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transferred by today's date. In March 2012, a Utah state law was passed the legislature and signed into law by the governor demanding that the "Federal government extinguish its title to an estimated more than 20 million (or by some reports even more than 30 million) acres of federal public lands in the State of Utah by
December 31, 2014." It also "call for the transfer of such acreage to the State and establishe procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer." The legal case of the State of Utah for demanding the lands back, though unprecedented in scale, has legal arguments based on precedent cases both pro and con, and no certainty as to the case outcome will be known before a variety of legal actions are
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government has absolute control over federal public lands, including the constitutional authority to retain lands in federal ownership," the study says. "Statutes authorizing
Western states to join the Union required those same states to disclaim the right to additional lands, and that disclaimer cannot be spun into a federal duty to dispose." The White Paper on the Transfer of Public Lands Movement was put together by the Wallace Stegner Center for Land, Resources and the Environment.
298:"After citing the Property Clause, the Legislative Review Note relies on statements in United States v. Gratiot,{39 U.S. 526, 537 (1840)} Kleppe v. New Mexico,{426 U.S. 529 (1976)} and Gibson v. Chouteau.{80 U.S. 92 (1872)} ... there is a credible case that rules of construction favor an interpretation of the Utah Enabling Act that includes some form of a duty to dispose on the part of the federal government."
219:. "At the very least, there are open legal questions involved in the (TPLA)] that have never received definitive resolution in the courts. As such, critics cannot make a cut and dried case against the law. ... there are indeed serious legal questions to consider with the TPLA ." The state's legal case may hinge on somewhat arcane aspects of the
256:, which is not involved as Park Service lands are to remain with the Federal government, per the original legislation.) Some analysts expect management of the lands by state officials to be revenue positive—even before any land would be sold off and thus begin generating tax revenue to the state—as income from
187:, Donald Kochan argues that the original Federal documents that created the State of Utah included promises that "the federal ownership would be of limited duration and that the bulk of those lands would be timely disposed of by the federal government into private ownership or otherwise returned to the State."
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stating "...the federal ownership would be of limited duration and that the bulk of those lands would be timely disposed of by the federal government into private ownership or otherwise returned to the State," must be interpreted as meaning at the very least the bulk of federal lands should have been
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As of
December 2014, the State of Utah began actions to obtain control of 31.2 million acres of federal land that lies within the state. The total land involved is more than half of the total of 54,300,000 acres (220,000 km) of land in the state. As of 2014 the state promised it would not
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The State of Utah's Public Lands Policy
Coordinating Office (PLPCO) released a report this week, An Analysis of a Transfer of Federal Lands to the State of Utah. Legislation passed during the 2014 Legislative Session required a report which analyzed the projected economic impact to the state that
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A 2014 study by professor Robert Keiter and research associate John Ruple of the
University of Utah College of Law concluded that the state's effort is unlikely to succeed in court. The federal government's right to retain ownership of lands is characterized as "well established." "The federal
268:
per year to state government coffers under state management, assuming the price of oil doesn't go down. Other analysts say that if costs of management, including forest fires, were borne solely by the state, it could result in increased development, increased access fees, and decreased public
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As of
December 2015, Utah has not yet filed suit to attempt to carry out the state law and the Devallier Law Group believes the Federal government is likely to "vigorously oppose" any lawsuit that Utah might bring, and would be expected to "use every legal means to stop it."
155:, with John Ruple, published a paper that argued the state would be unlikely to prevail in gaining the mineral rights to the disputed land, and that therefore the State would not be able to afford to manage the lands without additional sources of tax revenue.
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to pay a 143-year-old debt it owes the state. Under the
Statehood Act, the federal government doled out land — a pair of 1-mile sections for every 36 square-mile township — to state land trusts to generate revenue for public
183:, "The federal government controls more than 50 percent of the land west of Kansas—in Utah's case, it's 64.5 percent, a situation that has increasingly resulted in tensions across the Rocky Mountain West." Writing for the
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389:"Utah to seize own land from government, challenge federal dominance of Western states: 'Transfer of Public Lands Act' demands Washington relinquish 31.2 million acres by Dec. 31"
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Kochan, Donald J. (2013). "Public Lands and the
Federal Government's Compact-Based 'Duty to Dispose': A Case Study of Utah's H.B. 148 — The Transfer of Public Lands Act".
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use force to end federal control these lands, but instead would seek the transfer through a "four-step plan that the governor laid out": a program of
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attempted to "educate and negotiate" with
Federal officials. As of November 2014, the Federal government had not agreed to enter negotiations.
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began the process of preparing a legal complaint that would form the basis for a lawsuit. Also in
December 2015, University of Utah law professor
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and how they interrelate with the Utah Enabling Act of July 16, 1894, although other legal "theories may also support the TPLA demand."
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In late 2019, the Federal government proposed transferring a small amount of Federal land—9,900 acres (4,000 ha)-to the adjacent
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elected officials have argued for "state rights concerning public lands" for at least several decades prior to 2012. More recently,
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signed it into law on 23 March 2012, stating "This is only the first step in a long process, but it is a step we must take."
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after 2014. According to Donald J. Kochan, the federal government promised to transfer these lands to the State in the
520:
Kochan, Donald J. (January 2013). "A Legal Overview of Utah's H.B. 148 — The Transfer of Public Lands Act". p. 29.
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Kochan, Donald J. (January 2013). "A Legal Overview of Utah's H.B. 148 — The Transfer of Public Lands Act". p. 20.
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481:"Colorado is owed 9,900 acres by the federal government. But getting that land could mean no more recreating on it"
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that the Federal government had promised to Colorado, but never transferred, at the time of Colorado's statehood.
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http://www.newswise.com/articles/university-of-utah-researchers-federal-lands-takeover-would-harm-the-public
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managing land in Utah during 2012, about $ 8 per acre, and employed 2100 people (not including the
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could result from the possible transfer of public lands from the federal government to the state.
612:"University of Utah Researchers: Federal Lands Takeover Would Harm the Public," February 6, 2015
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462:"Legal scholars: Public-lands transfer to Utah would not include rights to coveted minerals"
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Utah Department of Administrative Services, Division of Archives & Records Service.
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Though the bill was signed into law in 2012, federal lands remained in control of the
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586:"USHE institutions provide economic analysis of proposed federal lands transfer"
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443:"Republicans OK $ 14M land-transfer lawsuit, say Utah must regain sovereignty"
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568:"Legal analysis says public lands effort is flawed; proponents undeterred"
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633:, 2012, video posted 7 November 2014 by the American Lands Council.
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418:"Economic analysis buoys Utah federal land transfer advocates"
363:"Ken Ivory: Here is why Utah should acquire its federal lands"
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after 2014. The legislature passed the bill. Governor
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Brian Maffly The Salt Lake Tribune (9 December 2015).
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Brian Maffly The Salt Lake Tribune (9 December 2015).
644:"Trib Talk: Western lands disputes — locals vs. feds"
310:"Utah commission votes to sue feds over public lands"
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Utah Commission for the Stewardship of Public Lands
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144:in 2014 to fund the initial phases of the plan.
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339:"Gov. Herbert signs public lands transfer act"
588:. Utah System of Higher Education. 2014-12-02
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674:Bureau of Land Management areas in Utah
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637:Enabling Act, Approved, July 16, 1894.
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541:Brigham Young University Law Review
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479:Blevins, Jason (5 December 2019).
365:. Salt Lake City, Utah. 2012-03-11
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116:through December 2014, while the
89:and had frequently advocated for
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704:United States constitutional law
308:Gilman, Don (10 December 2015).
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416:Prettyman, Brett (2014-12-04).
85:had been a strong supporter of
23:passed legislation in 2012—the
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631:US Senator Mike Lee on HB 148
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337:Kessler, Mori (2012-03-23).
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653:Salt Lake City Tribune
147:In December 2015, the
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35:in the state to the
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663:Categories
592:2014-12-07
427:2014-12-07
399:2014-12-07
369:2014-04-10
348:2014-12-07
319:14 January
273:References
258:recreation
153:Bob Keiter
138:litigation
547:(5): 61.
213:litigated
126:education
83:Ken Ivory
47:of 1894.
709:Utah law
500:schools.
175:In favor
170:Analysis
164:Colorado
160:US State
649:YouTube
627:, 2012.
553:2430886
526:2200471
294:2200471
235:Opposed
227:of the
76:Federal
70:History
56:Federal
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217:courts
136:, and
99:HB 148
60:states
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37:state
549:SSRN
545:2013
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321:2016
290:SSRN
223:and
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