Stuck in the middle

I'm not talking about 'federalization' of minimum wage and immigration control. To me at least, that's been inevitable for a long, long time. All of this noise about whether it 'should' happen is just a distraction (That's still not the best word, but it's better than demagoguery). In the end, like a small animal chasing its tail, you end up in the same place.

No. It's here, and where do we go from here?

Oversimplifying (my specialty), I've read and seen that there are too many 'guest workers'. There likely won't be enough when the CW* workers are phased out in five years.

Boonie Workers

The idea of CNMI-only H-2 workers has been floated. What would that accomplish? The CNMI, and Guam, are not subject to the quota: we can hire as many H-2 workers as we need. There's the rub; the H-2 classification is for skilled workers, while the Commonwealth will probably be short of semi-skilled workers. That proposal sounds like misdirection; an attempt to squeeze CW skills into the H-2 rules. Better we use something like, say, BW (boonie worker).

Any system that attempts to fill permanent positions with an underclass of temporary workers will be abused, and it doesn't matter whether it is administered locally or federally.

The shining path

Guest workers and their advocates argue that the solution is residency and a pathway to citizenship. They also say it is only fair to people who have worked and lived here for 10, 20 or more years.

Some opponents argue that they will be overwhelmed by the sheer number of aliens, losing control. That's already happened, except politically, but we'll set that aside.

Others like the BW system. "What if these people get status and then run to Guam?" they ask.

So here I am, stuck in the middle. Yes, citizenship, out of fairness and equity (though, despite the urban legends, you knew the rules). Yes, don't dilute the culture (but where were you 20 years ago?). Yes, there might not be enough workers when the transition ends (why, after all of these years, aren't our wages closer to Guam's?).

Just the facts, ma'am

Jack Webb got it right, but there aren't many facts to go by. That's another chase-your-own-tail blame game. The economy will change during the transition. How much, and in what ways is anybody's guess.

So far, the U.S. Citizenship and Immigration Services people have been asking for help in getting from here to there. Some see that as a failing on their part. I don't. Rather it's something refreshing, coming as it does from the federal government.

Of course, the Secretary of the Interior is supposed to come out with a report by May 8, 2010 including "the number of aliens in the CNMI, their legal status, the length of the aliens’ stays in the CNMI, the CNMI economy’s need for foreign workers, and recommendations, if deemed appropriate, whether or not legal foreign workers in the CNMI on May 8, 2008, should be able to apply for long-term status under United States law."

Not so fast, Acting Deputy Assistant Secretary of the Interior Nikolao I. Pula testified in May. He asked for another year, arguing that there wasn't enough time to see the trends with DHS delaying its takeover for 180 days.

Here we go again.

* The CW, or unskilled CNMI-only, category is on hold until Immigration goes back and issues its regulations following the Administrative Procedures Act.

Bidding adieu

A Utah man is facing jail time for bidding on oil and gas land he couldn't and wouldn't develop.

Tim DeChristopher is arguing that it's okay to disrupt a fire sale if it's the result of arson-- or something like that.

He's facing federal charges of interfering with an auction and making false statements on bidding forms for taking part in a December Bureau of Land Management auction, one of many regulatory and policy environmental caltrops dropped by former President George Bush on his way out the door.

Degrees of Separation That's one version of a caltrop in the photo. It's an ancient landmine that's still used today; note that one spike always points upward. My fevered brain fixed on the analogy because the article title "Legal Cost for Throwing a Monkey Wrench" reminded me Edward Albee's Monkey Wrench Gang. They used them, fictionally. (Oh, I highly recommend the book and the author, though I prefer what they're doing along the Klamath River to blowing up dams.)

A temporary injunction held up 77 of the 116 parcels in January, and new Secretary of the Interior Ken Salazar withdrew those parcels from consideration in February, according to an Oct. 7, 2009 BLM report (pdf). That report recommends a handful for leasing, a handful for withdrawal from leasing and that action on the majority be deferred.

The report probably led to the New York Times article in which DeChristopher's supporters reportedly claim his actions had a role in the judicial and administrative actions. That argument lines up with his lawyer's attempt to assert a "necessity defense". That's kind of a lesser of two evils thing; the article cites the example of breaking into a cabin when you're lost in the woods. It doesn't impress most judges.

"My intention was to cause as much of a disruption to the auction as I could," DeChristopher is quoted as saying. "Making that decision — that keeping the oil in the ground was worth going to prison — that was the decision I made."

To which I would respond: "Be careful what you ask for."

No, Utah isn't in the Ninth Circuit. I thought not, but checked anyway because that would be a wild card.

Are scientists an endangered species?

The lame duck Bush administration is trying an end-run around the Endangered Species Act as a parting shot.

Its twisted logic? Federal agencies should decide whether projects affect endangered plants or animals before having scientists determine whether they affect those species.

The Department of Interior press release is a smokescreen to me, with code words and a lot of spin but not much information about the actual rule. I tried to look up the proposed regulation, but the process is not exactly intuitive. The closest I came was this proposal for the Department of Agriculture's Forest Service. It includes the following line, which I think was paraphrased pretty well in my second paragraph:

Do not apply guidance contained in this chapter (FSM 2670) that pertains to conducting a biological assessment unless the LMP, amendment, or revision may have an effect on threatened or endangered species or is likely to jeopardize the continued existence of a proposed species, or will result in the destruction or adverse modification of designated or proposed critical habitat (FSM 2670.31).

I couldn't find a DOI proposal, but this seems to be what the press release is talking about.

'Snail darter' critics have been after the ESA for oh, about 35 years. Now it looks like they've found their champions. Changes may be needed, but that's why we've got a Congress. Gutting it backdoor through regulations is wrong... and typical of this administration.

MSNBC has a pretty good story, more balanced and easier to follow than the press release. According to them, scientists had little role in the rule change either:

The proposal was drafted largely by attorneys in the general counsel's offices of the Commerce Department's National Oceanic and Atmospheric Administration and the Interior Department, according to a source with the National Marine Fisheries Service. The two agencies' experts were not consulted until last week, the official said.

That shouldn't surprise anyone who remembers scientific reports from the Environmental Protection Agency being edited by political hacks in the White House.


Monument in his own mind

Also not surprising is that this "Ocean President" seems to have forgotten Hawaii's Papahanaumokuakea Marine National Monument once it was created. MSNBC is also reporting that funds to clean up plastic and other debris have been cut drastically: Debris soils Bush vow to protect Hawaii islands.

Hey, but on the bright side, DOI has recruited the Little Mermaid to warn kids about dropping trash in the water.

Thirty days until the rule takes effect; six months until we get a President who gives a damn about the environment.

Half of what?

This is what I hate about stories based on unreleased reports.

Dick Pierce, the Governor's elfin trade adviser, apparently leaked parts of the draft Government Accountability Office report and a Department of Interior funded economic report on federalization effects to the Saipan Tribune.

Nothing wrong with that, you might say. We all want to know how federalized labor and immigration might affect us. Yeah, but. What assumptions are made in both reports? Are the prospects as bleak as painted and planted? Gov. Benigno R. Fitial cited a 50 percent decline in Gross Domestic Product in his Sue You speech and Pierce dutifully repeated that "Our economy would be cut in half." Half of what? Our now threadbare garment economy? The Japan Airline years?

Spin cycle

The spin doctor is in. These reports are being used to justify the Governor's quixotic quest for legal action. It's hard to argue against them if they're State Secrets.

They may be right. I don't know. How can I? What I see now is a parade of locals and non-residents asking for work. That parade is very likely to stop in a year or two. For now, Shell, Mobil, CUC and the shipping companies are driving businesses into the ground. It's not the threat of federalized immigration or the $4.05 minimum wage.

Looking Interior

Just for fun, and to keep you fans up to date, here's one about the U.S. Department of the Interior: Casino Battle Rages in Congress.

OK, they're just one of the players, but I love the quote. I'll Cliff Note the article for those of you who don't want to wade through it.

Some Indian tribes are trying to get land, prime land near Detroit and the Canadian border to settle some old claims. Land for casinos, which would affect other casinos. A classic, with greed, lobbying, political influence and power. Always power. That about covers it.

And DOI? From the article: "The Interior Department opposes the legislation because if Congress acts, the agency would not be able to assess the impact of the land-claim settlement on the environment or on other tribes. It also would circumvent the department's role in reviewing gambling compacts between tribes and the states."

The quote? "It may provide a road map for others to follow," Carl Artman, assistant interior secretary for Indian affairs, told the committee.

I guess those tribes just aren't ready to govern themselves.