We are an empire now, and when we act, we create our own reality…. And while you’re studying that reality—judiciously, as you will—we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out.’

That is indeed the way things seem to be sorting out today, in imperial America, under the imperious Trump, breakers of things. ‘The administration’ breaks a law in the process of creating Trump’s still vaguely formulated imperial reality. Citizen groups bring suit against his action, and the action is studied by judges in the context of the Constitutional rule-of-law, part of our existing (recently existing?) triumvirate reality of legislate-execute-evaluate, checks-and-balances, et cetera.

The judges tell Trump that he is exceeding his Constitutional authority, and he must undo most of what he has done. But by then he has distracted us from that by breaking something else in his chainsaw massacre of 250 years of American evolution, another action the judges must study and pass judgment on, thanks to suits brought by groups faithful to Constitutional reality.

But Trump ignores all of their judgments by appealing them, as he continues to commit actions reshaping reality and warranting further judicial study. And the Constituttional reality we’ve taken for granted for 250 years suddenly begins to seem somewhat less real than it was back in good old 2024. When we should have known better – but those damn grocery prices, and Trump promised that on day one…. Well, fool us once, shame on the fool; fool us twice (or fifty or a hundred times), shame on us.

So on to damage control. Today I want to look at the unfolding situation with the nation’s public lands – always a sore spot with many true conservative Republicans from western states as well as Trump’s Repugnicans. The map below shows the situation – more than 630 million acres of public land, most of it by far in the West: small dots and patches of it east of the Great Plains, but vast swaths west of the plains. This land is our land, as the song says, but how the composite ‘we the people’ can or should relate to and live with this land has been an ongoing debate at all levels of governance for more than 250 years.

You’ll quickly note from the map above that public land is almost half of what we call the ‘Intermountain West’ – the region between (and including) the Rocky Mountains on the east and the Sierra-Cascade ranges on the West. The importance of these particular public lands and their resources extends well beyond their actual geography. Most all of the water for the Colorado River, for example, starts on public lands in the green areas (National Forest lands) in the states of Colorado, New Mexico, Utah and Wyoming, and nurtures the entire River Basin and some out-of-basin extensions all the way to southern California. Coal trains continue to rumble eastward from Wyoming, Utah and Colorado carrying low-sulphur coal to the remaining back-east coal-fired power plants – and the Trumpsters want to make coal great again (‘clean, coal’ of course). Trucks roll down from the public’s mountain forests carrying 150-year-old spruce logs like we will not see again for four or five generations, if then, destined for suburban housing – and the Trumptsters want to increase logging from those lands by 25 percent.

But what I want to focus on today is the yellow land on the map, the Bureau of Land Management (BLM) land that makes up around half of the Intermountain West, and a large portion of the Colorado River Basin, mostly below 8,000 feet elevation. The BLM is a bureaucracy in the Interior Department, I’ll remind you, charged with managing all of the public lands that have not yet been designated for more specific uses, like National Forests or National Parks.

This gets the BLM nicknamed the ‘Bureau of Leftover Management,’ but that misses the real picture. The BLM lands do include a lot of brown or just barren land that makes one think nature is still trying to figure out what to do with it. But the BLM lands also include a very diverse and often spectacularly beautiful array of ecological landscapes from which areas are regularly designated (and sometimes undesignated then redesignated) as National Monuments (28 of them now on former BLM land), Wilderness Areas (221), and more than 600 others areas designated as part of the National Conservation Lands, including National Scenic Rivers, National Scenic and Historic Trails, and,refuges for various threatened and endangered species. There are treasures yet to be discovered, and either used or protected from use, in the BLM lands.

Significant segments of this land made the news recently when my congressman, Jeff Hurd of Colorado’s Third District (the West Slope, headwaters of the Colorado River), introduced a bill for a ‘Productive Public Lands Act.’ Rep. Hurd, I will note, occasionally behaves more like a true Republican than a Repugnican. He was one of the few Republican congressmen brave enough to voice disapproval of Trump’s pardon of all the January Sixth rebels. Most recently, he was the only Republican to vote against the suspicious sale of some BLM lands in the vicinity of ‘growth hot spots’ in Nevada and Utah. He has shown some spine in not drinking all of the Trump koolaid.

But the ‘Productive Public Lands Act’ bill, and the language used to sell it, are pure Trumpish bullshit. I will let Congressman Hurd speak first for it: ‘This bill would force the Bureau of Land Management to reissue nine Biden-era Resource Management Plans (RMPs) which locked up access to viable lands throughout Colorado and the West. A reissuance of [the Trump-era] RMPs will put us on a path to energy dominance allowing for a more secure and prosperous United States.’

A colleague in the Western Republican Caucus, California Congressman Doug LaMalfa, chimes in: ‘The Biden Administration was hell-bent on locking up public lands, threatening the prosperity of rural economies across the country…. Fortunately, a new era has dawned, and we have the opportunity to reverse these lockups and reinstate the multiple-use mandate on America’s public lands.’

That’s raw meat to the Trump base, but it’s also disinformation of the sort that sounds good to the uncommitted but under-informed – and most of us are somewhat under-informed on the public lands. ‘Multiple use’ – who can object to that? Especially if Joe Biden was trying to ‘lock up’ the pubic lands and threatening our rural prosperity!

But as usual the barefoot lie has legs and runs off in all directions while the truth is still pulling on its support hose. The nine Resource Management Plans in question were not created by President Biden and his ‘deep state’ cronies in Washington; they were created in accord with the rule of law, in this case, the Federal Land Management and Planning Act (FLMPA), passed in 1976 in a couple of remarkable decades of what might be called ‘eco-populism’: a nation of people deeply concerned about the growing impacts of a century of unbridled industrial capitalism supercharged by fossil-fuel technology – acid rain killing the forests, industrial pollution killing the rivers, out-of-sight-out-of-mind buried barrels of unidentified stuff killing people drinking from aquifers. The people elected Congresses in the 1960s and 70s that – imagine this! – actually addressed the people’s concerns with legislation that began to change the game; tempering the enthusiastic power to change the planet with a growing sense of responsibility for the changes being wrought, and their consequences.

Passage of the FLMPA in 1976 marked a major step in the evolution of public land management – which did not even exist overall until after World War II. From the 1780s until 1946, all of the new nation’s undesignated lands were under the U.S. General Land Office, which essentially had one purpose: to get as much of that land as possible into private hands as soon as possible, through vehicles like the 1864 Homestead Act, the 1872 General Mining Act, and others going back the 1787 Northwest Ordinance. The American expansionist vision was a land full of rugged American individuals, farming, mining, logging, stockgrowing, all with their own piece of land, and all living in modest decentralized self-sufficient communities that would be the safely dispersed foundation of American democracy.

But by 1900 we were beginning to take ever-larger segments of the public lands out of Land Office control, realizing that cheap land was often getting treated cheaply. Congress began setting aside National Parks and Monuments, beginning with Yellowstone in 1872. In the 1890s presidents began establishing ‘Forest Reserves’ to protect valuable forest land from ‘timber miners’; early in the 20^th century these became National Forests, and were moved administratively to the Department of Agriculture, with rangers to protect them and set up grazing fees and timber sales.

Charging for uses on the unclaimed public lands that had basically been used free was not popular (still isn’t), but there was a grudging acknowledgment that management was probably necessary. This was affirmed in the 1930s when a group of Colorado ranchers worked with their congressman Edward Taylor to create the 1934 Taylor Grazing Act, and 80 million acres were withdrawn from General Land Office disposition to be managed by a new Grazing Service – with fees for users.

That paralleled another big cultural change happening in America through the first half of the 20^th century: rural Americans were moving to the cities; around 1920 the growing urban population passed the declining rural population, and while the nation still paid lip service to the ‘family farm,’ there were few people going out to homestead on the public lands. Instead, an increasingly well-off and mobile urban ‘middle class,’ with two-week paid vacations, rediscovered the public lands as a resource for recreation, relaxation and renewal; they wanted the public lands to stay forever beautiful, spectacular, adventuresome – and accessible.

These two changes led to the Grazing Service and the General Land Office being quietly combined in 1946 into the Bureau of Land Management – with the Land Office gradually fading into irrelevance: the United States were no longer in the business of selling off national treasures cheap.

What we see in this evolution is a nation of people gradually waking up to the reality of needing to begin taking responsibility for the consequences of a century of enthusiastic exploitation. The final step came 30 years later with the Federal Land Management and Planning Act in 1976 noted earlier – following the foundational National Environmental Policy Act of 1970. NEPA mandated that any project involving federal funding would be preceded by a full environmental impact analysis: we will look before we leap. And if it involved public land, it would have to fit in with developed Resource Management Plans, and some larger projects would have to do their own RMP. This was tedious, difficult, often contentious work – but essential to serious democratic governance. Impatience with this hard work is the first seed of submission to tyranny.

The Resource Management Plans for public lands are all required to have two components. One is planning for multiple uses – all the uses practiced or potentially practiced on the land in question had to be fit into the overall purposes of each plan. The other requirement is public participation at every stage of the process, from all groups with a practical or potential use interest in that land.

‘Multiple use’ does not mean ‘everything going on everywhere’; it means determining how much of every use represented at the table can go on with reasonable accommodation to every other use, and where in the planning area it should happen. There are land and resource uses that are compatible with other uses, and there are uses destined to be the only thing happening in specific places. Mining/drilling, logging, and intensive farming are obviously single uses on any given piece of land, while grazing and hiking and some conservation uses can all go on in the same area, with reasonable accommodations to each other. And the ‘mandated’ public participation means that all would-be users will be heard from in the planning process – participate or shut up.

I can’t speak to all nine of the Resource Management Plans that Hurd and LaMalfa want to repeal, but I am quite familiar with one of them: ‘The Gunnison Sage-Grouse Record of Decision and Approved Resource Management Plan Amendment, dated October 2024.’ This is a RMP to try to save a subspecies of Sage Grouse that has been listed as ‘Threatened’ by the U.S. Fish and Wildlife Service, under the Endangered Species Act. Without going into the multiple decades of detail, this plan was worked out among ranchers, outdoor recreational users (both motorized and unmotorized), fishermen, environmental organizations, scientists, local government representatives, state and federal agencies, industrial reps when relevant, and citizens just interested.

There are places in the basin where some of the single-use land users are indeed ‘locked out’ for restoration needs, but this is not ‘Joe Biden locking them out’; this is the people establishing priorities based on difficult efforts to balance economic and ecological needs, in places at least as dependent on recreational uses as extractive uses. Biden’s only relationship with the whole process was to give the rule of law (FLMPA/NEPA) his blessing, and the time and space it warrants to get it hashed out down on the ground where the problem shapes lives.

To hammer the point home, in case you don’t get it – This is not an absence of ‘multiple use planning’; it is a stellar example of it. The RMP has been worked out over the past two decades by multiple users of landscapes shared with a threatened species who are all willing to try to live with the plan – the kind of local governance that was once celebrated by ‘Main Street Republicans’ (as opposed to ‘Wall Street Republicans’). I expect the other eight plans have somewhat the same rooted authenticity.

So long as we have the legal mandate to do this, and the local patience and will to work it out in our down-on-the-ground reality, we have not yet fully succumbed to the imperial ‘created reality’ that Trump and our local Congressman want to impose on us.

The next logical step here is to ask whether the poor oppressed oil and gas industry, which the Repugnicans want to ‘liberate’ through the Productive Public Lands Bill, really needs liberating – which requires looking at what they can and cannot do now, and whose fault that is or isn’t. But I’ve taken so long here in providing some background for that discussion that it’s time to give you a breather. I’ll be back with the rest of the story in a couple weeks. Stay tuned.

Meanwhile, I’ll leave you with this irrelevant reflection on Trump’s rejection of the low-flow showerhead:

Trump had to challenge the showerhead law
For his beautiful hair which keeps us in awe
It has to be properly wetted
To get that wave so beautifully setted
So a low-flow shower law gets the chainsaw.

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