Legislating Wilderness: Align Planets First

By Larry LaRocco, 1-18-07

	Caption: photo by Andrew Kuraitis

Idahoans recently witnessed the demise of the Central Idaho Economic Develoment and Recreation Area (CIEDRA) proposal for the 109th Congress.  In spite of last-minute maneuvers by the sponsor, Congressman Mike Simpson, the bill did not pass Congress before adjournment. 

Essentially, CIEDRA passed just one chamber of the Congress on its legislative journey and fell far short of the President’s desk. 

A few months ago, as we waited for Senate action on CIEDRA and Idaho Senator Crapo’s bill protecting the Owyhee Canyonlands, a reporter asked me to comment on prospects for eventual enactment.  I stated that CIEDRA must move this year with a Republican Congress and White House.  That alignment of planets would be crucial for the goal - a signing ceremony - for it would all become moot if the majority changed hands in the House or Senate in the mid-term elections.  One Congress cannot bind another. And it turned out the Democrats now control the House and Senate.

The history for Wilderness legislation in the West leads one to believe that planet alignment is critical. 

Senator Frank Church authored the River of No Return Wilderness Act legislation in 1980. He shepherded the bill through a Democratic Senate and House with President Carter in the White House, ready to sign a bill.  It was a now or never moment for Idaho.  The planets were aligned. Wisely, Church made his move.  He knew full well the country was in a plate-throwing mood with the White House and Senate up for grabs.  In spite of his tough re-election fight, Idaho might have a long dry spell in protecting public lands if he didn’t develop the most comprehensive proposal possible. 

I remember one discussion with Senator Church about adding a sizeable roadless area to his legislaton that would enlarge the already established Selway-Bitterroot Wilderness.  Initially he demurred, but eventually he felt he should do all he could with the planets aligned.  I was honored to be on the floor of the Senate with him the day the bill passed that house.  Cecil Andrus was Secretary of the Interior, and he helped ensure President Carter was in a bill-signing mood.  The rest is history.

Then in 1988 the U.S. House and Senate passed a 1.3 million acre wilderness bill for Montana.  Every newspaper in Montana endorsed the proposal and it appeared that “certainty” on Montana roadless lands was in place.  However, the planets were not aligned.  President Reagan exercised a pocket-veto on the bill, and it died.  It remains the only statewide wilderness bill ever vetoed.  No wilderness bill has passed in Montana since 1988, in spite of numerous attempts.  Former Congressman Pat Williams introduced more than 16 wilderness proposals in his career.  Two passed, both before 1988.

Public lands legislation is never a slam dunk.  As a Member of the House Interior Committee, I introduced two Idaho Wilderness bills dealing with the roadless lands in the five national forests of Idaho’s 1st Congressional District.  Millworkers were pounding the table for “certainty,” and I pledged to work on a solution. I had successfully steered my Snake River Birds of Prey National Conservation Area legislation all the way to President Clinton’s desk for his signature.  The planets were aligned.....I thought....for wilderness legislation to finally break the logjam on half of Idaho’s roadless lands.  Democrats controlled the Congress and the White House.  Even after eight months of town meetings, editorial support and legislative hearings, the bill needed more time:  conservationists, the timber industry and other stakeholders were not in a deal- making mood; it was not to be.  In 1994, Congress changed hands and no attempt to statutorily protect Idaho public lands was made until Congressman Simpson and Senator Crapo stepped forward.

Interestingly, the planet alignment of a GOP controlled Congress and White House has been in place since 2001, but no bill creating certainty on Idaho’s roadless lands has ended up on President Bush’s desk.  That favorable scenario just ended.

The 110th Congress begins with a new Idaho governor who has been a vocal obstacle to the Simpson and Crapo approaches.  Similarly, newly minted 1st District Congressman Bill Sali is an outright opponent of the bills and receives counsel from an anti-conservation lobbyist who vigorously opposes the bills.  It’s safe to put Otter and Sali in the “not one more acre of Big W Wilderness” camp.  Senator Craig moves to the minority and showed he has not broken a sweat on either bill. 

Incoming Natural Resources Committee Chairman Nick Jo Rahall of West Virginia re-set the clock on Thursday, January 4th, and as new sheriff in town, will have his say.  He’s no Richard Pombo.  As the process begins anew, Rahall might opt to let the Senate go first, or he might insist on greener provisions in anticipation of a contentious conference between the House and Senate.  In any event, it will be interesting to read the testimony from Otter, Craig and Sali when the process begins. 

That trio may prove to be a collection of mis-guided meteors, and the dry spell on public lands legislation in Idaho could continue.