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Our nation’s public lands provide us with innumerable benefits: habitat for wildlife, protection of important Indigenous sites, and endless opportunities for solace and recreation. But now these lands are in jeopardy.
Some members of Congress are proposing to sell off public lands to balance the federal budget or to develop affordable housing. The need to provide affordable housing is a real problem, but there are currently legal reasonable avenues to address those needs without Congress selling off public lands. And indiscriminately selling off public lands to balance the budget is not a fiscally sound idea since so many rural communities depend on these lands to fuel their economies, and the federal government depends upon revenues generated from activities on public lands.
The proposals in Congress follow a lawsuit launched by Utah last year that claimed the federal government unconstitutionally owns 18.5 million acres of public land in the state. The lawsuit was supported by 13 other states. The states claimed they only wanted to manage these lands, but history shows that when given the opportunity, states sell off their public lands.
Utah and New Mexico, for example, have each sold off more than 4 million acres of public land.
Fortunately, the U.S. Supreme Court announced it would not hear this case–which is very good news– but we know that Utah is now likely to file this lawsuit in federal district court.
Let’s be clear: any proposals to dispose of public lands would forever remove our ability to use these lands and carry on outdoor traditions.
It’s time for ʹappƽ̨ns to defend one of our nation's best ideas - public lands!
Some in Congress have suggested that selling off public lands could offset federal spending to balance the budget. Others have suggested that selling these lands could be the answer to the affordable housing crisis. But selling public lands won’t solve either problem and will only result in significant harm to the wildlife, people, water resources, and communities that rely on them. Public lands are the fuel for rural communities. If public lands are sold off, local economies will suffer.
Under current laws and regulations, we already have ways to properly assess which lands can be sold off for things like affordable housing. And selling assets is not budgeting. No conservative household balances the checkbook by selling off the barn and the pasture. Public lands are economically productive, through grazing fees, hunting licenses, timber harvests, tourism revenue, and oil and gas revenue.
On August 20, 2024, the State of Utah filed suit against the United States, claiming the federal government unconstitutionally holds more than 18.5 million acres of public land in the state. Utah wanted the Supreme Court to find that the federal government cannot hold lands in trust for the public and that the federal government must sell or transfer these lands. Fortunately, on January 13, 2025, the Supreme Court declined to hear this case. But we fully expect Utah to now file this case in federal district court.
If a lower court were to agree with Utah–that the federal government has no constitutional authority to own lands other than for military installations and the nation’s capital, the ruling would not be limited to Utah. It would call into question the federal government’s ownership of public lands in all states.
It is likely that other states would then also actively seek the transfer or sale of public lands within their borders. Thirteen states filed amicus briefs for the Supreme Court lawsuit, including Wyoming, Idaho, Alaska, and the Arizona legislature.
Yes, while the State of Utah states that their claims are limited to only “unappropriated” lands, it is not clear that a ruling in the state’s favor would be so narrow. The logical conclusion of many of Utah’s arguments-–flawed as they may be—suggest that federal ownership is limited only to those purposes specifically identified in the Constitution: forts, magazines, arsenals, dock-yards, other needful buildings, and the nation’s capital.
If Utah wins, we risk losing treasured landscapes like national parks, national monuments, national forests and wildlife refuges.
In all likelihood, they’re ultimately sold off. While Utah calls for federally-owned lands to be transferred to the state, such an outcome is far from certain. Consistent with Utah’s own legal arguments, it’s possible that a lower court will order the federal government to simply sell the lands to the highest bidder.
And even if the federal government transferred ownership to states, there is nothing stopping Utah from selling the lands to private parties. Indeed, Utah law already has a process in place for doing so and could always amend these laws to make the sale easier or even mandatory. As history tells us, states have regularly sold off their own public lands to cover budget shortfalls or when management becomes too expensive.
In all likelihood, Utah will sue the federal government in federal district court, making the same or similar arguments. Given the amicus briefs filed, it wouldn’t be surprising if Utah was joined by other states. The case would then work its way through the appellate process and, once again, the Supreme Court would have the opportunity to consider it.
Utah’s argument flies in the face of over 150 years of established legal precedent and historical practice. Indeed, the Supreme Court has regularly and repeatedly upheld Congress’s “absolute right” under the constitution to hold and manage lands for the benefit of the public. For generations, the federal government has properly and legally held, managed, protected and developed public lands for the benefit of the ʹappƽ̨n people.
From 2014-2016, state legislators in Utah passed several pieces of legislation that called for the transfer of federal public lands to the state of Utah. The state of Utah has no authority to order such a transfer so these efforts were unsuccessful. However, these efforts were the first organized attempts by Utah to obtain ownership of federal lands and prompted two main reactions. First, the conservation community formed broad coalitions and vehemently opposed these efforts - led by the hunting/angling conservation community, as nearly three-fourths of all western hunters rely on public lands. Second, state legislators across the West mirrored Utah’s attempts and introduced dozens of pieces of legislation aimed at transferring federal managed lands to states or attempting to take several types of management authority from federal land managers. But this time is different. Utah wants the federal government to “dispose of” federal lands in its state, which we know means “sell.”
The concept of public lands is uniquely ʹappƽ̨n and envied across the world. There’s something incredible about knowing we all have millions of acres to visit and explore, and there’s no question people love public lands. More than 500 million visitors flock to public lands each year. Our 640 million acres of public lands support myriad recreational and economic opportunities along with providing habitat for thousands of plant and animal species. ʹappƽ̨ns visit public lands with fervor and with them comes an economic engine. Outdoor recreation generates more than $1 trillion annually and supports more than 7.6 million jobs, with the vast majority relying directly upon public lands. Then there’s revenue derived from things like oil and gas, renewable energy development, grazing, and timber, and untold ecosystem services like providing drinking water for 60 million ʹappƽ̨ns and sequestering carbon that are critical to our nation's well-being. Our public lands are the goose that laid the golden egg and they are more popular than ever.
It is a difficult task to manage 640 millions acres across a multitude of landscapes. Doing so takes abundant funding, people power, coordination and expertise. Unfortunately, funding for managing public lands, which must be appropriated by Congress, has steadily declined over the past couple decades while visitorship has increased dramatically. This dynamic has led to landscapes that are in need of better management and more resources. It has also been used as fodder by politicians who criticize federal land managers, often the same politicians who work to cut budgets and staff of land management agencies. So yes, some public lands could be managed better but the answer lies not in selling or transferring these lands to states and away from the public domain, but in providing the necessary resources commensurate with the incredible demands being placed on our public lands, and the incredible services they provide.
The good news is, public lands belong to all of us. We all have a stake in their management and stewardship. We cannot take this job lightly. No longer can we just show up at our favorite spot and expect it to be as healthy, beautiful, and functional as ever. There are too many uses, demands, and stresses on these lands and not enough resources to properly care for them.
That’s where you come in. That’s right, you! Public land managers are required to gather public input on management plans, development projects, and any major actions on public lands. Not only should you pay attention and engage in management activities on your favorite tracts of public lands but you should also advocate for their well being. This means submitting comments and talking with local land managers on proposed actions. It means talking with your lawmakers about appropriately funding land management agencies, and it means enlisting others to do the same.
Help defend against this latest onerous attempt led by the state of Utah to remove public lands from the public domain all together. Please use the resources at nwf.org/halttheheist to engage and check back often for updated information. We need you to help Halt the Heist!
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