Issue Position: Federal Public Lands

Issue Position

Roughly 70% of the land in Utah is owned by the federal government, and therefore cannot be taxed or otherwise regulated by the State. Utah's economy--as well as the State's public education system--suffers as a result. Much of this suffering is unnecessary. Consistent with Article I, Section 8, Clause 17 of the Constitution, Congress should enact legislation providing that, except where Congress acquires land "by the consent of the State legislature," federal land within a State is subject to taxation and land-use regulation by the host State. In this and other areas of the law, Congress should not be content to rely on Supreme Court precedent that cannot fairly be reconciled with the text of the Constitution. If Congress doesn't want federal land to be taxed, it should either (1) acquire such land with the consent of the host State's legislature, or (2) sell the land and use the revenue to pay down the national debt.

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