SUWA is the Southern Utah Wilderness Alliance, a 501c3 charitable organization with offices in Salt Lake City, Moab, and Washington DC. Their stated “Mission of the Southern Utah Wilderness Alliance is the preservation of the outstanding wilderness at the heart of the Colorado Plateau, and the management of these lands in their natural state for the benefit of all Americans.”

To fulfill their mission to have more lands designated as Wilderness, Wilderness Study Areas, or Areas with Wilderness Character SUWA has used their army of attorneys to bring countless lawsuits against the BLM and other land managers. The threat of litigation has often pushed land managers into submission when evaluating new plans in favor of SUWA’s extreme environmental policy. Their single focused dedication to wilderness is serving only a narrow segment of Americans, while depriving the vast majority of Americans from enjoying our public lands.

SUWA has significant financial resources to gain ground through the courts, but they may have a big chink in their armor when it comes to Finances.. Their latest 990 Tax Return showed they had $25M in assets at the beginning of 2022, but only $22M at the end. In addition, they have unrealized losses of $3.2M in investments, that’s a decline of almost $6M in 2022 alone, a 25% decline. Compounding the issue with their balance sheet, their total revenue decreased in 2022 by almost 50%, yet expenses increased. The result was a net loss of $46,713 in 2022, compared to a profit of $4,743,299 the 2021.

SUWA brags about their Stewardship program that engaged 145 volunteers spending 2,437 volunteer hours during 2022. Sounds impressive until you consider the work hours and money that OHV groups expend improving and maintaining public lands. UPLA’s Sand Mountain Service project last year had 175 people over 2 days working almost 1,400 hours on just that one project. In Washington County alone, UPLA, Desert Roads and Trails Society, Tri State ATV Club, and St George Jeepers spent many more work days last year working on various projects including installing a second composting toilet and building a 5 acre staging area. Countless groups through Utah invested similar volunteer and financial resources on projects not only for OHV, but many other user groups as well.

We are good at doing the work, but we have not been great at getting the credit for it.

I’d like to share a story by Scott Groene, SUWA Executive Director, that is quite revealing about some of SUWA’s exaggerated claims about the pending doom caused by motorized traffic.

“Last summer, a massive flash flood blew through Mill Creek Canyon in southeast Utah, a place I often visit. Bursts of torrential rain filled the canyon with a temporary and raging river that hauled decades-old debris downstream, rearranging the canyon floor. Wandering the canyon afterwards, I was awed by how the flood uprooted or snapped mature trees, created new slickrock bowls where thickets of willow and tamarisk had stood, and washed out heavy brush to leave a parklike stand of tall cottonwoods rising over a floor of smooth bare sand. But I know that next spring, the undergrowth will return. The soils and plants will reestablish themselves where there is now only exposed and water-sculpted stone. The canyon will return to its former state”

I find it humorous that the epic devastation described will be restored in just a few months, yet they consistently complain that impacts caused by motorized vehicles will take many years,  or never recover.

In a 2017 settlement of one of SUWA’s lawsuits against BLM, BLM agreed to revise or complete 13 new Travel Management Plans by 2025. The settlement requires BLM to expressly consider impacts to lands with wilderness character, sensitive natural resources, and cultural resources. The recent Labyrinth Rims/Gemini Bridges plan was disastrous to OHV and dispersed camping with 317 miles (30%) of roads and in excess of 120 dispersed campsites closed. Additional Utah Travel Plans to come include Book Cliffs, Dinosaur North, Dolores Triangle, Henry Mountains, Nine Mile, Pausaugunt, San Rafael Swell, and Trail Canyon.

While it is commonly known that SUWA declared war against OHV users 40 years ago, they have carefully hidden the story of the impact this will have on other users such as equestrians, rock climbers, canyoneers, hikers, campers, paragliding, base jumpers, rock hounders, photographers, hunters, fishermen, and river users, which will be outlined later.

To really understand SUWA’s actions, it is important to understand some concepts

Wilderness and Wilderness Study Areas can only be designated by an Act of Congress. An area with wilderness character can be designated by BLM, Forest Service, or National Monuments with the stroke of a pen by a mid level manager. Wilderness areas must be at least 5,000 acres in size, and have “naturalness” (where the imprints of human intrusion are “substantially unnoticeable”).

The area must be entirely roadless, no OHV, but also no highways through the area. The proposed Alternative D of the Grand Staircase National Monument would add 559,000 acres as Wilderness, and encompasses an area the size of the State of Delaware, yet allows on 5 roads to traverse the entire area.

The Red Rock Wilderness Act was originally introduced into Congress in 1989, and has been reintroduced every year since without passage. It will add 8 million acres of Wilderness to the 1.8 million currently existing in Utah, an increase of more than 500%

Permitted Uses are non-motorized recreation including horseback riding, non-commercial herb gathering, hiking, camping, fishing, and hunting. Note that bicycles of all types are not allowed. What is not spoken of is that many of these allowed activities  will be impacted because of the new difficulty getting near the area to recreate. A fisherman’s favorite fishing hole may be far less attractive if they have to hike 8 miles to get there. Equestrians will be faced with a much longer ride to get to their favorite areas because of the lack of roads and staging areas. These factors will also likely affect rock climbers, canyoneers, snowmobilers, hikers, campers, paragliding, base jumpers, rock hounders, photographers, hunters, and fishermen.

Prohibited uses include use of motorized vehicles in wilderness including trucks, cars, bulldozers, snowmobiles, off-road vehicles, helicopters, and other motorized equipment such as chain saws cannot be used within wilderness areas. Grazing is allowed only if the permit existed continuously prior to the designation of the area as a wilderness. Additional restrictions apply in other areas, in the Grand Staircase, grazing is currently not allowed on 125,000 acres, under Alternative D, it will not be allowed on 1,092,000 acres, a 50% reduction.

SUWA’s strategy seems to be well thought out, and it’s been effective at restricting access to public lands for many users, and as they work to expand the interpretation of FLPMA in new ways, they will continue to be one of our strongest foes. First, they eliminate roads of all types in an area, that is why there is a focus on eliminating duplicate roads to get an area to exceed that 5,000 acre target where it can be considered for wilderness designation. Next, they need to close campsites that are permanent in nature, this includes bear boxes and fire rings, and of course any campsite accessed by any type of road. Eliminating grazing, mining, and extraction of fossil fuels is next. After these are accomplished, they will have the area designated as having wilderness character, which requires BLM to manage it to prevent any disruption in that character.

The proposed BLM Landscape Health and Conservation Rule, which SUWA was a strong supporter of, will be the magic bullet to make these steps much easier to accomplish without Congressional action, including all of the following:

• The ability to sell Conservation Land Leases to almost anyone to manage land with the rules they establish, and for as long as it takes to achieve the stated goal of returning it to it’s natural intact landscape. They can also be used to “mitigate” other actions, very similar to the carbon offset rules currently used by major polluters to offset their actions. State and local governments are not eligible to purchase the leases, but foreign governments, corporations, and even a new publicly traded security known as a Natural Asset Corporation is being considered by the Securities and Exchange Commission.
• Direct that BLM must designate new ACECs-Area of Critical Environmental Concern. We already have 70 ACEC’s in Utah, but BLM is required under the rule to designate more, regardless of whether it is necessary. The Rule is intended to be perpetual, meaning that even after doubling that to 140 by 2030 or even 1000, they would still be required to designate more.
• Adding annual reporting requirements to BLM State Directors about their progress in establishing more ACECs is overly burdensome, and will become a great tool to terminate management that is not compliant with establishing more ACECs.
• Establishment of new terms such as the priority to preserve or restore “intact landscapes” without any clear definition of what that means.
• The requirement that decisions be based on “high quality science” will eliminate comments made without expensive science studies may be considered not substantive, which means they don’t have to address them under NEPA.
• Grazing will be seriously curtailed in many more areas, leading to concerns with our food supply and thus potential national security issues.
• Allows BLM to levee fees or taxes without Congressional approval, and under the terms of a lease, those NACs and foreign countries can set their own fees for use of the land.
• The Rule will have a disparate impact on those individuals impacted by the Americans with Disabilities act in emphasizing the priority of wilderness, even though only 3% of visitors are to wilderness areas.

Summary: Ben Burr, Executive Director of BlueRibbon Coalition, has said repeatedly, “we need to start acting as big as we are.”  UPLA’s mission is to protect access for all responsible users, not just a privileged few. All the various users using our public lands may have slightly different beliefs, but we should all join together in fighting for access for everyone and stop the divide and conquer philosophy that detracts from our collective power.

Here are some critical steps you can take to make a difference:

• Take the time to understand land actions and make substantive comments on them. Under FLPMA, if a comment is not made during the open comments period, you do not have standing to bring an action in court. Comments by all users are one of the most important steps you can take as an individual in preserving our joint access. UPLA is organizing a Comments Training Workshop in Salt Lake City the day before SLOREX opens (February 29). Watch for more details and sign up to attend.
• Join groups such as UPLA that fight for access for all users, and when able donate to them to fight for you.
• Share news to others about actions of concern, and plead for your friends to take action. If you see a post or article of interest, share it with your friends.
• Organize or participate with local groups to enhance and protect resources on public lands. Consider stepping out of your particular recreation field and work on other projects of importance to others. Cleanups or repairs are generally welcomed and supported by Land Managers, contact them for approval and assistance. The Utah Department of Natural Resources has a fantastic Grants program that can provide both money and volunteer resources to complete projects in your area.
• Take the Credit! When scheduling a project, be sure to notify your local media about the event with a Press Release. After the event is over, send them photos and a report about how many participated, what was accomplished, and if you know what your next project will be. Email that information to UPLA so we can use it when we need it.
• Don’t Give Up! SUWA is clearly one of our most potent enemies and they are emboldened by our current political climate, we must start to ACT AS BIG AS WE ARE.

Together We Can Win,
But We Can’t Do It Without You!

Loren Campbell

Sources and References:

SUWA 2022 Annual Report

SUWA 2022 Tax Return

BLM Landscape Health and Conservation Rule-UPLA Comments

BLM Landscape Health and Conservation Rule-UPLA link to Rule and Concerns

Grants for OHV Recreation open February 1 and close on April 2, 2024

Utah takes great pride in its extensive off-highway vehicle (OHV) trail system, spanning over 80,000 miles and covering various trail networks throughout the state. This remarkable achievement is made possible through collaboration with city, county, nonprofit, state, tribal, and federal partners. Among these vast trails, approximately 1,200 miles are groomed complexes, forming Utah’s 13 snowmobile complexes.

During the 2018 General Session, the state introduced House Bill 143, sponsored by Representative Michael Noel and Senator Evan Vickers. This bill brought about crucial changes to the registration process and uniform statewide fees for ATVs and UTVs, certain motorcycles, and street-legal OHVs. These modifications paved the way for the OHV Program to establish an innovative funding source through grants. Among these grants, the OHV Recreation Grant (OHVR) stands tall, consisting of the following categories:

• Trail Work
• Access Protection
• Education
• Search and Rescue
• Snowmobile
• OHV Tourism
• OHV Land Acquisition

The state website has all the information about the various grants that are available. Grants & Planning – Utah Division of Outdoor Recreation.

OHV Program Guide ’24

The Supreme Court has scheduled oral arguments in the Loper Bright Enterprises v. Raimondo case for January 17, 2024. The Court will decide whether they should overrule Chevron v. Natural Resources Defense Council, a landmark precedent in 1984 that granted substantial deference to Federal Agencies in deciding how laws are interpreted, and thus also allowed them to promulgate rules in areas where underlying laws in ambiguous situations as long as its interpretation is “reasonable.”

Chevron is likely the most frequently cited case in American administrative law. Many legal actions have been dismissed by lower courts based on the “Chevron Deference,” refusing to hear arguments that the rules and decisions were made in violation of Federal law.

Loper Bright Enterprises is a group of fishing companies that is suing Gina Raimondo as the Secretary of Commerce. Commercial fisherman have been required by the National Maritime Fisheries Service to provide space on each boat for an inspector to monitor their fishing activities. Not only must they provide valuable cabin space, but they are required to pay the wages and benefits of that Federal employee, approximately $700 per day.

This case will decide 2 questions, one whether the Agency has the authority to require domestic vessels to pay the salary of the monitors they must carry, and more importantly for us, whether the Court should overrule Chevron, which would strip Federal Agencies of the deference granted by the Chevron decision.

What does this mean for us? The Federal Government has been steadily increasing their regulations by broadly interpreting underlying statutes, often using that deference to legislative by unelected officials. The underlying argument for the recently proposed BLM Landscape Health and Conservation Rule is largely based on an overly broad interpretation of the Federal Land Policy and Management Act of 1976. Many people complain about overreaches in Federal power. Many of the Justices have commented over the years raising the question about whether Chevron was improperly decided, and a positive outcome in this decision will go a long way to restoring balance and holding Federal agencies in check.

We are very hopeful that the current Supreme Court will decide favorably on this appeal. The oral arguments will be heard in January, but the final decision will probably not be announced until the Summer.

By Loren Campbell November 29, 2023

Utah Public Lands Alliance
Fighting to Keep Access to Your Public Lands

By Loren Campbell, President Utah Public Lands Alliance            November 2, 2023

We have been in a fight for access rights for all in Moab for a very long time, and that battle has heated up a lot in the last year as the result of a 2017 Settlement Agreement between the Department of the Interior and Southern Utah Wilderness Alliance to settle a lawsuit from 2008.

In September, BLM announced their decision to close access to 317 miles of some of the most popular roads and trails in the world in Labyrinth Canyon Gemini Bridges, just north of Moab, 28% of the road network. Also affected by the decision is the closing of almost 120 dispersed camping sites located along the closed roads.

On Monday October 30, an appeal was filed by BlueRibbon Coalition, CO Offroad Trail Defenders. And Patrick McKay. Matt Miller is the senior and lead attorney at the Center for the American Future at the Texas Public Policy Foundation, who filed the appeal with almost 1800 pages of exhibits, hand delivered in boxes to the BLM Moab Field Office.  Mr. Miller said “Every American shares in the ownership of public lands, which exist for the responsible enjoyment of anyone who wants to recreate on them. BLM is trying to move use of these lands from the rights-based system that has endured for decades to a permission based system that allows bureaucrats to close these lands to serve their policy preferences.” To read the full Notice of Appeal, click here.

The State of Utah, the United Four Wheel Drive Association, and a few others also filed appeals.

The Interior Board of Land Appeals has 45 days to respond to the appeal and request for stay, during which time the closures will not go into effect, thus trails will remain OPEN!

Utah Public Lands Alliance has pledged to match the first $50,000 in donations dollar for dollar for BlueRibbon Coalition’s Legal Defense Fund when the donation is made through this link. UPLA is also looking for companies or individuals that will extend the match beyond the first $50,000. In addition, every donor will also be able to claim BRC’s Highly Acclaimed Lost Trails Guidebook Volume 2. Your financial support is essential to winning this fight, please give whatever you can. If your organization would like to learn more about increasing the match, please contact me.

Watch an excellent and comprehensive video by Marcus from CORE that explains where we are and how we get here, including a candid assessment of the BLM decision, the political bias involved at both the local and Federal level, and most importantly why we need to support BlueRibbon Coalition financially. This is a turning point in our fight against the ever increasing federal overreach of their statutory authority, and if we don’t fight to win now, every decision going forward should be expected to have the same consequences.

Visit BlueRibbon Coalition for a map of the most popular trails closed by the Plan and more information. We also encourage you to become a Member of BRC

Access the ArcGIS Map done by Patrick McKay from Colorado Trail Defenders by Clicking here

The BLM has released it’s draft plan for the Grand Staircase-Escalante National Monument in Southern Utah. BRC engaged its members in 2022 during the scoping period. Comments are accepted until November 9, 2023.

Due to President Biden expanding the boundaries of GSENM, the BLM is in the process of updating the management plan that will include the additional acreage. The 3 additional alternatives proposed are all blatant reductions in access for the public and are unacceptable options. Because BRC and the State of Utah are currently litigating the expansion of the monument, the BLM should not move forward with the planning process. However, until legislation is passed to defund this planning process the public needs to submit comments letting the BLM know that the options are not viable for users and local communities. Please send in a comment below and add your own personal experiences and thoughts into your comment.

Alternative D, is the most restrictive option given. All alternatives will greatly reduce recreation and access across the entire monument. The Little Desert Open OHV will be closed which has a long history of use by the public. Although the majority of specific route closures will be addressed in Travel Management Planning, this plan sets the stage for those closures as you can see in the map below. Wood gathering within the entire monument could be prohibited, target shooting, fires unless in a fire pan would also be prohibited. Group sizes will be limited to 25 people. Routes that provide OHV access, camping access and access for local ranchers could also be closed. In OHV-limited areas, road density would be minimized. There are already so few roads within the monument, the fact the BLM is considering limiting road density even more is egregious. The roads that are already within the monument have difficulty being maintained simply because the BLM will not allow the county to maintain these routes. It is quoted in the plan that OHV use could continue to result in damage to resources. The BLM should first prove the resource damage caused by OHV’s before they claim use will “continue” to cause damage.

This chart shows the current management Plan, Alt A in the first column and Alt D is the most devastating with an area the size of Delaware only having 7 roads.

This chart shows the impact on changes in grazing areas, which will have a direct impact on our food supplies and thus national security.

Many of these routes were created by local ranchers. However, through this planning process grazing will be greatly restricted and reduced. Allotments with no valid permit will be unavailable to grazing along with about half of the monument which is nearly one million acres closed to livestock grazing.

“No new structural range improvements would be permitted unless a current (within the last 10
years) land health assessment and determination are completed for the allotment, unless the improvement would exclude livestock from an area and/or provide protection of GSENM objects. Nonstructural range improvements with a primary purpose of increasing forage for livestock would be prohibited.”

There is also the potential that 559,600 acres will be managed as lands with wilderness characteristics. Multiple new Areas of Critical Environmental Concern (ACEC) will be designated and historically these designations close or restrict use to all users. Restrictive management is what the BLM and special interest groups are advocating for which will remove all users from this massive monument.

All of these restrictions and proposals pose a massive threat to the local economies. There has already been a decline in the communities since the monument was first designated and these proposals will only exacerbate the issue. The plan states, “Under all alternatives, GSENM would continue to stimulate the local and regional economy through increased jobs, wages, economic output, nonmarket values, and ecosystem services from its uses, such as recreational opportunities and grazing and ranching allotments.” This statement is laughable as all alternatives restrict users and cripple local economies.

You can comment in one of 2 ways, but only until November 9.

1) Submit comments directly on the project planning website
2) Submit comments through the BlueRibbon Coalition Action Alert

Thank you to BlueRibbon Coalition for the summary of this plan

Our freedom to roam is under assault from a plan to close everything off and make us ask permission before we enjoy it.

There is a plan underway to close the great open spaces of the American West to you, me, our children, and our children’s children. The federal government — which owns most of this land — is determined to move from a “use and let use” system of accessing Western public lands to a permission-based system that will mean reservations, permits, and closures.

Just last month, the Bureau of Land Management issued a final decision to close 317 miles of historic and popular off-road trails near Moab, Utah. For decades, these trails — which are mostly old uranium mining roads — have been enjoyed by everyone from Jeep owners to dirt bike riders to base jumpers looking for a place to land. They have evocative names like Gemini Bridges, Mashed Potatoes, and Dead Cow Trail. They appear in guidebooks. Some of them are even featured in the hugely popular Easter Jeep Safari.

The plan is already being implemented, and it threatens the freedom enjoyed by tens of millions of Americans who hike, camp, Jeep, mountain bike, ATV, fish, swim, canoe, kayak, trail run, overland, base jump, raft, and backpack the millions of acres of free space that make “the West” the West.

I have enjoyed our public lands my entire life. There is nothing like a sip of coffee as you watch the first rays of dawn begin to break on the red rocks. You don’t realize how tough your kids are until they shrug off a chilly 15-degree night in a sleeping bag. And you don’t really appreciate how unfathomably vast the West is until you spend three days exploring the backcountry without seeing another human soul.

All of these experiences — and many others — take place on public lands. There is no entrance fee. There is no permit required. You just lace up your hiking boots, or jump in your pickup, or hop on your mountain bike, and you go. Simple as that. So long you don’t litter or destroy or cause a ruckus, you are left to your own devices. It is something that unites Americans of every class, creed, color, and political persuasion.

That feeling of expansive freedom speaks to everyone who steps outside to enjoy and explore America’s public lands. It feels like our birthright to enjoy them and, for hundreds of years now, it has been just that.

But now, that freedom to roam is under assault from a plan to close everything off and make you ask permission before you enjoy it. If nothing is done to stop it, one of the last, great, unifying forces in American public and private life will be fundamentally transformed and left unrecognizable before most people realize what is happening.

Zooming out, the aggressive rate of federal trail closures is part of the larger “30×30” plan that President Joe Biden announced shortly after taking office. The alleged intention is to “conserve at least 30% of U.S. lands and waters and 30% of U.S. ocean areas by 2030.”

There is no evidence that users of these trails have been damaging them. Indeed, people cherish these lands. Go drive the trails and you will rarely encounter even a single piece of trash. That is why they have been in use for decades with no appreciable degradation.

Nevertheless, the federal government is now implementing a plan to close hundreds of miles of cherished trails. And that is why the BlueRibbon Coalition — the nation’s premier group dedicated to preserving motorized access to wilderness — has joined with the Colorado Offroad Trail Defenders to challenge the plan in court. They are represented by my organization, the Texas Public Policy Foundation.

What the Biden administration’s plan really means is an aggressive plan to close those lands to use by the public. Well, not to the entire public — crunchy backpackers and hikers are still beloved by the left. But the executive decision will limit access for the “wrong” kind of outdoorsy people — people who drive Jeeps and Toyotas and ride ATVs and dirt bikes, and who look like they might be having a good time without suffering under a heavy backpack.

This seems to be a great paradox to those who do not understand why people love overlanding, dispersed camping, dirt biking, ATV riding, and off-roading, but it is no mystery to those of us who actually engage in these activities. We love the wilderness, too. We love taking our children, friends, and family out there and enjoying fresh air and magnificent scenery. If we come across someone else’s trash, we pick it up. If we see someone breaking the rules (by, say, driving off-trail), we reprimand them.

There are very, very few law enforcement personnel on these lands enforcing the rules. Instead, the motorized travel community self-enforces an ethic of respect for public lands. We teach it to our children. That is why these trails remain so attractive as a place to recreate.

The Moab closures are a bellwether case for protecting access to public lands. The closures represent a provocative challenge to an entire way of life for millions of people in the West. If the Biden administration can close these lands, it can close them anywhere. Americans have shown themselves to be responsible stewards of their public lands, and they deserve to be able to enjoy them — freely — for generations to come.

By Matt Miller, Texas Public Policy Foundation     November 2, 2023