Court approves MOA with Burns Paiute Tribe

During its regularly scheduled meeting on Dec. 16, the Harney County Court agreed to appoint Harney County Judge Steve Grasty to represent Harney County in settlement negotiations on the Transportation Management Plan (TMP).

Grasty said the TMP has been in litigation since about 2008.

On Nov. 28, 2007, the Bureau of Land Management (BLM) issued a Decision Record adopting the proposed TMP for the Steens Mountain Cooperative Management and Protection Area. On Jan. 4, 2008, the Oregon Natural Desert Association (ONDA) petitioned for stay of the effect of that decision to the Department of Interior’s Board of Land Appeals. A long, complicated legal battle ensued.

The court will meet for an executive session the afternoon of Jan. 6, 2016, to work on litigation. Grasty said he’ll use the Steens Mountain Cooperative Management and Protection Act of 2000 in the negotiation process.

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The court approved a Memorandum of Agreement (MOA) between Burns Paiute Tribe and Harney County to develop a plan for clarifying right of way issues for the Kassler Parcel and the right of way for West Loop Road.

A survey was conducted of the Kassler and surrounding parcels, and some confusion arose as to whether there was clear demarcation of the right of way for West Loop Road.

The tribe and county agree that no conflict exists, or is anticipated, regarding continued use and right of way of the road. The MOA memorializes the parties’ mutual trust and commitment to determining how to clarify and resolve right of way issues on the road by survey, quitclaim, agreement, or other means.

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The court reconvened at 8:30 a.m., Dec. 17 to open and review bids for the courthouse heating, ventilating, and air conditioning (HVAC) project, as bidding for the project was scheduled to close at 5 p.m., Dec. 16.

The county received sealed bids from Custom Plus Heating & Air Conditioning ($535,300), Central Oregon Heating & Cooling ($612,613), and Bend Heating & Sheet Metal. The original bid for Bend Heating & Sheet Metal was $572,600, but modifications and clarifications adjusted the bid to $530,000.

There are some tasks, such as removing the old boiler, that the county can perform to lower project costs.

Anthony Dickman, HVAC engineer, will review the bids.

The current boiler is condemned and must be replaced by September 2016.

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The court received a letter from Chris Marklund, National Association of Counties associate legislative director, stating that the Omnibus spending bill fully funds the Payments in Lieu of Taxes (PILT) program at $452 million for fiscal year 2016.

The PILT program was created to partially offset the cost of providing county services to federal public lands, which are exempt from property taxes. Without this funding, Grasty said there would be significant layoffs.

Marklund also stated that the Omnibus spending bill will add $1.5 million (for a total of $79 million) in fiscal year 2016 to make additional resources available to reduce the backlog of BLM grazing permit applications. The bill also included $60 million within the BLM budget for sage grouse habitat conservation activities.

Public lands policy concerns are also addressed in the bill, including a provision requiring the Department of the Interior and the Forest Service to report on nonemergency closures of public lands to hunting, fishing, shooting, and other recreational activities. There is also a prohibition on funding for the Fish and Wildlife Service to issue further rules to place sage grouse on the Endangered Species List, and the Department of the Interior is prohibited from administratively creating new wilderness areas. The bill also contains a directive that the Forest Service, National Park Service, and BLM work with state and local governments in drought-stricken regions to facilitate the prompt removal of hazardous trees and prioritize funding to reduce the threat of wildfire.

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In other business, the court:

• received an invitation to Tony Svejcar’s retirement party, which is scheduled for 5:30 p.m., Jan. 23, 2016, at Burns Elks Lodge No. 1680. Svejcar is a rangeland scientist and research leader at the Agricultural Research Service in Burns.

“That’s a big loss,” Grasty said regarding Svejcar’s retirement. “I hope he stays around and weighs in on some stuff;”

• upon recommendation from Harney County Roads Supervisor Eric Drushella, approved John and Cheryl Williams’ application for an approach off of East Steens Road. Drushella explained that this is an improvement to an existing approach;

• received a letter from Rod Klus, Oregon Department of Fish and Wildlife district wildlife biologist, stating that the department is preparing to review its Management Objectives (MOs) for deer and elk. Harney County Commissioner Pete Runnels volunteered to serve on a committee to review MO proposals;

• discussed the BLM’s application to withdraw approximately 1,929,580 acres of public and National Forest System Lands, which are identified as Sagebrush Focal Areas, in Oregon. The proposed withdrawal would close these lands to location and entry under the United States mining laws to protect and preserve greater sage grouse and its habitat.

Grasty said he will push for an analysis of the loss of economic opportunity that could result from the proposed withdrawal;

• received a letter stating that the Prineville District of the BLM is proposing to expand and update its existing district-wide integrated noxious weed management program, primarily by increasing the kinds of plants controlled from noxious to all invasive plants and increasing the number of herbicides to be used from four to 14.

“My hunch is that this will almost mirror what the Burns district did,” Grasty said;

• received a request to lease county-owned land for grazing.  Grasty suggested that the court develop a process;

• reviewed Senator Wyden’s Outdoor Recreation Bill Discussion Draft Outline for Feedback. Grasty and Harney County Commissioner Dan Nichols expressed concern about the bill. Grasty said he will ask community members to read it and provide input;

• mailed a Notice of Public Works to the Bureau of Labor and Industries for emergency replacement of the bridge that burned on Old Experiment Road;

• reviewed water use requests.

Grasty will ask Geographical Information Systems Coordinator Bryce Mertz if he can start providing maps showing the locations of water use requests.

The next regularly scheduled county court meeting will be held at 10 a.m., Wednesday, Jan. 6, 2016, in Judge Grasty’s office at the courthouse.