The Obama administration today roundly denounced a proposal by Republican lawmakers that would release several million acres of protected public lands into local management plans, potentially opening them to timber harvests, oil and gas development, motorized recreation and other uses. Bob Abbey, director of the Bureau of Land Management, compared the legislation from Rep. Kevin McCarthy (R-Calif.) and Sen. John Barrasso (R-Wyo.) to shooting a small rabbit with a large gun, leaving almost no meat on the bone. "H.R. 1581 is a top-down, one-size-fits-all approach, that fails to reflect local conditions and community-based interests," Abbey told the House National Parks, Forests and Public Lands Subcommittee. Abbey and Harris Sherman, undersecretary for natural resources and environment at the Agriculture Department, said they "strongly" oppose the bill...
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Actually the majority of the lands held by the federal government are illegal under Article 1, Section 8, Clause 17. Lest you may think I am not accurate, in the 1836 case New Orleans vs, US Government land was returned to the city because it did not fall under the uses allowed by this section of the Constitution.
It reads:
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;
As you can see, National forests, parks, monuments and general open space lands are NOT in the uses allowed by the Constitution. It is about time the western states get their act together and get their land back!
oops...I forgot to say...Article 1, Section 8, Clause 17 of the Constitution.
It is amazing that with all of the land at stake, and with all of the past and pending cases pertaining to federal land, that no one has challenged this since the mid 1800's
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