Steens Mountain Advisory Council
August 16-17, 2012 Summary Minutes
The Steens Mountain Advisory Council (SMAC) met on August 16 and 17, 2012 at the Bureau of Land
Management (BLM) Burns District Office in Hines, Oregon. Council members in attendance included: David
Bilyeu (Chair, State Environmental Representative), Daniel Haak (Vice Chair, Mechanized or Consumptive
Recreation), Tom Davis (Fish & Recreational Fishing, Thursday only), Stacy Davies (Grazing Permittee),
Pam Hardy (Dispersed Recreation), Richard Jenkins (Recreational Permit Holder), Fred Otley (Private
Landowner), William Renwick (Local Environmental Representative), and Hoyt Wilson (Grazing Permittee).
Members not present included Richard Angstrom (No Financial Interest), the Wild Horse Management
representative (vacant), the Burns Paiute Tribal Member (vacant), and the State Liaison (vacant). Other
participants included the Designated Federal Official (DFO) Brendan Cain (BLM District Manager), the
DFO’s Assistant Tara Martinak (Public Affairs Specialist, BLM), and Facilitator Wendy Green Lowe (P2
Solutions).
Observers/presenters included: Michelle Brown (BLM Supervisory Natural Resource Specialist - Recreation),
Rhonda Karges (Steens/Andrews Resource Area Acting Field Manager), Andy Daniels (Wildlife Biologist),
and Autumn Toelle (BLM Rangeland Management Specialist). Members of the public who attended included
Elizabeth Scheeler from Senator Merkley’s office. This document summarizes discussions that occurred and
decisions made.
THURSDAY, AUGUST 16, 2012
Dave Bilyeu called the meeting to order and welcomed everyone in attendance. He noted that this was the
first meeting with the new District Manager Brendan Cain. All members in attendance introduced themselves.
David reviewed the agenda and it was approved (attached to the official minutes as Appendix A).
Tara Martinak reviewed the items in the members’ packets. Items included an Information Update dated June
2012, a map of the Chimney Boundary Fence to be discussed by Autumn Toelle later in the meeting, an
updated list of SMAC members with their appointment dates, a calendar for 2013, a letter from the law
offices of Ronald Yockim (BLM had been asked to provide copies to the SMAC members), two responses to
SMAC advice that members should have received in the mail, and the draft minutes from the September 2011
meeting. Martinak requested that members turn in their lodging receipts promptly.
Designated Federal Official Update
Brendan Cain noted:
• The Secretary of Interior is interested in pursuing renewable energy as part of an overall effort to
encourage energy independence for the country. Accordingly, a Right of Way was issued for the North
Steens Transmission Line (Record of Decision signed in December of 2011). As required, the project
proponent submitted a mitigation plan. Construction, erosion control, and dust abatement plans, etc. were
all developed before the Notice to Proceed was approved on May, 5, 2012. Some engineering plans and
designs are still in the works. The Oregon Natural Desert Association and the Audubon Society filed a
lawsuit against the Record of Decision for the project on April 5, 2012; BLM is now compiling an
administrative record in response to the lawsuit. Bill Renwick noted that federal subsidies for renewable
energy will end soon and that a similar situation in Nevada entails retirement of grazing permits as
mitigation for a transmission line. Brendan Cain referred SMAC members to BLM’s website for detailed
project information.
• The district experienced several wildfires recently. Suppression efforts on the Miller Homestead fire
finished a month ago. A second, very small fire started while extensive wildfire suppression resources
were still in the area; those resources helped contain that fire quickly. Fires in adjacent areas were also
mentioned, including the Long Draw and Holloway fires (in Nevada as well as Oregon). Following each
fire, a number of plans are prepared to guide recovery and restoration efforts (rebuilding fences, reseeding,
etc.). On the Holloway fire, one firefighter was caught in a dangerous situation when the fire changed
direction; the fire burned past/near her (she was in a deployed fire shelter). She was not hurt but an
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 1
investigation is underway to learn more about the incident. He said the District has adequate resources for
what has occurred so far this year and unless fires are occurring elsewhere, someone will be on standby in
eastern Oregon to deal with any new fires. There was general discussion about the wildfire situation.
Sagebrush re-seeding is critical to help sage-grouse habitat recover. The vast acreage of wildfires
nationwide this year makes recovery challenging and expensive. Sagebrush recovery is hard, depending
upon the availability of seed and the adequacy of precipitation. Reseeding is only necessary if the local
seed stock has been destroyed (as occurs in extremely hot fire conditions.) It was noted that aspen stands
may benefit from fire.
Chairperson Update
David Bilyeu reported that a new charter for the SMAC has been posted on the internet. He noted some
changes from the prior charter. The prior charter listed the duties of the SMAC, including that the SMAC
provides recommendations for new and creative approaches; that section has been deleted. Tara Martinak
agreed to forward the link for the new charter. It was signed by Ken Salazar, Secretary of the Interior. Among
other things, the 120-day extension in SMAC members’ terms (in the event that appointments are running
behind) has also been deleted.
David Bilyeu also noted there is a new 15-year National Landscape Conservation System Management
Strategy. He wondered if there was any local news on this subject. Michelle Brown noted that new manuals
have come out addressing issues, regulations, and procedures and they all apply to the Steens Mountain
Cooperation Management and Protection Area (CMPA). Brendan Cain noted that the strategy is the
overarching document and the manuals guide implementation. Matt Little has left Oregon Natural Desert
Association (ONDA); he has not been replaced yet. Tom Davis noted that he had been working on a photo
point project on the Deschutes National Forest. He suggested that photographs taken from the same locations
over time can document changes over time. A photo book on areas burned recently might document wildfire
recovery. This would be an excellent project for an aspiring photographer. To make this a valid effort,
cameras need to be equipped with Global Positioning System (GPS) capacity.
Field Manager’s Report
Rhonda Karges, acting Andrews/Steens Resource Area Field Manager (through August 17, 2012), reported:
 Work on the Wildland Juniper Management Area trail is ongoing. Grass and weeds are being removed
and benches have been built.
 There is a land acquisition in process. Two separate parcels known as the “Brandis” parcels are inholdings within the wilderness area near the East Steens Road. One is on Whiskey Hill and the second is
located on Butte Creek just above Andrews. They are both just a bit over 16 acres, for a total size of 33.32
acres. The appraised value has been given to the owner. The paperwork should be completed soon and the
land will become BLM-administered. Rhonda did not know the source of funding for the acquisition.
 The South Steens Management Allotment Plan Environmental Assessment (EA) is almost done. Rhonda
confirmed her understanding that the SMAC would like to become involved again after the public
comment period has ended. It has a few final steps before it will be ready to go out for public comment.
 The Steens Mountain Comprehensive Recreation Plan has five alternatives. Eric Haakenson has taken
over as the Outdoor Recreation Planner for the Steens area and has brought some new ideas to the
document. The first alternative, as required by the National Environmental Policy Act, is a no-action
alternative – BLM would do absolutely nothing. The second alternative would include limited
improvements in areas with existing facilities. The third alternative has some limited new developments
in new areas. The fourth alternative evaluates full development all around the CMPA, including parking
area and toilets. The first four alternatives build upon each other. The fifth alternative is what ONDA has
requested; BLM is calling it the Citizens’ Proposal. It includes closing some roads, creating trails, and
converting some roads to trails. BLM is still working with ONDA to make sure everyone has the same
understanding about what is involved in closing roads and creation of new trails within wilderness areas.
Once the descriptions of the alternatives are complete, the agency specialists will become involved,
writing up what they expect to be the impacts of each alternative.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 2







The SMAC would like to review the document again (including the alternatives as soon as they are done,
and then later, the analysis of the impacts of the alternatives), ideally before it goes out for public
comment. Rhonda assured the SMAC that their prior recommendations were considered. If the SMAC
reviews the alternatives, their input will be needed as soon as possible, so that the analysis hasn’t gotten
too far along.
Rhonda noted that a landowner has installed barricades across his private property, closing access to
public land via one road (Indian Creek) that had previously been open for public use. There is a
possibility the road may be opened for public use, for a fee. The landowner has an agreement with Oregon
Department of Fish and Wildlife (ODFW) to allow hunter access, but not the general public.
The Andrews Resource Area is looking into the possibility of a stewardship contract that would exchange
services for goods. The contract would be for a ten-year period and the selected contractor would cut
juniper and then use the material for whatever purpose they choose (biomass, post and pole, or whatever).
A few interested individuals visited the site. This project is called the Blitzen Stewardship Contract; it’s
part of the North Steens Ecosystem Restoration project. The contractor will need a nearby road to do the
desired work as BLM would like to avoid skid trails or big pile sites. The stewardship contract may entail
more than one contractor. All work must be completed within the ten year period, including restoration
efforts. The purpose is to improve ecosystem health. Rhonda explained that the Steens Act banned all
commercial harvest within the CMPA, but stewardship contracts are allowed as the contract is actually for
a service.
Also under the North Steens Ecosystem Restoration project, the BLM recently had 200 acres of juniper
machine cut in the Wilderness Study Area (WSA), about ½ miles north and west of the Weaver Place, as
part of the a Settlement Agreement pertaining to a lawsuit on the project. The cut trees haven’t been piled
yet. Rather than burning, the juniper will be hauled out later this year.
There has been some cutting and piling of juniper in the Riddle Brothers Ranch area and the footbridge at
the Ranch has been replaced.
BLM completed an EA last spring for using Plateau, an herbicide that is effective in addressing
Medusahead. The chemical treatment will be implemented this fall and then followed up by planting of
Forage kochia and Crested wheatgrass. They are also working on a programmatic document that would
allow use of Plateau district wide. Fred Otley pointed out that Medusahead can’t be addressed in
a short time frame. Intensive treatment may need to be followed up by spot treatments. A single year
program with no follow-up will not be successful. If the Medusahead has been prevalent for 10 to 15
years, it will take several years to get rid of it. A cooperative management strategy is likely needed to
effectively get rid of it. It is a mono-crop that very effectively suppresses or even kills stands of healthy
bunch grasses and forbs. The Agricultural Research Station has done a lot of research on it. Plateau is a
pre-emergent that won’t do any good after about three years unless it is reapplied. Medusahead is really
pervasive and it is devastating to wildlife habitat values. It can damage the mouths of grazing animals in
addition to outcompeting perennial plants that they eat. Bill Renwick noted Ventana, another weed, is
coming into the area; it is taking over the John Day basin.
Regarding the Page Springs Weir, the BLM, ODFW, and the U.S. Fish and Wildlife Service (FWS)
visited the site recently to discuss and consider alternative to the weir situation. The FWS contacted U.S.
Geological Survey about the water rights issue as the Wildlife Refuge has to be able to measure water
flow for their water rights; the flow meters are located on the weir. There are three alternatives being
considered: do nothing, notch it, or remove it. There are a number of issues. It’s very complicated as it
measures water flow, it is a historical structure, and it is located in a designated Wild and Scenic River
and a designated wilderness.
Ongoing litigation issues include the North Steens Ecosystem Restoration project – looking at whether to
allow motorized vehicles off designated routes to remove juniper within the WSA. The Interim
Management Policy has been replaced by the WSA Manual – a new manual. There was a apparent
conflict between the Interim Management Plan (IMP) which said it is possible to go off road in
wilderness study areas for administrative purposes. The Steens Act prohibited off road travel. This is an
issue that is specific to the Steens CMPA and still needs to be resolved. The judge referred the question to
the Interior Board of Land Appeals, which has not yet ruled on it.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 3
 In addition, the Steens Mountain Travel Management Plan is still under litigation. ONDA has filed a
motion asking BLM to stop maintaining portions of routes that total six tenths of a mile long. BLM
provided requested data. ONDA has taken the next step requested by the judge.
 The Roaring Springs Ranch appealed a decision to deny a request to allow grazing in the Tombstone
pasture. The judge has not yet taken action on the appeal.
 The new WSA Manual replaced the IMP; the full impact of the new manual is not yet clear. It is still
being reviewed. In response to a question, Rhonda explained that manuals are not put out for public
review. Most WSAs are under BLM management. A different set of laws govern similar designations
managed by other agencies.
 Finally, Rhonda explained some personnel changes for the Andrews/Steens Resource Area and the
district. Andy Daniels is the new Wildlife Biologist; Matt Obradovich has moved into the District
Biologist position; Eric Haakenson is the new Outdoor Recreation Planner; Tom Wilcox is the new
Outdoor Recreation Planner for Wilderness; Bill Pieratt is now the District Rangeland Management
Specialist; Mike Kelly left the Burns District for another office in western Oregon; Cam Swisher is the
Andrews/Steens Range Program Lead; Joan Suther has taken a new position with the Oregon/Washington
BLM State Office coordinating sage-grouse planning efforts; Gary McFadden, Wild Horse and Burro
Specialist, retired recently, and that position will be filled soon; Michelle Brown will take over the Acting
Andrews/Steens Resource Area Field Manager after August 17, and Brendan Cain will be filling the Field
Office Manager position shortly. Joan Suther is stationed in the Burns office for the time being.
Fencing Changes
Autumn Toelle referred everyone to a map provided in their packets that depicts a section of fence referred
to as the Chimney Boundary Fence. The fence line is depicted using black lines with Xs. The 1.5 miles
section of relevance runs generally east to west. The green line depicts the boundary of the No Livestock
Grazing Area (NLGA) and the red lines depict allotment boundaries. The northern portion of the Steens
Mountain Loop Road runs less than one mile south of the fence line; the NLGA is north of the fence.
Everything north of the Loop Road lies in a WSA.
Autumn explained the BLM is responsible for maintenance of this fence in the Chimney Allotment. It is a
“let-down” fence: every year in the spring, the fence is put up and every fall the fence is dropped back
down. The purpose of the fence is to keep cows out of the NLGA during the allotted season of use. She
noted “that seems simple enough” but went on to explain that deep snow drifts (up to 12 feet deep,
illustrated on the map in white) are persistent into late summer. When the permittee is ready to turn cows
out in late June or early July, the snowdrift is still quite deep through a drainage and it is extremely difficult
to dig the fence out so that it can be put up.
Autumn explained the BLM expects to prepare a new Allotment Management Plan (AMP) in the next year
or so for the Chimney Allotment, and was interested to see if the SMAC has any good ideas for options that
might be explored for addressing the let-down fence issue. The BLM is considering the possibility of
moving the fence line out of the area where the drifting occurs so that it can be maintained more easily. It
can’t really be moved to the north – which is quite wet - so moving to the south and into the NLGA is the
only option identified so far. She described a route that could be considered and predicted it would result in
a loss of 450 acres of land within the NLGA would be lost. (She later corrected that statement, stating that
the line she had described would only take 128 acres.)
Autumn explained the BLM is responsible for protecting the NLGA and the permittee has the right to turn
cows out according to his permit. The BLM is responsible for maintaining the fence, but can’t because of
the presence of snow. It is exceptionally difficult to put up the fence at the point in time that it is needed
(when the cows are being turned out). If the fence cannot be put up, there is no way to keep the cows out of
the NLGA and incursions cannot be prevented. The BLM can’t issue a trespass citation if the BLM is not
able to control access.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 4
Pam Hardy suggested that the proposal might be more acceptable to ONDA if the suggested change could be proposed as an exchange, swapping it for another place that could be added to the NLGA as
compensation for the acreage to be lost. David Bilyeu said the SMAC had asked at one point for a list of incursions that occur on an annual basis. Autumn noted that kind of list does not exist. David responded the SMAC might want to focus on the overall picture rather than just this one problem. A larger picture might help the SMAC identify multiple solutions at once. Stacy Davis thought looking at everything at once could be too big and time consuming. It has been done on a case-by-case basis in the past. A number of ideas to help with the let-down fence issue were discussed:

Install a stronger, heavy-duty steel fence – although such a fence might have visual and wildlife impacts and installation could be very challenging within the WSA without the ability to employ
mechanized equipment

Different maintenance methods might make it easier to clear the fence to put it up

Getting the fence out of the WSA might provide more maintenance options

Different routing options for moving the fence might require smaller portions of land

Establishing a softer release date – but this might not work if permittee has no options for that time
period and might not result in proper distribution or optimal utilization.
Fred Otley noted the panel fence he has might work in this situation. It works in heavy snow situations. It is
installed in short sections to minimize impacts on wildlife.
It was pointed out the WSA boundary should have been the same as the NLGA boundary. That’s what is
making this so hard, because the fact that the fence is within the WSA limits the fence design and
maintenance techniques available.
Fred Otley reminded the group that the maps were drawn (establishing the boundaries of the NLGA, for
example) as a result of negotiations and compromise. Stacy Davies asked if the green line on the map was
ever certified. The SMAC discussed the status of the mapping effort to implement the concepts agreed to in
the Steens Act.
Pam Hardy suggested installing a second fence in a different location that could be used in the event that the
let-down fence cannot effectively be put up. This option might be more challenging to make sure the cows
have access to water and would require BLM to maintain two fences. Autumn pointed out that the permittee
is only in the area for 2-3 weeks; she thought there would be few years that this would be a beneficial idea.
Dick Jenkins noted that this idea would be very expensive. Autumn agreed; expensive ideas would have to
wait for funding.
Dan Haak passed a map around with a different option depicted, with the fence going in another direction.
Autumn Toelle explained that his suggestion would entail moving the fence to a wet meadow area, and
might be even harder to maintain.
Stacy Davies suggested that some acreage might be picked up along the North Kiger Rim Road to the north.
There is a strip that could be fenced instead of using the ridge to control access for the cows. It might
compensate for lost acreage if the fence was moved to the line Autumn first proposed. Fred Otley suggested
that some other landowners in the area may have ideas as well. Fred also suggested the old Marvel property
might be considered, but he could not remember the property line on the west end.
David Bilyeu reminded everyone that visual impacts will need to be considered.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 5
Autumn Toelle said the BLM has not decided exactly what to do and thanked the SMAC for it suggestions.
Before an EA can be prepared for the Chimney Allotment Management Plan, the BLM will have to go on
the ground with GPS equipment to establish exactly how much acreage would be involved in a change of
the boundary fence.
Fred Otley suggested the EA could be developed conceptually instead, with less detailed information
provided. The fence line was originally conceived as a compromise to avoid these sorts of problems. But the
exact location selected was (as we now know) not well informed if we are experiencing these sorts of
problems.
The SMAC confirmed that it would like to know if the boundary of the NLGA has been established under
the law. The status of the boundaries was discussed.
Public Comment
Fred Otley provided public comment on behalf of some of his neighbors. He stated that BLM policy in
dealing with wildfire is to allow local firefighting personnel to be involved as much as possible up to a
point, but at that point, there is a transfer of control. In his experience, there is a two-day learning curve
before the new folks really understand what is going on. During that time, a lot can happen and many
opportunities slip away as conditions can change rapidly. He and his neighbors think that the strategy of
‘total transfer of control’ is flawed. They believe keeping the local managers involved during a two-day
transfer would allow the fire suppression team(s) to work with local landowners and permittees to
coordinate better and take advantage of local conditions. The goal would be to help the new folks (incident
management teams) to get on top of local issues more quickly. The incident management teams are really
qualified. A local landowner often knows more about the land than even the BLM folks do, as well as where
the danger spots are. There should be a mechanism for the local firefighters and manageres to stay fully
engaged during a transition period. The current protocol does not take advantage of local knowledge and it
does not encourage cooperation or coordination with those who know about local resources.
There were no other public comments.
Stacy Davies disagreed with Fred Otley; he thinks local staff is involved throughout a wildfire. Fred
observed that the outside incident management team doesn’t automatically know who to talk to, who has the
right knowledge. He believes this is frustrating for the fire crews too. They know they lose ground and lose
opportunities. He related a recent experience where a fire chief had come to him for advice, but the fire
chief understood that wasn’t the way things are supposed to be done. Stacy agreed that the transition could
be smoother, but he is concerned that not all local folks remain rational during emergency situations. Fred
responded that local BLM staff could identify which local people can be relied upon in an emergency. Hoyt
Wilson related a story where a new crew did not have knowledge about local wind behaviors, for example.
He cited three fires where the incident management teams didn’t listen to local knowledge that might have
been beneficial to have. Stacy related a story where an incident commander asked him if he was willing to
take on the liability based on the information Stacy was providing. Thinking about the accountability and
liability issues at stake changed Stacy’s mind. Some of the local folks don’t know what they are talking
about. Stacy added that in his experience the incident management teams have a lot of information at their
disposal. Bill Renwick reminded everyone about the Storm King Mountain fire in Colorado that killed 14
firefighters; four of those people were from Burns. That changed everything and a lot has been learned
about fire behavior since then. The incident commanders have a lot to consider.
Fred Otley concluded his thoughts by observing that every fire is different. He added that the incident team
on the recent fire did a wonderful job. The SMAC generally agreed that they appreciated the efforts of the
Hot Shot crews and their efforts on large fires and small.
Closing
It was agreed that everyone should read the Yockim letter provided in their packets and be prepared to
discuss it on Friday during the time allotted for fencing changes and other issues, after the break.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 6
Hoyt Wilson suggested that the SMAC might also discuss grass banking. This is a hot issue given the recent
wildfires. If time allows, this could be discussed on Friday. He believes it has been considered before and
was dropped, but maybe they should take another look at the idea. The Malheur National Wildlife Refuge
was trying to help affected landowners with relief forage, but there wasn’t a good mechanism to coordinate
the effort and ONDA threatened to challenge them for their efforts.
It was agreed that the SMAC would meet from 8 am to noon the following day and accomplish as much as
possible in that timeframe. Stacy Davies suggested that the SMAC’s job is not to receive status reports, but
to work collaboratively to develop creative solutions. He agreed with Hoyt; grass banking is a creative
solution to a real problem.
FRIDAY, AUGUST 17, 2012
David Bilyeu reviewed the agenda for the day. It was agreed that the Yockim letter, grass banking, and the
South Steens Allotment Management Plan EA would be discussed as time allows over the course of the
morning.
September 2011 Minutes
A few minor changes were noted to the draft minutes from the September 2011 meeting.
Motion:
Dan Haak moved that the SMAC approve the September 2011 meeting minutes.
Second:
Dick Jenkins seconded the motion.
Objections:
David Bilyeu called for objections; there were none.
Vote:
The minutes were approved unanimously.
Action:
Tara Martinak will print a final version for signature by Dave Bilyeu. The final minutes
will be posted online.
Steens Mountain Advisory Council Vacancies
David Bilyeu referred to a handout in the member packets and noted there are currently vacancies in the
Wild Horse Management, Burns Paiute Tribe, and State Liaison positions. Tara Martinak reported the Burns
Paiute Tribe position has been difficult to fill; the process of trying to find someone to fill that position is
on-going. The nominee for the Wild Horse Management position that was forwarded to Washington did not
pass the vetting process at the national level. Overall, the process has been going a little bit more smoothly,
but takes time.
Bill Renwick noted that he has talked with Brett Branscom, the Governor’s Natural Resources Director,
about filling the State Liaison position. He noted that the Burns Paiute Tribe has been undergoing some
organizational changes which may hinder their ability to name a representative at this time. He also noted
that there is a local veterinarian that might be qualified to serve as the Wild Horse Management
representative, Julie Weikel. She is already serving on the Southeast Oregon Resources Advisory Council.
There are two retired veterinarians in Burns as well.
It was agreed that all SMAC members should try to recruit people to apply. The next round of advertising
will begin in October.
It was noted that the Wild Horse Management position identified in the Steens Act requires a different level
of expertise than the other positions; which requires additional documentation to be submitted. That may
make it more difficult to make an appointment.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 7
It was noted that the Steens Act required that the tribal appointment be a Burns Paiute Tribe member, rather
than a tribal employee. It might be worth considering whether a designated alternate could be identified to
attend meetings should the appointed member not be able to attend meetings.
Four more member positions will open up in 2013 – the Environmental Organizations (David Bilyeu) , Fish
and Recreational Fishing (Tom Davis), Recreation Permit Holder (Dick Jenkins), and Private Landowner
(Fred Otley) positions are all scheduled to end in July 2013. Recruitment for those positions will begin in
October, 2012. Tara Martinak plans to include the Wild Horse Management position in that round of
recruitments.
Because there was not a quorum, an informal recommendation was agreed to by all SMAC members
present that BLM should move forward as quickly as possible to fill the current and upcoming vacancies to
allow a more timely appointment process. David Bilyeu will follow up with Tom Davis to learn about his
intentions.
David Bilyeu made note that the current Charter does not mention the concept of designated alternates. This
idea might have merit in helping to make certain that the Tribes are represented. Bill Renwick noted that
the Tribes may prefer not to participate in the SMAC if it is perceived that such a position could
compromise to the Tribes’ government-to-government relationships.
Steens Mountain Advisory Council Leadership
David Bilyeu noted that he was elected to serve as chair in November of 2010 for a 1-year period. At the
time of the election, it was agreed that Dan Haak would assume the chair position at the end of David’s
term. Fred Otley moved that Dan Haak serve as chair and Bill Renwick seconded the motion. David Bilyeu
suggested the motion be amended to clarify the timeframe that Dan would serve as Chair. It was agreed that
despite not having a quorum, this is an administrative matter and can be decided without a full quorum.
Prior to calling the vote, Dan Haak explained his concern that the lag in appointments leads him to wonder
whether the BLM and the Secretary value the work of the SMAC. He does not want to be the chair when the
SMAC loses its utility to the BLM. Fred Otley suggested that the SMAC needs good, seasoned leadership
and he hoped that Dan would consider serving in this capacity. Pam Hardy noted that many of the SMAC
members have served as Chair in the past and will be willing to help.
Dan Haak asked Brendan Cain for his perceptions. Brendan reported that the Wyoming RAC has recently
been reinitiated consistent with a perception that the RACs bring value to contentious decision-making
processes. He reminded the SMAC that its job is to provide advice to the District Manager on how to
manage the Steens Mountain CMPA more cooperatively. He looks forward to getting advice on upcoming
decisions, like on the South Steens AMP. The federal agency serves all citizens, and the SMAC helps make
sure they can fulfill that responsibility.
David Bilyeu pointed out the SMAC was established as a mechanism to help fulfill the most desirable
vision for managing the Steens Mountain CMPA (as opposed to establishing a National Park, for example).
The SMAC takes its job seriously; collaboration is difficult, but important. Dan Haak responded that he
doesn’t think all of the SMAC’s work has been taken seriously. Some recommendations have been ignored
and in some cases, the decisions that the SMAC weighed in on haven’t made any progress. He hasn’t seen a
lot of success stories in the last 24 months; he wants the SMAC to be effective and provide valued and
valuable advice to BLM. He wants to be able to point to good decisions and say, “we helped BLM make
that decision.” It will be tougher and tougher to recruit good members if the SMAC doesn’t have some
success stories. He thinks the meetings should be focused on developing recommendations. He would like
to see BLM follow through on the recommendations, or at the very least come back and explain why they
didn’t accept our recommendations.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 8
Dan agreed to step into to the leadership role. He hopes that meeting agendas can be designed to allow the
SMAC to develop recommendations on important issues rather than receiving updates. It was also agreed
that it is important for SMAC members to attend meetings so that quorum can be accomplished.
Motion:
Fred Otley moved that Dan Haak be elected to serve as the Chair of the Council and
Dave Bilyeu to serve as Vice Chair.
Second: Bill Renwick seconded the motion
Amended: The term will be for the next 18 months (2012 and 2013 calendar years)
Objections: David Bilyeu called for objections; there were none.
Vote: The motion was approved unanimously.
Action: Dan Haak will assume the duties of chair for the next meeting. David Bilyeu will serve
as vice chair.
Schedule for 2012 and 2013 meetings and Objectives for Future Meetings
Objectives for future meetings were identified, including:
 Areas for restricting non-mechanized recreation
 Search and rescue policy
 Steens Loop Road project and remaining American Recovery and Restoration Act funds
 Steens Mountain Comprehensive Recreation Plan EA
 Medusahead/invasive species
 The South Steens Allotment Management Plan EA
 Review the new charter and develop recommendations for changes to the charter, considering the Burns
Paiute Tribe position and any departures from the Steens Act
 Review the Steens Act (and discuss one section at each meeting)
 Set goals for the SMAC (i.e., reducing costs and litigation) to make sure the body remains relevant and
its recommendations creatively solve problems1
 Identify emerging issues for SMAC’s deeper consideration (rather than waiting for BLM to identify
issues)
 Reviewing the new WSA manual.
1
This suggested objective for a future meeting stimulated extensive discussion. Bill Renwick said that litigation might be necessary to resolve
some issues. Stacy Davies disagreed, saying that litigation could be avoided if the SMAC is doing its job. Pam Hardy stated that the SMAC’s
deliberations are important; well documented advice can help BLM defend itself. David Bilyeu pointed out that the SMAC discussed how to
develop good recommendations at a prior meeting; providing a historical record of the SMACs deliberations is critical part of each
recommendation. Fred Otley suggested the decline of Quaking aspen (an example) might be ripe for SMAC consideration. Pam Hardy said that
the available science used to support SMAC recommendations should be cited; all research should be reviewed carefully and honestly
summarized. Fred Otley would like the SMAC to proactively consider emerging issues to package issues to support public education and
outreach and help BLM prepare for litigation. Dick Jenkins reported that Squaw Butte has done significant research on many issues. Brendan
Cain observed that there have been conferences on aspen decline and asked if Fred’s goal is to understand the relevancy of what is known to
the Steens Mountain. Fred Otley said aspen is just one suggestion; other topics might be worthy of consideration, including water issues, wild
horse management. Rhonda Karges suggested that two key issues related to pending litigation include sage-grouse conservation and wilderness
values. David Bilyeu observed that the SMAC’s primary function is to advice BLM rather than to develop public outreach materials. Fred
Otley wants the SMAC to help tell the story, help BLM address challenges in a way that is responsive to public values. Bill Renwick observed
that the juniper issue is one that the SMAC now understands differently from the general public based on its efforts to understand the results of
the research. Fred Otley would prefer that the SMAC be out in front of issues rather than waiting for BLM. Brendan Cain affirmed that this
concept is consistent with his aspirations for the SMAC. He did note that the BLM may not have access to all of the recent research.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 9
The following topics were added later in the meeting:
 Inaccuracies in the mapped boundary of the NLGA
 Allotment fences
 Private property fences
 Removal of fences that shouldn’t have been removed.
 Grass bank concept
 Update on Cold Springs – September meeting
 The SMAC will review and discuss the new WSA manual
Stacy Davies pointed out that he prefers it when new topics are introduced at one meeting and the SMAC
consider advice at the next meeting. It was agreed that this is a preferred model.
A schedule was established for 2012 and 2013 meetings, as follows:
 September 20-21, 2012 in Burns to include a morning field trip to see an area infested with Medusahead
 November 29-30, 2012 in Bend
 February 21-22, 2013 in Burns
 May 9-10, 2013 in Diamond
 August 15-16, 2013 in Frenchglen (backup plan for Burns if wildfires make plans for Frenchglen
problematic)
 November 14-15, 2013 in Burns.
Objectives that were scheduled for upcoming meetings include:  Comprehensive Recreation Plan – September 2012 meeting to look at the alternatives that have been identified to evaluated in the EA; later meeting to review the draft EA
 Update on Cold Springs – September 2012 meeting
 The new WSA manual – November 2012 meeting (in Bend)
 Areas for restricting non-mechanized recreation – November 2012 meeting
Wendy Lowe’s contract as facilitator will end with completion of the minutes for the August 2012 meeting.
Brendan Cain outlined facilitation options that could be explored. It was agreed that the meeting is
important and that arrangements for another facilitator would be acceptable.
Tara Martinak will contact Rich Angstrom and Tom Davis to find out if they are available to attend the
September meeting. Brendan Cain noted that he would be happy to accept the SMAC’s recommendations
based on a majority vote even if the quorum is not accomplished.
Fencing Changes
David Bilyeu invited his fellow SMAC members to develop a list of ideas for addressing the fencing
challenges mentioned by Autumn Toelle the previous day.
Rhonda Karges reported that the legal descriptions have been finalized and submitted to the Washington
legislative affairs office. No maps of boundaries were sent to Washington as only minor changes have been
made. In response to a question from Hoyt Wilson, she explained that changes (like the Tabor Cabin change
in the NLGA boundary and access to the water gap) have been acknowledged and incorporated in the
Geographic Information System layers, but no changes have been made on the maps. Some, but not all, of
the cadastral surveys have been done on the ground. While some minor changes have been negotiated to
address management challenges, Rhonda reiterated that no official maps have gone back to Washington
(later in the meeting, the SMAC reviewed the General Boundary map that was sent to the Washington office
as part of the Steens Act legislation.)
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 10
Dan Haak asked why the fence line was placed where it was. Stacy Davies recalled that it was placed where
it was thought it would be convenient based on input from the permittees. Stacy believed that the boundaries
were perceived to be soft and everyone understood that they might need to change over time. In response to
the question “Does the fact that the maps have not gone back to DC mean that they there is room to make
changes at this time?” Rhonda Karges responded by stating that legal descriptions have been done for all the
boundaries.
It was pointed out that the SMAC is not discussing moving the boundary, but rather moving a fence line.
Pam Hardy stated that she thinks changing the fence in a manner that would effectively reduce the acreage
within the NLGA would go be perceived as “lawsuit bait” unless there was a comparable proposal (for a
trade-off) that would allow for an increase in acreage elsewhere. Stacy Davies disagreed, and said the
original agreement about the boundary was conceptual; a fence line has to be realistic so that it can be
managed. Fred Otley suggested that a different fence design (like the panel fencing he uses) might work in
the current location. The fence is needed to keep cows out of the NLGA. The issue is not to reduce the
acreage in the NLGA – but rather to come up with a manageable way to keep the cows out.
Ideas identified by the SMAC that might be considered by BLM to address the challenges associated with
fence management in the presence of snowdrifts include:
 Identify areas for potential trade-off elsewhere (land that could be added to the NLGA to balance the
loss proposed by moving the fence outside the area affected by drifting of snow)
 Consider a panel-type fence
 Allow mechanized equipment to clear along the fence line so that it can be maintained
 Move the fence (in recognition that the original route of the fence line was soft)
 Adjust the turn-out dates
 Mix of all of the above
The SMAC looks forward to hearing the results of the analysis of these options at a future meeting and
anticipates reviewing the draft Chimney Allotment Management Plan.
Motion:
Stacy Davies moved that the SMAC present the list of ideas to Autumn Toelle and
communicate the SMAC’s interest in reviewing the Chimney Allotment Plan when it is
has been drafted.
Second: Hoyt Wilson seconded the motion
Objections: David Bilyeu called for objections; there were none.
Vote: The motion was approved unanimously.
Action: None noted (transmit minutes to Autumn Toelle).
Yockim letter
David Bilyeu invited discussion about the letter included in the member packet from the law offices of
Ronald S. Yockim. Fred Otley said he hadn’t read the letter but he is aware of the issues that require
resolution. BLM should be responsible for maintaining the boundary of the No Livestock Grazing Area
(NLGA). Pam Hardy had read the letter and she is not convinced who needs to fix this problem. There is
one key assumption in the letter which is not really addressed – which is that the private land owner has no
responsibility for keeping his livestock on his private land. Stacy Davies noted four more issues. First, the
permittee has an allotment that borders the NLGA and some of the fences that he previously relied upon to
keep his livestock from penetrating the public land were removed by BLM and not replaced. Second, BLM
removed fences - some of which were functional and high quality fences -around Davies’ private property
as well, and didn’t replace those fences. Third, it is not clear who is responsible for fencing the NLGA.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 11
There are hundreds of acres around the periphery of the NLGA that are not fenced. Should BLM be
proactive and try to come up with some creative solutions? Should the SMAC become involved in any of
these issues? Another concern is that the boundary of the NLGA is inaccurate on the maps; the existing
boundary started as a good idea, but it is now clear that it cannot be maintained the way it was intended.
Fred Otley doesn’t agree with Joan Suther’s position on this issue. Two properties had fairly new, good
quality fences that were removed. Once fence has been removed, but putting it back in is an expensive
proposition. BLM should enter into cooperative agreements to maintain fences along the property boundary.
Fred would advocate that BLM be responsible for maintaining the boundary around the NLGA, or
understand that there may be stray cows on occasion.
It was agreed the SMAC might consider this topic further at a future meeting. BLM’s position is that they
are only responsible for maintaining fencing involving areas that were involved in land exchanges. Hoyt
Wilson noted that there are a number of places where there is no fence because the elevation is so high
(6500 feet high) and that it is essentially impossible to maintain fences that high up. Ranchers cannot keep
cows out of the area if the cows want to climb up that high. The ranchers think the boundary of the NLGA
must be maintained by BLM – or BLM should accept that occasional trespass is unavoidable.
Grass banks
Hoyt Wilson would like to see consideration given to the possibility of establishing grass banks to help
permittees in the event that a grazing area has been lost due to wildfire. He wondered about retiring
allotments: could they not be leased to someone else and held in a grass bank? Stacy Davies asked Brendan
Cain if the idea is legal under BLM’s regulatory requirements. Brendan did not think it was possible under
the law. It was noted that there are some pastures in the Diamond seedings that are being held aside for
situations where an allotment is being treated with a prescribed burn. It was speculated that arrangements
can be made where an allotment can be held out for so many years, but must be grazed once in a while. The
provisions in the allotment may require use for some years over the course of the allotment timeframe, for
example.
Bill Renwick noted that the Baker City Soil and Water Conservation District has an employee whose job is
to identify properties that can be held out of production and be allocated as grass banks. Stacy Davies shares
Hoyt’s interest in spending some time talking about this concept at some point in the future, but he is not
convinced BLM should manage a grass bank. A more appropriate entity might be a 501(c)3 organization. It
was agreed that this concept should be put on the agenda for an upcoming meeting. Possible discussions
include: 1) the legal situation, 2) how it might be managed, and 3) whether there are actually any properties
within the Steens Mountain CMPA that might be eligible. There are many reasons why this is a topic that is
worthy of SMAC consideration.
Brendan Cain offered to do some research into what is allowable as a starting point. The SMAC affirmed
that they would appreciate hearing about learning what Brendan learns.
Public Comment
No members of the public were present to provide comments.
South Steens Environmental Assessment
Hoyt Wilson observed that the SMAC has been trying to address the situation in the South Steens Allotment
for four years. There are four designations in the South Steens Allotment: a WSA, a Wild and Scenic River,
a Wild Horse Herd Management Area, and the CMPA. They all have restrictions and requirements that
must be adhered to and it is almost impossible to manage around the myriad requirements. However
justified, a water development in a WSA seems impossible to pursue given the political opposition. In all
likelihood it would be challenged in court. The simplest solution might be to go to Congress and ask them to
release the WSAs. Every year there are more WSAs, which restricts the management tools available. He
believes the South Steens Allotment is a clear-cut case where there is a conflict that cannot be solved.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 12
In response to a question, Brendan Cain said no WSA has ever been released by Congress in the Burns
District. Rhonda Karges noted that the Wildlands Juniper Management Area was formerly a WSA.
Fred Otley suggested that Congress could pass a bill that water developments that are properly evaluated
under the National Environmental Policy Act cannot be used to preclude consideration for designation as a
wilderness area. Then water developments could be considered on their merits. Fred believes most water
developments have ecological benefits.
David Bilyeu offered the opinion that the inability to establish a water development in a WSA derived from
the Interim Management Plan (IMP). Now that the new WSA manual has been adopted in lieu of the IMP,
perhaps that situation would change. He is looking forward to seeing if the new WSA manual will prevent
water developments in WSAs in the future.
Bill Renwick felt good about the last conversation the SMAC had about the South Steens Allotment
Management Plan EA as it had been creative and innovative. He reminded the group that the BLM solicitor
out of Portland had encouraged the SMAC to focus on this challenge.
Dick Jenkins observed that the Steens Act ignored man-made structures when it established the WSAs in
the Steens Mountain area.
David Bilyeu suggested that the recommendation that Hoyt Wilson proposed is not objectionable to him. He
believes that such a recommendation should be transmitted not just by the SMAC, but by a consortium of
organizations. He suggests a careful process to study and consider each and every WSA. While it is possible
that some of them should be released from protection as WSAs, others might be considered suitable for
designation as wilderness. Such an effort might take several years.
Stacy Davies agreed that reviewing the new WSA manual is a good first step. He cautioned, however, that
because the Steens Act says that WSAs must be managed in accordance with the IMP and the Federal Lands
Policy Management Act, the new Manual may not even be valid in the Steens CMPA.
Fred Otley asked if BLM is considering an alternative that would move the wild horses from the South
Steens Allotment into the NLGA area. Fred believes the alternative must be considered if water
developments are not possible. The South Steens (wild horse) Herd Management Area boundary was never
changed. If the horses don’t have access to water, it is because of the fencing.
Bill Renwick asked if any new WSA was designated in the Steens Act. Stacy Davies said the majority of
land that is included in the Steens Act as WSA was already designated before the Steens Act was passed.
Action Items
The status of each action item from the prior meeting was discussed. New action items were noted, as follows:  All members should work on recruiting new members.  Tara Martinak to determine if Tom Davis or Rich Angstrom can attend the September meeting.
 BLM will distribute the WSA Manual to the SMAC as soon as possible.  Dan Haak will work with BLM to plan the agenda for the September meeting. The complete list of action items is attached as Appendix E.
August Meeting Evaluation
SMAC members provided feedback to Wendy Lowe regarding the August meeting related to what they
believed had gone well as well as opportunities for improvement in the future.
BLM, Burns District Office, 28910 Hwy 20 W, Hines, Oregon, 97738 541.573.4400
August 16-17, 2012 Summary Minutes, Page 13