A freshman state lawmaker is suggesting that the federal government should seek permission from the Wyoming Legislature before acquiring more land, including private land from willing sellers, in the state. Legal experts argue that this debate reflects debunked legal posturing in a longstanding conflict over federal land ownership and management in the western part of the country.
Senator Greg Ide (R-Casper) criticized the U.S. Bureau of Land Management’s purchase of the private Marton Farm property in Natrona and Carbon counties in a letter to the agency’s Casper Field Office. Ide argues that the Wyoming Legislature has the authority, based on the U.S. Constitution and federal case law, to approve or disapprove land transfers to the federal government and to determine whether to grant exclusive jurisdiction to the government over acquired lands in the state.
In his three-page letter, which was printed on Wyoming Legislature letterhead and distributed as a press release, Ide references the Enclave Clause of the U.S. Constitution and various U.S. Supreme Court opinions to support his case that the BLM’s purchase of the Marton Farm property was problematic and that the agency’s management of the land is limited.
Ide concludes in the letter that since the BLM is proceeding with the land exchange after accepting public comments, the government should be legally prevented from exercising exclusive jurisdiction over the land once it is officially acquired, allowing Wyoming to manage the land like any other ordinary owner.
The sale of the private Marton Farm property was completed and announced by the BLM on June 2, 2022.
The non-partisan conservation and advocacy group Center for Western Priorities described Ide’s claims as “garbage.” They argue that states cannot dictate how the federal government manages federal land and that states have no standing to control who private landowners sell their land to.
According to University of Wyoming College of Law Associate Dean Mike Kalen, the language, tone, and reasoning in Ide’s letter are reminiscent of the Sagebrush Rebellion, referring to a movement from decades ago to transfer public lands from the federal government to the states. Case law has confirmed the federal government’s authority to own and manage the lands it holds and acquires, Kalen stated.
Federal power, obligations
Although states have broad power to negotiate the sale of state-owned properties to the federal government, there’s little that states can dictate when it comes to a private-to-federal transaction, according to Kalen.
The Federal Land Policy and Management Act of 1976 (FLPMA) is the governing law for the management of federal lands. The law grants the government the authority to acquire, exchange, or divest properties. The government can acquire private land under FLPMA through purchase or exchange, and it also has eminent domain authority to condemn properties if necessary.
Kalen added that a private-to-federal land sale is not overly complex. Whether the newly acquired land is private or not, FLPMA and the National Environmental Policy Act require federal agencies like the BLM or National Forest Service to ensure that the land aligns with the local land use plan before finalizing a deal. The government is also required to involve other entities such as state game and fish departments, local counties, and solicit public comment.
For example, in the case of the Marton Ranch acquisition, the BLM made the argument that the property contributes to conservation goals outlined in the Casper Resource Management Plan and the Rawlins Resource Management Plan.
Aaron Weiss from the Center for Western Priorities stated that states cannot dictate what the government does with federal land, and states have no authority to dictate who private landowners can sell their land to.
Kalen stated that in many cases, federal land acquisitions do involve the states, as they are able to comment on plans and provide input in their development, which is what they are doing now.
Marton Ranch offer
The BLM announced the “preservation purchase” of the 35,670-acre Marton Ranch on June 2, 2022. It is the largest land acquisition by the BLM in the state’s history, according to the BLM. The transfer of the private ranch to federal ownership provides public access to an additional 40,500 acres of interspersed BLM and state land parcels, as well as 6.8 miles of riverbank along the North Platte River, the BLM stated.
The voluntary sale had been in the works for several years, with The Conservation Fund and the Rocky Mountain Elk Foundation spearheading the deal. The BLM utilized $21 million from the Land and Water Conservation Fund to purchase the property.
“Through our long-term partnership with The Conservation Fund, we have a unique opportunity to conserve critical wildlife habitat on a landscape scale and expand access to the river and public land for our community and visitors,” said BLM High Plains District Manager Kevin Christensen in a prepared statement in June 2022.
The deal also aligns with President Joe Biden’s America the Beautiful initiative, also known as the 30×30 effort, which aims to conserve 30 percent of the country’s lands and waters by 2030.
Governor Mark Gordon objected to the BLM’s handling of the deal, arguing that state and local government agencies, as well as the public, were not consulted before the BLM decided to proceed with the purchase. Under Gordon’s direction, the state filed a complaint with the Interior Board of Land Appeals (IBLA). The IBLA ruled in favor of the state, prompting the BLM to revise the socioeconomic and environmental analysis by issuing a supplemental analysis in April and opening a public comment period that ended on May 13.
The Wyoming BLM will release public comments, respond to them, and make a final decision on the environmental analysis before the end of June, according to a BLM official.
Limiting federal government land development
Among the state’s concerns regarding the Marton Ranch acquisition is whether state and local agencies will incur additional costs related to expanded public access and the associated impacts of increased public use, according to the complaint to the IBLA. The state also raised concerns about potential grazing and mineral development losses.
Beyond these specific concerns, state and county leaders are wary of the government expanding its ownership and management of lands in the West.
In Wyoming, where the government owns and manages 48% of the land, lawmakers and county leaders have advocated for a “no net-loss” of private land. In response to the 35,670-acre Marton Ranch purchase, Governor Gordon called for the BLM to divest an equivalent amount of existing BLM lands.
Ide supports Gordon’s call for divestment of BLM lands and believes that the government agency has not followed “the rule of law” in the Marton Ranch deal.
“They sort of clandestinely purchased this,” Ide told WyoFile. “They didn’t ask for any public input or input from the state or the counties. We have jurisdiction over that land.”
Ide, an oil and gas landman by trade, stated that he is not against increased public access for recreation. His primary concern about the Marton Ranch acquisition is the loss of property tax revenue.
As federal property, the Marton Ranch will no longer be subject to state and county property taxes, resulting in an estimated annual revenue loss of about $10,000 ($7,000 to Natrona County and $3,000 to Carbon County), according to BLM estimates. The federal “Payment in Lieu of Taxes” (PILT) program is intended to compensate for such property tax losses due to federal land ownership, but Natrona and Carbon counties already receive the maximum allowable PILT payments based on population, according to the BLM’s analysis.
Whether the corresponding increase in recreation can make up for removing Marton Ranch from local property tax rolls is an open question, Ide said.
“I just want to get the conversation going and see if I can get some answers as to why [the BLM] hasn’t asked for permission from the Legislature,” Ide said. “If they don’t, I believe they should be treated as a landowner just like any other and should have to pay property taxes.”
Dustin Bleizeffer is a Report for America Corps member covering energy and climate for WyoFile. He has worked as a coal miner, an oilfield mechanic, and for 25 years as a statewide reporter and editor primarily.
