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Kane County committee reports support for state lawsuit over unappropriated federal lands; $1,500 amicus contribution

Kane County Resource Development Committee · September 18, 2024
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Summary

County staff reported the commission passed a resolution backing the governor's and attorney general's challenge to federal control of unappropriated lands and committed $1,500 to join an amicus brief with the Utah Association of Counties; staff cautioned the litigation is lengthy and requires a narrow initial case.

Public Lands and Government Affairs staff told the Resource Development Committee on Sept. 18 that Kane County has joined statewide efforts to challenge the federal government's long-term control of unappropriated lands. The county commission unanimously passed a resolution supporting the governor's and state attorney general's effort and committed $1,500 to contribute to an amicus brief organized by the Utah Association of Counties.

Staff described the litigation as a long-running, careful process and said the key initial questions are whether the challenge is procedurally allowed and whether the complaint will survive technical challenges such as standing. "This litigation is a long time coming, and we need to do it carefully with the, basically, trigger law that Utah already has in place for what to do with lands that were federal and then might come under state control," staff said.

Staff also noted coordination is underway with the state public lands policy coordinating office during the governor's consistency review of the BLM's proposed management plan for the Grand Staircase-Escalante National Monument; the public protest period and the governor's review remain active. The committee received the update and discussed timing and next steps before adjourning.