Utah must take control of its public lands

The US Constitution authorizes the central government to possess only that land which is necessary for the District of Columbia and "Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings." (US Constitution, Article 1, Section 8). The Tenth Amendment reserves all other control over land to the individual states.

About 63 percent of Utah is federally owned -- in violation of of the above conditions found in the US Constitution! For many years, the central government has persistently made it ever more difficult for Utahns and visitors to enjoy our public land.

Utahns have consistently shown that we are better suited than the federal government to decide how to use the land within our state. Worse, because the land is under federal control, the state cannot collect any taxes from it.

When Utah became a state, it entered into a compact agreement requiring federal-owned land be turned over to the State. The central government has failed to comply with that compact. Utah has been far too patient.

Now, because of congressional and presidential bickering over federal spending and federal debt, a portion of the central government is shut down. Of course, this shutdown is nothing more than a political game. Nevertheless, Utah and its citizens -- especially communities near the national parks, national forests, national monuments, and national wilderness areas -- are being harmed on the sidelines of this childish political game. Tourists who are visiting Utah to see our lands are also being harmed.

Much of what federal officials are doing regarding park and other closures is absolutely childish and vindictive. It is obvious that the partial shutdown of the central government was designed specifically to focus punishment upon Americans who voted for congressmen who are willing to challenge big-government usurpation of power and reckless spending. The attitude seems to be, "How dare you defy the king!"

It seems to me that now is an ideal time for the State of Utah to assert its right of sovereignty over the lands which the central government wrongfully possesses and controls without "the Consent of the Legislature of the State".

Some of the County Commissioners in Utah have called for a declaration of a state of emergency to get Utah's national parks, national forests, national monuments, and national wilderness areas reopened. I support that move and urge Utah's Governor Gary Herbert to declare an emergency as suggested. But, I'd enhance their request for an emergency a bit:

• Include in the declaration of emergency that the more-than-generous exception in Utah HB.148 (Transfer of Public Lands Act of 2012) for national parks, national forests, national monuments, and national wilderness areas is immediately suspended until the legislature can amend the act to permanently remove the exception. Call an emergency session of the Legislature to remove the exception immediately.
• Declare immediate Utah sovereignty and control over all land currently known as national parks, national forests, national monuments, national wilderness areas, and BLM lands. Declare those lands to immediately be a part of Utah's state forest and state park systems.
• Declare that all federal employees who occupy all land currently known as national parks, national forests, national monuments, national wilderness areas, and BLM lands to be trespassers and subject to immediate arrest and punishment as trespassers.

Here is the governor's chance to enforce Utah HB.148 (Transfer of Public Lands Act of 2012) which he courageously signed in 2012. Yes, the legislation gave the central government until the end of 2014 to comply with HB.148 and with the Utah Statehood Enabling Act of 1894. But, inasmuch as the central government has shown a childish unwillingness to manage these lands in a reasonable manner for the benefit of the People, an emergency early assumption of control and ownership of these lands (which already rightfully belong to the people of Utah) is justified.

I also urge all other governors to coordinate similar actions in all other states. It is way past time to reign in the runaway central government.