VERNAL, Utah - Dinosaurs live on in northeastern
Utah. A life-size plaster Tyrannosaurus rex, advertising nearby
Dinosaur National Monument, stands poised to pounce on visitors as
they enter the town of Vernal. The wide main street is lined with
hotels, restaurants and gift shops - the Dinosaur Inn,
Dine-a-ville, the Dinosaur Quarry. Thousands of visitors pass
through this isolated town of 8,000 each summer, pausing at the
wildlife refuge, the nearby reservoir, or the well-stocked state
museum. Many are headed farther east, to visit the monument or raft
the Green River.
The real king of Vernal comes
into view at the eastern end of town, where dinosaurs give way to
rows of petroleum company offices. Oil and gas are still a
significant part of the local economy, and surrounding towns far
from the tourist route also gain their living - and sometimes their
names, like Gusher or Bonanza - from the industry. Outspoken
environmentalists are few and far between in Uintah County, a
Mormon outpost in one of the West's most conservative
states.
But petroleum and dinosaurs are not the
only draws to the area. From Vernal, a few dirt roads wind south
into the East Tavaputs Plateau, which rises gradually from desert
scrub in the Uintah Basin to aspen and fir forests. Sixty air miles
later, the plateau ends abruptly at the Roan Cliffs and Book
Cliffs. The plateau, usually known only as the Book Cliffs, is a
patchwork of federal, state, tribal and private lands. In spite of
the political subdivisions, it is a largely unbroken landscape,
representing some of the most remote country in the lower 48. Nine
years ago, five experienced staffers from the federal Bureau of
Land Management and the Utah Division of Wildlife Resources
gathered around a campfire on one of those remote acres. Here, they
hatched a plan to conserve the unique wildness and wildlife in the
Book Cliffs - in a way the local community would
support.
The streamsides and meadows of the Book
Cliffs were showing the effects of too many cattle and too little
grass, and the agency staffers thought they saw a way to restore
the landscape.
They envisioned a partnership to
shift the management emphasis from cattle to wildlife. Several of
the private ranches that controlled most of the public land on the
plateau were for sale, and - with the help of funding from national
conservation groups - the agencies might be able to acquire the
land. Some of the federal and state grazing allotments could then
be used for wildlife, decreasing the impacts of cattle grazing,
helping to increase the area's elk herd, and providing
opportunities to reintroduce native species like cutthroat
trout.
It sounded so good that a lot of people
around here got on board, including three of the four ranchers in
the Book Cliffs and the handful of local environmentalists. They
were joined by regional sporting groups and two centrist national
conservation groups, The Nature Conservancy and the Rocky Mountain
Elk Foundation. As pieces of the plan fell into place, backers
thought local support for the effort would ensure its
success.
They were wrong. While some consensus
efforts are being fought by environmentalists who fear a surrender
to local economic interests - such as in Quincy, Calif. (HCN,
9/29/97) - here the opposition would come from Oscar Wyatt, an
oil-industry multimillionaire with extensive holdings around Vernal
whose wife describes him, somewhat humorously, as a modern version
of a Russian czar.
The hidden
land
Millions of people who pass through
northeastern Utah skirt the lower edge of the Book Cliffs, but few
realize what's on top. The thousand-foot-high cliffline makes up
the longest continuous escarpment in the world, dominating the view
for drivers along 250 miles of Interstate 70 and U.S. Highway 191
from Grand Junction, Colo., to Price,
Utah.
"There isn't a paved road between the
Colorado line and the Green River," says Will Durant, president of
the Uinta Mountain Club, a local environmental group. "To drive
into the Book Cliffs, you take extra tires, cans of gasoline, and a
handyman's jack."
The plateau has few human
inhabitants, and is well known only to oilmen and to hunters and
other outdoorspeople who appreciate the elk and deer herds.
National-level officials at the Bureau of Land Management have said
that the area is second only to Yellowstone National Park in terms
of its importance to wildlife.
In the years after
the conservation plan was proposed, the agency staffers who had sat
around that campfire in the Book Cliffs watched their dream
materialize. The Nature Conservancy bought one ranch for $1.3
million in 1991, and the Rocky Mountain Elk Foundation bought a
second ranch for about $1 million in 1993. Most of the ranches'
private land, about 10,000 acres, was resold to the government
agencies.
The real point of the purchases -
grazing rights to some 200,000 acres of state and federal land -
was divided between the state wildlife agency and the conservation
groups.
The owner of another ranch, Burt
DeLambert, wasn't interested in selling but supported the proposal,
running his cattle on Nature Conservancy allotments to disperse the
impact of his herd.
"I thought it was a pretty
good idea to make room for the elk," DeLambert says. "And (The
Nature Conservancy) made room for them honestly, by buying the land
instead of trying to squeeze us out."
Altogether, the number of cattle on the land was
reduced by about 500, leaving about 2,200 on the various grazing
allotments.
The Bureau of Land Management had
promised that the proposal wouldn't increase federal holdings, and
made good on its promise by transferring some federal land near
Vernal to Uintah County.
The proposal, formally
called the Book Cliffs Conservation Initiative, found support
because it didn't seem radical. Cattle would be reduced in number,
but not kicked off the plateau entirely. Because the impact of the
remaining cattle would be diffused, the habitat would recover and
support an increase in the resident herd of elk from 2,000 to
7,500. A management plan for the area would be developed through
consensus, creating a "multiple-use showcase" by maintaining access
for hunting and oil and gas extraction.
"The
initiative has moved with surprising speed and support," said a
joint publication of the agencies and conservation groups in 1991.
In addition to the land acquisitions, the goals were to
"demonstrate a management commitment to the area's unique
ecological values ... (and) focus on increased wildlife density and
diversity ... with the assistance of all interested parties."
Things were going so smoothly that Utah Gov.
Mike Leavitt had accepted an invitation to speak at a dedication
ceremony in 1996 for the initiative.
Still, one
piece hadn't fallen into place. When the Nature Conservancy and the
Elk Foundation tried to buy the 5,600-acre S&H Ranch in 1995,
there were conflicting appraisals of its value. Because the groups
believed there were problems with the owner's appraisal, they were
not willing to meet the $3 million asking
price.
But someone else was. The ranch was sold
to a corporation headed by Oscar Wyatt. Called Sweetwater Ranch
after Wyatt's purchase, the ranch has 150,000 acres of public-lands
grazing permits.
Wyatt, 73, is the founder and
former chairman of the Houston-based Coastal Corp., a company with
active drilling operations around Vernal.
He soon
got into the consensus process in his own way. A month before the
dedication ceremony was to be held, he sued nearly everyone
involved with the Book Cliffs proposal, charging that an increased
elk herd would compete with his cattle for forage and make his
ranch unworkable.
One of Wyatt's lawyers, Matt
Lalli, was quoted in the Salt Lake Tribune as saying that the
proposed initiative amounted to "a global conspiracy." It's the
lawsuit, and the possibility of future legal actions, that has
nearly all the key players in the initiative lying low and makes
them hesitant to speak on the record for this story. When Wyatt
showed up, he changed
everything.
He built an oil
empire
By many accounts, Wyatt, a lifelong
Democrat, is a colorful and hard-driving
character.
According to the Houston Chronicle,
Wyatt, a mechanical engineer by training, started the Hardly Able
Oil Co. in 1951 on an $800 loan, using his 1949 Ford as
collateral.
In 1955, he founded Coastal States
Oil and Gas Co., gathering gas from small producers and combining
it with Coastal's gas before selling the gas in large quantities to
big pipelines. Coastal States had revenues of $12 billion in 1996,
with net profits of $402 million.
As he built
Coastal Corp. into the nation's 12th-largest oil company, an empire
that includes 1,700 gas stations and natural-gas pipelines across
Colorado and Wyoming, Wyatt regularly dragged his opponents, and
even his allies, into court. In 1984, for example, he sued a
Venezuelan oil company, claiming the company was trying to drive
his company out of business.
More recently, he
got bad publicity on a global scale, as Coastal Corp. or its
subsidiaries attempted major oil deals with Muammar Qaddafi of
Libya and Saddam Hussein of Iraq.
"Oscar Wyatt
would sup with the devil if he could make money from it," wrote
Forbes Magazine columnist Toni Mack in 1996. At a display of the
Russian crown jewels in Houston last year, Wyatt's wife, socialite
Lynn Wyatt, described her husband as having a lot in common with
Czar Peter the Great.
Wyatt stepped down as
chairman of Coastal Corp. last year, but has remained on the
corporation's board of directors. At last year's gathering of
Coastal Corp. stockholders, a video tribute to Wyatt offered praise
from both the right (Bob Dole) and the left (Jesse
Jackson).
Wyatt's attack on the consensus effort
in the Book Cliffs was consistent with his aggressive business
tactics. His lawsuit named 15 defendants, ranging from individual
agency staffers to The Nature Conservancy and the U.S. Department
of the Interior, and it charged that the initiative's backers were
illegally conspiring to convert the Book Cliffs into a wildlife
preserve.
The heart of the legal action against
the agency concerned the use of grazing permits for wildlife. Wyatt
said that as the Book Cliffs elk herd increased since 1994, most of
the elk moved from the state-land allotments to Wyatt's grazing
allotments, decreasing the forage available to his cattle. He also
argued that the Bureau of Land Management was preventing access to
state and federal lands and interfering with water improvements he
had planned for his grazing allotments.
Before
Wyatt, most local people had focused on the benefits of the
proposal. But, says the Uinta Mountain Club's Durant, an M.D. who
has lived in Vernal since 1983, "there was quiet opposition, and
that galvanized around (Wyatt's) lawsuit. Everyone with a bone to
pick gathered around him."
Uintah County and
representatives from the Ute Tribe, whose Uintah and Ouray
Reservation sprawls around the cliffs, began to voice objections,
saying they had been excluded from the planning process. Led by
county commissioner Glen McKee, some Vernal residents vowed to stop
the dedication ceremony in its tracks.
"Our
intent was to block all roads to the ceremony with oilfield
traffic," recalls Bill Ryan, a member of the county-appointed
Public Lands Advisory Council. "We would have just filled the roads
full so that no one could have gotten through. We thought, "We're
going to have a demonstration to show that there's opposition to
this thing." "
In the face of the threats, the
August 1996 dedication ceremony was
cancelled.
A negative chain
reaction
Wyatt's concerns may have been
contagious because they weren't necessarily baseless. Although the
Bureau of Land Management has not denied any oil and gas permits
since the ranches were acquired, the proposed plan would have
raised the standards of land management and made life a little
tougher for extractive industry in the Book
Cliffs.
Before the lawsuit, the county had
written a letter in support of the initiative, but county
representatives began to worry about access to mining operations
and environmental restrictions on local industry. Wyatt's
complaints about access to public lands also raised concerns among
local oil and gas interests, who said the proposal would interfere
with their future projects.
The proposal stated
that mining in the Book Cliffs would continue in an
"environmentally sensitive" manner. "But "environmentally
sensitive" probably means rules and regulations that we can't live
with," says Bill Ryan, who also owns an oil and gas consulting
business in Vernal. The proposal's focus on wildlife also concerned
some local residents, says Ryan.
"This is
something that sounded benign and beneficial," he says, "but we
were looking at a change in emphasis toward wildlife to the point
that it impacts revenue coming into the county."
The initiative would have accelerated a trend
that Durant says is already under way. He says the BLM's approach
to land management is expanding to include wildlife and wildland
values, as well as commodity production. The initiative would have
permitted continued oil and gas drilling, Durant says, but the
BLM's vision now includes stream restoration and reintroduction of
extirpated species.
But he also says the county's
concerns are overblown. "They're a bunch of guys looking for 19th
century solutions to 21st century problems. They keep hoping the
Book Cliffs will be a hydrocarbon bonanza."
In
the 1970s, the availability of $88 billion in federal subsidies for
synthetic fuel production created a rush on tar sand in the Book
Cliffs and oil shale in nearby western Colorado. The boom collapsed
in the early 1980s, thanks to a decline in oil prices and the
Reagan administration's hostility to oil
subsidies.
After the depression which the bust
caused in northeastern Utah - a depression Durant says the area is
only beginning to overcome - the Uintah County commissioners made a
controversial proposal. Arguing that easier access to the Book
Cliffs would strengthen the industrial base of the county, they
wanted to build a paved road from Ouray to I-70. The proposal was
defeated.
The Ute Indian Tribe also had concerns
about the Book Cliffs Conservation Initiative. Their reservation
borders the initiative area, and they feared that increasing the
elk herd in the Book Cliffs would decrease the deer herd in the
area. Unlike elk, deer are a traditional food source for the tribe.
"Changing the grazing permits is something the tribe would
support," says Bobby Chapoose, director of the Ute Tribe Fish and
Wildlife Department, "but we believe the elk are impacting the deer
herd. Seventy-five hundred elk are fine, as long as there's also
10,000 deer down there."
A 1997 10th Circuit
Court decision has given the tribe more clout in the area. The
decision said that the historic boundaries of the reservation,
which extend to the Colorado line and encompass most of the Book
Cliffs, should remain in place. Although the implications of the
decision are still unclear, federal agencies are now required to
treat the tribe as an equal partner in the area's land management
decisions. "But we want to be more of a cooperator than an
adversary," says Chapoose. "We're not going to step on or over
anyone to satisfy the tribe's desires."
The
tribe, the county, and local oil and gas representatives all
attribute their eleventh-hour criticism to lack of public
information about the initiative. Raymond Murray, a member of the
Ute Tribal Business Council and a Book Cliffs landowner, says only
the two agencies and the two conservation groups were involved in
the initiative. "They were just trying to push this thing through,"
he says.
Ryan, a founding member of the Rocky
Mountain Elk Foundation's local chapter, now says, "I wish I had
every dime I ever gave to (the Elk Foundation) back and that they'd
never heard of the Book Cliffs. Elk Foundation members were
outright lied to."
Bill Christensen of the Elk
Foundation disagrees. "Many of the players have forgotten that they
were involved all the way," he says. "The county and the tribe were
invited to the table back in 1990. And we've only bought off on
this because of the plan's commitment to multiple use."
Christensen adds that Ryan's attitude is not
representative of Elk Foundation members, even in Uintah County. A
fund-raising banquet held in Vernal on the weekend of March 28 drew
over 200 guests and netted $15,000. The chapter's former chairman,
Tom Dabbs, says that the group has even advertised its support for
the initiative on the chapter's letterhead.
"We
were proud to be the home chapter for the Book Cliffs initiative,"
he says.
In some ways, however, Ryan is a typical
Elk Foundation member. Many members are politically conservative,
and the great majority are hunters and anglers. The group advocates
multiple use, and - like The Nature Conservancy - concentrates on
acquiring habitat rather than attacking development. Instead of
rallying opposition to Wyatt's efforts among its members, the Elk
Foundation prefers to appear nonconfrontational. In the Bugle, the
group's magazine, the Book Cliffs plan is described in detail; the
lawsuits and controversy are only briefly
mentioned.
Getting beyond
conspiracy theory
Because they depend on the
cooperation and agreement of so many, consensus efforts are always
vulnerable. One holdout, especially a holdout with a lot of power,
can dominate - or destroy - the process. Speculating on Wyatt's
reasons for interfering with the Book Cliffs initiative is a
favorite pastime in Vernal.
Some say the
Sweetwater Ranch was overvalued and that Wyatt is looking to blame
others for the failure of his cattle operation, while others wonder
if he's acting on a knee-jerk hatred of the federal government.
Because Wyatt has not built a house for himself on the ranch, some
think Sweetwater may be less of a retirement retreat than an
attempt to secure oil and gas deposits in the Book Cliffs, or to
ensure that the land remains open for future large-scale mining of
tar sands. Wyatt may be, after all, an oilman first and
last.
But in an interview, Wyatt says he's
concerned about Uintah County, not his own pocketbook. If he could
do it over again, he says, he probably wouldn't buy the
ranch.
"I've had chances to sell the ranch for
more than I paid for it, but I can't abandon the local people who
are getting abused by this," he says.
There is
also talk of Wyatt's behind-the-scenes influence, including alleged
promises from the oilman to the county that he would bring a
railroad and a waferboard plant into the area. Wyatt also paid for
some of the county representatives, including Bill Ryan, to be
trained in the Bureau of Land Management consensus process. Ryan
acknowledges Wyatt's support, but says, "I can still get in Oscar's
face when I don't agree with him. I don't care that he paid for
me."
Nancy Bostick, a member of the Uinta
Mountain Club, says it's not easy to get in Wyatt's face. Bostick
was a temporary employee of one of Coastal's subsidiaries in the
summer of 1996. When she wrote a letter to the editor of the Vernal
paper supporting the initiative, she was fired within two weeks, an
event that was reported in the Salt Lake Tribune. Wyatt's Coastal
Corp. has two offices in the Vernal area, and Coastal's business
remains important to local industry
contractors.
"In my personal opinion, we're
economic hostages here," says Bostick. "Those that don't have
Coastal as a customer would like to have Coastal as a customer. I
do believe that there are a lot of people who say "I wish this
(lawsuit) had never happened; the original initiative was a good
idea." They're from all walks of life, but they don't dare speak
out. That's a very real thing out here.
"When you
start pulling all the economic strands out," she says, "you've got
one very powerful man. The question is, should (Wyatt) be more
powerful than the millions of owners of public land? I don't think
so."
A U.S. district judge threw out Wyatt's
lawsuit last July.
"You have to get beyond
speculation and stealth and conspiracy theory," an unsympathetic
Judge Dee Benson told Wyatt's lawyer, Matt
Lalli.
But even without a favorable court ruling,
Wyatt has done a fair amount of damage to the initiative. He has
continued his efforts to acquire the grazing permits for 41,000
acres of state land, permits now held by the Division of Wildlife
for elk grazing. Wyatt says that since elk are now competing with
his cattle for summer range and water, grazing rights on state land
would provide his cattle with needed summer
forage.
In a lengthy "bidding war" last summer,
the Division of Wildlife ultimately paid an extra $30,000 to meet
Wyatt's competing offer and exchanged litigation threats with the
agency in charge of maximizing income from state lands, the Utah
State Institutional and Trust Lands
Administration.
Wyatt then claimed that the
Division of Wildlife lease had expired during the negotiation
process. Now he's asking for another chance to bid on the permits
from his very deep
pockets.
The struggle
continues
The initiative's backers and their
supporters are trying to keep the consensus effort going. Although
the Bureau of Land Management could have used its normal
land-planning process to move the Book Cliffs initiative ahead, the
agencies still hoped to win the support of the initiative's
opponents. After Wyatt's lawsuit was filed, and before it was
thrown out, the BLM tried to bring all participants to the table.
They came, but the meetings were usually described as "brawls' and
"shouting matches."
Wyatt continued to call both
the initiative and the continuing consensus process a "conspiracy."
In a February 1997 letter read to a group by another of his
lawyers, Tom Bachtell, he said, "By holding these meetings, they
are building a record that they think will entitle and justify them
to usurp property rights of all the people involved in the Book
Cliffs ... Please join us in helping us to stop these people in
their tracks. If we're lucky, we might be able to put a few in
jail."
These new accusations set the tone for
the meetings. "You have one hell of a time trying to reach
consensus," says Raymond Murray. "We spend most of our time
arguing." Nancy Bostick adds, "There's just been a lot of posturing
and name-calling. My blood pressure probably rises 40 points every
time I go to one of the meetings."
The group's
executive committee decided that smaller, more specialized
committees would be more productive, and organized three committees
of 10 to 15 people that have been meeting every other week since
January of this year. Wyatt doesn't attend these meetings, but he
is represented by his ranch manager. In comparison with accounts of
the larger meetings, the smaller groups are relaxed. Although there
are obvious points of disagreement, the members seem comfortable
with one another, often ignoring formal rules of order in favor of
informal voice votes.
But the teams aren't
dealing with the most contentious issues. The acquired lands are
not on the table, since the sales were completed several years ago.
Neither are the increased elk numbers, since the size of the elk
herds is determined independently by the state Division of
Wildlife.
Instead, the committees often tackle
questions that are not directly related to the lands acquired in
the initiative. At a recent meeting, one committee talked about
off-road vehicles in the Book Cliffs, sorting through public
comments and members' concerns to reach common ground. That
committee decided to support no new trail construction in the area,
a recommendation that will be presented to the larger group when it
reconvenes. Other topics have included seasonal road closures and
preservation of historic cabins in the Book
Cliffs.
Chris Montague of The Nature Conservancy
says he is "decently optimistic," and agency staffers feel that
this year's efforts have been positive. "I thought I would wind up
hating some of these folks," says Will Durant. "They have different
value systems, but I like them. It's infinitely preferable to
lobbing grenades over the fence."
Yet progress
is difficult to measure, and critics say that local economic
interests still dominate the process. For now, in the wake of
Wyatt, the effort seems fragmented.
Because of
the hostile nature of the previous meetings, the agencies have said
that they will not participate in the larger meetings until a
professional facilitator is brought in. "The (larger) meetings will
be going forward, but we want to make sure that they're productive
for all attendees. There's no use in having a lot of acrimony and
disagreement without proper facilitation," says Bureau of Land
Management Vernal District manager Dave
Howell.
The Elk Foundation and the Uinta Mountain
Club have supported the agencies' position, but other members of
the larger group, including The Nature Conservancy, tribal and
county representatives, and the Bureau of Indian Affairs, have
continued to meet without them.
The Bureau of
Land Management will use the conclusions of the group to write an
amended Book Cliffs resource management plan and an environmental
impact statement for the amended plan, a project it plans to begin
sometime this year.
Meanwhile, the county has
hired an outside consultant to write its own plan for the Book
Cliffs. "We thought the group might be falling apart," says Bill
Ryan. "We worried there would be no (environmental impact
statement) or a badly written one."
Uintah
County Commissioner Herb Snyder maintains that the county is not
"trying to throw a monkey wrench into things," but many
participants see the county's actions as detrimental to the
productive efforts of the more specialized
groups.
"All these groups spinning off undermines
what we're doing," says Durant. And, says Bill Christensen of the
Elk Foundation, "when it comes down to brass tacks, the Bureau of
Land Management - not the (consensus process) or any of the
participants - is responsible for the final decisions."
While maneuvering continues in Vernal, the
Division of Wildlife continues to rehabilitate streams on its
holdings in the Book Cliffs. The director of the Division has
instructed the Vernal office to "stabilize" the elk herd on Wyatt's
grazing allotments, says regional supervisor Walt Donaldson, until
the agencies study elk migration and forage use on the allotments.
"If the elk are causing a problem with the range and habitat that's
out there, the Division is not interested in causing more growth of
elk," he says.
The Division's Wildlife Board has
also prohibited deer hunting in the entire Book Cliffs area for the
past two years, and the Division of Wildlife plans further
scientific studies to address the tribe's concerns about
competition between deer and elk.
Bachtell,
Wyatt's lawyer, says that Wyatt has recently offered to fund all or
part of the various agencies' studies. "They don't have the data to
make long-term decisions about the Book Cliffs. They need that
data, and we're willing to help them get it," Bachtell says. "We're
anxious to put money on the ground instead of in the courtroom."
The agencies say they are considering the
offer.
"I want my ranch to get profitable," Wyatt
says, "but that can't happen when the elk are starving my cattle
out."
Karen Budd-Falen, a Wyoming lawyer who
represents wise-use groups in their fight against federal
environmental regulations, has recently joined Wyatt's legal team
as a specialist in public-land grazing.
Now,
nearly 10 years after the Book Cliffs Initiative began, its fate
remains unclear. Instead of implementing an innovative land
restoration plan, most financial resources are being spent in
courtrooms and on studies intended to prove one point or another.
On the other hand, in an area where oil and cattle have always been
dominant, and where environmental influence has always been weak,
the surprise may be that a plan to restore a huge expanse of land
remains the focus of everyone's
attention.
Looking back at the past decade, Will
Durant of the Uinta Mountain Club says, "If Oscar hadn't come in,
it (the original initiative) would have been a done deal. But now
we're getting to know each other, and we can go ahead and work
together not just on this but on other problems. In the end, we
might come up with a more benign and visionary plan for the Book
Cliffs than we would have had in the first place."
n
Michelle Nijhuis is an
intern at High Country News. This is the first lead written by an
intern since May 1985, when Bruce Farling wrote "Mining may come to
a wilderness." HCN's contributing editor, Ray Ring, contributed to
this story.
You can contact
...
* Vernal Office of Utah Division of Wildlife
Resources, 435/789-3103;
* BLM district office in
Vernal, 435/781-4400;
* Utah field office, Rocky
Mountain Elk Foundation, 801/254-1922;
* Utah
field office, The Nature Conservancy,
801/531-0999.






