Labrador Letter – Idaho Lands in Idaho Hands

Dear Friends,

This past Monday, the U.S. Supreme Court announced it would not hear a Utah public lands lawsuit filed in August of 2024 to move undesignated Bureau of Land Management (BLM) lands to individual state control. This decision was made without consideration of the constitutional merits of the case. I filed an amicus brief supporting Utah's lawsuit. As soon as it was filed, this suit was criticized by national environmental groups from Washington D.C. and their local affiliates with an agenda of keeping public lands away from state ownership or management.

Unsurprisingly, these groups didn't give all the facts to their members which caused many of the people contacting our office to misconstrue the purpose of the litigation. Today, I want to take the opportunity to clear a few misconceptions. Even though this lawsuit was dismissed, it's a great opportunity for a conversation about Federalism and the massive amount of federal lands concentrated almost exclusively in Western states.

The U.S. Constitution does not authorize the federal government to indefinitely hold "unappropriated" state land - those for which a purpose has not been designated. The lawsuit requested that unappropriated BLM lands be transferred back to the states. The majority of the concerns received by my office were about land already designated as US Forest Service lands, national parks, national monuments, wilderness areas, national forests, Tribal lands, or military properties. This lawsuit did not impact any of these lands.

Most of the groups opposing this lawsuit engaged in a false, fear-fueled rumor campaign claiming that returning these BLM lands to the states would lead to these lands being privatized and sold to billionaires who would close access for all Idahoans. This is not true. Idaho already efficiently manages approximately 2.5 million acres of state lands without diminishing access to these lands for outdoor recreation.

In fact, the Idaho Department of Lands, under the direction of the Land Board (of which I am one of five members) continues to increase state ownership in Idaho forests. Over the past nine years the Department of Lands has purchased approximately 54,000 acres of productive timberland. This is land that was privately owned but is now managed by the state and accessible to the public for recreation. On the other hand, in the past nine years, only 324 acres of state land was sold.

The federal government has a financial interest in making sure it controls as much land as possible within Idaho's borders. Almost 100% of BLM lands are in only 10 Western states, and the federal government can lease these lands for grazing, timber, and mining. Federal ownership of state land is funneling billions of dollars away from Western states annually. Idaho, where twelve percent of our lands are held by BLM, is deprived of income from fees that these activities generate. This keeps the spigot of funds derived from Idaho lands flowing to D.C. for federal priorities, far away from Idaho and Idaho's needs.

Currently, approximately 97% of the state land Idaho manages is open to the public for recreational use. The lawsuit seeks to transfer all unappropriated BLM lands from federal management to state management. Lands managed under Idaho's management practices are healthier than Idaho's lands under federal control. The federal government is a poor neighbor that allows fires, diseases, and insect infestations from its lands to cross over into state and private lands.

There is no better example than last fire season to compare the results of federal versus state land management. Federal BLM forests in Idaho were turned into charcoal and ash, and our cities and towns choked on the smoke. Anemic timber production, massive underbrush growth, poor insect control, and a lack of access roads for contract fire fighters are just some of the poor federal management practices that led to this result on federal lands. 2024 was particularly bad with a de facto federal policy of "let it burn" across the Western states.

Looking at the numbers shows a staggering difference between federal and state fire management. As of September 1^st, 405,385 acres of federal land were consumed by fire, while just under 30,000 acres of state land were burned. This speaks volumes of the thoughtful, preemptive care that goes into protecting state lands and managing them against loss. The State of Idaho has a clear interest in protecting these lands within our state, preserving recreational access and economic vitality far more than a detached federal bureaucracy.

Finally, Idaho is deprived of the ability to administer or manage these unappropriated lands within our borders through federal laws, regulations, and rules. A perfect example is the Lava Ridge Wind Turbine project. This proposal has widespread opposition in Idaho from very diverse groups who don't want massive turbines sprouting up in the Magic Valley, with the power being shipped down to California. But the project itself is sited on BLM land, which means Idaho's voices don't count for much, even if Idaho will suffer the consequences. The concerns for our wildlife, vistas, historical sites, and agricultural aviation are ignored since the project is controlled by out-of-state interests and an East Coast energy consortium which struck a bargain with the federal government. In recent weeks, the feds announced their plans to move forward with the project, despite a majority of our state opposing the project.

I've been fighting the Lava Ridge project in court for the last two years, but it has been an uphill battle against the Biden Administration. Despite widespread opposition to the project, the federal bureaucracies making these decisions are not accountable to the wishes and priorities of Idahoans.

Even though the U.S. Supreme Court chose not to take up the Utah lands suit, I will fight to preserve public access to Idaho lands by keeping those decisions out of federal hands. I am also unshakeable in my belief that those lands will be managed best by Idahoans, rather than a faceless bureaucracy in Washington, D.C. where political whims shift with the wind. State control embodies the very principle of Federalism and reinforces that the best government is the government closest and most accountable to the people. The priority of Idahoans to protect access to their bountiful natural resources will always guide my actions.

Idaho lands need to be in Idaho hands.

Best regards,

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