Commission reviews updated Eisenhower report, hears arguments that state jurisdiction generally prevails over federal lands

The Utah Federalism Commission on Thursday reviewed an updated version of the 1957 ‘‘Eisenhower’’ interdepartmental study of federal areas within states and heard legal and policy testimony arguing that state jurisdiction generally prevails across federally-managed lands unless Congress or federal law specifically ousts it.

Attorney John Howard, presenting the update, told commissioners the committee’s core finding: “state sovereignty and jurisdiction extends to all land within the borders of the several states unless federal legislation consistent with enumerated constitutional powers or constitutional mandate placed state law in conflict with federal authority on federally controlled lands.” The report and presentation traced legal changes since 1957 and cited Supreme Court decisions the presenter said had shifted jurisprudence back toward stronger state authority.

Why it matters: Utah officials said the findings could affect land use, taxation, law enforcement, road access and other daily-government functions on public lands that federal agencies manage. Commission members and state officials said the report provides a starting point for defining where state regulatory authority applies and…