The Property Rights Report

  • from the American Property Rights Coalition
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  • http://www.liberato.us/property-rights-report-2410.html 

Support Growing for Utah in Lands Suit October 2024

Amicus Briefs in the Works

Utah has filed a suit in the U.S. Supreme Court asking the question whether the federal government can retain lands indefinitely. Utah’s claim is that the Constitution gives the government the power to dispose of unappropriated lands, but not to hang on to lands forever. The Federal Fault Line Series is a 5-part series of essential reading for anyone seeking to understand the constitutional origin of congressional authority related to federal land.

A number of states, counties, organizations and individuals are now crafting friend-of-the-court briefs asking the Supreme Court to hear the case. These amicus briefs are describing why federal land ownership and control is harming individuals and governments.

 Speaking of Utah: Feds Opt for Closing Bears Ears to Reasonable Uses

The Bureau of Land Management has issued another final Environmental Impact Statement along with a proposed management plan for the Bears Ears National Monument in Utah. The chosen alternative adopts a visual resource management classification system which breaks the monument into Front Country, Passage, Outback, and Remote. The plan prohibits recreational shooting throughout the monument, excludes livestock grazing on 169,530 acres within the monument, emphasizes traditional indigenous knowledge and natural processes, and designates two new Areas of Critical Environmental Concern (ACEC). One of these ACECs is an aquifer ACEC which appears to be a novel designation by BLM.  Further the proposed Plan closes a significant area of the monument to Off-Highway Vehicle use with the remainder limited (see map below). More and more layers of classifications and restrictive priorities reduce or remove alternatives available to private citizens of Utah and the state to develop resources and access lands occupied by federal administrative rules. This is yet another example that gives merit to Utah's case against federal retention of vast real estate holdings within state boundaries. 

Mature and Old Growth Forest Plan Amendments Questioned

Comments on the national forest plan amendments were submitted up until the deadline on September 28th. The proposed plan amendments for all 128 national forests calls for additional restrictions to protect old growth and encourage development of more mature trees.

Many states, counties and soil and water conservation districts joined the deliberations as cooperating agencies. There are many questions about how the proposed changes will protect against catastrophic fires and insect and disease outbreaks destroying forests.

Another objection is the inclusion of “indigenous knowledge” in national forests management. Concerns are a lack of definition for the term and the lack of Congressional authorization in law.

Participants pointed out successive management initiatives have created more and more restrictions on access and use of national forest resources. This has led to negative social, cultural, and economic impacts on communities within or adjacent to national forests.

Counties Add Resource Planning to Land Plans

Arizona and New Mexico Counties gathered in Lordsburg, New Mexico to work on updating their general plans in September. The counties focused on including planning for the natural resources in their counties. The planning covers land use, agriculture, energy resources, forests, mining, and other resources. The counties are using an example from Utah County’s resource management plan. Click here to view a complete listing of resources counties consider in their planning.

Most western counties and some eastern counties have high percentages of federal lands. When those federal agencies develop their management plans they are required to coordinate those plans with local governments. The coordination involves achieving consistency with those local plans and policies and also gives citizens a voice in managing the local resources.