Thursday, February 6, 2014

Reprint Paradise Lost? Part Six: Gold Mine in the Desert Sands

Gold Mine in the Desert Sands

Beginning in 1994, and culminating in 2000, a supposedly altruistic legislative process turned desert sand into gold. This magical miracle was credited mainly to California’s U. S. Senator Dianne Feinstein; and the corporation that owned the sand was Catellus Development, in which Feinstein’s husband, Richard C. Blum, held a serious interest.

Catellus was then the second-largest private landholder in the western United States, with 817,000 acres in California alone. The company developed commercial real estate, shopping centers, and housing. It also acquired a number of properties on some defunct military bases during the Clinton administration’s base closure program. Catellus had also been active in a number of land swaps, exchanging profitless rural properties with the Federal Bureau of Land Management for prime development sites within urban areas, or directly adjacent to planned freeways.

Catellus was one of the most politically-wired development companies in the state, with significant ties to Feinstein, former San Francisco Mayor Willie Brown (first a Catellus attorney, then a limited partner in the firm), former California State Senate President Pro Tem John Burton (another ex-Catellus attorney), and John Foran, who lobbied for Catellus in favor of the Mission Bay legislation carried by Burton in 1997.

In a 1997 article published in Forbes Magazine, writer Mary Beth Grover put it this way: “With real estate, politics matters a lot, almost as much as location. In California real estate, politics is the most important thing [and] aside from sheer corruption there are a number of ways to appease these little gods. Catellus knows the game well.”

Catellus Corporation and its officers, including former CEO Nelson Rising, were significant contributors to the political war chests of both Willie Brown and Dianne Feinstein. The campaign contributions proved to be a sound investment for Catellus, especially in regard to Senator Feinstein’s sponsorship of the Desert Wildlands Protection Act of 1994. The act was funded with additional legislation sponsored by Senator Feinstein, with $30 million in federal funds provided for the project in the 2000, 2001 and 2002 federal budgets. The Senator is very proud of this project, and lists it as one of her prime accomplishments on her official Congressional website.

This bill involved the transfer of over 400,000 acres in the Mojave Desert from Catellus to the Bureau of Land Management. The area became a nature preserve for endangered species, especially the desert tortoise.
On her Senate website under the heading “Accomplishments”, Senator Feinstein outlined this act as follows: “The California Desert Protection Act protected more than 7 million acres of pristine California desert. It was the largest such designation in the history of the continental United States – and established the Death Valley and Joshua Tree National Parks and the East Mojave Natural Preserve.

“The California Desert is home to remarkable archaeology, beauty and wildlife – some of the last remaining dinosaur tracks, Native American petroglyphs, abundant spring wildflowers, and threatened species including the bighorn sheep and the desert tortoise, an animal known to live for as many as 100 years. The California Desert Protection Act ensured that these lands would be preserved for years to come.”

Then Senator Feinstein listed the specifics of her legislation.
“Specifically, the Act:
• Designated nearly 3.5 million acres of desert administered by the Bureau of Land Management (BLM) as wilderness.
• Added 1.2 million acres of land to Death Valley National Monument and re-designated the monument a national park.
• Added 234,000 acres of land to Joshua Tree National Monument and re-designated the area a national park.
• Established a new 1.6 million acre Mojave National Preserve.
• Transferred 20,500 acres of BLM land to the state of California to expand the Red Rock Canyon State Park.

“Since 2000 the wilderness area has been expanded even further with the purchase of nearly 600,000 acres of land primarily in and around the Mojave National Preserve. The transaction, the largest conservation acquisition of private lands in U.S. history, combined federal Land and Water Conservation Fund appropriations with funding from the Wildlands Conservancy to buy discounted land owned by the Catellus Development Corporation.”

In a press release put out by Senator Feinstein’s office, Catellus’ CEO Nelson Rising gave a major shout-out to Feinstein for the deal: “The successful completion of these transactions would not have been possible without the significant efforts of Senator Dianne Feinstein.” Rising then went on to credit David Myers and the Wildlands Conservancy for raising “…the private funds necessary to complete these sales.”

Not everyone is as thrilled with Feinstein’s land-swap acumen as Nelson Rising.

Jeff Baird works as a computer programmer for the County of San Bernardino. He’s married with two daughters and lives in the high-desert community of Apple Valley, where the land exchanges occurred.

Baird told me what he thought about Catellus. “I believe that a number of these non-profit groups like The Wildlands Conservancy are masquerading under the cloak of “environmentalism. I believe that these environmental groups are being used as vehicles to initiate a series of land purchases and swaps that will ultimately benefit Catellus Corporation and their friends—all at the expense of John Q. Public.”

“These were all public lands; at least those that weren’t privately owned, “ Baird told me. “The private lands were these small ranching operations. The public lands were where people used to go out shooting or ride horses or drive their ATV’s. Then, suddenly, the public lands became private holdings, and they’re going to create this massive new park. Then they start throwing the ranchers off their lands. The whole thing stunk as far as I was concerned. And this was for an “endangered” species, the desert tortoise? Come on, there’s thousands of desert tortoises all over the place out there. They’re not that endangered.

“All of these environmentally related issues appear to be a smokescreen to give this public land away to big private developers,” said Baird. He too believes that, in a sweetheart deal, Catellus gave up essentially worthless desert tracts for lucrative freeway properties. Baird thinks there is also a connection between Catellus Development and The Wildlands Conservancy, which constitutes a direct conflict of interest. The Wildlands Conservancy did not come into being until September 1995, after Senator Feinstein introduced the first desert protection bill, which initially named Catellus specifically. 

Later, Clinton’s Secretary of the Interior Bruce Babbit persuaded her to delete the direct reference. How often is an environmental group created to join a bandwagon driven by a U.S. senator? Talk about the cart pulling the horse!
Baird also said he feared “…that the resulting values of ostensibly appreciated land when they were exchanged were inconsistent with the underlying land values of these properties as determined by the county assessor.” Baird looked at scores of parcels related to the desert exchanges, and saw that the assessed values of the desert land increased sharply after being transferred to the Wildlands Conservancy; as high as 300% in some cases. 
This yielded huge potential tax benefits to private donors who gave their properties to the Wildlands group as part of the exchanges.

This inflated value estimate also allowed the swap for more valuable land alongside freeways to proceed, because the transfers could then be classified as “fair market value,” specified as part of the BLM’s codes involving land exchanges. “These guys can take a huge tax write-off, because they would be giving up land that was artificially inflated by what I believe was a corrupt process.”

Baird also believes that some of the deals involved public lands that had been illegally transferred to private ownership by the BLM. Baird showed me a series of parcels with map overlays that seemed to establish his contention that the parcels were in fact public lands until just recently.

In a May 1997 issue of Media ByPass magazine, Karen Lee Bixman explored an area of the land swap that made some of Baird’s concerns seem timid by comparison. In a story titled “The Great Gold Heist: The Desert Wilderness Protection Act,” Bixman characterized Senator Dianne Feinstein as “The Modern Jesse James.” Exchanging worthless desert land for more viable commercial land alongside interchanges, as Jeff Baird’s file documented, is bad public policy, but Catellus was also swapping worthless land for rich, gold-bearing deposits.

Bixman wrote: “The real motivation for the passage of [the Feinstein] bill lies with the special interest groups that would benefit monetarily. Through a complex series of land exchanges, Catellus will receive land that contains some of the richest gold deposits in the world.”

Part of the Catellus exchanges in the Mojave included a swap for a decommissioned military base called Chocolate Mountain. Bixman wrote that geologists told her Chocolate Mountain has deposits worth somewhere between $40-100 billion. Catellus owns the nearby Mesquite mine in the Chocolate Rift zone, which, Bixman wrote, “is one of the ten most profitable mines in the United States and has some of the most profitable gold deposits of any mine in the world.”

In the company’s annual report for the year 2000, Catellus’ CEO Nelson Rising in his letter “To Our Shareholders” wrote: “In 2000 we closed on two sales totaling more than 405,000 acres of desert lands. We also entered into an option agreement with The Wildlands Conservancy to sell an additional 277,000 acres of desert land… These transactions have generated more than $320 million in sales proceeds.”

The year-end report for Catellus in 2000 credited Senator Dianne Feinstein for the Desert Wildlands bill and said: Catellus’ fortunes were “directly affected by cash derived from the sales of these surplus lands.” That annual report also listed the fact that CALPERS, the California Public Employees Retirement System, was the largest institutional investor in Catellus Development, then owning some 28% of the 100,000,000 shares of stock. The same report mentioned that Catellus was issuing 150,000,000 new shares of stock, which at the end of the year 2000, when Catellus was trading for $28 a share, were worth a total of approximately $4.4 billion.

Rising also wrote: “As a result of all of these factors, we are very positive about our prospects for 2001 and believe we will meet or exceed our 2001 EBDDT per share growth goal of 15%.”

In the official document on the California Desert Protection Act, the overview of the project states in the first paragraph: “The United States Senate Committee on Energy and Natural Resources approved, on October 5, 1993, the California Desert Protection Act (S21) sponsored by Senator Dianne Feinstein after the bill was blocked in committee for seven years.” The document then states that the Feinstein bill “protects all active mines and valid mineral claims which will protect jobs (bold letters in original) in the region.”

With the profits derived from the new stock issuances and the overnight increase in land valuations, Feinstein’s legislative Rumpelstiltskin act helped Catellus turn a huge profit in 2000. The closest I can determine, Catellus made from $11 to $15 billion during the Desert Wildlands process. And Richard C. Blum had a very good year.

Who knew environmental protection could prove so profitable?

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