Thompson Divide mineral withdrawal finalized for 200K+ acres
By Katherine Nettles
The Biden-Harris administration officially signed protections for the Thompson Divide area on Wednesday, April 3, ensuring a 20-year safeguard from new oil and gas leasing and new mining for almost 222,000 acres across the Western Slope. This includes Mt. Emmons directly to the west of the town of Crested Butte, known locally as Red Lady.
After more than a year of public and federal engagement since the Biden administration’s proposed withdrawal in October 2022, Secretary of the Interior Deb Haaland signed Public Land Order 7939 on Wednesday, withdrawing approximately 221,898 acres of US Forest Service (USFS) and Bureau of Land Management (BLM) land from disposition under the public land laws and operation of federal mining, mineral and geothermal leasing laws for a 20-year period.
The public land order withdraws 197,745 acres of the White River and Grand Mesa, Uncompahgre and Gunnison national forests, as well as 15,465 acres of BLM-managed public lands and 8,689 acres of reserved federal mineral interest under non-federal land.
“This is a huge day for Crested Butte and surrounding areas!” wrote Crested Butte mayor Ian Billick in an email to the Crested Butte News on Wednesday morning. “With the announcement of the administrative withdrawal of mining on the Red Lady/Mt. Emmons by the Biden Administration, we have taken another major step towards permanent protection. The foundation for this achievement was set long ago; it’s humbling to be part of 50 years of committed work by our community to make this happen.”
Billick acknowledged the dedication of local conservation organization High Country Conservation Advocates (HCCA), whose mission has long been to protect Red Lady permanently. “Catalyzed by High Country Conservation Advocates, protecting the Red Lady has been a community effort spanning 50 years, involving generations of community members, activists and politicians. This is a major success that we collectively made happen! It’s time to celebrate!”
Billick also recognized the work of U.S. senator Michael Bennet in getting the action all the way to the White House. “Senator Bennet and his team have been relentless in pursuing Crested Butte’s top long-term goal, protection of the Red Lady. This 20-year mineral withdrawal is a major achievement on the path to permanent protection,” Billick wrote.
Gunnison County commissioner chair Jonathan Houck expressed his excitement as well. “I am so happy and proud for all the communities connected to the Thompson Divide and Mt. Emmons. So many folks have carried the torch and never gave up on protecting Mt. Emmons. The Red Lady has been protected because of the relentless advocacy and grit of generations of folks in Crested Butte and across Gunnison County,” he said. “I committed my efforts to the fight 12 years ago when elected county commissioner and Senator Bennet’s leadership gave us a chance to include this withdrawal with actions on the Thompson Divide as part of the CORE (Colorado Outdoor Recreation and Economy) Act, much of which is in Gunnison County. Today we celebrate the breathing room the 20 years gives us and tomorrow we continue the work to make the actions permanent.”
Bennet first introduced the Thompson Divide Withdrawal and Protection Act in 2013, and the bill was eventually incorporated into the CORE Act. Mt. Emmons was later included as Bennet heard from the local community and Mt. Emmons Mining Company (MEMC), working to “resolve one of the longest standing mining disputes in the nation,” according to a joint press release from Bennet and U.S. senator John Hickenlooper.
“Coloradans fought for decades to protect the Thompson Divide and Mt. Emmons,” said Bennet. “This announcement is a testament to the persistence of Colorado’s farmers, ranchers, hunters, anglers, recreationists, wildlife enthusiasts and conservation groups, who were unrelenting in their work to protect the landscape we all love. Now, we need to pass the CORE Act to make this withdrawal permanent and protect this land for the next generation and generations to come.”
Hickenlooper added, “Coloradans know what’s best to protect our cherished landscapes, and this announcement ensures that protection.”
Longtime HCCA board member and current president Sue Navy was excited on Wednesday as well. “This was worth waiting for, and working for, for so long,” she said. “We’re so close to accomplishing what we set out to do nearly 50 years ago! Woo Hoo!”
Steps toward permanence
A land exchange is also in the works between the USFS and MEMC with a stated objective from MEMC to effectively end the possibility of mining on Red Lady in perpetuity, while allowing the mining corporation more efficient management for on-site water treatment operations for historic acid mine drainage. That land exchange process is under federal review and expected to become final sometime this year. Only Congress can legislate a permanent withdrawal, such as in the CORE Act.
Meanwhile, the Thompson Divide withdrawal is authorized by the Federal Land Policy and Management Act, which authorizes Secretary of the Interior to withdraw lands aggregating 5,000 acres or more for a maximum of 20 years, subject to renewal.
Much of the Thompson Divide area has not been available to oil and gas leasing for several years, and there is no current or planned oil exploration or production in the area. The action will not affect water rights, activities on private lands or valid existing rights, including the underground Wolf Creek Gas Storage Area field that provides energy to the Roaring Fork Valley. Existing and unaffected leases in the Thompson Divide area constitute less than 1% of the 3,000-plus active federal leases in the state of Colorado, according to political/environmental nonprofit organization Mountain Pact.