PHOENIX, Ariz. – A federal fund that helps protect national parks, wildlife refuges, and other public spaces around the country is set to expire 100 days from Friday. Arizona business owners, outdoor enthusiasts and lawmakers are asking Congress to renew the program.

For more than 50 years, the Land and Water Conservation Fund has used revenue from offshore drilling to support public land and water resources at no cost to taxpayers. Mark Tercek – president and CEO of The Nature Conservancy – says the fishing, hunting, and other outdoor recreation opportunities the fund supports bring billions to the economy each year.

"This is too important to leave its future in doubt,” says Tercek. “We're here to say now is the time to get LWCF the permanent authorization and full funding it deserves."

The fund will expire in September unless Congress renews it. Arizona Congressman Raul Grijalva, D-Tucson, says the fund should be considered a "straightforward investment in the future of our country."

He's among a bipartisan group of lawmakers sponsoring a bill to reauthorize the fund. This week, they helped kick off a 100 day campaign to save it.

According to the Land and Water Conservation Fund Coalition, $228 million LWCF dollars have been invested in Arizona, from national parks to community playgrounds. Ben Brophy manages the large Babacomari ranch in southern part of the state and he is the board vice-president, for the Arizona Land and Water Trust.

He says the program also provides essential funding for conservation easements, allowing private landowners to maintain rural spaces and limit subdivision of wild lands.

"The more we can work to keep those open and connected for the benefit of people and wildlife, the better we are 50 years from now,” says Brophy. “And funds to do that are limited."

In most years, Congress raids some of the Land and Water Conservation Fund income to spend on other priorities. The current push is not only to reauthorize the program, but to fully fund it.


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Environmentalists are applauding a Bureau of Land Management decision to allow the sale of a small national public land parcel for an affordable housing development.

The sale of public lands is controversial, with Republicans and conservative groups seeing states as preferable stewards. Conversely, Democrats and conservation groups argued states cannot afford to protect public lands and would sell them to private companies.

Aaron Weiss, deputy director of the Center for Western Priorities, said there are public lands adjacent to metro areas in some Western states well-suited to development, which could help solve the nation's housing shortage.

"But that's the kind of stuff that happens five, 10, 20 acres at a time," Weiss explained. "Not the wholesale transfer of tens of thousands or even millions of acres to states and private parties."

For the first time ever, the BLM this week approved the sale of 20 acres of national public land near Las Vegas to the Clark County Department of Social Services for an affordable housing development. Weiss pointed out the federal "memorandum of understanding" is specific to the Nevada parcel but he believes there are others near Phoenix or Tucson that would make sense for consideration.

Sen. Mike Lee, R-Utah, and Gov. Joe Lombardo, R-Nev., are the most recent politicians citing the housing shortage as a need to sell off public lands to developers. In a letter to President Joe Biden, Lombardo urged approval for the transfer of 50,000 acres of public land around Las Vegas with few restrictions, which Weiss believes would create urban chaos. He contends mixing in housing is a new approach to how conservatives now talk about public lands.

"Much of the Republican Party finally recognized that calling for wholesale transfer was a political third rail in the West," Weiss observed. "No matter how conservative the state, voters everywhere across the political spectrum do not want to dispose of national public lands on that scale."

Weiss added any sale of public lands for housing should require it be affordable and not end up providing "McMansions" or "trophy homes" for billionaires.


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More than $27 million is coming to upgrade forests in the Northwest for recreation.

The investment is the latest round of funding from the Great American Outdoors Act, which was passed in 2020 and established the National Parks and Public Land Legacy Restoration Fund. The legislation is aimed to address the backlog of maintenance needed on public lands.

Tracy Calizon, Northwest Region assistant director for recreation, trails, wilderness and heritage, for the U.S. Forest Service, said 23 projects across national forests in Oregon and Washington were chosen.

"That is for fixing campgrounds, replacing toilets, updating trailheads, signage, kiosks, roads, providing access and accessibility improvements," Calizon outlined. "At the sites that the public knows and loves across national forests of the Pacific Northwest."

There are now 76 Legacy Restoration Fund projects in the Northwest, with 18 of them completed. The U.S. Forest Service said the Great American Outdoors Act has brought $77 million in contracts to Oregon and Washington to complete the projects.

Calizon added there are many elements to maintaining the country's forests.

"It's not necessarily only the trailheads or the public facing infrastructure," Calizon explained. "It's also the infrastructure to support the whole picture and make sure that we have the staff to be able to provide these great opportunities."

The Great American Outdoors Act is working to address the country's $8.6 billion deferred maintenance backlog on public lands.


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A court is soon expected to decide a Wyoming case between hunters and landowners which could affect public land access.

When a group from Missouri went hunting near Wyoming's Elk Mountain in 2021, they navigated a checkerboard of land ownership, using a ladder to cross a privately-owned 'corner' from one public parcel to another. The landowners, who live in North Carolina, sued the hunters for trespassing in a case now before the U.S. Tenth Circuit Court of Appeals.

Sam Kalen, professor of law at the University of Wyoming, said there are two major issues in this case. One involves what is known as the Unlawful Inclosures Act, a federal law preventing private landowners from obstructing access to public land.

"There's a good chance that the 10th Circuit's going to, you know, maybe adopt some sort of 'unreasonable' test," Kalen predicted. "Suggesting that landowners can't do things that result in sort of a nuisance or unreasonable interference with any access to public lands."

The other issue, Kalen noted, is trespassing, which is a matter of state law. A Wyoming federal judge ruled the hunters were not trespassing in a decision last year. More than 8 million acres of public lands in the West are "corner-locked," according to recent data.

The court's decision could affect other states in the Tenth Circuit, especially those with similar landholding patterns, including Colorado, New Mexico and Utah. An appeal of the decision would next go to the U.S. Supreme Court, but Kalen noted it likely would not be heard.

"The court doesn't take up that many public lands cases," Kalen acknowledged. "There's no conflict in the circuits, which means that the court would have to conclude that it's really serious, national significance."

Kalen added the case is unique to typical hunting encounters in Wyoming, as both parties are from out-of-state.


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