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1 Center or American Progress |  State Eorts to ‘Reclaim’ Our Public Lands

State Efforts to ‘Reclaim’ Our Public Lands

Jessica Goad and Tom Kenworthy March 11, 2013

Despie he many problems ha saes and municipaliies ace oday—rom budge shor-

alls o unemploymen—seven wesern saes have decided o embark on unconsiuional

and quixoic batles atemping o orce he ederal governmen o urn millions o acres o 

public lands over o he saes. Doing so, however, would resul in he evenual exploiaion

or privae pros o hese beauiul parks, reuges, oress, and oher lands because he lead-

ers driving such eors would preer o see quick economic gains rom resource exracion

raher han prioriizing hese areas’ more susainable economic uses such as recreaion.

Raher han being managed so ha all Americans can enjoy hem, urning our public

lands over o saes would resul in heir managemen on he whims o governors and

sae legislaures, who in he Wes are oen quie conservaive and end o ideologically 

avor limied regulaion and privae pros. According o one sae lands commissioner,

hese bills would be “caasrophic” o he public lands ha Americans know and love.1

Clashes beween saes and he ederal governmen over heir respecive auhoriies have

long been a regular eaure o our poliics, especially when i comes o issues regarding

conrol over ederal public lands in he Wes. More han 700 million acres o ederal publiclands, including naional parks, naional oress, and naional monumens, belong o all

 Americans, and are remendous economic generaors—he Deparmen o he Inerior

simulaed $385 billion in economic developmen and more han 2 million jobs in 2011

alone.2 A imes, conics over ownership o he ederally managed parks, oress, reuges,

and oher properies have grown ino a regional cause in he Wes, as hey did during he

“Sagebrush Rebellion,” a poliical movemen demanding he urnover o ederal lands o

he saes ha arose in he 1970s bu evenually zzled ou in he lae 1980s.

 We are now seeing ye anoher ieraion o ha hardy bu misguided wesern impulse.

Tese sae legislaive eors are nohing more han corporae-backed messaging

ools ha can be raced o conservaive ron groups such as he American Legislaive

Exchange Council, or ALEC, and Americans or Prosperiy, as we discuss urher below.

Te proposals run direcly conrary o abundan evidence ha Americans and wesern-

ers suppor ederal managemen o heir public lands and value he economic benes

hose lands provide, especially when hey are proeced rom mining and drilling and are

used insead or recreaion and oher more susainable purposes.

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In he pas year, legislaures in seven wesern saes—Uah, Arizona, Wyoming, New 

Mexico, Colorado, Nevada, and Idaho—have passed, inroduced, or explored legisla-

ion demanding ha he ederal governmen urn over millions o acres o ederal public

lands o he saes. I successul, hese bills could be disasrous: Raher han being man-

aged or he bene and use o he American public, hese lands will insead be managed

in whaever way each sae wans o use hem—which generally means maximizing

privae pros hrough mining, drilling, and oher resource exracion.

Tese lawmakers are waging a losing batle ha amouns o litle more han poliical

grandsanding o rally heir exreme conservaive base and eed an anigovernmen

narraive. Such bills conradic he majoriy o public opinion in hese saes, as well as

economic realiies and consiuional preceden daing back o he mid-19h cenury.

 ALEC and Americans or Prosperiy have been anning he re under hese eors o

“reclaim” ederal public lands. ALEC is a conservaive corporae ron group unded by 

ossil-uel ineress such as he Koch brohers and ExxonMobil ha develops model leg-

islaion or sae legislaors o inroduce in heir legislaures,3

and i has endorsed many o he bills urning public lands over o he saes. As he Associaed Press repored,

“Lawmakers in Uah and Arizona have said he legislaion is endorsed by he American

Legislaive Exchange Council, a group ha advocaes conservaive ideals, and hey 

expec i o evenually be inroduced in oher Wesern saes.” 4

Ta should come as litle surprise, considering ha one o ALEC’s “model bills”—

hose ha i dras and develops o shop o various sae legislaors—is he “Sagebrush

Rebellion Ac,” which was “designed o esablish a mechanism or he ranser o owner-

ship o ” non-sae lands “rom he ederal governmen o he saes.”5

Furher evidence ha ALEC is he puppe maser behind hese perormances: Uah

Sae Rep. Ken Ivory (R), who is leading he charge or saes o “ake back” public

lands hrough his “American Lands Council,” has been presening he idea o urning

ederal land over o he saes a ALEC conerences such as he one in Sal Lake Ciy las

summer.6 Addiionally, Rep. Ivory has been promoing his idea o various sae legisla-

ures—he spoke, or example, wih Wyoming’s Join Minerals, Business and Economic

Developmen Inerim Commitee in Ocober 2012.7 

Proponens o hese bills claim ha he saes do no receive ax revenue rom ederal

lands and argue ha he proceeds rom urning he land over o he saes o hen be

urher developed can help und essenial sae services such as educaion.8 Tey also

argue ha he ederal governmen promised o urn public lands over o he saes a he

esablishmen o heir saehoods more han 100 years ago.

Tis issue brie provides an overview o each sae’s atemp o orce he urnover o 

public lands, and hen describes why his is no only bad policy ha is no in accordance

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3 Center or American Progress |  State Eorts to ‘Reclaim’ Our Public Lands

 wih wha weserners acually believe, bu is also unconsiuional based on numerous

Supreme Cour decisions.

State efforts to ‘reclaim’ public lands

In his secion, we provide an overview o each o he bills in seven wesern saes anddeail where hey are in he legislaive process.

Utah

Te Oudoor Indusry Associaion, he rade organizaion or oudoor recreaion com-

panies, noes ha he oudoor economy—in par based on proeced public lands—

simulaes $12 billion in consumer spending and more han 122,000 jobs or Uah every 

 year.9 Tis exraordinary economic resource will be hreaened i he sae succeeds in is

atemp o ake over public lands and insead use hem or resource exracion.

Despie his, Uah has been leading he charge when i comes o sae atemps o

reclaim public lands. Rep. Ivory sponsored he ranser o Public Lands Ac and Relaed

Sudy,10 a bill ha passed boh he sae House and Senae and was signed ino law by 

Gov. Gary Herber (R) in March 2012.11 Te bill esablished a deadline o December

31, 2014, or he ederal governmen o urn over Uah’s nearly 20 million acres o public

lands o he sae, or i will sue.12

Uah’s Ofce o Legislaive Research and General Counsel noed ha he case law 

 wih regard o public lands going back o he 1870s gives he bill “a high probabiliy o  being declared unconsiuional.”13 And he Sal Lake ribune has called Uah’s eor

“iling a windmills.”14 

Despie his, he Uah sae legislaure has already appropriaed nearly $3 million o

cover expeced sae legal expenses and has se up he Uah Land Commission o over-

see he process o reurning he lands o he sae.15

 While he bill exemps Naive American lands, naional parks, and miliary insallaions,

i sill could have a major impac on some o Uah’s mos special places. One Uah publi-

caion, or example, noes ha “While [Ivory] doesn’ say his will happen, i is possible

ha he huge coal elds now o limis because o he Grand Saircase Escalane Naional

Monumen in souhern Uah could be developed by he new sae land commission.” 16

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Arizona

Te oudoor recreaion economy in Arizona creaes $10.6 billion in consumer spend-

ing and suppors nearly 104,000 jobs in he sae.17 Ye Sae Sen. Al Melvin (R) inro-

duced18 S.B. 133219 in he spring o 2012 requiring Congress o urn over 25 million

acres o public lands o he sae by he end o 2014, or i would sue.20 Similar o he

legislaion in Uah, he Arizona bill would have exemped Indian reservaions, naionalparks, and miliary lands.

 Arizona Gov. Jan Brewer (R), however, veoed he bill in May 2012, surprising many 

observers due o her conservaive background. She jusied her veo by saying she was

“concerned abou he lack o cerainy his legislaion could creae or individuals hold-

ing exising leases on ederal lands. Given he difcul economic imes, I do no believe

his is he ime o add o ha uncerainy.”21

 Arizona voers also ook o he polls o gh agains a ballo iniiaive ha similarly 

 would have urned public lands over o he sae.22

Proposiion 120, suppored by saeRepublican legislaors, would have amended he sae’s consiuion o “declare Arizona’s

sovereigny and jurisdicion over he ‘air, waer, public lands, minerals, wildlie and oher

naural resources wihin he sae’s boundaries.’”23 Tis measure would have included

urning he Grand Canyon over o he sae, 24 bu he ballo measure was deeaed 68

percen o 32 percen.25

Wyoming

 Alhough he Oudoor Indusry Associaion released daa noing ha he oudoor econ-omy creaes $4.5 billion in consumer spending and 50,000 direc jobs in Wyoming,26 

Sae Rep. David Miller (R) inroduced a bill in early February 2013 demanding sae

ownership o public lands. Te bill—H.B. 0228, known as he ranser o Federal Lands

Sudy—would require he sae atorney general o sudy “possible legal recourses

available o compel he ederal governmen o relinquish ownership and managemen

o specied ederal lands in Wyoming,” and would esablish a ask orce ocused on he

land ranser.27 Te bill passed boh houses o he sae legislaure earlier his year and

now awais he governor’s signaure.28

Rep. Miller is also he CEO o a uranium mining company and old WyoFile, a local

news oule, ha he go he idea or his bill in Wyoming rom Uah Rep. Ivory’s presen-

aion a las summer’s ALEC conerence in Sal Lake Ciy. 29 

Noably, however, he Wyoming atorney general’s ofce wroe an opinion saing ha

Uah’s ederal land ranser laws relied on “a repeaedly rejeced reading o he Unied

Saes Consiuion and a srained inerpreaion o Uah’s saehood ac.” 30

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New Mexico

Te sae o New Mexico sees $6.1 billion in consumer spending simulaed by he

oudoor recreaion indusry, as well as more han 68,000 jobs every year.31 Neverheless,

New Mexico Sae Rep. Yvete Herrell (R) and Sae Sen. Richard Marinez (D) inro-

duced32 he ranser o Public Land Ac33 in early 2013, calling on he ederal govern-

men o urn 23 million acres o New Mexico’s public lands over o he sae by he endo 2015.34 I also would creae a public lands ranser ask orce o sudy he process o 

aking ownership o hese ederal lands.

 Jumping ino his ray is he Koch-backed conservaive group Americans or

Prosperiy, which called he bill “an exciing change” and urged is members o call

he sae legislaure o express suppor.35 On he oher hand, he sae’s lands com-

missioner saed ha he bill would be “caasrophic,”36 and noed ha a scal impac

analysis shows ha i public lands were ranserred o he sae, he ofce would “need

2,000 more employees and an addiional $218 million o adminiser he land a he

same level as he ederal governmen.”37

Te bill is currenly in he legislaive process, and i is unclear wha New Mexico Gov.

Susana Marinez’s (R) posiion is on i.

Colorado

Colorado is a hospo or he oudoor recreaion economy, which simulaes $13.2 billion

in consumer spending and nearly 125,000 direc jobs o he sae.38 Bu a handul o mem-

 bers in he Colorado sae legislaure are atemping o revive a ailed atemp o las year’slegislaive session by inroducing a bill—known as S.B. 13-142—which would require he

ederal governmen o urn over all “agriculural lands” o he sae.39 Te law’s broad de-

niion o agriculural lands cerainly includes he more han 14 million acres o naional

oress in he sae and likely includes is Bureau o Land Managemen lands.

Sae Rep. Jerry Sonnenberg (R) and Sae Sen. Scot Renroe (R) inroduced he bill in

lae January 2013, requiring he ederal governmen o urn hese lands over o he sae

 by December 31, 2014. Te bill, however, ailed in commitee in early February.40

 A similar bill ailed in las year’s legislaive session aer much criicism rom public and

saewide opinion leaders. As a Denver Pos columnis pu i a he ime, “We are all hop-

ing his goes away very quickly.”41

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Nevada

Nevada sees $14.9 billion creaed by he oudoor recreaion indusry every year, as well

as 148,000 direc jobs.42 And ye Nevada Assemblyman John Ellison (R) and Sae Sen.

Pee Goicoechea (R) are draing a bill or he 2013 legislaive session ha would creae

a commitee “o help broker he ranser o ederal land o he sae,” according o he

 Elko Daily Free Press.43 Legislaion is sill being draed as o lae February.44

Specically modeled aer he Uah bill, he Nevada bill would creae a Nevada Land

Managemen Implemenaion Commitee appoined by couny commissioners, which

 would conduc a sudy anicipaing he eecs ha a land ranser would have on he

sae “in conemplaion o Congress urning over he managemen and conrol o hose

public lands o he Sae o Nevada on or beore June 30, 2015.”45 

Idaho

Te oudoor recreaion economy creaes $6.3 billion in consumer spending in Idaho

per year, as well as 77,000 direc jobs.46 While he Idaho legislaure has no ye ofcially 

considered a bill o urn some or all o he sae’s 33 million acres o public lands over o

he sae, discussions and preparaions o do so are in he works.47 Sae Rep. Lawerence

Denney (R), chairman o he sae’s Resources and Conservaion Commitee, has

expressed ineres in inroducing such a bill.48 Uah Rep. Ivory addressed a join meeing

o he sae’s House Resources and Conservaion Commitee and Senae Resources and

Environmen Commitee in lae January 2013, lauding he Uah bill and is meris.49

Te idea o selling o public lands has no, however, seen poliical success in Idaho. Te Associaed Press repors ha in he sae’s 2006 gubernaorial race, now-Gov. Buch

Oter (R) was orced o wihdraw his suppor or ederal legislaion ha would sell o 

public lands in he Wes o ose coss o Hurricane Karina—only aer “geting bruised

 by his poliical challengers and voers irriaed by he possibiliy o losing some o 

Idaho’s prized backcounry.”50

State efforts are seriously misguided

Tis secion oulines he hree main reasons why sae atemps o “ake back” public

lands are misguided: People in hese saes do no believe here is a problem; he eco-

nomic argumens don’ pan ou; and he eors are unconsiuional.

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People in these states don’t think there is a problem

Cenral o he inen behind and promoion o hese bills is he noion ha people living

in hese seven saes are upse abou he job ha he ederal governmen is doing when

i comes o managing public lands, and ha here is oo much public land prevening

resource developmen. Bu conservaive ideologues are wrong in his regard, which is

indicaed in he daa below.

 A recen poll rom Colorado College’s Sae o he Rockies Projec, or example, asked

 wesern voers wheher hey hink having “oo much public land” is a problem.51 Here

are he answers—eiher ha i is a “serious” problem or ha i isn’ a problem—by sae:

TABLE 1

How western voters feel about having “too much public land”

State Total respondents to the poll

Serious problem Not a problem

Arizona 32% 59%

Colorado 27% 68%New Mexico 32% 60%

Utah 34% 62%

Wyoming 24% 73%

Source: Colorado College State of the Rockies project.

 While his poll did no cover Idaho and Nevada, recen polls in hose saes show similar

senimens. A poll in Idaho, or insance, deermined ha 73 percen o Idahoans agree ha

“One o he hings our ederal governmen does well is proec and preserve our naional

heriage hrough he managemen o oress, naional parks and oher public lands.”52 And

in Nevada, wo-hirds o small-business owners believe ha allowing privae companies o

develop public lands “would limi he public’s enjoymen o hem.”53

Despie wha conservaives wan o hink, he wesern public undersands ha here is

a role or he ederal governmen in managing public lands and doesn’ wan o see he

land urned over o saes or privae ineress.

Economic arguments don’t pan out

 Anoher key argumen ha proponens o such bills make is ha he ederal governmen

is “locking up” public lands ha could be used or economic developmen such as mining

and drilling. o make his argumen more appealing, some o he bills ranser a porion

o he unds rom selling or developing lands o sae public educaion unds and send he

res o relieve he naional deb. As Uah Rep. Ivory pu i, “I we unleash hose resources in

a responsible, susainable manner, ha’s a mater o naional employmen. Ta’s a mater

o naional economic GDP growh; ha’s a mater o naional deci and deb reducion.”54 

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Bu conservaives miss wo key poins in making hese economic argumens. Firs,

public lands already provide an exraordinary economic impac, boh rom radiional

resource developmen currenly allowed on he lands such as mining, drilling, and

imber, and rom oudoor recreaion on proeced lands. Second, hey ail o noe ha

adequaely managing millions more acres o land will be very difcul or saes acing

 budge consrains.

Public lands provide remendous economic impacs. Te Deparmen o he Inerior—

he agency ha manages mos public lands—simulaed $385 billion in economic

developmen and more han 2 million jobs in 2011 alone.55 Tis number includes he

exracion o oil, gas, coal, and oher minerals rom public lands, in addiion o imber,

grazing, and recreaion. Recreaion-relaed aciviies alone creaed 403,000 jobs and

nearly $49 billion in economic aciviy across he counry. Te U.S. Fores Service,

 which manages naional oress, also has major economic impacs—visior spending on

recreaion in and near naional oress, or example, added $13 billion o gross domesic

produc and susained 200,000 jobs across he counry in scal year 2011.56 

Te ac ha public lands creae jobs is echoed in public senimen. In six wesern saes,

or example, 79 percen o voers believe ha public lands suppor he economy, while only 

15 percen believe hey “ake land o he ax rolls, cos governmen o mainain hem, and

preven opporuniies or logging and oil and gas producion ha could provide jobs.” 57 

Regarding he second poin abou saes likely no being prepared or he burden o 

managing an inux o public lands, Jodi Peerson o High Counry News , a publicaion

 based in Paonia, Colorado, says i bes:

 I ha ranser ever does occur, he old adage “Be careul wha you wish or” migh apply. Cash-srapped saes would have rouble covering even minimal managemen o 

 ormer ederal land … [and] here aren’ ready buyers or hese millions o acres.58

 The attempts are unconstitutional

Finally, i is imporan o keep in mind ha hese atemps are unconsiuional, according

o case law daing back o he 1800s, and hereore will only serve o wase sae axpayers’

money. Each o he sae atemps o orce Congress o urn over public lands reerences

he sae’s enabling ac—he language ha made i a sae o begin wih. Proponens say he

ederal governmen has no kep is promise o give he public lands back o he saes.

Bu in realiy his is jus no rue. Each o hese enabling acs ha he saes agreed o in

order o become members o he union renounced heir claims o ederal public lands.

Here are he relevan secions o each sae consiuion or enabling ac:

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• Utah: “Ta he people inhabiing said proposed Sae do agree and declare ha hey 

orever disclaim all righ and ile o he unappropriaed public lands lying wihin he

 boundaries hereo”59

• Arizona: “Ta he people inhabiing said proposed Sae do agree and declare ha hey 

orever disclaim all righ and ile o he unappropriaed and ungraned public lands lying

 wihin he boundaries hereo and o all lands lying wihin said boundaries”60

• Wyoming: “Te people inhabiing his sae do agree and declare ha hey orever disclaim

all righ and ile o he unappropriaed public lands lying wihin he boundaries hereo” 61

• New Mexico: “Ta he people inhabiing said proposed sae do agree and declare

ha hey orever disclaim all righ and ile o he unappropriaed and ungraned pub-

lic lands lying wihin he boundaries hereo”62

• Colorado: “Ta he people inhabiing said erriory do agree and declare ha hey 

orever disclaim all righ and ile o he unappropriaed public lands lying wihinsaid erriory”63

• Nevada: “Ta he people inhabiing said erriory do agree and declare ha hey 

orever disclaim all righ and ile o he unappropriaed public lands lying wihin

said erriory, and ha he same shall be and remain a he sole and enire disposi-

ion o he Unied Saes”64

• Idaho: “And he people o he sae o Idaho do agree and declare ha we orever

disclaim all righ and ile o he unappropriaed public lands lying wihin he

 boundaries hereo ”65

In even urher proo ha hese are atemps are unconsiuional, he U.S. Supreme

Cour has spoken many imes on his issue. Ironically, he case law in his regard was dis-

cussed by Uah’s own Ofce o Legislaive Research and General Counsel in is opinion

on he Uah bill, saing:

Te Supreme Cour o he Unied Saes has ruled ha “[w]ih respec o he public

domain, he Consiuion vess in Congress he power o disposiion and o making all

needul rules and regulaions. Ta power is subjec o no limiaions. Congress has he

absolue righ o prescribe he imes, he condiions, and he mode o ranserring his

 propery, or any par o i, and o designae he persons o whom he ranser shall be

made. No Sae legislaion can inerere wih his righ or embarrass is exercise; and

o preven he possibiliy o any atemped inererence wih i, a provision has been

usually insered in he compacs by which new Saes have been admited o he Union,

ha such inererence wih he primary disposal o he soil o he Unied Saes shall

never be made.” Gibson v. Choueau, 80 U.S. 92 (1872). 66 

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 Addiionally, a Congressional Research Service repor in 2007 on he hisory o ederal

land managemen and he Consiuion noed ha:

Te U.S. Consiuion addresses he relaionship o he ederal governmen o lands.

 Aricle IV, § 3, Clause 2—he Propery Clause—gives Congress auhoriy over ederal

 propery generally, and he Supreme Cour has described Congress’s power o legislae

under his Clause as “wihou limiaion.” Te equal ooing docrine (based on languagewihin Aricle IV, § 3, Clause 1), and ound in sae enabling acs, provides new saes

wih equaliy o he original saes in erms o consiuional righs, bu has no been used

successully o orce he divesmen o ederal lands. Te policy quesion o wheher o

acquire more, or o dispose o any or all, ederal lands is lef o Congress o decide.67 

Conclusion

Despie he ac ha hose living in hese seven saes do no undamenally agree wih

he atemps o “ake back” public lands, ha he economic argumens or i are incom-plee, and ha he eors are unconsiuional, conservaives in hese sae legislaures

across he Wes have sill inroduced bills demanding he ederal governmen urn

ederal public lands over o he saes. Eors in Uah, Arizona, Wyoming, New Mexico,

Colorado, Nevada, and Idaho are misguided and merely serve o an he re o exreme

and ruiless rheoric a he axpayers’ expense.

 Jessica Goad is Manager o Research and Oureach or he Public Lands Projec a he Cener 

 or American Progress. om Kenworhy is a Senior Fellow a he Cener.

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Endnotes

1 Stella Davis, “New Mexico lands commissioner says ederalland swap would be ‘catastrophic,’”Carlsbad Current-Argus,February 14, 2013, available at http://www.currentargus.com/ci_22588817/new-mexico-lands-commissioner-says-ederal-land-swap.

2 Department o the Interior, The Department of the Interior’s

Economic Contributions, Fiscal Year 2011 (2012), availableat http://www.doi.gov/americasgreatoutdoors/loader.cm?csModule=security/getle&pageid=308931.

3 “ALEC FAQ,” available at http://www.alecexposed.org/wiki/What_is_ALEC%3F (last accessed February 2013).

4 Josh Lotin and Michelle L. Price, “Lawmakers pick ght witheds over public lands,” Associated Press, March 7, 2012,available at http://news.yahoo.com/lawmakers-pick-ght-eds-over-public-lands-083347841.html.

5 “Sagebrush Rebellion Act,” available at http://heartland.org/sites/all/modules/custom/heartland_migration/les/pds/6252.pd (last accessed February 2013).

6 Gregory Nickerson, “Rep. David Miller ofers bill to studytranser o ederal lands to Wyoming,” WyoFile, February 13,2013, available at http://wyole.com/2013/02/rep-david-miller-ofers-bill-to-study-transer-o-ederal-lands-to-

wyoming/.

7 Dustin Bleizefer, “Utah lawmaker; Wyoming in good posi-tion to take ownership o ederal lands,” WyoFile, October16, 2012, available at http://wyole.com/2012/10/utah-lawmaker-wyoming-in-good-position-to-take-ownership-o-ederal-lands/.

8 Utah Gov. Gary Herbert, “Governor Herbert, Federal Delega-tion, and State Legislators Join Together to Demand Transero Public Lands to Utah,” Press release, March 23, 2012, avail-able at http://www.utah.gov/governor/news_media/article.html?article=6847.

9 “Outdoor Recreation Economy,” available at http://www.outdoorindustry.org/advocacy/recreation/economy.html (last accessed February 2013).

10 Transfer of Public Lands Act and Related Study , State o UtahH.B. 148, available at http://le.utah.gov/~2012/bills/hbil-lamd/hb0148.htm.

11 Utah Gov. Gary Herbert, “Governor Herbert, Federal Delega-tion, and State Legislators Join Together to Demand Transero Public Lands to Utah.”

12 Charles Geraci, “Range war ahead? Utah legislator propos-ing bill to receive ownership o ederal lands within state,”Herald Journal News, January 14, 2012, available at http://news.hjnews.com/news/article_a0ca47d4-3e61-11e1-9ed2-001871e3ce6c.html.

13 Transfer of Public Lands Act and Related Study .

14 “Tilting at windmills,” Salt Lake Tribune, February 23,2012, available at http://www.sltrib.com/sltrib/opin-ion/53568353-82/state-utah-ederal-running.html.csp. 

15 Dennis Romboy, “Herbert signs bill demanding eds cedepublic lands to Utah,”Deseret News, March 23, 2012, avail-able at http://www.deseretnews.com/article/865552769/

Herbert-signs-bill-demanding-eds-cede-public-lands-to-Utah.html. 

16 “Bill Stakes Claim to Federal Lands in Utah,” Utah Pulse,January 30, 2012, available at http://utahpulse.com/bookmark/17331882-Bill-Stakes-Claim-to-Federal-Lands-in-Utah. 

17 “Outdoor Recreation Economy.”

18 “More nonsense in attacking US government,” Arizona Daily Star , May 6, 2012, available at http://azstarnet.com/news/opinion/more-nonsense-in-attacking-us-government/article_b4d88739-ce85-5b6a-a736-c25e20b2364e.html.

19 State o Arizona S.B. 1332, available at http://www.azleg.gov/legtext/50leg/2r/bills/sb1332h.pd .

20 Shaun McKinnon and Yvonne Wingett Sanchez, “Arizonalawmakers push to take over ederal land,” Arizona Republic ,March 25, 2012, available at http://www.azcentral.com/news/articles/2012/03/23/20120323arizona-ederal-land-takeover.html.

21 Paul Davenport, “Ariz. gov. vetoes bill that demanded ed-eral land,” Associated Press, May 15, 2012, availabl e at http://www.guardian.co.uk/world/eedarticle/10242452.

22 Tim Gaynor, “Arizonans to vote on taking Grand Canyon,other lands rom ederal control,” Reuters, October23, 2012, available at http://usnews.nbcnews.com/_news/2012/10/23/14643160-arizonans-to-vote-on-taking-grand-canyon-other-lands-rom-ederal-control?lite.

23 “Arizona deeats ballot measure contesting Grand Canyonownership,” Reuters, November 7, 2012, available at http://www.nbcnews.com/id/49722850/ns/politics/t/arizona-

deeats-ballot-measure-contesting-grand-canyon-owner-ship/#.USviKWdAprU.

24 Alex Seitz-Wald, “Is Arizona trying to steal the GrandCanyon?”, Salon, October 22, 2012, available at http://www.salon.com/2012/10/22/is_arizona_trying_to_steal_the_grand_canyon/.

25 “2012 Ballot Measure Election Results: Arizona,” availableat http://ballotnews.org/2012/11/09/2012-ballot-measure-election-results-arizona/ (last accessed February 2012).

26 “Outdoor Recreation Economy.”

27 Transfer of federal lands-study , State o Wyoming H.B. 0228,available at http://legisweb.state.wy.us/2013/Engross/HB0228.pd .

28 Laura Hancock, “Wyoming may look at ways to manageederal land,” Casper Star-Tribune, February 26, 2013, avail-able at http://billingsgazette.com/news/state-and-regional/

wyoming/wyoming-may-look-at-ways-to-manage-ederal-land/article_bc9040d9-cd5e-516b-a203-5240a67c62e.html?comment_orm=true.

29 Gregory Nickerson, “Rep. David Miller ofers bill to studytranser o ederal lands to Wyoming.”

30 Ibid.

31 “Outdoor Recreation Economy.”

32 Stella Davis, “Bill would move New Mexico’s ederal landsinto state custody,” Carlsbad Current-Argus, February 7, 2013,available at http://www.currentargus.com/ci_22539422/bill-would-move-new-mexicos-ederal-lands-into.

33 Transfer of Public Lands Act , State o New Mexico H.B.292, available at http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20292&year=13 

34 Stella Davis, “New Mexico lands commissioner says ederalland swap would be ‘catastrophic.’”

35 “This Land is Our Land, Let’s Keep It That Way!”, availableat http://americansorprosperity.org/new-mexico/legisla-tivealerts/this-land-is-our-land-lets-keep-it-that-way/ (lastaccessed February 2012).

36 Stella Davis, “New Mexico lands commissioner says ederalland swap would be ‘catastrophic.’”

7/29/2019 State Efforts to ‘Reclaim’ Our Public Lands

http://slidepdf.com/reader/full/state-efforts-to-reclaim-our-public-lands 12/12

12 C t A i P | St t E t t ‘R l i ’ O P bli L d

37 Ibid.

38 “Outdoor Recreation Economy.”

39 State o Colorado S.B. 13-142, available at http://www.statebillino.com/bills/bills/13/142_01.pd .

40 “Final BILL SUMMARY or SB13-142, SENATE COMMITTEE ONSTATE, VETERANS, & MILITARY AFFAIRS,” available at http://www.leg.state.co.us/CLICS/CLICS2013A/commsumm.ns/b4a3962433b52a787256e500670a71/b63b03814032aa587257b00072a00e?OpenDocument (last accessed March2013).

41 Scott Willoughby, “Colorado outdoors: House Bill 1322 quali-es as a bad idea,”Denver Post , March 25, 2012, availableat http://www.denverpost.com/willoughby/ci_20250322/willoughby-colorado-outdoors-house-bill-1322-qualies-bad.

42 “Outdoor Recreation Economy.”

43 Dylan Wool Harris, “Public land, community college top lo-cal representatives’ priorities,” Elko Daily Free Press, February4, 2013, available at http://elkodaily.com/news/local/public-land-community-college-top-local-representatives-priori-ties/article_9120814-6e7b-11e2-b35-0019bb29634.html.

44 “Public Lands Legislation,” KENV News 10, February 26, 2012,available at http://www.kenvtv.com/news/story/Public-Lands-Legislation/F--5hJHNoUi51kk3agyv0A.cspx. 

45 Harris, “Public land, community college top local representa-

tives’ priorities.”

46 “Outdoor Recreation Economy.”

47 Jonathan Oppenheimer, “Reader’s View, public lands: They’re xing to steal your lands ... again,” Idaho Statesman,February 20, 2013, available at http://www.idahostatesman.com/2013/02/20/2458692/theyre-xing-to-steal-your-lands.html.

48 Dan Popkey, “Ex-Speaker Denney looks to new challenges,”Idaho Statesman, December 9, 2012, available at http://www.idahostatesman.com/2012/12/09/2374850/ex-speak-er-denney-looks-to-new.html#storylink=misearch. 

49 “Idaho looks at ghting eds or control o public lands,”Associated Press, January 21, 2013, available at http://www.oregonlive.com/pacic-northwest-news/index.ss/2013/01/idaho_looks_at_ghting_eds_.html.

50 Ibid.

51 Colorado College State o the Rockies Project, “2013 WEST-ERN STATES SURVEY,” available at http://www.coloradocol-lege.edu/other/stateotherockies/conservationinthewest/CWPOverallInterviewSchedule2013.pd. 

52 Moore Inormation, “Idaho Voters,” available at http://www.idahoconservation.org/les/idaho-outdoor-business-coun-cil-poll-2012 (last accessed February 2013).

53 Small Business Majority, “Our Research: Public Lands,” avail-able at http://www.smallbusinessmajority.org/small-busi-ness-research/public-lands/ (last accessed February 2013).

54 Kirk Johnson, “Utah Asks U.S. to Return 20 Million Acreso Land,” The New York Times, March 23, 2012, available athttp://www.nytimes.com/2012/03/24/us/utah-bill-asks-gov-ernment-to-give-back-more-than-20-million-acres-o-land.html.

55 Department o the Interior, The Department of the Interior’sEconomic Contributions, Fiscal Year 2011.

56 U.S. Forest Service, National Visitor Use Monitoring Results,USDA Forest Service, National Summary Report (Departmento Agriculture, 2012), available at http://www.s.ed.us/recre-ation/programs/nvum/nvum_national_summary_y2011.

pd. 

57 Colorado College State o the Rockies Project, “2013 WEST-ERN STATES SURVEY,” available at http://www.coloradocol-lege.edu/other/stateotherockies/conservationinthewest/CWPOverallInterviewSchedule2013.pd (last accessedFebruary 2013).

58 Jodi Peterson, “Western legislatures grab or control o public lands,” High Country News, May 14, 2012, available athttp://www.hcn.org/issues/44.8/western-legislatures-grab-or-control-o-public-lands. 

59 “Enabling Act, Approved, July 16, 1894,” available at http://archives.utah.gov/research/exhibits/Statehood/1894text.htm (last accessed February 2013).

60 “Enabling Act,” available at http://www.azleg.state.az.us/const/enabling.pd (last accessed February 2013).

61 “Wyoming Constitution,” available at http://legisweb.state.wy.us/statutes/constitution.aspx?le=titles/title97/title97.htm (last accessed February 2013).

62 “Enabling Act or New Mexico,” available at http://class-wp.digitaltrike.com/wp-content/uploads/2012/10/Enabling_Act3.pd (last accessed February 2013).

63 “Colorado Enabling Act,” available at http://class-wp.digi-taltrike.com/wp-content/uploads/2012/09/Enabling_Act1.pd (last accessed February 2013).

64 “Act O Congress (1864) Enabling The People O Nevada To Form A Constitution And State Government,” availableat http://leg.state.nv.us/Division/Research/Library/Docu-ments/HistDocs/1864Act.pd (last accessed February 2013).

65 “Constitution o the State o Idaho,” available at http://legis-lature.idaho.gov/idstat/IC/ArtXXISect19.htm (last accessedFebruary 2013).

66 Transfer of Public Lands Act and Related Study .

67 Kristina Alexander and Ross W. Gorte, “Federal Land Owner-ship: Constitutional Authority and the History o Acquisi-tion, Disposal, and Retention” (Washington: CongressionalResearch Service, 2007), available at http://assets.opencrs.com/rpts/RL34267_20071203.pd .