Montana resolution backing Utah's push to take control of federal lands receives backlash

A Utah lawsuit looks to move some federal land into state hands.

On Monday, the House Energy, Technology and Federal Relations committee heard discussions on a joint resolution that would have Montana support Utah’s efforts.

Montana Rep. Tom Millett (R) Marion was the only proponent of House Joint Resolution 24 in person and online during the meeting.

Millett said this would not hurt public lands and would only show support for the state of Utah in their lawsuit.

The lawsuit looks to address “unappropriated” land in the state. According to Utah, there are 18.5 million acres operated by the Bureau of Land Management. Other lands, such as Federal and Tribal, would not be affected. The goal of the lawsuit is to put those 18.5 million acres under state control. Ultimately, the U.S. Supreme Court rejected Utah’s lawsuit over public lands in January.

Utah Gov. Spencer Cox, Utah Attorney General Derek Brown, Utah Senate President Stuart Adams (R) Layton and Speaker of the House Mike Schultz (R) Hooper released a statement following that decision:

“While we were hopeful that our request would expedite the process, we are disappointed in the Supreme Court’s decision not to take up this case. The Court’s order does not say anything about the merits of Utah’s important constitutional arguments or prevent Utah from filing its suit in federal district court.

“Utah remains able and willing to challenge any BLM land management decisions that harm Utah. We are also heartened to know the incoming Administration shares our commitments to the principle of “multiple use” for these federal lands and is committed to working with us to improve land management. We will continue to fight to keep public lands in public hands because it is our stewardship, heritage and home.”

NBC Montana reached out to the Utah governor’s office to see if there were any future plans for the lawsuit, but we did not hear back by deadline.

Millett said this federal “unappropriated” land could help bring in money to western states. Going on to say Utah could see $187 million and Montana would see $55 million if it followed the Beehive State. He would go on to say western states were deprived of taxing federal land to help fund counties and schools.

“Now Utah’s motion has to go to the back of the line and file their lawsuit in the U.S. district court for the district of Utah,” Millett said. “Even if this court case turns out in Utah’s favor, Montana could, or they could not, decide to take any of that land back. It’s up to the state of Utah. That’s a totally different conversation for another legislature.”

Millett said he has discussions with people in Utah and he believes they will continue with the lawsuit.

“Western states are deprived of basic, fundamental, sovereign powers over their territory,” he said. “Thirty percent in Montana we have no control over. Thereby denying equal statehood compared to the eastern states.”

Montana conservation groups and individuals representing themselves showed up in opposition to House Joint Resolution 24. Many showed up in opposition, that each speaker was only given one minute each to make their case.

Opponents wanted the joint resolution to go no further.

“I ask you not to support this bill because of the logical conclusion,” said Missoula resident Dan Harper. “Don’t kill the goose that laid the golden egg.”

Some Montanans are concerned, if Utah wins the lawsuit, the Treasure State could follow. The fear is public lands could be fenced off and eventually sold to the highest bidder.

A common sentiment is public lands in Montana are doing fine the way they are.

“I don’t like the idea of starting land transfers to the states,” said Ravalli County resident Karla Wiencek. “I think everything is pretty well run as it is now.”

“The hearing makes it crystal clear: Montanans are overwhelmingly opposed to this resolution and any other endorsement of the extreme agenda to take public lands away from Americans,” said Noah Marion, Wild Montana’s political and state policy director, in a statement. “Montanans overwhelmingly reject efforts that would lead to the sell-off and privatization of our cherished landscapes.”

A petition against the resolution garnered almost 3,000 signatures online.

There was no vote on the bill.