No sale for Martin’s Cove

Janine Blaeloch and Christopher Krupp

Guest column, the Casper Star Tribune, May 19, 2002

Rep. Jim Hansen of Utah is used to getting his way. As a longtime member and now Chair of the House
Resources Committee, Hansen has engineered dozens of land deals, including lopsided land exchanges and
"disposals" to privatize public lands across the West. As he finishes his final term in office, Hansen is
conducting business as usual, except this time he proposes to sell off a publicly-owned National Historic
Site called Martin's Cove.

Hansen's bill would sell 1,640 acres currently managed by the BLM to the Mormon Church. The Church
claims a special relationship to the place, even though the Oregon, California, Mormon Pioneer, and Pony
Express trails all passed through that land. Hansen is vociferously defending his ill-conceived proposal. In a
letter to the Star-Tribune, he accused the opposition of bigotry and lamely offered "proof" the bill would
establish no precedent, citing two past sales to religious institutions. A close look reveals the weakness
of his defense.

• In 1988, Congress passed a bill to sell 40 acres of federal land in Clark County, Nevada to the Roman
Catholic Diocese of Reno/Las Vegas. A few years earlier, a Nevada woman who had purchased the
land from the county in good faith had bequeathed it to the Church. It was later discovered that the
land had not belonged to Clark County but to the federal government. The bill sought to correct the
county's mistake, respect the woman's good-faith purchase, and allow her bequest to be fulfilled. The
40 acres had no historic significance.

• In 1985, Congress permitted New York State to sell 5.8 acres of formerly federal land to the Bellville
Wesleyan Church. The land was part of a larger deal that had earlier conveyed federal land to New
York to be used for public purposes. All but the isolated church parcel had been managed for wildlife.
The church wished to acquire the small parcel from the state so that it could install a septic system and
parking lot. Because this didn't qualify as a public purpose, Congress chose to remove the public-
purpose condition it had earlier imposed. The 5.8 acres had no historic significance.

Any bill that privatizes public land deserves scrutiny, but these examples merely obfuscate the significance
of the Martin's Cove sale. From Hansen, this kind of behavior is nothing new. What remains to be seen,
however, is what WY Rep. Barbara Cubin will do. Cubin was the original sponsor of a Martin's Cove bill,
but has been coy since Hansen introduced his version. While it would be nice to think she's heeding the
cries of her constituents, it's far more likely that Cubin is setting up the classic bait-and-switch. When the
bill goes back to the committee for amendment, she'll probably make a speech about "protecting
Wyoming's interests," insert a few high-sounding but meaningless changes in the bill language, and give
herself credit for responding to those she represents.

Citizens of Wyoming and throughout the West who care about the integrity of public lands must without
delay voice their opposition to HR 4103, the Martin's Cove Land Transfer Act. Tell Barbara Cubin, the
other Wyoming delegates, and members of the Resources Committee that Martin's Cove must stay in the
public domain and no amount of "tweaking" will make this land sale acceptable.

Janine Blaeloch is director and Christopher Krupp staff attorney for the Western Land Exchange Project,
a Seattle-based non-profit organization that monitors federal land exchanges and conveyances and works
for public lands policy reform. The Project's website is www.westlx.org.