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Headline News
for the week ending June 20, 2003

Dry Lake and Moonshine fires receive precipitation 

  The Dry Lake Fire and the Moonshine Fire received precipitation from Tuesday's and Wednesday’s storms, moderating fire behavior significantly in the Gila National Forest, the U.S. Forest Service reported Wednesday.

Posted 6-19-03

Domenici, citing minnow decision, starts to drum 
up support for amending Endangered Species Act

  Senator Pete Domenici on Wednesday warned of the national threat to water compacts and agreements throughout the West from the recent 10^th Circuit Court opinion on the Rio Grande silvery minnow, and sought the support of Senators to amend the Endangered Species Act.

Posted 6-19-03

Domenici says ‘god squad’ legally premature, 
continues developing legislative minnow fix

  Senator Pete Domenici, R-NM, on Tuesday rejected the so-called "God Squad" fix to New Mexico's water and silvery minnow issue, saying such action would be premature because statutorily all viable options should be exhausted before the trigger is pulled on an endangered species.

Posted 6-19-03

NM tops list of states receiving the most PILT funds

  Senators Jeff Bingaman, D-NM, and Pete Domenici, R-NM, announced Wednesday New Mexico counties will share more than $21.39 million in payments in lieu of taxes (PILT) - funds that go to local governments to replace lost tax revenue for federal land.

Posted 6-19-03

Bingaman offers amendment to prescription drug bill  
to make it easier for seniors to qualify for full benefit 

  Senator Jeff Bingaman, D-NM, on Wednesday offered an amendment to the prescription drug bill under debate in the Senate that would make it easier for low-income seniors to qualify for the full benefit.

Posted 6-19-03

Dry Lake Fire grows to 10,700 acres 

  With relative humidity in the single digits, both the Dry Lake Fire and the Moonshine Fire in the Gila National Forest increased in size over the weekend.

Posted 6-17-03

Fire update for Gila 

  Five fires continue to be managed as wildland fire use fires for resource benefits in the Gila National Forest, the U.S. Forest Service Fire Information Office reported Monday.

Posted 6-17-03

Southern NM counties to receive  
more than $13 million in PILT funds

  Congressman Steve Pearce, R-NM, said Tuesday that 16 of the 18 counties in his Second Congressional District will share payments totaling $13,511,986 as their part of the federal government's Payment-In-Lieu-of-Taxes (PILT) program for Fiscal Year 2003.

Posted 6-17-03

Rep. Pearce opposes Senators 
Domenici & Bingaman on tax credits 

  Representative Steve Pearce (R-NM) on June 12 opposed New Mexico Senators from both political parties by blocking consideration of the Senate-passed bill to provide immediate child tax credit relief for working and military families.

Posted 6-17-03

Domenici ready for debate on Medicare reform

  Senator Pete Domenici said Friday he’s eager for the upcoming Senate debate that could finally give seniors long-awaited help in paying for their prescription drugs.

Posted 6-17-03

T or C man charged with raping girl 

  A Truth or Consequences man was arraigned Thursday in the Sierra County Magistrate Court on multiple felony charges that he allegedly kidnapped and raped a nine-year-old girl about four years ago.

Posted 6-13-03

Senator Domenici sees minnow ruling 
as serious threat to New Mexico water law

  Senator Pete Domenici expressed "profound dissatisfaction" with the 2-l decision by a three-judge panel of the l0th Circuit Court of Appeals that "threatens to undo water law throughout New Mexico and much of the rest of the West."

Posted 6-13-03

10th Circuit issues ‘monstrous’ ruling, echoes Pearce

  Upon hearing the ruling of the 10th Circuit Court of Appeals on Thursday, U.S. Representative Steve Pearce said he was "disgusted" to hear that the rights given to Americans under the 5^th and 10^th Amendments of the Constitution have been compromised.

Posted 6-13-03

Madrid decries 10th Circuit Panel decision 
upholding Parker in silvery minnow case 

  “I have not had time to fully analyze the opinion but the decision of this 10th Circuit Panel to uphold Judge Parker certainly comes as a disappointment. This case involves one pivotal question: who controls New Mexico's water - New Mexico or the federal government?”

Posted 6-13-03

Dry Lake Fire Use Complex results 
in the closure of Jerky Mountain Trail 

  The Dry Lake fire use complex in the Gila Wilderness has grown to about 7,800 acres, the Gila National Forest Fire Information Office reported Thursday.

Posted 6-13-03

Gila National Forest fires continue to burn 

  Five fires are being managed as wildland fire use fires for resource benefits in the Gila National Forest, the U.S. Forest Service Fire Information Office reported Thursday.

Posted 6-13-03

Dry Lake and Moonshine

fires receive precipitation

SILVER CITY - The Dry Lake Fire and the Moonshine Fire received precipitation from Tuesday's and Wednesday’s storms, moderating fire behavior significantly in the Gila National Forest, the U.S. Forest Service reported Wednesday.

Both fires still continue to burn and are expected to do so for some time. The rain is allowing fire managers to scale back and release one of the helicopters assigned to the incident.

The Fire Use Incident Management Team assigned to the Dry Lakes Complex will continue to manage the fires.

Even though fire activity decreased, resource objectives are still being met. The long-term benefits of both fires include minimizing future threats to firefighters and increased opportunities for low intensity fires to play a natural role in wilderness.

Five trails in the vicinity of the fires remain closed for public safety: Turkey Creek Trail No. 155 from the bottom of Turkey Creek up Skeleton Ridge to the junction with Miller Springs Trail No. 159; Woodrow/Sycamore Canyon Trail No. 158 from the junction with Turkey Creek Trail No. 155 to the junction with Upper Mogollon Creek Trail No. 301; Jerky Mountain Trail No. 164 from Turkey Feather Pass to the junction with the Marrs Spring Trail No. 165; Clayton Springs Trail No. 175 from the junction with the Jerky Mountains Trail No. 164 to the junction with the Middle Fork Gila River Trail No. 157; Clayton Mesa Trail No. 141 from Cooper Canyon where the trail leaves the bottom of Iron Creek to the junction with the Clayton Springs Trail No. 175.

Many hiking opportunities still exist within the Gila National Forest and allow visitors opportunities to safely view the fire.

Precautions when traveling in the vicinity of a fire can include hazards such as erratic fire behavior, rolling rocks or logs, falling snags, and poor visibility due to smoke.

Anyone planning a trip in the Gila Wilderness should check for the latest fire information and closure status with the District Office or the Gila Cliff Dwellings National Monument Visitor Center. Information numbers include the Wilderness District at (505) 536-2260, Gila Cliff Dwellings National Monument at (505) 536-9461, and Dry Lakes Fire Use Complex at (505) 388-8416.

A fire information station staffed by the Sapillo Volunteer Fire Department is located at the Wild Horse Mesa Overlook at mile marker 21.5 on Highway 15 north of Silver City.

The Dry Lake Fire is nine miles southwest of the Gila Cliff Dwellings and 27 miles northwest of Silver City.

The Moonshine Fire is three miles south of Snow Lake.

These fires are burning in very steep, remote and brushy country north of the Gila River.

<<<   >>>

(posted 6-19-03)

Domenici, citing minnow decision, starts to drum

up support for amending Endangered Species Act

WASHINGTON, DC - U.S. Senator Pete Domenici on Wednesday warned of the national threat to water compacts and agreements throughout the West from the recent 10^th Circuit Court opinion on the Rio Grande silvery minnow, and sought the support of Senators to amend the Endangered Species Act (ESA).

In a speech to the Senate on Wednesday, Domenici put the Senate on notice that he intends to push legislation that would not only address the Rio Grande water situation and the silvery minnow, but also a renewed bid to improve the ESA.

"We must amend this law. I will ask the Senate to act to amend the implication that this law and this court decision to save the minnow has on the Rio Grande and the people of New Mexico," Domenici said.

"Certainty is the bedrock of all Western water law. That certainty is critical for our people, our country, our economy, and yes, our environment,” he said.

“Certainty is also a must for endangered species. The court chose to abandon collaborative efforts and the 2003 Biological Opinion, and directly threaten every interstate water compact in America, every compact established by adjudication," he said.

Domenici said he will continue to develop legislative solutions for the silvery minnow, and to amend the ESA. He said he expects support from state officials and the Bush administration, and that those entities will fully pursue the appeals process.

"The 10^th Circuit ruling says that ESA can pre-empt anything and everything. Essentially, this opinion creates a new federal right for endangered species," Domenici told his fellow Senators.

"Under the court's theory, no city, county, state or agricultural community can reasonably expect a permanent water supply. That is not what Congress intended when we passed the Endangered Species Act. That is not what I intended when I voted for that law," he said.

"I believe there has to be a better way. I believe we can amend this law to better protect struggling species while still respecting the authority of the government, states, localities and Indian tribes. I believe we can amend this law to better protect struggling species while still allowing people access to the resources we need to survive," Domenici said.

"As this law is now written and interpreted by the courts, we are failing our struggling species. We are also failing our citizens who look to us, state and local leaders, for access to the resources they need to live," he said.

"This ruling says we can't even guarantee them the very water they need for survival, sanitation and food,” the senator said. “Government cannot function under such proscribed chaos."

In recent years, Domenici has used his chairmanship of the Energy and Water Development Appropriations Subcommittee to direct almost $30 million toward the middle Rio Grande habitat and development of refugias to promote promulgation of the silvery minnow.

A large portion of those funds have yet to be used by the Middle Rio Grande Collaborative Program Workgroup to improve the minnow situation.

<<<   >>>

(posted 6-19-03)  

Domenici says ‘god squad’ legally premature,

continues developing legislative minnow fix

WASHINGTON, DC - U.S. Senator Pete Domenici, R-NM, on Tuesday rejected the so-called "God Squad" fix to New Mexico's water and silvery minnow issue, saying such action would be premature because statutorily all viable options should be exhausted before the trigger is pulled on an endangered species.

Domenici said he would not support calls for using provisions in the Endangered Species Act to form a six-member panel, or God Squad, to seek an exemption to taking action to save the Rio Grande silvery minnow. Such action is statutorily prohibited, he said, if alternatives remain viable.

"Quite frankly, I was a little surprised to see some give up so quickly on the minnow," Domenici said. "We have serious water problems in New Mexico, foremost among them balancing the needs of our cities and farmers with those of the fish. But neither the drastic measures proposed by the 10^th Circuit nor by the 'God Squad' are required at this point. We still have options and we are not at a point where we should pull the trigger on the minnow."

Domenici said he maintains that "reasonable and prudent alternatives" for conserving the minnow are available with a March 17, 2003 Biological Opinion issued by the U.S. Fish and Wildlife Service.

"There are still court options to consider, and I am now working on legislative solutions," Domenici said.

"Evoking the so-called God Squad option, like the 10^th Circuit opinion, does not take into account the 2003 Biological Opinion. The Endangered Species Act sets forth a number of statutory requirements that must be met before giving up on the future of an endangered species,” Domenici said.

“One requirement is that there are no reasonable and prudent alternatives. In this case, there are," the senator said.

In recent years, Domenici has used his chairmanship of the Energy and Water Development Appropriations Subcommittee to direct almost $30 million toward the middle Rio Grande habitat and development of refugias to promote promulgation of the silvery minnow.

Domenici said a large portion of that money, designated for the Middle Rio Grande Collaborative Program Workgroup, is still available.

The funds are intended to promote short- and long-term activities including river habitat modifications, water leasing and purchases, minnow population management and breeding, refugia construction, fish/stream monitoring, and nonnative tree removal.

"At this point, I can only say that the Workgroup must get to work using these resources to save the minnow and avoid calamitous outcomes," Domenici said.

"It is time to set aside individual views and reach for fair and balanced common ground that will serve everyone's purposes," he said.

The Workgroup is made up of, among others, the Bureau of Reclamation, the Army Corps of Engineers, and the Fish and Wildlife Service, and non-federal organizations including the New Mexico Interstate Stream Commission, city of Albuquerque, Middle Rio Grande Conservancy District, Alliance for the Rio Grande Heritage, NM Department of Game and Fish, the state Attorney General, NM Environment Department and the University of New Mexico.

Domenici also met Tuesday with Albuquerque Mayor Martin Chavez, and conferred with Governor Bill Richardson, on the minnow issue.

<<<   >>>

(posted 6-19-03)

New Mexico tops list of states

receiving the most PILT funds

WASHINGTON, DC - U.S. Senators Jeff Bingaman, D-NM, and Pete Domenici, R-NM, announced Wednesday New Mexico counties will share more than $21.39 million in payments in lieu of taxes (PILT) - funds that go to local governments to replace lost tax revenue for federal land.

No state received as much as New Mexico. California, which in recent years was the only state to receive more PILT funding than New Mexico, will receive $19.24 million.

Bingaman, the top Democrat on the Senate Energy and Natural Resources Committee, has been the leading advocate in Congress for raising PILT payments to counties.

Earlier this year, Bingaman reintroduced legislation he wrote to automatically and fully-fund the PILT program each year, exempting the program from the annual appropriations process.

Currently, PILT is authorized at more than $345 million, but was funded this year at just $218 million.

"Much of the land in our state is in federal hands, and it is very important that New Mexico's counties get fairly compensated for that. While New Mexico tops the lists of states that will receive the most funding, I continue to believe the counties in our state are shortchanged because Congress under-funds PILT year after year. As states and local communities continue to feel the pinch of our ailing economy, it is more important than ever that we do a better job of funding PILT. I will continue to press my case in Congress," Bingaman said.

Senator Domenici reported Wednesday he too has strived for years to fully fund the PILT program.

Domenici, a member of the Senate Interior Appropriations Subcommittee, said the 2003 PILT grants to New Mexico represent a $2.4 million increase over PILT payments to New Mexico counties last year.

The Bureau of Land Management awarded the funding based on tax-exempt federal land in New Mexico. The federal government owns at least 33 percent of the land in New Mexico, Domenici said.

"PILT payments help local governments carry out such vital services as firefighting and police protection, construction of public schools and roads, and search-and-rescue operations. These payments are one of the ways that the federal government can fulfill its role of being a good neighbor to local communities," Domenici said.

"This is an especially important role for the BLM, which manages more public land than any other federal agency," he added.

The PILT payments are made directly to local governments, usually counties, to compensate for certain tax-exempt federal lands within their boundaries. Curry County in eastern New Mexico is the only county that does not receive a PILT payment.

Eligible counties include those with substantial acreage of federal lands - national forests, national parks, national wildlife refuges, lands used for federal water projects, some military installations, and lands managed by the BLM - within their borders.

Payments are based on a formula that considers population and the amount of federal land within an affected county.

As part of the final FY2003 Consolidated Appropriations Act passed, Domenici's request for a significant funding increase for the PILT program was approved, providing $220 million for FY2003 - a $10 million increase over last year, and $35 million above the President's request.

"Because the federal government owns a considerable amount of land in our state, local communities have less tax base on which to rely. PILT funding is a vital revenue source that helps New Mexico counties provide basic, necessary services to their residents," Domenici said.

County-by-county PILT awards for fiscal year 2003 are below. Fiscal year 2002 figures are included for comparison.

COUNTY        FY 2002          FY 2003

Bernalillo      $110,220         $123,364

Catron          $267,638         $320,469

Chaves         $1.4 million     $1.6 million

Cibola          $922,670          $1.05 million

Colfax          $85,800            $93,439

De Baca        $48,998            $56,181

Dona Ana       $1.4 million      $1.6 million

Eddy             $1.55 million   $1.78 million

Grant            $1.18 million    $1.3 million

Guadalupe     $71,664            $80,599

Harding         $61,122            $64,758

Hidalgo         $425,861           $430,317

Lea               $496,381           $568,340

Lincoln          $814,522           $959,755

Los Alamos     $42,509            $46,348

Luna              $875,153           $1 million

McKinley        $476,054           $553,616

Mora              $132,822           $144,429

Otero             $1.55 million  $1.79 million

Quay              $2,125              $2,433

Rio Arriba       $1.4 million   $1.49 million

Roosevelt       $11,949             $14,451

San Juan         $1.01 million  $1.16 million

San Miguel       $458,590           $490,906

Sandoval        $1.18 million  $1.29 million

Santa Fe         $372,432            $404,390

Sierra             $641,386            $723,243

Socorro          $781,870            $882,537

Taos               $872,072            $953,428

Torrance         $183,880            $206,440

Union              $67,562              $77,347

Valencia          $40,079              $45,816

TOTAL: $19.012 million $21.397 million

<<<   >>>

(posted 6-19-03)

Bingaman offers amendment to prescription drug bill

to make it easier for seniors to qualify for full benefit

WASHINGTON, DC - U.S. Senator Jeff Bingaman, D-NM, on Wednesday offered an amendment to the prescription drug bill under debate in the Senate that would make it easier for low-income seniors to qualify for the full benefit.

As a member of the Senate Finance Committee, the panel that wrote Medicare prescription drug bill, Bingaman has already helped shape the bill in several important ways to benefit New Mexico seniors and hospitals.

On Wednesday, Bingaman offered an amendment that would eliminate the so-called assets test in 2009 when the necessary funding to pay the costs will be available.

The assets test is a test that disqualifies seniors or people with disabilities making below $15,000 per year from receiving the full prescription drug benefit if they own a car worth as little as $4,001.

According to the Congressional Budget Office, 21 percent of Medicare beneficiaries who would otherwise qualify for the low-income benefit - meaning the lowest monthly premium - would not get that benefit because of the assets test.

"I think we can all agree that those who have the least in the way of income really need the most help in paying for their prescription drugs. The assets test disqualifies many low-income Medicare recipients from getting the help they need. Eliminating this test is the right thing to do," Bingaman said.

The vote on Bingaman's amendment is expected today (Thursday, June 19).

Bingaman also was able to have the following provisions he wrote included in the bill:

Bingaman's Medicaid Safety Net Hospital Improvement Act. This provision would increase Medicaid payments for Disproportionate Share Hospitals - hospitals that treat a large number of uninsured patients - resulting in $45 million to New Mexico annually. That's an increase of $35 million over this year. This provision would expire after two years, but Bingaman will continue to work to make it permanent.

Bingaman's Medicare Incentive Payment Program Improvement Act. This measure makes automatic a 10 percent bonus payment awarded to physicians in rural, medically underserved areas. Under current law, physicians must go through a cumbersome application process and few doctors are receiving it.

Bingaman's Rural Equity Payment Index Reform Act (REPaIR). This measure will help New Mexico and other rural states attract doctors and other health care professional by ensuring that Medicare reimburses them at a fair rate. Currently, New Mexico physicians are collectively being shortchanged by about $2.9 million annually because of an inequity in Medicare payments to doctors and skilled health care professionals who practice in rural areas versus those who practice in urban areas.

Because seniors will be expected to purchase their prescription drug benefit through private insurance companies, which is likely to cause great confusion among seniors, Bingaman insisted that the legislation contain a provision that builds upon existing ombudsmen, advice and counseling programs in the states by providing more adequate and dependable funding for these consumer services.

Bingaman was able to include a provision that fixes a problem in federal law that prevents the federal government from fully reimbursing dental residency positions at and through hospitals, such as those at UNM hospital.

Bingaman was able to include a provision that allows Indian Health Service providers and clinics to receive far better rates through Medicare for contract health services. This will have a significant impact because it maximizes Indian Health Service funding to provide additional services to the Native American community.

Under the measure currently being debated, Medicare participants would pay a monthly premium to get drug coverage, plus a deductible of $275 a year.

Seniors would then have to pay half of all drug costs between $276 and $3,450 a year, then for all drug costs between $3,450 and $5,300.

When costs reached beyond $5,300 in a year, Medicare would pay 90 percent of drug costs.

<<<   >>>

(posted 6-19-03)

Dry Lake Fire grows to 10,700 acres

Fire activity increases over the weekend

SILVER CITY - With relative humidity in the single digits, both the Dry Lake Fire and the Moonshine Fire in the Gila National Forest increased in size over the weekend.

The Dry Lake Fire grew to 10,700 acres while the Moonshine Fire is currently at 2,500 acres, the U.S. Forest Service Fire Information Office reported Monday.

"We just didn't see the kind of overnight humidity recovery you would normally expect," said Mike Frary, Operations Section Chief. "The humidity stayed very low throughout the night, giving the fire an opportunity to burn longer.”

Increased fire activity resulted in the closing of two additional trails. Because of its proximity to the Moonshine Fire, the Clayton Springs Trail No. 175 was closed from the junction with the Jerky Mountains Trail No. 164 to the junction with the Middle Fork Gila River Trail No. 157.

Additionally, the Clayton Mesa Trail No. 141 from Cooper Canyon where the trail leaves the bottom of Iron Creek to the junction with the Clayton Springs Trail No. 175 was closed.

Increased fire activity also resulted in additional on-the-ground management actions. In order to slow the Dry Lake fire, helicopter water bucket drops have been initiated on the north and west portions of the fire.

A firefighting crew assigned to the Moonshine Fire is preparing area trails for use as possible fire lines. Expected higher humidity should reduce fire growth on both fires.

Even though activity increased over the weekend, the fires continue to meet resource objectives.

The Moonshine Fire continued to reduce fuels as it backs through the area burned during the 1997 Lilly Fire. The Dry Lake Fire made several uphill runs through brush, reducing fuels and improving wildlife habitat.

The long-term benefits of both fires include minimizing future threats to firefighters and increased opportunities for low intensity fires to play a natural role in wilderness.

A Rocky Mountain Fire Use Team assumed management of the Dry Lake Complex on Monday, relieving the Northern Rockies Fire Use Team that has been managing the fire complex since June 3.

A 24-hour transitional period between the two teams provided a smooth and efficient management transfer. Key objectives continue to be providing for firefighter and public safety, protecting neighboring Threatened and Endangered Species habitat, and protecting wilderness values.

Tom Goheen, Incident Commander for the Rocky Mountain Fire Use Team, is excited about accepting the leadership of the Dry Lake Complex.

"The Gila National Forest has a history of using fire as a management tool," Goheen said. "We're looking forward to working with the local community, Forest Service staff, and neighboring land managers to help achieve resource benefits from this fire complex."

It is important for anyone planning a trip in the Gila Wilderness to check for the latest fire information and closure status with the District Office or the Gila Cliff Dwellings National Monument Visitor Center.

In addition to the areas currently burning, new lightning fires may occur. Precautions when traveling in the vicinity of the fire can include hazards such as erratic fire behavior, rolling rocks or logs, falling snags, and poor visibility due to smoke.

Information numbers include the Wilderness District at (505) 536-2260, Gila Cliff Dwellings National Monument at (505) 536-9461, and Dry Lakes Fire Use Complex at (505) 388-8416.

Visitors can also find information on the Internet at www.fs.fed.us/r3/fire.

The Dry Lake Fire is nine miles southwest of the Gila Cliff Dwellings and 27 miles northwest of Silver City. The Moonshine Fire is three miles south of Snow Lake.

These fires are burning in very steep, remote and brushy country north of the Gila River.

<<<   >>>

(posted 6-17-03)

Fire update for Gila

Five fire use fires

continue burning

SILVER CITY - Five fires continue to be managed as wildland fire use fires for resource benefits in the Gila National Forest, the U.S. Forest Service Fire Information Office reported Monday.

They are the Boiler, located 40 miles northwest of Truth or Consequences; the Ten Cow, 43 miles north of Silver City; the Dry Lake Complex, 27 miles northwest of Silver City; and the Moonshine and Sycamore Fires, which are within the vicinity and the management boundary of the Dry Lake Complex.

The Boiler fire, which started April 17 is about 51,628 acres in size; the Dry Lake Complex, 10,700 acres, with the Moonshine at 2,500 acres; Sycamore is less than one acre; and the Ten Cow, which started on June 6, has grown to just over 13,523 acres.

Conditions have been favorable for managing these fires as wildland fire use projects, which allows fire to resume its natural role in a fire dependent ecosystem.

The Morgan Fire 39 miles north of Silver City on the Black Range District is reported to be 3,861 acres. A confinement strategy is being used on the fire to allow itself to burn out within natural and existing boundaries.

Rough, rugged terrain poses a challenge to firefighting efforts, however, about 30 people have been assigned to the fire. They are working on establishing indirect suppression tactics on the fire to help slow its progression.

The Jaybird Fire, 12 miles north of Silver City, was reported on June 13 and is being investigated as a person-caused fire. The fire grew to 15 acres before firefighters were able contain the fire.

As a precautionary measure, Signal Peak Lookout was evacuated. Retardant drops and quick initial attack by wildland firefighters helped keep the fire size small. The fire was contained by mid-day on Sunday.

A dedicated information phone line has been established for people wanting more information about the Dry Lake Complex and surrounding area activities. 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; or call toll free 1-877-864-6985.

<<<   >>>

(posted 6-17-03)

Southern NM counties to receive

more than $13 million in PILT funds

Sierra County to receive $720,000 plus

U.S. Congressman Steve Pearce, R-NM, said Tuesday that 16 of the 18 counties in his Second Congressional District will share payments totaling $13,511,986 as their part of the federal government's Payment-In-Lieu-of-Taxes (PILT) program for Fiscal Year 2003.

The funds, administered by the Department of the Interior's Bureau of Land Management (BLM), compensates counties for non-taxable Federal lands located within their boundaries.

Otero County will receive the highest payment, a total of $1,790,542 - followed by Eddy County with $1,789,923; Chaves County with $1,619,367; Dona Ana County with $1,611,642; and Grant County with $1,341,575.

Sierra County is expected to receive $723,243.

"These funds are extremely important, often critical, to local communities which depend on PILT payments to support schools, build roads, clean up local water supplies and pay for other vital local services within our communities," Pearce said.

The PILT program is authorized by Congress, which recognized that counties and other local government entities with substantial acreage of federal land could not collect sufficient taxes to provide needed services or were taxing fewer residents at higher rates to provide services.

The BLM administers the PILT program because it is the largest single federal land management agency, with responsibility for over 264 million acres of public land.

Payments are made for BLM administered lands, national forests, parks and wildlife refuges; land used for Federal water projects; and some military installations.

The PILT payments are provided in addition to revenues from oil and gas leases and sales of minerals, timber, and other materials and products derived from public land. These are revenues that the federal government also shares with States.

The Department of the Interior, through the BLM, will distribute PILT payments totaling about $218 million throughout the United States.

Counties in the Second Congressional District will receive the following PILT funds: Bernalillo, $123,346; Catron, $320,469; Chaves, $1,619,367; De Baca, $56,181; Dona Ana, $1,611,642; Eddy, $1,789,923; Grant, $1,341,575; Guadalupe, $80,599; Hidalgo, $430,317; Lea, $568,340; Lincoln, $959,755; Luna, $1,000,582; Otero, $1,790,542; Sierra, $723,243; Valencia, $45,816.

<<<   >>>

(posted 6-17-03)

Rep. Pearce opposes Senators

Domenici & Bingaman on tax credits

House GOP measure effectively

blocks child tax credit & expands debt

WASHINGTON, DC – U.S. Representative Steve Pearce (R-NM) on June 12 opposed New Mexico Senators from both political parties by blocking consideration of the Senate-passed bill to provide immediate child tax credit relief for working and military families.

Unlike the Senate bill, which passed 94 to 2 last week and was fully paid for, Pearce and House Republicans voted for a plan that spends $82 billion from Social Security.

"Instead of playing partisan games in Washington, Rep. Pearce should have followed the bipartisan lead of Senators Domenici and Bingaman by passing immediate tax relief for the families of New Mexico's servicemen and servicewomen who have already sacrificed so much to serve our country," said Democratic Congressional Campaign Committee Chairman Robert T. Matsui (CA).

"Rep. Pearce claims to be a moderate back home, but his vote to delay the child tax credit shows his commitment to his fanatically partisan Republican leaders is stronger than to working and military families in New Mexico," Matsui said.

House Democrats and a handful of Republicans on June 12 tried to take up the Senate legislation, supported by the White House that would expand the child tax credit by $400 for 6.5 million working families. The tax bill enacted last month was especially inadequate for military families and veterans. The bill denied the child credit to 200,000 military families, according to Matsui.

Both of New Mexico's Senators, Republican Pete Domenici and Democrat Jeff Bingaman, voted for the Senate's child tax credit bill. However, instead of allowing that bill to become law almost immediately, Pearce voted with his leaders for a different bill that is unlikely to ever become law.

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(posted 6-17-03)

Domenici ready for Senate

debate on Medicare reform,

prescription drug benefits

240,000 NM seniors

enrolled in Medicare

WASHINGTON, DC - U.S. Senator Pete Domenici said Friday he’s eager for the upcoming Senate debate that could finally give seniors long-awaited help in paying for their prescription drugs.

The Senate on Monday began debate on S.1, the Prescription Drug and Medicare Improvement Act, which would launch a $400 billion prescription drug benefit program and begin reforming the Medicare program.

S.1 also includes provisions to increase Medicare reimbursement levels for rural hospitals, physicians, home health agencies and other care givers, as well as provisions from Domenici's S.375 to increase payments to rural physicians.

"I believe the conditions are right in Congress and in the White House to finally come up with a plan that will provide real and substantive help for seniors as they go to their pharmacies to fill their prescriptions. The Senate bill is designed to cut the out-of-pocket costs for seniors, and at the same time make reforms that will ensure that the Medicare program survives the tidal wave of Baby Boomer retirements," Domenici said.

"I expect the Senate debate to be somewhat contentious, but overall I believe we have a very real chance of passing something that will eventually be enacted," he said.

The bipartisan $400 billion plan, passed by the Senate Finance Committee, fits within the parameters of the program outlined by Domenici several years ago when he was chairman of the Senate Budget Committee.

That framework has been sustained over the years, waiting action by Congress to fill in the details of a prescription drug program.

The Senate committee-passed plan would give seniors an option of receiving Medicare prescription drug benefits through the traditional fee-for-service program or by joining a regional "Medicare Advantage" private-sector preferred provider organization (PPO).

Special assistance would be offered to the lowest-income seniors and the program would begin covering drug costs associated with catastrophic illnesses.

Under the Senate plan, a senior would pay $275 annual deductible and then pay only 50 percent of prescription costs up to $4,500. Seniors would then cover the full costs of their drugs until exceeding a nearly $5,800 threshold, at which point Medicare would cover 90 percent of all drug costs.

In terms of aid to low-income seniors, the Senate bill would cover existing Medicare beneficiaries under 160 percent of the federal poverty level. In New Mexico, that would involve about 70,000 seniors. In all, there are about 238,418 New Mexican seniors enrolled in Medicare.

Domenici's bid to increase Medicare doctor reimbursement is included in provisions that are offset and would not diminish the $400 billion to be made available for prescription drug benefits over the next 10 years.

Senate debate on the plan is expected to last two weeks. For details about the Senate's Medicare Prescription Plan, visit: http://finance.senate.gov/ (legislation).

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(posted 6-17-03)

T or C man charged with raping girl

1999 case left alone

after 2002 reporting

By Bill Johnson of the Desert Journal

A Truth or Consequences man was arraigned Thursday in the Sierra County Magistrate Court on multiple felony charges that he allegedly kidnapped and raped a nine-year-old girl about four years ago.

Charges filed against Charlie Edward Washman Sr., 55, a longtime T or C resident whose last known address was in Las Cruces at 1637 Casita St., include one count each of first degree criminal sexual penetration of a minor, second-degree kidnapping, third-degree intimidation of a witness, fourth-degree false imprisonment, fourth-degree tampering with evidence, misdemeanor enticement of a child, and three counts of third-degree criminal sexual contact of a minor.

District Attorney’s Office investigator Ronny D. Hays leveled the charges on June 2 but an arrest was pending Washman’s return trip from his truck driving activities. Details of his arrest weren’t clear as of press time today, but he was booked into the Sierra County jail on Wednesday where he’s being held on a $350,000 all-cash bond. District Judge Edmund H. Kase III issued the arrest warrant on June 2.

A preliminary hearing for Washman has been set for 2 p.m. Friday, June 20, in the Sierra County Magistrate Court.

Hays said in the affidavit for an arrest warrant that Lt. Priscilla Mullins of the T or C Police Department reported to him on May 2 this year that city police officer Billy Hayes received the initial rape report on June 6 last year, or about three years after the alleged incident.

Mullins said no one followed up on the report but that the allegation resurfaced during a district court hearing in T or C on April 30 this year.

DA’s investigator Hays said in the affidavit that the victim, now 13 years old, underwent a forensic interview on May 9 in Las Cruces. Hays said he witnessed the interview on a television screen in an adjoining room.

Washman, who was in a position of trust, allegedly lured the girl from her grandmother’s home on Ore Street while she and a friend were playing with dolls sometime between late May and before July 4, 1999, according to the affidavit.

During the interview, the girl said Washman first went inside to speak with her grandmother, then came outside to tell her to go with him.

The girl wanted first to put her dolls away and tell her grandmother she was leaving with Washman, but Washman assured her repeatedly that he already got the grandmother’s consent for the girl to go with him, according to the affidavit.

The girl said that as she was getting into Washman’s truck he allegedly touched her buttocks and her upper legs.

After driving around a bit Washman took the girl to a two-story house at 1406 Coal St. in T or C, which he was remodeling for the owner, William Miller, and was allowed to live in during the work, according to the affidavit.

After the truck stopped she began to get out but Washman told her to stop and, “Wait, give me a hug first,” according to the affidavit. She said Washman held her really tight and began moving his hands underneath her shirt and then started rubbing her skin there.

Washman then allegedly began kissing her neck, making her “feel bad.” She said she told him, “I want to go to my grandma’s,” and he told her, “No, no, I’ll show you inside the house, it’s really beautiful.”

After going through the front door into the kitchen area, Washman allegedly told his victim he wanted to show her the upstairs potion and as they went up he began tickling her on her “private area” (groin area) and on her “bootie” (buttocks), according to the affidavit.

The girl told Washman to stop and reiterated her wish to be returned to her grandmother’s but he told her no, then shut the door and said,” You’re not going anywhere,” Hays’ affidavit alleged.

Washman then allegedly cornered her and put her on the floor before pulling down her shorts and panties. She tried to pull her clothes back up and told him “no.” Instead of quitting, Washman grabbed her wrists tightly, putting them behind her back, and told her, “You stop it,” according to the affidavit.

The girl said she started screaming but Washman allegedly covered her mouth with his hand, then held her down by placing one of his legs across her body.

The victim said Washman started rubbing her stomach and private area and then touched her with his hands, penetrating her private area with two or three of his fingers, the affidavit said.

The girl said she felt a sharp pain and as he penetrated her he allegedly told her, “Man, you’re tight.” She said that after Washman was done moving his fingers in and out of her for awhile he pulled them out and she saw blood on them. She said some of the blood dripped on the floor, according to the affidavit.

The girl cried because of the pain and Washman then grabbed her by the hair and told her, “You can clean up right now.” She said she asked, “Why, why?” and he then clenched her shoulders and told her, “If you tell anybody, I’ll throw you in the river and you’ll never see your granny again.” She said he told her that he would kill her, the affidavit alleged.

The victim said Washman took the girl’s shorts and gave her another pair of shorts to wear after the incident, saying, “You put these shorts on and you clean the blood.” She said he gave her a red shop rag to clean up the blood, the affidavit said.

After she cleaned up the blood, Washman told her he was sorry and that he didn’t mean to do what he did to her. She said he started hugging her and told her, “Don’t tell nobody about this, remember it’s our secret.”

After driving her back to her grandmother’s house and letting her out of his truck, Washman told her, “Don’t tell nobody.” She said he just sat in his truck watching her as she walked toward the house.

The investigator’s probe took him and three state police criminal agents to the house where the carnage occurred. Hayes said in the affidavit the house appeared as the girl consistently described it.

According to the grandmother of the girl, she never gave Washman permission to take her away from the house and that she was not aware that he had done so, the affidavit said.

Washman’s secret was kept until the victim told her sister about the incident. The affidavit didn’t say when the victim revealed her story.

But Investigator Hayes said that based on statements and corroborating evidence, he believed there was probable cause for an arrest warrant to be issued on the eight felony and one misdemeanor crimes.

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(posted 6-13-03)

Senator Domenici sees minnow ruling

as serious threat to New Mexico water law

WASHINGTON, DC - U.S. Sen. Pete Domenici expressed "profound dissatisfaction" with the 2-l de cision by a three-judge panel of the l0th Circuit Court of Appeals that "threatens to undo water law throughout New Mexico and much of the rest of the West."

The majority of the panel affirmed the decision reached last year by District Judge James Parker, who ruled that in order to meet the goals of the federal Endangered Species Act (ESA) in regards to the Rio Grande silvery minnow, federal agencies could override state water law and allocate water to the minnow, regardless of impact on other users.

The following is Domenici's statement:

"The decision today by the three-judge panel of the 10th Circuit Court in Denver threatens to undo water law not only in New Mexico, but in much of the rest of the West.

"I am profoundly disappointed in the affirmation by a 2-1 vote of Judge Parker's ruling that the Endangered Species Act can, under certain circumstances, override state water law and the rights of all other users, owners and recipients of water from the Rio Grande.

"I wholeheartedly agree with Judge Kelly's dissenting opinion that this ruling could undo water laws in New Mexico because of ambiguity and lack of certainty. I am studying this decision further and looking at options.

“But based upon my early reading, I urge the city of Albuquerque and other parties to pursue this matter further and vigorously in the courts," Domenici said.

In his dissenting opinion, Judge Paul Kelly wrote:

“Under the court's reasoning the Endangered Species Act, like Frankenstein, despite the good intentions of its creators, has become a monster. The ESA was never meant to allow the federal government, on behalf of the endangered species, to overturn this established precedent.

“The Bureau of Reclamation merely operates the works; it lacks any reserved or acquired water right (let alone priority) that would allow it unilaterally to take and use the water for the sole benefit of an endangered species. [See Nevada v. United States, 463 U.S. 110, 126 (1983)].

“It matters not that reclamation projects are heavily subsidized or viewed as a bad bargain by some; the government is not free to breach those contracts," Judge Kelly said.

Domenici, as the ranking member of the Senate Energy and Water Development Appropriations Subcommittee that funds the Bureau of Reclamation, has been securing millions of dollars in federal funding to promote short- and long-term activities to benefit species and water users along the middle Rio Grande.

On Sept. 19, 2001, U.S. District Court Judge James Parker ordered sustained flows in the Rio Grande for the endangered silvery minnow.

In October last year, the 10th Circuit put the Parker ruling on hold and granted the state of New Mexico's request for an expedited hearing of its formal appeal of the case.

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(posted 6-13-03)

10th Circuit issues

‘monstrous’ ruling,

echoes Rep. Pearce

WASHINGTON, DC - Upon hearing the ruling of the 10th Circuit Court of Appeals on Thursday, U.S. Representative Steve Pearce said he was "disgusted" to hear that the rights given to Americans under the 5^th and 10^th Amendments of the Constitution have been compromised.

"If this decision is not appealed all the way to the Supreme Court, we are allowing the courts and extreme environmentalists to give a minnow more power than the Constitution gave states and private property owners,” Pearce said.

“The minnow is not more important than our families, our land, our communities - or our way of life. However, the extreme environmentalists have chosen minnows over people," Pearce said.

“Judge Paul Kelly's dissenting opinion said it best, ‘The Endangered Species Act, like Frankenstein, despite the good intentions of its creators, has become a monster’,” Pearce added.

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

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 (posted 6-13-03)

Madrid decries 10th Circuit Panel

decision upholding Judge Parker

in the Rio Grande silvery minnow case

AG will appeal

to Supreme Court

if need arises

“I have not had time to fully analyze the opinion but the decision of this 10th Circuit Panel to uphold Judge Parker certainly comes as a disappointment. This case involves one pivotal question: who controls New Mexico's water - New Mexico or the federal government?”

“To me the answer will always be New Mexico,” said Attorney General Patricia Madrid on Thursday.

“While the next step will be to ask the entire 10th Circuit to hear this case, I am prepared to take this case to the United States Supreme Court if needed. It is absolutely vital to New Mexico that we control our water,” Madrid said.

“While this case continues through the judicial system I hope that the Endangered Species Work Group will continue to work to find solutions to improving the health of the river and recovering our endangered species,” she said.

“Water is the lifeblood of this state. We are all dependent upon a very precious and limited resource and we must strike a balance among the competing demands,” the AG said.

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  (posted 6-13-03)

Dry Lake Fire Use Complex results

in the closure of Jerky Mountain Trail

SILVER CITY - The Dry Lake fire use complex in the Gila Wilderness has grown to about 7,800 acres, the Gi la National Forest Fire Information Office reported Thursday.

The complex consists of Dry and Lake fire at 7,000 acres, Moonshine fire at 800 acres and Sycamore fire at less than one acre.

Lightning ignited each of these fires.

On June 7, the Moonshine fire was reported within the Dry Lake fire use management boundary. The Moonshine fire continues to be spotty and spreading slowly in close proximity to the Wilderness trail system.

To provide for public safety, the Jerky Mountain Trail (No. 164) from Turkey Feather Pass to the junction with the Marrs Spring Trail (No. 165) has been closed.

Two other trail closures also remain in effect due to the proximity to the Dry Lake fire. Turkey Creek Trail (No. 155) remains closed from the bottom of Turkey Creek and up Skeleton Ridge to the junction with the Miller Springs Trail (No. 159). The Turkey Creek Trail to the hot springs remains open.

Since the trail through Woodrow and Sycamore Canyon (No. 158) leads to the area where the fire is burning, it also remains closed. Most of the active burning in the Dry Lake fire continues to occur on the west side of the fire moving down Corral Canyon Creek and Hidden Pasture Creek.

The rest of the Dry Lake fire remains relatively inactive.

The Moonshine fire is in the 1997 Lily Fire Use fire boundary and continues to spread slowly. The Dry Lake Fire Complex will probably continue to burn for some time into the future.

It is important for anyone planning a trip in the Gila Wilderness to check for the latest fire information with the District Office or the Gila Cliff Dwellings National Monument Visitor Center.

To insure a safe trip, it's a good idea to get the latest information on fire activity and campfire restrictions before starting. In addition, new lightning fires are likely to occur.

Take precautions when traveling in the vicinity of a fire and be aware of potential hazards such as erratic fire behavior, rolling rocks or logs as well as falling snags.

The information number for the Wilderness District is 505-536-2260, the number for the Gila Cliff Dwellings National Monument is 505-536-9461 and the number for information specifically about the Dry Lakes Fire Use Complex is 505-388-8416.

The Dry Lake fire is nine air miles southwest of the Gila Cliff Dwellings and 27 miles northwest of Silver City.

The Moonshine fire is five miles south of Snow Lake.

These fires are burning in very steep, remote and brushy country north of the Gila River. The Northern Region Fire Use Team led by Dick Rath continues to monitor the fire daily.

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  (posted 6-13-03)

Gila National Forest

fires continue to burn

SILVER CITY - Five fires are being managed as wildland fire use fires for resource benefits in the Gila National Forest, the U.S. Forest Service Fire Information Office reported Thursday.

They are the Boiler, located 40 miles northwest of Truth or Consequences; the Ten Cow, 43 miles north of Silver City; the Dry Lake Complex, 27 miles northwest of Silver City and the Moonshine and Sycamore Fires, which are in the vicinity of the Dry Lake Complex.

Smoke from these fires has been drifting into communities, including the Truth or Consequences area where the odor was strong and haze was thick especially Wednesday morning,

The Boiler fire, which started April 17, is about 51,000 acres in size, the Dry Lake Complex, 7,000 acres, with the Moonshine at 800 acres; Sycamore is less than one acre; and the Ten Cow, which started on June 6, has grown to just over 10,000 acres.

Conditions have been favorable for managing these fires as wildland fire use projects, which allows fire to resume its natural role in a fire dependent ecosystem.

Four additional fires remain active and are in varying stages of control. These fires are being suppressed or confined to specific areas. Three of them are on the Reserve Ranger District, about 20 to 24 miles east of Reserve.

The largest of these fires is the Moraga Fire, at nine acres. The Can fire was controlled on June 10 at 2 acres and the Musick Fire is nearing containment at 6 acres.

The Morgan Fire is 39 miles north of Silver City, on the Black Range District and at last report was at 596 acres. A confinement strategy is being used on the fire to allow itself to burnout within natural and existing boundaries.

The Northern Rockies Fire Use Team led by Dick Rath is overseeing the management of the Dry Lake Complex and Ten Cow wildland fire use fires.

A dedicated information phone line has been established for people wanting more information about the Dry Lakes Complex and surrounding area activities - 505-388-8416.

As the season progresses, other lightning-caused ignitions may become candidates for wildland fire use projects. Decisions for determining management strategies will be made for each fire on a case-by-case basis.

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; or call toll free 1-877-864-6985.

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  (posted 6-13-03)

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