Pearce: Standing with New Mexicans

Steve Pearce

By U.S. Congressman Steve Pearce - The surge of massive forest fires has been too common in the West in recent years. Mismanaged, overgrown forests have contributed to the spread of wildfires. Otero County has taken a stand against irresponsible forest management in their county. Officials have worked to give their residents safer communities and healthier forests. They said that “enough is enough” when it comes to the federal government’s mismanagement of the forest around Cloudcroft.

In June, the Otero County Commission voted to create an emergency plan, allowing the county to begin thinning the forest for fire prevention. They created an 80,000-acre plan, which they submitted to USFS, that calls for responsible management to protect local watershed and prevent fires that have threatened Cloudcroft for many years. This level of forest management is exactly what the Otero County Commission was trying to accomplish with the emergency tree cutting on September 17th near Cloudcroft.

It was an historic day, marking the return of common-sense local resource management, and I commend their efforts and determination. In the days leading up to the event, an agreement was reached between the US Forest Service (USFS) and the County, stating that USFS would not interfere with the emergency plan. This breakthrough demonstrated that cooperation between local and federal governments is both possible and desirable.

Their efforts are admirable, and the law is on their side—both state law and the Constitution.
Now, the federal government is attacking Otero County, and trying to stop actions that would prevent communities from going up in flames. USFS filed suit against the County Commission, claiming the County does not have the right to protect their homes, property and forests.
In the lawsuit, The United States of America v. Board of County Commissioners of the County of Otero and State of New Mexico, the federal government claims that federal law preempts the actions of the County. The lawsuit also seeks an injunction, halting Otero County’s efforts to make the forests safer.
There are two major problems with this lawsuit. The first and most important is that in the Constitution, the powers of the federal government are explicitly outlined and the Tenth Amendment states that all powers not given to the federal government belong to the states and to the people. The right of forest management is not given to the federal government. Therefore, it is reserved for the people and the states. Second, New Mexico law gives the County the right to manage these lands after an emergency declaration by the commission.

Otero County’s plan is legal, reasonable, and looks out for the safety of constituents. It does not call for clear cutting of the forests. Instead, it is a responsible plan to clear dead trees and underbrush that act as kindling when wildfires start.

I am not a proponent of clear cutting our forests; however, I am strongly in favor of healthy conservation through targeted forest management. Regular thinning of trees helps protect local watersheds, decreases the risk of fires, and provides a better forest for wildlife and the people of New Mexico.

Otero County is on the right side of the law, and has worked diligently with USFS to ensure the safety of the county’s residents. Forest management cannot be handled in Washington alone; local resources are best managed local governments who better understand the needs and interests of their communities. This is a local issue that directly affects the safety and welfare of New Mexicans.

 Commonsense solutions exist, and Otero County has been actively pursuing them. I will continue to stand with my fellow citizens to ensure the safety of our communities, economic growth and a clean environment.

Pearce: Standing with New Mexicans