cavemn5050
Active Member
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- 109
Can I hunt SITLA land just like any other public land?
SITLA land
- Thread starter cavemn5050
- Start date
grizzly
Long Time Member
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According to Utah state law (see below), SITLA-managed land is specifically excluded from the definition of "public land".
You have ZERO right to access it without the permission of a board of appointed officials.
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(10) "Public land" means any land or land interest acquired by the state from the federal government pursuant to Section 63L-6-103, except:
(a) areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and
(b) lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act.
Grizzly
You have ZERO right to access it without the permission of a board of appointed officials.
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(10) "Public land" means any land or land interest acquired by the state from the federal government pursuant to Section 63L-6-103, except:
(a) areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and
(b) lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act.
Grizzly
BlackBear53
Active Member
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- 137
But in 2007 SITLA land was "leased" for hunting by the DWR:
Hunter Access Agreement
In 2007 the Trust Lands Administration entered into a hunter access agreement with the State of Utah Division of Wildlife Resources (UDWR). The terms of this agreement allow for public hunting access on trust lands in exchange for an annual payment to the Trust Lands Administration by the UDWR. This agreement allows the Trust Lands Administration to fulfill its mandate of generating revenue for the trust beneficiaries while preserving hunting opportunities for the general public.
https://trustlands.utah.gov/business-groups/surface/recreational-use-of-trust-lands/hunting/
Of note is that commercial guides and outfitters must get a right of entry permit before guiding on SITLA land
Hunter Access Agreement
In 2007 the Trust Lands Administration entered into a hunter access agreement with the State of Utah Division of Wildlife Resources (UDWR). The terms of this agreement allow for public hunting access on trust lands in exchange for an annual payment to the Trust Lands Administration by the UDWR. This agreement allows the Trust Lands Administration to fulfill its mandate of generating revenue for the trust beneficiaries while preserving hunting opportunities for the general public.
https://trustlands.utah.gov/business-groups/surface/recreational-use-of-trust-lands/hunting/
Of note is that commercial guides and outfitters must get a right of entry permit before guiding on SITLA land
Castnshoot
Very Active Member
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- 1,114
If you have hunted blm land at all, you have likely hunted Trust land and did not even know you were on it.
Take a look at how trust lands are laid out. You will probably be supersized.
Take a look at how trust lands are laid out. You will probably be supersized.
grizzly
Long Time Member
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From trustlands.utah.gov...
"Trust lands are generally open to the public for responsible recreational activities including hunting,?fishing, hiking, camping, and off-highway vehicle (OHV) use.
However, public access to trust lands can be withdrawn at any time to allow SITLA to meet its constitutional mandate to generate revenue to support trust land beneficiaries.
Unlike public lands, these lands are held in trust to directly support specific state institutions as designated by the U.S. Congress. As such, recreational and other public access may be restricted, routes altered or terminated, and other infrastructure removed to accommodate future development."
Grizzly
"Trust lands are generally open to the public for responsible recreational activities including hunting,?fishing, hiking, camping, and off-highway vehicle (OHV) use.
However, public access to trust lands can be withdrawn at any time to allow SITLA to meet its constitutional mandate to generate revenue to support trust land beneficiaries.
Unlike public lands, these lands are held in trust to directly support specific state institutions as designated by the U.S. Congress. As such, recreational and other public access may be restricted, routes altered or terminated, and other infrastructure removed to accommodate future development."
Grizzly
cavemn5050
Active Member
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- 109
Since we have some back and forth on this, I called the DWR Northern Utah office and was told that is not considered private land and can be accessed just like any other public land.
I probably should have written down the lady's name just in case.....
I probably should have written down the lady's name just in case.....
grizzly
Long Time Member
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SITLA could, at any time, make Utah a checkerboard of inaccessible land where hunting is not allowed.
They could even, at their own will, lease all SITLA land to a single outfitter or sportsman's organization and claim it was merely fulfilling their constitutional duties to raise funds for schools.
Protecting public access is in no way part of their consideration when making decisions about land under their purview.
Grizzly
They could even, at their own will, lease all SITLA land to a single outfitter or sportsman's organization and claim it was merely fulfilling their constitutional duties to raise funds for schools.
Protecting public access is in no way part of their consideration when making decisions about land under their purview.
Grizzly
grizzly
Long Time Member
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LAST EDITED ON Jul-14-16 AT 09:55AM (MST)[p]>Since we have some back and
>forth on this, I called
>the DWR Northern Utah office
>and was told that is
>not considered private land and
>can be accessed just like
>any other public land.
>
>I probably should have written down
>the lady's name just in
>case.....
There is no back and forth. The law is clear.
My post 1 is copied directly from state law, my post 5 is copied off SITLA's website. It is not public property, in fact people were just arrested for accessing SITLA land last week (see other thread). You can believe that lady if you want, but the law is clear and you have no right to access SITLA property and any agreement with DWR could be retracted at any time.
Grizzly
>forth on this, I called
>the DWR Northern Utah office
>and was told that is
>not considered private land and
>can be accessed just like
>any other public land.
>
>I probably should have written down
>the lady's name just in
>case.....
There is no back and forth. The law is clear.
My post 1 is copied directly from state law, my post 5 is copied off SITLA's website. It is not public property, in fact people were just arrested for accessing SITLA land last week (see other thread). You can believe that lady if you want, but the law is clear and you have no right to access SITLA property and any agreement with DWR could be retracted at any time.
Grizzly
a10warthog
Member
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- 25
I researched this last year. Talked the Department of the Interior, I do believe, and was told I could access and use these properties.
grizzly
Long Time Member
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- 5,612
>I researched this last year. Talked
>the Department of the Interior,
>I do believe, and was
>told I could access and
>use these properties.
If that were true then 10 people wouldn't have been arrested and hauled to jail for trespassing when they accessed and protested a mine on SITLA land leased to US Oil on Tavaputs a week ago.
It doesnt matter what some lady says who answers the phone. Law is clear. SITLA land is specifically not public property and people can, and have been, charged for accessing it. Trespassing laws don't change depending whether you're hiking in to protest or hiking in to hunt. It's still trespassing and you can be charged as such (and then could lose the big bull elk you've waited decades to hunt).
You hand to check on accessibility for each parcel. Just because it's SITLA land doesn't mean you can access it. And just because you hunted there last year, doesn't mean you can hunt there again. It can change at any moment, for any reason.
I'm not saying to avoid SITLA land; just don't believe you have the automatic right to hunt there. You don't.
Grizzly
>the Department of the Interior,
>I do believe, and was
>told I could access and
>use these properties.
If that were true then 10 people wouldn't have been arrested and hauled to jail for trespassing when they accessed and protested a mine on SITLA land leased to US Oil on Tavaputs a week ago.
It doesnt matter what some lady says who answers the phone. Law is clear. SITLA land is specifically not public property and people can, and have been, charged for accessing it. Trespassing laws don't change depending whether you're hiking in to protest or hiking in to hunt. It's still trespassing and you can be charged as such (and then could lose the big bull elk you've waited decades to hunt).
You hand to check on accessibility for each parcel. Just because it's SITLA land doesn't mean you can access it. And just because you hunted there last year, doesn't mean you can hunt there again. It can change at any moment, for any reason.
I'm not saying to avoid SITLA land; just don't believe you have the automatic right to hunt there. You don't.
Grizzly
The same result would have happened had this mine been on BLM land.
From DOI BLM FAQ.
"A federal lease or permit holder may not exclude the public from their lease or permit area, if appropriate public easements exist. However, they do have the right to exclude the public from entering any buildings or other improvements they may have been authorized to construct on the area under permit. Additionally, some areas may be closed to public entry by order of the federal land management agency. An example of this is a mining operation that has been closed for reasons of public safety."
Just because it's BLM, or public land, doesn't automatically give you the ability to hunt there.
From DOI BLM FAQ.
"A federal lease or permit holder may not exclude the public from their lease or permit area, if appropriate public easements exist. However, they do have the right to exclude the public from entering any buildings or other improvements they may have been authorized to construct on the area under permit. Additionally, some areas may be closed to public entry by order of the federal land management agency. An example of this is a mining operation that has been closed for reasons of public safety."
Just because it's BLM, or public land, doesn't automatically give you the ability to hunt there.
The UDWR leases the hunting/fishing rights on SITLA properties. The funding for the lease comes from Habitat earmarks from licenses and Federal Aid. When the lease started I believe it was $500,000 per year and now that price has escalated to around $770,000ish. If SITLA sells or leases land then SITLA is supposed to refund the prorated lease fee for that property. SITLA can also designate lands not part of the hunting/fishing lease.
SITLA was looking at leasing options to private individuals which could have made CWMUs or kept the public out. One thing is certain, SITLA isn't the easiest agency to work with on these issues and at any time they could disallow hunting or public access to those lands.
The Governor's administration had to do some serious negotiating to get the SITLA hunting lease. The current lease expires the end of 2017. Just my personal opinion as I'm not involved with the lease anymore-- but I have doubts that the UDWR will be able to get another lease for the SITLA lands.
SITLA was looking at leasing options to private individuals which could have made CWMUs or kept the public out. One thing is certain, SITLA isn't the easiest agency to work with on these issues and at any time they could disallow hunting or public access to those lands.
The Governor's administration had to do some serious negotiating to get the SITLA hunting lease. The current lease expires the end of 2017. Just my personal opinion as I'm not involved with the lease anymore-- but I have doubts that the UDWR will be able to get another lease for the SITLA lands.
cavemn5050
Active Member
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- 109
this is from the Trust Lands Administration website
https://trustlands.utah.gov/business-groups/surface/recreational-use-of-trust-lands/hunting/
Hunting opportunities abound on trust lands throughout the state. Trust lands are open to the general public for hunting. We ask that you be respectful of trust lands as you engage in hunting activities and help us to preserve and protect the resource for the trust beneficiaries. Please contact the State of Utah Division of Wildlife Resources for more information on hunting seasons and licensing requirements.
Hunter Access Agreement
In 2007 the Trust Lands Administration entered into a hunter access agreement with the State of Utah Division of Wildlife Resources (UDWR). The terms of this agreement allow for public hunting access on trust lands in exchange for an annual payment to the Trust Lands Administration by the UDWR. This agreement allows the Trust Lands Administration to fulfill its mandate of generating revenue for the trust beneficiaries while preserving hunting opportunities for the general public.
https://trustlands.utah.gov/business-groups/surface/recreational-use-of-trust-lands/hunting/
Hunting opportunities abound on trust lands throughout the state. Trust lands are open to the general public for hunting. We ask that you be respectful of trust lands as you engage in hunting activities and help us to preserve and protect the resource for the trust beneficiaries. Please contact the State of Utah Division of Wildlife Resources for more information on hunting seasons and licensing requirements.
Hunter Access Agreement
In 2007 the Trust Lands Administration entered into a hunter access agreement with the State of Utah Division of Wildlife Resources (UDWR). The terms of this agreement allow for public hunting access on trust lands in exchange for an annual payment to the Trust Lands Administration by the UDWR. This agreement allows the Trust Lands Administration to fulfill its mandate of generating revenue for the trust beneficiaries while preserving hunting opportunities for the general public.
grizzly
Long Time Member
- Messages
- 5,612
