By Andy Kerr
Abstract
A new legislative
strategy is proposed that synthesizes the best of
existing strategies and can garner a critical
mass of support among various conservation
factions and the American voters. Compared to
existing legislative proposals, Big Wild has the
highest probability of being effective, both
ecologically and politically. The area that could
be covered by Big Wild (Phase I) is approximately
200 million acres of federal public lands across
the nation administered by the Bureau of Land
Management, Fish and Wildlife Service, Forest
Service, and National Park Service.
The public land
conservation movement isat long
lastpoised to move from an almost
exclusively defensive legislative posture to a
primarily offensive posture.
Unfortunately,
conservationists are factionalized behind
differing strategies. Public land activists have
been balkanized in these camps for several years,
so it is unlikely that any current legislative
approach will gain enough converts from the
others to achieve the necessary mass of
conservation community support. Even if critical
mass were achieved for one approach, inherent
flaws in all the current strategies would likely
result in ecological and/or political failure. In
defining success, both ecology and politics must
be considered. This paper attempts to contribute
to the debate and recommend an approach that can
coalesce enough conservation community support to
be successful. (1)
Ecological Realities
versus Political Realities
Science, in particular
the discipline of conservation biology, is
stressing conservationists. If we are to ensure
functioning ecosystemsboth across the
landscape and over timethe amount of
protected land needed (in core reserves,
corridors, and buffers, and with large
carnivores) is much higher than present politics
will accept. The sum recommendation of this new,
yet very defensible, science is that at least
one-quarter of the continental landscape must be
in very strong protective categories, one-quarter
in restrictive management that strongly favors
conservation, and one-quarter in somewhat
restrictive management that leans toward
sustainable development. For some ecosystems, the
first requirement (very strong protection) rises
to 75%. (2)
Ecological realities and
political realities are equally real; the
difference is that ecological realities are
immutable. Political realities are mutable, but
only if: (1) conservationists are smart and
effective political activists; (2) the general
public cares and acts; and (3) the opposition
isn't as smart and effective as conservationists.
Conservationists must
both slow the rate of biological extinction
(using defensive measures for temporary delay)
and speed the rate of political transformation
(using offensive measures for permanent change).
We must look to our past to see what has worked
(and why) and also be creative in pioneering new
strategies.
Non-Legislative
Approaches to Wildlands Protection
Conservationists'
efforts in public education, grassroots
organizing, administrative advocacy, Endangered
Species Act listings, litigation, agitation,
civil disobedience, etc. must all continue
irrespective of what legislative strategy is
undertaken. Properly executed, these tactics can
approachbut not reachzero extraction
of timber, minerals, and grass from public land
(as well as reductions in off-road vehicle
abuse).
Recent significant
reductions in public land timber cutting and/or
livestock grazing, especially in the Pacific
Northwest and Pacific Southwest, make it an
excellent time to seek to convert administrative
and judicial gains into permanent legislative
protection.
Legislative Strategy
Current legislative
approaches to public land protection can be
placed in six categories:
- Traditional
Wilderness Legislation;
- Zero-Cut
Legislation;
- Forest Management
Reform Legislation;
- Agency Reform
Legislation I: Better Statutory Guidance;
- Agency Reform
Legislation II: Better Bureaucratic &
Economic Incentives;
- Annual
Appropriations Efforts.
Traditional
Wilderness Legislation. This is the tried and
(formerly) true method of public land
conservation, having been the preferred technique
of the conservation movement since the passage of
the Wilderness Act of 1964. Traditional
Wilderness bills were enacted even throughout the
Reagan administration, but began to decline in
effectiveness in the Bush administration. Almost
none have passed in the Clinton administration.
Only one major bill, the California Desert
Protection Act, has passed in the 1990s. (3)
The lack of recent
Wilderness designations is primarilybut not
exclusivelyattributable to the Congress
changing from Democratic to Republican control.
The congressional Republican leadership is
infested with anti-Nature westerners. However,
other factors have contributed to our lack of
success in enacting traditional Wilderness bills,
including, but not limited to:
- the opposition has
become more organized and effective;
- as Congress turned
against Nature, the conservation movement
has had to spend more resources on
defense rather than offense; and,
- traditional
Wilderness bills are no longer the only
game in town.
Since 1980, most
Wilderness bills that have been enacted were done
so as state bills. This trend has tended to vest
more power in a state's delegation than was held
previously. Given the anti-wilderness prejudice
that exists among many western legislators, such
bills are going nowhere today.
Some regional bills,
like the proposed Northern Rockies Ecosystem
Protection Act, are multi-state bills, in part to
make them national, rather than state, issues.
Unfortunately, the scale of the combination
results more in unifying a few bad state
delegations than creating a large enough
congressional coalition to overcome opposition.
The strategy behind some other state bills (e.g.,
America's Redrock Wilderness Act to designate
Utah Wilderness) is to make a state's unprotected
wildlands a national issue.
History has shown that,
with two exceptions, single-state Wilderness
bills do not pass into law over the objections of
the senior senator from the affected state. Only
the Alaska Lands Act of 1980 and the Tongass
Timber Reform Act of 1990 were enacted over the
objections of a state's congressional delegation.
Both times, all three members of the state's
delegation were in the minority and not well
respected in Congress; today these same
individuals hold committee chairs.
Although America's
Redrock Wilderness Act is a national conservation
issue (witness the executive order for the Grand
Staircase-Escalante National Monument during the
1996 presidential campaign), a political
stalemate effectively exists. Conservationists
cannot enact a bill into law that the Utah
congressional delegation opposes, nor can that
delegation pass a bill the conservation community
doesn't want. It's one thing to get senators from
other states to filibuster to kill a bad
Wilderness bill supported by that state's
delegation (as has been done for Utah), but quite
another to pass a good bill over the objections
of a state's delegation. While most apparent in
Utah, such stalemates also exist elsewhere,
especially in western states with solid
Republican delegations, including senators that
are committee or subcommittee chairs.(4)
Zero Cut
Legislation. Zero Cut, or more accurately,
the end of commercial logging on public land, is
a developing campaign. It is absolutely the right
goal. However, it is not legislation that will
likely be enacted into law anytime soon. It was
first introduced into Congress in 1995, and is
now known as the National Forest Protection and
Restoration Act.
Pictures of clearcuts
have great effect on a select portion of the
conservation community and the public. Such
images, along with the fiscal folly of public
lands logging, motivate some activists to exhibit
great commitment to the Zero Cut cause. From a
political standpoint, however, it is
fundamentally a negativerather than a
positivemessage, campaign, or goal.
Zero Cut is very
unlikely to be enacted into law in one fell swoop
because while it flames the passions of a highly
committed group of activists, it will not achieve
deep and wide support within the conservation
movement. Internal division within the
zero-cut faction is not helping
matters and will in all likelihood continue,
given the nature of their passion.
Recast into a more
positive theme, ending all logging on all
National Forests doesn't sound extreme to the
American public. However, it is perceived as
extreme to politicians. Those who rely
exclusively on national polling data to develop
and execute a political strategy make the
fundamental error that the only factor affecting
a politician's position and actions are national
polls. In fact, many other factors influence
politicians, such as the:
- position of
opponent in the next election;
- polling information
relevant to one's own constituency;
- special interests
that must be heeded due to campaign
contributions or political power with the
elected official's constituency; and
- relative political
strength and weakness of movements
holding the majority or minority view on
an issue.
If opinion polls ruled,
abortion wouldn't be an issue and guns would be
controlled.
Additionally, to pass
Zero Cut, the conservation community would have
to expend significant political capital (which we
may not have or wish to spend) saving
a huge amount of already clearcut land.
Forest Management
Reform Legislation. Within the past decade, a
variously named legislative vehicle has sought
more restrictiveand therefore less
harmfullogging of federal public land. It
seeks to impose statutory management guidelines
on forest managers. This approach has reached its
apogee and is in decline, in part because of a
split on the approach between the Forest Reform
Network and Save America's Forests. While these
factions have reunited behind one bill for this
Congress, forest management reform legislation
has failed to reach a critical mass of support in
the conservation community, Congress, or with the
public. Much of the original support for this
legislative strategy has switched to other
approaches, such as Zero Cut or direct reform of
the federal land management agencies.
Agency Reform
Legislation I: Better Statutory Guidance. A
segment of the public land conservation community
advocates improved organic acts
(basic laws that govern land management agencies)
for the Forest Service and Bureau of Land
Management. Both agencies' organic acts have
remained essentially unchanged since 1976.
No legislative proposals
have been offered by conservationists, but have
been by our opposition. Both forest and grassland
reform bills were considered in the
105th Congress (i.e., former Oregon Republican
Representative Bob Smith's forest
health and grazing bills). In the 106th
Congress, Senator Larry Craig (R-ID) introduced
the National Forest Management Reform
Act. As part of the strategy to kill these
kinds of bills, conservationists may wish to
introduce counterproposals. Agency reform doesn't
really excite us as a movement, and it certainly
doesn't excite American voters.
Agency Reform
Legislation II: Better Bureaucratic &
Economic Incentives. Rather than prescriptive
and restrictive statutory language, another
approach, best articulated by resource economist
Randal O'Toole, is to change the bureaucratic and
economic incentives that cause land managers to
behave as they do.
Some in the conservation
community believe that incentive reform has
theoretical merit but is impractical
politically.(5) It is impractical because most
public land conservationists are at heart
Calvinist regulationists, and this kind of reform
has been strongly embraced by libertarians.
Conservationists are generally suspicious of
libertarians because the central organizing
principle of libertarianism is no government (and
therefore no regulation) rather than
environmental protection. Whether the results may
coincidentally advance both goals is politically
irrelevant, given the gulf between the two
groups.
Annual Appropriations
Efforts. Action in this arena has dominated
conservationist action since 1984, primarily
because of the defensive battles that must be
waged annually against anti-Nature legislators'
attempts to attach their fantasies to annual
appropriations bills. We have worked offensively
to attach our policy initiatives to those same
appropriations bills.(6)
An advantage to the
appropriations approach is that this political
train must leave the station every year and we
have a chance to be on it (or be run over by it).
However, as a long-term strategy to save the
world, the annual appropriations process is
limited.
The aforementioned
strategies all have merit. They have, to varying
degrees, raised awareness and framed issues. But
given the magnitude of the task before us, new
thinking is needed.
New Approach Part I:
The Mother of All Wilderness BillsBig Wild
A new two-step
legislative approach is recommended for federal
public land conservation. Big Wild draws heavily
from the approaches described above. It seeks to
combine what works, or can work, ecologically and
politically. Discussed below are the major
features of Big Wild (as currently viewed by the
author and subject to change).(7)
1. One
legislative bill. The title must grab the
attention and values of the American voters. One
suggestion is the American Wilderness Heritage,
National Security, Family Togetherness and
Personal Freedom Protection Act.(8)
2. Multiple
legislative titles. The one legislative bill
would be composed of numerous separate and
free-standing titles (a congressional
term of art that means, in effect, big
subtitles), which address ecological and/or
political needs of particular states or regions.
Separate titles could include, but are not
limited to, the following:
- America's Redrock
Wilderness Act (BLM Utah)
- Arctic National
Wildlife Refuge Wilderness Act (Alaska)
- Arizona Wilderness
Act (USFS & BLM)
- Arkansas National
Forest Wilderness Act
- California
Wilderness Act (USFS & BLM)
- Chugach National
Forest Legislation (Alaska)
- Colorado Wilderness
Act (USFS & BLM)
- Eastern Montana
Wilderness Act (BLM)
- Georgia National
Forest Wilderness Act
- Idaho High Desert
Protection Act (BLM)
- Maine Woods
National Park Act
- Minnesota National
Forest Wilderness Act (9);
- Nevada Wilderness
Act (USFS & BLM)
- New Hampshire
National Forest Wilderness Act
- New Mexico
Wilderness Act (BLM)
- North Carolina
National Forest Wilderness Act
- Northern Rockies
Ecosystem Protection Act (10);
- Oklahoma National
Forest Wilderness Act
- Oregon Desert
Conservation Act (BLM & USFS)
- Oregon Forest
Wilderness Act (USFS & BLM)
- South Carolina
National Forest Wilderness Act
- Tennessee National
Forest Wilderness Act
- Texas National
Forest Wilderness Act
- Tongass National
Forest Round III (Alaska)
- Utah Forest
Wilderness Act
- Vermont National
Forest Wilderness Act
- Virginia National
Forest Wilderness Act
- Washington
Wilderness Act (USFS & BLM)
- White Mountains
National Park Act; and
- Wyoming Wilderness
Act (BLM).
Other states could be
included as well. The total amount of land that
would be protected by Big Wild is estimated to be
roughly 200 million acres.
3. All
federal land agencies. Big Wild would include
lands within the National Forest, National Park,
and National Wildlife Refuge systems and Bureau
of Land Management holdings. It could also
address certain surplus Department of Defense
lands.
4. National
in scope. Big Wild is designed to protect
land and resources across the nation. Big Wild
will be most helpful to states unable to attain
adequate ecological protection using existing
approaches. Big Wild does not depend on the
acquiescence of firmly anti-Nature congressional
delegations.
To pass Wilderness bills
in most eastern and the left coast
states, the support of a critical mass of a
state's congressional delegation is necessary.
Fortunately, it's far easier to obtain, given the
urban and suburban nature of the states' voters
and the ideological composition of such
delegations. However, the size of such bills is
usually limited by the state's congressional
delegation. Big Wild can result in more
protection for such states than traditional state
Wilderness bills.
A major advantage of Big
Wild over the current strategy of statewide
Wilderness bills stems from the free
vote.(11) A free vote is one by
a senator or representative that has no political
downside. For example, a vote on a Wilderness
bill way out west has no negative political
impact on a senator from New Jersey.
Conservationists and the public in that state
will support it. The timber, mining, and grazing
industries have no presence in the state, so such
a vote is without political cost. There is a
boatload more free votes on western wilderness
issues in the East than on eastern wilderness
issues in the West. Anti-Nature western
legislators would never vote for Wilderness in
the East.
5. Close
loopholes in the Wilderness Act. A title
could also be included to close the loopholes in
the Wilderness Act that pertain to livestock
grazing (end public land grazing with
compensation),(12) mining (require a validity
determination to extinguish the bogus claims, and
target the rest for compensation), and logging
and roading (remove the forest health
loophole).
6. More
than just Wilderness. While primarily a
Wilderness bill, individual titles could have
other federal protective categories, existing and
proposed (such as for restoration), including but
not limited to:
- National
Conservation Area;
- National Monument;
- National Park;
- National Preserve;
- National Recreation
Area;
- National Reserve;
- National Scenic
Area;
- National Wildlife
Refuge;
- Wild and Scenic
River; and
- Wilderness Recovery
Zone.
All but Wilderness
Recovery Zone have been enacted previously
by Congress.
7. Expansion of Land
and Water Conservation Fund. A title could be
included to address needed
reformsconversion to a true trust fund and
increasing revenuesof the Land and Water
Conservation Fund. LWCF should provide at least a
billion dollars annually for public acquisition
of imperiled wildlands, thus enlarging the public
domain.
Some Prerequisites.
Before Big Wild is introduced, it is assumed
that:
- Initial citizen
conservationist wildlands inventories are
completed (they need not be perfect) in
states that still need them.
- Citizen legislative
proposals are developed for states that
need them.
- A presidential
administration that can be made favorable
to the effort is in office.
New Approach Part II:
Conservation Biology-Based Study
ProvisionsBig Wild II
As part of the effort to
protect the remaining wild public land base (and
in many places begin restoring damaged public
land), conservationists need to anticipate the
success of Big Wild and concurrently provide for
the next big bite of the legislative apple: Big
Wild II. This next bite must be the further
implementation of conservation biology-based
principles (the first principlepreserving
the remaining wildlandshaving been
achieved), including the restoration of much
degraded land, both public and private.
Presently,
conservationists have no chance of persuading
Congress to order the rewilding of half the
nation, no matter how scientifically justified.
This is the case especially if conservationists
(even with the most distinguished group of
scientists that could be assembled) are the
messengers who first suggest it. Instead,
rewilding on the scale necessary has a political
chance only if conservationists can first
persuade Congress to ask the big questions
themselves.
A last title in Big Wild
could require the National Academy of Sciences to
report to Congress, within three years, on the
steps necessary to ensure the full ecological
functioning of all major US terrestrial and
aquatic ecosystems, both across the landscape and
over time, including the reintroduction of
extirpated species and control of exotic species.
Such an effort could include specific
recommendations and be map-based.
Each area-specific title
of Big Wild could have a similar provision that
required the proper agency (the Fish and Wildlife
Service, National Park Service, Forest Service,
and/or Bureau of Land Management, as appropriate,
in consultation with other government and
non-government institutions) to address the same
issuesspecific to the ecosystem or state
addressed in that title.
Recommendations arrived
at through these scientific processes would
likely include:
- end all destructive
activities on public land (logging,
livestock grazing, mining, damming,
motorized recreation, etc.);(13)
- strengthen the
Endangered Species Act;
- enact an Endangered
Ecosystem Act;
- expand the public
lands(14);
- end predator
control efforts;
- curb industrial
recreation
- end the use of
dangerous pesticides on public lands.
Advantages of Big
Wild
1. The amalgamation of
conservation effort can result in greater gains.
Rather than divided efforts, all effort would be
focused on one legislative campaign.
Conservationists would trade their small boats
for a bigger ship, and all row together.
2. Financial and
personnel (volunteer and staff) resources are
used more efficiently, and more resources are
acquisitioned overall. Consider the numerous
members of Congress from eastern states without
much public land. With some local organizing in
the district, their vote can be obtained. Why
duplicate resources having multiple concurrent
campaigns, each requiring the same amount of
effort to get that same vote? It need only be
done once.
Beyond efficiency, more
campaign resources can be obtained. Big Wild is
large enough to excite more conservation
activists, conservation funders, and American
voters to new levels of involvement.
3. Media would be
focused on a singular legislative effort. One
very large effort will attract more earned media
than several smaller efforts. In addition, our
paid media moneys can be used more efficiently.
4. The marginal
additional benefits exceed the marginal
additional costs. Yes, Big Wild would unite
timber, mining, grazing, energy, and off-road
vehicle interests, but it would also unite and
excite the American conservation movement and our
allies. Big Wild is large enough to command
attention as a national issue. The larger the
political context of the issue, the better
conservationists do.
Crafting traditional
Wilderness bills to appease special interests
does not work.(15) We have just as much
opposition to a score or more separate
traditional Wilderness bills as we would have to
Big Wild. We cannot avoid this opposition, and in
fact should welcome it. The conservation
community, not the special interests, has the
national political strength on Wilderness.
5. Local conservation
activist autonomy is maintained. By dividing Big
Wild into as many titles as necessary, the bill
can be tailored to meet both the local ecological
and political needs of the various states and
bioregions. Each title would be managed by the
same interests who are leading such efforts now.
6. Ecological reality is
addressed and political reality is changed. By
changing the political context from one or a few
states to the whole nation, the gap between
ecological and political realities can be
narrowed. Political limitations that militate for
smaller acreage in an attempt to enact
legislation through a state's delegation become
far less significant in a national political
context. Victory for Big Wild depends on getting
the votes in Congress, not the acquiescence of
the affected state's delegation.
7. The bottleneck issue
is resolved. Conservationists have much land to
save and not much time to do it. The bottleneck
of current Wilderness legislation allows for no
more than three (most likely two) legislative
campaigns to effectively exist simultaneously.
These campaigns not only compete with each other,
but they also prevent other campaigns from moving
forward. Even at optimistic rates in a
state-by-state strategy, our legislative goals
would take decades to complete.(16)
8. The fate of America's
last wildlands can be made a national issue.
Ecological destruction is an issue that must gain
the nation's attention. Big Wild is the best way
to do it.
9. It is the best
possible position when the deals go down. Take a
hypothetical US senator from a west coast state.
This senator can receive pressure from below
(in-state conservationists), the side (from other
US senators pressured by their own in-state
conservationists from below) and above (the
administration).
In traditional state
Wilderness bills, the pressure from below is
either inadequate to achieve legislation at all,
or will likely result in a
rock-and-ice (or
rock-and-sand) bill. The pressure
from the sidegiven the tradition of the
Senate to defer on matters affecting one
stateis gentle at best, and the only likely
positive result will be the inability of that
state's senator to pass a bill that
conservationists oppose. Similarly, the pressure
from above is not significant, given that the
administration usually has larger and supposedly
more important priorities than a particular state
Wilderness bill.
In a national bill, the
pressure comes from the same directions, but the
dynamic changes. The pressure from below is
greatly enhanced by increased pressure from the
side and above. From the side, since Big Wild is
a national bill and support will be strong in
other states, eastern senators won't feel the
obligation to defer to western senators on the
matter. Since the size of Big Wild will generate
adequate excitement among the entire conservation
community, it will become a priority of the
administration.
The result is that when
the final deals are cut, conservationists are in
the best possible position to get the most. If we
have done our organizing properly, the inevitable
horse-trading will not be trading Wilderness here
for Wilderness there (within or between states).
If we do our politics correctly, the
horse-trading will not result in less Wilderness
acreage, but a plethora of new federal buildings,
post offices, bridges, and research grants
flowing to a state in the years running up to the
reelection of key members of that delegation.
Advantages of Big
Wild II
1. A second bite of the
legislative apple for conservationists. Requiring
a study and a report to Congress sets the
political stage for the next phase of the
continuing effort to conserve and restore
ecosystems.
2. The best way to
approach Congress to address the issue of
what's ecologically necessary.
Large-scale wilderness protection and
restoration, while quite rational ecologically,
are presently quite radical politically. Over
time, and with proper preparation, that which is
rational can become reasonable.
Who Needs Big Wild?
Though various current
protection efforts may be bioregional or
ecosystem-based, this analysis is focused on the
political subdivision of the state.(17) Some
states need Big Wild more than others, but all
could benefit. All western states can be divided
into three categories (18):
Those that could
probably never pass strong permanent protective
legislation without Big Wild. This includes
most interior western states (Arizona, Colorado,
Idaho, Montana, New Mexico, Utah, and Wyoming).
Those that could
possibly pass permanent protective legislation
without Big Wild. This includes three of the
four left coast states: Nevada,
Oregon, and Washington (all are presidential
swing states). Given its large urban population,
Colorado is theoretically possible, but it does
have two Republican US senators opposed to the
rather modest state bill introduced by Democratic
House members. Most eastern states would also
likely fall into this category.
Wilderness bills for
these states that passed would be modest, limited
to what was acceptable to the state's delegation
(or a majority thereof). In Oregon, for example,
this means whatever Democratic senior Senator Ron
Wyden wants (and he's becoming joined at the lip
with Republican junior Senator Gordon
Smiththey do joint townhall meetings). Big
Wild, by enlarging and changing the political
context, would result in other US senators (and
the administration) pushing Wyden (and Smith)
more than Oregon conservationists can do alone.
Those that could pass
permanently protective legislation without Big
Wild. There is little question that
California could pass a bill that could please
the state's conservationists. It's an urban and
green enough state. However, Senator Barbara
Boxer andmost importantlySenator
Diane Feinstein still have political limits below
our ecological needs. As in the Oregon example
above, having other senators and the
administration advocating for California
wildlands would likely increase the final
acreage.
Arguments Against Big
Wild
Putting all your
eggs in one basket. The most plausible
argument advanced by advocates of state
Wilderness legislation against Big Wild is that
it puts all your eggs in one basket.
For only one western state, California, is this a
legitimate concern. For most states, the eggs are
theoretical. For those states with a real egg, it
won't likely be of much size or taste, unless all
eggs are in the same basket. Even for California,
Big Wild makes sense for the reasons stated
above. California could choose to go it alone.
However, if conservationists in all the other
states chose to pursue Big Wild, California could
potentially be competing with a much larger
national effort for funder and public attention.
Big Wild is not a basket, but a heavily armored
mobile egg carton.
As California
goes, so go the others or Utah: The
First Domino. This argument is that the
logjam is broken by the leading states
(California by its greenness, Utah by the length
and depth of the campaign), after which others
will fall into place.
In 1984, Oregon did
break a logjam which allowed the passage of
several other bills. The logjam, though, was not
on designating Wilderness per se, but a hangup on
language regarding the remaining non-wilderness
roadless areas (Montana, Idaho, and Wyoming never
passed RARE II legislation).(19)
California can go forward, as can some other
states, but Utah probably will not.
A plethora of state
Wilderness bills is comparable to a MIRV
ICBM.(20) If enough state Wilderness bills are
launched, the reasoning goes, some will reach
their targets. However, the targets
are states defended by senators and
representatives who are very effective Patriot
missile systems that only need to hit their one
target.
Why Big Wild Can Win
(21)
Let's count the
hypothetical votes in the 106th Congress.(22)
First, two enlightening facts:
- The members of the
Florida House delegation equal the
combined delegations of the eight Rocky
Mountain states.(23)
- This strategy
doesn't require the vote of one
Republican senator west of Chicago for
its success (though we shouldn't write
off all of them).
The House of
Representatives: We need 218 of 435 votes to
pass. A majority is quite possible for Big Wild,
especially in the House, where deference to
federal matters affecting another's congressional
district is much less prominent than in the
Senate. Three-quarters of the House represents
districts east of Dallas, Texas. California has
52 seats. The urban nature of that state's
delegation makes most of them consider
Wilderness, even California Wilderness, a
free vote. If Big Wild is bottled up
in committee, a discharge petition
could be undertaken.(24)
The Senate: The
peculiar institution of the U.S. Senate provides
some unique challenges to overcome. The nature of
the Senate is to work by unanimous consent. This
gives great power to any one senator to
object to procedural actions (thus
requiring a majority vote to continue) or, in the
case of legislation, to put a hold on
a bill. The power of such holds is the threat to
filibuster a bill on the floor.(25)
Filibusters bring the
Senate to a halt and the leaders make efforts to
avoid them, usually by not bringing up the bill
as long as the hold is in place. This gives great
power to the holding senator to extract
concessions to make the bill acceptable. If the
objections cannot be addressed, and the proposing
senators don't care enough and/or don't have
enough political power to end a filibuster
(assuming the hold threat was not hollow), the
bill dies. If the bill is of enough importance to
a majority, it moves forward
if a filibuster ensues,
60 votes are needed to end debate (cloture).
The political dynamics
of this are clear: One or two holds from the
affected state are enough to prevent any action
on a statewide Wilderness bill. Forty holds on a
national Wilderness bill, if it is of adequate
political importance to 60 senators and the
administration, are not. (This assumes that
conservationists have mounted a vigorous campaign
to make Big Wild a national political issue.)
The rules and tradition
of the Senate also allow any one senator to move
to amend any legislative language they wish onto
any bill they wish. No rule of germaneness is
followed. So, for example, if Big Wild is bottled
up in a hostile committee, and we otherwise think
we have the votes, a vote on Big Wild can be
forced by attaching it to a bill likely to pass.
Let's tally the Senate votes that we could
reasonably hope to win:
Northeast and
Mid-Atlantic 24 (all
Democrats and all Republicans)
Midwest (includes
some Republicans) 16
South (all Democrats
[26] and at least 2 Republicans) 10
Left Coast [27] (all
Democrats) 8
Mountain (all
Democrats) 2
TOTAL 60
This analysis also
assumes concerted effort to move western
Democrats on the issue. If we continue to make
the Wilderness issue bipartisan, we can win. As
important as is making Big Wild a free
vote for as many senators as possible, we
must also make it as costly a vote as possible
for senators in opposition. In the past, certain
public land issues have been elevated to the
national spotlight. It can happen again.
The Need for Market
Research
Increasingly, our
wildlands protection efforts are based on natural
science, as they should be. Conservationists also
need to use political science to help achieve the
goals required by ecological imperatives. As the
public land conservation community debates future
courses of action, it would be useful to have
high quality polling and extensive focus group
research that compares and contrasts the
approaches outlined in this paper.
The rationale to
incorporate state and regional Wilderness efforts
in one large national Wilderness bill is
compelling. However, the nationalization strategy
of Big Wild is essentially the same as that of
the Zero Cut and Forest Management Reform
efforts. The question arises as to which national
approach best captures the hearts and minds of
the American voters.
Such marketing research
may not change the minds of those most entrenched
or invested in a particular strategy (28), but it
can be very helpful to conservation activists who
are willing to reconsider approaches. It can also
assist the funding community in making decisions
on the most cost-effective investments in public
land conservation.
An extensive national
polling effort, with a large enough sample to
show significant regional results, should be
undertaken (after an initial focus group or two)
to explore current public attitudes now, as well
as those attitudes after being exposed to our
(and our opponents') best arguments. The results
should be interpreted and made available to the
conservation community.(29)
Conclusion
One should always try to
pick both one's battles and one's battlegrounds.
Big Wild does that.
To enact Big Wild, a
level of trust and cooperation not seen for a
long time in the public land conservation
movement would be essential. This will not be
easy, but the increased probability of achieving
our goals should make the effort worthwhile and
successful.
Big Wild addresses both
ecological and political concerns. It can satisfy
the goals of most conservationists. Big Wild will
not satisfy those who believe it is morally wrong
both to log public lands and to advocate anything
but ending that logging immediately and
completely.
Big Wild will not
satisfy agency reformers, but would reduce the
pressing need to do such reform.
Big Wild can satisfy the
growing constituency for conservation
biology-driven protection efforts.
If Big Wild I & II
are enacted, the conservation movement resources
now bound up in efforts to protect public land
could, at long last, begin to be redirected
toward private land conservation.
At any given time, can
more than one major public land legislative
effort be successful? Probably not. Must there be
unanimity behind one approach? No, but there must
be a critical mass of supportand Big Wild
is the most likely vehicle for substantive
near-term progress on protecting America's
natural heritage.
Acknowledgements
The author wishes to acknowledge the following
people for their very helpful reviews of earlier
drafts and/or discussions: Ric Bailey, David
Carle, John Davis, Brock Evans, David Johns, Jim
Jontz, and Mike Medberry. Though they helped
improve it greatly, any errors in fact or flaws
in logic are the author's.
Endnotes
1. Worth noting here is
that the author:
- Favors the end of
commercial logging, grazing, mining, and
off-road vehicle use of public land, but
disagrees with the minority view among
the Zero Cut faction that the only way to
achieve that end is to advocate for zero
cut and nothing else.
- Rather, he believes
that a few politically feasible,
incremental steps will be necessary to
reach the goal of forever-wild protection
of public land.
- Believes that the
principles of conservation biology must
be implemented in a political context,
though it sure as hell will not be easy.
- Favors the relative
permanence and strength of
congressionally designated Wilderness and
similar designations, and believes in the
power of wilderness to
motivate the conservation movement and
the American voters.
2. See in general: Noss,
R.F., and A. Cooperrider. 1994. Saving Nature's
Legacy: Protecting and Restoring Biodiversity.
Defenders of Wildlife and Island Press,
Washington, DC; Noss, R.F. 1992. The
Wildlands Project land conservation
strategy. Wild Earth (Special Issue): 10-25
and Soulé, M. and R. Noss. 1998. Rewilding and
Biodiversity: Complementary Goals for Continental
Conservation. Wild Earth 8(3): 18-28.
3. Also enacted were the
Opal Creek Wilderness Act of 1996 and the Oregon
Islands Wilderness Additions Act of 1996 (both in
Oregon)the only significant additions to
the Wilderness System by the 105th Congress.
4. Essentially every
senator from a majority party with at least two
years in office is a chair of some subcommittee.
5. Including the author
of this paper, who considers himself a
flexitarian.
6. Never forget:
exploiters do riders and
conservationists do amendments. Our
amendments to appropriations bills are more
germane than their riders. Riders suspend or
repeal a statute. Our efforts are usually
cut and shift (e.g., spend less money
on roads and logging and more on restoration and
endangered species).
7. The author wishes to
give large credit to others whose thinking on Big
Wild has both preceded and developed
concurrently, in particular Jim Jontz of American
Lands.
8. Brock Evans of the
Endangered Species Coalition came up with the
name to make the point that public land
conservationists must market their efforts as
consistent with key values of voters.
9. Which would fix the
Boundary Waters Wilderness incongruities, once
and for all.
10. Includes portions of
Montana, Wyoming, Idaho, Oregon, and Washington.
11. The author is
indebted to Senator Bob Packwood for explaining
the concept of the free vote to me
many long years ago.
12. See The
Voluntary Retirement Option for Federal Public
Land Grazing Permittees, by the author,
published simultaneously in Rangelands 20(5),
October 1998 and Wild Earth 8(3), fall 1998.
13. Perhaps in the form
of forever wild language.
14. This also implies
the end of land exchanges.
15. For example, while
the new Colorado Wilderness legislation would
grandfather existing grazing and mining, such a
gesture did nothing to pacify the opposition of
the mining and cattle industries.
16. The failure to move
a national public land effort (Zero Cut or forest
management reform) is not a bottleneck, but lack
of a critical mass of conservationist support.
17. The two fundamental
units of ecological organization are the
watershed and the congressional district.
18. The lack of
categorization of eastern states reflects
ignorance by the author, not any lack of interest
in including them in Big Wild.
19. RARE II
was the Forest Service's second Roadless Area
Review and Evaluation that culminated in a
legislative proposal to Congress.
20. Multiple Independent
Re-entry Vehicles Intercontinental Ballistic
Missile.
21. The author is
indebted to Jim Jontz for this analysis.
22. If the House of
Representatives changes to Democratic hands in
the 107th Congress, or the Republican majority
shrinks in the Senate, both of which are likely
if you believe most pundits today, the passage of
Big Wild is even more probable. Of course, this
assumes that J. Danforth Quayle (It isn't
pollution that's harming the environment. It's
the impurities in our air and water that are
doing it.) does not become President.
23. Arizona 5, Colorado
6, Idaho 2, Montana 1, New Mexico 3, Utah 3,
Wyoming 1, Nevada 2.
24. If a majority of
House members sign a discharge petition, a bill
buried in committee must come to the floor for a
vote.
25. Filibuster:
The use of obstructionist tactics,
especially prolonged speechmaking, for the
purpose of delaying legislative action.
26. Remember, Big Wild
would be an administration priority.
27. California, Hawaii,
Nevada, Oregon, and Washington.
28. It could,
howeverif the research comes to favor their
approachserve to reinforce, ratify, and
vindicate those most entrenched and invested.
29. Disclaimer: The
author isn't suggesting that a chosen legislative
strategy be based solely on market research.
Other political considerations also come into
play. Nonetheless, such information, if properly
obtained and accepted by the public land
conservation community, can go far to develop a
more unified strategy.
Kerr, Andy. 1999. Big Wild: A Legislative
Vehicle for Conserving and Restoring Wildlands in
the United States. Wild Earth. Vol. 9, No.
4. Winter 1999-2000. 77-86.
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