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Court discusses rural community meetings

Grasty, Runnels will take message to Washington

During the regular meeting of the Harney County Court on Feb. 17, Mitzi Defenbaugh inquired about the outcomes of the community meetings that were held in Harney County’s rural communities.

Harney County Commissioner Dan Nichols replied that comments collected during the meeting have been summarized into a list of major concerns that Harney County Judge Steve Grasty and Harney County Commissioner Pete Runnels will take to the National Association of Counties Conference in Washington, D.C.

Grasty explained that there are three audiences in Washington, D.C., which are The Western Counties, Congress, and the secretaries in the Obama administration.

Sally Jewell, secretary of the Department of the Interior, and Thomas Vilsack, secretary of the Department of Agriculture, have said they are willing to sit down with the court to address concerns.

Litigation

Continual litigation from special interest groups was the first thing mentioned on the list.

Referring to the Equal Access to Justice Act (EAJA), Paul Hyland said there is a law that allows groups to “get paid to sue us.”

According to the U.S. Small Business Administration’s website, EAJA “provides for the award of attorney fees (up to $125 per hour) and other expenses to eligible individuals and small entities that are parties to litigation against the government. An eligible party may receive an award when it prevails over the government, unless the government’s position was ‘substantially justified’ or special circumstances make an award unjust.”

Grasty said that, without changes to EAJA, there is no way for small communities to compete with special interest groups.

EAJA reform was among one of the proposed solutions that was submitted with the list of concerns. Another proposal was to form a 501(c)(3) organization to utilize EAJA funding to benefit county residents.

Participants in the rural community meetings also expressed concern that agencies are working from fear of litigation, resulting in lack of field work and management funding.

Wildfires

Wildfires were another source of concern, and there was a push for more local control of fire issues and increased government accountability for fire damage. Concern was also expressed regarding fine fuels buildup from lack of grazing, especially from two-year rest post fire.

Grazing

Reduction of AUMs on permitted allotments was also listed as a concern.

The Bureau of Land Management’s (BLM’s) website defines an AUM (Animal Unit Month) as “the amount of forage needed to feed a cow, one domestic horse, or five sheep for one month.”

Wild horses

Overpopulation of wild horses, resulting in AUM reductions and damage to sage grouse habitat, was another concern. Meeting participants called for increased government accountability regarding wild horse populations.

Road closures

Concern was also expressed regarding road closures. Participants asserted that these closures impede permittees from managing their land and personal assets, and from using roads for recreational purposes.

Economy

Destruction of the local economy was another major concern, and there was a push for economic security, continued viability of rural communities, and increased public safety. Issues listed within these concerns included: stagnant tax base, mega fires, wild horses, decimated wood products industry, property values, loss of student populations, business closures, loss of services, and loss of parole officers.

Increased demands

Meeting participants also noted that compliance to actions, such as the Steens Mountain Cooperative Management and Protection Act and the Owyhee Canyonlands Conservation Proposal, have resulted/would result in increased demands for people who live and work in these areas.

In addition to the Owyhee Canyonlands proposal, proposed wilderness/recreation areas in the Ochoco National Forest were also listed as  a major concern.

Meeting participants also expressed concern about the presidential veto of the Resolution of Disapproval of Waters of the United States (WOTUS).

Multiple use

Participants also asserted that the multiple use concept on public lands should be a priority, arguing that, if enacted absolutely, the Antiquities Act of 1906 would ensure continued multiple use such as grazing, logging and recreation.

Public education, involvement 

Lack of public understanding regarding issues and industries within natural resource utilization was also listed as a major concern. One of the proposed solutions was to develop a public relations campaign to provide factual information about public land use. Other suggestions included asking the county court to consider hosting occasional community meetings to garner greater participation, and increasing local representation on cooperative management committees.

Government accountability

Meeting participants also called for increased government accountability, including adherence to the Federal Land Policy and Management Act (FLPMA) and National Environmental Policy Act (NEPA) guidelines for local involvement and adherence to local planning.

They also suggested promoting long-term managers in agency positions.

Additionally, local law enforcement was urged to stand for the people of Harney County and take back local control.

Refuge occupation

Other concerns stemmed from the occupation of the Malheur National Wildlife  Refuge.

Meeting participants expressed concern regarding a lack of support for local government in the refuge occupation.

They also called for an independent investigation of Robert “LaVoy” Finicum’s death.

Finicum was shot and killed by police during an enforcement action to arrest several individuals involved with the occupation of the refuge. The incident occurred on Jan. 26, about 20 miles north of Burns on Highway 395.

Mandatory minimum sentencing

Concern was also expressed regarding mandatory minimum sentencing.

About the meetings

Barbara Cannady asked how the meetings were advertised.

Nichols explained that the meetings were made up of rural community members who volunteered to participate. Grasty added that they were not hosted by the county. Instead, they were part of a grass-roots effort to garner community input.

“Myself and the members of the court are a bit of a lightning rod right now,” Grasty said. “We wanted to back off and let the community say what they want to say. That’s the goal of it. And that’s why I’ve stayed out of it.”

Additional concerns

Grasty asked whether anyone at the county court meeting had any additional concerns that they’d like him to address in Washington, D.C.

Joyce Green replied that the Wilderness Study Areas (WSAs) have been tied up on Steens Mountain for more than 25 years, adding that Congress needs to make a decision regarding WSAs in the West.

“That’s going on the list,” Grasty replied.

Reviewing the message

The court discussed the list of major concerns with the members of the public who attended the county court meeting, and EAJA reform emerged as the number one priority. The group also reviewed the message that Grasty and Runnels will take to Washington, D.C. as well as the proposed solutions from the community meetings.

•••

In other business, the court:

• was addressed by Jeff Maupin regarding the Hammond family’s BLM permit.

Grasty said the court would be opposed to any action to remove the permit from the Hammonds, specifically Hammond Ranches Inc. He added that he recently spoke with Susan Hammond, and U.S. Representative Greg Walden has also been in touch with the family;

• received an annual update from Karen Moon, Harney County Watershed Council coordinator. Upon Moon’s request, the court appointed Mark Owens to the council. Moon also requested that the court sponsor two scholarships for the High Desert Youth Range Camp. The court will have to review its budget;

• was addressed by Herb Vloedman concerning road closures near the refuge.

The court affirmed and explained two road closure orders. Both orders are temporary until the conclusion of the investigation, and the refuge is reopened to the public;

• awarded the bid for the courthouse heating, ventilating, and air conditioning (HVAC) project to Bend Heating in the amount of $530,000, with the caveat that additional cost reductions will be discussed with the contractor.

Grasty explained that funding for the project has been made available from the Oregon Judicial Department;

• received an update from Harney County Planning Director Brandon McMullen regarding the Goal 5 process.

Originally adopted in 1974, Goal 5 and related Oregon Administrative Rules describe how cities and counties are to plan and zone land to conserve resources listed in the goal. As part of the Goal 5 planning process, the court hopes to list Harney County’s people and cultural values among its resources;

• discussed Senate Bill 1532 (minimum wage). Grasty said the legislation is a “disaster,” arguing that having different minimum wage requirements throughout the state will further the economic gap between Oregon’s urban and rural areas;

• signed a court order in the matter of accrual and use of sick time for Harney County employees. The court order is in accordance with new mandatory provisions provided by Senate Bill 454;

• opened the public hearing on a proposed supplemental budget for 2015-2016 to address Fund 221 (Senior and Community Transportation Fund) and  228 (Park Fund).

Additional funding of $45,000 has been made available to provide free transportation for medical rides to veterans in rural frontier Oregon. These are new and unexpected funds.

Additionally, there’s an increase of $17,000 within the Park Fund, which will be used to make upgrades to Theimer Park.

Grasty and County Treasurer Nellie Franklin added that Nancy Oster-Courtney, who assists with technical matters with the budget, provided a list of miscellaneous matters that need to be addressed before the end of the fiscal year.

There being no public comment, the hearing was closed, and the court approved the budget changes in both funds.

A budget resolution will be prepared for the next county court meeting.

Due to scheduling conflicts, the next meeting of the county court will be held Tuesday, March 1, at 10 a.m. at the courthouse.

Samantha White
Samantha White was born and raised in Harney County, and she graduated from Burns High School in 2005. After high school, she attended the University of Oregon where she earned a bachelor of arts degree in magazine journalism. White was hired as a reporter for the Burns Times-Herald in September 2012.

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