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Public Lands Belong in Federal Hands: A Critical Analysis

Public Lands

Read time: Five Minutes

Published: October 28, 2016

Written by:

AWHC Contributor

Currently, a significant debate is unfolding over the control of 640 million acres of public land in the United States. These lands, vital for hiking, hunting, and camping, are at the heart of our nation's natural heritage. However, energy and mineral extraction industries have influenced some lawmakers to consider transferring these lands to state control, potentially leading to their sale. Meanwhile, citizens have been misled about the true motives behind this movement, with corporate interests disguised as a push for increased states' rights.

Here's the fundamental question: Is federal ownership and management ofpublic landsthe bestpolicyfor the people of this country? Wyoming's conservative government recently received the results of a massive study on this very subject.The 350-page reportanalyzes the financial and legal repercussions of transferring the management of 25 million acres of public land in that state from federal to state control. The study provides a clear answer.

Public Land Is Crucial to Wyoming’s Economy

Like other western states,public landsconstitute a significant portion of Wyoming's real estate. These lands not only attract visitors but are also used for mineral and energy extraction, ranching, and numerous other activities. The study states:

Federal Management Isn’t Perfect

Management ofpublic landsis divided among multiple federal agencies, often leading to bureaucratic challenges. Locals frequently feel that crucial decisions are made by individuals who do not share their priorities.

Transferring Ownership of Public Lands Is a Legal Nightmare

Utah is currently suing the federal government for ownership ofpublic landswithin its borders, an effort that could take years, cost taxpayers millions of dollars, and is already generating much controversy. Even if successful, it’s not clear how a transfer of ownership from multiple federal agencies to unknown state agencies would even take place.That state conservatively estimatesthe annual budget to manage those lands at $280 million, on potential revenues of $311 million. That’s if oil and gas prices remain steady, and all this assumes that the suit stands a realistic chance of succeeding. Earlier this month,The Salt Lake Tribunedescribed the effort as “quixotic.”

There's a Difference Between State and Federal Management

Federal and state management policies are fundamentally different, and those differences are set in legal stone. Where state management dictates profit first, federal management prioritizes the needs of citizens, and the long-term health of both the land and its resources.

States Would Need Federal Money to Handle All This Land

With so many revenue sources, administration priorities, and red tape, there would necessarily be an ongoing financial exchange between state and federal governments.

Transferring Management of Public Lands Would Infringe on States’ Rights

One of the most surprising conclusions of the study is that taking over federal land would expose the state government to a vast, complicated array of existing federal laws, while subjecting it to the ups and downs of partisan politics inCongress. For instance, the Freedom of Information Act doesn't currently apply to state governments, but would create a burden of reporting if the state was to take over management of federally-owned land. And, just asfederal highway funding is used as a tool to impose federal road safety measures on state governments, revenue sharing or management fees of public land could be used to reduce the freedom of states to manage land within their borders.

State and Local Communities Already Profit from Federal Management

One criticism often leveled at federal management of our public land is that those revenues don’t benefit nearby communities. That's actually wrong. In addition to the visitors, businesses, and residents this land brings to these areas, there’s a significant, direct financial contribution. It’s just been forgotten.

In total, Wyoming currently makes $1.39 billion a year from its 25 million acres of federal land. That money goes directly to the state government—without it having to pay a cent of the federal government’s $170 million annual budget for managing that land.

Curious what those numbers look like for Utah, given that state’s desire to take over itspublic lands? It receives $185.2 million annually from federally managedpublic landswithin its borders. That’s$154.2 million a year more than it hopes to make by owning and managing the land itself.

Other Organizations Need the Revenue from Wyoming's Public Lands

What happens to the other 52 percent of mineral revenue extracted from Wyoming? Ten percent of the remaining total goes to federal coffers, to be applied to a variety of programs. Forty percent helps fund the Bureau of Reclamationfor water projects across the West. One in five western farmers relies on BOR water. The agency’s hydroelectric power stations generate 40 billion kilowatt-hours of electricity per year. Ten trillion gallons of BOR water is delivered to 31 million people annually. The BOR manages 289 recreation sites with 90 million annual visitors. The agency’s economic output is $46 billion a year, supporting over 300,000 jobs.

States Have Better Ways to Exert Influence Over Land Management

There are already systems in place that require federal land management agencies to consider the input of local governments and communities.

...They Just Don't Use Them

In other words: put up or shut up. Wyoming and other states already have effective tools in place to influence federal management ofpublic landsat both the state and local levels. But instead of effectively governing by using these tools, local politicians are wasting tax money pursuingsolutionsthat at best aren’t viable, and at worst will cost citizens their natural heritage, while only benefiting special interests.

The Bottom Line

The study is blunt about this: transferring federally managed lands to the state is a terrible idea.

By Outside Online

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