by Jenn Kight

Despite strong public opposition to Penn State’s proposed purchase of Spring Creek Canyon, the university is moving to secure ownership of the land.

Penn State and Benner Township have hired Pittsburgh-based consulting firm Environmental Planning and Design to develop a master plan for the land. The plan will detail the possible uses and future management of the canyon, according to Jennifer Shuey, executive director of Clearwater Conservancy.

But by jumping ahead to discussions of the land’s use, Penn State is deliberately bypassing the contested issue of ownership in order to ultimately assume possession of the land, according to Gary Thornbloom, chairman of the Sierra Club Moshannon Group.

"The average person probably thinks they’re still trying to determine the best owner, when that’s not the case," Thornbloom said.

"Penn State is contributing funds to the master planning activity, making the assumption that the property will be owned by the university, Benner Township and the Fish and Boat Commission," wrote Penn State Vice President of Finance Dan Sieminski in an e-mail to Voices.

Sieminski’s statement conflicted with comments made by Benner Township Board of Supervisors Chairman Dave Breon.

"The study is not going to clear the question of who should own the land, only how the land is managed in the best interest of ecological viability," Breon said.

Though the university is already making plans for how to use the land, Penn State has yet to officially be granted ownership. A bill that would have authorized the transfer of the nearly 1,800 acres to Penn State and Benner Township is delayed in Harrisburg.

Seven local environmental organizations expressed their opposition to Penn State ownership in a letter to state Rep. Babette Josephs (D-Philadelphia), head of the state House Government Committee, who put a temporary stop on the legislation.

Nevertheless, the university and its partners are developing the master plan, in part with funding from the Pa. Department of Conservation and Natural Resources.

"It isn’t atypical for the DCNR to give grants to municipalities to develop master plans having to do with proper land use," Josephs said. "But it is not typical of the DCNR to issue grants when future ownership is undetermined."

The DCNR has promised to provide more than $90,000 in grants to Benner Township to help fund a study as an initial step in producing the master plan. When it comes to the transfer of state-owned lands, only local governments can apply for DCNR grants.

The consulting firm developing the plan will receive a total of $182,000. Penn State and Benner Township will contribute $45,000 each.

Breon said "outside interests" will help the township pay for the master plan. He refused to identify the contributors, saying only that they are "community-minded organizations."

Benner Township requested that Clearwater Conservancy, a nonprofit land trust, help identify and secure funds to pay the firm.

"The master plan should be completed," Shuey said. "We can then plan to add specific language to go into the easement. We feel the land could be transferred after that. We encourage the legislation to sit in the state House Government Committee and not be brought up for discussion until this all transpires."

The Pa. Game Commission, which is also seeking ownership of the canyon, was not invited to contribute funds to the consulting firm, said PGC press secretary Jerry Feaser.

"The whole intent of the DCNR in funding this master plan is to get the land to Penn State," said Ed Perry, coordinator of the Spring Creek Canyon Alliance, which promotes natural preservation of the land.

The alliance, which counts the Moshannon Group among its members, spearheaded a letter-writing campaign to keep the canyon out of Penn State’s control. Letters detailing why the property should be conserved and not transferred to the university were sent to politicians who support Penn State ownership, including Gov. Ed Rendell and state Sen. Jake Corman (R-Bellefonte). A letter was also sent to state Rep. Michael Hanna (D-Lock Haven), who introduced the legislation that would transfer the land to Penn State and Benner Township.

The environmentalists’ arguments are based in part on a 2006 study conducted by the Western Pa. Conservancy. The Spring Creek Valley Ecological Assessment, which was also funded by the DCNR, recommended that the land up for sale be "devoted to conservation use and native forest restoration."

Breon said the SCVEA will be honored in the master plan but called the assessment too general, arguing that it failed to explore whether public access is possible and how best to improve habitats for endangered species. He said a master plan is necessary to address those issues.

"When the DCNR paid the Western Pa. Conservancy to come up with results, they came up with recommendations (Penn State) didn’t like," Perry said.

The PGC has been trying to purchase the land for years. At a Benner Township Board of Supervisors meeting, PGC Commissioner Russ Schleiden offered $1,800 per acre—twice the amount that Penn State offered.

"The problem is that the Game Commission doesn’t want to antagonize the state legislature or to fight Penn State," Thornbloom said. "The agency is woefully underfunded."

Penn State has been lobbying in Harrisburg for Spring Creek Canyon since the Tom Ridge administration. The land is currently owned by Rockview penitentiary, so the university also approached the secretary of state Department of Corrections, according to state Rep. Kerry Benninghoff (R-Bellefonte), who opposes Penn State ownership.

When those options didn’t pan out, the university "decided to wait until another administration would come in more favorable to Penn State’s desires," Benninghoff said.

Under the university’s proposal, Benner Township would receive 400 of the 1,800 acres.

With Penn State and its partners closing in on the land and moving forward with their plans on how to manage it, environmentalists find themselves grappling with the prospect of agricultural development impeding conservation efforts.

Robert Steele, dean of Penn State’s College of Agricultural Sciences, presented the case for Penn State ownership and management at a public meeting on March 24. He said Penn State is interested in pursuing cropping systems for biomass.

"The College of Agricultural Sciences views this property as a unique opportunity because it is a model system of multiple uses to preserve open lands, forest and watersheds in an urbanizing environment," Sieminski said.  

"Go back to Dean Steele’s statement," said Thornbloom, who attended the public meeting. "I believe he used the term ‘industrial agriculture,’ which leaves room for buildings, certainly parking lots and outbuildings for machinery."

"Even if they don’t ever build anything, there’s agricultural runoff and the spray from agricultural use," he said. "Just look at streams in this area that go through agriculturally disturbed lands. They’re running brown with mud after a rain."

In response to such concerns, Shuey said the idea of different types of agriculture scares people.

"What is agriculture anyway?" she asked.

Environmentalists point to cases when the university demonstrated poor stewardship of their lands. They cite the university’s sale of Circleville Farm for development and its manure-spreading practices on Compartment 5 near Toftrees, as reported in the November 2007 issue of Voices.

"In the past, there are examples of Penn State not doing the right thing," Shuey said. "As much as Penn State would have the opportunity to do it wrong, they also have the opportunity to do it right, to have the wherewithal to pull off something really spectacular."

Breon said that by joining Penn State in its bid, Benner Township has an opportunity to gain a precious piece of land.

"If it means Penn State acquires other lands, we don’t see that as being an issue," he said. "And that may be naivety on our part."