Monuments FOIA Update - Did Green Lobby Influence Treasured Lands Program in 2009?

Designated OHV Trail in Stonyford Monument

As many of you remember, HQ, BRC, Congress, and other access interests had concerns in 2010 about the now infamous leaked DOI documents regarding its “Treasured Landscapes Initiative” that proposed to designate National Monuments throughout the West.

Article on TLI and Monuments
http://www.sltrib.com/sltrib/news/50066713-78/salazar-bishop-listening-memo.html.csp?page=1

Based on those concerns that the proposal had been cooked up behind the scenes in smoke-filled backrooms with environmental groups, Don Amador, on behalf of BRC, filed a FOIA in February 2010 to see if those concerns were valid. That initial FOIA saga was filled with FOIA denials and appeals.

2010 FOIA Saga and Shell Game
http://thegeneralsrecreationden.blogspot.com/2010/06/national-monument-shell-game-continues.html

Then in June of 2010, Amador filed another FOIA to again try and ferret out any back door deals. Finally on Friday, May 13, 2011 (almost one year later), the BLM complied in part with the FOIA request. Under provisions of the “Deliberative Process Privilege of Exemption 5 of FOIA,” DOI/BLM redacted portions of the 405 pages of released documents. But, DOI withheld 2,016 pages of documents from the FOIA.


HQ has done an initial review and found that most if not all of the info was NOT relevant to the FOIA request. Our search was for evidence of where the agency had collaborated with environmental groups in 2009 while failing to include other publics and Congress in those discussions. No documents were provided that showed such enviro collaboration. Remember it was the agency’s narrative at the time that assured the public the plan was not unfairly influenced by the green lobby.

However, one email (dated 11/9/09) did reference a letter outlining thoughts from The Wilderness Society related to Salazar’s Treasured Lands Initiative.

Link to 11/9/09 Email in FOIA Response
http://www.sharetrails.org/uploads/FOIA_DOI_Response_May_2011_TWS.Jones0001.pdf

May 2011 DOI Partial Response to BRC FOIA
http://www.sharetrails.org/uploads/FOIA_BLM_response_May_2011_Stonyford0001.pdf

Did anybody really think the agency developed this plan in a vacuum without direct input from the green lobby? Don’t be ridiculous! It looks like the FOIA shell game continues because another FOIA appeal will have to be filed seeking a copy of the referenced TWS input.

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National Monument Shell Game Continues at DOI

The Recreation HQ continues its efforts to break down the Obama Administration’s “Wall of Transparency” regarding the stonewalling by the Department of Interior to not release documents related to the creation of the Stonyford OHV Obamument.

Rather than being the most transparent administration in American history, DOI and EPA seem to have perfected a paperwork version of the “shell game.”
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Case Study of EPA hiding Clear Creek FOIA’d documents
http://thegeneralsrecreationden.blogspot.com/2010/01/epa-violates-public-trust-at-clear.html

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Even Retired Land Management Professionals are asking for info

http://www.arra-access.com/site/PageServer?pagename=pmr_salazar_treasuredlandscape

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As some of you know, The General (in his role as western representative for the BRC) filed a FOIA on February 19, 2010 after some secret documents were discovered by
Congress.
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See February 19 BRC News Release with Letter to Congress and Link to Secret Documents
http://www.sharetrails.org/releases/?story=685&filter=media

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When DOI said they did could not find any related documents, The General filed
an immediate FOIA appeal
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March 28 Blog with link to FOIA appeal
http://thegeneralsrecreationden.blogspot.com/2010/03/obamuments-april-16-white-house.html
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On May 24 DOI denied the FOIA appeal (link to FOIA Denial)
http://www.sharetrails.org/uploads/FOIAs/FOIA%20National%20Monument%20Appeal%20Decision%20may%2024.pdf

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As BRC legal continues to review options regarding the FOIA denial, The General filed separate FOIAs yesterday on BLM, NPS, NLCS, and USFWS. Be assured that HQ will keep you updated on the continuing saga of the non-transparency of this administration as it relates to public land access.

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The Obamuments Saga Continues - Congress Takes Action

The Recreation HQ continues to object to the Department of Interior’s continued stonewalling of The General’s March 17 FOIA Appeal to obtain documents about the 3rd party dealings the DOI had with pro-Wilderness groups regarding the designation of Obamuments throughout the country including the Stonyford OHV Area in Northern California. This stonewalling is in conflict with DOI’s “Promise of Transparency” on April 7.

April 7 DOI Promise of Transparency
http://www.doi.gov/news/doinews/2010_04_07_news.cfm

BRC March 17, 2010 FOIA Appeal
http://www.sharetrails.org/releases/?story=689&filter=media

Based on the following action by Congress today, it appears that Western Legislators are also frustrated with DOI’s refusal to be forthcoming with requested information related to Obamuments.

April 13 Western GOP Resolution and Info on Obamument Issue
http://republicans.resourcescommittee.house.gov/News/DocumentSingle.aspx?DocumentID=180575

The General asks you to remain vigilant on this and other land use issues and thanks you in advance for your support.

Obamuments, April 16 White House Conservation Summit, and You

The Recreation HQ has been following the “National Monuments” issue with a keen interest. A lot OHVers and mostly legislators from Western States have sounded the alarm based on secret documents uncovered which showed a plan for the designation of what The General now calls “Obamuments.”

PHOTO: FWMC's Dale (L) and Randy (C) and CERA's Clark (R) on the Ladybug Trail a designated OHV trail in the proposed Stonyford Obamument

BRC Submitted a Letter to Congress regarding Obamuments on Feb. 19
http://www.sharetrails.org/releases/?story=685&filter=media

On that same day, The General (on behalf of BRC) filed a Freedom of Information Act (FOIA) request to see who was driving this plan. When he got a letter back from the Department of Interior that they could not find any information because they only looked on the Secretary’s desk – The General filed a FOIA Appeal and is still waiting for a response.

FOIA Appeal
http://www.sharetrails.org/releases/?story=689&filter=media

The Recreation HQ appreciates the phone calls that many of you have made to your Congressman regarding your concerns about the Stonyford OHV Area being named as a potential Obamument. Riders are lucky that Stonyford happens to be in the congressional district of Congressman Wally Herger – a champion of public land access.

Article on Cong. Herger’s Fight Against Obamuments
http://www.colusa-sun-herald.com/articles/acres-2049-tcnsyndication-federal-lands.html

Glenn County Joins Fight Against Stonyford Obamument
http://www.orland-press-register.com/news/county-5186-glenn-land.html

This story now gets even more complex with the unofficial announcement today in the LA Times of an April 16 White House Summit on the Great Outdoors to address national monuments, conservation, recreation, and other issues.

LA Times Article on Conservation/Outdoor Summit
http://www.latimes.com/news/nationworld/nation/la-na-obama-outdoors28-2010mar28,0,371471.story

As The General awaits a response from DOI on his FOIA appeal this week, it will be interesting to see just who from the recreation community will be invited to the April 16 Summit. If it is anything like the Obamacare summits, you will see “recreation” groups like Trout Unlimited, IMBA, the Rocky Mountain Elk Foundation, PEER/Rangers for Responsible Recreation and other pro-Wilderness organizations sitting at the table speaking for motorized groups like BRC, ISMA, ARRA, AMA, and United 4WD.

At this moment, the Recreation HQ is willing to give the Obama administration a chance to dispel our concerns about how the President will treat the legitimate voices for continued access to public lands. The HQ will know soon who is invited and that list will tell the story.

Stay tuned this week as Congress and the Recreation HQ continues to press the administration for Obamument documents that were obviously the product of many roundtable discussions between government agencies and preservation groups.

Thanks for your service and support!

EPA - Violates Public Trust at Clear Creek

I know a lot of riders are still trying to figure out just what the heck is going on behind the scenes regarding the BLM’s closure of CCMA. The General continues to believe the closure is politically motivated and is where the agency used flawed science and a non-artful public flim-flam to effect their desired outcome.

PHOTO: BRC's Don Amador (left) and SRMC's Ed Tobin riding trails at CCMA when it was open.

As some of you already know, BRC and other public interest groups occasionally file Freedom of Information Act (FOIA) requests on federal agencies to obtain documents not otherwise available for public scrutiny. This information is then used to help BRC and its members and other stakeholders understand how federal agencies make decisions.

As The General gets ready to attend the BLM CCMA DEIS public meeting in Santa Clara on Wednesday (having already attended the Harris Ranch meeting), he asks the question, “How can the public have any confidence in this public process when the EPA denies a FOIA request – when in fact there has been correspondence between EPA and other parties for a number of years?”

EPA FOIA Case Study Regarding CCMA. – Sent to both EPA/Wash and EPA Region 9
http://www.sharetrails.org/uploads/FOIA_EPA_CCMA_Case_Study_20100001.pdf

Full archive of BRC BLM/CCMA FOIA documents
http://www.foccma.org/foia/index.php

General EPA FOIA Information
http://www.epa.gov/foia/

Fortunately in this case, the BLM fulfilled their legal requirement to daylight information via a similar FOIA request and BRC obtained some EPA related documents. The same cannot be said about the EPA which - in The General’s opinion - violated the public trust.

The EPA’s refusal to share information with the public regarding their decision-making process at CCMA does not reflect kindly on the agency. It also undermines their credibility as the primary science-arm of the federal government.

BRC Sends FOIA Based Letter To BLM on Clear Creek

The General understands just how frustrated and angry many of the troops are regarding the interim closure of CCMA to all users. This issue has been very diffucult and there has been a lot of finger pointing and unwarranted accusations. Not productive or helpful in my book.

On May 6, 2009, BRC’s Don Amador filed a FOIA with the BLM (see FOIA request below)

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SENT ON BRC LETTERHEAD

May 6, 2009

California State Office, BLM
Lawrence Weitzel
FOIA/PA Coordinator
Federal Building
2800 Cottage Way/W-1834
Sacramento, CA 95825-0451
916-978-4409
FAX 916-978-4416
CA_FOIA@blm.gov
Re: Freedom of Information Act Request

Dear Mr. Weitzel:

This request for information is filed under the Freedom of Information Act. It is submitted on behalf of the BlueRibbon Coalition, a national trail-based recreation group.

BRC requests that a copy of the following communications (letters, emails, faxes, or memos) be sent to the address given below.

Those requested documents include any and all correspondence, or notes describing such correspondence or communications, between the Bureau of Land Management and/or Department of Interior and members of the public, other stakeholders, organizations, law firms, attorneys, other governmental or state land or regulatory agencies, and environmental groups which address (1) the issue of asbestos-related “agency liability” regarding continued public access to the Clear Creek Management Area (CCMA); and/or (2) threats of litigation or risks to human health associated with past or continuing human recreational access to the CCMA . We request information dated between January 1, 2003 and April 27, 2009.

As a 501 (c) (3) tax exempt non-profit group, BRC believes that it qualifies for a fee waiver under the Department of Interior’s FOIA regulations (43 CFR Part 2, Appendix D).

BRC publishes a monthly magazine for our membership and that publication is also distributed to Members of Congress, various land managers, and the media so they can better understand how federal recreation-oriented decision making affects our access to public lands and waterways.

Information received from FOIA requests and other sources is often used by BRC staff to prepare for testimony before Congress. In fact, I have used such information in my capacity as the Western Representative for the BRC in testimony before Congress – as an invited panelist -- regarding the Clinton-Gore Roadless Plan and the Boxer-Thompson Wilderness Bill.

BRC does not have any commercial interests regarding CCMA. Because of the aforementioned facts regarding how BRC will use information obtained by this FOIA request to help our membership, Congress, and the media better understand how the agency decided to close CCMA to all public uses while an environmental review process is completed, BRC again believes that it qualifies for a fee waiver.

I request that the information I seek be provided in electronic format, and I would like to receive it on a personal computer disk (or a CD-ROM).

I may be called at the telephone number listed below during business hours to discuss my request, if necessary.

Sincerely,

/s/ DON AMADOR

Don Amador
Western Representative
BlueRibbon Coalition, Inc.
555 Honey Lane
Oakley, CA 94561
Office: 925.625.6287
Email: brdon@sharetrails.org
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Today, BRC counsel sent a letter to BLM based on information from the FOIA. You will find a copy of the 22 page letter hot-linked into BRC’s News Release:

BRC NEWS RELEASE ON CCMA/FOIA
http://www.sharetrails.org/releases/media/?story=652

Thanks in advance for your continued patience and understanding during these diffucult times.
Stay engaged and involved. Don't give up.