Wednesday, October 29, 2014

Bureaucratic blunder of San Gabriel Mountains National Monument

By Judy Nelson

This month President Obama designated 350,000 acres of the San Gabriel Mountains as a national monument. This action was prompted by a request from Rep. Judy Chu, D-Pasadena, to create the monument by executive order because her legislative bill, HR4858, the San Gabriel Mountains Recreation Act, had stalled in Congress. Just seven weeks after Chu announced her request, President Obama signed the monument into effect.

Obama used the controversial Antiquities Act of 1906 to create the monument. This act allows a president to rapidly create a national monument without congressional approval. The designation was rushed through so quickly that the County Board of Supervisors, the mayor of Los Angeles and cities throughout the San Gabriel Valley did not have an opportunity to state a formal opinion before it was enacted.

The San Gabriel Mountains are a vital natural resource and have been part of the Angeles National Forest since 1908. U.S. Forest Service rangers have been protecting and preserving the area for over 100 years. The mountains are not in any danger that would require an emergency order of protection, and any isolated issues with trail maintenance, signage or litter could have been handled with an increased budget for the USFS or by volunteer efforts from local organizations. To create a new bureaucratic overlay with unknown outcomes and expense was unnecessary.

The mountains are adjacent to the greater Los Angeles metro area, and the new monument raises many issues regarding drinking water rights, recreation access and land management that would have benefited greatly from prior discussion with local stakeholders. However, when a national monument is created with the Antiquities Act it can be done without any public input, studies or reviews. It does not require a vote or written legislation. Now that the monument has been enacted, the Department of Agriculture in Washington, D.C. is tasked with creating a new management plan, which is projected to take at least three years.

This is the 13th national monument the President has signed into effect with the Antiquities Act. This legislation was created to allow presidents the power to quickly protect objects or structures that are in imminent danger of destruction such as cliff dwellings, pueblos and other archeological ruins. The legislation states that monuments should be created from “the smallest area compatible with the proper care and management of the objects to be protected.” Presidential authority regarding size was supposed to be narrow and limited. Large-scale designations over 5,000 acres, such as the San Gabriel Mountains, were expected to be voted on by Congress to allow for the democratic process to occur.

One of the major concerns with this monument designation is that the San Gabriel River has been included within the boundaries. The river provides approximately 30 percent of the drinking water for the Los Angeles region and several foothill cities rely on it for up to 85 percent of their water. The river allows many cities to be largely independent from importing expensive water from Northern California.

Unfortunately, we now have no written assurance that the collection of water from the San Gabriel River will not be restricted.


Judy Nelson is mayor of Glendora


The Mayor's concerns over abuse of the Antiquities Act, more bureaucratic overlays, water issues and lack of public input will sound familiar to the residents of Dona Ana County.  Unfortunately, Obama says he is "not done" with this type activity and he has 15 more months to wreak havoc on the West.

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