#NotSoSwell Bill Passes Senate Committee: What You Can Do

Sen. Orrin Hatch’s (R-UT) “Not-so-Swell” bill, the Emery County Public Land Management Act of 2018, passed a Senate markup Tuesday on voice vote. The bill remains a one-sided proposal from a county that openly admits it is attempting to designate the minimum amount of wilderness it can get away with.

So now, we must fight. There are still things we can do to fix this.

Sen. Dick Durbin’s (D-IL) office spent much of last week working to negotiate a better deal, a process cut absurdly short when Sen. Hatch’s office declared that an arbitrary deadline had not been met. Now Sen. Hatch intends to try to ram this legislation through by either sticking it on a behemoth public lands package, or by attempting to inappropriately sneak it on to completely unrelated legislation. 

This means we need you to contact your Senators and tell them the Emery County Public Lands Management Act MUST NOT PASS as is. 

The bill leaves more than two thirds of the deserving wilderness in Emery County unprotected. It does not have sufficient protections for Muddy Creek, which, as the largest wilderness unit in the county, would be a no-brainer in a legitimate bill. It also leaves important parts of Labyrinth Canyon unprotected, designating wilderness on only the western side of the canyon corridor, and artificially curtailing boundaries to protect illegal mountain biking routes.  And the bill envisions no protection whatsoever for the San Rafael Badlands, a rugged and incredibly wild landscape that is chock full of unique and precious archaeological sites.

Sen. Hatch’s counterpart in the House, Rep. John Curtis, is fond of saying that nobody will get everything they want in this bill. But even if those three places were added, only half of the deserving wilderness in America’s Red Rock Wilderness Act would gain protection. 

The other goodies in the bill for the county prove that, in actuality, a tiny band of Emery County officials are getting just about everything they want on lands that belong to all Americans. Not only does the bill fail to protect hundreds of thousands of acres of wilderness, it also takes a bite out of an existing Wilderness Study Area to facilitate a coal mine. The bill will make recreation impacts worse in many sensitive areas, and a designation that was to be a National Conservation Area in early versions of the bill has been downgraded to a “Recreation Area,” completely changing the way the BLM will manage the lands. 

Finally, Hatch’s office removed a federal-state land exchange that would have consolidated scattered state parcels out of designated wilderness and moved them to another area. Done well, land exchanges like these can be a conservation gain. But it became clear that Utah wanted to trade into a disputed parcel of land that the Ute Tribe claims as its own, and rather than telling the State Trust Lands Administration to come up with a better proposal, Sen. Hatch’s office instead chose to sweep the issue under the rug. Now if the bill passes, the SITLA lands would be stranded, and the school kids the Utah delegation likes to use as an excuse to bludgeon public lands will get diddly. 

There is limited time remaining in this Congress, and Sen. Hatch has limited floor time in which to pass this legislation. Help us make his path more difficult by calling your Senators and asking them to oppose S. 2809, the Emery County Public Lands Management Act. 

Congressional Switchboard: (202) 224-3121