HB88 gives state say over U.S. land

State lawmakers have chafed under the yoke of federal land managers for decades. But rural lawmakers think they have a way to force the federal government's hand to allow greater state involvement in decisions on how millions of acres of federal lands are managed in Utah.

Rep. Bradley Johnson, a Republican rancher from Aurora, has filed legislation that would require the state planning coordinator to develop land use management plans — in consultation with local governments — that emphasize the economic importance of such things as oil and gas development, mining, ranching, off-road vehicles, wildlife and watersheds on public lands.

"This will ensure our multiple use and sustained-yield management on public lands," Johnson said. "We're not telling the federal government what to do. We're telling them this is our state policy."

The House Natural Resources, Agriculture and Environment Standing Committee, a group made up of mostly rural lawmakers, last week approved HB88, which now goes before the full House for consideration.

But the bill faces an uncertain future. Federal land management decisions have traditionally been made outside the purview of state policy.

That's why supporters say the law is necessary, especially at a time when the Bureau of Land Management is in the process of developing several land use plans spanning nearly 10 million acres in Utah.

"It is absolutely essential to have state and local partners in the process," said Don Banks, spokesman for BLM's Utah office. "We have signed on more than a dozen counties affected by plans as cooperating agencies. We have similar agreements with the Governor's Office of Planning and Budget. We recognize the special role these cooperating agencies play in management of public lands."

Environmentalists are a little more skeptical about the lengthy bill.

"It seems like a real convoluted piece of legislation," said Scott Groene, an attorney with Southern Utah Wilderness Alliance. "It's difficult to determine what it means at this point."

The proposed law is rooted in federal regulations, the Federal Land Management Policy Act of 1976 (FLMPA) that says federal land use management plans "shall be consistent with state and local plans to the maximum extent they are consistent with federal law."

That by no means requires federal land managers to follow state policy.

"It's been tested and demonstrated time and again federal land management is not controlled by state plans," said Groene. "The troublesome thing about this bill is it is legislating a one-size-fits-all solution that may limit the state planning coordinator from having flexibility to make decisions in Utah in the long run."

Banks agrees, somewhat.