Utah officials warned Congress on Tuesday that the federal government soon must swap for state lands trapped inside national parks and forests or the state may try to develop them.
Revenue from such scattered, checkerboard-pattern land given to Utah at statehood is supposed to help fund schools. But the lands produce no money when left undeveloped because they are surrounded by parks, forests and Indian reservations."The state of Utah and the federal government are on collision course," Utah Attorney General Paul Van Dam told a hearing on several Utah land-swap bills before the House Interior subcommittee on National Parks and Public Lands.
"Many citizens of our state suggest that the state proceed to commercial development of state land in national parks notwithstanding the obvious conflict, citing the need for revenue to fund education," he said.
But the National Park Service has vowed it then would block access to such land. Van Dam said that would push the matter to federal courts, which have ruled previously in favor of forcing the federal government to give states adequate access.
But witnesses at the hearing - including Utah's entire congressional delegation, Gov. Norm Bangerter, environmental and school groups and Indian tribes - all called for voluntary land trades to avoid such legal battles and preserve pristine areas.
Bush administration officials also said they strongly favor such a trade - but cannot overcome disagreements with the state over how much the land is worth and what it should receive in return.
U.S. Bureau of Land Management Director Cy Jamison said, "The National Park Service estimates the value of those Utah lands at $125 to $150 per acre, while the values established by the bills range from $2,000 to $8,000 an acre."
In fact, State Land Board Vice Chairman Ruland J. Gill testified the land may be worth more. He noted the Utah Geologic Survey figures state land within Arches National Park, for example, may have oil and gas reserves worth $55,000 to $192,000 an acre if developed.
Reps. Jim Hansen, R-Utah, and Wayne Owens and Bill Orton, D-Utah, have introduced three land-swap bills. Hansen's calls for about $8,000 an acre compensation for land within parks, Owens' calls for about $2,000, and Orton's calls simply for an equal amount of acreage elsewhere and for no appraisal of worth.
Jamison added that after years of wrangling over trades with Utah, "We've gone as far as we can administratively in dealing with the Utah inholdings issue, so a legislative settlement is the only alternative" - essentially deferring now to Congress.
He said the administration hopes for a bill to require trading lands of equal value that would allow both sides to agree after passage on an appraisal system and appraiser.
If they cannot agree, he suggests a mechanism to allow separate appraisals, negotiation and, if they still cannot agree, to have a court settle compensation. "At least the issue would finally be resolved," Jamison said.
Bangerter - who has led the charge for a school-trust-land swap - noted why it is needed.
"Despite the fact that almost half the state budget is designated for education, Utah's expenditures per pupil are among the lowest in the nation (because of large family sizes). Therefore, these trust lands are increasingly seen as an additional source of revenue for education," he said.
Sen. Orrin Hatch, R-Utah, added that because of national parks and forests surrounding state school trust lands, Utah's permanent school fund is small - only $44 million. "Colorado's trust fund, which is the next smallest, is over $200 million. New Mexico has over $2.5 billion."
Karen Rupp, legislative vice president of the Utah Parent-Teachers Association, said, "Federal restrictions have prevented Utah's schoolchildren from receiving their just earnings."
She added that if a swap cannot be arranged soon, "we will proceed with development of these lands if we must."
Subcommittee Chairman Bruce Vento, D-Minn., said time still exists to possibly pass a land-swap bill this year but noted the disagreement among the administration, state and delegation members over procedures and values might make it difficult.