“Utahns pride themselves on being the most patriotic people in the country and it is disappointing that federal policy would hamper such a wholesome local tradition,” said Rep. Curtis. “Frustratingly, this is too often the case in Utah where nearly seventy percent of the land is federally managed. I am proud to recognize Robert’s patriotism and resolve this issue so Utahns can see the stars and stripes on the Peak once again.”

BACKGROUND:

For two decades, Robert Collins has seasonally hoisted an American flag atop Kyhv Peak above Provo, Utah. Following the snowmelt, a group ascends the trail to mount a temporary flagpole, conducting a ceremony that honors our nation, veterans, and constitutional rights.

In 2021, Mr. Collins was informed that it is contrary to Forest Service policy to allow for the “…Construct[ion], plac[ment], or maintain[ance of] any … structure… or other improvement on National Forest System lands or facilities without a special-use authorization, contract, or approved operating plan…”.^[1]

In states where there is less federal land, the decision to erect a small monument like the flag on Kyhv Peak would be made by a local government representing the community and its needs. Federal land management agencies do not have the authority to make such unique decisions for local land uses. So, when such a need arises in a Western federal public-land state, like Utah, federal legislation is often required.

Key Provisions of the Bill:

• Require the Forest Service to issue a special-use permit to Robert Collins for the placement and maintenance of a flagpole bearing the flag of the United States,
• Allow the Forest Service to promulgate regulations for the proper care and maintenance of the flagpole,
• Allow for the permit to be reissued or terminated.

ADDITIONAL READING:

FOX 13: New bill could bring American flag back to Kyhv Peak after order to cease

For bill text, click here.

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