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Aron Ralston protecting wild places and wildlife, for their sake – and ours June 2012 TWO BUCKS AN ACRE ave you got $2 in your pocket? imum bid for a minerals lease on federal HIf so, you could drop it on a lands. If a lease sells for that amount, it candy bar or a cup of coffee – or means there were no other competing on a one-acre natural-gas lease on bids; nobody else was interested. federal land. We always thought $2 an acre Well, maybe that’s not your thing, sounded low. We really started won- but the bargain wasn’t lost on the oil dering when, in 2008, leases on the and gas companies who leased up the nearby Roan Plateau sold for an average In this issue Rock-bottom lease bids raise further questions about plans to develop the Thompson Divide. Roadless Rule endgame 2 Avalanche mine victory 3 Thompson Divide, southwest of Carbon- of $2,084 per acre – a thousand times Rigged bids and drill rigs 4 dale. more. And you can imagine our surprise when, in response to talk about a pos- $2.5 million to save the In 2003, Houston-based SG Inter- sible lease buyout last year, company Thompson Divide 5 ests bought natural-gas leases totaling about 15,000 acres for the paltry price representatives suggested that SG’s Writing their own rules 7 of a candy bar per acre. To be clear, Thompson Divide leases might be worth Central Mountains time 8 the company didn’t buy the land itself $1 billion! Oil shale: not ready 10 – it only bought the right to apply for Well, now comes news that SG In- permission to drill on it, and it must pay terests and another company, Gunnison The Roan’s day in court 11 annual rent to maintain that right. Energy, engaged in illegal bid-rigging on All-new upcoming events 12 But still, two bucks an acre? Really? CONTINUED ON NEXT PAGE Donor hall of fame 13 It happens that $2 per acre is the min- Get ready for Naturalist Nights - see schedule, page 7 Wilderness Workshop Hike Series 9 Considering that about half these FROM PAGE 1 TWO BUCKS leases were let in violation of the Roadless Rule (see below), the fact at least four leases in the North Fork The Department of Justice says that TDC has made an offer for the Valley in 2005. (The whistleblower the companies were prepared to pay leases (page 5), and the generally in the case alleges that the compa- up to $300 per acre for at least one poor handling of lease procedures nies obtained a total of 22 leases in of the parcels, but by agreeing not by the BLM (page 7) – it all makes this way, including six in the Thomp- to bid against each other they got it you wonder, what’s the rush to son Divide area – see page 4.) for…that’s right, $2 an acre. develop? ROADLESS RULE ENDGAME We’re making a last-ditch effort to close a gas-lease loophole. n early May, the US Forest The May 2 release was followed For the record, here’s a summary I Service released the all-but-final by a 30-day final review – what of the shortcomings we see in the version of the Colorado Roadless WW staff attorney Peter Hart calls Colorado Roadless Rule: Rule – an inferior form of protection a “look-before-you-leap period” “Gap” leases. From 2001 to for the state’s roadless areas that we that allows for only very specific, 2006, when the original (federal) and our partners have been trying to demonstrably needed revisions. Roadless Rule was tied up in the improve for the past six years. Along with partner groups Earth- courts, the Forest Service allowed Administration officials promised justice and The Wilderness Society, the BLM to issue oil and gas leases that this state-specific rule would we focused our efforts on just one in roadless areas, including some in be at least as strong as the federal issue: clarifying the wording in a the Thompson Divide. These leases 2001 Roadless Area Conservation couple of passages to ensure that so- should have carried stipulations Rule that it’s supposed to replace in called “gap” leases will be treated prohibiting the construction of roads Colorado. We’ve continually held it the same in the Colorado Rule as within the roadless areas, but many to that standard, and with your loud they are in the 2001 Rule. Fixing didn’t. The ’01 Rule has since been and clear support, we’ve managed this wording is a major deal for us, upheld in the courts, but the status to get a Colorado since half the leases in the Thomp- of leases from this “gap” period Rule that’s a whole son Divide fall under this category. remains unresolved. lot better than what It could also protect the federal gov- Throughout the process we’ve we started with. But ernment from potential legal confu- asked the Forest Service to address it still falls short in sion and challenges down the road. this issue. Instead, the almost-final several important As of press time, we were awaiting rule punts on it – kicking the can ways. publication of the final Rule. down the road and forcing us to challenge projects on a case-by-case basis through a process that is struc- WW’s Peter Hart finds that a sheaf of rolled-up maps works turally biased in favor of the agency well for training lawmakers to do the right thing. He and and industry. Thompson Divide Coalition board member Jock Jacober “Upper tier” protections. traveled to Washington in April to discuss the implications Earlier in the process, the Forest of the new Colorado Roadless Rule for natural gas develop- Service, realizing that the public Jock Jacober ment in our area. was concerned that the Colorado 2 Wild Works | JUNE 2012 Rule was shaping up to be weaker than watersheds and “to maintain or restore” the federal one, introduced upper and ecosystems. THANKS lower tiers of protection. The idea was This exception was justified on the TO YOU... that, given the myriad exceptions in the grounds that the bark beetle infestation rule, to make it “on balance” as strong as may require emergency removal of trees. ere’s a short list of what we’ve been the 2001 Rule, some areas would have to But there’s now broad consensus among H able to accomplish in the past year, be given higher protections. local and agency officials that the limited with your support: Problem is, upper-tier protection resources available for tree removal applies to only about a quarter of the should be focused on areas adjacent to 4.2 million acres covered by the rule – homes, communities and critical infra- Energy that means three-quarters of Colorado’s structure. None of these exist 1.5 miles Kept the Thompson Divide free from roadless areas will now be managed to inside a roadless area. further gas leasing and drilling, while a weaker standard than under the 2001 Exceptions for coal mining. The supporting efforts for permanent Rule. Add in the fact that some upper-tier semi-final rule specifically allows “tem- protection. areas are already protected through other porary” roads for coal mining on 19,000 designations, and this Colorado Rule currently roadless acres in the North Fork Challenged oil shale and drilling on simply doesn’t balance with the 2001 Valley. Though the coal is mined under- the Roan Plateau. Rule. ground, roads are needed on the surface Sued to get better analysis of the Exceptions for logging. The semi- above to construct methane vents. That’s air-quality impacts of drilling in the final Rule allows logging up to 1.5 miles 19,000 acres of roadless land that’s being Colorado River Valley. inside any roadless area to reduce fuels, sacrificed for production of the dirtiest and for an unlimited distance to protect energy source. Wilderness Secured a wilderness proposal from AVALANCHE MINE VICTORY Sen. Udall spanning three counties and 235,000 acres. ollowing our recommendation, mit, extendable to 20 years if the mining F the White River National Forest in company can demonstrate that its opera- March decided to restrict operations at tions won’t harm the sheep. Forests & wildlife an alabaster mine in the Avalanche Creek The company has ap- Obtained a more wildlife- and valley to protect a struggling bighorn pealed, claiming that watershed-friendly travel management sheep herd. plan for the White River National Operators of the White The Forest Forest. Banks Mine had request- Service comes ed a 20-year permit to Helped steer wildfire/beetle projects operate year-round down on the side and funding to communities and away and around the clock. of the bighorns. from the backcountry. Noting that its deci- sion was “in response the restrictions make its business Recreation to the key issue raised about potential uneconomic. impacts to bighorn sheep during critical Protecting the environment doesn’t Launched a collaborative effort with winter periods,” Aspen-Sopris District necessarily mean just saying no. If busi- recreation groups to protect the Sloan Ranger Scott Snelson prohibited mining nesses are simply required to bear the Peak area, north of Woody Creek. between Dec. 1 and April 30, as well as environmental costs of their activities, Worked to ensure that recreational outside of daylight hours. Additionally, the market will fairly decide the out- hotspots like the Crown and Hay Park he granted only an initial five-year per- come.