McCain Seeks Explanation From USDA On Snowbowl Delay

Press Release

U.S. Senator John McCain (R-AZ) joined Republican Whip Senator Jon Kyl (R-AZ) and Congresswoman Ann Kirkpatrick (D-AZ) in issuing a second letter to the Secretary of the Department of Agriculture, Tom Vilsack, regarding the Forest Service's delay in moving forward with Arizona Snowbowl's facility improvements:

"We are writing to request a meeting to discuss the implementation of the May 2005 Record of Decision (ROD) issued by the Forest Service for the Arizona Snowbowl Facilities Improvement Project (‘the Project').

"You may recall that on June 26, 2009, we wrote to you asking for a status report and timeline for implementing the ROD for the Project. Instead of a substantive reply, we received a letter from Deputy Secretary Kathleen Merrigan that failed to provide the requested information and leaves the unmistakable impression that the Department has no plan to release a Notice to Proceed.

"As you know, a Record of Decision is a final agency action that's subject to judicial review. The ROD for Arizona Snowbowl was successfully upheld by the Ninth Circuit Court of Appeals, and a petition for a writ of certiorari to the U.S. Supreme Court was subsequently denied. The Justice Department has devoted considerable taxpayer resources defending Forest Service actions in Navajo Nation v. Forest Service (Docket No. 08-846). Arizona Snowbowl has spent an estimated $5 million over the past 8 years working through Forest Service procedures and the legal and administrative appeals process. Nevertheless, it appears that the Department is seeking to indefinitely delay or outright cancel the ROD, which would be disastrous for Arizona Snowbowl and would establish sweeping precedence for all other permittees on Federal lands who pursue the administrative process for project approvals.

"The Administration's continued reluctance to implement the ROD is perplexing and necessitates a briefing on the Project at the earliest possible date."

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