Federal Land Ownership: Constitutional Authority, History of Acquisition, Disposal and Retention of Federal Lands Options

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Here's a link to a December 3, 2007 Report for Congress that has very valuable information on why State, County and Local laws are preempted by the Supremacy Clause (Article VI, Clause 2) of the U.S. Constitution if they conflict with federal laws, regulations or purposes. This is a good history lesson on how the federal government manages the the lands and the conflicts that are still ongoing.

http://www.law.umaryland.edu/marshall/crsr...67_12032007.pdf

Here is the summary of the Report;

Summary
Federal land ownership began when the original 13 states ceded their “western”
lands (between the Appalachian Mountains and the Mississippi River) to the central
government between 1781 and 1802. Substantial land acquisition in North America
via treaties and purchases began with the Louisiana Purchase in 1803 and culminated
with the purchase of Alaska in 1867. In total, the federal government acquired 1.8
billion acres in North America.
The U.S. Constitution addresses the relationship of the federal government to
lands. Article IV, § 3, Clause 2 — the Property Clause — gives Congress authority
over federal property generally, and the Supreme Court has described Congress’s
power to legislate under this Clause as “without limitation.” The equal footing
doctrine (based on language within Article IV, § 3, Clause 1), and found in state
enabling acts, provides new states with equality to the original states in terms of
constitutional rights, but has not been used successfully to force the divestment of
federal lands. The policy question of whether to acquire more, or to dispose of any
or all, federal lands is left to Congress to decide.
The initial federal policy generally was to transfer ownership of many federal
lands to private and state ownership. Congress enacted many laws granting lands and
authorizing or directing sales or transfers, ultimately disposing of 1.275 billion acres.
However, from the earliest times, Congress also provided for reserving lands for
federal purposes, and over time has reserved or withdrawn areas for such entities as
national parks, national forests, and wildlife refuges.
The Taylor Grazing Act of 1934 was enacted to remedy the deterioration of the
range on the remaining public lands. This was the first direct authority for federal
management of these lands, and implicitly began the shift toward ending disposals
and retaining lands in federal ownership. In 1976, Congress formally declared that
national policy was generally to retain the remaining lands in federal ownership in
the Federal Land Policy and Management Act.
The “Sagebrush Rebellion” was a collection of unsuccessful state and local
efforts, beginning in 1978, to assert title to federal lands or force their divestiture.
It also included efforts by the Reagan Administration and in Congress to divest of
many federal lands, which also proved unsuccessful.
Legislation on federal land disposal continues to be considered. Bills for the
wholesale disposal have not been introduced in more than a decade, but legislation
has been introduced to limit federal land ownership or acquisition, to expand disposal
authorities (at least in some areas), to sell lands to pay for other activities, and to
accelerate currently authorized land sales. Because the extent of federal lands and
the authority to acquire and dispose of federal lands are an enduring policy question,
Congress faces continued consideration of federal lands legislation.

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