Congressman Cliff Bentz is endorsing wilderness treatment for nearly 1 million acres of the Owyhee Canyonlands but is proposing other changes in federal law to safeguard cattle grazing on federal land in Malheur County.
The Republican congressman’s plan may disrupt a delicately-balanced plan already before Congress, hammered out over years by varied Malheur County interests ranging from conservationists to cattleman.
Bentz said his legislation is on a fast track, with a committee hearing later in November and approval by the House “within the next few weeks.”
His office didn’t respond to requests for comments or written questions.
His proposal in many ways mirrors that of U.S. Sen. Ron Wyden but aligns in the most crucial one – a final wilderness designation for roughly 1 million acres of Malheur County land.
His plan differs in how land no longer considered for wilderness treatment would be managed, with his proposal appearing to preserve and potentially expand cattle grazing.
Cattle grazing is already allowed in some form on nearly all of the 2.5 million acres at issue.
But conservationists are warning that Bentz’s move may trigger more pressure to instead create a national monument.
The Owyhee Canyonlands has been a political football for years as outdoor enthusiasts, conservationists, ranchers and others squabbled over the future of one of Oregon’s most remarkable landscapes.
That tussle seemed to come to an end last year, when U.S. Sen. Ron Wyden unveiled legislation that created new wilderness, preserved cattle grazing already being done, and imposed on scientists to keep an eye on the rangeland health and recommend ways to improve it.
Wyden’s legislation reflected years of work to bring together those competing to have the loudest voice over the future of the canyonlands.
“Proponents contend that the agreement protects wildlife, scenic, and other values as the area draws more visitors, while also preserving the county’s historic ranching operations,” a U.S. Senate committee explained as it approved Wyden’s Malheur County Empowerment for the Owyhee Act.
Bentz, who started in the House in 2021, wasn’t a player in the talks that led to Wyden’s legislation.
A year ago, Bentz publicly rejected Wyden’s plan, surprising Wyden with his position.
“A lot” of what’s in the Senate legislation “won’t be in my bill,” Bentz said in an interview last November.
Now, his announcement says that he and Wyden worked together on what he is proposing. He quoted praise from Oregon’s senior senator.
“I applaud Congressman Bentz’s thoughtful and constructive approach and am looking forward, as we continue to work together on this bill, to success on legislation that leaves the farmers, ranchers, preservationists, Tribes and all the residents of Eastern Oregon the true winners of the economic and preservation gains this legislative approach can achieve,” the statement said.
Conservation groups that were part of the Wyden accord reacted swiftly.
Friends of the Owyhee, based in Ontario, said it was “disappointed” by Wyden’s position.
The Oregon Natural Desert Association called Bentz’s plan “half baked” and a “political ploy.”
“No one, especially Senator Wyden, should be falling for it,” said Ryan Houston, the association’s executive director.
“That Senator Wyden would embrace this as ‘a significant step forward’ is concerning for the three-quarters of Oregon voters,” according to a statement from a coalition called Protect the Owyhee Canyonlands.
Bentz said in his statement that his plan flows from Wyden’s work.
He is calling the legislation the “Oregon Owyhee Wilderness and Community Protection Act.’’
Its purpose, according to the draft bill, is “to provide for the establishment of a grazing management program on Federal land in Malheur County, Oregon, and for other purposes.”
He proposes that 926,588 acres in southern Malheur County be given federal status as wilderness – less than the 1.1 million acres proposed by Wyden.
Such a designation flows from the 1964 Wilderness Act, considered at the time on of the nation’s most important conservation moves.
That federal law directs that wilderness “shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness” and “the preservation of their wilderness character.”
Conservation groups say Bentz is taking away a crucial element of the Wyden legislation meant to protect such wilderness.
Wyden’s compromise legislation directs the federal government to monitor and maintain the ecological health of the wilderness. Such work would in part ensure grazing is sustainable on such ground. Bentz proposes no such scientific monitoring, conservation groups said.
Bentz, whose family long has been in the cattle business, also proposes that the federal government allow a restoration of grazing permits for wilderness land that have expired in the past 10 years.
His legislation would make other federally-owned land in Malheur that is put in wilderness would be “no longer subject” to other federal restrictions.
His plan would move about 1.5 million federal acres out of consideration for wilderness treatment. Wyden’s plan puts about 1 million acres in that category, but leaves about 300,000 acres under study for possible wilderness treatment.
Friends of the Owyhee and the Oregon Natural Desert Association said such provisions would reduce conservation on at least 1.6 million acres. The groups said Bentz would override a resource management plan for the region that the U.S. Bureau of Land Management adopted earlier this year after 20 years of work.
Conservation groups pointed out what they said key differences between the Wyden and Bentz legislation, including on the formation of an advisory group.
Under both, the Malheur CEO Group would be appointed, which would recommend and help find money to improve the federal lands.
The group “shall give priority to voluntary habitat, range, and ecosystem restoration projects focused on improving the long-term ecological health of the Federal land and natural bodies of water,” the legislation states.
Wyden proposed a 10-person group with another eight non-voting members from government. The voting block would include three representing grazing interests, two from the environmental community, two from tribes, and one each from recreation or tourism, an irrigation district and from the hunting and fishing community.
Bentz proposes eight seats on the CEO Group – three for grazing, three from “other businesses or conservation organizations,” and two from the tribes.
“This would prioritize industry perspectives in land management decisions over a balanced community approach,” concluded an analysis by the Friends of the Owyhee.
Bentz said his 42-page bill was “the result of hundreds of hours of negotiation and collaboration by those who live, work, and recreate in Malheur County, the Burns Paiute Tribe, and many environmental organizations.”
He didn’t identify any of the collaborators by name and as of Monday none had spoken up to back Bentz. The Oregon Cattlemen’s Association reported Saturday that it had not seen Bentz legislation.
Both Wyden and Bentz are working with the risk of a national monument still in the room.
Last year, Bentz spoke up again against such a move, getting into legislation a prohibition on the government spending any money on such a monument. The proposal didn’t pass Congress.
Gov. Tina Kotek earlier this year joined those who are seeking a national monument designation for the canyonlands. She wrote President Joe Biden in August urging he use his executive authority to create such a monument.
Conservation groups say the Bentz-Wyden alliance now may trigger more pressure on Biden to act on his own.
“Friends of the Owyhee believes that a national monument designation may become the only viable path to ensure lasting protection for this treasured landscape,” the group said.
The desert association that said if Bentz’s legislation advances, “there will be no other choice than for President Biden to establish the Owyhee Canyonlands National Monument before he leaves office.”
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Les Zaitz is editor of Salem Reporter and also serves as editor and publisher of the Malheur Enterprise in Vale, Oregon.