SALT LAKE CITY, Utah, Aug. 20, 2024 (Gephardt Daily) — Utah officials have filed a public lands lawsuit asking the U.S. Supreme Court to rule on whether the federal government can hold unappropriated lands within a state indefinitely.
The “unappropriated” land in question is approximately 18.5 million acres in Utah controlled by the Bureau of Land Management (BLM) under the Federal Land Policy and Management Act (FLPMA), says a news release issued by the office of Gov. Spencer Cox.
The news release says this lawsuit will not impact the millions of “appropriated” acres already designated as national parks, national monuments, wilderness areas, national forests, Tribal lands, or military properties (see map).
The federal government currently controls nearly 70% of the land in Utah. In comparison, the federal government owns less than 1% of the land in Connecticut, New York, and Rhode Island, and less than 3% of the land in Delaware, Maine, Massachusetts, Ohio, and Pennsylvania, the news release says.
“It is not a secret that we live in the most beautiful state in the nation,” Cox said. “But, when the federal government controls two-thirds of Utah, we are extremely limited in what we can do to actively manage and protect our natural resources. We are committed to ensuring that Utahns of all ages and abilities have access to public lands. The BLM has increasingly failed to keep these lands accessible and appears to be pursuing a course of active closure and restriction. It is time for all Utahns to stand for our land.”
National parks, forests and other congressionally designated areas add to the beauty and economy of Utah while promoting many forms of recreation and the overall well-being of residents and visitors. But, they also represent only half of all federally controlled land in Utah, the statement says.
The other half, about 34% of the total state territory, is unappropriated land that the U.S. government is simply holding, without formally reserving it for any designated purpose, the news release says, adding that “As a result, Utah is deprived of a significant measure of sovereignty compared to other states. The federal government has a formal policy, enshrined in FLPMA, of indefinitely retaining these lands, regardless of whether it needs them for any governmental purpose or how doing so impacts the interests of the state and its citizens.
Cox and Utah Attorney General Sean Reyes were among those talking about the lawsuit at a Tuesday morning news conference. To see the news conference recording, visit Cox’s Facebook post, and scroll about 5 minutes in.
“Today, we filed a historic lawsuit asking the U.S. Supreme Court to address whether the federal government can simply hold unappropriated lands within a state indefinitely,” Reyes said. “Nothing in the text of the Constitution authorizes such an inequitable practice. In fact, the Framers of the Constitution carefully limited federal power to hold land within states.
“Current federal land policy violates state sovereignty and offends the original and most fundamental notions of federalism,” said Attorney General Sean D. Reyes.
For more information on Utah’s public lands lawsuit, visit standforourland.utah.gov.
