American Lands Council 2013 Questionnaire Attorney General Candidates Transfer of Public Lands Responses by Michelle Mumford

Q1: How do you as a candidate propose to aid in solving some of the major economic problems we face as a State? For example:
Utah is $2.6 billion below average in per-pupil funding for education (source); and Nearly 40% of Utahs total state revenue the single largest line item of Utahs revenue comes from a federal government that is fiscally dysfunctional (source and source); Reevaluation of public lands policy is an economic, educational, resource, and employment imperative for our state. Our future viability depends on it.

Q2: Were you aware that there are trillions of dollars of economic resources in Utah locked up in federally controlled lands that could be the solution to our economic challenges? For
example: There is more than $150 trillion in mineral values (source); and More recoverable oil in Utah, Colorado, and Wyoming than the rest of the world combined (source) locked up in the federally controlled lands. Yes. Utah holds valuable energy resources. Testimony provided to Congress estimated that oil shale deposits in Utah, Colorado, and Wyoming contain three trillion barrels of oil an amount that equals the entire worlds proven oil reserves. Federal regulations block our ability to realize profits from our own resources, which could be used to fund education, job growth, and a myriad of other public interests.

Q3: Were you aware that the federal government promised, as part of our agreement of statehood (our Enabling Act), to transfer title to the public lands in Utah but never did?
(source).

Yes. The federal government also promised 5% of the proceeds from the sale of our lands which shall be sold following statehood.

Q4: Were you aware that the statehood promises to transfer title to the public lands are the same for all newly created states both east and west of Colorado?
(Links: UT v. ND Enabling Act, Examples of other Eastern States Enabling Acts) Yes. And the states east of Colorado received the benefit they bargained for. With the federal governments unilateral termination of the disposal policy, we have not received the benefits we bargained for. Q5: Despite the fact that statehood promises to transfer title to the public lands are the same, the federal government still controls nearly 70% of the lands in Utah, and more than 50% of the lands in the western states, but less than 5% of the lands on average in states east of Colorado. (Links: Federalist Society Legal Analysis, Executive of Legal Analysis). Do you think this is legally justified? No.

Please explain why or why not?

The current policy of federal land retention is unjustified because it is a repudiation of the States enabling act and of the bargain we made when we agreed to statehood. Further, the question of whether the constitution permits this unilateral reversal has not been directly addressed by a federal appellate court.

Also, please explain what is the difference in the federal governments disposal of the public lands for states east and west of Colorado?
The federal government carried out its agreement to dispose of public lands in states east of the Colorado. The public lands were intended to contribute to the revenue base of the state. Instead, they languish in an administrative and bureaucratic no-mans-land.

Q6: States like IL, IN, MO, AR, LA, AL, MS, and FL were as much as 90% federally controlled land for decades. Their statehood enabling act promises to transfer title to the public lands are in most cases the same as Utahs, yet they succeeded in compelling Congress to transfer title to their lands and today have less than 5% public lands! (Links: : U.S. Sen. Thomas Hart Benton (D-Mo), Missouri Resolution, Congressional Public Lands Committee Report).

Is there a reason why the federal government should not have to honor the same statehood promise to transfer title to our public lands that it already kept with Hawaii and all states east of Colorado?
No. And I think Hawaii is a great example. Some argue that the states east of the Mississippi didnt have enough public land to compare to states in the west. Hawaii, though, still has mostly undeveloped lands. The federal government should honor its agreement with Utah.

What does Utah need to do to make the federal government transfer title to our public lands like it already did with states like HI, IL, MO, LA, AL, AR, etc.? Please
be specific.

HB 148 is a good start. Our federal delegation, though, needs to take up the cause. We cant fight a federal fight without their support. If our federal delegation fails to enforce the bargain we made long ago, then court action must be the end result.

Q7: Five States have already passed legislation following Utahs lead on the Transfer of Public Lands Act (HB148 2012) Idaho, Montana, Nevada, Utah and Wyoming (summary). Earlier in 2013, South Carolina passed a Resolution supporting the transfer of public lands to western states. This matter is now being raised in meetings of national organizations like Heritage Foundation, State Policy Network, Council of State Governments, State Budget Solutions, National Farm Bureau, National Association of Counties, etc., and in various national publications (Some examples here, here, and here).

Please explain why you have (i) the courage it will take defy the status quo and (ii) the ability to educate and build the coalitions it will take to persuade Congress that transferring the public lands is in the national interest, and
Im committed to doing the right thing. Thats what Ive always done, even when it isnt popular or easy. We cant just keep waiting, hoping something will happen. We have an opportunity to encourage the momentum geared on by other states, including South Carolina. The responsibility to educate and build coalitions is already upon us. And there are many noteworthy organizations who have taken up the cause. They should be supported in their efforts, and encouraged to continue. Our federal lands policy is not unique or extreme build jobs, support rural Utah, protect the beauty of Utah. Couched in these positive terms, disparate groups can be brought together to work toward the economic and recreational interests our lands provide.

Please explain what other states, groups, or individuals you would be able to rally to support the transfer of public lands effort?
We should rally business leaders, recreation enthusiasts, rural leaders, and everyday citizens in the public lands transfer effort. Similarly-situated states will also have an interest in joining this effort.

Q8: How specifically can I (we) help you secure the transfer of our public lands to our state? Explain.
Its important to keep educating the public and involving the legislature. Vested interests will make a difference.

Q9: If elected to this office, on a scale of 1-10, with 10 being the highest, what priority will you give to compelling Congress to honor the same statehood promise to transfer title to our public lands to Utah? _______

Public lands transfer will be a high priority. The first resort, and immediate goal, is to secure success through our federal senators and representatives by creating a state-wide coalition of interested parties.

For more information please contact the American Lands Council at 801.ALC.6622, info@AmericanLandsCouncil.org or visit the website: www.AmericanLandsCouncil.org.
The American Lands Council is a 501(c)(4) pending, non-profit organization. Members of the American Lands Council include 17 Utah counties, and dozens of other counties, state representatives, organizations, businesses, and individuals throughout Utah, other western states, and the nation. The mission of the American Lands Council is to secure and defend local control of land access, land use, and land ownership.