"My father made him an offer he couldn't refuse," Michael Corleone
tells his girlfriend Kay in perhaps the most famous line from "The
Godfather." Three decades after Mario Puzo's fictional saga of a New
York crime family first captured the public's imagination, the expression
"to make someone an offer he can't refuse" has come to characterize
those less than voluntary decisions people sometimes are forced to make.
Sadly, such "offers" have long been a staple of U.S. environmental
policy. For years, property owners in rural America have been confronted
by unpleasant choices in which the thing they least want to do-sell their
land-becomes the only option open to them. Selective enforcement of the
Endangered Species Act, arbitrary application of wetlands regulations, massive
government land purchases, or protracted disputes over grazing and water
rights-these are the things that traditionally pit powerful federal bureaucrats
against unsuspecting farmers, ranchers, and other property owners.
In this unequal battle, federal agencies not only have hordes of government
lawyers at their disposal, they also have powerful, well-funded allies in
the environmental movement who have mastered the art of putting the squeeze
on the hapless landowner. Cloaking themselves in the mantle of environmental
protection, these groups know how to turn environmental laws against property
owners, coordinate their land-grabbing schemes with friendly federal regulators,
and employ their vast financial resources to intimidate landowners.
The tactics these organizations use vary widely. Some purchase private land
and sell most of it to the government for a profit - a lucrative practice
for some environmental organizations that creates a perverse incentive to
target private property. Others promote direct government purchases of private
land in the guise of "protecting" it. Some bring suit either against
the government or against the property owner with the goal of forcing the
landowner to sell his property. Still others allow property owners to keep
their land but seek restrictions on its use. But regardless of the approach
taken, the big environmental groups' wealth enables them to attack property
owners from different directions.
Indeed, the amount of money pouring into the nation's roughly 8,000 environmental
organizations is nothing short of staggering. In his landmark five-part
series for the Sacramento Bee, appropriately titled "Environment, Inc.,"
Tom Knudson reported that U.S. green groups took in $3.5 billion in 1999,
up 94 percent since 1994, and that individuals, companies, and foundations
gave an average of $9.6 million a day to environmental organizations in
1999. Knudson, whose series appeared in the April 22-26, 2001 editions of
the Bee, pointed out that such is green largess that the salaries for CEOs
at the ten largest environmental groups averaged $235,918 in 1999, the latest
year for which figures are available.
Something else Knudson's exhaustive research turned up is the unequal distribution
of the money flowing into the coffers of environmental organizations. Citing
data on file with the IRS, he found that 20 of the nation's 8,000 green
groups took in 29 percent of all contributions to environmental groups in
1999. Indeed, the top 10 environmental groups earned spots on the Chronicle
of Philanthropy's list of America's wealthiest charities.
Because space does not allow for consideration of the tactics and strategies
of all key players, this article will focus on the activities of three of
the most successful organizations: the Nature Conservancy, the Conservation
Fund, and the Wilderness Society.
The Nature Conservancy
Of the most powerful green organizations, none is more flush with cash-or
more astute at using its wealth in the service of its political agenda-than
the Nature Conservancy. Founded in 1951, the Nature Conservancy has grown
from modest beginnings to become what property-rights advocates Ron Arnold
and Alan Gottlieb have correctly labeled "the richest of all environmental
groups." In the fiscal year ending June 30, 2000, the Conservancy reported
total revenue and other support of $786.8 million. In addition to its headquarters
in Arlington, Virginia, the group has eight regional offices, along with
50 state chapter offices.
The Nature Conservancy boasts a membership of 1,029,012 people who pay a
minimum annual membership fee of $25. In addition to the membership dues
and contributions that generated $357.4 million in fiscal year 2000, the
Nature Conservancy earned $60 million from government awards, $14 million
from private contracts and $161 million from investment income. The Nature
Conservancy also reports that it received "gifts of land" in 2000
worth $90 million.
The group is certainly not exaggerating when it describes itself as "the
world's largest private international conservation group. "Working
with communities, businesses and people like you, we protect millions of
acres and waters worldwide." To date, the Conservancy has acquired
more than 12 million acres of land in the U.S. that is organized into more
than 1,400 preserves. There is no reason to doubt that the Conservancy will
be able to continue its aggressive acquisition of land. Last year alone,
donations increased more than $60 million, helping it add more than 500,000
acres to its network of sanctuaries. The Nature Conservancy is currently
waging a "Campaign for Conservation" to raise $1 billion to "save
the world's Last Great Places." As of September 2001, the Conservancy
was well on the way to meeting that goal, having raised $817.5 million.
Corcoran elaborated: "The Conservation Fund, working with the Park
Service, decided they were going to start picking up properties outside
the boundary of the park. The Park Service did not have the right to tell
them to pick up private properties outside the legislated boundary, for
the purpose of selling them to the National Park Service. "One of those
properties would have surrounded me and put my farm in the park, and we
purchased the property to save ourselves from being included with a national
park boundary expansion. Once private property comes inside the boundaries
and becomes an inholding, it is eligible to be condemned by the Park Service."
Corcoran noted that Conservation Fund lobbyists made repeated attempts in
Congress to find a senator who would support an expansion of the park's
boundary. "But there are sixteen homeowners who would get stuck as
inholders inside the park, and they're scared to death." Fortunately,
Corcoran and her neighbors banded together and blocked the Conservation
Fund's maneuvers at Antietam.
The Wilderness Society
Founded in 1935, the Wilderness Society says its mission is "to protect
America's wilderness and to develop a nationwide network of wild lands through
public education, scientific analysis, and advocacy." Headquartered
in Washington, DC, the Wilderness Society has eight regional offices and
over 200,000 members. In 1999, it had a budget of $14.3 million and generated
more than $18.8 million in revenue, almost all from donors. Individuals
accounted for $14.8 million of the revenue, foundations for $2.5 million
and corporations for $265,000. Leading philanthropic donors to the Wilderness
Society include the Ford Foundation ($225,000 in 1998), the John D. and
Catherine T. MacArthur Foundation ($150,000 in 1998), the David and Lucile
Packard Foundation ($50,000 in 1999), and the Town Creek Foundation ($75,000
in 1998).
The Wilderness Society occupies a unique position. "It has steadfastly
rejected the acquisition and ownership of private property for its own self-management,
unlike the Audubon Society, the Nature Conservancy, and the National Farmland
Trust," note Arnold and Gottlieb. "Instead, the Wilderness Society
prefers to advocate only government ownership and management of natural
resources.
"In keeping with its pledge to "develop a national network of
wild lands," the Wilderness Society is one of many environmental organizations
involved in the "Wildlands Project." Described by Science magazine
(June 25, 1993) as "the most ambitious proposal for land management
since the Louisiana Purchase of 1803," the Wildlands Project calls
for "a network of wilderness reserves, buffer zones, and wildlife corridors
stretching across huge tracks of land-hundreds of millions of acres, as
much as half of the continent."
According to Science, the long-term goal of the Wildlands Project "is
nothing less than a transformation of America from a place where 4.7 percent
of the land is wilderness to an archipelago of human-inhabited islands surrounded
by natural areas." Quietly launched in 1991, the Wildlands Project
has been guided by David Foreman, formerly with the Wilderness Society and
founder of Earth First!; Michael Soule, professor emeritus at the University
of California at Santa Cruz and a man considered the father of "conservation
biology"; and Reed Noss, an Oregon-based scientist and prominent conservation
biologist. By 1999, the Tucson, Arizona-based organization had a full-time
staff of eight and a budget of $1.6 million.
The project aims to return fifty percent of the continental United States
to a "natural" state. It calls for establishing systems of core
wilderness areas where human activity would be prohibited. Biological "corridors"
would link the "core areas," serving as highways allowing nonhumans
to pass from one core to another. And buffer zones would be established
around the core areas and their interlocking corridors. Only outside the
buffer areas would human activities such as agriculture and industrial production
be permitted. The goal is to overcome what conservation biologists Soule
and Noss refer to as the "fragmentation of habitat." In this ecocentric
view of the world, the survival of flora and fauna takes precedence over
all other considerations. "Our goal is to create new political realities
based on the needs of other species," the Wildlands Project's Foreman
told Science News in 1993.
The project is so audacious that it easily could be dismissed as little
more than a green pipe dream. Yet the Los Angeles Times took the Wildlands
Project seriously enough to do a feature on it in September 1999, even reproducing
a map courtesy of the Wildlands Project. As the Times noted, the Wildlands
Project goes beyond setting aside land. "The group also envisions 'rewilding'
parts of the West by winning government approval to bring back major carnivores
like mountain lions, wolves and grizzlies to maintain ecological checks
and balances." Needless to say, introducing carnivores into rural areas
might so frighten local residents that many would leave-exactly what Wildlands
Project supporters want.
To launch the scheme, the Bullett Foundation gave the Oregon Natural Resources
Council, a Wildlands Project member, $95,000 in 1993 and 1994 for "advocacy
work based on good science, agency monitoring, and appeals." The Pew
Charitable Trusts also gave the project a boost. In 1993, it named Noss
its Pew Scholar for Conservation and Environment, providing him with $150,000
for the next three years. Many donations have gone directly to the Wildlands
Project, but others are made to one or more of three dozen organizations
that are part of the project's grassroots network. Friends of the Bow/Biodiversity
Associates, for example, is dedicated to "protecting" and connecting
the Medicine Bow National Forest of Wyoming and Colorado, the Black Hills
of South Dakota, and the northern portion of Colorado's San Juan Mountains.
The group vigorously opposes logging and mining activities in the region
and supports U.S. Forest Service attempts to mandate roadless areas in the
national forests. Its donors include the Wildernes Society, Sierra Club,
Foundation for Deep Ecology, National Rivers Coalition, Fund for Wild Nature,
Harder Foundation, and Reraam Foundation.
The Wildlands Project has enjoyed the enthusiastic support of the Wilderness
Society. "It's the right vision, it's the vision we have to pursue
or say good-bye to Mother Nature," said Mark Shaffer, the group's former
vice president of resource planning and economics. In this spirit, the Wilderness
Society in July 2001 joined the Sierra Club and the Colorado Wilderness
Network to urge Congress to designate for wilderness protection 1.6 million
acres of "wildlands" held by the Bureau of Land Management (BLM)
and adjacent U.S. Forest Service land. The proposal, they explained, "offers
a balanced alternative to the threats to these special places from increased
oil and gas development, mining, logging, and unregulated off-road vehicle
use."
Such proposals should not be viewed in isolation. Each acre of land so "protected"
becomes part of a larger mosaic that activists put together piece by piece.
They have a vision of where they want to go and how to get there. Supporters
of the Wildlands Project may never realize their goal of creating interlocking
cores, corridors, and buffers across the North American continent. But enough
private land is lost in the United States to pose a threat to our nation's
character. Every bureaucratic land grab undermines the right to own property
and produce wealth-wealth that sustains philanthropy.
The Human Cost of Land Grabbing
Dave Fisher is a third-generation cattle rancher at Ord Mountain, near Barstow,
California. Fisher's ranch has been in his family for 75 years, and he has
permits from the BLM that allow him to graze cattle on government-owned
lands adjacent to his property. Fisher's ranch, located in the California
Desert Conservation Area, is subject to unique climatological conditions
prevailing in that part of the Mojave Desert. It's also subject to federal
regulation. Like other ranchers in the area, Fisher's livelihood depends
on his ability to use his own land and to acquire the grazing allotments
he leases from the BLM.
In 2000, three environmental groups-the Center for Bio-Diversity, Sierra
Club, and Public Employees for Environmental Responsibility-sued the BLM
in federal court over its conduct relating to threatened or endangered species
protection in Southern California. The BLM settled the case out of court.
Without consulting its inholders-the landowners whose property is surrounded
by government-owned land-or its lease holders who hold BLM grazing permits,
the BLM declared its lands and those under private ownership in the affected
area to be "critical habitat" for the desert tortoise. It also
agreed to a series of stipulations on how critical habitat could be used.
Especially onerous to ranchers like Fisher, the BLM drastically reduced
the number of days cattle could graze on BLM allotments. On May 15, 2001,
Fisher was given 15 days to remove his 307 head of cattle from the BLM land
for which he had grazing permits. He was also told to remove the cattle
from his own land. Fisher appealed the decision.
The drastic BLM action prompted San Bernardino County Sheriff Gary Penrod
to revoke a three-year-old Memorandum of Understanding between his office
and BLM's law enforcement branch. In an April 17, 2001 letter, a copy of
which was provided by Fisher's lawyer Karen Budd Falen, Sheriff Penrod told
the federal agency that it was acting in an "arbitrary and unreasonable
fashion in threatening to remove cattle from grazing lands situated within
the County of San Bernardino."
"This action," he wrote, "will directly and negatively impact
the very livelihood of California cattlemen, and may result in physical
resistance by cattlemen attempting to preserve their stock." Penrod
added: "I do not wish to be associated with any Bureau of Land Management
Law Enforcement personnel who may be precipitating possible violent range
disputes."
On August 24, Administrative Law Judge Harvey C. Sweitzer ruled that the
BLM violated its own regulations by failing to engage in "consultation"
with Fisher and six other ranchers affected by its order. Judge Sweitzer
remanded the BLM order back to the agency and instructed it to afford Fisher
and the other ranchers "a real opportunity to contribute information
and shape the actions to be taken for the future benefit of all parties."
However, on September 7, the agency simply resurrected its May 15 decision
and slapped strict limits on Fisher's use of his lands and lands within
the grazing allotment. When the decision goes into effect, Fisher will have
just 48 hours to remove his cattle from the 154,848-acre allotment he leases
from the BLM. What's more, if Fisher's livestock stray into the closed areas,
even though there are no fences, he could be charged with trespassing and
lose all or parts of what is left of his grazing privileges.
Because there isn't enough private pasture to feed his herd, it's ruinous
to Fisher to have the BLM reduce by 44 percent the number of days he is
permitted to graze livestock on his allotment. And it's physically impossible
for Fisher to remove his cattle from the huge area in 48 hours. Moreover,
by including some of his own land in the exclusion area, BLM denies Fisher
the use of his property without compensation. If these actions stand, Fisher
will lose his ranching operation.
Judge Sweitzer's instruction that BLM allow Fisher to participate in the
grazing decision is less supportive than it at first appears. His only opportunity
to participate was a BLM "workshop" scheduled for September 6-7.
Fisher was given less than one week's notice and because of a prior commitment
could not attend. BLM ignored his request to reschedule it for the following
week. Ironically, it was rancher stewardship of the land that attracted
the desert tortoise. It was not until the Fisher family drilled water wells
on its own land that the desert tortoise became prevalent in the California
Desert Conservation Area. The tortoise attracted the attention of the environmental
groups, and they used it and their influence with federal officials to push
Fisher and his neighbors off the land.
Ending a Way of Life
Sadly, the tragedy befalling Dave Fisher is duplicated across the country.
As these lines are written, 1,400 farmers and farmers along the California-Oregon
border are facing a similar disaster. A severe drought has prompted the
Bureau of Reclamation to divert water intended to irrigate crops in the
arid region, called the Klamath Basin, to rivers and lakes that are home
to to two species of sucker fish, which the Fish & Wildlife Service
considers endangered species. Without the life-sustaining irrigation, the
farmers' potato crop will wither in the field.
In a pattern that has become all too familiar in rural America, environmental
organizations, among them the Oregon Natural Resources Council and Water
Watch, filed the lawsuits that triggered the federal government's decision
to cut off the farmers' water. Like Fisher, the Klamath Basin farmers and
farmers are on the verge of losing their livelihood because the Endangered
Species Act protects a species other than their own. Many of the Klamath
Basin's residents are descendants of World War I and World War II veterans
who settled the region after the government promised them they would have
water for irrigation. Indeed, many veterans had deeds -- signed by various
U.S. presidents -- granting them and their heirs water rights into perpetuity.
As their prospects for economic survival dwindle, there is talk of having
the federal government or environmental groups buy them out. But the proud
residents of the Klamath Basin don't want to be bought out; they want to
farm and ranch just as their grandparents did.
Farmers and ranchers are being urged to accept an offer they can't refuse.
They may have little choice but to salvage what they can. But if it comes
to that, another bit of rural America will have surrendered the promise
of prosperity and forcibly be returned to the wild.
Bonner R. Cohen, Ph.D, is a senior fellow at the Lexington Institute in
Arlington, Va. A former editor of EPA Watch, he currently serves as Washington
editor for the Earth Times.

