The Quiet Plan to Sell Off America’s National Forests: Episode 2

It's time to let your U.S. Senators know what you think,Weber County Forum readers, even while your U.S. congresscritters continue to believe this nefarious land grab scheme yet remains under the radar, wethink

Following up on our 3/18/15 story, wherein we reported a "quiet" U.S. Congessional plan to seize and sell off America’s national forests and other public lands, we've stumbled upon two more online stories reporting that the implementation of this scheme is well underway in the U.S. Congress:

First, the TRCP Blog blows the whistle on a series of senate budget resolutions which "put members of the Senate on record on several issues important to sportsmen."

Not the least important of these resolutions is this, the TRCP story notes:

Besides the basic funding levels, the giant alarm bell coming from the budget resolution was the amendment offered by Senator Lisa Murkowski (R-AK) that essentially encourages Congress to “sell, or transfer to, or exchange with, a state or local government any Federal land that is not within the boundaries of a National Park, National Preserve, or National Monument…” The amendment passed 51-49. Here is a roll call of the vote.

Read the full story here, folks, which includes a link to an online petition designed to nip this scheme in the bud:

• The sale of your public lands is more possible now than ever

Secondly, we'll refer to yesterday's Daily Kos story, which reports that "One of the 43 amendments passed by Senate Republicans in Thursday's vote-a-rama was a sop to extremist state legislatures in the west who have been pushing states' rights bills that would allow the states to sell off the federal public lands within their borders." "That's right, congressional Republicans—federal representatives—want to allow states to seize and sell off the nation's heritage," Daily Kos remarks:

• This land is our land? Not if Republicans have their way

For those Weber County Forum readers who might be keen on taking direct political action, here's a link to the above-referenced sportmen's access petition, folks:

• Online Petition Tell your decision maker: stop the seizure and sale of public lands

Alternatively or additionally, call your Senator’s office at (202) 224-3121 and thank them if they voted ‘No’ or voice your concern if they voted ‘Yes’ See how they voted here.  (That's right, gentle readers; Utah Senators Hatch and Lee both voted  ‘Yes’)

It's time to let your U.S. Senators know what you think,Weber County Forum readers, even while these sneaky congresscritters continue to believe this nefarious land grab scheme yet remains under the radar, wethink.

Update 4/1/15 9:31 a.m.: Surprize of surprises.   The Deseret News reports this morning that Congressman Rob Bishop will be "running interference" for this congressional land giveaway scheme at the local Utah state level:

• Rep. Rob Bishop plans public lands hearings on federal ownership

Rep. Bishop's Billionaire Puppetmasters must certainly be proud.

Nation of Change: The Quiet Plan to Sell Off America’s National Forests

If  Rep Ivory succeeds in enlisting Rep. Bishop and the rest of our Republican dominated U.S. congress in this knuckle-headed scheme,  Ivory will no doubt get the last laugh

Distrurbing news item picked up by your blogmeister from the Nation Of Change website yesterday, whilst googling.  Here's the lede, folks:

A proposal to seize and sell off America’s national forests and other public lands could make its way into the House GOP’s budget resolution when it is announced this week.
In a recent memo to the House Budget Committee, Rep. Rob Bishop (R-UT), chair of the House Natural Resources Committee, proposed that America’s public lands be transferred to state control. He then requested $50 million of taxpayer money to be spent to enable transfers to “start immediately.” The memo states that public lands “create a burden for the surrounding states and communities,” and “the solution is to convey land without strings to state, local, and tribal governments.”
Bishop’s plan and similar proposals to give away America’s public lands are controversial. A majority of voters in those regions believe the proposals would likely result in states having to raise taxes, open prized recreation areas to drilling and mining, or sell lands to private interests to cover the substantial costs of management.
Despite these concerns — and despite the fact that these proposals are extremely expensive, unpopular, and most importantly, unconstitutional — there is a strong likelihood that Rep. Bishop’s request will be included in the House GOP’s budget, thanks to intensive lobbying efforts by a handful of right-wing politicians and special interest groups.

Read the full story, Weber County Forum readers:

• The Quiet Plan to Sell Off America’s National Forests

Surprise of surprises, Utah State Rep. Ken Ivory's grubby fingerprints are all over this cheesy plan to dispose of our precious public lands:

As reported by E&E Daily, the American Lands Council (ALC), an organization founded by Utah state Rep. Ken Ivory (R), hired a lobbyist at the end of last year to “educate congressional lawmakers on the benefits of relinquishing federal lands to the states.” Federal lobbying disclosure forms show that the ALC paid the lobbyist, Michael Swenson, $150,000 for just three months of lobbying work.

Cutting to the chase, we'll shine the spotlight upon this particularly disturbing paragraph:

A recent flood of state-level proposals to seize and sell off America’s public lands is the result, in part, of efforts by the Koch-backed American Legislative Exchange Council (ALEC) to disseminate ‘model legislation’ to conservative lawmakers in Western states.

Perhaps some of us had previously believed that the ethically-conflicted Rep Ivory had been merely tilting at windmills, in his all-consuming (and seemingly comical) quest to pull off  his proposed "sagebrush rebellion-style" land-grab:

• Utah Rep. Ken Ivory's quest for state control of public lands is all-consuming.

Take our word for it, people.  If Mr. Ivory succeeds in enlisting Rep. Bishop and the rest of our Republican dominated U.S. Congress toward adopting this knuckle-headed scheme,  Ivory (and the Koch Brothers) will no doubt get the last laugh, folks.

We'll be closely watching future developments in this story, of course.  Stay tuned.

Wednesday Morning 2015 Utah Legislative News Roundup

Via Utah Policy, and with two days remaing in in the 2015 Utah legislative session, here are this morning's "top ten headlines," folks:

• It certainly seems like legislators are on the road to doing nothing on Medicaid expansion during the 2015 session [Utah Policy, Deseret News].
• There are still a number of big issues left in the final two days of the 2015 session [Tribune].
• The non-discrimination/religious liberties bill has one more hurdle to clear after a House committee sends it to the full House for consideration [Tribune, Deseret News].
• A new poll shows a sharp divide in Utah on the issue of religious freedoms [Utah Policy].
• Another survey finds a majority of Utahns oppose moving the prison from Draper. Those results are consistent with a similar poll conducted in December. Surprisingly, Utah's Democrats seem to be changing their mind on the issue  [Utah Policy].
• A measure providing for non-partisan school board elections takes another step forward on the Hill after a Senate committee gives it the thumbs up [Utah Policy,Tribune, Deseret News].
• Lawmakers send a bill allowing police officers to pull over motorists for not wearing a seatbelt to the governor's desk [Deseret News, Tribune].
• The Senate gives final passage to a measure restoring the firing squad as a backup plan for executions if the chemicals for lethal injections are unavailable [Tribune, Deseret News, ABC 4].
• Legislators ask for $500,000 to study how a transfer of public lands to state control could benefit Utah's public schools [Tribune].
• The public tends to side with Gov. Gary Herbert when there's a conflict between him and the legislature according to a new survey [Utah Policy].

The world wide web awaits your ever-savvy comments, folks.

Wednesday Morning 2015 Utah Legislative News Roundup

Count My Vote delay falls in the Senate. Healthy Utah wins Senate approval, but there's not enough support in the House. Lawmakers may sidestep a vote on relocating the prison.

Via Utah Policy, here are this morning's "top ten headlines," folks:

• The Utah Senate kills a proposed delay to the Count My Vote compromise [Utah Policy, Tribune, Deseret News].
• Gov. Gary Herbert's Healthy Utah plan wins preliminary support in the Senate, but House leadership says there is not enough support in their body to pass the Medicaid expansion alternative [Utah Policy, Tribune, Deseret News].
• Lawmakers may let the prison commission make the final decision on relocating the Utah State Prison, allowing them to sidestep a politically risky vote [Utah Policy, Deseret News, Tribune].
• Gov. Herbert says he's still optimistic that lawmakers will go along with his proposal to pump $500 million into public education coffers [Deseret News].
• A new poll finds 55% of Utahns support the fight to win control of public lands from the feds [Utah Policy].
• The Utah Senate passes a bill giving the Utah Attorney General 18-months to file a lawsuit laying claim to public lands within the state's borders [Tribune].
• Gov. Herbert is worried a proposed death with dignity bill could turn into a "Kevorkian scheme" [Tribune].
• A Senate panel approves a bill setting campaign contribution limits clears a House committee [Deseret News].
• Registration fees for alternative fuel cars could see a huge jump under a bill approved by the Senate Transportation Committee [Tribune, Deseret News].

We're toying with idea of making this a regular daily feature during the final 15 days of the 2015 Utah legislative session.  What do you think about this, folks? 

Tuesday Morning 2015 Utah Legislative News Roundup

Utahns overwhelmingly support plan for massive school funding boost. The Senate advances proposed constitutional amendment to kill Count My Vote. Non-discrimination legislation coming later this week

Via the hard-working folks at Utah Policy, we're delighted present this boffo collection of WCF-topical morning news stories, reflecting pending action in the 2015 Utah legislature, as of this morning:

• Capitol Hill sources say legislators should unveil their non-discrimination and religious liberty proposals later this week [Utah Policy].
• Utah legislators are now taking applications from outside lawyers tho want to aid the state in the fight over control of public lands [Tribune].
• Senators kill a bill allowing the state to adopt tougher clean-air standards than those set by the federal government [Deseret News].
• A Senate panel approves a bill clamping down on anonymous campaign donations [Deseret News].
• A Senate committee holds a measure banning those under the age of 19 from entering tobacco shops on concerns it may set up some unintended consequences [Utah Policy, Tribune].
• Lobbyists may ditch wearing nametags under a proposed bill approved by a Senate committee on Monday [Tribune].
• A bill requiring new drivers to take an additional written test before getting their license wins final approval and now heads to the governor [Tribune].
• The House passes a measure giving teachers a modest tax credit for buying classroom supplies with their own money [Tribune].

Kudos to the fine folks at Utah Policy, for doing all the footwork.

Don't let the cat get your tongues, O Gentle Ones

Salt Lake Tribune: Bill: Government Lawyers Must Study Federalism

Rep. Ken Ivory: The best danged Utah legislative representation that corporate money can buy

Via a couple of "friends" of Weber County Forum :

"If the Utah legal community doesn't rise up against this then they deserve to sit in reeducation classes listening to some jackass from the Sutherland Institute lecture them on the virtues of nullification" - Patrick B.

Here's the gist from this morning's Salt Lake Tribune story:

Rep. Ken Ivory says lawyers for the state and local governments know too little about states’ rights to effectively battle the federal government. So he is moving to require them ­— and judges ­— to take an online seminar every two years to stress the "sovereignty, supremacy and jurisdiction" of states.

The House Government Operation Committee voted 7-1 Friday to pass his HB120 imposing that new rule and sent it to the full House.

Read Trib reporter Lee Davidson's full writeup, folks:

• Bill: Government lawyers must study federalism

"You have to admit that Ivory works fast. On Jan 9th his "keepers" at ALEC posted model legislation entitled "Federalism Education Requirements for Public Attorneys" and here we are a little over 5 weeks later and it is before the Utah House. He represents his billionaire patrons quite well" - Donald A.:

• ALEC - Federalism Education Requirements for Public Attorneys

Rep. Ken Ivory (R-West Jordan): The best danged Utah legislative representation that corporate money can buy:

Click to enlarge image

Don't let the cat get your tongues, O Gentle Ones...

Salt Lake Tribune: Legislature Repeals Bill to Limit Feds’ Law Powers

"There are better ways to resolve these issues than to pass a [message] bill that we will have to repeal and litigate in court later on." - Rep. Patrice Arent, D-Millcreek

Gotta admit we were a mite surprised at how this story ended with a whimper.  We were sure that Utah's nutjob "Cowboy State Representative from Kanab" would bravely insist on taking this issue all the way to the U.S. Supreme Court, rather than to weasel out with his tail between his legs:

"Faced with a likely legal defeat over a bill’s constitutionality, the Utah Legislature on Wednesday repealed a measure limiting federal land agencies’ law enforcement powers. HB155 sponsor Rep. Mike Noel, R-Kanab sought the repeal "on advice of counsel" after U.S. District Judge David Nuffer issued" in quick succession (slam-dunk style) a temporary restraining order and a "preliminary injunction blocking the law’s implementation." Coincidentally, this is the same "advice of counsel" which  Noel ignored when he somehow managed to "snooker" our entire Weber County legislative delegation (among others) and rammed this knuckle-headed bill through the legislature at the outset.

• Legislature repeals bill to limit feds’ law powers

"We need to learn from this experience so we won’t make this mistake in the future," said Rep. Patrice Arent, D-Millcreek, one of the few [level-headed] House members who had voted against the bill earlier this year. "There are better ways to resolve these issues than to pass a [message] bill that we will have to repeal and litigate in court later on."

Sadly, that'll never work in our tea-party-owned and controlled Utah State Legislature, where thumbing their legislative noses at the federal government is job #1, and the cost of defending facially unconstitutional legislation in federal court is no object (well almost).

Salt Lake Tribune: Judge Blocks Utah Law Limiting Federal Authority on Public Lands

Added bonus: Another timely reminder of exactly which "fiscally conservative" Weber County legislators voted in favor of this hare-brained and facially unconstitutional bill

Well... we hate to say "we told you so..." but we told you so, when we reported that U.S District Judge David Nuffer on May 14 had "signed a temporary restraining order blocking Rep. Mike Noel's HB155  from taking effect until a June hearing on a longer-term injunction," and accurately predicted that this "temporary order would be the first of several federal injunctions coming up over the next few months":

Here's the gist of the latest development  this case, via the Salt Lake Tribune, folks:

A federal judge on Friday blocked Utah’s latest anti-federal law, saying HB155 appears to impose the state’s will on federal land management and "creates irreparable harm to the constitutional order."

After fielding arguments on the law that seeks to limit federal police powers on public lands, U.S. District Judge David Nuffer issued a preliminary injunction pending a final ruling at trial.

And here's the full story for those who'd like to read up:

• Judge blocks Utah law limiting federal authority on public lands

"Well there goes another million or so tax dollars down the drain that could have been better use[d] like the Utah education system....," sez one astute SLTrib reader.

"So much for the chest-puffing," says another.

And here's a reminder of exactly which "fiscally conservative" Weber County legislators voted in favor of this hare-brained and facially unconstitutional bill, which will most certainly go down in permanent injunction flames, if it ever does make its way to trial in Judge Nuffer's federal trial court:

• Weber County Legislators' HB 155 "Yea" Votes

Something for all Weber County voters to think about when our 2014 Utah General elections roll around a little less than 1-1/2 years from now, yes?

"Insanity: doing the same thing over and over again and expecting different results," said the wise old perfesser, if ya know what we mean, and we think you do...

Salt Lake Tribune: Feds Block Utah Law Over Police Power on Public Lands

Something to think about the next time our Weber County legislative "critters" are out campaigning under the "government frugality" banner, no?

For openers this morning, we'd like to direct our readers' attention to an eye-opening story in this morning's Salt Lake Tribune, reporting on the latest blowback from the 2013 Utah legislative session, wherein our Sage Brush Rebellion "cowboy" legislature, in a fit of Utah-style, anti-federal government sentiment,  gleefully passed Rep. Mike Noel's HB155, among other wonderful things.  This bill, which was "narrowly" drafted to limit the law-enforcement authority of employees of federal land-management agencies, has now landed in federal court in what has to be record time, a mere 36 days after the adjournment of the 2013 session. HB 155 was of course just one of a series of 2013 legislative bills designed to "curb" federal government clout, (translation: get in the federal government's face.) Read up folks about what we expect to be the first of several federal injunctions coming up over the next few months:

• Feds block Utah law over police power on public lands

Referring to the U.S. attorney's 2-count complaint, we find allegations which are just what we might have expected, i.e., that federal government attornies seek to "preliminarily and permanently enjoin enforcement of Sections 53-13-106.5 and 76-8-512(4) of the Utah Code, as amended by Utah House Bill (“HB”) 155 (2013), because these provisions are preempted by federal law and therefore violate the Supremacy Clause of the United States Constitution":

Utah Cowboy Caucus

Curious about which of your Weber County-based legislators bought into this lawsuit by voting yea on this bill?  For your future reference we've helpfully assembled these details here.  Yep.  Mostly "The Usual Suspects," folks:

• Weber County Legislators' HB 155 "Yea" Votes

Within the "prayer" of the U.S. attorney's complaint we find this standard "boilerplate" provision:

WHEREFORE, the United States respectfully requests the following relief:.. 3. That this Court award the United States its costs in this action...

Something for Weber County voters to think about after the court grants its inevitable permanent injunction and assesses costs in this matter... you know, the next time these legislative "critters" are out campaigning under the shop-worn "government-spending frugality" banner, no?

Salt Lake Tribune Guest Commentary: Van Dam: Utah’s Land Grab Ripoff

Are there any armchair "legal eagles" out there in Weber County Forum Land who can produce some legal authority to refute Mr. Van Dam sensible admonition?

Early Utahns accepted this deal with the disclaimer clearly stated twice in the Enabling Act, in Section 3 and again in Section 12. The latter specifically gave Utah over a million acres, and then again stated, "The said State of Utah shall not be entitled to any further or other grants of land for any purpose than as expressly provided in the Act."

Salt Lake Tribune - Paul Van Dam
Van Dam: Utah’s land grab ripoff
April 6, 2013

Section 3. "...the people inhabiting said proposed State [Utah] do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof; and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States..."
Section 12. "The said State of Utah shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this act; and the lands granted by this section shall be held, appropriated, and disposed of exclusively for the purposes herein mentioned, in such manner as the Legislature of the State may provide."

Utah Government Archives
Statehood Enabling Act
July 16, 1894

We'd like to belatedly put the spotlight on Saturday's most-excellent Salt Lake Tribune guest editorial, in which Utah's former State Attorney General makes mincemeat of the persistent but knuckle-headed argument of some in Utah State and Federal Government, who assert at the top of their lungs that the State of Utah has some legitimate claim of right, title or interest to some 20 million acres of federal lands which were retained and withheld from Utah state ownership by the federal government as a condition for  Utah statehood, pursuant to terms of the Utah Territorial Government's 1894 Enabling Act:

• Van Dam: Utah’s land grab ripoff

Read The Act yourselves, O Gentle Ones, and you be the judge of whether it contains any promises to convey to Utah these retained federal lands, either express or implied (or written in tea leaves):

• 1894 Enabling Act

2012 Sagebrush Rebellion

During the 2012 General Session the state legislature passed Rep. Ken Ivory's "2012 Sagebrush Rebellion-style" H.B. 148, which, among other things, sets a drop-dead federal deadline, "requiring" "the United States to extinguish title to public lands and transfer title to  those public lands to the state on or before December 31, 2014." Presumably, assuming that this isn't merely "idle talk," this would possibly trigger the filing of a lawsuit at some future date, once the federal government predictably ignores this childish, frivolous and (yes) idiotic and Utah legislatively-imposed "crisis point."

As Mr. Van Dam says, "Utah taxpayers have just been scammed, and a lot of money is about to be wasted."

So what about it, WCF readers?  Are there any armchair "legal eagles" out there in Weber County Forum Land who can produce some legal authority to refute Mr. Van Dam fact-based and sensible admonition?

Standard-Examiner: Herbert Agrees to Fight the Feds

The Standard-Examiner shines the spotlight on what passes for "leadership" from the Utah Governor's Office

The Transfer of Public Lands Act requires that the United States extinguish title to public lands and transfer title to those public lands to Utah by a date certain. Under the Gibson case, that requirement would interfere with Congress' power to dispose of public lands. Thus, that requirement, and any attempt by Utah in the future to enforce the requirement, have a high probability of being declared unconstitutional.

Office of Legislative Research and General Counsel
HB 148 Legislative Review Note
February 14, 2012

The state has proven itself time and again to be a bad manager of public lands. ... This is a political stunt. It’s amazing that in one quixotic act they’ve offended the U.S. Constitution, the state constitution and the state’s enabling act.

David Garbett, Southern Utah Wilderness Alliance.
Herbert agrees to fight the feds
March 24, 2012

It’s not a slam dunk, but there is legal reasoning and a rational thought process. But this is the first step in a long journey. There is a lot of education needed to raise awareness.

Utah Governor Gary Herbert
Herbert agrees to fight the feds
March 24, 2012

Democracy is the theory that the common people know what they want, and deserve to get it good and hard.

H. L. Mencken
The Quotations Page
1880 - 1956

With this morning's latest shining example of Utah GOP silliness, the Standard-Examiner shines the further spotlight on what passes for "leadership" from the Utah Governor's Office:

• Herbert agrees to fight the feds

While Salt Lake City law firms line up in eagerness to reap millions of dollars in fees from the apparently looming federal litigation windfall, Utah taxpayers brace themselves for the "raised awareness" which comes from the prospect of footing the legal bill for a lawsuit which even the Utah Legislature's own lawyers predict to be a dead bang loser from the very get-go.

The world-wide blogosphere sits riveted on the edge of its seat, awaiting your ever-savvy comments in connection with this.

Utah Post-2012 Legislative Session Wrap-up

Sign the Petition... Consider this an early opportunity to accomplish something useful and positive this morning folks.

Now that the 2012 Utah legislative session has drawn to a close, here's a wrap-up of the most important legislative "achievements" of the now completed of the latest round of legislative "madness," gleaned straight from the pages of the Salt Lake Tribune and Standard-Examiner morning editions:

Salt Lake Tribune:

• Schools: Lawmakers focus on sex ed, educator accountability
• Legislature recalls, changes bill after veto threat
• A bit more money for prisons, new troopers
• Utah open-carry gun bill put on ice
• Divorce waiting period passed
• Legislature hands-off on immigration
• Lawmakers overhaul environmental boards
• Unwed fathers, parents and drug users get attention in 2012 Utah Legislature
• Lawmakers tackle SLC idling rule, ethics oversight
• GRAMA battles quiet this year
• Liquor changes won’t affect consumers
• Utah higher ed gets 3 percent bump, but many funding requests languish
• Utah lawmakers block LGBT-related bills
• Transportation bills hit bumpy road
• 2012 Utah Legislature adjourns; session focused on sovereignty
• Utah moves to triple abortion waiting period

Standard-Examiner:

• Senate approves Aubree Jo's Law on final night of session

And for those readers looking for a little post 2012 Regular Session activist action, the Trib also reports that "[t]housands of people have signed an online petition urging Utah’s governor to veto a bill lawmakers passed this week to prohibit instruction about contraceptive use during sex education classes and allow schools to drop such classes altogether":

• Thousands sign petition asking for veto of Utah sex ed bill

Unfortunately, for unknown reasons, the Trib neglects to provide a link to the actual petition; so we'll pick up where the Trib left off.

In that connection, and for the benefit of those readers who agree with us that HB363 is possibly the most irresponsible legislation of the 2012 session, click the link below to view and Sign the petition that the Trib merely mentions, urging Governor Herbert thusly: "Governor Herbert, please veto HB363. Our children need to be given enough information about sex and contraception that they are able to make good decisions concerning sex":

• Petition: Gov. Herbert Veto HB363 (sex education)

Consider this an early opportunity to accomplish something useful and positive this morning folks.

Update 3/11/12 9:00 a.m.: The SL-Trib editorial board provides another good 2012 legislative session summary this morning:

• Thumbs: Short takes on Legislature ‘12

Standard-Examiner Editorial: OUR VIEW: Ditch the Federal Lands Fight

We're aware of no evidence at all that any federal "promises" were made at all for the reconveyance of these coveted federal lands to the citizens of the State of Utah

Top notch editorial in this morning's Standard-Examiner, dovetailing nicely with our own WCF take on the Utah legislature's quixotic "Sagebrush Rebellion," which we'd chalked up as mainly more wacky GOP voter pandering during an election year. As to picking a fight with the federal government that Utah taxpayers are bound to lose, the Standard-Examiner agrees with us and says "NO." Here's the lede:

Utah legislators should say no to bills that invite a long, costly fight with the federal government over tens of millions of acres of lands in Utah owned by the federal government.
No mocking, no pot-shots from this editorial board. Our reasons for ditching the effort is pragmatic. It's a battle Utah will lose. The Constitution's Supremacy Clause makes that clear.

Read the full editorial here:

• OUR VIEW: Ditch the federal lands fight

We're in complete agreement with everything the Standard says this morning about the legislature's quixotic posturing on this subject except this: The Standard says, "The feds, long ago, made promises to Utah leaders that they have broken, both legally and in spirit, many times."

With respect to the legislature's assertion, or the Standard's assumption, that federal authorities have at any time made "promises" to Utah officials which would realistically operate to negate express disclaimers of the public lands by the state, as set forth in the Utah Constitution and associated "enabling" statutes, we'll note that we've been following these "Sagebrush Rebellion" stories since the 2012 state legislative session convened in early January, and we're aware of no evidence at all, oral or written, aside from a a little wishful thinking on House Rep. Stephen G. Handy's part, that any federal promises were made at all for the re-conveyance of these coveted federal lands to the citizens of the State of Utah.

We'll keep our minds open however, O Gentle Ones, for any new evidence on the topic, for which purpose we now open the floor for discussion.

Robert Gehrke: Utah Fires Up New Sagebrush Rebellion Against Federal Control of Land

We can chalk it all this wackiness up to the fact that it's an election year however, we suppose, in a state where anti-fed smack talk is always the rage, and passage of crackpot bills is always a big plus (nay, even a necessity), for any "respectable" GOP candidate's resume

The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States..

Utah Constitution, Article 3, Section 2
Right to public domain disclaimed
May 8, 1895

I think it’s unlikely that the courts are going to buy the argument, In part because of the broad authority that [Congress has] held over the public lands, in part because the state-enabling legislation contains two express disclaimers of the public lands by the state.

Robert Keiter, law professor, University of Utah
Utah fires up new Sagebrush Rebellion against federal control of land
March 3, 2012

Republicans are living in a fantasy world, and the move is an attempt to help the Legislature’s "corporate friends make a quick buck." It’s part of the far right’s quixotic quest to pretend that Utah did not — as part of its decision to join the United States — give up its claims to federal lands.

Stephen Bloch, Southern Utah Wilderness Alliance attorney
Utah fires up new Sagebrush Rebellion against federal control of land
March 3, 2012

It’s going to be laughed out of court. We have this rigidity in Utah that only makes us a laughing stock … and it alienates us from the global marketplace."

Pat Shea, Salt Lake City attorney
Utah fires up new Sagebrush Rebellion against federal control of land
March 3, 2012

In the aftermath Utah House Rep. Stephen G. Handy's half-baked legal analysis which appeared in Thursday's Standard-Examiner, we'll put the spotlight on this morning's Robert Gehrke column, which rounds up a body of informative commentary concerning the Utah GOP legislative majority's quixotic 2012 effort to set the stage for condemnation of vast tracts of federal lands under the state power of eminent domain, pursuant to a "package of bills passed during the 2012 legislative session, demanding that the federal government surrender ownership to the state of more than 30 million acres of federal land."

Despite state constitutional provisions explicitly providing that "[t]he people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof," the absolutely shameless majority party feel quite alright hanging their hat on the pathetic legal theory that the federal government somehow impliedly promised to convey these lands back to the State of Utah, once again, despite express constitutional language to the contrary.

We can chalk it all this wackiness up to the fact that it's an election year however, we suppose, in a state where anti-fed smack talk is always the rage, and passage of crackpot bills is inevitably a big plus (nay, even a necessity), for any "respectable" GOP candidate's resume.

Sodden query: Who's gonna be expected to pick up the tab, once these frivolous property condemnation lawsuits actually get to court?

Take a wild guess, Utah taxpayers.

Standard-Examiner: Counties Could Seize Federal Land Under Proposed Utah Law

Something of which to make note, O Gentle Weber County Readers and voters, come November, when these folks are standing for re-election and touting their "fiscal prudence," in an election year when each GOP candidate seems hell-bent to prove that he or she is the craziest of all

When it comes to public lands, I consider it a badge of honor to have a constitutional note.

Rep. Ken Sumsion, R-American Fork
Utah House panel OKs bill to let cities seize fed land
February 16, 2012

Entering into such a court fight is ridiculous, especially at a time when budgets are flat and economic concerns linger. The resulting lawsuit could cost "millions and millions of dollars" to argue claims that will almost surely be lost.
"Our legislative counsel isn’t here to make a ruling on whether something is constitutional," King said. "They’re just trying to keep us out of trouble ... and it’s highly probable this whole argument will go down in flames."

Rep. Brian King, D-Salt Lake City
Counties could seize federal land under proposed Utah law
February 27, 2012

 Despite our earlier warning, i.e., that "pickin' a court fight with the feds is an expensive battle that Utah taxpayers are bound to lose," and also notwithstanding the strong "cautions" of legislative counsel that "the bill has is very likely unconstitutional, " the Standard-Examiner reports this morning that nutcase Rep. Sumsion's HB511 has cleared the Utah House, by a 57-14 vote. The bill, which "would [theoretically] give the counties [of Utah] eminent domain power over federal lands," now moves on to the Senate, according this morning's S-E story:

• Counties could seize federal land under proposed Utah law

Being the curious type, we Googled, just to find out how many of our Weber County-based Utah House Representatives gulped the Koolaid, and voted for this knuckle-headed legislation which is sure to cost Utah taxpayers millions of dollars before it goes down in flames, the first time it's tested in Federal Court. Checking yesterday's vote tally we find, sadly, that ALL Weber County State House legislators gave it their thumbs-up.

That's right, folks. House Representatives Brad Dee, Gage Froerer, Richard Greenwood, Brad Galvez, Jeremy Peterson, Dixon Pitcher and Ryan Wilcox ALL fell into line on this madness. Maybe they think it'd be a good idea to condemn that dastardly federal boondoggle, Hill Air Force base, we dunno. The way things are developing however, HAFB looks likely to fall into state hands one way or the other anyway, regardless of happens with HB511, we suppose. Maybe thewy decided it would be wise to get into the base closure and land transfer early on.

Something of which to make note, O Gentle Weber County Readers and voters, come November, when these folks are standing for re-election and touting their "fiscal prudence," in an election year when each and every GOP candidate, locally and nationally, also seems simultaneously hell-bent to prove that he or she is the craziest of them all.

Update 2/28/12 12:00 p.m: Trentelman again chimes in on the issue this morning, in the wake of his earlier Wasatch Rambler column, which was fairly "scathing," in re Utah House Rep. Mike Noel. Here's Trentelman's latest pro-Noel puffpiece, however, wherein he cuts Rep. Noel what we at WCF consider to be undesereved political slack:

• Rep. Mike Noel's take on Utah's federal land lawsuit

So what about it, gentle readers? Did Trentelman back down and "cut Mike Noel a pass," with his most recent journalistic "effort," so-called?