Native tribe alleges Rep. Maloy’s land sale proposal violates NEPA

WASHINGTON COUNTY, Utah — A May 8 statement from the Shivwits Band of Paiutes alleges that a land sale proposal amendment sponsored by Utah Rep. Celeste Maloy violates the National Environmental Policy Act. 

Maloy introduced it to the House Natural Resources Committee late on May 6. She worked alongside Nevada Rep. Mark Amodei to develop it. 

 

The tribe outlined several additional reasons for opposition, including “unlawful impact on cultural resources” and failure to recognize tribal sovereignty. 

Two of the parcels included in the land sale proposal sit between the Shivwits Reservation and Gunlock Reservoir. They encompass part of the Santa Clara River, where water rights belonging to the federally recognized tribe flow. 

Arguments against the land sale proposal

According to the tribe, the sale “demonstrates a blatant disregard of the National Environmental Policy Act.” 

NEPA requires the examination of the potential environmental impacts of its proposals. It also requires that organizations allow time for public engagement. 

The land sale proposal was introduced late on May 6 as a last-minute addition to a “mega bill,” which proposes changes to tax policy, food assistance, agriculture, and environmental policy. 

According to Maloy, the amount of federal lands in the area impacts local ability to develop economically and build transportation infrastructure, as well as causes difficulty to manage natural resources and recreation. She also claims the land sale would help reduce the U.S. federal deficit. 

Despite criticism, Maloy asserted that her amendment has allowed plenty of time for public input in an interview with Fox 13. 

No environmental assessments related to the sale have been made public at this time. The amendment text requires the identified Utah federal lands to be transferred to owners within 180 days of enactment — the only assessments it orders are price appraisals. 

According to the amendment text, over 500,000 acres are included. KSL NewsRadio previously reported that approximately 10,000 acres are in Utah’s Washington and Beaver Counties. The majority of it is in neighboring Nevada. 

The Shivwits Reservation is located in Washington County.

 

The Secretary of the Interior must convey federal land in Utah to specific entities within 180 days of enactment. The conveyance must be for fair market value, subject to valid existing rights, and the proceeds will be deposited in the Treasury. The secretary must finalize maps and legal descriptions of the covered land within 120 days.

The Shivwits Tribe’s criticism was echoed by other environmental advocacy groups, including Southern Utah Wilderness Alliance and the Outdoor Alliance. 

A press release from SUWA alleged that Maloy’s last-minute introduction was intentional. 

“Rep. Maloy is hell-bent on selling off and privatizing public lands — attempting to do so in the dark of night, hoping her actions wouldn’t be noticed,” wrote Travis Hammill, the organization’s D.C. director. “This plan was cooked up behind closed doors, and Utahns and Americans aren’t going to let her get away with this. The Southern Utah Wilderness Alliance, our members, and our partners are making certain that in the light of day, her actions will be seen for what they truly are: a sell-off of public lands to pay for billionaire tax cuts.” 

In a Myth vs. Fact graphic issued by her office, Maloy asserted the purpose of the land sale proposal, writing that Washington County wants the land to manage growth. She also denied that the sale was designed to further President Donald Trump’s political agenda or to benefit real estate. 

After the amendment was proposed, it was approved with a 26-17 vote in the House Natural Resources Committee. It hasn’t become law yet, as it still needs to go through the entire House and the Senate before it can reach President Trump’s desk. 

The Shivwits’ full statement can be viewed on the tribe’s website.