Right now, there's听a war raging over who should have听control of the 640 million acres of public land听in this country. Those lands鈥攚here we hike, hunt, and camp鈥攁re听home to听most of our country鈥檚 incredible听natural heritage. Yet听the energy and mineral extraction industries have convinced Republican lawmakers it's a good idea to transfer those lands to state control, in a thinly veiled attempt to ultimately force their sale. Meanwhile, well-meaning citizens have been lied to about the true impetus behind this movement, with corporate greed masquerading as a bid to increase听states鈥 rights.
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Here's the fundamental question: Is federal ownership and management of public lands the best policy for the people of this country? Well,听Wyoming鈥檚 (conservative)听government听just received the results of a massive study on听that very subject. analyzes the financial and legal repercussions of transferring the management of 25 million acres of public land in that state听from federal to state control.听鈥淚n essence this is a feasibility and efficiency study examining federal land management practices, costs and the revenues generated from federal public lands versus how the state manages its own lands and to explore the potential of the state taking over management of certain federal lands,鈥 the report states. Could the state generate more income by managing public lands itself? The study arrives at a pretty clear answer.听
Public Land Is Crucial听to Wyoming鈥檚 Economy
Like other western states, public lands make听up a huge portion of Wyoming real estate. That land doesn't just draw visitors, but is used for mineral and energy extraction, ranching, and countless other activities. The study says:听
Over forty-eight percent (48%) of Wyoming is federal land.听Access to and the use of public lands is critical to Wyoming and other western states鈥 economies. Public lands support many uses from activities such as bird watching to energy development. Many species of wildlife, although owned by the state, spend a significant portion of their life cycle on federally-owned lands. Public lands provide extensive opportunities for recreation and a lifestyle that more and more people are seeking in our mobile economy.
Federal Management Isn鈥檛 Perfect
Management of public lands is split across multiple federal agencies, mired in bureaucracy, and to locals, it often feels like crucial decisions are made by people who don't share their priorities.听
Management decisions on federal public lands that drastically affect western communities are heavily influenced at the national level sometimes without regard to local needs and concerns and without utilizing the special knowledge a local community possesses.听Frustration has been expressed with current management of federal public lands, the impact of federal land management decisions on local economies, the length of time it takes for federal management decisions, lack of access to resources such as timber and recreation, and in some cases concerns for human health and safety. Whether it is oil and gas, grazing, hunting, or recreational uses鈥攖he lengthy and protracted permitting processes and layers of regulations have a discernible effect on the economy of local communities and the lives of citizens.
Transferring Ownership of Public Lands听Is a听Legal Nightmare
Utah is currently suing the federal government for ownership of public lands within its borders, an effort that could听take years, cost听taxpayers millions of dollars, and is already generating much controversy. Even if successful, it鈥檚 not clear how a transfer of ownership from multiple federal agencies to unknown state agencies would even take place. the annual budget to manage those lands听at $280 million, on potential revenues of听$311 million. That鈥檚 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 Tribune described the effort as 鈥.鈥
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.听
The Wyoming State Constitution and the Wyoming State Legislature direct that [its] lands be managed for two key purposes: (1) long-term growth in value, and (2) optimum, sustainable revenue production.听In stark contrast, the two overarching mandates that dictate the management of federal owned听public lands administered by the BLM and USFS are multiple use and sustained yield (MUSY).听鈥淔or this discussion, we define multiple use as the use of land for more than one purpose. For example, livestock grazing, recreation, and timber harvest could occur on the same parcel.
States Would Need Federal Money to Handle All This Land
With so many revenue sources, administration priorities, and听red tape, there would necessarily be an ongoing financial exchange between state and federal governments.听
No matter the mechanism鈥攚hether a fee or a share of revenue generated鈥攖he state would have to be compensated for managing federal public lands.
Transferring Management of Public Lands Would Infringe on States鈥 Rights
One of the most surprising conclusions of the study听is that taking over federal land would expose the state government to a vast,听complicated array of existing federal laws, while subjecting it to the ups and downs of partisan politics in Congress. For instance, the Freedom of Information Act doesn't currently apply to state governments, but would create a burden of听reporting if the state was to take over management of federally-owned land. And, just as听, revenue sharing or management fees of public land could be used to听reduce the freedom of states to manage land within their borders
These laws may require the state to develop additional administrative infrastructure to ensure compliance with federal labor law including developing affirmative action plans, diversity requirements and complex procurement and acquisition rules among others.听Failure to fund mandates or the prohibition of the use of federal funds to fulfill existing mandates would hamper the state鈥檚 ability to successfully manage many aspects of federal lands.听Prohibitions such as these can be imposed suddenly and somewhat arbitrarily by Congress in response to the dictates of political movements and political pressure over particular issues which may arise and gain momentum and support in Washington, D.C.
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鈥檛 benefit nearby communities. That's actually wrong. In addition to the visitors, businesses, and residents this land brings to these areas, there鈥檚 a significant,听direct financial contribution. It鈥檚 just been forgotten.听
Revenue received by the State of Wyoming and its political subdivisions in connection with the Lands includes the 48% of mineral revenue generated in the state that is distributed to the state, PILT payments, and Forest and SRS payment,鈥 the study says. 鈥淭he mineral revenue already being received by the state is a critical resource used to run the state and presumably none of it would be available for managing federal public lands contemplated in this study. Likewise, SRS and PILT payments are critical resources to local communities for a wide variety of government functions and purposes including but not limited to roads and schools.
In total, Wyoming currently makes $1.39 billion a year听from its听25 million acres of federal land.听That听money goes directly to the state government鈥攚ithout it having to pay a cent of the federal government鈥檚 $170 million annual budget for managing that land.听
Curious what those numbers look like for Utah, given that state鈥檚 desire to take over its public lands?听It receives $185.2 million annually from federally managed public lands within its borders. That鈥檚 . 听
Other Organizations Need the Revenue from听Wyoming's Public Lands
What happens to the other 52 percent of mineral revenue extracted from Wyoming? Ten听percent of the remaining total goes to federal coffers, to be applied to a variety of programs. Forty听percent helps fund the Bureau of Reclamation听.听One in five western farmers relies on BOR water. The agency鈥檚 hydroelectric power stations generate 40 billion kilowatt-hours of electricity per year. Ten听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鈥檚 economic output is $46 billion a year, supporting over 300,000 jobs.
It would be unlikely that Wyoming would be able to keep all or more of the revenue generated on federal lands than it already receives.
States听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.
Management of federal public lands is an incredibly complex puzzle of interwoven and sometimes conflicting pieces.听We believe the resources of the state would best be utilized if directed at tackling smaller pieces of this puzzle. Federal laws (NEPA,听FLPMA,听NFMA) require Federal agencies to give meaningful consideration to local governments鈥 land use plans (NRPPs) during federal agency decision making processes鈥攇enerally referred to as consistency review. The adoption of a well written, research and data driven Natural Resource Policy Plan by a local government is a critical tool that allows a local government to have a substantive impact on federal decisions, plans, policies, and programs.
…They Just Don't Use Them
This report recommends using and expanding upon existing legislation that already authorizes听certain mechanisms that allow for state and local community involvement in federal land听management which are not currently being utilized to their fullest potential. The resources of the State of Wyoming would be better utilized being directed听at fixing the problems and working to encourage the development of a system more attentive and responsive to the voice of local communities instead of directing resources towards an effort that would ultimately merely pass on the myriad of problems that exist today to the state.
In other words: put up or shut up. Wyoming and other states already have effective tools in place to influence federal management of public lands at both the state and local levels. But听instead of effectively governing by using these tools, local politicians are wasting tax money pursuing solutions that at best aren鈥檛 viable, and at worst will cost citizens their natural heritage, while only benefiting special interests.听
The Bottom Line
The study is blunt about this: transferring听federally managed lands to the state is a terrible idea.
We would not anticipate any substantial gains in revenue production or additional sources of revenue with any transfer of management鈥攃ertainly not enough to offset the enormous costs such an endeavor would likely entail.
Read More
- Fact Checking the GOP's Official Plan To Steal Your Public Land
- The Great Public Land Heist Has Begun
- How I Earned My First Hunting Trophy
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