Utah says 'I don't think so' to federal land exchange at Bears Ears

The Bears Ears area in southern Utah on June 2, 2016. Utah is withdrawing from negotiations over a possible land exchange of Utah school trust lands that were stranded within the newly constituted Bears Ears National Monument, saying the federal government has not acted in good faith and has even failed to ratify an agreement made nearly a year ago.

The Bears Ears area in southern Utah on June 2, 2016. Utah is withdrawing from negotiations over a possible land exchange of Utah school trust lands that were stranded within the newly constituted Bears Ears National Monument, saying the federal government has not acted in good faith and has even failed to ratify an agreement made nearly a year ago. (Scott G Winterton, Deseret News)


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BLANDING — Utah is withdrawing from negotiations over a possible land exchange of Utah school trust lands that were stranded within the newly constituted Bears Ears National Monument, saying the federal government has not acted in good faith and has even failed to ratify an agreement made nearly a year ago.

Utah Gov. Spencer J. Cox, Senate President J. Stuart Adams, R-Layton, and House Speaker Mike Schultz, R-Hooper, released a statement Tuesday regarding the governor's withdrawal of a memorandum of understanding with the U.S. Department of Interior and the U.S. Department of Agriculture. They also addressed the Legislature's joint resolution rejecting the proposed land exchange of state school and institutional trust lands and mineral interests for federal lands and mineral interests.

"Utah has sought for a collaborative, inclusive approach to managing our public lands, including in the management of the Bears Ears National Monument, yet the Biden administration continues to ignore our good faith input," the statement said. "The federal government has signaled that it once again plans to adopt a restrictive land management plan that will harm recreational access, grazing, and other traditional public uses of these lands. When the administration is prepared to have a serious and good faith collaborative discussion about land management, we stand ready to renew discussions of a land exchange."

Cox's letter to Interior Secretary Deb Haaland states because the memorandum of understanding was never ratified by Congress, it is moot and basically worthless.

"Section 8 of the agreement provides that the agreement may be terminated by either party prior to ratification by Congress. The state terminates the agreement and withdraws from the land exchange outlined in the agreement. All terms, provisions, and conditions of the agreement are hereby terminated," the letter stated.

But Rep. Brian King, D-Salt Lake City, said GOP leaders are making a mistake, saying the move is premature, unjustified and counterproductive especially when the monument's management plan has yet to be even released.

"The integrity of our public lands is under threat, demanding our utmost protection as Utahns," he said in statement Tuesday. "We deserve better."

In addition to the statements released by Cox and legislative leadership, the state Legislature unveiled HJR26, which makes plain the state's displeasure at the monument's impact on Utah interests. The statement bolsters that argument.

Rep. Casey Snider's HJR26 details the 130,000 acres locked up in the 1.2 million-acre monument, the proposed exchange and how federal land management on the monument thus far has indicated an extremely restrictive plan moving forward.

"Obviously, federal designations have impacts, especially when you have holdings, and so we were trying to figure out a way to negotiate that. I think our federal delegation has been good partners on this," Snider, R-Paradise, said.

"It's become apparent that if we're going to maintain the ability to produce revenue for our school kids, we need to have a different conversation about an exchange in that area," he added.

Snider says that to date, the federal government has been an unwilling partner in negotiations.

His resolution goes on to note that the federal government has "signaled" it will adopt an exceptionally restrictive and unreasonable land management plan that would negatively impact the communities surrounding the monument.

The monument was created in 2016 by then-President Barack Obama, rescinded greatly in size after then-President Donald Trump took office and then restored in large measure by President Joe Biden.

Contributing: Bridger Beal-Cvetko

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Utah LegislatureUtah governmentBears Ears National MonumentUtahEastern UtahSouthern UtahEnvironmentPolitics
Amy Joi O'Donoghue
Amy Joi O’Donoghue is a reporter for the Utah InDepth team at the Deseret News with decades of expertise in land and environmental issues.

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