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<br />~ <br />l. <br /> <br />., ,',':f;~"~"\:!"V"~:' <br /> <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 <br /> <br /> <br /> <br />.,~~...':,.;.': <br />.~',N.' <br />":',/:::' ",.:,Ic' <br />