Environmentalists said a first time ever federal decision to allow the sale of a small parcel of national public land in Nevada is an example of "careful use." The Bureau of Land Management this week approved the sale of 20 acres near Las Vegas to the Clark County Department of Social Services for an affordable housing development.
The sale of public lands is controversial. Republicans often argue states should have more control, while Democrats feel federal oversight is needed so public lands are not sold to private companies.
Aaron Weiss, deputy director of the Center for Western Priorities, said when it comes to helping solve the nation's housing shortage, some states have parcels well-suited to development.
"That's the kind of stuff that happens five, 10, 20 acres at a time," Weiss contended. "Not the wholesale transfer of tens of thousands or even millions of acres to states and private parties."
The Nevada property would be sold for a below-market value of $100 per acre. The federal "memorandum of understanding" is specific to the Las Vegas parcel, but Weiss believes there are others near Phoenix or Tucson worthy of consideration.
Sen. Mike Lee, R-Utah, and Gov. Joe Lombardo 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 noted the housing issue 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 argued any sale for housing should require it is affordable and does not end up providing "McMansions" or "trophy homes" for billionaires.
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The U.S. Supreme Court has opted not to hear a lawsuit brought by the State of Utah, which alleged the federal government's ownership of large parts of the state is unconstitutional.
The decision marks a win for conservation advocates.
Olivia Juarez, public land program director for the nonprofit GreenLatinos, said Utahns now will not have their tax dollars used to fund what they call the state's "ill-founded lawsuit and disinformation campaign." Utah had made the effort to seize public lands administered by the Bureau of Land Management.
Juarez acknowledged with a Republican-dominated Congress, similar efforts may return.
"We are better set up to fight against some of the biggest challenges that the Trump administration is going to pose to the American public," Juarez contended. "Two of them namely being the climate and biodiversity crisis and also a cultural crisis about belonging."
Juarez pointed out public lands represent the origins of American and pre-American history. The case marks the latest setback for states looking to gain control of public lands, some of which hold valuable oil and gas, timber and other resources. Utah state leaders have said they have not ruled out taking their suit to a lower court.
The nomination hearing for Donald Trump's pick for Interior Secretary, North Dakota Gov. Doug Burgum, is scheduled for this Thursday. The new administration will inherit a number of challenges, including disputes over conservation leases on Bureau of Land Management lands.
Juarez argued the multiple-use doctrine for public lands should be upheld.
"That rule will be under attack by the incoming Congress and presidential administration," Juarez noted. "It'll be important to reaffirm to the next secretary that conservation is a use that is valuable, economically as well as culturally."
Juarez added last weekend, public lands and conservation advocates rallied in Salt Lake City to show their support for protecting public lands across the Beehive State like the Bears Ears and Grand Staircase-Escalante National Monuments.
"Our goal was to bring people together at a time that it feels good," Juarez stressed. "It's a really hopeful moment for the nation's will to treat public lands as a solution to climate disaster, rather than making them part of the problem."
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The White House announced two new national monuments in California on Tuesday, one just east of Palm Springs and the other near Shasta Lake.
A signing ceremony will take place next week, as the unveiling event was postponed due to high winds.
Rep. Raul Ruiz, D-Calif., whose district includes parts of the new 624,000 acre Chuckwalla National Monument, said the lands will now be protected from mining, drilling and development.
"This is one of these unique examples where you have both the conservation and tribal leaders, as well as the renewable energy and utility companies all endorsing this enormous monument," Ruiz explained.
The area south of Joshua Tree National Park is crucial habitat for the Chuckwalla lizard, bighorn sheep and the endangered desert tortoise.
Sen. Adam Schiff, D-Calif., said although President-elect Trump rescinded protections for some monument lands during his first administration, he hopes the two new monuments will endure.
"If the President-elect talks to the parties who really span the spectrum of interests, he will learn how this was a really well-thought-out effort to conserve this land but also make it possible to generate energy," Schiff asserted. "It's a win-win."
Thomas Tortez, former chairman of the Torres Martinez Tribe, noted his ancestral lands will now gain protections.
"The next step is to strategically develop a co-stewardship plan, put all those resources together and then, start to protect the land," Tortez added.
The White House also intends to designate the new Sátíttla Highlands National Monument, which covers 224,000 acres near Shasta Lake in northern California and contains the headwaters for California's entire watershed.
Brandy McDaniels, a member of the Pit River Tribe, said they have been fighting development in the area for decades.
"As social, economically suppressed communities, having to fight against people with deep pockets and have all the money in the world to come in and destroy our lands," McDaniels observed. "That's what we've been fighting to protect for a very long time."
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The 640-acre Kelly parcel has been in limbo for decades. It sits within the bounds of Grand Teton National Park but has long been owned by the state of Wyoming.
Now, $100 million and years of work later, the parcel now belongs to the park. The sale, which closed Dec. 27, was a slow process because the parcel was part of state-owned school trust lands which, according to the state Constitution, must benefit Wyoming students.
A 2003 law made it possible for the sale of such lands to count. Monies came from the Land and Water Conservation Fund and the Grand Teton National Park Foundation.
Leslie Mattson, president of the foundation, said the deal has huge benefits.
"It's kind of a 'twofer' property," Mattson explained. "Not only are we benefiting future students here in Wyoming but this property is a very, very important wildlife habitat and has migration corridors for a number of species on it."
The parcel nearly went to auction in 2023, she said, when it could have gone to private developers. Its protection also conserves critical wildlife habitat and migration corridors for elk, pronghorn and mule deer, including the longest land migration corridor in the lower 48, according to the National Park Service.
Mattson pointed out donations came from people across 46 states, and more 10,000 Wyomingites wrote letters or attended public meetings to prevent the parcel from being sold to developers.
"There was a period of time we were getting dozens of gifts a day with emails saying, 'the wildlife need to be preserved,'" Mattson recounted. "It was amazing to see just the interest across the country in this project."
The parcel was the final state-owned school trust inholding in the park, following the purchase of Antelope Flats for $46 million in 2016.
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