PRESS RELEASE ISSUED 7/ 31/ 17
WASHINGTON – Following extensive analysis and feedback received from tribal leaders and American Indian landowners, the Department of the Interior today announced a revised strategy for the consolidation of fractional land interests through the Land Buy-Back Program for Tribal Nations (Program). The strategy, which will more effectively allocate the remaining Program funds to reduce the maximum amount of fractional interests, includes a revised schedule for implementation, as well as new opportunities for tribal governments to use the Program’s tools and systems to facilitate their own land consolidation initiatives.
The Program implements the land consolidation component of the Cobell Settlement, which provided $1.9 billion to purchase fractional interests in trust or restricted land from willing sellers at fair market value. Interests consolidated through the Program are restored to tribal trust ownership. Since the Program began making offers in December 2013, about $1.2 billion has been paid to landowners at 45 locations, more than 700,000 fractional interests have been consolidated, and the equivalent of over 2.1 million acres of land has been transferred to tribal governments. As a result, tribal ownership now exceeds 50 percent in almost 14,000 tracts of land, which strengthens tribal sovereignty and self-determination, and allows for investments in tribal infrastructure and community projects.
Under the direction of new Departmental leadership, the Program has undergone a full review to determine how best to allocate the remaining $540 million to maximize the interests consolidated – the purpose specifically set forth in the Cobell Settlement. That strategic analysis included how to make the most effective use of the Administrative Fund to facilitate the Program, as well as additional measures to address land fractionation.
“The revised strategy announced today maximizes the remaining dollars left for the implementation of the Buy-Back Program and seeks to achieve the greatest reduction of fractional interests, the largest number possible of landowners able to participate, and the most effective use of the Department’s resources,” said Associate Deputy Secretary James Cason. “However, while the Department is doing what it can to improve the Program, it is clear Congress has a role as well. We continue to look to congressional leaders for long-term solutions to address the problem of fractionated lands.”
“As someone who has been involved with this Program since its inception, this significant policy shift announced today is responsive to the tribal feedback we have received over the past several years,” added Acting Assistant Secretary – Indian Affairs Michael S. Black. “Tribal input and involvement has been a cornerstone of Program implementation. I see that continuing and know that we must work together on many fronts to address the fractionation of tribal lands.”
Fractionation affects nearly 11 million acres of land across Indian Country, preventing beneficial uses of significant resources and creating an overly complicated land tenure status where single tracts of land, like those at Navajo Nation, have more than 1,200 landowners. When tracts have multiple owners, it is difficult to obtain the required approvals for leases or other uses of these lands. As a result, many tracts are unoccupied and unavailable for any purpose.
REVISED IMPLEMENTATION STRATEGY
Over the past several months, the Program has undergone a thorough analysis that took into consideration tribal feedback received through the open comment period announced in the Federal Register, during multiple meetings the Department engaged in, and at the Program’s 2017 Listening Session (transcript and presentation available online at: https://www.doi.gov/buybackprogram/about/past-presentations). The analysis also reviewed opportunities to leverage government resources and reduce administrative costs in Program implementation, especially as it relates to the management of small fractional interests. This would allow more resources to be used for land consolidation.
Based on several key factors, Interior then developed a revised process for determining on which ownership interests to make purchase offers. Those factors included: severity of fractionation; appraisal complexity; degree of ownership overlap between locations or geographic proximity; tribal readiness; past response rate; and cost and efficiency (including land value).
With these factors in mind, the Department developed a revised schedule to implement the Program at the following locations (in alphabetical order):
Blackfeet (Montana)
Bois Forte (Minnesota)
Cheyenne and Arapaho (Oklahoma)
Cheyenne River (South Dakota)
Crow (Montana)
Fond du Lac (Minnesota)
Fort Belknap (Montana)
Fort Berthold (North Dakota)
Fort Peck (Montana)
Navajo (Arizona, New Mexico, Utah)
Northern Cheyenne (Montana)
Pine Ridge (South Dakota)
Rosebud (South Dakota)
Santee Sioux (Nebraska)
Skokomish (Washington)
Spirit Lake (North Dakota)
Standing Rock (North and South Dakota)
Umatilla (Oregon)
Warm Springs (Oregon)
Wind River (Wyoming)
The Program will continually assess progress and may revise the schedule or add locations as capacity and resources allow, depending on the results achieved. Because effective planning and coordination take many months, the Program will begin the process to educate landowners and build cooperative working relationships with land staff. A Program representative will contact each Tribe at the initial stages of planning for implementation.
LEVERAGING RESOURCES FOR TRIBAL USE
In addition to the revised schedule, Interior also announced several policies, which reflect the Department’s consideration of tribal comments, to better leverage Program resources, facilitate greater efficiencies, and increase opportunities to consolidate fractional interests, including:
Facilitating tribal and co-owner purchases. In response to tribal feedback, the Program is evaluating its ability to facilitate tribal and co-owners purchases. This includes working to make certain information, such as mapping and land appraisals, more readily available. This may help tribes direct their own resources to reduce fractionation and manage tribal land. It may also facilitate individual landowner purchases. The Program would look to prioritize some appraisal and other acquisition efforts on tracts where tribes will use tribal funds to make purchase offers on interests, and next on tracts where individual owners will use their funds to make purchase offers on co-owner interests. The Program anticipates announcing more information on these matters in the next few months.
Maximizing use of appraisals. Initially, the Program established an appraisal validity period of up to 9 months. Many tribal leaders urged Interior to consider a period of up to 12 months. The Program will now strive to utilize mass and project appraisals for up to 12 months, as long as appropriate market conditions exist when such appraisals are issued and thereafter. This approach seeks to maximize the time available to leverage the appraisals.
Streamlining agreements with tribes. The Program revised the cooperative agreement process to clarify the funding parameters for tribes and to ensure that the maximum amount of funding goes to land consolidation.
Revised acquisition approach. To further maximize the remaining funding, the Program has developed an offer approach focused on acquiring: 1) ownership interests in all Mineral (M) tracts determined to have no current economically viable mineral value; and 2) interests that are less than 25 percent of the ownership in Surface (S) and Both (B) tracts. (Mineral tracts have ownership rights only to minerals or other resources below ground, while Surface tracts have ownership rights only to the land surface of tracts. Category ‘Both’ tracts have ownership rights to the land surface and minerals below ground.) Resources permitting, the Program will also look to give priority to those tracts or interests where tribes or individuals are committed to using their own funds to acquire fractional interests.
Extending purchase offer timing. Previously, purchase offers were valid for 45 calendar days from the date of the offer cover letter. Tribes and landowners requested a longer review period. The Program has extended the due date from 45 days to 60 days to allow landowners more time to make an informed decision about their land.
RESOURCES FOR LANDOWNERS
All interested landowners are encouraged to call the Trust Beneficiary Call Center (Call Center) at 888-678-6836 to indicate that they are interested in potentially selling their land and/or to update contact information. Registering as a willing seller does not commit a landowner to selling land, nor does it guarantee an offer will be extended; it merely identifies interest to help advance planning as additional locations are added to the schedule.
Landowners can also contact the Call Center or visit their local OST office to ask questions about their land or purchase offers, and learn about financial planning resources. More information and detailed frequently asked questions are available at https://www.doi.gov/buybackprogram/FAQ to help individuals make informed decisions about their land.
Interior Secretary Zinke Applauds Mine Proposal to Create Jobs in Virginia and West Virginia
PRESS RELEASE ISSUED 8/ 1/ 17
WASHINGTON - Today U.S. Secretary of the Interior Ryan Zinke applauded the initial construction of the Berwind Mine located on the border of West Virginia and Virginia. The developers, Ramaco Resources, expect the mine to initially create 50 good-paying jobs and employ roughly 200 coal miners when the mine reaches its projected production level. The Berwind Coal Reserve is estimated to contain about 72 million tons of clean recoverable metallurgical coal, which is critical for infrastructure and is used for steel, roads, bridges, and building construction. The Berwind Mine will produce about 800,000 tons per year and will create jobs in some of the hardest-hit areas of Appalachian region including McDowell County, West Virginia as well as Buchanan and Tazewell Counties in Virginia.
Although the mine is on private land, the Department of the Interior, through the U.S. Fish and Wildlife Service, had a role in approving wildlife conservation plans for two species of crayfish in conjunction with the State of West Virginia's Department of Environmental Protection.
"Appalachia's coal workers are at the heart of rebuilding our nation's infrastructure because we can't build if we don't access our natural resources," said Secretary Ryan Zinke. "Under President Trump's leadership, the Department of the Interior is dedicated to being a good partner with local communities. This administration is dedicated to streamlining permitting and approval processes, and empowering local employees to get work done on the front lines. The Berwind Mine is the first of many projects that demonstrate the Trump Administration's commitment to coal country and to good government."
"Ramaco appreciates the Trump Administration and the Department of the Interior taking an interest in our project and helping find a solution relative to this unnecessary delay,” said Michael Bauersachs, the CEO of Ramaco Resources. “Coal mining jobs can be created and preserved by a more pragmatic approach to regulation. On behalf of the coal industry, we look forward to seeing better and more timely results from agencies who interact with coal mining."
“On behalf of Secretary Zinke, it was a pleasure to meet the folks in West Virginia involved in this project and to work together to resolve the issues for immediate progress,” said Vincent DeVito, Counselor to the Secretary for Energy Policy. “This Administration's common sense approach to reasonable regulations enables us to deliver results.”
The West Virginia Coal Association (WVCA) sang President Trump’s praises for his administration’s commitment to rebuilding America’s coal communities. “Once again, President Trump has shown West Virginia coal miners that he meant it when he said he would help them get back to work,” said WVCA Vice President Jason Bostic. “This administration shows exactly how the federal government can be a partner with the states and facilitate coal mining development while still fulfilling its responsibilities to protect the environment."
“The expansion of the Berwind mine will create 50 well-paying jobs, and is a perfect example of what we can achieve when government works as a partner not an adversary,” Senator Joe Manchin said. “It is good news for McDowell County and all of West Virginia. We know that coal will be in the energy mix for decades to come and I’m encouraged by the work of Secretary Zinke and the Fish and Wildlife Service in ensuring this project moves forward. This mine will produce 800,000 tons of clean recoverable metallurgical coal annually that will help rebuild our roads, bridges, and other critical infrastructure. This mine is a key ingredient to powering our country’s infrastructure restoration. I look forward to hearing about Berwind mine’s positive impact on McDowell County, I applaud this decision, and I will continue to fight for economic growth throughout our great state.”
“Not only will the Berwind Mine help create jobs for West Virginians, but it will also help our state continue leading the push to improve and expand America’s energy potential,” Senator Shelley Moore Capito said. “It’s great to see the public and private sectors working together to advance this project, and I appreciate the administration’s continued support in promoting a true all-of-the-above energy strategy—both in West Virginia and across the country.”
“I welcome the expansion of the Berwind mine, which extends into Buchanan and Tazewell Counties,” said Virginia Congressman Morgan Griffith. “Miners, other workers at the mine, and employees of mining supply companies will be put to work and be able to spend money in their communities. Localities will receive the appropriate coal severance taxes, which will help support their schools. Thus, Southwest Virginia will benefit from this move.”
“Finally, after eight years of anti-coal policies, coal is beginning to see a rebound," said West Virginia Congressman David B. McKinley, P.E., chairman of the Congressional Coal Caucus. "From increased exports to new mines opening, we’re seeing positive developments in coal country. The Trump Administration is committed to bringing coal jobs back, and we look forward to working together to do just that.”
West Virginia Secretary of the Department of Environmental Protection Austin Caperton said, “The legislation that created the WVDEP mandates that we protect the environment ‘in a manner consistent with the benefits to be derived from strong... energy-producing industries’ (WV Code 22-1-1(b)(4). We applaud all efforts at the federal level that allow us to carry out our mission and strike the proper balance.”
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EPA selects cleanup plan for Kanawha River Superfund Site to address fish contaminationPRESS RELEASE ISSUED 8/ 1/ 17
PHILADELPHIA (August 1, 2017) The U.S. Environmental Protection Agency announced today that it has entered into a consent agreement with Pharmacia LLC on a cleanup plan to address dioxin contamination at the Kanawha River Superfund Site, in Putnam and Kanawha counties, W. Va.
The cleanup work focuses on a 14-mile stretch within the Kanawha River beginning at the confluence of the Kanawha and Coal Rivers. Cleanup work will include constructing a cap over more than nine acres of contaminated river sediments. This capping will reduce the mobility and concentrations of dioxin in the sediments, which will help protect prey fish (e.g., gizzard shad), sport fish, and bottom feeders in the river.
The most significant human health risks at the site are associated with fish consumption from the river and the consent order provides for long-term monitoring of the levels of dioxin in fish caught along this stretch.
The State of West Virginia previously issued a fish advisory for the river due to elevated levels of dioxin found in fish caught in the river.
Pharmacia, once known as Monsanto Company, manufactured the pesticide 2,4,5-trichlorophenocyacetic acid from at a facility in Nitro, W. Va. from 1948 to 1969. This pesticide was one of the principal components of Agent Orange, a defoliant used by the U.S. Department of Defense.
The hazardous substance at the site is a waste byproduct of the pesticide production process known a 2,3,7,8-tetrachlorodibenzo-p-dioxin or TCDD. Pharmacia’s operations at the Nitro facility are believed to have been the primary source of TCDD contamination in the river.
EPA’s selection of the cleanup plan was done in consultation with the West Virginia Department of Environmental Protection and the U.S. Army Corps of Engineers and was preceded by a years-long engineering evaluation and cost analysis performed by Monsanto Company and Pharmacia under a 2004 EPA Consent Order.
For more information on the Kanawha River Superfund Site, visit: https://cumulis.epa.gov/supercpad/CurSites/csitinfo.cfm?id=0305516 . An EPA memorandum describing the removal plan is available at: https://semspub.epa.gov/work/03/2220345.pdf
The Superfund program is a cornerstone of the work that the EPA performs for citizens and communities across the country. This settlement announcement follows the July 25 announcement when EPA Administrator Scott Pruitt accepted recommendations from the Superfund Task Force to revitalize the Superfund program.
“My goal as Administrator is to restore the Superfund program to its rightful place at the center of the agency’s core mission,” said Pruitt.
The task force’s recommendations focused on five overarching goals: expediting cleanup and remediation, reinvigorating cleanup and reuse efforts by potentially responsible parties, encouraging private investment to facilitate cleanup and reuse, promoting redevelopment and community revitalization and engaging with partners and stakeholders.
Work to prioritize and reinvigorate the program by the task force has been initiated and will be ongoing into the future.
Justice Department and EPA Enter into Settlement with Harcros Chemicals to Improve Its Accident Prevention and Fire Protection Measures
PRESS RELEASE ISSUED 7/ 31/ 17
WASHINGTON - The U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced that Harcros Chemicals Inc. has entered into a proposed agreement to settle claims that Harcros violated provisions of the Clean Air Act aimed at preventing accidental releases of chemicals that can have serious consequences for public health, safety and the environment. Under the proposed agreement, Harcros will assure that its accident prevention program complies with all applicable requirements.
Headquartered in Kansas City, Kan., Harcros maintains and operates 31 facilities in 19 states that manufacture, blend, repackage, and distribute a wide variety of commercial chemicals, including extremely hazardous substances.
“This important agreement will improve chemical safety and minimize the risk of accidental releases at Harcros’ facilities nationwide,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “It is a priority for EPA to ensure that companies properly manage risks posed by chemicals in a way that protects communities from accidental releases.”
“This resolution ensures that Harcros complies with important Clean Air Act requirements that seek to prevent catastrophic releases of hazardous chemicals to the environment,” said Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division. “Today’s action shows that DOJ and EPA are serious about enforcing compliance with the Clean Air Act and protecting American workers and their communities from risks associated with accidental releases of hazardous substances. We also appreciate the positive cooperation that we received from Harcros during the resolution of this matter.”
Under the proposed settlement, Harcros will audit 28 of its facilities to identify and correct any potential violations of its risk management program and comply with Clean Air Act requirements that facilities adequately assess hazards, undertake measures to prevent accidents, and be prepared to effectively address such accidents when they do occur. Harcros will correct any violations identified in the audits according to a schedule set forth in the agreement. The settlement agreement also requires Harcros to pay a $950,000 penalty.
Also, as part of today’s agreement, Harcros will install foam-based sprinkler systems at eight of its facilities. The enhanced fire suppression system is expected to minimize the impacts of an accident by enhancing the speed and effectiveness of the facilities’ ability to extinguish the flames and prevent spread of chemicals.
The proposed settlement reflects the fact that Harcros Chemicals initially brought these violations to the attention of the EPA. In addition, Harcros cooperated fully with the Justice Department and the EPA during the negotiation of the consent decree.
The proposed consent decree was lodged with the United States District Court for the District of Kansas and will be subject to a 30-day public comment period following its publication in the Federal Register. A copy of the consent decree lodged today is available on the Department of Justice website at: http://www.justice.gov/enrd/Consent_Decrees.html.
For more information about today’s agreement, visit https://www.epa.gov/enforcement/harcros-chemicals-inc-clean-air-act-settlement.
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Congressional Watch
Following President Trump’s Threats, Sen. Murray Urges Dems, GOP to Continue Rejecting “Trumpcare-By-Sabotage,” Move Down Bipartisan Path
PRESS RELEASE ISSUED 7/ 31/ 17
(Washington, D.C.) – Sen. Patty Murray (D-WA), top Democrat on the Senate health committee, today released the following statement on President Trump’s continued threats to undermine bipartisan efforts on health care by ending cost-sharing reduction (CSR) payments to insurers:
“I am encouraged to see Democrats, Republicans, and people across the country coming out against President Trump’s appalling threats to hurt families, raise premiums, and continue destabilizing health care just to score political points,” said Sen. Murray. “President Trump is angry that he couldn’t jam his ‘mean’ Trumpcare bill through the Senate, but he shouldn’t make patients and families pay the price. If President Trump follows through on his threats, he will be fully responsible and accountable when Trumpcare-by-sabotage raises premiums for people across the country. Now that Trumpcare has been rejected in the Senate, I am committed to working with Democrats and Republicans on bipartisan solutions to make health care more affordable, accessible, and higher quality.”
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Frustrated and angry, the White House fought back, threatening retaliation both petty and portentous, eyeing federal jobs and programs in the state of the rebellious lawmaker to force obedience.
WORLD AND NATIONAL SPOTLIGHTS!
UN NEWS CENTER: UN migration chief visits Nigeria's northeast; new fund allocates $10.5 million
1 August 2017 – The United Nations has scaled up its efforts to tackle the humanitarian crisis in northeast Nigeria, through a visit by its top migration official and the allocation of $10.5 million from a new fund.
NY TIMES: Trump Will Sign Russia Sanctions Law ‘Very Soon,’ Pence Says
President Trump will “very soon” sign a law limiting his ability to lift sanctions against Russia, Vice President Mike Pence said on Tuesday during a visit to Tbilisi, Georgia, even though he has “concerns” about the measure.
Daily Bible Verse: You are my hiding place and my shield; I hope in Your word.
Psalm 119:114 NKJV
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