How Politicians Are Using Taxpayer Money To Fund Their Campaign and To Sell Off America’s Public Lands

— by Matt Lee-Ashley, Guest Contributor at ThinkProgress-Climate

west land
CREDIT: AP PHOTO/REED SAXON

The recent Cliven Bundy debacle in Nevada put a national spotlight on the long-running, and long-failing, effort by right-wing Western legislators to seize federal public lands and either turn them over to the states or sell them to the highest bidder.

While the renewal of this so-called “Sagebrush Rebellion” has thus far been carried out with limited resources by part-time legislators like State Rep. Ken Ivory (R-UT), new research shows that its leaders are now using taxpayer money from at least 42 counties in nine Western states to advance an aggressive and coordinated campaign to seize America’s public lands and national forests for drilling, mining, and logging.

According to a ThinkProgress analysis, the American Lands Council (ALC) — an organization created to help states to claim ownership of federal lands — has collected contributions of taxpayer money from government officials in 18 counties in Utah, 10 counties in Nevada, four counties in Washington, three counties in Arizona, two counties in Oregon, two counties in New Mexico, and one county in Colorado, Idaho, and Wyoming. In total, county-level elected officials have already paid the ALC more than $200,000 in taxpayer money. A list of these counties and their “membership levels” can be seen on the ALC website.

Since its inception in 2012, the ALC has been working with the American Legislative Exchange Council (ALEC), a conservative front group backed by the oil and gas industry and billionaire brothers Charles and David Koch, to pass state-level legislation demanding that the federal government turn over federally owned national forests and public lands to Western states. So far, Utah is the only state to have signed a law calling for the seizure of federal lands, but Nevada, Idaho, Wyoming, and Montana have passed bills to study the idea and further action is expected in statehouses during 2015 legislative sessions.

Legal experts report that Utah’s law, and similar bills being advanced by ALC and ALEC are in clear violation of Article IV of the Constitution, are in conflict with the laws that established Western states, and would be overturned if ever tested in federal court.

As the American Lands Council has grown in influence and resources, its activities have received new scrutiny. ALC President Ken Ivory, for example, reportedly earned more than $40,000 from the organization in 2012 (his salary for 2013 has not yet been disclosed). According to the Salt Lake Tribune, Ivory’s wife, Becky, also receives payments from the ALC.

A recent fundraising email obtained by ThinkProgress also shows that at least one ALC member, Washington County, Utah Commissioner Alan Gardner, is using his government title and government email account to raise money for ALC’s lobbying efforts and training of political candidates.

The fundraising solicitation that was sent from Gardner’s official government email address on June 13 asks county governments to contribute $1,000 to become a “Bronze” member, $5,000 to become a “Silver” member, or $25,000 to become a “Gold” member of the ALC.  Gardner confirmed to ThinkProgress that he was the author of the email.

The fundraising solicitation says that up to $100,000 will be spent by ALC on a “Campaign Project” aimed at equipping candidates for federal, state, and county office with “materials and resources to build broad based Knowledge and Courage to compel Congress to honor its promise to us and our children to transfer title to the public lands….” Gardner’s email also reports that the funds will be used for lobbyists, a legal team, polling, and engaging the Federalist Society and the Heritage Foundation.

ALC’s use of county funds adds to the growing cost to taxpayers of the right-wing land seizure movement. The state of Utah, for example, has already spent more than $500,000 to study a takeover of federal land and has set aside an additional $3 million for legal fees to fight the federal government in court. In Idaho, when the Attorney General’s office questioned the legality of seizing federal lands, legislators in the state spent more than$20,000 on private counsel. In Nevada, a federal land seizure study cost taxpayers more than $66,000, while a special task force to study the issue in Wyoming cost taxpayers$30,000.

In addition to using taxpayer funds to advance unconstitutional bills to seize federal lands, the ALC also relies on financial support from the mining industry and fossil fuel interest groups. Americans for Prosperity, for example — another group financed by the Koch brothers — is listed as a “Bronze Member” of ALC. Mesa Exploration, a mining company whose recent proposal to build a potash mine in an area that the Donner Party crossed in 1846 was recently nixed by federal land managers, is also listed as a “Bronze Member” on ALC’s website.

Matt Lee-Ashley is a senior fellow and director of the Public Lands Project at the Center for American Progress. You can follow him on Twitter at @MLeeAshley.


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.

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Tell Congress: Update the Mining Law of 1872!

Chicago Peak is located in Western Montana’s Cabinet Mountains Wilderness Area, and is a holy place for the Salish and Kootenai native tribes.  In other words: It’s a terrible location for a massive proposed copper and silver mine.1

But under the shockingly antiquated General Mining Law of 1872, the National Forest Service says it has no choice but to approve the mine. Even worse, this relic of a law will hand nearly $20 billion dollars worth of publicly owned minerals to Canadian company Revett Minerals, totally for free.2  We get nothing.

This mine is only one example. Overall, Congress’s failure to update our 140-year-old mining law is one of the most egregious, expensive and destructive failures in federal land management.

Tell Congress: It is long past time to update the General Mining Law of 1872!

The General Mining Law of 1872 is literally an artifact of another era.In 1872, Women could not vote in America. There were only 37 States in the Union. And our government sought to settle the vast Western territories by handing out mining rights to fortune-seeking settlers.

Yet today, this relic continues to govern hard rock mining of metals like copper, uranium, silver and gold. The result is a massive giveaway to giant mining companies that rips off taxpayers to the tune of tens of billions of dollars. Under the law:3

  • Mining leases can be purchased at 1872 prices of $2.50 – $5 an acre.
  • Companies can mine publicly owned mineral resources without paying any royalties. We just give it away!
  • Federal land managers must prioritize mining over all other land uses.
  • The law contains NO environmental protections — which has led to the pollution of more than 40% of Western U.S. watershed, and left us holding the bill for an estimated more than $30 billion in mine cleanup and reclamation.

Tell Congress: Update the Mining Law of 1872!

In today’s world of giant, international mining conglomerates using massive pieces of equipment and polluting huge volumes of water to rip up the earth — as opposed to Wild West times of risk-taking prospectors and their pack mules seeking fortune – this law should be a page in history books, not our actual law books!

Congress has twice tried and failed to reform the law. But it’s long past time for an updated mining law that allows land managers to protect unique public lands from mining, implements strong environmental standards for mines, collects funds for mining reclamation, and puts a fair royalty on the extraction of these publicly owned resources.4

It is crazy that our mining law pre-dates the invention of the telephone and the light bulb. Tell Congress to update this massive giveaway, the General Mining Law of 1872.

1. “Big Mine. Bigger Trouble,” Rock Creek Aliance
2. “A Sacred Peak With Rich Ore Deposits,” New York Times, April 9, 2012
3. “General Mining Law of 1872,” Earthworks
4. “1872 Mining Law Reform Requirements,” Earthworks