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<br />158
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<br />PUBLIC LAND LAW REVIEW
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<br />[Vol. 15
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<br />159
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<br />1994]
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<br />GRAND CANYON PROTECTION ACT
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<br />not otherwise participating in the long~term. monitoring and research
<br />studies.us Although the program will not be completely defined ~ntil the
<br />final EIS is released, the BOR is finally beginning to accept its role as a
<br />facilitator in the useaf natural resources as opposed to a sole proprietor of
<br />dams and reservoirs.
<br />With respect to power produ~ion" ~nothe~ IIlpdeJfor.-di"verse,~,a,rti9j~ :-
<br />pation is also being deve,~oped. ~,"~~:~(fia:~~!1a:t~:~P:~~~~~Y.~:P~.~-,.,::?
<br />slon"Procesit"'ts'1n"pr(jg'fe'ss, the bTairicfiilQ':lil~J-lm-"Rireh~?teeutWe'''4ce;.'
<br />President of the Grand Canyon Trust, and Ken Maxey. Assistant Adminis-
<br />trator of Western.154 Although the two entities have been at odds in the
<br />past, the goal of this particular effort is to build a process for o~n
<br />discussion before the next crisis arises.1I$5 Originally, the collaborative
<br />process was designed to develop recommendations for the Secretary of
<br />Energy in response to section 1809 of the GCP A, which requires identifica~
<br />tion of "economically and technically feasible methods of replacing any
<br />power generation that is lost" from Glen Canyon Dam.l56 The focus of the
<br />collaborative process changed, however, when some of the local power
<br />interests refused to participate in any further meetings.WI Western, the
<br />Grand Canyon Trust, and other stakeholders in Glen Canyon Dam power
<br />are now looking at a different concept for public involvement in the search
<br />for replacement power. One idea is the creation of expert teams, available
<br />on an as~requested basis, to consult with communities affected by increases
<br />in energy costs due to the provisions of the' GCP A.158 The goal of such
<br />consultations would depend on the needs of each locality, but would most
<br />likely entail implementation of some type of demand~side management
<br />program. Whatever form the collaborative process takes, the BOR and
<br />Western may use it as a liaison for fulfilling the consultation mandates
<br />found in the GCP A.
<br />
<br />"';"\Iv8st~:'l'"-; Fortunately, however, sustainable development is a guiding
<br />principle for the 1990s and beyond, though implementation of the principle
<br />is far in the future.15o Sustainability is a dynamic concept and incorporates
<br />many different principles, but at its core is the idea that wasting or
<br />destroying a natural resource is not conducive to maintaining an accept~
<br />able quality of life for future generations. Sustainability therefore will
<br />require real efficiency gains in the use of natural resources.l5l In this
<br />country that means substantial changes. Sustainability does not exclude
<br />development, but modifies how development should occur. Efficiency as the
<br />core idea should be promoted through both legislation and administrative
<br />policy. This can be done by requiring cons~rvation techniques and by
<br />confronting and eliminating externalities.l82.
<br />The Northwest Power Act serves as a model for legislation that
<br />promotes efficiency. In developing a regional energy plan, "cost effective"
<br />resources are to be considered first and foremost.163 Specifically, the
<br />Council is directed to give first priority to conservation, second priority to
<br />renewable resources, third priority to generating resources using waste
<br />heat or high efficiency resources, and fourth priority to "all other
<br />resources," e.g., coal and nuclear power plants.l6-f During the last ten years,
<br />conservation has added, on average, 300 MW of capacity to the energy
<br />supply of the Bonneville Power Administration (BPA), an amount equal to
<br />almost 25 % of the output of Glen Canyon Dam generators.165 The present
<br />goal of the Council is to sec\ure conservation of least 1,500 MW in homes,
<br />farms, businesses, industries, and improvements in its own power system, .
<br />
<br />D. Promoting Efficient Uses of Natural Resources
<br />The history of resourCe use in the United States is a chronicle of
<br />
<br />/
<br />159. See UDALL, supra note 132, at 54-68. ./
<br />160. Thisconcept wasadoptcdaspartoftheRio Dec]arationon Environmentand Development.
<br />U.N. Doc. AjCONF.15Ij5jRev.1 (1992),reprinted in311.L.M. 874. Fora discussion on the concept
<br />of " sustainable development" ascontemplatcd in the United Nations Conference on Environment and
<br />Development (UNCED), see Mukul Sanwal, Sustainable Developmelll, the Rio Dedaratio'l and
<br />Multi/ateral Cooperation. 4 COLO. J. bn'L ENVTL. L. & POL'Y 45 (1993).
<br />161. Althoughsustainabllityinvolvcscultural,aswellasnaturalandcconomicfactors.n:source
<br />uscisat thecoreoftheissueasittouchesallthenamedfactors. Deve]opme ntproccsscsmustthere(ore
<br />beaddressedandaprogramofsustainabilityoughttoincludetheknowledge,tcchno]ogy, and planning
<br />needed to increase the productivity oC the land. See WILKINSON, supra note 123, at 298-300.
<br />162. The term "externa]ities" refers to the costs (whether they be economic, social, or
<br />environmental) imposed on others asa rcsultofactionstakenbya particu Iar person or group. Due loa
<br />failureinthemarketplace,thepersonorgrouprcsponsib]eisnotheldaceountab]eandthereCorehasno
<br />incentivetocurtailsuchaclions. MarkSagoff.EroMmic Theory and Environmental Law, 79 MICH. L
<br />REv. 1393. 1404-05 n.51 (1981). .
<br />163. "Cost-effectiveness" requires a detennin~tion thata resource will be reliable and available
<br />within the time needed and have the lowest economic and environmental cost compared to other
<br />possible resources. 16 U.S.C.' 839a(4)(A) (1988 & Supp. IV 1992).
<br />164. 16 U.S.C. fi 839(e)(l); Blumm & Johnson. supra note ]19, at 5]2.13.
<br />165. HYDROPOWER 2002,supro note 31.at 17. Bonnevi1leis Western's]argercounlerpan in the
<br />Columbia River Basin, marketing federal power thr&ghout the Pacific Northwest. Volkman & Lee.
<br />supra note 127, al 559-60.
<br />
<br />153. StiMMARY DRAFT EIS, supra note 80, at 8-9.
<br />154. Colorado Plateau Collaborative Decision Process. Draft Concept Paper I (Jan. 18, 1993)
<br />(unpublished manuscript. on liIe with author) [hereinafter Collaborative ProcessJ. The Grand Canyon
<br />Trust isa non-profit regional organization that advocates responsible cons ervation of the natural and
<br />cultural resources of the Colorado Plateau.ld. at 2. The group was indispensable in the conception,
<br />development. and passage of the Grand Canyon ProtectionACI. 138 CONGo REC.SI7,666-67 (dailyed.
<br />Oct. 8, 1992) (statement of $en. McCain).
<br />155. Collaborative Process, S,llpro note 154, at I.
<br />156. GCPA ~ 1809.
<br />157. Telephone Interview With Roger Clark. Vice President Cor Conservation, Grand Canyon
<br />Trust (Aug. 30, 1993).
<br />158. Id.
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