S-2417-119
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
Sponsored by John Curtis (R-UT)
What it does
This bill would require the Secretary of Agriculture to issue a 10-year special use permit allowing a named individual (or, if he declines, another qualifying local resident or organization) to place and maintain a U.S. flagpole at Kyhv Peak Lookout Point in the Uinta National Forest, Utah. It exempts this permit from land use fees and from review under the National Environmental Policy Act, and sets renewal and priority procedures for future 10-year permits.
Who benefits
The named permit recipient, Robert S. Collins of Provo, Utah, and subsequent qualified individuals or nonprofit/volunteer organizations from Utah County who maintain the flagpole; local residents and visitors who value the flagpole as a landmark or patriotic site.
Who is hurt
No group is substantially harmed; potential minor effects include other members of the public or organizations outside Utah County who might otherwise seek similar access to the site, and any environmental review process that would normally apply to structures on national forest land is bypassed, which could concern conservation groups on principle even though the physical footprint is minimal.
Supporters argue
Supporters argue that this modest bill formalizes an existing, popular local tradition of flying the flag at a well-known overlook, waives paperwork and fees for a small volunteer-run structure, and exempts a trivial land use from a lengthy NEPA review process that would be disproportionate to a single flagpole. They contend the priority system ensures continuity by letting the community itself choose future caretakers.
Opponents argue
Opponents argue that naming a specific private individual in federal statute to receive a land use permit sets an unusual precedent for Congress to bypass the Forest Service's normal permit application and review process. They contend that blanket exemption from NEPA, even for a small structure, erodes the principle that federal land use decisions undergo environmental and public review, however minor the individual footprint.