Simpson tackles grazing and EAJA in Washington
Washington--Idaho Congressman Mike Simpson, Chairman of the House Interior and Environment Appropriations Subcommittee, moved the Interior, Environment, Appropriations Act for FY2013 through committee last month.
The bill contains critical provisions essential for preserving responsible access to public grazing and may be considered by the full House within the next month. The Farm Bureau’s Jake Putnam interviewed Congressman Simpson:
Congressman Simpson, tell us about the new grazing provisions in the latest Interior Appropriations Bill?
I’m Chairman of The Interior Appropriations Committee that funds the Forest Service and the BLM, National Park Service and the United States Geological Service, EPA and a variety of other agencies.
We were able to put provisions in this year's Appropriations bill, that’ll take the grazing permits from 10 years to 20 years. It’ll give the BLM time to catch up on the backlog of grazing permits and that’s the main problem. It’s the backlog of grazing permits. The BLM’s work in that regard is more difficult because they have so much catching up to do. I think it’s because of the suits that have been filed. We’re trying to reduce the number of lawsuits filed and let the BLM do the work on the ground and make sure those permits for cattle ranches can get out and in a timely manner. Like I’ve said before, if someone has a grazing permit and is doing a good job and following the rules why shouldn’t it be a 20 year instead of a 10 year permit?
The grazing permit process continues to get more complex for ranchers?
Yes, there’re more organizations who feel that grazing on public lands is inappropriate and they’d like to effectively remove cattle from public lands. I think that’s wrong. If you talk to the BLM and Forest Service grazing is a way of reducing fire hazards. Grazing on public lands is the right thing to do and we’re trying to make sure its unencumbered so ranchers have some surety.
Are there studies that show grazing does help reduce the threat of catastrophic wildfire on public land?
Yes. It's been a dilemma that we’ve had for years. The Forest Service is able to put out 98 percent of their fires from the start and they never grow into big fires. It's the two percent that becomes catastrophic fires. Being successful at putting out small fires, the fuel load continues to grow each year. There’s more dead trees and thick brush and it's hard to get in there and clean it out and fuel loads are enormous. When we have a fire it's devastating and hard to put out. We’ve funded in our appropriation bill this year, both the BLM and Forest Service a ten year average. Im hopeful that’s enough, but given the size of these fires across the west we may be looking at more appropriations to fund these.
What about firefighting equipment?
The Air Tankers needed to fight fires and awfully thin right now. As you know we’ve lost a few this year we don’t have many left. We used to have a fleet of 42, and we have to do something that re-establishes those tankers and help fight these devastating wildfires. Getting new tankers is an expensive proposition but necessary that we do it. Right now I’m working with Senator Reed from Nevada on the Senate side, and Senator Feinstein and others and we’re trying to put together a plan to get these tankers rebuilt.
Also in this Bill you talked about the high cost of litigation, You think the American public would rather see this money put on the ground than lining lawyers pockets?
I once asked the Chief of the Forest Service this question: ‘When you make a management decision on a timber cut or a thinning, how much of the money you spend making that decision is actually spent on making a good scientific decision that you can defend and how much is spent making it bullet proof from a lawsuit?’ He said between 50 and 70-percent of the money is spent trying to make it bullet proof. Wouldn’t it be nice to see that money out of the courts and instead on managing public lands?
One of the problems we have right now is called the Equal Access to Justice Act, also known as EAJA and it allows anyone to sue. If they’re on the prevailing side they’re allowed attorney fees and damages.
The problem is that no one is tracking how much we’re spending in EAJA fees. Where is all the money going? I once asked the Secretary of Interior, ‘If you lose a case and have to pay EAJA fees does it come out of your budget?’ He looked around at his staff and no one knew! If you don’t know where it's coming from, if you are not paying for it, then you’re not tracking it well. Most of it comes out of the Justice fund and we have put some requirements that require them to report where the money is coming from. We want to know who’s paying for these lawsuits, how much the attorney fees are and who exactly is getting these EAJA fees. We need that information to be able to reform the process so we’re not spending billions of dollars on court costs.
Is there good evidence out there that lawyers are suing the Federal Government, collecting fees and suing over again?
There’s evidence of that and evidence that organizations sometimes sue the government and prevail on part of the suit and attorney fees rewarded by the court are sometimes higher than what ordinary attorneys are paid.
So it's a cottage industry that’s built up, we need to end that. But people should still have a say in how their public lands are managed, they are public lands, but taxpayers should not be stuck funding these organizations so they can create more lawsuits.
The Farm Bill is under discussion back in Washington, what's the latest?
There’s been mark-ups in the House Agriculture Committee on the Bill. The Senate has a bill on the floor. If we can get the House bill out and done and then we can hopefully write a new Farm Bill because the other one is expiring quickly. There are provisions in it that eliminate the sugar program which is a no cost program to the taxpayer and is actually a good program. Idaho sugar producers support it and we were able to defeat that amendment in the committee today. There's also a dairy provision that I’ve been working on with the Idaho dairymen that Rep. Colin Peterson and I have written. And there’s also been an attempt by some to remove that part of the farm program and we were able to maintain that so it's moving along the way we want it. It's a pretty good Farm Bill. It does reduce spending over 10 years by $35-billion dollars in the bill so its conservative. It meets our goal of trying to reduce Federal Spending, yet its a good bill for agriculture.