Download Cheryl Bradley

Public Land for the Taking
A Disturbing Tale
Outline
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What is native prairie and what remains?
Of what value native prairie?
Stewardship of native prairie on public land
Sale of public land: law, policy and practice.
A disturbing tale about the plan to turn
prairie on public land into potato fields
• Hope?
Prairie is defined by deep rooted grasses and other drought-resistant vegetation.
Shrubs and trees grow in moister areas. Wetlands dot the landscape.
In the parkland, grasslands intermingle with aspen woodlands.
70 – 80% of what was native prairie is now
cultivated fields and settlement
Landscape Fragmentation of Remaining Prairie
Native Prairie and Parkland Remaining
• 20-30% of native
prairie remains (about
5% of Alberta)
• About two-thirds of
native prairie is on
public land
• <1% protected
Public
Private
Environmentally
Significant Areas
•Large blocks of native
prairie are few.
•ESAs are areas of native
prairie that are assessed as
highly important to the longterm maintenance of
biological diversity, soil,
water, or other natural
processes. They contain
rare or unique species and
features that may require
special management for
their conservation.
Native prairie constitutes about 5% of the
provincial land base, and yet supports:
• 50% of the rare ecological communities
(grassland, shrubland and wetland),
• 40% of rare vascular plant species
• 70% of wildlife species considered “at
risk” or “may be at risk”
Source: Alberta Conservation Information Management System
Ecological Goods and Services –
Alberta Native Prairie
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Biodiversity maintenance
Critical habitat for wildlife
Watershed/Soil protection
Carbon storage
Sustainable rangeland ecosystem
Recreation
Open space and aesthetics
Land surface for mineral extraction
Economic opportunity is accommodated on
public lands by issuing dispositions not
leading to ownership.
Oil &
Gas
Leases
Grazing
Leases
Stewardship of
public rangelands is
accomplished by
applying measures
of ecological health
Healthy with problems
Healthy
Unhealthy
Sale of public land in
southern Alberta is
driven by an ideology
that native prairie is
wasteland that can be
“improved” by
cultivation and
settlement.
Public Land Sales 1996/97 – 2009/10
Total sold in 14 years is 102,395 acres (160 mi2)
Average sold is 7,313 acres/year
14,000
12,000
10,000
8,000
Area (acres)
6,000
4,000
2,000
0
96/97
99/00
02/03
05/06
08/09
Note: Stats do not include tax recovery transactions
Process for Sale of Public Land
1. Application submitted by a party that holds a
disposition on the lands or has the consent of
the disposition holder
2. Government determines whether the public
lands are suitable for sale (through internal
referrals) considering
– impact on resource values and environment
– conform with land use policies
– availability of private land for uses of economic or
social importance
3. If the land is suitable for sale, it is sold by public
auction or tender. The current disposition holder
does not have a priority right.
Bow Island Land Sale
A Disturbing Tale
Application made for sale of 25 sections
(16,000 acres) of public land, more than
sold in any year in the past 14 years
Applicant (SLM Spud Farms) only recently
acquired the grazing lease on some of the
lands to be sold through a land swap.
Applicant did not have the consent of the
disposition holder on most of the lands
considered for sale.
Bow Island Land Sale
A Disturbing Tale
Confusion about Tax Recovery status.
Bow River Irrigation District agreed to
provide large volumes of irrigation water
for the project using water saved through
efficiency improvements. The degrading
lower Bow River would not benefit.
Suitability of the lands for irrigation was
not assessed.
Private lands are available for potato
production
Bow Island Land Sale
A Disturbing Tale
Determination of whether the public lands
are suitable for sale was not made prior to
the sale being brought to the Minister for
decision; or if it was, it was ignored.
Lands are part of a Environmentally
Significant Area (national significance).
There are at least four species legally
listed at risk federally and provincially
known to occur in the area. Others are
expected to occur but inadequate survey.
Bow Island Land Sale
A Disturbing Tale
Misrepresentation of conservation land
trusts (e.g. NCC) by the Minister
Intent was to sell the land directly to the
applicant without public auction or tender.
Lack of openness, transparency or
opportunity for public input.
A Happy Ending (for the moment)
In Search of Public Land Law in
Alberta (Kennet & Ross, 1998)
“ Alberta’s statutes governing land and
resource use lack an overarching
framework of integrative principles,
objectives and standards, the extent of
substantive and procedural direction
provided to decision-makers is often
limited, and adherence to principles of
ecosystem management is not mandated
by law. Alberta is also without a
comprehensive planning process for public
land and resources.”
Hope?
•Land Use Framework (Regional Plans)
•Watershed Plans
•Cumulative Effects Management System