Working landscape initiatinve, but asked to think about what was said in public meeting, including recurreing themes over past

SEPTEMBER 13 FIELD TRIP (Attachment 1)

The Taos Field Office hosted the Field Trip to the San Marcos Pueblo Archaeological site with the Galisteo Basin. RAC attendees Crestina Trujillo Armstrong, Jim Bailey, Mike Eisenfeld, Mickey Chirigos, Raye Miller, Mark Marley, Bob MoQuino, Joe Stell, Philip Cantu, Tony Popp, and Meade Kemrer. BLM attendees Paul Williams, Sam DesGeorges, Jesse Juen, Ed Singleton, Hans Stuart, Peg Sorensen and Theresa Herrera.

PUBLIC COMMENT PERIOD

Chairman Tony Popp opened the Public Comment Period at 6:07 p.m. and welcomed guests. Members of the RAC introduced themselves.

Isaac Medina, Espanola School Board, Alcalde

Marvin Brandstetter, Espanola Public Schools, Alcalde

Terry Covert, Espanola Public Schools Associate Superintendent of Finance, Espanola

Terry Covert said land is desperately needed in Alcalde because the elementary school library is sinking, and there is a crack in the gym floor. Alcalde is a growing community with no room for expansion: the federal government owns 90% of property there, and there is a main gas line they can’t build close to. The board hopes something can be done to acquire property from BLM. Two hundred students need a new school, and the board has money to buy it.

Marvin Brandstetter said during the last big rainstorm June 5 or 6, the library sank almost 3 1/2 inches. The floor is separating from the walls, and dampness will bring mold. They need to tear the library down so mold doesn’t spread, and move to a new place. They wanted to see if it was possible to acquire some BLM land so they can build before the whole school is condemned.

Isaac Medina said the other two schools in the area are full to capacity. When the board met with BLM staff a few months ago they were told it would take 3-5 years to acquire this land, but their children can’t wait that long. Sombrillo Elementary in the area is a new school being built on land acquired from BLM.

Terry Covert said five portables are coming from the state in late October, and will have to be placed on pueblo land. That is a Band-Aid fix.

Question/Answer/Comment

· BLM has been supportive. The preferred property is part of the San Sebastian Martin Land Grant, which can only be purchased at fair market value, by amending the management plan, or by a legislative solution outside BLM channels.

· Linda asked whether any other parcels not part of the land grant would suit. Mr. Medina thought not. He has gone through numerous private owners. Sam said all BLM land in that area was part of the land grant. Linda said normally they would make land available at no cost, but that appears not to be possible. Had they talked to Domenici or Udall about legislation?

· Mr. Medina said he was told it takes an Act of Congress, and 3-5 years. The school board is willing to buy at fair market value. Bob Varell would support them with extra money for building the school. Sam thought it could be done by sometime next summer, with scoping, NEPA etc.

· Would nine months work? Better than 3-5 years. Linda asked whether that could be agreed to. Mr. Medina asked that something be written. Linda recommended geophysical testing for the proposed land and at least one alternative site. She explained that nine months would give enough time for public comment, but that would be the shortest amount of time. Mr. Medina was sure he could get community support.

· Putting the school on the suggested land would raise land value¾a reason for community approval. Existing infrastructure includes water at the site, but not sewer, though it is close enough to tie in. Tony said BLM needs their help as community leaders to make sure people are behind them so this can be done quickly. RAC would represent them in the community if that seemed helpful.

· Max visited the site with Ron Huntsinger and this group. There is a NEPA document for water clearance, and other things on the drawing board. This would be supported. Education is one of the best things going, and these three people are really committed to making this happen. He thanked them.

Roberto Mondragon, NM Land Grant Forum, Aspectos Culturales, Santa Fe

Aspectos Culturales is a nonprofit preserving Spanish language and culture in NM, that produces bilingual education materials for schools, spanning language, history, folklore, music, dance and literature. Mr. Mondragon said his organization works to preserve values and traditions held close to heart by indigenous people and the Spanish who colonized NM. As people settled where water was associated with land, land grants were given. Therefore, some of the most important aspects of culture are land and water. He thanked the RAC for moving in the direction of providing land for the school as fast as possible. There could be no better way to utilize the San Martin Land Grant than building a school.

Question/Answer/Comment

· Tony appreciated Mr. Mondragon for thanking the BLM and the RAC, which he said is rare. Part of BLM’s mission is to help with these types of things. We might look long-term to see how such acquisitions can be done more quickly.

· Mr. Mondragon asked whether it would go faster if the county or school district declared an emergency. Linda said legislators can sometimes do such things quickly but they are at the end of their session and the November election takes precedence. She recommended visiting with legislators to see whether they might help this land exchange go more quickly, and asked to be invited for the ribbon cutting.

· Raye hoped that as the community grows other such areas might be identified earlier in the planning process.

· Mr. Mondragon said in Alcalde and Velarde people have had to move onto agricultural land. He hopes BLM and communities throughout NM can plan so that land good for growing isn’t overtaken by doublewides.

· Bob Moquino said there is a geologic fault through that area but not a major one. The problem with the school probably has to do with water subsidence.

· Sam thanked Mr. Mondragon for segueing into a topic of import to communities in the Taos area. The RMP scheduled for revision by 2007-2008 will consider community needs like expansion of water and sewer infrastructure. BLM will need community help to do that. The FO is trying to bring people together on the planning bandwagon. It hosted two community stewardship courses and there will be additional sessions on NEPA and planning.

· Max said in Spanish “you get more done with honey than you do with bile.” He met with the congressional delegation in 1998, when they said it would take a couple of years to get these land grant issues settled—and recommended working with agencies to figure things out. He said the government has been in confrontation with communities so they are finding new ways to work with issues and move forward.

· Mr. Mondragon said he sees Sebastian Martin not turning in his grave, but with a smile on his face for this way of using his land.

· The chairman closed the Public Comment Period at 7 p.m.

SEPTEMBER 14 RAC MEETING

CALL TO ORDER, WELCOME, OPENING STATEMENTS (Attachment 2)

Tony called the RAC to order at 8:13 a.m. and welcomed all. He mentioned that this was the last RAC meeting for five members so he hoped it would be as productive as possible.

Linda said she was pleasantly surprised about public comment. BLMNM is reorganizing statewide. During the Clinton administration, the three tiers of state, district, and resource areas for state and field were collapsed. Appeal/remediation for both public and employees came through the state director, which created a bottleneck. Also, about half of BLM employees are eligible for retirement within the next five years, and that structure change eliminated a layer of experienced staff to promote to higher management. Now, district managers will be put in place, but no cumbersome district staff. Steve Henke will direct a district based in Farmington FO that includes Taos FO. Ed Singleton will head the district out of Albuquerque FO that incorporates Socorro FO. Roswell FO will be a district office with Carlsbad reporting; and Las Cruces will stand alone. Ed Roberson will direct both those districts. Doug Burger, who has worked in Socorro and Farmington, and managed the Dakotas’ BLM office for several years, will manage Roswell FO. Carlsbad FO hired another former New Mexican, Tony Herrell. Linda hopes they will both be able to come to the next RAC meeting.

All government agencies are feeling the budget pinch. NM’s biggest reduction is in the area of biggest growth—recreation. A large volunteer force fills the gaps, but Linda is working with Washington to prop up that program. Some recreation sites may need to cut hours and services. BLM works for whoever is in the White House, with little flexibility because of the laws and regulations that guide the agency.

Sally welcomed RAC members to the state capitol on behalf of Governor Richardson. She has enjoyed traveling the state with RAC members, especially field trips.

Jim asked for the new managers’ resource management backgrounds. Doug Burger has an undergraduate degree in wildlife biology, and has held a series of BLM management positions. Tony Herrell has a degree in mining engineering, was a geologist and solid mining engineer in Roswell, and currently manages Ironwood National Monument in AZ.

RAC members thought the field strip was wonderful, especially the archaeological site. Linda said longer tours could be arranged for RAC members.

Nominations for new RAC members were submitted to the Washington office in June and scheduled to be announced September 20. Raye thought the RAC had sent a letter to the Washington office about timely RAC appointments. Theresa will call Raye if new members are not appointed September 20, and he will circulate a letter to RAC members before sending it to the Washington office.

During public comment, Mike was struck by the passion people expressed for things needed in their community, but was most interested in how it might be done in nine months. An appraisal can be done, with a land use plan amendment, barring complications like public comment, large number of sites, or disagreements over appraised values. It’s partly dependent on how well community representatives work. Sam said he explained to parents and the school board what options were available. They first need commitment from the school board on market value and willingness to work with BLM. Water, sewers, etc. will be a substantial package the community must provide. He thought the school board was not in consensus about steps to take.

Sally thought BLM could assist by putting clearly in writing what they will be required to do. Sam said an MOU usually lines out what each partner in the process needs to provide. Linda and Sam were both surprised that the board is willing to purchase the land. Jim said the San Pedro Mine agreement looked like a win/win. At the same time, equipment left there gave the impression that a lot of sites around the state have leftover equipment. Can we do better with such trash on public lands? We can always do better, but have systematically gone through active claims—worst first. That one had no hazardous aspects. BLM has made good progress. It just takes time.

Jim asked if there is control over cleanup and revegetation for new claims. Yes, it’s the more-than-10-year-old ones that are problems. This equipment was associated with an inactive gold claim.

Max was concerned that the school board wants land that was claimed by BLM from the Spanish land grant. Ownership was challenged by residents. There is a waste transfer station that might affect water. BLM needs to resolve issues about that piece of land before proceeding. Ron said the land was up for disposal and suddenly barriers arose. He wants to make sure people are treated fairly. Linda agreed. No less than 10 schools statewide are located on former BLM land. Ron Huntsinger misspoke when he said that land was available by RFP. Linda doesn’t know of any other way besides legislation or purchase. Sam said BLM is supportive of locating a school there. Title was acquired in 1938 through an act, and the land was put into restoration for grazing purposes. We need to focus on working with the community to move the project forward.

APPROVAL OF RAC MINUTES FROM LAS CRUCES, JUNE 2004 (Attachment 3)

Motion

Crestina moved to approve the minutes with the correction that RAC member Max Cordova should have been listed as absent. Joe seconded. Motion approved.

SIERRA/OTERO COUNTIES FLUID MINERAL LEASING PLAN

Ed Roberson, Las Cruces FO Manager

The Otero Mesa plan includes historic grasslands. BLM issued a proposed management plan and final EIS that started a comment period. The governor had issues with the plan, so they came out with a supplement, and Linda proposed that 34,000 acres of aplomado falcon habitat be withdrawn from leasing. The supplemental period ended. The BLM director has not yet responded to the governor’s consistency review, though protests and some state agencies were responded to. BLM sent a proposed record of decision to Washington, which will be finalized once the governor receives his response. They anticipate lawsuits from the environmental community. In the two counties involved, 250,000 acres are nominated for lease. Once the plan is out, BLM will evaluate those tracts. Reasonable foreseeable development is 1,600 acres disturbed and 80 productive wells of 140 wells drilled. One concern is whether black grama grassland can be restored. BLM is working with Jornada Experimental Range scientists on ways to improve restoration. There is natural loss of that grassland in the area too. The FO is working now on the two wells already drilled, getting a portion of those pads reseeded and fenced. The two Crow Flats wells were put to bed. Ed met with Otero County Advisory Board ranchers who observed and are satisfied with current attempts.

Question/Answer/Comment

· The NM Land Commissioner wrote a letter of support. The state has 80,000 acres under lease in that area and is looking at environmentally responsible development.

· NM OCD requires steel pits in the area. O&G developers will deal with cost and waste disposal.

· In the Permian Basin, about 100 wells have been drilled in the past 100 years, so foreseeable development needs to be based on that model rather than the highly productive San Juan Basin.

· Sally asked RAC members to read the governor's response to the Otero Mesa plan, available on the EMNRD website. She said it gives another perspective on a lot of issues that deserve consideration.

· Protection of fresh water and wildlife habitat are issues. BLM is consulting with tribes in planning efforts. Is 1,600 acres a real cap or will there be further development? Have impacts been adequately addressed? Balance is needed between state and federal issues, mandates and plans.

· Sally volunteered further information from agencies that cooperate with the governor.

· Joe asked the final result on size of sites, width of roads, etc. Is it business as usual? The plan requires no more than 5% of the 1,600 acres unreclaimed at any one time. BLM is working on monitoring with Otero County.

· O&G will need to address slush pits.

· Raye said his company testified against the proposal and considers it bad policy.

· The governor’s appeal addressed two valid technical applications¾directional drilling and closed-loop situations, but the industry says those are not technically feasible and too costly. The public needs education, and NEPA documents are a perfect educational opportunity. Does directional drilling mean more trucking? What are the costs? What are the ramifications? Time for more information rather than less.

· Max said there is little collaboration between agencies. Is BLM getting expertise from other managers? Linda said BLM works with USFS and other agencies, but USFS is not expert on this. Ed Roberson said they are using engineers and geologists from the Roswell/Carlsbad area. Farmington FO has a different geologic environment. Otero Mesa is an O&G frontier. Operators are looking for pockets as opposed to proven reserves and proven technological capability.

· Mike said the time to determine that is when specific sites are proposed. He recommended analyzing direct drilling and implementing alternatives where possible. It’s difficult to replant grama grass effectively and specific costs might change original planning on where things are sited. That key part of the puzzle is missing.

· Ed agreed that decisions would be made when siting occurs. O&G developers are aware of technology improvements that save time and money, e.g., twinned or triple locations.

· To clarify, black grama grass is a component of Chihuahuan grasslands. Jim said this is the only site of black grama grass in the US. We forget to look at the issue of rare vegetation and ecosystems that need protection. Linda said McGregor Range has extensive grasslands and so do other parts of the state because BLM and ranchers have taken care of them for decades.

INTERIM GUIDELINES FOR SPECIAL STATUS SPECIES PLAN AMENDMENT

Jesse Juen, Associate State Director (Attachment 4)

Jesse showed a map where dark lines indicated lesser prairie chicken and sand dune lizard habitat. Lesser prairie chickens are known to live in five states, while the lizard is restricted to NM and a few areas of TX. Both are candidate species through US Fish & Wildlife¾deserving of listing but precluded because other species are priorities. BLM is working with livestock producers, O&G companies and environmental groups to manage these species in concert with other land uses. Working groups have met for more than one year. BLM is moving into an RMP amendment that addresses those species. Interim management protects habitat and attempts not to preclude options.

There are four zones:

1. Occupied good habitat with intact use

· If not leased for O&G and minimally developed, would hold off till plan finished

· If leased, would require plan of development (POD)

2. Habitat either occupied or suitable for occupation

· If not leased, no surface occupation

· If leased, POD

3. Leased with impact though not significant, requiring POD

4. Fringe or not suitable—leased, business as usual

The key factor discussed by BLM and the O&G industry is to verify a base for common-sense decisionmaking. BLM proposes to hold leasing on sand dune lizard habitat not now leased, and to continue monitoring and land health assessment with permittees for livestock management. The plan also addresses recreational activity, and is a joint effort between Roswell and Carlsbad FOs. They are shooting for a 2-3 year process, signing agreements with counties, and holding community workshops. Interim guidelines were sent to constituents with explanatory letters.

Question/Answer/Comment

· Other states still hunt prairie chickens. An interstate prairie chicken working group is addressing habitat improvement, quantifying requirements and impacts.

· Jim said NM is the only state with a substantial area of public land prairie chicken habitat. He asked for a copy of the map and interim guidelines,

· In NNM, pinon loss is an issue. Are there management plans for leaving living trees and harvesting dead ones? Sam said Taos FO is issuing permits to harvest wood, and stewardship contracts are out for bid. Overall they are watching the change from P-J to juniper to grasslands.

· FFO is harvesting dead pinon and still thinning in areas of fire threat. There is some empirical evidence that areas thinned prior to beetle impact survived better, e.g., around Cuba.

· Sally said NM has initiatives underway. She invited the RAC to look at the EMNRD website for the governor's pinon initiative. EMNRD is working with partners on how to use thinned trees for community economic value.

· Mark hopes BLM will work with livestock producers on what the threshold should be. They’re watching to see agency response as ranchers increase livestock numbers following recent rains. Boundaries shown have expanded from initial discussion by the prairie chicken work group. They shouldn’t increase so much as to be onerous or antagonistic to livestock producers and O&G.

· Jesse said the working group indicated that best solutions lie in the hands of those most invested in end results. Boundaries are different from the core plan that the prairie chicken group worked on, but not from the interim plan. In some areas, mix of ownership is such that this plan won’t affect prairie chicken protection.

· Jim said in area 3 the birds are sparse and scattered. There’s been creeping loss of birds, now gone from more than half of historical habitat, so it is extremely important to pay attention in those areas. BLM should set the best possible example where private lands are included.

SIGNIFICANT ISSUES FOR FUTURE RAC INVOLVEMENT (Attachment 5)

Field Office Managers

Ed Singleton, Albuquerque FO

Growth in urban development is a growing problem that BLM needs RAC help with. AFO is building a shared office in Cuba with Soil & Water Conservation Service and USFS. An RFP is soliciting an engineer and architect, with construction underway by next spring. All rents will go to the S&WCD. Rain caused flood damage to EL Malpais and Tent Rocks. Drought is still evident in the Guadalupe, Casa Salazar, Cabezon area, e.g., along the lower Rio Puerco where there’s been no rain for seven years. All allotments are down in stock and a few have no stock. They have engaged the Department of Agriculture and Soil Improvement Task Force. Even though there’s no feed, BLM expects resistance to removing all stock.

Mark Lane, Socorro FO

Collaboration, especially as reflected in RMP revision, is a large issue. The FO is moving the EIS draft back, having to do with including Zuni Pueblo as a cooperating agency and applying to USGS for hard data on what they proposed. The cooperating agency endeavor is new to BLM and providing lots of “opportunities.” All partners are overwhelmed. They have held many meetings soliciting public input but few people attend.

Wild horses are an issue, and a new manual is being developed. Research shows that a herd needs 150 horses to be self-sustaining. Their herd has 50. BLM is working with permittees and other interests for a different management plan—expected to complete in about a year.

Question/Answer/Comment

· Issues for self-sustaining populations are demographic or genetic. This is genetic. Have the option of bringing in a small number of horses to maintain genetic diversity. But some want that herd’s characteristics maintained. University of Kentucky tested the herd’s genetic uniqueness about 1990 and there was danger of inbreeding. Gus Kaufmann suggested a herd with similar genetic characteristics be mixed in, but that was not done. The herd has characteristics similar to Spanish mustangs but also to domestic breeds like Morgans.

· Some albinism due to inbreeding is evident. The habitat cannot handle a herd of 100. Thirteen horses were introduced in the mid-to-late 90s. Preference for adoption is primarily for buckskin color and Spanish characteristics. There are about 273 cattle within the herd management area. A permittee may be able to give up part of his livestock allotment for more horses.

· This RAC recommended that RMP revision call for public input at all phases, not only through public meetings, but also through public working groups. Follow that policy.

· Zuni Pueblo is a cooperating agency concerned with Zuni Salt Lake protection. Other pueblos have been contacted. Bob would like a copy of the letter sent to pueblos, because there isn’t always communication among pueblos.

Sam DesGeorges, Taos FO

Taos FO hopes to have RAC involvement, maybe 2-3 members in a working group to start dialogue about envisioning the future. Taos communities are either surrounded by or adjacent to federal lands, so people live and die by BLM decisions. Dialogue needs to begin early. Taos FO hosted collaborative partnership training sessions that Crestina attended.

Several allotments became vacant, with clear guidelines for how they would be reintroduced. If 2-3 entities vie for permits, how do we decide? A working group could address that. Current proposal is to develop a prospectus outlining standards and criteria, and advertise.

A 30-year disagreement over occupancy of public land was resolved in May 2004, resulting in 90 days for the occupant to remove all belongings. If not accomplished the taxpayer would pay for cleanup and restoration, including recontouring, reclaiming and reseeding in time for winter moisture.

Question/Answer/Comment

· Crestina said the training she attended was extremely valuable and recommended that other RAC members go through it.

· Max asked to be on the Taos FO mailing list, and would encourage residents to attend meetings.

· The FO will reseed with a mix specific for that area.

Steve Henke, Farmington FO

Steve enumerated statewide issues the RAC might become involved with:

1. Develop a statewide strategy for heritage tourism, which may offer significant budgetary opportunity.

2. After the presidential election, there may be a window of opportunity to receive a modest proposal for wilderness designation.

3. Legacy wells in O&G patches in northern and southern NM need reclamation. Build consensus on strategies for addressing those sites that do not meet current standards. Priorities, funding opportunities, landscape basis decisions.

4. Reclamation/revegetation requirements vary between FOs. We’re caught in how-to rather than what sites should look like when rehabilitated. What stipulations would accomplish end results?

September 13-15, 2004

CALL TO ORDER, WELCOME, OPENING STATEMENTS (Attachment 2)