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Headline News
for the week ending June 27, 2003

…Smog alert for Southern New Mexico
A plume of smoke from the Seco and Jenny Fires in the Aldo Leopold Wilderness and Black Range of Sierra County, as well as from other fires spread throughout the immense Gila National Forest, appears like a thick rolling cloud after Tuesday evening’s sunset against Mud Mountain in Truth or Consequences. Click on any of the three photos above to enlarge them and for more details. Posted 6-25-03

Domenici criticizes USFS for lack of strategy 
& momentum on tackling grazing permit backlog

  Senator Pete Domenici, chairman of the Senate Energy and Natural Resources Committee, on Wednesday chided the Forest Service for its slow and disorganized efforts to reduce an apparent backlog of 3,666 grazing permits and for failing to provide the committee with clear and reliable data regarding the estimated 9,500 grazing permits under its management.

Posted 6-26-03

Rep. Pearce unveils legislation 
to balance ESA & constitutional rights

  Congressman Steve Pearce, R-NM, on Wednesday introduced a bill in the U.S. House of Representatives that will provide balance between the Endangered Species Act (ESA) and the rights guaranteed to states and private property owners under the U.S. Constitution.

Posted 6-26-03

Bingaman urges Senate to adopt his 
comprehensive forest-thinning proposal

  Citing the many fires burning right now in New Mexico, U.S. Senator Jeff Bingaman called on the Senate Wednesday to quickly pass legislation aimed at expediting forest-thinning projects on millions of acres of national forest service lands in the state and throughout the West.

Posted 6-26-03

Seco Fire burns 3,000 acres; Jenny still active

  Aerial observations of the Seco Fire estimated the blaze to be at 3,000 acres today (Wednesday, June 25).

…Smog alert for Southern New Mexico

A plume of smoke from the Seco and Jenny Fires in the Aldo Leopold Wilderness and Black Range of Sierra County, as well as from other fires spread throughout the immense Gila National Forest, appears like a thick rolling cloud after Tuesday evening’s sunset against Mud Mountain in Truth or Consequences. The Seco and Jenny fires have grown to 800 acres and 3,500 acres, respectively, the Gila’s Fire Information Office in Silver City reported Tuesday. Several trails have been closed as a result of the Seco Fire (see story below) and Forest Road 46 near the Jenny Fire also has been closed south of NM Highway 59. The Seco Fire is about 18 miles southwest of Chloride and the Jenny Fire is eight miles northwest of Chloride. An Incident Management Team has been dispatched to manage fire suppression activities. People with respiratory disorders have been advised to stay indoors and not to exercise, especially during morning hours when smoke and particulate matter settles closer to the earth’s surface.
DJ photos by Bill Johnson

(posted 6-25-03)

Seco Fire burns 3,000 acres; Jenny still active

SILVER CITY - Aerial observations of the Seco Fire estimated the blaze to be at 3,000 acres today (Wednesday, June 25).

The fire is 25 miles northeast of Silver City, NM. Winds drove the fire towards the eastern edge of the Wilderness boundary. The fire also moved to the west across the Continental Divide Trail.

An attempt was made earlier in the day to deliver firefighters to strategic areas to begin an indirect attack on the blaze, however extreme and erratic fire behavior forced officials to reconsider the plan.

New Mexico State Forestry Division and U.S. Fish and Wildlife Service engine crews will be patrolling along the eastern section throughout this evening.

The Jenny Fire, located 18 miles north of the Seco Fire, is moderately active today and is reported to be 3,500 acres. The fire is eight miles northwest of Chloride, NM.

A Type 2 Incident Management Team under the direction of Incident Commander Marc Mullinex will manage the fire suppression actions on the Jenny Fire.

People are reminded that campfire and smoking restrictions are in effect on the Gila National Forest, and that some forest trails and roads have been closed. For general information on fire activity or restrictions, call 505-388-8416; visit the website at www.fs.fed.us/r3/fire; or call toll free 1-877-864-6985.

<<<   >>>

 (posted 6-25-03)

Domenici criticizes USFS for lack of strategy

& momentum on tackling grazing permit backlog

BLM quickly reducing backlog

while Forest Service flounders

WASHINGTON, DC - U.S. Senator Pete Domenici, chairman of the Senate Energy and Natural Resources Committee, on Wednesday chided the Forest Service for its slow and disorganized efforts to reduce an apparent backlog of 3,666 grazing permits and for failing to provide the committee with clear and reliable data regarding the estimated 9,500 grazing permits under its management.

Domenici leveled his criticism during a Public Lands and Forests Subcommittee hearing on federal grazing policies.

After seven years, the Forest Service has made little progress in whittling its grazing permit backlog. But the Bureau of Land Management has reduced its grazing permit backlog by 85 percent the last three years. Of the near 10,500 BLM permits that expired the last three years, nearly 8,900 have been renewed. BLM has about 18,500 permits under its jurisdiction with a current backlog of just 1,653.

In New Mexico, the BLM administers more than 2,312 permits, 402 of which on a backlog list awaiting renewal.

Out of an estimated 1,800 permits in the state, the Forest Service has at least 207 permits on a wait list for renewal.

"I congratulate the Bureau of Land Management on its swift work in renewing expired grazing permits. The agency's results are impressive. Three years ago, I was very troubled by the BLM backlog in my state and elsewhere. I passed legislation to protect ranchers from any harm due to federal delays and urged the BLM to remedy the problem. The agency has certainly done so,” Domenici said.

“I congratulate BLM Director Kathleen Clarke on the agency's excellent work," Domenici said.

"By contrast, the Forest Service's performance is deeply disappointing and an inexcusable disservice to its ranching constituency. From the evidence provided, the Forest Service is renewing permits so slowly that it appears inert,” the senator said.

“It can't even provide this committee with accurate numbers on the size of its grazing backlog. More than a fourth of its permits seem to have gone AWOL. The Forest Service has about 9,500 permits under its jurisdiction; yet, its schedule for renewing permits in the foreseeable future only addresses 6,886 permits. The remaining 2,600 appear to have fallen off the agency's radar,” he said.

“At its current rate of work, the Forest Service will require half a century to tackle the backlog it does know about. That means some ranchers could live a full life and die of old age before the permits that are expired today get renewed," he said.

"This bureaucratic malaise is unacceptable. While Forest Service bureaucrats flounder in their own red tape, our ranchers and their livestock remain in frustrated limbo. I urge Dale Bosworth to make this problem a top priority,” Domenici said.

“We've increased the agency's funding and sought to free it from unnecessary congressional mandates. It's time for results. Frankly, it's past time," he said.

In 1999, he authored grazing permit renewal language prohibiting the BLM from penalizing ranchers for the agencies' delays in completing National Environmental Protection Act (NEPA) assessments on grazing permit applications. In recent years, Congress agreed to Domenici's proposal to hold the U.S. Forest Service to the same standard.

Domenici said the permit renewal process is important for small ranching operations, which are capital sensitive enterprises that rely on bank loans to continue operations.

He said the protection does not exempt permit holders from any environmental laws. Rather, it won't allow ranchers to be penalized because of BLM or Forest Service delays in completing NEPA assessments in processing applications to renew grazing permits on federal lands.

<<<   >>>

 (posted 6-26-03)

Rep. Pearce unveils legislation

to balance ESA & constitutional rights

WASHINGTON, DC - Congressman Steve Pearce, R-NM, on Wednesday introduced a bill in the U.S. House of Representatives that will provide balance between the Endangered Species Act (ESA) and the rights guaranteed to states and private property owners under the U.S. Constitution.

Pearce's legislation would prevent federal agencies from taking water owned by New Mexico cities, farmers and other users in order to give it to endangered species, including the silvery minnow.

Pearce unveiled this legislation in response to the 10^th Circuit Court's recent ruling, which decrees that under the ESA, the silvery minnow has a higher priority for water than any other user, including farmers, ranchers and municipalities.

"The minnow is not more important than our families, our land, our communities - or our way of life, and that is what this legislation clearly communicates," said Pearce.

"The ESA started out with good intentions - not one of us would sit back and watch a species go extinct. However, the ESA has since gone though a series of bureaucratic and legal changes that have caused it to become an enormous problem for our communities, counties, local leaders, families and agriculture producers,” he said.

“On every stop of my Listening Tour, local elected officials and constituents consistently brought this issue to my attention and told me that that the harmful unintended consequences of the ESA had to be fixed," Pearce said.

"We cannot let the ESA control the rights of our state or those of our farmers and ranchers," he said. "My legislation takes a balanced approach to satisfy the needs of both human water users and endangered species. While we all believe that endangered species recovery is important, we cannot do so at the expense of the Constitution or the good people of New Mexico," he said.

Pearce sought and received input on the bill from national water law experts, national water associations, irrigation districts and municipalities in the west.

Steven L. Hernandez, a water expert in New Mexico said, "The bill restores the belief that water rights holders had prior to the 10^th Circuit decision. Water rights are private property rights and the allocation, ownership and use are controlled by each state's water law, not the ESA. If water is needed for the ESA, it needs to be acquired in the open market by willing sellers."

The Pearce legislation would:

·                          Return to Congress the decision whether, when and to what extent federal programs assigned to the Interior Department require water.

·                          Stop bureaucratic efforts to weaken the role of the States in allocating and adjudicating water rights.

·                          Eliminate current and past Justice Department efforts to claim implied reserved water rights in every federal land management statute passed since World War II. However, it would not prevent the Secretary from acquiring water or water rights under State law when Congress decides such acquisition is necessary.

Pearce said he will work to secure support for the measure from his colleagues in the House, especially the New Mexico congressional delegation.

"There is a tremendous amount of tension between ESA 'requirements' and the Constitutional rights of states and private property owners and we need this legislation for a balanced and common sense approach to New Mexico's environment," he said.

Pearce also echoed Judge Paul Kelly's dissenting opinion, "The ESA, like Frankenstein, despite the good intentions of its creators, has become a monster."

"With a dissenting opinion of that strength, there is no reason this 'monster' shouldn't be modified," Pearce said.

Pearce, who is a member of the House Resources Committee, said the bill will be referred to his committee.

Pearce also serves on the House Committee on Transportation and Infrastructure. He is Policy Chairman of the Western Caucus and was assigned Vice Chair to the Water Resources and Environment Subcommittee.

<<<   >>>

 (posted 6-26-03)

Bingaman urges Senate to adopt his

comprehensive forest-thinning proposal

WASHINGTON, DC - Citing the many fires burning right now in New Mexico, U.S. Senator Jeff Bingaman called on the Senate Wednesday to quickly pass legislation aimed at expediting forest-thinning projects on millions of acres of national forest service lands in the state and throughout the West.

Bingaman, the top Democrat on the Senate Energy and Natural Resources Committee, this week introduced comprehensive legislation aimed at significantly reducing fire risk in the West by addressing funding shortages, and guaranteeing that the vast majority of forest thinning projects be performed near communities or municipal watersheds.

Bingaman's measure also takes the major step of creating a $100 million program that would provide grants to carry out thinning projects on non-federal lands, including the Bosque in Albuquerque as well as tribal lands.

"We in New Mexico know all too well how devastating wildfires can be. We've had several harsh fire seasons in a row. It's time for us to take aggressive action to remove small-diameter trees and brush from our national forests, and from other lands where there is a threat of fire," Bingaman said.

"The sooner we can pass this legislation and get it to the president the better," he said.

Bingaman's legislation does the following:

·                          Expedites forest-thinning projects by categorically excluding fuel reduction projects on 20 million acres conducted in high fire risk areas from environmental review and appeals. Specifically, the bill would exempt from National Environmental Policy Act (NEPA) review forest thinning projects located near communities or in municipal watersheds that remove up to 250,000 board feet of timber or 1 million board feet of salvage timber. The measure also prohibits administrative appeals on these projects. Additionally, the measure eliminates judicial review granted under NEPA for thinning projects within one-half mile of at risk communities or certain municipal watersheds. The result is that forest thinning projects could move ahead up to 18 months faster;

·                          Protects communities by requiring that 70 percent of hazardous fuels reduction funds be spent on projects within one-half mile of communities or municipal watersheds;

·                          Protects the environment by protecting municipal watersheds, protecting old and large trees and preventing new road construction in "roadless areas";

·                          Requires that 30 percent of hazardous fuels funds be spent on projects that benefit small businesses;

·                          Provides $25 million annually to establish an insect infestation research program in cooperation with universities;

·                                    Provides $100 million annually in grants to reduce wildfire risk on state, tribal and private lands.

·                          Prevents the damaging practice that has allowed the Forest Service to dip into forest restoration funds to fight fires. Instead, if the Forest Service needs additional fire fighting funds, it would have to borrow from the U.S. Treasury.

<<<   >>>

 (posted 6-26-03)

ESA implementation a growing

threat to western water law

Domenici testifies on impact ESA

is having on NM, calls for reform

WASHINGTON, DC - U.S. Senator Pete Domenici today testified that water laws throughout the West are imperiled by judicial decisions that give the Endangered Species Act preeminence over people, and their needs and legal rights.

Domenici today appeared before the Senate Environment and Public Works subcommittee on Fisheries, Wildlife and Water to offer his belief that the ESA is a federal law that has grown into a behemoth in dire need of reform.

The subcommittee conducted the oversight hearing to examine the consulting process required by Section 7 of the ESA.

Any effort to statutorily reform the 30-year-old ESA would have to be approved by the EPW Committee.

"The Endangered Species Act, long-driven by litigation, is in dire need of reform. The section 7 consultation process, as examined by the subcommittee, seems to me a good place to start," Domenici told the subcommittee.

"Above all, certainty must be imposed on the process. Not only is certainty the bedrock of western water law, it is also critical for listed species. I believe we can amend the law to protect struggling species while, at the same time, allowing people access to the vital resources they need," Domenici testified.

Domenici recounted the role of Section 7 consultations in the ongoing Rio Grande silvery minnow issue in New Mexico, which has resulted in a split 10^th Circuit Court panel decision that decrees that under the ESA, the minnow's water requirements have higher priority for water than any other user of Rio Grande and San Juan-Chama Diversion water.

"This judicial decision means that local governments, farming communities, and Indian tribes cannot reasonably expect a permanent water supply despite their long-held water contracts. If allowed to stand, this far-reaching interpretation of the ESA will have a devastating impact in my state, which is already suffering from years of drought,” Domenici testified.

“If the decision is used in future litigation-driven efforts to expand the reach of the Act via the Courts - which seems likely - the impacts of the Tenth Circuit's decision will register throughout the west and even the nation," Domenici said.

"As a Senator who voted to enact the ESA in 1973, I certainly do not recognize the statute after 30 years of expansive interpretation by the courts," Domenici said.

"The ESA must be applied prospectively. We cannot, particularly in the West, exist in a world where the statute is allowed to undermine the water contracts, interstate compacts, water rights perfected under state law, and even treaties which have long governed a river's management."

Domenici solicited the support of the committee for his proposed legislative solution to the silvery minnow issue on the Rio Grande. This legislation, which Domenici hopes to move soon through Congress, would:

prevent enforcement of the 10th Circuit Court panel decision by decreeing that habitat requirements for the silvery minnow have been met based upon the March 2003 Biological Opinion issued by the U.S. Fish and Wildlife Service;

legislate that the San Juan-Chama project and the Middle Rio Grande project water contracts supercede the ESA;

limit the Bureau of Reclamation use of funds to implement changes to Rio Grande water contracts;

prohibit the use of inter-basin water transfers (San Juan-Chama water) to meet ESA requirements; and,

F) allow for the federal purchase of privately held water if there is a willing seller.

<<<   >>>

 (posted 6-25-03)

Is Rep. Pearce serious about helping

cover NM seniors for prescription drugs?

Or is he just trying to cover his hide?

WASHINGTON, DC - Democrats have been fighting to provide seniors with help in paying their prescription drug bills for at least a decade.

But Republicans who have been in control of Congress for 10 years have time and again blocked legislation to create a prescription drug plan under Medicare that would help America's seniors with the ever-increasing costs of needed prescriptions.

This week, U.S. Representative Steve Pearce (R-NM’s 2^nd District) and his Republican colleagues will attempt to hide their continued opposition to creating a real prescription drug benefit by bringing legislation to the House floor that will dismantle Medicare and force seniors to leave their family doctors, according to the Democratic leadership in Washington, DC.

The Republican Prescription Drug bill will put seniors at the mercy of insurance companies and leave huge gaps in coverage, especially in rural areas, Democratic leaders said.

It offers seniors no guaranteed coverage and no guaranteed prescription drug benefits. It forces seniors into big HMOs and prohibits the Secretary of Health and Human Services from negotiating the best drug prices for Medicare participants.

"I would be very skeptical of a politician trying to sell me a Medicare Prescription Drug plan that doesn't give me any guarantees," said Democratic Congressional Campaign Committee Chairman Robert T. Matsui.

"Seniors throughout the country have expressed outrage over the sham prescription drug bill Republicans are trying to foist on them, but Republicans aren't interested in that. Instead, they are looking for a way to hide their abysmal opposition to addressing a serious national problem - prescription drug costs for seniors are unaffordable," he said.

New Mexico Seniors should be aware of the fine print in the House Republican prescription drug plan, Matsui said. Here are some facts:

Sickness Penalty: Under the Republican bill, seniors are at the whim of private insurance companies who can change the terms of their coverage anytime. There is also a gap in prescription drug coverage that kicks in just as seniors need it most.

Hurts Rural Seniors Most: The Republican bill will not offer reliable or consistent premiums or benefits from state to state or urban to rural area. Millions of seniors in rural areas have already been restricted in their choice of providers or abandoned by managed care plans in search of bigger profits elsewhere. The Republican bill will only exacerbate this problem.

Forces Seniors into HMO's: The Republican bill will leave big HMOs and insurance companies in charge. And after 2010, seniors will have no guarantee that they will be able to receive coverage through Medicare.

No Price Controls: The House Republican bill will not allow the Secretary of Health and Human Serves to negotiate the best prices for prescription drugs with drug companies thus leaving 40 million Medicare recipients at the whim of current sky-rocketing drug rates.

"Seniors need a Democratic Congress that will pass a real prescription drug plan and bring the costs of seniors' medications down," said Matsui. "Instead they are going to get a bill that provides coverage for no one but House Republicans."

<<<   >>>

 (posted 6-25-03)

Seco Fire grows rapidly, causing

trail closures in the Black Range

The lightning-caused Seco Fire in the Aldo Leopold Wilderness, is growing very rapidly in size, according to the Gila National Forest Fire Information Office on Monday.

About 36 miles west of Truth or Consequences, the Seco Fire was reported on Friday, June 20.

By Monday morning the fire was estimated at more than 140 acres and burning primarily to the northwest.

Aerial observers also reported the fire was burning between 600 to 900 feet an hour.

The Seco fire is being monitored not only from the air, but also from Reeds Peak Lookout Tower, which is about two miles northwest of the blaze.

Aerial observers said Monday the fire would likely reach the Continental Divide by today (Tuesday, June 24).

The Jenny Fire, ignited by lightning on June 20, saw increased activity over the last two days.

On Sunday, erratic winds pushed the Jenny Fire to the point where officials decided to drop retardant onto strategic parts of the fire's perimeter to thwart it from spreading.

A total of 73 firefighters are in place and making headway with the help of one helicopter, one bulldozer and three U.S. Forest Service fire engines.

The Rocky Mountain Incident Management Team has been mobilized and was expected to arrive this morning. They will oversee suppression tactics on the fire.

To provide for public safety, the following trails have been closed: Continental Divide Trail No. 74 from the trailhead at Forest Road 150 through Signboard Saddle to Diamond Peak; Black Range Crest Trail No. 79 from McKnight Cabin to Reeds Peak; Powderhorn Trail No. 82 from Forest Road 151 to Black Range Crest Trail No. 79; Spud Patch Trail No. 111 from Forest Road 891 through Spud Patch Creek to Black Range Crest Trail No. 79; North Seco Trail No. 110 from Forest Road 893 to Black Range Crest Trail No. 79.

It is important for anyone planning a trip into the wilderness to check for the latest fire information and closure status with the Black Range Ranger District in Truth or Consequences at 505-894-6677.

The Dry Lake (16,385 acres) and Moonshine (5,130 acres) fires in the Gila Wilderness are being managed for resource benefit and are expected to continue to burn for some time.

The Ten Cow (13,523 acres) and Boiler (58,413 acres) fires are also being managed for resource benefit but have not grown in size during the last week.

People are reminded that campfire and smoking restrictions are in effect on the Gila National Forest. For general information on fire activity or restrictions, call 505-388-8416; visit the website at www.fs.fed.us/r3/fire; or call toll free 1-877-864-6985.

<<<   >>>

 (posted 6-24-03)

Sen. Bingaman introduces

new forest health measure

Builds on his earlier legislation

WASHINGTON, DC - U.S. Senator Jeff Bingaman, D-NM, Monday introduced legislation aimed at reducing the threat of wildfire by expediting forest thinning activities on millions of acres of national forest lands.

Bingaman's "Collaborative Forest Health Act of 2003" builds on landmark legislation he wrote in 2000 that is already helping restore New Mexico's national forests.

"Ongoing drought, past fire suppression activities and a lack of federal funding combined have put our forests - and the communities near them - at risk. There is no question that we must take action,” Bingaman said.

“The legislation I introduced today is a sensible, comprehensive approach to reducing the threat of wildfire and restoring the health of our national forests," said Bingaman, the top Democrat on the Senate Energy and Natural Resources Committee. "I hope to build bipartisan support for it and get it to the president's desk in the coming months."

Bingaman's legislation recognizes that the severe drought in the West has created a tinderbox situation in national forests. To reduce the threat of wildfire, the bill does the following:

Expedites forest-thinning projects by categorically excluding fuel reduction projects on 20 million acres conducted in high fire risk areas from environmental review and appeals. Specifically, the bill would exempt from National Environmental Policy Act (NEPA) review forest thinning projects located near communities or in municipal watersheds that remove up to 250,000 board feet of timber or 1 million board feet of salvage timber. The measure also prohibits administrative appeals on these projects. Additionally, the measure eliminates judicial review granted under NEPA for thinning projects within one-half mile of at-risk communities or watersheds. The result is that forest thinning projects could move ahead up to 18 months faster;

Protects communities by requiring that 70 percent of hazardous fuels reduction funds be spent on projects within one-half mile of communities or municipal watersheds;

Protects the environment by protecting municipal watersheds, protecting old and large trees and preventing new road construction in "roadless areas";

Requires that 30 percent of hazardous fuels funds be spent on projects that benefit small businesses;

Provides $25 million annually to establish an insect infestation research program in cooperation with universities;

Provides $100 million annually in grants to reduce wildfire risk on state, tribal and private lands.

For years Bingaman has chastised the U.S. Forest Service for refusing to seek adequate fire fighting funds, and then dipping into forest restoration accounts to fight fires. As a result, forest restoration activities have suffered from a chronic lack of funds.

To prevent this problem, Bingaman's legislation would prevent the Forest Service from raiding its other funds to pay firefighting costs, requiring instead that the agency borrow directly from the Treasury Department.

"If we really want more forest thinning projects to move ahead, we need to ensure there is adequate federal funding. Unfortunately the Forest Service for years has been allowed to raid the forest thinning fund for other purposes,” he said.

“This bill would ensure that funds set aside for forest thinning activities must be used to remove hazardous fuels," Bingaman said.

Bingaman's Collaborative Forest Health Act of 2003 builds on Bingaman legislation that was enacted in 2000 that sets aside $5 million in grant funding that can be awarded to community organizations that want to work with the Forest Service to restore New Mexico's forests.

The Collaborative Forest Health Act of 2003 is a more comprehensive approach to addressing our national forests' needs than either the Bush administration's proposal or the legislation passed earlier this year by the House of Representatives.

Senate Democratic Leader Tom Daschle is a cosponsor Bingaman's bill.

<<<   >>>

 (posted 6-24-03)

CPRC names properties

to the NM State Register

Carrie Tingley Hospital

District in T or C included

SANTA FE - The New Mexico Historic Preservation Division (HPD), Department of Cultural Affairs, announced Friday the Cultural Properties Review Committee (CPRC) added six new places and a women's organization to the State Register of Cultural Properties during their recent meeting.

The CPRC is a governor appointed board that reviews State and National Register nominations for historic properties in New Mexico.

The unanimous decision to place these properties on the Register was made at the committee's regular meeting June 13.

The properties include the Carrie Tingley Hospital Historic District in Truth or Consequences, the Peralta Schoolhouse in Valencia County and the multiple property submission of the New Mexico Federation Women's Club buildings in the State as well as the individual women's clubs in Carrizozo, Fort Sumner, Silver City and Alamogordo.

Carrie Tingley Hospital Historic District - The former Carrie Tingley Hospital for Crippled Children, now the New Mexico State Veterans Home in T or C, is historically significant as the first hospital in New Mexico designed primarily for children suffering from infantile paralysis, talipes and other crippling diseases.

After Clyde Tingley was elected governor in 1934, he saw that there was money available through the Federal Emergency Relief Administration (FERA) and the public works projects funded by the Works Progress Administration (WPA). He and his wife quickly began to establish a state hospital for children.

Closely connected in its initial design and medical practices to the Georgia Warm Springs Foundation, where Franklin Roosevelt sought a combination of heliotherapy and hydrotherapy as a treatment for his paralysis, the hospital was constructed as a WPA project during 1936-37.

During its first three decades the hospital would gain national stature for its treatment of polio, becoming a teaching hospital for residents in pediatric orthopedics.

The New Mexico State Veterans' Home at 992 S. Broadway in T or C served as the Carrie Tingley Hospital for Crippled Children from its opening in 1937 until its removal to Albuquerque in 1981. The Historic District consists of about 15 acres of tableland located along the west bank of the Rio Grande in the vicinity of thermal springs. The complex consists of seven contributing buildings and four structures.

The Carrrie Tingley Hospital Historic District will also be considered for the National Register of Historic Places.

Peralta Schoolhouse in Valencia County - The Old Peralta School House is located on the west side of NM Highway 47, between the Peralta Main Irrigation Ditch (Peralta Acequia Madre) and McGee Lane in the village of Peralta in Valencia County.

Erected in 1911, the Old Peralta School is a small, one-story rectangular building constructed of terrones laid upon a stone foundation and clad in a cement stucco. The building has a flat roof that initially rested on round vigas.

The CPRC chose to add this to the State Register due to the local significance in the area of education as the first non-sectarian educational facility in the Village of Peralta. It continues to convey the characteristics, particularly on the exterior, of a small, adobe schoolhouse constructed by a local community using traditional building materials that was designed to serve multiple grade levels of students.

The 1945-46 school year was the last held in the school house. On March 28, 1947 the deed to the old Peralta School House and its lot were transferred to Jose Elfego Carbajal effectively ending 36 years of educational service to the village.

In subsequent years the old building continued to serve the Peralta community in a public capacity as the Family Circle Self Service Steam Laundry and Public Showers.

After the close of the laundry business in the 1960s, the building was used for the storage of equipment and hay, a third function for the old school that required the installation of the large garage-style door that is still a prominent feature of the building's south elevation.

New Mexico Federation of Women's Clubs - The CPRC added a multiple property nomination to the State Register recognizing the New Mexico Federation of Women's Clubs (NMFWC) and the contributions its member clubs have made in many communities across the state.

In addition to noting the significant role this voluntary organization has played in many New Mexican communities dating to the Territorial Period, the listing also includes four historic women's club buildings located in Alamogordo, Carrizozo, Fort Sumner and Silver City.

Constructed during the 1930s, three as Works Progress Administration (WPA) projects, the buildings have played an important social, cultural and educational role in their respective communities and are regarded as local landmarks.

The NMFWC was founded in 1911 when 17 independent women's clubs voted to federate and become part of the National Federation of Women's Clubs. Committed to enabling women to improve themselves through cultural and educational programs as well as to undertaking a variety of volunteer programs to benefit their communities, the women's club movement resulted in community improvements that are ongoing today.

Most of the public libraries in New Mexico began as NMFWC projects, as did many of the early programs distributing food and milk to needy school children.

NMFWC projects also entailed caring for community cemeteries and landscape projects in public parks.

Women's clubs were so involved in promoting public health and welfare projects during the 1920s and ’30s that some historians have referred to the clubwomen as "social housekeepers."

As a part of their efforts to enhance community life, many clubs sought to establish club buildings that would also serve as community houses, providing a meeting space not only for women, but for all types of public, cultural and social events.

It was within this context that the construction of at least three women's club buildings was undertaken as WPA projects in Alamogordo, Carrizozo and Fort Sumner. A fourth in Silver City was constructed undertaking a variety of fund-raising programs and borrowing money for the project.

This multiple property nomination will also be considered for the National Register of Historic Places.

The full nomination forms from any of the listed properties can be obtained by contacting HPD.

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 (posted 6-23-03)

Domenici unveils legislative
solution to minnow quandry

Plan defines fish habitat, prevents

taking of San Juan-Chama water

WASHINGTON, DC - U.S. Senator Pete Domenici unveiled legislation Friday that would prevent federal agencies from taking water owned by New Mexico cities, farmers and other users in order to give top priority to the Rio Grande silvery minnow.

The Domenici legislation would stop any wholesale seizure of water intended for cities like Albuquerque and Santa Fe, or farming interests in the middle Rio Grande.

Domenici developed the legislation to respond to a recent opinion by a three-judge panel of the 10^th Circuit Court of Appeals, which rules that under the Endangered Species Act (ESA), the silvery minnow’s water requirements have higher priority for water than any other user of Rio Grande and San Juan-Chama Diversion water.

“The panel decision pits the fish against everyone. My solution would uphold the rights of the human water users, while also protecting the fish. It is balanced and workable,” Domenici said.

“My plan is an effort to stop any radical interpretation of the ESA on the Rio Grande, while we continue to implement the habitat improvements in the 2003 Biological Opinion,” he said. “It would also prohibit the use of federal funds to usurp New Mexico water law and water compacts.”

The Domenici legislation would:

·         Prevent enforcement of the 10^th Circuit Court panel decision by decreeing that habitat requirements for the silvery minnow have been met based upon the March 2003 Biological Opinion issued by the U.S. Fish and Wildlife Service;

·         Legislate that the San Juan-Chama project and the Middle Rio Grande project water contracts supercede the ESA;

·        Limit the Bureau of Reclamation use of funds to implement changes to Rio Grande water contracts;

·         Prohibit the use of inter-basin water transfers (San Juan-Chama water) to meet ESA requirements; and,

·        Allow for the federal purchase of privately held water if there is a willing seller.

Domenici said he will now work to find a bill on which to move his New Mexico minnow legislation through Congress quickly.

He is also working to secure the support of his Senate colleagues, the New Mexico congressional delegation, the Bush administration, the state government and affected parties in New Mexico.

“I believe the court did New Mexico a disservice by ignoring the ongoing cooperative efforts to meet everyone’s needs on the Rio Grande, including the minnow. We should be allowed to step up these efforts, and my legislation would let us do that,” Domenici said.

Over the past four years, Domenici has used his chairmanship of the Energy and Water Development Appropriations Subcommittee to provide almost $30 million for Rio Grande habitat work to preserve the silvery minnow.

Due to internal conflicts, a large portion of those funds have yet to be used by the Middle Rio Grande Collaborative Program Workgroup to improve the minnow situation. That funding is still available.

“The court decision, however, should serve as a wakeup call to the Workgroup. It has resources, and it is time to set aside differences and work for the common good,” Domenici said.

On a separate front, Domenici said he continues to work on an amendment to the Endangered Species Act that would ban the use of inter-basin water transfers to satisfy the requirements of this law.

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 (posted 6-23-03)

Feds release $5.5 million for airport

improvements around New Mexico

WASHINGTON, DC - U.S. Senator Pete Domenici reported the U.S. Transportation Department has approved the award of 19 grants worth more than $5.53 million to make improvements to airports across New Mexico.

Domenici said the federal airport improvement grants have been awarded for work at municipal airport facilities.

Grants were made for work in Alamogordo, Artesia, Carlsbad, Carrizozo, Clayton, Clovis, Deming, Espanola, Glenwood/Catron County, Harding County, Hobbs, Jicarilla Apache Tribe, Las Cruces, Lordsburg, Ramah Navajo Chapter, Reserve, Ruidoso, Santa Rosa and Vaughn.

"Five million dollars is a sizeable award for these smaller airports in New Mexico. The resources will be used primarily to upgrade runways and airport facilities in order to improve safety and efficiency," Domenici said.

Domenici said he is particularly pleased with the $427,272 grant to the city of Artesia for improvements at the Artesia Municipal Airport.

Domenici recently met with Artesia city officials to discuss improvements and upgrades at the airport that would help increase its usefulness to the Federal Law Enforcement Training Center there.

"City leaders in Artesia are being very proactive in terms of figuring out how to make their airport be an asset to FLETC operations. The physical improvements that this grant support will move the airport toward that goal," Domenici said.

"I am supportive of this overall effort, which includes a bid for a federal Community Air Service grant."

The funding will be used to improve access and security at the Artesia Municipal Airport, as well as rehabilitating runways, taxiways and lighting at the facility.

Another four grants were awarded to begin planning and site reviews for establishing airports in Glenwood, Vaughn, Harding County, and the Ramah Navajo Indian Reservation.

"These potential new airport developments are in remote areas of the state, but they are also located in key points where emergency medical airlifts are needed," Domenici said.

Domenici serves on the Senate Appropriations Committee that provides funding for the U.S. Department of Transportation and its airport grant programs.

Airport improvement grants awarded to New Mexico include:

City of Alamogordo - $206, 011 to conduct an environmental assessment for a 2,190 foot runway extension to the main runway 3/21 and to improve the safety of aircraft operations on runways and taxiways at the Alamogordo Municipal Airport.

City of Artesia - $472, 272 to improve the access road to the airport terminal and hangar areas. It will also provide for the repair of cracked seals, potholes, and the leveling of a double chip. Taxiways to and from the runways and to the terminal and hangar area will also be repaired.

City of Carlsbad - $299,767 for the rehabilitation of the terminal apron and to reconstruct the runway safety area to current standards.

Town of Carrizozo - $450,000 to pave and drain the access road as well as seal coat the aircraft parking apron pavement and to remark the main runway 6/24. The grant will also provide funds to install new medium intensity runway edge light, including several guidance signs as well as perimeter fencing.

Town of Clayton - $181,037 to widen the taxiway to 35 feet and to reconstruct a portion of the parallel taxiway to Runway 2/20 from the Runway 2-end to the terminal apron.

City of Clovis - $457,818 to rehabilitate a portion of aircraft parking apron and to repave the t-hangar taxiway.

City of Deming - $450,000 to rehabilitate runway lighting, install runway vertical/visual guidance system and install perimeter fencing.

City of Espanola - $429,300 to rehabilitate runway 16/34, install runway lighting, and install NAVAIDS.

Glenwood/Catron County - $60,244 to conduct an airport master plan study.

Harding County - $45,000 to conduct a site selection for a new airport.

Jicarilla Apache Tribe - $150,00 to acquire snow removal equipment.

City of Las Cruces - $150,000 to construct an access taxiway and new hangar area.

Hobbs/Lea County - $526,857 to seal coat runway 12/30 at the Lea County Regional Airport and to upgrade the Runway 3-end safety area to current standards.

City of Lordsburg - $161,000 to correct erosion problems on and adjacent to the runway safety areas, especially along the south side of runway 12/30. The project will also reimburse for a site survey and hazmat assessment survey associated with land acquisition.

Ramah Navajo Chapter - $45,000 to conduct a site selection study for a new airport in the Ramah Navajo Indian reservation.

Reserve/Catron County - $150,000 to construct Phase 1 of partial parallel and connecting taxiways to the Runway 6-end.

Sierra Blanca Airport/Lincoln County - $774,000 to overlay Runway 12/30 and the parallel taxiway to Runway 12/30. An emergency engine generator will also be added.

City of Santa Rosa - $450,000 to expand the east apron, providing a landing area for helicopters and a fuel resistant area for fueling aircraft.

Town of Vaughn - $80,000 for the town to develop and implement a new airport plan and conduct an environmental assessment for a new airport site.

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 (posted 6-23-03)

NM Lottery again will break

scholarship contribution records

SOCORRO - The New Mexico Legislative Finance Committee (LFC) was told Friday that the New Mexico Lottery Authority's annual contribution to the Lottery Success Scholarship program has exceeded $30 million for the first time.

With ten days left in the fiscal year, the Lottery is also projecting that overall sales will set records for a sixth consecutive year.

The $30 million represents profits for education generated through May, which are being transferred to the State this month.

"Last year's record profit was $29.6 million, so we passed last year's 12 month total after just 11 months this year," Lottery CEO Tom Shaheen told the LFC. "The total raised for education through June and the close of the 2003 fiscal year will be even higher."

Overall sales are slightly ahead of last year's at this time. Through June 18, 2003, Lottery sales were about $131.2 million; for the same period a year ago, sales were nearly $130.29 million.

Sales remained strong in most game categories, and benefited from changes made to Powerball, Pick 3, instant "scratchers," and earlier changes to Roadrunner Cash. The financial reports are preliminary and un-audited.

Profits grew not only because sales increased due to improved games and strategic marketing, but also because the Lottery continued to streamline operations and lower operating costs, Shaheen told lawmakers.

"The New Mexico Lottery now has an international reputation as a well-run organization that is beyond a start-up mode," Shaheen said. When contracts have been extended, bid or renegotiated, the Lottery has been able to lower overhead costs.

Last year, players and retailers helped New Mexico join Georgia and Texas as only the third U.S. lottery to increase sales in each of its first five full years of operation.

“We expect to extend that to six years when this fiscal year ends June 30," Shaheen added.

The New Mexico Lottery's first full fiscal year (July 1, 1996 - June 30, 1997) overall sales were $82.2 million, and reached $133.97 million when fiscal year 2002 ended last June.

The Lottery is expecting to top $134 million this year. Players have won more than $425 million playing the New Mexico Lottery since it launched in April 1996. More than $178 million in net profits has been raised for the State of New Mexico based on sales through May 31, 2003.

Of that, more than $111 million has been earmarked for the Lottery Success Scholarship program.

More than 22,400 students have received Lottery Success Scholarships, according to State data, which is expected to be updated this summer. Another $66.5 million was previously used for school construction and repairs in 61 school districts. All Lottery profits are now used for college scholarships.

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 (posted 6-23-03)

Lightning sparks new fires

on the Gila National Forest

SILVER CITY - Lightning sparked 27 new fires on the Gila National Forest last week during a three-day period.

Friday, June 20, proved to be one of the most active days for firefighters this season. Firefighting resources have been dispatched to all but one of the new fires.

The largest of the blazes, the Seco Fire on the Black Range District, remained un-staffed as of Friday evening.

The fire started in a very rugged, remote area in the Black Range and was to undergo assessment last weekend to determine the appropriate suppression tactics that will help ensure firefighter safety.

The fire was last estimated at 100 acres.

Of the new starts, 14 fires remained active on Friday for a total of 35 acres.

The Morgan Fire, now 14 days old, is reportedly at 4,986 acres.

Three fire use projects are continuing, with the Boiler Fire at 58,413 acres, the Ten Cow at 13,523 acres and the Dry Lake Fire at 16,385 acres. The Moonshine fire is within the management area boundary for the Dry Lake Fire and is reported to be at 5,130 acres.

Some fire activity is expected daily on these fires until the monsoon patterns are well established in the area. The Boiler and Ten Cow fires appear to have small amounts of active fire and smoldering debris on the interior of their fire perimeters and officials are reporting little potential for increased growth on these two projects.

Two firefighters sustained injuries late last week on separate incidents. One firefighter remains hospitalized in El Paso after injuries were sustained on Thursday, while the second was taken to Gila Regional Medical Center Friday evening, for treatment of a leg injury that occurred earlier in the day.

A dedicated information phone line has been established for people wanting more information about the Dry Lake Complex. The phone number is 505-388-8416.

People are reminded that campfire and smoking restrictions are in effect on the Gila National Forest, for general information on fire activity or restrictions, call 505-388-8245; visit the website at www.fs.fed.us/r3/fire; or call toll free 1-877-864-6985.

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 (posted 6-23-03)

Area in Gila closed to protect

water-dependent wildlife species

SILVER CITY - To protect habitat for water dependent species of wildlife, Forest Supervisor Marcia Andre has decided to implement a motorized vehicle closure at the confluence of Brushy Canyon and the Gila River.

The closure area, although closed to all types of motorized vehicles, remains open to all other recreation use such as fishing, camping, picnicking, hiking, horseback riding, etc.

Only the use of motorized vehicles is being prohibited in this area.

The area closure is effective June 25 and covers 100 acres about seven air miles northeast of the community of Gila.

Prohibiting the use of motorized vehicles in the area will greatly minimize damage to riparian vegetation such as willows and cottonwoods located along the Gila River that is home to a variety of threatened, endangered, and sensitive species such as the black hawk, loach minnow, spikedace, etc.

Contact Silver City District Ranger Gerry Engel or Recreation District Staff Laura Clayton at (505) 388-8201 for more information.

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 (posted 6-23-03)

Domenici approves of BECC certification of Elephant

Butte and Las Cruces water and environmental projects

WASHINGTON, DC - U.S. Senator Pete Domenici Thursday approved of action by the Border Environment Cooperation Commission (BECC) to support two south-central New Mexico projects that will improve water-use efficiency and lessen the environmental impact of solid waste disposal in Dona Ana County.

The BECC met in Texas Thursday to certify 10 environmental projects in the United States that represent a total estimated investment of $40.2 million and will benefit nearly 528,000 border residents.

These included a water conservation project involving the Elephant Butte Irrigation District (EBID) and a solid waste disposal project for Las Cruces.

Both the Elephant Butte and Las Cruces projects are linked to the quality of life in southern New Mexico, Domenici said.

“The more efficient use of irrigation water is one facet of the myriad of activities that need to go on in the state to improve our water situation,” the senator said. “And the effective containment of trash, so that it does not further denigrate the environment, is vital.”

“I applaud the BECC for supporting these projects in New Mexico. Both of these projects are examples of the kind of innovation and cooperation needed to see us through these hard and dry times,” Domenici said.

Specifically, the BECC has agreed to certify $8.5 million for the EBID for technical improvements to improve irrigated water savings throughout the district.

According to the BECC, with the proposed technical improvements, overall water efficiency will be improved by an average 6.0 percent throughout New Mexico’s irrigation districts, which contribute to the sustainable management of the Rio Grande Basin.

The South Central Southwest Authority project would involve an estimated $2.6 million to expand the Las Cruces sanitary landfill and replace equipment for solid waste management.

With BECC certification, these projects may qualify for grant and/or loan funding by the North American Development Bank (NADB) or other financial institutions.

In May, NADBank agreed to provide $4.0 million through its Water Conservation Investment Fund to support an EBID project to begin replacing 16 miles of irrigation canals with pipelines to supply fields with water without incurring seepage.

The BECC is a bi-national organization created by the governments of the United States and Mexico under a side agreement to the North American Free Trade Agreement (NAFTA).

Its purpose is to identify, evaluate, support and certify environmental infrastructure projects through a process that incorporates innovative sustainability and public participation concepts.

To date, BECC has certified 83 projects, 52 in the United States and 31 in Mexico, representing a total investment in border environmental improvements of about $2 billion, benefiting nearly 75 percent of border residents.

BECC has granted more than $28.7 million from its Technical Assistance Program to 113 communities.

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(posted 6-20-03)

The Shadow Advisory

By Bill Johnson

Editor of the Desert Journal

…Law will turn me

into a flag-burning felon

Our representative for the 2^nd Congressional District of New Mexico would turn me into a flag burner if the anti-flag desecration bill, which he co-sponsored on Tuesday and which passed the House by a landslide, is signed into law.

I never burned a flag in my life but if Steve Pearce and conspirators in Congress get their way and the President signs their unpatriotic legislation, I will have to make good on a promise I made the last time Congress introduced a bill to make criminals of flag burners.

Pearce said the flag is sacred. Is he nuts? He can’t possibly be the good Christian man he says he is because he’s going to make us all worship false images like our flag.

Our flag represents our Constitution and our Constitution enumerates our right to free expression as long as our actions aren’t harmful to others. Now, just how does burning my flag harm others?

And these “inalienable” rights were given to us by God, and neither by man nor his government who would have us not only worship the icon of a golden cow, but now Old Glory, whose nation is about to turn away from her and burn her in ways they just don’t understand and will always fail to understand – because they are the ruling class and nothing else.

We need to send them a message – We the People are the ruling class and they are merely our public servants. We worship neither them, nor their laws, for We are children of God and worship only Him and His laws. If we love God, then we keep His laws. Man’s law goes against God’s law and therefore must always be challenged – first in the political arena, then in the courts.

As a veteran of the U.S. Navy who swore to uphold the Constitution and laws of the United States, I find Pearce’s legislation to be repugnant to the American spirit of freedom and the Constitution that enumerates our individual rights (read the first ten Amendments to the U.S. Constitution).

Like it or not, American service people fight to protect the flag, which represents our Constitution, but they also realize that the same Constitution they are fighting for protects flag burning, which Pearce and cronies want to ban because it’s offensive to their eyes. Their actions are offensive and should be admonished by We the People and in return we should demand real repentance and to rescind their wayward and frivolous legislation.

Why can’t Steve Pearce, also a veteran, understand the Constitution forbids him from passing unconstitutional laws, or laws that diminish our rights?

In fact, the Republican regime now in power is everything about destroying Americans’ Bill of Rights and giving more and more power to their corporate buddies who sit at the trough of Congress looking for more handouts.

Just look at the beneficiaries of the reconstruction of Iraq who are tied to the Bush administration! They are going to make billions of dollars. And then look how the Grand Old Party fumbles around and knocks out most Americans from the goodies (increased tax credits) of the recent tax bill that gives most everything to the rich.

Then they try to justify the lies of impeachable President Bush and his people accusing Iraq of harboring weapons of mass destruction and having the capability to deploy them within the hour by saying instead that liberation of Iraq was the forefront of reasons for invading Iraq.

Folks, clearly there was no imminent threat to our national security as the Bush people wanted us to believe because Iraq did not have these alleged weapons – and the Bush people knew because the United Nations weapons inspectors told them so and begged for more time to do their work in Iraq before the President flipped his lid.

The only “shock and awe” – besides the bombing of Baghdad - will be the day when the Republicans are finally ousted from their positions of power because they already have proven they don’t deserve it. They violated our trust – they betrayed the Constitution and now Pearce wants to make it illegal to burn our flag – a time when many Americans can find reasons for burning their flags.

But that’s what the Republicans are about – increasing the load of the criminal code so that more and more voters become felons and lose their right to vote to give more leverage to the weakening Republican Party.

My only reason for burning my flag will be that I promised it last time when Congress threatened to pass such a law. Someone will have to roll with the wheels of justice to get a ruling by some upper court or possibly even the Supreme Court to say the flag desecration law is clearly null and void.

Like I’ve said before, there’s nothing illegal about burning the flag unless it causes harm or injury, or deprives another of his property. For example, don’t steal another person’s flag to burn because that constitutes larceny and criminal damage to property. And don’t burn the flag in the forest during severe drought because you may burn down the forest.

Of course, Republicans lack common sense and it’s time We the People use our common sense and kick them out of office from the President on down!

They have made mockery of our country, and of our Constitution; they have ruined our reputation by being world-class bullies and using our military as their Empire Cops.

Now is the time for all good Americans to act.

Tell Congress to let go of their reckless abandon when it comes to the public trust! Hold both Congress and the President accountable for their unlawful and unconstitutional actions! Let’s come clean and clear them from the House!

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(posted 6-4-03)