Utah Lawmakers Getting Serious About Wresting Control of Public Lands from Feds

Utah House Republicans are going to get serious about taking back federal lands in the state.

And with the move we may be seeing a “stepping out” of a group of House Republicans under the leadership of Majority Leader Brad Dee, R-Washington Terrace.

In the first official caucus meeting of the 2014 Legislature, Dee lead a discussion Tuesdayaimed at “collating” and “combining” a number of bills this session that deal with the state’s attempt to take control of millions of acres of land now owned and managed by the federal government.

These include Bureau of Land Management parcels, national parks and national forests.

“We are a public land state,” said Rep. Mike Noel, R-Kanab, a long-time fighter against the BLM.

“And we are going to remain a public land state. The question is whether (the state) manages the land or a federal bureaucracy that’s doing a lousy job of it,” shouted Noel to the pounding of tables and encouraging laughter of his fellow Republicans.

For several years the GOP-controlled Legislature has formed study committees, passed laws and even provided millions of dollars in funding to take on the feds over land ownership in Utah.

Like many western states, when Utah joined the Union its enabling act set aside millions of acres of land, which Congress said would be returned to the state over time.

Well, very little of the land has been returned.

We’ve seen the Sage Brush Rebellion, the Western Coalition, and the Apple Initiative – all attempts by Utah legislators and governors, along with other Western state leaders – to make some headway in the states getting back some of that federal land.

Currently, around 67 percent of all land in Utah is under federal control, most of it with BLM managers calling the shots.

Recent Legislatures have passed bills and resolutions aimed at taking the fight to the feds, most likely via the courts.

But there’s little to be seen in concrete results.

And what has been termed as a critical court challenge over Utah’s enabling act has not yet been filed.

Worse, Democrats and others have been able to paint the Legislature with a “for sale” sign above the Capitol, should conservative legislators ultimately get control of those federal lands.

Dee and others Wednesday admitted that part of their challenge is public relations.

“Stewardship” is a Mormon catchphrase – as LDS leaders often speak of how the Lord expects faithful members to have proper stewardship over the lands and animals He provides for their use.

And lawmakers need to pass laws, and set up procedures, whereby Utah citizens will see that legislators will be good stewards of federal land, after it is given back to state control, several caucus members said.

“We have to show not only that we’ve planned well to have a spare tire,” said Rep. Eric Hutchings, R-Kearns, “but that we know how to use it. (Citizens) have to be shown the spare, touch it,” and come to believe that it will work as it should after it moves from federal control to state control.

In other words, GOP lawmakers have to educate citizens, too many of whom in the state think that if via the courts Utah gets control of sage brush to red-rock arches, state assets won’t be sold off to the highest bidder – Golden Arches instead of Delicate Arches.

So, under Dee’s direction a group of “eight or 10” GOP House members will start meeting, winnow through bills now being drafted or already introduced, and come up with several that will be brought back to the House GOP caucus for discussion and approval.

There are billions of dollars potentially out in those federal lands, in either land sales, mineral development, tourism, hunting, grazing and other opportunities.

No national parks will ever be sold; and under reasonable state guidelines wilderness protection can move forward without the stagnation seen under federal control over these past 50 years, House Republicans said.

With those bills will come some money – for the feds will only know that Utah is serious if there are funds to fight them – in Congress or in the courts.

“No matter what happens, we will be in court,” said House Majority Whip Greg Hughes, R-Draper.

Ironically, since Utah’s legislators can have “protected” – really secret – bills drafted by staff attorneys, Rep. Kevin Stratton, R-Orem, the caucus point man on this issue, asked that any Republicans with a secret public lands bill please come forward so its ideas can be incorporated into the final products.

Dee and others said time and again that what matters now is that the 61-member House GOP caucus stands united.

And for now, that’s possible.

But it’s interesting that Dee’s efforts – besides being exactly what they seem, an attempt to “move the public land ball down the field,” – may also set the stage for a run for the speakership after the November elections.

House Speaker Becky Lockhart, R-Provo, is retiring.

Dee says he wants that job.

But most likely Dee will be challenged by one or two other GOP hopefuls.

If Dee can organize a united Republican caucus and make headway in the important – and conservatively-popular -- fight over public land control, then that successful act could show caucus colleagues he should be the next speaker.

It’s also interesting that Stratton is from Utah County – which has proven to be a power base for Lockhart and a formidable voting bloc in recent leadership elections.

“Can we do this job? Are we qualified” as a state to take over federal lands? asked Hutchins rhetorically.

“We can do this.”

But lawmakers must show Utahns that “we can effectively walk them through” how that will be done.