Legislation introduction by IPPC Chairman Ken Watts
History Of The Island Park Preservation Coalition
93% of the voters (those who voted) opposed a national monument in “any part of Fremont County”. The Fremont County Commissioners passed a resolution opposing a national monument and sent it to the Obama administration. Other counties did the same. The Idaho Legislature passed a memorial opposing a national monument in Island Park. A tour of parts of Island Park was conducted for local, county, state, and federal officials in September 2015. This tour was followed on the same day by a widely advertised meeting of Fremont County and Island Park residents. Over 100 people and government officials attended this meeting. The people in attendance decided, nearly unanimously, to develop legislation to oppose a national monument in Island Park. A common theme was, “we want to keep Island Park like it is”. The people also decided to form a working group to develop the legislation. The first working group meeting was held in October of 2015. Stakeholders from across Island Park and Fremont County were invited to be members. The group was expanded in membership many times in the following months. Representation included the Farm Bureau, Fall River Electric, Madison-Fremont Water District, many local businesses, Island Park Community Trails, home owner’s associations, Fugowee Snowmobile Club, conservation organizations, land trusts were invited, the Henry’s Fork Foundation, local farmers, etc. The group was very diverse but could have been more diverse if more invitees would have attended. The meetings always include “knowledge experts”. For example, congressional staff, county commissioners, Forest Service, etc. generally attend the meetings. Knowledge experts are invited to make presentations at most of the meetings. For example, presentations were made by the Idaho Department of Fish and Game twice, Greater Yellowstone Coalition, Yellowstone to Yukon, Heart of the Rockies, Teton Valley Land Trust, Perry Thompson (retired National Park Service), Farm Bureau, Madison-Fremont Water District, Forest Service, etc.
The working group was named the Island Park Preservation Coalition. The Coalition developed mission and vision statements and set about the task of writing the legislation. There was no need to reinvent the wheel. The format and language for the Sawtooth National Recreation Area legislation was used. Legislative statements were taken from successful Congressional legislation in Oregon and Washington State. After nearly two years of work, the final draft was completed in June of 2017 and sent to Idaho Senator James Risch (Energy and Natural Resources Committee) with copies to the remainder of the Idaho Delegation.
The following is the key statement from the legislation: “An Act-To manage and maintain the Island Park Area of Fremont County, Idaho as a multiple use area, consistent with the Multiple-Use Sustained-Yield Act of 1960, and to prevent the designation of national monuments, wilderness study areas, wilderness areas, national parks, national wildlife refuges, national recreation areas, and other exclusive federal jurisdictions in the Island Park Area of Fremont County, Idaho without the approval of the Congress of the United States and the State of Idaho”.
The legislation also has specific paragraphs that are intended to protect access by all user groups, protect grazing, protect water use, protect electric power distribution, protect natural resources, and protect cultural uses. The intent is multiple use by ALL.
The IPPC advertises all Coalition meetings in the Island Park News. Everybody is welcome. The agenda always includes time for public input. However, public input is welcome throughout the meetings. The next meeting is Wednesday, September 20, 6 to 8 PM at the EMS Building.
History Of The Island Park Preservation Coalition
93% of the voters (those who voted) opposed a national monument in “any part of Fremont County”. The Fremont County Commissioners passed a resolution opposing a national monument and sent it to the Obama administration. Other counties did the same. The Idaho Legislature passed a memorial opposing a national monument in Island Park. A tour of parts of Island Park was conducted for local, county, state, and federal officials in September 2015. This tour was followed on the same day by a widely advertised meeting of Fremont County and Island Park residents. Over 100 people and government officials attended this meeting. The people in attendance decided, nearly unanimously, to develop legislation to oppose a national monument in Island Park. A common theme was, “we want to keep Island Park like it is”. The people also decided to form a working group to develop the legislation. The first working group meeting was held in October of 2015. Stakeholders from across Island Park and Fremont County were invited to be members. The group was expanded in membership many times in the following months. Representation included the Farm Bureau, Fall River Electric, Madison-Fremont Water District, many local businesses, Island Park Community Trails, home owner’s associations, Fugowee Snowmobile Club, conservation organizations, land trusts were invited, the Henry’s Fork Foundation, local farmers, etc. The group was very diverse but could have been more diverse if more invitees would have attended. The meetings always include “knowledge experts”. For example, congressional staff, county commissioners, Forest Service, etc. generally attend the meetings. Knowledge experts are invited to make presentations at most of the meetings. For example, presentations were made by the Idaho Department of Fish and Game twice, Greater Yellowstone Coalition, Yellowstone to Yukon, Heart of the Rockies, Teton Valley Land Trust, Perry Thompson (retired National Park Service), Farm Bureau, Madison-Fremont Water District, Forest Service, etc.
The working group was named the Island Park Preservation Coalition. The Coalition developed mission and vision statements and set about the task of writing the legislation. There was no need to reinvent the wheel. The format and language for the Sawtooth National Recreation Area legislation was used. Legislative statements were taken from successful Congressional legislation in Oregon and Washington State. After nearly two years of work, the final draft was completed in June of 2017 and sent to Idaho Senator James Risch (Energy and Natural Resources Committee) with copies to the remainder of the Idaho Delegation.
The following is the key statement from the legislation: “An Act-To manage and maintain the Island Park Area of Fremont County, Idaho as a multiple use area, consistent with the Multiple-Use Sustained-Yield Act of 1960, and to prevent the designation of national monuments, wilderness study areas, wilderness areas, national parks, national wildlife refuges, national recreation areas, and other exclusive federal jurisdictions in the Island Park Area of Fremont County, Idaho without the approval of the Congress of the United States and the State of Idaho”.
The legislation also has specific paragraphs that are intended to protect access by all user groups, protect grazing, protect water use, protect electric power distribution, protect natural resources, and protect cultural uses. The intent is multiple use by ALL.
The IPPC advertises all Coalition meetings in the Island Park News. Everybody is welcome. The agenda always includes time for public input. However, public input is welcome throughout the meetings. The next meeting is Wednesday, September 20, 6 to 8 PM at the EMS Building.
Draft Legislation
LEGISLATION LANGUAGE FINAL DRAFT (4-30-17)
An Act
To manage and maintain the Island Park Area of Fremont County, Idaho as a multiple use area, consistent with the Multiple-Use Sustained-Yield Act of 1960, and to prevent the designation of national monuments, wilderness study areas, wilderness areas, national parks, national wildlife refuges, national recreation areas, and other exclusive federal jurisdictions in the Island Park Area of Fremont County, Idaho without the approval of the Congress of the United States and the State of Idaho.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that in order to maintain the Western culture, life style, heritage, and values and to enhance the natural, scenic, historic, pastoral, fish, wildlife and recreation values, the Island Park Area, of Fremont County, Idaho, shall be established and maintained as a multiple-use area.
Sec. 1. SHORT TITLE; TABLE OF CONTENTS
SHORT TITLE. - This act may be cited as the “Island Park Area Preservation Act”.
TABLE OF CONTENTS. – The table of contents for this Act is as follows:
Sec. 1. Short title: table of contents
Sec. 2. Definitions
Sec. 3. Legal Description
Sec. 4. Management
Sec. 5. Government and Private Relationships
Sec. 6. Recreation Access
Sec. 7. Fish and Wildlife Conservation
Sec. 8. Water Rights, Water Management, and Access
Sec. 9. Natural Resources
Sec. 10. Advocacy
Sec. 11. Native American Religious and Cultural Uses
Sec. 12. Land Planning
Sec. 13. Severability
Appendix. Map of the Island Park Area
Sec. 2. DEFINITIONS
Coordination: The coordination of land use inventory, planning, and management activities with the land use planning and management programs of other Federal departments and agencies and of the States and local governments and citizens within which the lands are located, including, but not limited to, the statewide outdoor recreation plans and of or for Indian tribes by, among other things, considering the policies of approved State and tribal land resource management programs.
Multiple Use: The harmonious and coordinated management of the various resources, each with the other, without impairment of the productivity of the land, with consideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output. Multiple use implies a sustained yield of outdoor recreation, range, timber, watershed, and wildlife and fish values.
AUMs: Animal Unit Months (typically a cow/calf pair per month)
Island Park Preservation Coalition: A coalition formed by a mandate of the Island Park, Idaho community and more broadly, the citizens of Fremont County, Idaho to preserve and enhance multiple use in the Island Park Area.
Sec. 3. LEGAL DESCRIPTION
The Island Park Area consists of the following Townships with the exceptions noted:
That part of Township 16N42E located in Fremont County, Idaho
That part of Township 16N43E located in Fremont County, Idaho
That part of Township 16N44E located in Fremont County, Idaho
That part of Township 15N42E located in Fremont County, Idaho
Township 15N43E
That part of Township 15N44E located in Fremont County, Idaho
That part of Township 14N41E located in Fremont County, Idaho
That part of Township 14N42E located in Fremont County, Idaho
Township 14N43E
Township 14N44E
That part of Township 14N45E located in Fremont County, Idaho
That part of Township 13N41E located in Fremont County, Idaho
Township 13N42E
Township 13N43E
Township 13N44E
That part of Township 13N45E located in Fremont County, Idaho and not including Yellowstone National Park
Township 12N41E
Township 12N42E
Township12N43E
Township 12N44E
That part of Township 12N45E located in Fremont County, Idaho and not including Yellowstone National Park
Township 11N41E
Township 11N42E
Township 11N43E
Township 11N44E
That part of Township 11N45E located in Fremont County, Idaho and not including Yellowstone National Park
Township 10N41E
Township 10N42E
Township 10N43E
Township 10N44E
That part of Township 10N45E located in Fremont County, Idaho and not including Yellowstone National Park
Sec. 4. MANAGEMENT
Federal land in the Island Park Area of Fremont County, Idaho shall be managed for multiple- use. New or expanded national monuments, wilderness study areas, wilderness areas, national parks, national wildlife refuges, scenic areas and other exclusive federal jurisdiction designations in the Island Park area shall/must be approved by Congress and the State of Idaho. The National Environmental Policy Act shall be adhered to in all management decisions.
Federal land management decisions shall/must be coordinated with the Fremont County, Idaho Board of Commissioners per the requirements of the Federal Land Policy and Management Act and the National Environmental Policy Act. The Fremont County Comprehensive Plan and the City of Island Park, Idaho comprehensive plan shall be the guiding document for coordination.
Sec. 5. GOVERNMENT AND PRIVATE RELATIONSHIPS
Government Relationships - Nothing in this Title changes the existing relationships among city, county, state, and federal entities or the relationships between these entities and private parties or public utilities.
Nothing in this Act shall diminish, enlarge, or modify any right of the State of Idaho, or any political subdivision thereof, to exercise civil and criminal jurisdiction within the Island Park Area or of rights to tax persons, corporations, franchises, or property, including mineral and other interests, in or on lands or waters within the Island Park area.
Public utility/cooperative infrastructure located on federal land and Idaho State land within the Island Park Area shall be retained and enhanced as required to support public needs and economic development, now, and in the future.
Existing federal special use permits, in the Island Park area, shall be preserved and protected at the discretion of the public utilities. These permits may not be revoked by the federal government without the approval of the utility.
The federal government must/shall grant future special use permits when the utility justifies the need based on increased demand, maintenance, security, or other need supported by the public in the Island Park Area.
Existing federal special use permit for such uses as grazing, recreation, cabin leases, etc. shall be preserved.
Sec. 6. RECREATION ACCESS
Summer motorized route (roads and trails) density in the Island Park Area, on Federal Lands, shall not be less than the density that is depicted on the Island Park Forest Service 2016 Motorized Vehicle Use Map. The total route mileage shall not be less than the miles that are depicted on the Island Park Forest Service 2016 Motor Vehicle Use Map.
Winter motorized route (roads and trails) density in the Island Park Area, on Federal Lands, shall not be less than the density that is depicted on the Island Park Forest Service 2016 Winter Motorized Vehicle Use Map. The total route mileage shall not be less than the miles that are depicted on the Island Park Forest Service Winter 2016 Motor Vehicle Use Map.
Federal Lands access shall be coordinated with the Fremont County Board of Commissioners and the City of Island Park, City Council as required by the National Environmental Policy Act and the Federal Land Policy and Management Act.
There shall be no upper limit on the density or miles of non-motorized routes (roads and trails) in the Island Park Area, on Federal and State Lands.
Sec. 7. FISH AND WILDLIFE CONSERVATION
Nothing in this Act affects the jurisdiction of the State of Idaho with respect to the management of fish and wildlife on public and private land in the Island Park Area with regard to the regulation of hunting, fishing, and trapping.
The State of Idaho shall retain management of fish and wildlife on public and private land in the Island Park Area with regard to the regulation of hunting, fishing, and trapping.
Sec. 8 WATER RIGHTS, WATER MANAGEMENT, AND ACCESS
WATER RIGHTS. — Nothing in this Act— (1) shall constitute either an express or implied reservation by the United States of any water rights with respect to the area designated by this Act; (2) affects any water rights in the State of Idaho existing on the date of enactment of this Act, including any water rights held by the United States or decreed in the Snake River Basin Adjudication, including any stipulation approved by the court in such adjudication between the United States and the State of Idaho with respect to such water rights.
(b) WATER MANAGEMENT. — Nothing in this section shall affect the management and operation of Henry's Lake or Henry's Lake Dam, Island Park Reservoir or Island Park Dam, including the storage, management, and release of water.
(c) ACCESS. — Nothing in this title shall affect public access to rivers and streams in the area designated by this Act, or affect private property rights (including existing water rights), or historic or commercial uses of rivers and streams in the area designated by this Act.
Sec. 9. NATURAL RESOURCES
Grazing - Grazing allotments and AUMs on federal lands in the Island Park area shall not be less than the grazing allotments and AUMs existing on January 1, 2016, unless coordinated and approved by the Fremont County Board of Commissioners. The 1997 Revised Forest Plan for the Targhee National Forest and the Federal Land policy and Management Act of 1976 As Amended shall be the guiding documents for forage utilization in the Ashton/Island Park eight allotment area.
Forest Products – The Forest Service and the BLM shall support the Healthy Forest Restoration Act of 2003 in the Island Park area. To support multiple-use, timber sales, controlled burns, and fuels reduction shall be used to maintain and enhance forest health in all portions of the Island Park Area. Timber sales shall be used to maintain and enhance wildlife habitat, to reduce fire danger, and to produce revenue for forest conservation projects in the Island Park Area.
Minerals - The Secretaries of the Departments of Agriculture and Interior are authorized to purchase existing mineral rights from willing sellers. Preference shall be given to mineral rights, which, if developed, could lead to a significant impact on the culture, heritage, and values of the Island Park Area.
Sec. 10. ADVOCACY
The Island Park Preservation Coalition shall advocate for the Island Park Area. The Coalition shall use a balanced and inclusive approach to advocate for the Island Park Area’s values, resources, opportunities, character, and lifestyle. The Island Park Preservation Coalition shall have coordination status with federal, state, county, city, and other agencies regarding issues affecting the Island Park Area’s values, resources, opportunities, character, and lifestyle.
Sec. 11. NATIVE AMERICAN RELIGIOUS AND CULTURAL USES
Nothing in this Act diminishes the treaty rights of any Indian tribe.
Sec. 12. LAND PLANNING
Private property rights shall not be infringed in the Island Park Area. Eminent domain may not be exercised without the approval of Congress and the State of Idaho. The Fremont County, Idaho Comprehensive Plan and the City of Island Park, Idaho Comprehensive Plan shall be followed in all development decisions. The Development Plan for the Island Park Area shall be updated within 3 years of the approval of this title to reflect the current will of the people of Fremont County and the Island Park Area. The Island Park Preservation Coalition shall provide advice to the Board of County Commissioners on the Comprehensive Plan.
Sec. 13. SEVERABILITY
If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.
APPENDIX
MAP OF THE ISLAND PARK AREA
