This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Last week a handful of armed men hunkered down in snow on a wildlife refuge in Oregon and demanded that federal land be returned to the people. Some of these were gun-toting sons of a Nevada rancher who, in 2014, refused to pay federal grazing fees. Some illegally rode ATVs with convicted San Juan County Commissioner Phil Lyman into an archaeologically rich canyon that was closed to motorized vehicles. These men perceive themselves patriots. Others called them terrorists.
Their goals were in line with those of Utah legislators.
State Rep. Ken Ivory is chairman of the American Lands Council (ALC), a nonprofit organization he formed to get public lands for the states. He sponsored the Transfer of Public Lands Act that passed in 2012. The Legislature formed the Commission for the Stewardship of Public Lands (CSPL), which paid Louisiana lawyers $500,000 to assess Utah's chances of gaining ownership of federal lands in Utah. In early December, outside lawyers suggested Utah spend another $14 million to sue the feds. They're proceeding with a case that Utah has little or no chance of winning.
From 1862 to 1976, the federal government tried to give the land Utah wants to take to individuals through various homestead acts. But much of the land is unsuitable for crop agriculture. Rangelands have naturally low carrying capacity. Pioneers settled on land that had water. The surrounding land was used in common. As the commons deteriorated, the U. S. Forest Service and the Bureau of Land Management were created to manage and improve public lands.
The Federal Land Policy and Management Act of 1976 states, "The Congress declares that it is the policy of the United States that the public lands be retained in federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest."
The ownership of public lands is clear. We the people of the United States own them, hire employees to manage them, pay for their upkeep and take pride in our national asset.
The Utah population just passed 3 million people. The U. S. population is about 310 million. We Utahns make up less than 1 percent of Americans. Almost all the taxes used to manage the lands come from outside Utah. Some of the other 99 percent of land co-owners come to view the scenery, ski, fish, hunt and spend a few days enjoying what we do every day. They spend almost $8 billion a year in our local businesses and leave $1 billion in taxes with us each year.
Our co-owners visit our public lands for a week or so. We get to use them year round. Most Utahns understand the good deal we have. There is no public outcry to take the land of other Americans. It's hard to understand why armed westerners sit in the snow and threaten to take our the public lands. Or why our Legislature wants to spend $14 million on a lawsuit that has about the same chance of winning as a snowball in hell. Maybe they envision a future of using Ephedra nevadensis to replace Cannibus sativa.
Thad Box is professor emeritus in the Quinney College of Natural Resources at Utah State University, serving as dean of the college from 1970 to 1990.