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Utah commission passes resolution opposing unilateral use of the Antiquities Act

On Wednesday, the Utah Legislature’s Commission on the Stewardship of Public Lands adopted a resolution opposing the unilateral use of the Antiquities Act to designate new national monuments. The Obama administration is considering a number of national monument designations in the state this year – including a 1.9-million-acre designation in the Bears Ears area of southeastern Utah. The overarching message of the resolution is that local input and state legislative approval should be required for future designations.

Utah’s natural beauty and pristine landscapes are unparalleled, drawing millions of visitors from around the world. Such wild and unique places should be responsibly protected. However, allowing the president unilaterally to set aside millions of acres with the stroke of a pen is un-American and undermines the democratic process. The resolution does not intend to impede the overall goal of conservation, but rather the method by which it is to be achieved. The commission recognizes that Utahns know and love their public lands better than anyone else and this resolution is intended to declare to the Obama administration that Utahns want to have a voice in decisions regarding monument designations within the state.

The resolution is one of two items Gov. Gary Herbert has specified to be considered when the Legislature meets in a special session that will be convened in conjunction with its regularly scheduled interim meetings on May 18.

Sutherland Institute and the Coalition for Self-Government in the West commend the commission for adopting the resolution.

New York City Street

Garbage – recycle, incinerate, synthesize

Many of us remember the saga of the garbage barge named the Mobro 4000. In 1987 it was loaded with garbage from the Islip landfill in New York City and set sail to deposit its load out of state. This was a common occurrence, as land was at a premium in the city. However, the owner of the Mobro 4000 failed to finalize the contract before embarking and was soon stuck at sea with nowhere to go. For six months, major news networks led their broadcast with images of this lonely garbage barge wandering up and down the coast, becoming the poster child for wasteful lifestyles and what activists claimed was a crisis of overflowing landfills. Transferring a city’s garbage out of state was a common practice, but the Mobro 4000’s sloppy paperwork problem led to a rallying cry for recycling.

Today, municipal recycling programs are fairly ubiquitous. Cities provide not only garbage pickup but also a separate garbage can for recyclables. Feeling like a responsible environmental steward has never been so easy – just throw all your paper, plastic and aluminum into a special garbage bin and roll it out to the curb each week where other good stewards collect, sort and recycle it.

But much has happened in the world of garbage since the Mobro 4000 was stranded at sea three decades ago. Recycling has always been predicated on our ability to efficiently reuse recycled material. Much of our recycled plastic goes to China, where it is used to make toothbrushes and carpet, and our shredded paper goes to Mexico, where it used to make things like toilet paper. The greatest deciding factor in what is recycled and what goes to the landfill is profitability. And profits from recycling can change – and are changing – based on various global factors. This means not everything you put in the special bin on your curb will actually be recycled. If the price isn’t right, it’ll end up in the landfill anyway.

Which maybe isn’t such a bad thing. For some time now landfills have been used to generate power.

On New York’s Staten Island sits a 2,000-acre landfill known as Fresh Kills. It operated for 50 years and was New York City’s largest landfill. Some of its largest mounds of garbage soared to 200 feet tall. Fresh Kills closed in 2001, but it’s still serving the city. All that garbage is decaying and producing gas, much of it methane, which can be processed and put into the natural gas pipeline. Methane gas recovery from the old Fresh Kills landfill produces enough energy every day to heat 30,000 homes and makes up to $5 million a year for the city.

Garbage is producing energy another way – landfill incinerators. The world’s best recyclers – Sweden and Norway – incinerate so much trash they are actually importing it from other countries. While bans on plastic bags are gathering momentum in many municipalities, including in Utah, Sweden has no such ban, incinerating many of the bags instead. Norway’s capital, Oslo, heats half the city and most of its schools by burning garbage. In fact, northern European trash-burning countries have their sights set on the U.S. garbage market to fuel its 700-million-ton incineration capacity. Today, rather than capturing the world’s attention as a symbol of environmental despair, the Mobro 4000 might be welcomed with open arms.

This article was originally posted on Utah Citizen Network. UCN is an interactive site meant to encourage, teach and empower citizens to become active participants. Join in and maybe you can become governor of Freedomville!

Land transfer would be a process, not a grab — Sutherland Soapbox, 12/9/14

Flying_birds_at_Sacramento_National_Wildlife_RefugeThis post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. The podcast can be found at the bottom of this post.

You’ve probably heard by now that the Utah Public Lands Policy Coordinating Office came out with a report last week detailing the potential impacts of transferring about half of all federal lands here to state control.

This is an issue because people all over the West are feeling the pain of being cut off from the land they love — and need — whether to make a living or recreate … and just to live a happy and fulfilling life.

And the truth is, the only one cutting off access to public lands right now is the federal government. Unless you’re young, wealthy, and healthy enough to get the gear and time to trek in, you’re seeing your access reduced by either regulatory and legal hurdles, or actual chains being put up across roads and trails.

These policies are being forced on us by people in far off Washington, D.C., who know nothing of the rural production economy … what it makes, how it runs … or the families who choose to live and work in it.

These D.C. landlords serve a different master and have different priorities. They’re an interest group as powerful as any in the nation, but funded by you. And their interests don’t match those of the people who live and work on the lands they manage.

The Utah report weighs in at around 800 pages, so I can’t even do a fair job of summarizing it in the four minutes I’ve got here. But its conclusion – arrived at by economists and scientists from three Utah universities – is that, yes, Utah can manage those lands in an economical and balanced way without sacrificing the beauty of the state, its quality of life, or its attraction to tourists and recreationists from around the world. And it can even turn (trigger alert, I’m going to use a word that some in the environmental activist community might find offensive and cause the vapors) [Utah can turn] a profit to help pay for other state needs in the process.

Cue the hue and cry from the for-profit environmental movement. The Southern Utah Wilderness Alliance and Center for Western Priorities, apparently after reading their own press releases instead of the actual study, immediately responded with boilerplate talking points and cherry-picked data respectively in their attempts to discredit the report.  Read more

Feeling pushed by lands ‘poll’? Sutherland Soapbox, 10/21/14

Nature's_SymmetryThis post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations.  

For those who have ever wondered what a “push poll” looks like, the Center for American Progress, a liberal think tank that’s up in arms about the West’s movement to transfer most federal lands to state control, provided a great example a couple of weeks ago.

Their poll clearly demonstrated, at least in their minds, that a majority of Westerners oppose turning over the 50 percent of Western lands that D.C. currently owns to state control. You can see a summary of it here.

This one-sided poll was crafted to support a specific outcome by asking leading questions of very few people across a wide swath of states. Shocking, I know. If either the Center for American Progress or the polling companies involved were capable of being embarrassed, they would have enough red on their faces to paint a barn. But as their purpose was simply to advance a point of view, I’m sure they’re basking in the light they’ve stolen from the rest of us. The world is just a little dumber for their efforts, and while both the left and right are guilty of dishonest polls to either push a viewpoint or raise a buck, this is a particularly egregious example.

The axiom that you get what you pay for is especially true in the polling business, where the wording of a question can lead to desired responses that campaigners can then tout as a “The people have spoken” moment. This poll basically asks people if they would rather see state taxpayers pay for the rape and ruin of public lands or have those lands munificently managed by benevolent federal cherubs gently tending the flora and fauna as they glide effortlessly — and at no cost to the taxpayer — overhead.

Here’s the question they’re most proud of:

Thinking about one idea related to national forests, national parks, wildlife refuges, and other national public lands in your state, would you support or oppose having your state Government and taxpayers assume full control of managing these public lands, including paying for all related costs, including the cost of preventing and fighting wildfires?

Got all that? Read more

The difference between dueling lands polls? It’s education

Panorama_of_the_Great_Salt_Lake_DesertTwo recent polls on federal versus state lands management preferences have seemingly contradictory findings. In fact, they demonstrate one key point: The more people know about the costs and benefits of transferring federal lands to state control, the more they tend to endorse it.

A Center for American Progress poll released late last week claimed that 52 percent of those polled in eight Western states did not want their state to assume control and costs of public lands managed by national resource agencies. But the poll notably omitted any reference to potential benefits of states assuming control and instead listed only potential costs and controversial potential management policies.

Also of note, Utah bucked the apparent trend, with a 52 percent majority expressing a desire for state control. And that finding was echoed in another poll, released earlier this week by UtahPolicy.com, that asked simply whether that state’s residents supported or opposed state government taking control of BLM and Forest Service lands. Sixty percent of respondents supported state control of BLM lands, and 50 percent approved of taking over Forest Service lands in that poll. Fifty-four percent also supported a lawsuit against the federal government to demand control of those lands.

The difference seems to be that Utahns have been grappling with the state control issue for several years and are therefore much more educated on the costs and benefits of the state potentially assuming ownership of most federal lands. They know, for instance, that only multiple-use lands are being considered, leaving national parks, wilderness areas and military reservations in federal hands. They also know that these multiple-use lands can generate income to offset the expenses of managing them. Neither poll addressed these issues, but they have been widely debated in the state since passage of the Transfer of Public Lands Act in 2012.

Taken individually, these polls seem to have contradictory results. But the take-away from examining both of them together is simply that the more people know about the costs and benefits of transferring multiple-use federal lands to state control, the more they approve of it.

Carl Graham in the Heritage Insider: The West's Fight for Self-Government

Sutherland-Coalition-Self-Govt-Logo-200The federal government owns nearly half of all land west of Nebraska, and it is increasingly using that ownership to cut Western states off from the natural resources and tax bases they need to take care of themselves. National polls show a lack of trust in the federal government and a growing reluctance to accept its expanding power. But the one-two punch of resource ownership and the flow of federal funds gives the federal government a seemingly free hand to dictate how Western states educate their kids, manage their economies, and provide core public services. In effect, they are becoming states of dependence.

Many of these states are pushing back to restore a balance between individual and states’ rights and responsibilities on one hand versus the federal estate and federal government intrusions on the other. But this Western backlash against federal overreach could also ripple across the country and help set the tone for Americans’ future relationships with their federal overseers.

Much of the growth in federal power is being done under the aegis of cooperative federalism, where the federal government basically buys the rope and lets the states hang themselves. Many Western states would like to get rid of that rope by asking a very simple question: Why not govern ourselves? Why accept being states of dependence?

Just imagine if America could restore that proper balance and make government more accountable by bringing it closer to home; if we could have a servant instead of a master, a government that works for us, not against us. Imagine being able to decide our future; to figure out how to best educate each of our kids, how to steward our lands, and to provide for our public safety and services using local solutions that take into account local resources and local needs rather than imposed or one-size-fits-all dictates.

But increasing federal power doesn’t allow us to govern ourselves, and we can get an idea of who is most at risk by looking at who’s manning the barricades against overreaching and often counterproductive federal policies. The West is the proverbial canary in the coalmine as the federal government is able to impose more of its power and create greater dependence by controlling access to Western resources.

That’s why you see Nevada ranchers getting on their horses and riding to the district Bureau of Land Management offices to protest new grazing restrictions. It’s why ATV riders in Utah are protesting trail closures on public lands that they have used responsibly for generations. It’s why county commissioners in New Mexico are threatening to break locks—installed by federal officials—that block access to water that ranchers have used responsibly and improved since before New Mexico was even a state. And it’s why Utah certified public accountants called upon the legislature to get a better handle on the inherent risks of depending on federal funds to perform core state functions.

The primary vulnerability to federal overreach in the West is the states’ lack of control over their own resources. The primary driver for that lack of control is the simple fact that they don’t own the land those resources are on and under. Fifty percent of all land, over 600 million acres, west of the Colorado/Nebraska line is owned by the federal government, making up 91 percent of all federal lands in the nation. That’s enough land to cover every state on the Eastern Seaboard, plus Kansas, plus Texas, plus France. That’s just unfair: Western states are cut off from 50 percent of their tax base and have little say over 50 percent of their economic potential, just because they came to the Union later in our nation’s history.

Click here to read the rest of this article by Carl Graham at the Heritage Foundation’s InsiderOnline. It was also printed in the summer 2014 edition of the Insider.

Tonight: Watch debate on land use

We invite you to watch this debate tonight on a topic vital to our state: the potential transfer of public lands from federal to state control.

If you live in the Cedar City area, feel free to attend in person. The debate starts at 6 p.m. at SUU’s Sterling R. Church Auditorium at Sharwan Smith Student Center.

Otherwise, click here for the live feed. See the flier below for more details.
alc lands debate flier

 

Trouble in the West

Montana's Rocky Mountain Front is seen at the right in this aerial photo. (Photo credit: Bobak Ha'Eri)

Montana’s Rocky Mountain Front is seen at the right in this aerial photo. (Photo credit: Bobak Ha’Eri)

The “green-über-alles” crowd has Utah and our neighbors in its sights. For instance, take this editorial from a Montana newspaper (republished by Utah.Politico.Hub), “Big Trouble in Big Sky Country.”

This “big trouble” – referring to tactics used by radical environmentalists who demonize multiple use of our beautiful Western lands – doesn’t just apply to Montana, but to all the states in the West. From the editorial:

When public support for the [1964] Wilderness Act tanked, enter the manipulation by environmentalists. Greens both inside and outside government have turned to an onslaught of other means to control and/or remove land uses they dislike — through appeals, litigation, administrative fiat, bureaucratic delay, endangered species, conservation easements, even national monument designation under the Antiquities Act.

The strategy is to block land uses in hopes the land users go away.

Click here to read the rest of the editorial at Utah.Politico.Hub.

Podcast: the states vs. the feds on public lands

Sutherland-Coalition-Self-Govt-Logo-200Listen to Carl Graham, director of Sutherland’s Coalition for Self-Government in the West, in a podcast about control and use of public lands. Utah state Rep. Ken Ivory, Donald J. Kochan of Chapman University School of Law, and David Garbett of the Southern Utah Wilderness Alliance also participated in the teleforum, sponsored by The Federalist Society, earlier this week.

Here’s a description of what they tackled during the teleforum:

The state of Utah now has statutory authority to sue the federal government for return of its lands in January, 2015. How sound is the legal case, and what are the economic implications for the Western states – as well as the country in general? What are the environmental policy issues and is state stewardship of these lands best?

Click here for the podcast at The Federalist Society website.

Bundy family: Right issue, wrong argument – Mero Moment, 4/15/14

Sutherland is focused on helping western states regain control of their land. Visit EndFedAddiction.org for more information.

Sutherland is focused on helping western states regain control of their land. Visit EndFedAddiction.org for more information.

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations.

Cliven Bundy’s family roots in Nevada stretch back to the 1880s but his awkward articulation of constitutional rights and federalism are hurting his case and the broader case for greater self-determination in western lands management. Our western states are severely handicapped by the federal government’s ownership of massive amounts of land. It is true. And it is high time that citizens in these western states do something about it. Unfortunately, Cliven Bundy’s justifications and methods are politically counterproductive and legally, well, wrong.

Our western states have plenty of tragic examples where federal encroachment is destroying economic prosperity and driving generations of families from the lands they’ve called home. Bundy’s mistake is that he’s shifted the focus from that legitimate argument to arcane constitutional polemics that few Americans understand or are comfortable with.

In complaining about the federal government to entertainment conservative Sean Hannity, Mr. Bundy stated, “What they have done is seized Nevada statehood, Nevada law, Clark County public land, [and] access to the land….” To The Guardian newspaper he’s quoted as saying, “We definitely don’t recognize [Bureau of Land Management] jurisdiction or authority….” During an interview on the radio program “The Dana Show,” Mr. Bundy told listeners, “I abide by all of Nevada state laws. But I don’t recognize the United States government as even existing.”

Well, he’s wrong. And even if he were right, he’d still lose with that argument. Read more