interagency fire management teams shall their lands. The US Forest Service (USFS) and implement practices on federal lands that Bureau of Land Management (BLM) operate reduce the risks of catastrophic wildfire, which particulate matter and ozone monitors in Garfield can be a significant source of air pollution in County, and work to address air quality impacts Garfield County. of wildfire smoke when these events occur. The BLM “must ensure that BLM-authorized activities 4) Natural resource development projects comply with the CAA” (blm.gov) and focus on on federal lands should not cause significant reducing emissions of harmful air pollutants from adverse impacts to air quality within Garfield the land uses and resources they manage. County. Garfield County has invested heavily in air 5) Practices and projects that improve air quality monitoring to characterize air quality conditions in Garfield County are encouraged, including in a variety of the communities we serve. While reduced vehicle idling, renewable energy development, alternative transportation, and fugitive dust suppression. 6) Garfield County encourages the development and export of natural gas to other regions in the world that be used to replace existing energy sources responsible for high levels of harmful emissions. Increased use of natural gas globally will help to combat climate change by lowering emissions of carbon dioxide, a primary greenhouse gas. L. Outdoor Recreation / Tourism / Hunting & Fishing Since statehood, tourism and recreation have been a staple of Garfield County which is directly supported by our vast public lands. These recreation activities include hunting,

page| 31 fishing, hiking, snow sports, off road vehicle use, public lands. camping, site seeing, horseback rides, water sports, mountain biking, and mountaineering, 3) Public access to federal lands should be among others. Not only do these public maintained and consistent with County plans lands provide recreation opportunities, they and policies. also provide a local and regional economic base, and quality of life. Federal laws and 4) Every opportunity should be pursued that policies place primary responsibility for wildlife allows the tourism industry to utilize public management in the hands of the states. lands, where appropriate. Colorado has a lengthy record of success in conserving species, including those that are 5) An interconnected trail system in the Colorado hunted or fished. River Valley should be established to provide more recreation opportunities to residents and Sources: Bureau of Land Management. “Air” https://www. tourists. blm.gov/programs/natural-resources/soil-air-water/air 6) Trails on public lands should be properly Policy Statements maintained and connected to help the public access these areas for hiking, mountain biking, 1) Proposed developments adjacent to streams snow sports, hunting and fishing, and other and/or rivers with rafting or fishing potential are outdoor activities. encouraged to dedicate easements for public access to these areas, where compatible with 7) Garfield County’s OHV Ordinance establishes wildlife habitat. the rules necessary for the safe passage of Off-Highway Vehicles on County roads and 2) Developments should look for opportunities access routes in unincorporated Garfield to contribute to the continuation and County. All federal and state agencies shall enhancement of commercial tourism, coordinate their travel management and road hunting and guiding on access plans with the County’s OHV ordinance to ensure plans are consistent and harmonized for the convenience and safety of the citizens. 8) Garfield County acknowledges the State of Colorado’s jurisdiction to manage the State’s wildlife and supports the States Wildlife Action Plan. 9) The cancellation of an outfitter or guide permit is generally unacceptable. The County should be notified of, and coordinated with, on any change or cancellation of such permit prior to the action being taken. Any such action shall include consideration of the economic impacts and custom and culture of the local area. M. Hard Rock Mining / Gravel & Aggregate Mining The Mining Law of 1872 is the major Federal law governing locatable minerals in the United States. This law allows U.S. citizens the opportunity to explore for, discover, and purchase certain valuable mineral deposits on Federal lands that are open for mining claim location. Mineral deposits subject to acquisition in this manner are generally referred to as “locatable minerals.” Locatable minerals include both metallic minerals (gold, silver, lead, copper, zinc, nickel, etc.) and nonmetallic minerals (fluorspar, mica, certain limestones and gypsum, tantalum, heavy minerals in placer form, and gemstones). The Mining Law allows for the enactment of state laws governing location and recording to mining claims and sites that are consistent with Federal law. The BLM manages the Mining Law program on the federal mineral estate including

page | 32 authorizing and permitting mineral exploration, bonding and more rigid reclamation mining, and reclamation actions. performance timelines and standards for coal Like many counties in the western United States, mines and sand and gravel operators. The Garfield County has had a long history of Colorado Mined Land Reclamation Division mining exploration and development on both was created in early 1976 to regulate non-coal private and federal lands for a wide variety of mining operations. The Colorado Mined Land commodities. Presently, Garfield County has Reclamation Act was passed, and a Mined Land 3,014 mining claims on public land managed by Reclamation Board was appointed to serve in an the Bureau of Land Management and 33 records administrative and adjudicatory capacity. of mines listed by the United States Geological Survey. These mines are predominantly lead, In 2020, Garfield County expanded its 1041 uranium, vanadium, zinc and silver mines. powers (C.R.S. 24-65.1-101) to include the regulation of Mineral Resource Areas. It is Garfield County lies within the Colorado the purpose of these regulations to establish Plateau Uranium Province which is estimated reasonable and uniform limitations, safeguards, to contain six million tons of uranium; it is north and controls for the wise utilization of commercial of the Uravan Mineral Belt where the greatest mineral deposits and for subsequent reclamation densities of uranium and vanadium are found. of disturbed land. These regulations, apply However, deformations in the underlying geology to mining activities on private and public made the County home to one of the largest (federal) lands, were designed to provide a vanadium-uranium deposits in the Colorado clear and practical set of rules and steps for Plateau Uranium Province. Ore mined from the the preparation of an application to permit Rifle and Garfield mines were processed in Rifle. mining and the reclamation of commercial mineral deposit resource areas while protecting The Grand View Mine, a general limestone mine the health, safety and welfare of the citizens of is located approximately 12 miles north of Rifle, Garfield County. Colorado on State Highway 325. Historically the site has been associated with the Rifle Creek Policy Statements Mining District which is now part of the White River National Forest. The site was first discovered 1) Garfield County supports the legal rights in 1925 and had its first year of production in 1927 and privileges of surface and mineral owners but has long been closed. Additionally, the Mid- to extract and develop their interests as well Continent Mine located near Glenwood Springs as the legal rights and privileges of private remains an open and active operation mining for property owners and the general public chemical grade limestone. to have the mineral estate developed in a reasonable manner and to have adverse The most usable aggregate (sand and gravel) impacts mitigated. resource in Garfield County is primarily found 2) Federal Land Management Agencies along the Colorado River because of its high- responsible for land management should quality gravel and their proximity to improved involve and coordinate roadways and the interstate highway. Gravel with local jurisdictions from the Colorado River is well-rounded, well- and the general shaped, and has a good surface texture. It is public during strong, hard, and non-reactive and well graded the review from coarse to fine. and Regarding reclamation, the Open Mining Land Reclamation Act of 1973 established a permitting process, requiring limited

page| 33 decision-making process on mining operations mined acres disturbed at any given time. within federal lands. Coordination should occur as early and as often as feasible. 11) Mineral resource extraction activities will protect critical wildlife habitat and migration 3) The exploration, development, production, routes as identified by state and federal use, re-use, recycling and disposal of minerals agencies. and metals inevitably involve the need to integrate environmental, economic and social 12) Excavation in visually sensitive areas such considerations in decision-making. Permitting as ridges, hilltops, sensitive ecosystems such as processes must ensure that each of these Aspen stands, raptor nesting or feeding areas, three elements is taken into account fully and riparian habitat, and scenic areas should be as early as possible in the decision-making minimized. process. 13) Mining operations can create significant 4) Direct large-scale hard rock mining offsite impacts, including but not limited operations away from incompatible uses traffic, noise, vibration, visual and such as municipalities, tourist facilities, environmental degradation, along with neighborhoods and areas where community unwanted socio-economic impacts on character will be negatively impacted. adjoining communities. These impacts should be identified and addressed through the 5) Truck traffic will not access mining operations review process, including the identification of through residential or commercial areas. less impactful alternatives. central business districts, pedestrian and tourist- oriented areas. Truck Traffic generated by the 14) Preserve or mitigate natural drainage mining operation shall avoid residential and patterns so the impact of mineral extraction commercial areas; including central business activities will not cause storm drainage/ districts, pedestrian and tourist-oriented areas. floodwater patterns to exceed the capacity of natural or constructed drainage ways, or 6) The federal government has a role to play in subject other areas to increased flooding, the reclamation of mine sites within its areas of erosion or sedimentation, resulting in pollution responsibility, including establishing fiscal and to streams, rivers or other natural bodies of regulatory conditions respecting reclamation water. for mine development on federal lands. The need to clean up those abandoned and 15) Areas of disturbance due to mining activities orphaned mine sites within federal jurisdiction should be kept to the minimum necessary that represent an unacceptable risk to the to accommodate minerals extraction environment or human health and safety, must operations. be mitigated. Operators, should be required to contribute to pay for clean-up costs. 16) All mining plans should strive to minimize visibility into mining sites. Unique landscapes, 7) Reclamation costs should be considered and where the visual attraction is unusual, such accounted for in any permit process at a as: ridges and valleys with associated wildlife level of priority similar to that given to start-up habitat, riparian habitat, and scenic overlooks investment costs. Governments and industry and vistas, should be preserved. should work together to ensure that efficient mechanisms are developed to finance 17) Results of visibility mitigation should be in responsible closure practices. keeping with the surrounding environment. 8) The Federal Government will ensure that, N. Greenhouse Gas Emissions and Oil and as a condition for mine development on Natural Gas Operations federal lands, comprehensive plans for the reclamation of disturbed areas are Garfield County affirms its commitment both to developed, including the provision of improving air quality (specifically, as a function satisfactory financial assurances to cover the of greenhouse gas (“GHG”) emissions) and to costs of reclamation and, where necessary, encouraging the responsible conduct of oil long-term maintenance. and gas production, gathering, processing and transmission operations in the County and the 9) Mine operators should start to stabilize and State of Colorado. In the course of developing reclaim the affected land using natural and land use plans now and for the future, the replanted vegetation and natural and artificial County believes that these goals are not only topography as soon as practicable after of equal importance, but that they are also mining begins. This in-progress reclamation complementary. should be scheduled to coincide with the site development schedule. Energy development, including oil and gas operations, has been a cornerstone of Garfield 10) Phased mining and reclamation measures County’s economy since the late 1800s. More should be considered to mitigate visual specifically, the financial health of Garfield impacts. This procedure limits the number of County depends significantly upon natural gas

page | 34 production, which in turn affects the County’s production and processing amounted to about ability to provide critical services. For example, 4% of the total U.S. GHG emissions.(6) Indeed, property tax revenue and school district budgets while the oil and natural gas sector is a source of are heavily impacted by the oil and gas sector. GHGs, specifically methane, these emissions are falling as a proportion of total methane Approximately 53% of the assessed value of emissions.(7) all property in Garfield County is from oil and The Colorado Department of Public Health and gas and also 53% of Garfield County’s property Environment also produces a GHG inventory taxes come from oil and gas production.(1) every five years. According to the 2019 Draft As a consequence, the oil and gas sector is Inventory, the oil and gas sector accounted for an important contributor to Garfield County’s 12% of Colorado’s GHG emissions in 2015, and ability to provide services such as infrastructure projected GHG emissions for the same sources development, schools, libraries and social through 2030 hover around the same level. services. Electric power accounted for approximately 29% and transportation for 22% of the total In order to protect the economic well-being 2015 emissions.8 Due to the various sources of of Garfield County, the County seeks to GHG emissions and the documented relative encourage the continued development and contribution of different sectors to GHG emissions, use of its energy resources. At the same time, the Garfield County seeks to approach any GHG- County recognizes the importance of a healthy related initiatives and policies understanding environment and particularly of air quality and the specific contribution of each industry sector. is therefore committed to protecting the natural More specifically, it is committed to supporting resources and the environment by managing policies which do not disproportionately target and improving air quality—as evidenced by, for any one sector, while promoting reasonable example, the development of the County’s Air GHG emissions reductions. With full understanding Quality Program Management Plan. Garfield of the contribution of the oil and gas sector to County is also committed to continuing to ensure GHG emissions, Garfield County also recognizes that the public remains fully informed of factors that Colorado has the most robust and stringent that affect air quality and air quality policies oil and gas regulations in the Country. As such, going forward. Garfield County is committed to supporting GHG- related policies which do not unnecessarily or Garfield County recognizes the largest reduction selectively regulate the oil and gas sector. in the United States’ GHG emissions over the Equally, Garfield County has been and continues past few years has been accomplished by the to be committed to reducing GHGs within the electricity sector’s switch from coal to natural County. Routine measurements of VOCs (a gas.(2)Increased use of natural gas is the number component of natural gas along with methane) one reason the United States has reduced in Garfield County show that the annual average GHG emissions more than any other developed concentrations of methane (a GHG) from 2008 country, achieving emission levels 12% lower than through 2018 exhibit a statistically significant downward trend. Routine measurements of in 2005.(3) ozone (formed from precursor VOCs) show that from 2008 through 2018, Garfield County Garfield County’s primary energy natural has been in attainment with EPA requirements resource is natural gas. It is therefore cognizant for ozone standards, known as NAAQS. There that the continued responsible development is every indication the County will remain in of this resource is important to the ultimate attainment in the future. Garfield County also has reduction of GHG locally, nationally, and continued to perform regular ambient air quality globally. (6 Inventory at 3-64 and 3-80. The County is also aware that levels of GHG 7 National Oceanic and Atmospheric Administration (NOAA) and University of emissions are affected by a number of Colorado, Long-Term Measurements Show Little Evidence for Large Increases i factors, including but not limited to sources U.S. Methane Emissions Over the Past Decade (2019), of emissions, types of fuel used in energy production, and weather trends. Each year, the U.S. Environmental Protection Agency (“EPA”) publishes the Inventory of U.S. Greenhouse Gas Emissions and Sinks, which reviews sources of and trends in GHG emissions. The 1990-2017 Inventory, published in 2019 (the “Inventory”) found that the transportation sector accounted for almost 29% of 2017 emissions,(4)while the electricity production sector contributed almost 28%. The industry sector as a whole contributed approximately 22% of the total 2017 emissions.(5) Emissions from commercial and residential uses totaled almost 12%, while agricultural emissions accounted for 9%. Emissions from oil and gas

page | 35 monitoring to ensure that it fully understands the 5) Garfield County supports LNG export projects impact of GHG and other air pollutant emissions which would have a major positive impact in on air quality. Overall, thanks to Garfield County’s the fight against global climate change by commitment to environmental protection, air replacing coal with clean-burning natural gas quality in Garfield County has continued to in Asia and other global users. improve even during periods of growth in oil and gas production in the County. IX. Federal Land Designations & Policies Ultimately, Garfield County will prioritize policies The following section provides the current and land use plans which balance energy designations of public lands as typically identified development with air quality improvement. It through an inventory process by federal will continue to actively support responsible agencies with land use authority. This section also natural gas and oil development and protection provides Garfield County’s policies regarding the of the environment using a robust, data-driven same. approach. A. Wilderness Areas Policy Statements The Wilderness Act of 1964 established the 1) Garfield County supports reasonable national, regional, and global GHG policies and goals National Wilderness Preservation System to be that are comprehensive, practical, cost- managed by the United States Forest Service effective, and do not unnecessarily single out (USFS), National Park Service (NPS), and the specific industry segments. United States Fish and Wildlife Service (FWS). The passage of the Federal Land Policy and 2) Garfield County will continue to monitor GHG Management Act (FLPMA) in 1976 added the emissions as part of its efforts to understand air BLM as a wilderness management authority to quality in the County and to ensure the health the Wilderness Act. Wilderness areas must meet of its citizens. the criteria established by the Wilderness Act to be designated as Wilderness. These are: 3) Natural resource development projects on federal lands should not cause significant “A wilderness, in contrast with those areas adverse impacts to GHG emission levels within Garfield County. where man and his works dominate the landscape, is hereby recognized as an area 4) Because Garfield County’s economic well- where the earth and its community of life are being is significantly impacted by natural untrammeled by man, where man himself resources development, Garfield County is a visitor who does not remain. An area supports in concept future GHG regulations of wilderness is further defined to mean in that balance economic development with this Act an area of undeveloped Federal environmental well-being. Specifically, Garfield land retaining its primeval character and County is committed to supporting GHG influence, without permanent improvements emission reduction policies and goals which or human habitation, which is protected do not unnecessarily or selectively regulate and managed so as to preserve its natural the oil and gas or agricultural sectors while conditions and which (1) generally appears promoting GHG emission reductions. to have been affected primarily by the forces f in Total

page | 36 of nature, with the imprint of man’s work set forth in the Wilderness Act. These lands are substantially unnoticeable; (2) has outstanding to be reviewed subject to local government opportunities for solitude or a primitive and coordination and public comment, and if unconfined type of recreation; (3) has at least approved by the Secretary, are designated as five thousand acres of land or is of sufficient Lands with Wilderness Characteristics (LWC’s). size as to make practicable its preservation and use in an unimpaired condition; and (4) LWC designations may result in increased may also contain ecological, geological, restrictions of use on these lands in order to or other features of scientific, educational, maintain their primitive nature. The following scenic, or historical value.” (16 USC 1131(c)) areas are currently being managed as LWC’s in Garfield County: Wilderness Areas must be established by an Act • Bitter Creek of Congress and can be recommended by the • Evacuation Ridge federal land management agency or directly by • Demaree South a member of Congress. • Spring Canyon • East Demaree The Flat Tops Wilderness Area was established by • Spink Canyon • Pike Ridge Congress in 1975 and exists in the north eastern • Bookcliffs South portion of Garfield County. It is Colorado’s • East Salt second largest wilderness area and was where • South Shale Ridge Arthur Carhart, a USFS landscape architect, • Roan Southeast Cliff Unit recommended in 1919 that the area remain • Northeast Cliffs undeveloped. Sometimes called the “Cradle • East Fork of Wilderness,” Flat Tops is where the idea of • Grand Hogback wilderness was first applied to public land. It is • Deep Creek managed by the USFS. • Flattops Addition • Thompson Creek B. Wilderness Study Areas (WSA) D. Areas of Critical Environmental Concern (ACEC) Upon the passage of FLPMA, the BLM was required to complete an inventory of the lands Areas of Critical Environmental Concern or ACEC and resources within 15 years. As a part of this designations were authorized through FLPMA and process, the BLM identified lands meeting the are managed by the BLM. They apply to areas wilderness criteria set forth in the Wilderness that are developed or used and need protection Act and forwarded these recommendations to prevent irreparable damage to important to the President. Congress acted on these resources. These can be historical, cultural, or recommendations, establishing some of the scenic values, as well as fish and wildlife resources areas as Wilderness. Those areas Congress did and other natural resources. ACECs can also be not approve continue to be held as Wilderness designated to protect human life from natural Study Areas (WSA’s) in such a manner as to hazards. ACECs can only be designated during not impair their suitability to be designated as the land-use planning process and often prohibit Wilderness in the future, until Congress determines any new development or activities such as roads otherwise. Specifically, the statute requires: and oil and gas production. “During the period of review of such areas The following areas are being managed as and until Congress has determined otherwise, ACEC’s in Garfield County: the Secretary shall continue to manage such lands according to his authority under this Act • Anvil Points and other applicable law in a manner so as • Deep Creek not to impair the suitability of such areas for • Glenwood Springs Debris preservation as wilderness, subject, however, to the continuation of existing mining and Flow Hazard Zones grazing uses and mineral leasing in the manner • Lower Colorado River and degree in which the same was being • Magpie Gulch conducted on October 21, 1976.” (43 USC • Grand Hogback 1782(c)) • Mount Logan Foothills • Sheep Creek Uplands The following WSA’s are currently designated in • Trapper Northwater Garfield County: Hack Lake (1993) – 10 acres • East Fork Parachute Creek C. Lands with Wilderness Characteristics (LWC) FLPMA requires the BLM to maintain a current Policy Statements inventory of the public land resources and other values. This includes determining if changes have 1) Federal land use designations such as occurred to the landscape since the original inventory, or if new lands have been acquired that may have wilderness characteristics as

page| 37 Wilderness, WSA’s, LWC’s and ACEC’s impose released from consideration restrictions that often include reduced access as Wilderness that contain non-wilderness and the diminished use or elimination of characteristics, such as roads or active oil and mining, oil and gas development, grazing, gas wells. hunting and recreation. These activities substantially contribute to the local economy 5) Management and the authorization of uses and the County’s ability to properly fund of special land use designations should be and serve the public needs. All consideration compatible with surrounding management of special land use designations must be and contribute to the sound policy of multiple coordinated with Garfield County and use, economic viability, and community meet the statutory requirement imposed by stability. Congress. All management activities and uses on these lands must be coordinated with 6) As a part of the authorized uses on Wilderness, Garfield County. Full access and productive WSA’s, LWC’s and ACEC’s, continued access use of the land shall be authorized as allowed to and maintenance of water developments, under federal, state and local law. fences, and other infrastructure located within designated wilderness, must continue at the 2) Simply designating a wilderness does not same or greater level allowed prior to the assure its preservation. An understanding special designation. All valid existing lease of wilderness values is needed to guide all rights and historical uses in Wilderness areas, activities in wilderness, including grazing, WSA’s, LWC’s and ACEC’s shall be protected access to private lands, mining, fish and and continue as required by federal, state and wildlife, cultural sites, fire, and insects and local law. disease. Management is needed to minimize the impacts of the wilderness visitor on the 7) Consideration of new areas for Wilderness, immediate environment and the experience WSA’s, LWC’s or ACEC’s should be analyzed in of other visitors. Wilderness management coordination with the County. applies guidelines derived from social and natural sciences to preserve the qualities for 8) Designations of Wilderness areas, WSA’s, LWC’s which wilderness was established. Ultimately, or ACEC’s that would compromise the if so designated by Congress, wilderness County’s ability to properly protect the areas should require active management as lives, welfare and property of its citizens are discussed here. prohibited. 3) All valid existing lease rights and historical uses 9) Infrastructure such as roads, fences, pipelines in wilderness areas, WSA’s, LWC’s and ACEC’s and water tanks are shall be protected and continue and required recognized by by federal, state and local laws. the County as 4) WSA’s should be

page | 38 improvements that have permanently X. Federal & State Land Revenues altered the landscape, connecting man’s development activities directly to the land, Due to the substantial land ownership of lands regardless of whether such elements can be removed. Any areas with these features across the western United States as well as the shall not qualify as areas with wilderness complexities driven by the split estate, there are characteristics. a variety of federal programs and laws that are intended to return dollars to those impacted 10) Accurate, on-the-ground mapping of roads, states, counties and cities in the west. What fences, rangeland improvement and any follows are some of the primary programs and other anthropogenic influence in lands laws specifically designed to provide return under consideration for Wilderness, LWCs or revenues to Garfield County in some fashion. ACECs , shall be completed and included Because approximately 62% of land in Garfield with any inventory or proposal for a potential County is comprised of public lands, these laws designation, including those prepared by the and programs are critically important to the well- County. being of the County. 11) No actual or de facto buffer zones should be A. Payment in Lieu of Taxes (PILT) established around special designation areas, creating additional restrictions on areas not so “Payments in Lieu of Taxes” (PILT) are Federal designated. payments to local governments that help offset 12) Garfield County urges federal agencies to losses in property taxes due to non-taxable follow specific provisions in both the Federal lands within their boundaries. The original Wilderness Act and the Americans with law is Public Law 94-565, dated October 20, Disabilities Act to accommodate wheelchair 1976. This law was rewritten and amended by use in wilderness. Specifically, Title V Section Public Law 97-258 on September 13, 1982 and 508 (c) of the American with Disabilities Act codified at Chapter 69, Title 31 of the United reads as follows: “IN GENERAL - Congress States Code. The law recognizes the inability of reaffirms that nothing in the Wilderness Act local governments to collect property taxes on prohibits wheelchair use in a wilderness area Federally-owned land can create a financial by an individual whose disability requires its impact. use. The Wilderness Act requires no agency to provide any form of special treatment or Policy Statements accommodation or to construct any facilities or modify any conditions of lands within a 1) Because Garfield County is unable to tax the wilderness area to facilitate such use.” property values or products derived from federal lands, PILT payments are necessary to 13) Any proposed designation of an ACEC support essential local government services. shall be coordinated with the Board of Mandatory, long-term, predictable full funding Commissioners to determine if designation for PILT in FY 2020 and beyond should be of the ACEC creates any conflicts with the established. Counties plans as required by 43 U.S.C. §1712(c)(9). All good faith efforts should be 2) In the event Congress fails to not fund PILT, made to meaningfully resolve these conflicts Garfield County will research and pursue other prior to public notice of the proposed options to secure the required funding. This designation and must be included in the includes supporting optional ownership and public document. management of public lands. 14) All lands within the County shall remain B. Secure Rural Schools (SRS) open and free of ACEC protective designations unless the County is provided One hundred years ago, the federal government with credible data that certain activities are recognized that counties faced a loss of revenue causing “irreparable damage to important due to federal ownership of large tracts of land. historic, cultural, or scenic values, fish and Historically, Congress shared revenue generated wildlife resources or other natural systems or from federal forest lands with local governments processes, or to protect life and safety from in recognition that federal ownership of natural hazards,” (43 USC § 1702 (a)). forestlands deprived counties of revenue they would have if the land were privately owned. 15) All information relied on by the agency for any special designation, whether this Shared revenue also recognized that counties be for Wilderness, LWC or ACEC, shall provided services that benefitted the land. As meet the standards established by the compensation for the land being exempt from Information Quality Act (44 U.S.C. §3516) and taxation and for local services, Congress shares a implementing guidelines. portion of the revenue from its forestland. At their peak, in fiscal year 1989, payments totaled $361 million. Receipts have declined substantially since then, largely because of declines in timber sales. As timber harvests dramatically declined, counties encountered financial difficulties

page| 39 due to the lost revenue, not only from timber 2) Forest management practices should be sales, but also from the loss of sawmills. At one reformed to improve forest health, increase time, Garfield County had several small family production and ensure robust revenue sharing to operated sawmills, however these have all all forest counties. since closed because of the timber policies that prevented timber sales in the area. By 2000, 3) In the event Congress fails to fund SRS, Garfield income from forest sales declined by 80 percent. County will research and pursue other options to secure the required funding. This includes The Secure Rural Schools and Community Self- supporting optional ownership and management Determination Act of 2000 (SRS), also known of public lands. as Federal Forest Payments, was enacted to stabilize payments to counties 4) Timber harvests are essential to the economy and culture of the County and should be planned for and approved by the Federal agencies to fulfill the multiple-use and sustained yield principles directed in federal law, specifically through the Multiple Use-Sustained Yield Act of 1960 (MUSYA) (16 USC 528). C. Severance Tax Severance tax refers to a tax imposed by a state on the value of nonrenewable natural resources extracted from the earth, such as oil, coal, or gas. Colorado’s severance tax was enacted in 1977. The severance tax is imposed on the production or extraction of metallic minerals, molybdenum, oil and gas, oil shale, and coal. Taxes are collected by the Department of Revenue. Severance tax revenue is divided evenly between the Department of Natural Resources (DNR) and the Department of Local Affairs (DOLA). DNR’s half is deposited into the Severance Tax Trust Fund, where it is held in trust as a replacement for depleted natural resources, for the development and conservation of the state’s water resources, and for use in funding programs that promote and encourage sound natural resource planning, management, and development related to minerals, energy, geology, and water and for the use in funding programs to reduce the burden of increasing home energy costs on low-income households. This distribution of Severance Tax is illustrated below. for schools and roads and to improve forest ecosystems. It offset losses to affected counties in more than 40 states and based payments on average historical timber revenues. Recipients were required to expend 80 percent of their payments for education and road maintenance. An eligible recipient could also elect to set aside 20 percent. Policy Statements DOLA’s severance tax revenue is credited to the Local Government Severance Tax Fund 1) Garfield County encourages Congress to and distributed to local governments. Seventy renew its long-standing commitment to forest percent is available for discretionary loans counties by increasing revenue sharing through and grants to local governments socially active forest management and extending SRS as or economically impacted by the mineral critical transitional funding. extraction industry. Local governments apply to DOLA for the loans and grants at three different

page | 40 times during the year. DOLA is assisted by compensation from the lessee for the a 12-member Energy and Mineral Impact privilege of extracting minerals on federal Assistance Advisory Committee in making public lands. funding decisions. The money must be used for • The Bureau of Land Management is the the planning, construction, and maintenance of principal administrator of the Mineral public facilities, and for the provision of public Leasing Act. The BLM evaluates areas for services. The remaining 30 percent of the money potential development and awards leases received each fiscal year is distributed directly to based on whoever pays the highest bonus local governments by August 31 of the following during a competitive bidding period. fiscal year based on the geographic location Royalties are payments made from one of energy industry employees, mine and well party to another based on usage of an permits, and overall mineral production. asset, often in the form of a percentage. The Mineral Leasing Act required monetary Policy Statements gains from the leasing of public lands to be divided three ways, except for Alaska: 1) Garfield County supports the redistribution • 50 percent of gross revenues to states other of local impact grants and direct distribution than Alaska. of Severance Tax payments to cities and • 40 percent of gross revenues to Reclamation counties where the resources are severed. Fund. • 10 percent of gross revenues to Federal 2) Garfield County supports the use of the Treasury. severance tax to reduce the burden of • 90 percent of gross revenues to Alaska. increasing home energy costs on low-income For Colorado, the Colorado Department of Local and fixed income households. Affairs distributes revenue derived from energy and mineral extraction statewide. These revenues 3) For the years that the State does not release come from State Severance Tax receipts and the Severance Tax dollars in a timely manner Federal Mineral Lease non-bonus payments. The and as prescribe by law, the County will seek Department of Local Affairs (DOLA) administers full payment of these funds plus reasonable the Direct Distribution of State Severance Tax interest. and FML revenue to counties, municipalities, and school districts. This is accomplished through D. Federal Mineral Lease 1) Direct Distribution - counties, municipalities, and school districts, and Previous to the Mineral Leasing Act of 1920, the 2) Local Government Project Grants & Loans. General Mining Act of 1872 authorized citizens Forty-eight percent of these funds go directly to freely prospect for minerals on public lands to State Public and Higher Education schools. and allowed a discoverer to stake claims to both See the graph below: minerals and surrounding lands for development. With the recent creation of the Garfield County This open-access policy enabled a major oil rush in the West, in 1909 prompting U.S. Geological Federal Mineral Lease District (FMLD), Federal Survey Director to warn Secretary of the Interior Mineral Lease payments are directed to the that oil lands were being claimed so quickly FMLD and not Garfield County. The FMLD is an they would be unavailable within a few months. independent public body charged by the state legislature with distributing financial resources As a result, President Taft promptly created the it receives from the development of natural first American oil reserve by executive order on September 27, 1909, withdrawing 3,041,000 acres of public lands in California and Wyoming from further claims, and reserving the oil for use by the United States Navy. Congress ratified the President’s authority to set aside federally owned lands with the passing of the Pickett Act in 1910. Following these events, Congress enacted the Mineral Leasing Act of 1920 which dictated a system of leasing and development for mining interests on federally owned lands. The primary provisions in the Mineral Leasing Act of 1920 provided a number of functions: • Enables entrance onto public lands to explore for minerals with permission of the government. • Enables drilling and extraction of minerals with authority granted by the government. • Enables the government to manage the exploitation of leasable minerals. • Enables the government to receive

page| 41 resources on federal lands within Garfield County distribution of lands from Statehood, shall be to communities impacted by these activities. The transferred expeditiously so as not to further FMLD is also authorized by law to provide services deprive the County or the State the benefit to those communities. of the resources generated from these lands. Based on the distribution formula established in Policy Statements 1876, these total 3,833 sections of land subject to transfer. 1) Garfield County supports the redistribution of Federal Mineral Lease payments to cities, XI. Equal Access to Justice – Sue Settle counties and Federal Mineral Lease Districts Agreement where the resources are severed. The Equal Access to Justice Act (EAJA) (5 USC 2) Garfield County opposes any attempts to lessen revenue sharing receipts with county 504 and 28 USC 2412(b)-(d)) provides for the and state governments under the Mineral Leasing Act. Garfield County supports award of attorney fees and other expenses to amending the Act such that the federal share of mineral royalties would be directed to eligible individuals and small entities that are counties or Federal Mineral Lease Districts in which mineral development occurs. Further, parties to litigation against the government. An revenue sharing should not negatively impact Payment in lieu of Taxes (PILT) payments to eligible party may receive county governments. an award when it 3) For the years the State does not release the FML dollars in a timely manner and as prevails over the prescribe by law, the County will seek full payment of these funds plus reasonable government, unless interest. the government’s E. State Lands Board position was In 1876, the Colorado Constitution created the Colorado State Board of Land Commissioners “substantially (State Land Board), which manages lands the Federal Government granted to Colorado justified” or special in public trust. The Federal Government was required to transfer these public lands to the circumstances make an State equally across each County, based on the number of township sections in each County. award unjust. However, However, Garfield County did not receive its allotted share at the time because the land currently those Counties was reserved for an Indian Reservation. The distribution of these critical state lands to Garfield such as Garfield County, County still has not occurred today. with assets over an The State Land Board is the second-largest arbitrarily set ceiling, are landowner in Colorado, with 2.8 million surface acres and 4.0 million mineral estate acres. prevented from A dual mission guides State Land Board management of these assets: recovering 1) To produce reasonable and consistent income over time, and 2) To provide sound stewardship of the state trust assets. The lands are held in eight public land trusts, which benefit public schools and public institutions. State Land Board revenue entirely funds its operations, and the agency does not rely on tax dollars. The State Land Board’s Strategic Plan is used as a framework to guide the Board and Staff in achieving agency objectives and goals. Policy Statements 1) The Lands in Garfield County that the State is entitled to receive as a part of the federal

page | 42 their losses in litigation against the federal e) The name of each party to who the government, even when they have prevailed in award was made. their position. f) The name of each counsel of record Policy Statements representing each party to whom the award was made. 1) The arbitrary ceiling preventing Counties such as Garfield from recovering attorneys’ g) The name of each administrative law fees upon successfully defending its position judge, and the name of any other agency in litigation against the federal government, employee serving in an adjudicative role, should be removed. All entities, whether large in the in the adversary adjudication that or small should receive equal treatment under is the subject of the application for the the law. award; or the name of each judge in the case, and the court in which the case was 2) Garfield County supports the Open Book on heard. Equal Access to Justice Act, a bill that would require the Administrative Conference of the h) The disposition of the application for fees United States to prepare a report each year and other expenses, including any appeal on the amount of fees and other expenses of action taken on the application. awarded by federal courts to nonfederal entities when they prevail in a case against the i) The amount of the award. United States. j) The names and hourly rates of each 3) Garfield County supports the requirement attorney for whose services the award was that EAJA awards be paid from agency funds made under the application. and EAJA reform should curtail environmental laws suits brought by environmental litigation k) The names and hourly rates of each expert organizations. witness for whose services the award was made under the application. 4) Garfield County supports the following legislative reforms to EAJA particularly related l) The basis for the finding that the position of to improved reporting and use of the EAJA: the agency concerned was not substantially justified. a) The case name and number of the adversary adjudication or court case, hyperlinked to the case, if available. b) The name of the agency involved in the adversary adjudication or court case. c) The name of each counsel of record representing the agency involved in the adversary adjudication or court case. d) A description of the claims in the adversary adjudication or court case.

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page | 45 Draft Executive Order RESTORING THE RULE OF LAW AND FEDERALISM BY ENSURING COORDINATION WITH STATE AND LOCAL GOVERNMENTS Prepared By: Chaves County, New Mexico Garfield County, Colorado Kane County, Utah American Stewards of Liberty Fennemore Craig, PC Contact: Margaret Byfield Executive Director, ASL 512-663-3826 (cell) [email protected] 624 South Austin Avenue, Ste 101 . Georgetown, TX 78626 512-591-7843 . Www.americanstewards.us

page | 46 EXECUTIVE ORDER ------ RESTORING THE RULE OF LAW AND FEDERALISM BY ENSURING COORDINATION WITH STATE AND LOCAL GOVERNMENTS By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. (a) It is in the national interest to ensure that Federal departments and agencies work closely with the States and their local governments prior to making decisions and taking actions because they may have significant local and regional impacts on land and resource uses as well as State and local land use planning efforts. Local governments, in particular, are important units of government charged with planning authority and the responsibility to protect the health, safety and general welfare of the citizens. Effective and meaningful coordination between Federal agencies and the States and their local governments is essential to maintain the proper balance between the Federal government and the States, as envisioned by the Framers of our Constitution. (b) Meaningful coordination with State and local governments is especially important when Federal departments and agencies make decisions that involve federally owned land. The Federal government owns about 640 million acres of land, or about 28 percent of the land in the United States. Four agencies administer 609 million acres of this land: the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI), and the Forest Service in the Department of Agriculture. Most of these lands are in the West and Alaska. Over 61.2 percent of Alaska is federally owned, as is about 47 percent of the 11 coterminous western States. Moreover, Federal agencies often regulate aspects of land and resource uses occurring on non-Federal land. Consequently, the Federal government has tremendous impacts on State and local governments and their citizens. To minimize conflicts and support economic growth, Federal agencies should closely coordinate their land use planning and other regulatory actions with the States and their local governments. (c) Various Federal laws and agency regulations require that Federal departments and agencies coordinate with State and local governments for the purpose of ensuring that the issues and concerns of State and local governments are addressed and that their land use planning and management activities are harmonized with the planning, and management activities of Federal agencies. This Executive Order is intended to reinforce those obligations and to ensure that Federal departments and agencies recognize the important rights and interests of State and local governments under our Federal system of government and engage in effective and meaningful government-to-government coordination with them. 2

page | 47 Section 2. Government-to-Government Coordination Principles (a) State and local governments are elected representatives of the public and are authorized to carry out specific planning and governing responsibilities as expressed in their plans, policies and programs. Government-to-government coordination shall serve as the process to harmonize Federal, State and local plans, policies and programs. (b) In accordance with State law, local governments often must exercise their duties through an open public process that includes public meetings and participation of the governing board. In these situations, Federal agencies are required to engage in meaningful coordination with local governments through their public meeting process. All information that may be relevant to coordinating the objectives, plans, policies and programs of Federal and local governments shall be disclosed and discussed through a public meeting process, unless doing so is precluded by law. (c) Coordination with State and local governments is expected to be a continuing process. When new planning efforts or policy changes are being considered, the Federal agency shall contact State and local governments to ensure the concerns of State and local governments are identified early and are addressed as part of the decision-making process to avoid potential conflicts. (d) Prior to public comment on a plan, policy or program being developed or modified by a Federal agency, the Federal agency shall provide State and local governments with a written review document and shall incorporate into the Federal agency’s public document any determination by a State or local government as to whether the proposed Federal action will be consistent with the State and local objectives, plans, policies and programs. (e) Prior to issuing a final decision on a plan, policy or program being developed or modified by a Federal agency, the Federal agency shall provide State and local governments with a written document that describes the efforts that have been made to coordinate, identifies any issues or conflicts with State and local plans, policies and programs, and explains how those issues and concerns have been resolved in the final decision. Federal agencies shall make all reasonable efforts to achieve consistency between Federal, State and local objectives, plans, policies and programs and to address and resolve issues and concerns raised by State and local governments, unless precluded by Federal law. Section 3. Coordination on Actions Pertaining to Federal Land Planning and Management. (a) The Secretary of the Interior and the heads of DOI agencies that are responsible for managing Federal land, as well as the Secretary of Agriculture and the Chief of the Forest Service with respect to National Forest System land, shall coordinate their land use inventory, planning, and management activities of or for such lands with the land use planning and management plans, policies, and programs of States and local governments within which the lands are located, unless contrary to Federal law. (b) The Secretary of the Interior and the heads of DOI agencies that are responsible for managing Federal land, as well as the Secretary of Agriculture and Chief of the Forest Service with respect to National Forest System land, shall keep apprised of the land and resource use 3

page | 48 plans, policies, and programs of State and local governments and fully consider those plans, policies, and programs of State and local governments that are relevant to the development and implementation of their own land and resource use plans, policies, and programs, in accordance with section 2 of this Order. (c) In all cases, the plans, policies, and programs of DOI agencies and those of the Forest Service that concern the management or use of Federal land shall be consistent with relevant State and local land and resource use plans, policies, and programs unless a Federal law specifically requires otherwise. (d) In the event of a conflict or inconsistency between a plan, policy, or program of a DOI agency or those of the Forest Service that concerns the management or use of Federal land or resources and a plan, policy, or program of a State or local government, the Federal agency shall resolve such conflict or inconsistency through government-to-government coordination with the affected State or local government in accordance with section 2 of this Order, with the goal of eliminating such conflict or inconsistency and recognizing the rights and interests of the State or local government to plan for and manage land and resources within its jurisdiction. Section 4. Coordination on Major Federal Actions Under NEPA. (a) The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321–4370e, and the rules of the Council on Environmental Quality (CEQ) implementing NEPA, 40 C.F.R. §§ 1500–1508, require Federal agencies to consider State and local governments’ position on proposed Federal actions and to identify and avoid conflicts with State and local government objectives, plans, policies, and controls for the area concerned. (b) To facilitate coordination with State and local governments during the NEPA process, Federal agencies, when considering an action that might be considered a major Federal action within the meaning of NEPA, shall do the following: i. Provide written notification to each State and local government within the area affected by the proposed Federal action, along with a schedule of anticipated events, and invite each of them to coordinate on the proposed Federal action, at the beginning of the NEPA process in accordance with section 2. ii. The Federal agency shall review the land and resource use objectives, plans, policies, and programs of State and local governments. The results of this review shall be disclosed and discussed in the draft and final environmental analysis. The review shall include: (A) Consideration of the objectives of State and local governments, as expressed in their plans, policies, and programs; (B) An assessment of the interrelated impacts of these plans, policies, and programs, including any conflicts; (C) A determination of how the proposed Federal action should be modified to address the impacts identified; and, 4

page | 49 (D) Where conflicts are identified, consideration of alternatives for their resolution. iii. Facilitate and document all in-person meetings or other forms of communication, with State and local governments on the proposed Federal action, including, where necessary, open meetings that allow the full participation of the governing boards or commissions in the coordination process, as required by State law. iv. Document all relevant issues, concerns, or requests for additional information communicated by a State or local government during coordination, including any conflicts or inconsistencies between the proposed Federal action and any land and resource use plans, policies, and programs of a State or local government. v. Prepare a written report that discusses how the issues and concerns were addressed during the coordination process, including an explanation of how any conflicts or inconsistencies with any land and resource use plans, policies, and programs of a State or local government were resolved prior to finalizing the proposed Federal action. vi. Provide follow-up communication with any State or local government explaining how substantive issues and concerns, including any conflicts or inconsistencies with any land and resource use plans, policies, and programs of a State or local government, were resolved prior to finalizing the proposed Federal action. vii. Include in the Federal agency’s record of decision or equivalent NEPA document a discussion of all relevant issues and concerns communicated by a State or local government during the coordination process and how those issues and concerns were addressed prior to the final decision, including a discussion of how any conflicts or inconsistencies with a land and resource use plan, policy, or program of a State or local government were resolved. (c) To ensure that the coordination process is properly completed, each Federal agency shall appoint an official who is responsible for ensuring that meaningful and effective government-to- government coordination is completed in advance of the Federal agency’s completion of the NEPA process and the final agency decision. Section 5. Definitions. For the purposes of this order: “State”' or “States”' refer to the States of the United States of America, individually or collectively, and, where relevant, to State governments, including units of local government and other political subdivisions established by the States. “Local government” or “local governments” refer to the duly organized and legally recognized units of local government and other political subdivisions established by a State, such as counties and special districts, whose powers and duties are germane to the proposed Federal action. 5

page | 50 “Plans, policies, and programs” means the whole or a part of a statute, law, rule, regulation, ordinance, policy, plan, resolution, or other document of a State or local government that has been adopted by the entity’s governing body, is currently in effect, and sets forth the entity’s official position. “Agency” or “agencies” means any authority of the United States that is an “agency” under 44 U.S.C. § 3502(1), other than those agencies considered to be independent regulatory agencies under 44 U.S.C. § 3502(5). “Coordinate” and “coordination” refer to government-to-government oral and written communications between the authorized representatives of a Federal agency and the elected officials of a State or local government or their duly authorized representatives that are intended, in good faith, to identify, consider and resolve issues and concerns of a State or local government about a proposed Federal action, including conflicts with plans, policies, and programs of a State or local government. Coordination means the responsibilities of each government entity are equal, not subordinate, and therefore must be harmonized for effective governance. “Coordinate” and “coordination” do not include participation in the NEPA process as a cooperating agency or the submission of comments to a Federal agency during a public comment period. Section 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. 6