Citizens for Principled Government

U.S. Constitution and States Rights involving Public Lands

The U.S. Constitution never contemplated that our Federal Government would permanently retain ownership of lands rightfully belonging to the individual states. “Property Management” was never supposed to be the business of our Federal Government. “We the People” formed the United States of America in 1787. Outside the combined (United) states, there were territories as America expanded West until we ultimately stretch from “sea to shining sea”. When a territory became a State, as Utah did in 1896, all land within the approved boundaries was to be tendered to and become included in that state. Each State entered the Union on “equal footing” with all others.

It was never intended that we would end up with Guam or Puerto Rico type islands of federally owned lands within a State. And yet, at the same time, our Federal Government has gone unchecked over time through an avalanche of acronyms and unelected and unaccountable administrative agencies such as IRS, EPA, BLM, etc. It is that BLM (“Bureau of Land Management”) that troubles us so much in Utah. Over 70% of our entire state is owned and controlled by the Federal Government.

Denied Access and Use of Vital Natural Resources

We are now subjected to a Federal “Mother May I” system where we must beg (“apply”) for permission to lease or use or access specific lands for specific (approved) purposes. In the Uintah Basin and in Southern Utah, for example, we have vast coal and petroleum resources that we are not free to develop. As with Alaska and offshore oil deposits, extreme environmental policies (if not outright federal ownership and control) deny us access to and the use of those beneficial natural resources while our increased dependence on foreign oil continues unresolved. (President Clinton made the condition even worse when he permanently locked up more than a million acres of land in Utah and what is now called the “Grand Staircase Monument”. We are now forever denied access to and use of one of the world’s largest deposits of clean burning coal).

Legal History of Federal Dominance

The Constitutional authority for Federal Land ownership is not conclusive or immune from opposition. Until the Federal Income tax was adopted, the early Federal policy was to transfer ownership of most Federal lands to private and state ownership. It was often a revenue issue and opportunity for the Federal Government. Not so anymore. Now the Government funds itself at will through oppressive taxation and then retains excessive control over lands that would have been disposed of as before.

Going back to 1781, the U.S. Government has acquired 1.8 billion acres of land and has disposed of 1.1 billion acres. The remaining 7 billion acres is spread mostly over 12 western states. Utah is in the midst of that overreaching condition. Contrast the west with the east. Except for Florida (which was obtained from Spain) Federal ownership of lands east of the Mississippi River were ceded or transferred by the original states so that additional states could be formed from them.

Article IV of the U.S. Constitution was intended to provide only temporary authority for the Government to manage Federal lands and properties pending prompt disposal and transfer to states and individuals. Also, to the extent that Article I Section 8, Clause 17 of the Constitution required States to submit to exclusive Federal jurisdiction, that exercise of authority by the Federal Government was only for the construction of “Forts, Magazines, Arsenals, dock-Yards and other needful Buildings.”

The prior acts of a liberal Democrat controlled Congress (before the “Reagan Revolution” gave us some hope for greater States rights) have made matters much worse. Since the Federal Land Policy and Management Act of 1976 (FLPMA), the national policy has been to retain the remaining lands under Federal ownership and control.

Use, Enjoyment and Control of Utah’s Public Lands

Today, in Utah, we don’t even have full ownership and enjoyment of our most scenic and appealing open spaces for recreational purposes. “Roadless Beauty” is essentially mandated by the U.S. Government in Utah. We are denied access to massive stretches of open land. No roads, no vehicles, no practical use of what the God of Nature has so beautifully and generously bestowed upon his children other than scenic photos from the air or other such remote means. We are expected to accept only calendar photos of gorgeous settings and places to be admired and appreciated in our mind’s eye but not in actuality because we can’t get there or we are not allowed to actually go there.

Rally at the State Capitol on August 8th

An Alliance and Coalition of Utah Citizens and organizations, Legislators and public officials are rallying at the State Capitol on August 8, 2009. Please come and show your support and learn more about what we can all do to take back our public lands in Utah. See www.takebackutah.org.

This upcoming rally is capped off by a foot stomping free concert featuring rising Nashville Stars, “Due West”. (They drew thousands of excited fans to our recent “Draper Days” Pioneer Celebration). The Rally and Concert will be on the State Capitol’s South steps. We hope to see you there.