Environmentalists’ Public-Lands Enemy Number One
Congressman Rob Bishop of Utah wants to transfer federal land to the states, gut the Endangered Species Act, and eliminate the Antiquities Act鈥攁nd D.C. is starting to listen
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On a sunny day in early May, Secretary of the Interior Ryan Zinke hiked in southeast as part of a . At his right strolled a man dressed in shorts, loafers, and an uncollared shirt.听With his snowy white hair, the man could have been mistaken for a snowbird who鈥檇 wandered from his RV to check out the commotion鈥攗ntil he turned to a television camera.听
鈥淏ears Ears is a symptom of the problem,鈥 the man said tartly. 鈥淭he disease is still the .鈥澛
The man was Republican Congressman Rob Bishop of Utah, one of the biggest fans on Capitol Hill today of handing federal public lands over to the states and reducing environmental protections on them.
Bishop is chairman of the House Committee on Natural Resources, which oversees legislation related to everything from energy production and mining to wildlife and irrigation on America鈥檚 640 million acres of public lands鈥30 percent of the country鈥檚 estate. With Republicans in control of both houses of Congress, and with a receptive president in the White House, Bishop鈥攚ho has been trying to advance these policies for years鈥攊s in a better position now than ever before to achieve his goals.
He wasted little time in getting started. On the first day of the 115th Congress in January 2017, he engineered the passage of a rules change that exempted the sale of public lands from a longstanding House practice of 鈥減ay as you go,鈥 by which new costs must be offset by cuts or revenue increases. The change 鈥渂asically greases the skids to sell or give away any public lands, because it declares them to be of zero value,鈥 says Randi Spivak, public lands program director for the . In early March, to colleagues on his committee that laid out his priorities and thoughts for fiscal year 2018. In it, Bishop asked that $50 million be earmarked in an appropriations bill for conveying federal land to state, local, and tribal governments, though the funds have yet to be set aside聽and it's聽unclear if Bishop could get the money.
鈥淲e think of him as public lands enemy Number One鈥.(t)he leader of the anti-parks caucus in congress,鈥 says Alex Taurel, deputy legislative director for the . The environmental group has given Bishop a 2-percent lifetime rating. A March report by the Center for Biological Diversity labeled Bishop the Number 2 鈥減ublic lands enemy鈥 out of Congress鈥 435 members. (Utah swept the top three spots, .) Out of 84 bills identified by the environmental group as 鈥渁nti-public lands鈥 introduced in the House during the last three Congresses, Bishop authored or co-sponsored 30 of them.听
Bishop grew up in聽Kaysville, a town of 30,000 about 20 miles聽north of Salt Lake City.听His father had been a minor-league baseball player and his mother was a聽secretary with the Davis County Health Department.听A devout Mormon, he completed his聽mission in Germany in from 1970 to 1972; a聽copy of聽顿补蝉听叠耻肠丑听惭辞谤尘辞苍听still sits on the corner of his desk in his Capitol Hill office. Those who know Bishop say he is a man of deep conviction, both religious and political. Many weekends he flies home to Brigham City to see his wife,聽Jeralynn聽Hansen Bishop, a former Miss Brigham City, and聽to teach Sunday School.听The couple has five adult children, all named for figures聽in the Mormon Bible.
Even-voiced and downright quiet in private, those who have worked with him say Bishop can come alive聽before an audience, like the community theater actor he once was. (Bishop met his wife while playing the prince in a production of 鈥淥nce Upon a Mattress.鈥)聽For 28 years he stood before students, teaching high school in northern Utah鈥擥erman, American history, and government. He also coached debate, and has been known to play word games with his staff, accepting their challenge of working a 鈥榳ord of the day鈥 or a baseball metaphor into a speech he must give.
Baseball is Bishop鈥檚 passion. His office is a mini-Cooperstown. His father鈥檚 minor-league cap sits under glass. A jersey for the Salt Lake Bees, a minor-league聽team for the Los Angeles Angels,聽hangs on a聽coat rack. Nearby is a framed black-and-white picture of the first Congressional baseball game, a contest聽that is still played, he says. He still pitches on the office softball team but jokes ruefully that, at 65, he is now practically the mascot. (鈥淚鈥檓 not participating because they practice at six in the morning,鈥 he says. 鈥淚鈥檓 not doing anything at six in the morning that聽doesn鈥檛 involve my mattress.”)
Bishop was elected to the Utah State Legislature in 1978 and over the next 16 years rose; he served his last two years as the unanimously-elected Speaker of the House. Later, in 1997, he was elected chairman of Utah鈥檚 Republican Party and served for two terms. In a 2002 profile in the聽Salt Lake City Weekly, a former Republican colleague in the Legislature,聽Afton聽Bradshaw, recalled complaining to Bishop about some very right-wing members of the Legislature. Bishop listened intently, Bradshaw recalled to the聽Weekly. Then Bishop replied, 鈥淎fton, there's not a more conservative person in this body than me.鈥
That鈥檚 exactly what his constituents want. In 2002, voters elected him to Congress from Utah鈥檚 First Congressional District, which crowns the top of the state, running from the deserts by the Nevada border, east to the energy-rich聽聽next to Colorado. But the district also includes more urban Ogden and even part of liberal Park City. Utah鈥檚 1st District was the聽14th聽most Republican district out of the nation鈥檚 435 congressional districts, according to the聽. Its voters keep returning Bishop to Washington: the seven-term congressman has never won an election with less than 61 percent of the vote.听
鈥淚t鈥檚 not that we鈥檙e anti-government, it鈥檚 that we鈥檙e local government, and we want the control to be as local as possible,鈥 says Thomas Rust, chair of the聽, and who lives less than a聽mile from Bishop in Brigham City. 鈥淲e love Utah, we don鈥檛 want to just destroy it for money鈥檚 sake. We just want to control how it鈥檚 managed, what it鈥檚 used for.鈥
During his first several years in Congress, Bishop鈥檚 career was not particularly notable. He assumed a higher profile after in 2015, however, after his GOP colleagues voted him chairman of the House Committee on Natural Resources upon the retirement of Doc Hastings (R-Washington). Especially for those who live in the West, the committee鈥檚 work 鈥渢ouches almost everybody at almost every aspect of your life,鈥 says Alan聽Rowsome聽of the聽.
The chairman鈥檚 seat is a particularly powerful post from which to guide policy about public lands. Every bill in the House of Representatives must pass through a committee such as Bishop鈥檚 before it can reach the floor for a vote by all members. The party in power seats more members on the committee and also controls the chairman鈥檚 gavel. As chairman, Bishop controls the agenda and can decide which bills get a hearing and which don鈥檛. If a bill is introduced that Bishop聽doesn鈥檛 favor, he can bottle it up and ensure that it never sees the light of day. While the House鈥檚 GOP leadership ultimately decides which bills get a full vote of Congress, Bishop is a significant gatekeeper.听
The U.S. government owns and manages nearly half of the American West for the public, and Bishop firmly believes that Uncle Sam is a terrible landlord.听鈥淚 am an adherent to the concept of federalism,鈥澛燘ishop told 国产吃瓜黑料. 鈥淔ederalism implies a balance of power. But the whole purpose is to protect people鈥濃攑articularly from an overreaching executive branch that isn鈥檛 responsive enough to citizens, he says. To Bishop, there is no better example of this abuse than how presidents have wielded the Antiquities Act, the 1906 law that lets presidents declare buildings, landmarks, and places 鈥渙f historic or scientific interest鈥 on federal lands to be monuments, without the say of Congress or the public. 鈥淚f anyone here likes the Antiquities Act the way it is written鈥攄ie,鈥 he said to the laughter of members of the in 2015. 鈥淚 need stupidity out of the gene pool. It is the most evil act ever invented.鈥 聽
At least twice over the last several years he has introduced legislation that would gut the act. Bishop has encouraged Zinke and the Donald J. Trump administration to shrink or rescind recent monument designations, including lobbying the administration to remove commercial fishing restrictions in the Pacific Ocean鈥檚 .听On Monday, the Administration seemed to act on Bishop鈥檚 calls, when Zinke recommended to the president in an interim report that the Bears Ears monument be significantly reduced in size.听
Bishop told 国产吃瓜黑料 he is not against conservation. One of the two accomplishments he鈥檚 most proud of in Congress was the creation of , west of Salt Lake City, in 2006 to stop the creation of a nuclear waste storage facility. This was wilderness done right, he said鈥攆or a purpose, in collaboration with every property owner.听
Asked to expand on his philosophy toward federal lands, though, Bishop offered a startling argument for a congressman: he claimed that federal land in western states such as Utah may not even belong to the federal government, and thus the broader American public, at all. The former history teacher cited a variety of reasons based on esoteric points of American history and how the states entered the union.听鈥(T)here is both a constitutional and a statutory reason on why the federal lands are actually yes, the states鈥 lands,鈥 he concluded.听Bishop鈥檚 assertions have been echoed by fringe movements, implicitly and sometimes explicitly, from the 1970s Sagebrush Rebellion to those who side with Nevada鈥檚 scofflaw Bundy family and those who took over Oregon鈥檚聽Malheur聽National Wildlife Refuge.听
鈥淢ost legal scholars and public policy folks disagree with this assertion,鈥 , told 国产吃瓜黑料 after reviewing a transcript of Bishop鈥檚 full comments. In an email, Freemuth found problems with each of Bishop鈥檚 arguments. 鈥淲hat Congressman Bishop has ignored here is that each state, when it entered the Union, placed into the state constitution a Disclaimer clause鈥 in which it forever relinquishes claim to 鈥溾榓ll right and title to the unappropriated public lands鈥欌 within its borders, he wrote.
Bishop argues that giving states control of the lands within their borders is ultimately an issue of fairness. Utah, for instance, is nearly two-thirds federal lands. Lack of private property means little property tax to fund education. What鈥檚 more, the federal system that compensates such states for the absence of taxable private property is woefully underfunded, Bishop and even some of his critics agree. Giving a state more control of lands within its borders could mean more uses allowed on them鈥攆rom recreation to energy extraction鈥攁nd thus more tax revenue, he says.听
To critics, though, handing over the American public鈥檚 land to states聽just doesn鈥檛 make environmental聽sense. 鈥淭he state of Utah does a terrible job of managing the land it has,鈥 says Scott聽Groene, executive director of the聽. 鈥淭hey sold half of the land they were granted at statehood. They have trashed most of the land they still own.鈥 States neither have the money nor impetus for environmental protection, many critics say. When times grow tight, they argue, the temptation to sell off the land to the private sector is too great. Within the last two years alone, Utah has sold several parcels of state land to the highest bidder.
It is perhaps not coincidental that since Bishop assumed his chairmanship, campaign contributions to him from oil- and gas companies ticked up sharply in the most recent election cycle. While the energy-rich Uinta Basin lies in his district, energy companies that do business across public lands would stand to benefit from the success of his agenda.
Bishop has said he has no interest in despoiling the land, simply allowing locally-managed use of it. But others hear that as code for less regulation, more intensive use, more pollution, and more loss at a time when the natural world is already under the gun. Seen to its end, they say, Bishop鈥檚 vision would result in future generations looking out across a very different American landscape.
The popular image of the fight over public lands is environmentalists chained to bulldozers. Most of the decisive action on such issues, however, takes place in tall-ceilinged hearing rooms on Capitol Hill such as the one Bishop presided over one late-April afternoon. He聽sat in a high-backed chair at the head of an elevated horseshoe of desks,聽dressed in one of his trademark three-piece suits and nursing聽a Dr. Pepper, his chief vice.听His聽expression constantly shifted, like weather systems passing over the creased聽landscape of his face鈥攐ne minute an amused half-smile, the next minute a let鈥檚-get-it-over-with look of a professor presiding over a squabbling faculty meeting. Occasionally, there were flashes of the humor he is known for around Capitol Hill, which is frequent and bends toward the sarcastic. .听鈥淭error Lake,鈥 he said to Alaska Rep. Don Young, repeating the name of a water body named in a bill Young had proposed. 鈥淎 lake named after you?鈥 he ribbed his fellow Republican.
The day was the first of a two-day mark-up session, when wording of bills was debated, paragraphs added or struck from them. Every would-be change got a vote. Many bills on the docket were touted as improving the nation鈥檚 infrastructure, a buzzword in D.C. since Trump had pledged to fix the nation鈥檚 crumbling support systems during the presidential campaign.听
These bills would 鈥減rotect and improve our nation鈥檚 water and power infrastructure, spur job creation, and increase economic growth,鈥 Bishop said in his opening statement. At first glance, the bills seemed banal-sounding, harmless.听One bill, for instance, would exempt water transfers between Arkansas, Texas and Louisiana from the Lacey Act, a conservation law that makes it illegal to import, export or acquire fish, wildlife or plants that are transported in in interstate or foreign commerce.
鈥淲hat keeps me up at night are backdoor provisions that would undermine public lands.鈥
Look closer, though, and聽several of the bills would slyly reduce environmental regulations, claimed Arizona Representative , the ranking Democrat on the committee. That聽bill proposing a Lacey Act exemption would mean those states鈥攊n the service of quenching their thirst鈥攚ould let them legally pass invasive species from one lake or waterway to another, critics say.听 for permitting of new and expanding water projects, as Bishop put it. According to Grijalva, it would also waive requirements under the 聽and dramatically limit public input. NEPA is considered a bedrock environmental law and has been called the 鈥榣ook before you leap鈥 provision that projects must undergo. (Bishop .) Yet , would allow states and localities to dictate how federal lands are managed, Grijalva alleged.听
鈥淚 think we are seeing a thousand cuts, in a bunch of areas鈥 under Bishop鈥檚 leadership, and emboldened by a receptive president just down the Mall, Grijalva told 国产吃瓜黑料.
The next day during the ongoing session, Representative Jared Huffman of northern California, a Democrat, proposed an amendment to a bill. Others argued against it. Bishop called for a voice vote鈥攚ith ayes or nayes.听It was close. The amendment went to a roll-call vote. Huffman鈥檚 amendment lost鈥攁s did just about all other Democrat-proposed changes to the bills, on near-party-line votes.听
鈥淲hat we鈥檙e seeing is a more sophisticated approach鈥 to environmental deregulation, said Bobby McEnaney, senior lands analyst at the . McEnaney added, 鈥淲hat keeps me up at night are backdoor provisions that would undermine public lands.鈥澛
Indeed, as his January rules change showed, Bishop has been creative at times in trying to achieve his ends. Sometimes he has attached riders to must-pass bills (a tool that has been employed by both sides in the environmental debate over the decades).听One such example occurred聽in聽2016: as , Bishop attempted聽to attach a provision that would have transferred 3,100 acres of the 17,000-acre Vieques National Wildlife Refuge to Puerto Rico鈥檚 government. In ), which has raised more than $3 billion for recreation projects in every congressional district in the country, by taxing offshore oil and gas drilling; Bishop claims the program is 鈥渟leazy鈥 and a 鈥渟lush fund鈥 to reward environmental groups. He has been a chief critic in , calling it ineffective and overly burdensome and urging to 鈥渞eplace and replace鈥 the law.听
His efforts have often have fallen short. Bishop鈥檚 Puerto Rico provision was stripped, to gain enough support to pass the already-controversial bill. On LWCF, Republicans rolled Bishop and renewed the authorizing law for three years. 鈥淗e鈥檚 persistent, but incredibly ineffective,鈥 said Ra煤l Garcia, legislative counsel with .
This has not deterred him. 鈥淧eople are telling me, 鈥楴o you can鈥檛 do that,鈥 and I鈥檓 not accepting that,鈥 Bishop told 国产吃瓜黑料. 鈥淚鈥檓 basically obnoxious and stubborn.鈥欌 He is preparing to fight to retool LWCF again in 2018.
Those who sell Bishop short might do so at their peril, however. Bishop scored a victory on June 8, when Zinke , years in the making, that is designed to keep the imperiled greater-sage grouse off the endangered-species list. Sage-grouse once blotted out the skies of the inland West鈥檚 鈥渟agebrush sea.鈥 Now only a few hundred thousand remain, across 11 states, squeezed by energy development and wildfire. Zinke鈥檚 review is a nod to folks like Bishop, who says the federal government鈥檚 collaboration trampled on states' rights. In January, Bishop had re-introduced a bill that would hand many decisions about permitting of activities related to the birds鈥 recovery, such as oil and gas drilling and recreation, to states鈥攅ven on federal lands there.
Then there鈥檚 President Trump鈥檚 2018 budget, which reads like Bishop鈥檚 Christmas list, containing most everything the congressman has pressed for regarding public lands. Released in late May, the budget calls for more energy production, including in Alaska鈥檚 Arctic National Wildlife Refuge;聽it drastically reduces money for new parkland acquisition;聽it starves聽the federal land-management agencies; and聽it shrinks聽the management reach by those agencies, including by cutting their staffing. While Trump鈥檚 budget is bound to change significantly in the coming months, the message is clear: Bishop鈥檚 views are in ascendance.
It鈥檚 unclear how much success Bishop will have pushing his agenda through Congress, even with political winds at his back. Trump and Secretary of Interior Zinke seem receptive to many of his committee鈥檚 efforts. House Republican leadership, however, already has its hands full鈥攚ith the budget, immigration, and the president鈥檚 Russia troubles. GOP leaders may be less inclined to see Bishop鈥檚 priorities as its priorities, say Capitol Hill staffers of several environmental groups.
Consider . 鈥淚 thought that they would be more focused, more organized, more effective, more disciplined,鈥 Patrick Parenteau, professor of law at Vermont Law School and an expert on the act, said of its opponents. But Republicans so far have proven to be 鈥渢he gang that couldn鈥檛 shoot straight,鈥 Parenteau said. That could change. If lawmakers truly want to gut the law, 鈥渢hey certainly have the muscle to do it,鈥 he said. It would be costly, and bloody, however. The act is popular with the public, Parenteau said, and many Democrats consider the act 鈥渁 line in the sand.鈥 Though the Endangered Species Act probably faces the biggest threat in its history,聽Parenteau said, due to GOP antipathy on Capitol Hill toward the law, and the numbers to do something about it鈥攈e pegged the chances of it being wholesale repealed and replaced聽at 20 percent.听
As for Bishop, and how much longer he wants to keep up the fight, he told 国产吃瓜黑料 he wouldn鈥檛 stay much longer in the House. He has said elsewhere he isn鈥檛 interested in running for the Senate seat of 88-year-old Orrin Hatch. 鈥淚 have one more term after this that I can be chairman, and then I tell people that鈥檚 going to be it,鈥 he said. Republicans limit their chairmanship terms to six years, which means if all swings his way鈥攊f he鈥檚 re-elected to Congress, and if the body stays GOP-controlled鈥擝ishop could hold his chairman鈥檚 seat until 2020. He is fond of saying that he wants to depart the office with less power than when he arrived. 鈥淭hat鈥檚 federalism,鈥 he said.听
But for now, it would be unwise to underestimate him, said Congressman Grijalva, who has sat聽beside Bishop for 14 years. 鈥淏ecause his power right now is the ability to effectuate some of these things.鈥
It鈥檚 unlikely that the former actor will simply step quietly into the wings, but rather will keep pushing his agenda, with his trademark conviction, until the curtain falls.