20 Spring 2017 Applegater
OPINIONS
River Right
Process? Fuhgeddaboudit
BY TOM CARSTENS
As a member of the North West
Rafters Association, Oregon’s oldest
whitewater association, I’m proud of our
safety record. Before we head out on a
club trip, we go over route procedures
and hold a thorough rapid briefing. We
also inspect each other’s gear to make sure
we are taking every precaution possible.
It takes a little time, but it’s worth it. It’s
a process.
Process is important. If the
process is right, usually the outcome will
be acceptable. This applies especially in
a representative democracy like ours.
Our republic, with all its warts, generally
depends on deliberative process and
compromise, often accompanied by
agonizingly slow checks and balances.
If you ask me, our founders got the
process part right. If an idea can survive
all that scrutiny and debate, it’s probably
going to work out all right. No kings or
dictators here.
We have at leas t one
exception to this on the books—
the Antiquities Act. In 1906, Congress
gave the president the authority to
“withdraw,” i.e., “protect,” certain
segments of federal land. No need to
consult with anyone. The original idea
was a quick fix to stop the looting on
Native American archaeological sites in
the southwest, “confined to the smallest
area compatible with management of
the objects to be protected.” Despite
good intentions, it wasn’t long before
President Roosevelt figured out that he
and he alone could decide the size of the
parcel that needed protection. Scrutiny?
Fuhgeddaboudit. Within two years, he
had summarily withdrawn over 800,000
acres, including the Grand Canyon.
Deliberative process? Fuhgeddaboudit.
Most subsequent presidents haven’t
been able to resist the seductive allure
of rule by diktat (exceptions: Nixon,
Reagan, Bush 1). Former president
Obama is the reigning champ of the
Antiquities Act. No shrinking violet,
“The Man with the Pen” set aside a total
of 34 monuments—more than 550
million acres. (1) Environmental Impact
Studies? Fuhgeddaboudit.
In the week before Obama left
office, it felt like a wild raft ride through
Rainey Falls. That galloping pen of his
took off again and whoosh! In one stroke,
he just about doubled the size of the
Cascade-Siskiyou National Monument
to around 114,000 acres. Economic
assessment? Fuhgeddaboudit.
The logic of the checkerboard
map of the expanded monument is
hard to follow (see below). And what
about all that private land (the white
squares)? I’m not sure I’d want to be
a landowner within those boundaries.
Who knows what mischief the feds will
OSGG working toward
cannaculture terroir
conjure up in the coming generations?
Ranchers are concerned. What about
water rights? It’s not mentioned in the
president’s proclamation, but we all
know that federal rights trump those of
the rest of us.
Here’s how Mr. Obama put
it in his edict: “All federal lands
and interests [italics are mine] in lands
within the boundaries described on
the accompanying map are hereby
appropriated and withdrawn from all
forms of entry, location, selection, sale,
or other disposition under the public
land laws…other than by exchange that
furthers the protective purposes of the
monument.”
I don’t really understand what all
that means, but it doesn’t sound good.
Federal “interests”? Menacing.
The boundaries also capture a fair
amount of land that had been reserved
for sustainable timber harvest under the
1937 Oregon and California Lands Act.
I’m sure someone will challenge this
peremptory change of land use, but I
doubt it will come to much. A presidential
land grab under the Antiquities Act has
never been overturned by our courts.
I guess Congress could revoke the
Antiquities Act. Fuhgeddaboudit. But
any president can diminish monument
boundaries. It’s been done 17 times
before. (2) Could happen.
However annoying, there was
some process, albeit pretty skimpy.
There were a couple of public hearings
and the testimony was sent to the White
House. Elected officials differed; their
opinions were also sent up the line. The
referenced scientific research is almost
impossible to find, but I have no doubt
that the critters are happy, jumping from
one checker space to the other. Anyway,
I suspect that the real motivator was to
stop any possibility of future logging
and mining.
Will the Bureau of Land
Management’s budget get the increase this
expansion warrants? Fuhgeddaboudit.
It’ll be the same old story: the vaunted
“better land management” never really
materializes, roads are decommissioned,
and fire risk accelerates.
Maybe we can figure out a way to
kayak in.
Tom Carstens • 541-846-1025
(1)
To see a list of Obama’s monuments
(with photos), google up “January 16
Business Insider Obama monuments.”
(2)
For a review of all monuments
and their histories, google up “NPS
Archeology Program” and click on
“Antiquities Act” in the menu, then
“Maps,” then “Monuments List.”
Cascade-Siskiyou National Monument Expansion
Original monument area
Expansion area
BY PETE GENDRON
Greetings from the Oregon
Sungrown Growers’ Guild (OSGG)!
As spring approaches and we set our
sights on our gardens and crops, we
see new things in bloom all around us.
One of the things blooming is a terrific
opportunity for developing recognition
of the Applegate.
The Greater Applegate Community
Development Corporation (GACDC)
and Rural Development Initiatives
(RDI) have been working on the brand
recognition that our quality products
deserve. From meat to dairy to wine,
our products are world-class, and, when
it comes to idyllic scenery and a rural
lifestyle, we stand out as exceptional.
The idea of branding is not new—
it’s a marketing tool used to distinguish a
product or service from the competition.
It is also used to define an area with
unique qualities and desirable attributes.
Anyone for Umpqua ice cream? How
about a trip to the Rose City? While it
may be obvious that Portland is a brand,
what about us?
Tom Carstens
With soil and climate conditions
carefully mapped and documented, we
have in place two cornerstones of the
establishment of the Applegate name.
Whether we are looking at internal
branding to bring tourism and support
local business, or external branding to
add value to Applegate products sold all
over the west (and through the Internet),
factors are at play that we can take charge
of now.
The OSGG is working at the state
level to have cannaculture terroirs—like
viticulture regions—recognized and
protected in the interest of supporting
our communities and small family
farms. At the same time, local efforts
like the Applegate Roadmap Project are
proceeding to ensure the integrity of the
Applegate brand for all of us, regardless of
the crop, product, or service we provide.
You probably already know
some of our members. We’re friends
and neighbors, responsible cannabis
cultivators who are members of the
See OSGG, page 24
Sources: Esri, USGS, NOAA