With all of the recent attention on the federal mismanagement of our public lands, it can be confusing to sift through all of the media to determine what truly is accurate information and what is actually misinformation. In February the J. Reuben Clark Law School at Brigham Young University published a law review discussing Donald J. Kochan's 2013 White Paper on Utah's Transfer of Public Lands Act (HB 148). Here are some excellent points from that review: - "In the End, there is a credible case that rules of construction favor an interpretation of the Utah Enabling Act that includes some form of a duty to dispose on the part of the federal government."
- ..."the primary arguments made against the TPLA miss their target..."
- "The TPLA is sufficiently distinct that it can be...studied effectively in isolation apart from the relatively dense history of land disputes in the State of Utah and elsewhere in the West."
- "For one thing, the United States Supreme Court has consistently held that federal commitments made to the sovereign states at their time of entry into the Union are serious and enforceable."
- "At the very least, it seems clear that the law is not "clearly" unconstitutional as some opponents contend."
Please take a few moments today to read up on this crucial subject and share what you learn with those in your circle of influence. You can find the complete review here. It is worth the read! |