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Traveler's View: Utah Public Lands Initiative Defines Political Chasm Over "Conservation"

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In taking three years to craft their blueprint for how public lands should be managed across a large portion of Utah, U.S. Reps. Rob Bishop and Jason Chaffetz have produced a smoke-and-mirrors view of conservation, one that uses the right language but disguises their true goals in obfuscation and fine print.

But then, the two Republicans from Utah hinted, during a public unveiling of the plan last week, at their true motivations. Rep. Bishop, who chairs the House Natural Resources Committee that will surely pass through the bill on a strict party-line vote, admitted that he was "never a fan of creating more wilderness in the first place," while Rep. Chaffetz mentioned his love for off-road vehicles.

Thus it can be understood why the 41 proposed wilderness areas touted in the 65-page "discussion draft" would be open to state agencies using aircraft and "mechanized equipment" in managing wildlife and fisheries, and that the continued use of "fences, line cabins, water wells and pipelines, stock tanks and ponds" would be OK.

So, apparently, it would be alright for the state to use aircraft to shoot predators in a bid to bolster populations of prey for human hunters, as does Alaska's Department of Fish and Game. The difference, of course, is that this legislation would allow the practice to be used over wilderness areas, not only on lands adjacent to them.

Too, the politicians wrote that these wilderness areas, if officially designated, would not be off-limits for the construction "of new improvements or replacement of deteriorated facilities," nor the "use of motorized equipment for emergency purposes such as rescuing sick animals or the placement of feed in emergency situations is permissible."

Motorized access to these proposed wilderness areas would be permissable under certain, open-ended, restrictions:

Nothing in this Act shall be construed to limit motorized access and road maintenance by local municipalities and other water right holders for those maintenance activities necessary to guarantee the continued viability of water resource facilities that currently exist or which may be necessary in the future to prevent the degradation of the water supply in wilderness areas...

In other words, Reps. Bishop and Chaffetz would rewrite The Wilderness Act, which interprets official wilderness as “an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain."

They also would block future wilderness designation in the state by "releasing" other Bureau of Land Management acreage that had been placed under study for official wilderness designation.

Utah politicians long have been at the forefront of efforts to force the federal government to cede public lands back to the state, and while that effort is continuing, Reps. Bishop and Chaffetz aim to help move it along by turning over tens of thousands of acres of federal lands to the state through their legislation.

The measure would require the BLM, "without consideration," to transfer nearly 10,000 acres of land it manages to the state of Utah for addition to Goblin Valley State Park. Another land transfer from the BLM to the state would help create the Price Canyon State Forest, the first state forest in Utah. Another 21 land conveyances from the federal government to the state of Utah, without any consideration in return, also are called for by the legislation. Those range from just 1 acre at the resort town of Park City to 15,379 acres at the Dugout Ranch northwest of Monticello to Utah State University.

It shouldn't go unnoticed that this legislation came but a week after the release of a poll of 2,800 people across Wyoming, Colorado, Nevada, Utah, New Mexico, Arizona, and Montana that concluded that Westerners value conservation and see economic returns from national parks, national forests, and national monuments in their states, and don't believe it's in their best interests to have federal lands transferred to the states.

"The (Public Lands Initiative) furthers the land grab agenda by giving away federal lands. As drafted, the PLI grants thousands of miles of rights-of-way to the state and counties to convert cow trails, footpaths, and seldom-used dirt tracks into highways," states the Southern Utah Wilderness Alliance in denouncing the Bishop-Chaffetz plan.  "The PLI then allows the counties and the states to seek, through litigation, additional right-of-way claims in the wilderness areas it designates. The PLI includes a land exchange where the state gives up land with low market values in exchange for more land with a higher market value—yes, you read that right, the state would make out like a bandit. The PLI also gives away tens of thousands of acres of federal land to the state and counties for all kinds of pet projects."

And the loopholes and giveaways continue throughout the legislation:

* The creation of National Conservation Areas under the legislation does not guarantee water rights for those NCAs, and grazing could continue, and possibly increase, in these areas under the bill's provisions.

* No doubt with an eye toward Utah's energy sector, which has generated high ozone levels in some areas of the state, most notably in the Uinta Basin of eastern Utah, the proposed wilderness areas (including those proposed for Arches and Canyonlands national parks and Dinosaur National Monument) would not be designated as Class 1 airsheds, as nearly 160 other wilderness areas across the country are, to protect the viewsheds. "As currently drafted, the PLI would actually weaken airshed protections for nearly all of Arches and Canyonlands national park," notes SUWA officials

* The measure tosses out an oil and gas leasing reform plan adopted by the BLM in 2010.

This legislation is the new face of the Sagebrush Rebellion of the 1970s and '80s, a political maneuver with a bottomline: handcuff the federal government from properly managing its domain if the land can't be transferred to the states. 

While Utah Gov. Gary Herbert praised the bill as the "fourth largest conservation bill in history," that's a misnomer. It's a bait-and-switch to take protections for land, water and wildlife long provided by The Wilderness Act and Environmental Protection Agency down a notch or two. It would give away federal lands owned by all Americans. It would deny outright potential wilderness designations without having a fair public hearing before the owners of those lands -- the American public. For Rep. Rob Bishop, who long has accused presidents of wielding the Antiquities Act without involving the public, these measures smack of hypocrisy. 

Across the nation just 5 percent of the landscape is protected as official wilderness, according to Wilderness.net, and 2.7 percent of that total is in Alaska. This legislation, along with watering down the meaning of "wilderness designation,'" would toss away thousands of acres of spectacular landscapes that should be preserved for future generations to marvel at, fuel energy development regardless of associated emissions, and hamstring federal agencies in managing the federal domain for all.

Is this true "conservation"? 

Manifest Destiny long ago swept across the West, to the extreme in many places. What is needed is a truer interpretation, and determination, for conservation, a resolve that protects and preserves our waning wilderness quality lands, which better stewards our national parks. This bill falls short on all points.

Comments

A Territory is under the direct governance of the Federal government, not itself, so it can't "own" land.

You seem to be ignoring the period when there was a sovereign state PRIOR to Utah becoming a Terrritory

 it's there for insurance that the State will not make future claim to the lands that the Federal government retained,

 

 

 

If an entity doesn't own the land and according to Alfred has conceded to that fact, there would be no need for such a clause.  Obviously the people at the time of the formation of the state weren't as confident as you. 

But I will concede this, whether it is "back" or not is irrelevant to this bill.  This is an increase in protection for a massive amount of land.

 


Utah was never a "Sovereign State." Never before becoming a territory nor after. Utah was part of Mexico and under their control beginning in 1821. Before that, there were native tribes and some europeans. But no one claimed the territory as a sovereign state or otherwise. In the late 1840s the Mormon settlers arrived. Mexico gave/ceded the territory to the US government in 1848.  It was still not a sovereign state. The settlers of Utah petitioned the US Government for territory status.  They did not claim they were a sovereign state.  The settlers wanted to name it Deseret. The government determined the amount of territory, named it Utah, and created a territory in 1850.

I'm not sure what book you are reading, but I would sure like to know. It would make for an interesting history lesson. Please share...


"You seem to be ignoring the period when there was a sovereign state PRIOR to Utah becoming a Terrritory"

------------

Huh?

 


Prior to the establishment of Utah Territory, in the absence of other authority, the provisional government of Deseret became the de facto government of the Great Basin. Three sessions of the General Assembly, abicameral state legislature, were held. In 1850, the legislature appointed judges and established a criminal code. Taxes were established on property and liquor, and gambling was outlawed. The Church of Jesus Christ of Latter-day Saints was incorporated and a militia, based on the Nauvoo Legion, was formed.

The legislature initially formed six counties, which covered only inhabited valleys. These "valley counties" initially encompassed only a small portion of the area of Deseret and were expanded as settlement grew.[4]

https://en.wikipedia.org/wiki/State_of_Deseret

 


And . . . . ?

Perhaps it's a good idea to read the entire article from the Wikipedia Textbook of United States History before clipping and posting only a portion of it.

http://legal-dictionary.thefreedictionary.com/Public+Lands

The idea that battles over "appropriated" and "unappropriated" lands is somehow only a western phenomenon is incorrect.  Take a look at pages 421 et al from a text on history of Virginia.  It appears that they were arguing over public lands well into the 1800's. 

https://books.google.com/books?id=fXcRAAAAYAAJ&pg=PA421&lpg=PA421&dq=def...

Now the question still remains.  Is the Bishop/Chafetz bottle of snakeoil good for the people of the United States or not?

 


Oh, now I get it, EC. You're a 19th century Mormon. Whatever you do is "legal" outside the government of the United States. Yes, the Mormons, fleeing persecution, established "order" on Salt Lake. So did the gold miners in California, for that matter. But such "order" was never recognized by the federal government, especially the "incorporation" of the Mormon Church as the official church of Deseret, to say nothing of polygyny. Mind you, there are times when I think that polygyny is a great idea, but that, too, Mormon men were forced to forfeit before the federal government would grant Utah statehood.

As I used to remind my students, the frontier was a very tough place. But never so tough that people lost sight of the advantages of U.S. citizenship. Most pioneers couldn't wait to advance to territorial status, allowing them a delegate in Congress to plead their case. They then couldn't wait for statehood, allowing them two senators and at least one vote in the House. Why was that so important? Because the federal government had all of the money for public works. The territories didn't have the tax base--or the early states. But the collective power of the federal government did.

When people in the West say they "did it all," history lets out a hoot. Did what? Occupy the land, yes, and break it with a plow. Clear the trees where necessary; fight the Indians. It was hard and dangerous work, to be sure. But the larger purpose was to achieve exactly what the settler had left behind, only ths time hopefully to come out on top of the process of acquiring better lands and riches. In the end, that required enormous assistance--military protection, forts, roads, the telegraph, the railroad, and all of the rest of the internal improvements we take for granted. So when Utah says it deserves our public lands, I remind Utah of the facts. We made you as much as you made yourselves. Don't get snippy with us. This civilization is not only about your rights. We have a few rights, too, among them the right to enjoy Utah's beauty--our national beauty--free of private ownership. Conversely, the people of Utah have the same right in every other state that is blessed with public lands.

It does indeed come down to beauty, since the best resources are already gone. The pioneers got them years ago--and the railroads, and the miners, and the corporations, and all the rest. Do you think that people in the nineteenth century were so stupid they did not homestead the best lands first? And the corporations? Dummy entry was all about getting the best lands. Uncle Sam got all the rest.

Relax, Utah, and enjoy the ride. You are part of the USA, and my gosh, I can now even buy a drink at Zion Lodge! However, they still tell me I have to order food within an hour or be in violation of the liquor code. That's okay. Daisy Hobbs and her crew do a wonderful job. Yes, isn't it great to have public lands?


From today's online issue of Salt Lake Tribune:

http://www.sltrib.com/news/3473580-155/utah-could-win-public-lands-lawsuit

Some lawyers are going to rake in a few million tax dollars as a gift from Utah's Republican Socialist Party.

Just remember, that whatever your position may be on this issue, there's an old and accurate saying: "Ask two lawyers a question and  you'll get three opinions."

Time will tell . . . . .

 


The battle continues on Utah's Capitol Hill.

From this morning's Deseret News:

http://www.deseretnews.com/user/comments/865646445/14-million-price-tag-...


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