What rights do individual States have to Federal lands?

By BEN OLSON/for The Herald  —  Most Americans are blissfully unaware of how much land is owned by the federal government.

Ours and theirs -Federal vs private

Our U.S. government owns 2.27 billion acres- 26.6% of the land in this country. It’s not military bases- the military only controls less than 2% of the available land. It’s not National Parks and Monuments, either. The National Park Service only has jurisdiction of 84 million acres, 3.7% of the U.S. The bulk of the holdings are controlled by the Bureau of Land Management (BLM), 248 million acres, the U.S. Forest Service, (USFS), 193 million acres and the U.S. Fish and Wildlife Service, (USFWS), 89 million acres. 

In the 11 states from the Rocky Mountains to the Pacific Ocean, and our 49th state, Alaska, the federal government owns almost half the land. Here in Oregon over 52% of the land is owned by, and administered by the government in Washington D.C.

How did this come about? Why don’t the states move to administer the lands within their borders? Has the federal government been a good steward of the land under their control? Would the land be used more judiciously if it were in private hands or controlled by the states?

How did the U.S. government get so much land in the West?

A large portion of the land that is in the hands of the U.S. government was bought from the French in the Louisiana Purchase in 1803 by Thomas Jefferson, an avowed advocate of limited government and minimal national debt. In a deal that appeared too good to be true, the U.S. bought much of the land from the Mississippi River to the Rocky Mountains from the French, who didn’t have any clear title to the land. The French also were well aware that they did not have the necessary military power to keep out other forces who were extracting resources from the territory.

The purchase included what would later become all or part of 15 states and territory in what would eventually be Canada. Other territories were taken from the Spanish, British and Mexicans. Throughout the expansion of our country to the west coast, the indigenous residents were displaced and dispatched, and some surviving members were given tracts of land, not necessarily where their tribes once called a homeland.

The railroads led much of the West’s expansion

Throughout the westward expansion of our country, wealthy industrialists worked hand in hand with legislators to increase their own wealth and political clout. The companies that built the railroads received 185 million acres of land as part of their deal with the government. They received 20 square miles for every mile of track laid in the territories and 10 square miles for tracks laid in states. 

The land given to the railroads was laid out in a checkerboard pattern. The government retained ownership of the adjacent land. In order for the railroad companies to make money hauling freight, they actively pushed for developing the American west. History shows that many of the enticements were based on dubious information. “The rain follows the plow,” was a phrase used to encourage farmers to move to the arid western Great Plains. 

Much of the administration of western lands is a balance. It is a balance between ranchers, miners and loggers and the citizens who want to use the land recreationally. BLM grazing land is really only of value to the adjacent property owners. It’s hard to determine how much money the land should lease for. Would that rancher take better care of the land if he owned it and paid taxes on it? 

Are cattle grazing laws archaic?

I have been in areas where I was required to get a costly and scarce permit to hike there. This is because it was deemed to be “environmentally sensitive,”  yet cattle grazed freely. I have heard one of my river-running buddies opine that cattle are the most destructive invasive species ever introduced to the North American continent. 

Should federal lands be under private or public protection

I’ve heard people say that if the forested land were in private hands, all the trees would be clear cut. Let’s stop and think for a moment what our public lands look like after an area gets logged. Here in the Willamette National Forest, thousands of miles of roads have been cut in, solely for the purpose of allowing logs to be systematically removed. The National Forest Service has no money in the budget to patrol and police the lands under its jurisdiction. When illegal activities take place in these forests- squatting, drug manufacturing and dumping, to name just a few, it becomes the problem of the citizens who responsibly use the land. In the east, huge tracts of forested land are privately owned and are managed so that hunters, fishermen and hikers have easy access.

The issues with so much of the land being owned by the federal government have been here since people first began to populate the west. The dynamics change as the population in nearby urban areas grows larger. 

Change, though necessary, will require patience

It is not easy for individuals to alter government policy on anything. If you do feel strongly that things should be different, there is hope. Align yourself with other like-minded citizens in organizations that promote land use policies that you believe to be best. If you don’t, others will be making those choices without your input.