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Produced & Maintained by Idaho Mountain Express, Box 1013, Ketchum, ID 83340-1013 
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Copyright © 2001 Express Publishing Inc.
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For the week of August 15 - 21, 2001

  News

Idaho Watersheds Project confronts new obstacle


By GREG MOORE
Express Staff Writer

A recent rule change will hinder the efforts of Hailey-based Western Watersheds Project to eliminate cattle grazing on environmentally sensitive state range land.

During a meeting Aug. 7, the State Land Board approved a rule revision to require applicants for grazing leases to certify they will actually use the land for grazing. The Western Watersheds Project has outbid ranchers and acquired leases but left the land empty to allow purportedly overgrazed areas to recover.

The rule, which requires approval by the Idaho Legislature, can not go into effect until next summer.

The Land Board manages 2.5 million acres of Idaho School Endowment Fund land, and in leasing or selling the land earns about $50 million a year for public schools.

Jay Biladeau, Department of Lands assistant director for lands, range and minerals, said the new rule’s intent is to require applicants who want leases for a purpose other than grazing to identify that purpose.

"If you want to do something else, then we’re going to handle it under a different procedure that allows us to address that use," Biladeau said.

He said the department must determine not only the highest bidder for a parcel, but also the "highest and best use" of the land. He said Western Watersheds Project can still submit bids to lease grazing parcels but must request that the land be reclassified from "grazing" to "miscellaneous."

Western Watersheds Project President Jon Marvel, of Hailey, said the board’s recent decision shows that "the good ol’ boys are still in charge."

He contended the board’s goal is to prevent groups such as his from competing for leases.

Marvel said the Land Board has stalled on addressing previous requests he has made for reclassification of grazing parcels.

"If the board wants people to ask for reclassification, you should be able to get a hearing and a decision in a timely manner," he said.

The board’s move last week was the state’s second effort to block Marvel’s tactics. The Idaho Supreme Court ruled in 1999 that a so-called "anti-Marvel" law, which directed the Department of Lands to give ranchers preference in lease auctions, violated the Idaho Constitution.

The Legislature had granted the department authority to accept lower bids from ranchers on the grounds that cattle grazing adds to the state’s economy and therefore helps schools more in the long run. The court, however, said the department is obligated to manage the lands for the direct benefit of schools.

Biladeau said he believes the new wording will be safe from constitutional challenge. He said that in addressing benefits to the Idaho economy, the earlier law "really got kind of far afield, and I believe that’s why it was ruled unconstitutional."

Marvel, however, contended the board has once again "chosen to ignore its constitutionally required fiduciary responsibility."

"They’re not operating for the benefit of schoolchildren. They’re operating as agents of ranchers."

Marvel said he has not yet decided on a course of action in response to the new rule.


The Idaho Mountain Express is distributed free to residents and guests throughout the Sun Valley, Idaho resort area community. Subscribers to the Idaho Mountain Express will read these stories and others in this week's issue.