Page 26 - Flathead Beacon // 12.9.15

LIKE I WAS SAYING 28 DRAWING BOARD 29 Viewpoints
LETTERS
Water Compact Will Have No Impact on Recreation
In his recent letter (“Question to Sup- porters of the Water Compact”), Jerry O’Neil does an excellent job grandstand- ing and propagating misinformation. Mr. O’Neil calls on the bipartisan lead- ers from across the state who supported the Confederated Salish and Kootenai Tribes Water Compact to explain the rights of the Tribe in relation to govern- ing recreational activity on waterways that they would, if the compact is rati- ed, share ownership of with Montana Fish, Wildlife, and Parks (MFWP).
The answer to this is simply: the com- pact has nothing to do with, and has no impact on, recreational activity. Period.
Under the compact, as approved by the Montana Legislature and signed by Gov. Steve Bullock, the Confeder- ated Salish and Kootenai Tribes would co-own certain waterways with Mon- tana Fish, Wildlife, and Parks, but the management of said waterways would remain under the control of FWP, therefore there will be no change from the status quo in this regard. While Mr. O’Neil’s letter tries to paint a picture of the CSKT as somehow being able to uni- laterally make decisions on the compact, this inaccurate insinuation couldn’t be further from the truth.
The compact deals with de ning the federally reserved rights of the CSKT and providing clarity in terms of water right ownership and use. It is a negoti- ated agreement and includes provisions to make sure that all Montana water users bene t. Those who supported the compact – Bullock, Attorney General Tim Fox, state Sen. Chas Vincent, and state Rep. Zac Perry – have done their due diligence and worked across party lines to pass the compact for the bene t of all Montanans.
It is unfortunate that rather than simply positing his question, Mr. O’Neil seems more intent on criticizing those who are working across party lines to get things done in our state.
Mary Stranahan Arlee
Follow the Golden Rule
The terrorists’ carnage in France has many of us condemning them for their insane views and actions and our gov- ernment vows to destroy them. Seems they feel the same way about us and use our ideals and actions to justify their atrocities. Fortunately, long ago Christ gave us a simple test to determine who is on the right track. The Golden Rule
supports the Western lifestyle, which has made great progress in treating others as we’d like to be treated. But it also condemns our approach to con- fronting the terrorists. How short- sighted to believe we can blow them all away. Instead, we must nd a way past the fear and hatred and develop a solu- tion Christ would condone. A viral video and viral letter inspired by the attacks in France are a great start and we’ll see many more acts of personal courage from many bullet-free fronts before ter- rorism fades into history.
Lyle Olsen Eureka
Federal Inaction Creates Problems for Rail Safety
Federal power grabs have been quite common in the past several decades, with the end result in most cases being sloppy policy outcomes that states are left to clean up. Too often the conse- quence of the federal government seiz- ing traditional state authority is a reg- ulatory landscape that is at-out dan- gerous. Such is the case with railroad safety.
Rail safety has come back into pol- icymakers’ focus in a big way, and it is only natural that legislators, edito- rial boards, and others are asking who in state government is responsible for safety. The unfortunate reality is: no one. If, for example, you’re concerned about the regulated speed and types of cars required to haul Bakken crude, you’ll need to call the Federal Railroad Administration (FRA) in Washing- ton, D.C. Congress and the courts have essentially stripped the states of all jurisdiction in these areas.
When analyzing rail safety programs across the United States, it’s import- ant to note that the responsibility for inspection of tracks and equipment did, at one time, reside at the state level. In fact, the Montana Public Service Com- mission was originally established as the Board of Railroad Commissioners, charged with enforcing both economic and safety regulations related to rail- roads. However, those days are long gone, and PSC legal e orts to recover lost authority have been unsuccessful.
With a series of laws passed by Con- gress, the traditional rail safety func- tions have been consolidated at the federal level, enforced primarily by the FRA, and the inspectors they employ across the country. The states’ role is entirely “optional”, and has been reduced to little more than functioning as deputies for the FRA, with almost no federal funding. In other words, the
states can choose to enforce federal laws, but they must do so on their own dime.
A recent analysis conducted by the state Legislative Audit Division took the position that the state of Montana isn’t enforcing federal law as much as it could in the all-important area of rail safety. The audit concluded that, with the increased transportation of oil by rail in recent years, owing, in part, to failed e orts at increased pipeline capacity, it is becoming essential that policymakers nd ways to further reduce the poten- tial for tragic accidents, a goal that the Montana Public Service Commission fully embraces.
Ironically, while the Legislative Audit Division suggests that the PSC hire more rail safety inspectors, the Legislature recently cut 1.5 positions out of the PSC’s budget during the last legislative session.
Although some would like to claim that the PSC’s lack of resources to enforce federal rail safety regulations is “passing the buck,” that is simply not the case. While private rail companies like BNSF Railway, Montana Rail Link, and Union Paci c perform weekly inspec- tions of tracks and equipment, the PSC believes that it is important to have an independent group of inspectors to ensure the highest degree of safety pos- sible. That is why we have participated in the federal government’s optional rail safety program since 1999, employ- ing twice as many inspectors as North Dakota, which only recently entered the program, drawing high praise for hiring their one inspector.
Make no mistake, we at the PSC are anxious to increase our role in rail safety enforcement if the legislature sees t to provide us with the dollars to do so. Either that, or legislators should tell us who among our amazingly dedi- cated sta we should terminate to make room for the new inspectors who we currently cannot pay.
Roger Koopman Public Service Commisssioner, Bozeman
CORRECTION
A story in the Dec. 2 Beacon, “New Recommended Wilderness Sites in the Kootenai National Forest Closed to Over-Snow Vehicle Usage,” incorrectly reported the number of acres of land that received recommended wilder- ness status in the January 2015 Record of Decision. The number is 42,200, not 423,400.
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DECEMBER 9, 2015 // FLATHEADBEACON.COM
LETTERS
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