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<br />156
<br />
<br />PUBLIC LAND LAW REVIEW
<br />
<br />[Vol. 15
<br />
<br />1994]"
<br />
<br />GRAND CANYON PROTECTION ACT
<br />
<br />management strategy, and the BOR appears to be striving to implement
<br />that mandate.
<br />
<br />organizations; (3) the recreation industry; and (4) contractors for purchase
<br />of federal power produced at Glen Canyon Dam. WI In addition, sections
<br />1803 and 1805, which address interim operations and long-term monitor-
<br />ing, call for consultation with Indian tribes.147
<br />The inclusion of Native Americans in the deCision-making process is
<br />another significant aspect of the GCPA. Historically, most tribes have not
<br />been empowered to influence natural resource policy. The Glen Canyon
<br />EIS process is proving to be remarkably different in this regard.148 Six.
<br />Native American groups are participating in the GeES and the EIS to
<br />determine (1) the effects that the dam has had on traditional cultural
<br />properties and lifestyles, and (2) alternativ~s that exist to better protect
<br />traditional use and long~term Native American concerns.H9 Hopefully,
<br />such recognition of Native American heritage and cultural resources
<br />reflects a growing awareness of the need for preservation of this integral'
<br />part 'of the history of the West and the United States as a whole.
<br />.QnpiPo~&ible"<::riticis'm:'ofthe nc}>> A 'is 'thaH{ did 'not"create any: neW
<br />instiiit;tionaf-processes that will ensure public participation: 'The North-
<br />west Power Act created a new entity charged with guaranteeing accessibil-
<br />ity.uO The GCPA, however, left this responsibility to the BOR and, with
<br />respect to replace~ent, power, to W~stern.m Therefore, these agencies
<br />m~l~.effectiv-el,y~re.form ifi~seJves- by".rdinquishing ,some ?f4heir.,t,t:~~~~.~.
<br />tiona:l.:'.conUQL~o\'.er"rlaRl',Qperations; Becaus"'c', tl1e: GCP A";profi1f~> for
<br />participation I'n processes beyond the EIS--e.g., interim operations and
<br />long.term monitoring-the agencies must accommodate numerous inter-
<br />ested parties and incorporate the needs of these groups in its policy choices.
<br />This much Congress has required. I
<br />The BOR has responded to this mandate throl'.gh its Adaptive'
<br />Management Program.U2 The program includes an ;:\daptive Manage-
<br />ment Work Group comprised of representatives from each of the EIS
<br />cooperating agencies, Basin states, federal power purchasers, recreation-
<br />ists, and environmental organizations; a technical work group comprised of
<br />technical representatives from Federal, State, and Tribal governments;
<br />and an independent scientific review panel comprised of scientific experts
<br />
<br />C. Public Participation in Decision-Making
<br />
<br />The controversy generated by Glen Canyon Dam' illustrates the
<br />competing demands placed on the Colorado River. To satisfy these
<br />multiple demands, the views of all interested parties must be heard, Only
<br />by integrating these views into the decision-making process can the
<br />potential impacts be thoroughly evaluated and addressed by the final plan.
<br />Legislation encouraging the integration of interested parties should lead to
<br />increased satisfaction with the end result, allowing for more resources to be
<br />dedicated to problem-solving activity and fewer to litigation.I-U
<br />One of the strengths of the Northwest Power Act is its promotion of
<br />public participation. To start with, it created the Northwest Power
<br />Planning Council. As alluded to earlier, the Council is a new kind of
<br />administrative entity, a regional consortium given the herculean task of
<br />dealing with the complex problems created by energy production in the
<br />Pacific Northwest.142 Additionally, the Council is directed to encourage
<br />public involvement in both the power plan and the fish and wildlife
<br />program.143 The broad public participation provisions of the Northwest
<br />Power Act were a response to the limited involvement previously available
<br />in decisions regarding the region's power system.1H The public is now
<br />considered a major player in developing and implementing the Council's
<br />plans.Hli
<br />The GCPA also contains specific provisions requiring broad partici-
<br />pation in the creation of an operations plan for Glen Canyon Dam. The Act
<br />calls for consultation with the "general public," which includes (1)
<br />representatives of academic and scientific communities; (2) environmental
<br />
<br />Interior and Related Agencies, Pub. L. No. 103-138, 107 Stat. 1379, 1384 (1993). The NBS has
<br />responsibility for aequiring and adding to the scientific data on bio]o gy. The data will expedite future
<br />decision-making on the use of natural resources byoptimiring the analysi s of impacts from such
<br />decisions.
<br />141. This process of inclusion is starting to be used in other areas as a basis for changing
<br />previously single-minded policies. For example, in developing proposals for rangeland reform,
<br />Secretary of the Interior Bruce Babbitt is considering giving ]oca] residents more say over graring rules.
<br />One possibility is the creation of Resource Advisory Councils, made up of ranchers. envi(Ollmental
<br />sroups,hunters, and biologists, whowouldmakekeydecisionsresarding use of the public range. See 59
<br />Fed. Reg. 14317-321, 1432S (1994) (describing Resource Advisory Councils in proposed grazing
<br />regulations).
<br />142. WILKINSON, supra note 123. at 210.
<br />143. 16 U.S.C. U 839{3)(A) & (B). S39b(g). Sttalsa Blllmm &: Johnson,supra note 119, at
<br />549-53.
<br />144. Volkman &: Lee, supra note 121, at S63-64.
<br />145. See POWER PLAN, supra nOle 135, at 5.
<br />
<br />146, GCPA iii IS03(b), 1804{c)(3), 1805(c).
<br />141. GCPA iii ]803(b)(4). ]g05(c)(3).
<br />14g. Jean Ann Mercer, Natiw Amtrkan hrspectfvtsafltheGrllnd Canyon: The Elhnohislari-
<br />CIl/ Componenl afGCES. COLORADO RIVER SrUDIES OffiCE NEWSLETTER (Bureau of Reclamation,
<br />Salt lake City, Utah), Spring/Summer ]992, at i [hereinafter Nativt American Ptrspectivesl. The
<br />author of the ciled anicle is a member of the H~ Tribe.
<br />149, Id. Thesixgroupsarc the Havasupai, Hopi, Hualapai, Navajo, Southern Paiute,and Zuni.
<br />
<br />Id~
<br />
<br />150. See supra notes 142-45 and accpmpanyinJ texL
<br />151. GCPA Ii ]804(c)(3), 180S(c), &: 1809.
<br />152. Su supra notes 139-40 and accompanying text.
<br />
<br />157
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