http://www.law.umaryland.edu/marshall/crsreports/crsdocuments/RL34267_12032007.pdf
The Sagebrush Rebellion was a collection of efforts to force the federal
government to divest itself of federal lands. These efforts took the form of state and
local legislation, court challenges, federal administrative changes, and efforts at
federal legislation. The target was usually BLM lands, but sometimes included
national forests. These efforts failed for a number of reasons. A fundamental
obstacle was that Nevada, and other states, agreed as a condition of statehood to
disclaim forever “all right and title to the unappropriated public lands lying within
said territory, and that the same shall be and remain at the sole and entire disposition
of the United States.”42 This language was part of the enabling act creating the states
and was incorporated into their constitutions; therefore the state laws asserting title
to those federal lands appeared to contravene their own constitutions.43 At any rate,
the state laws were not enforced.44 The rebellion was more effective as a political
movement than a legislative one.
State and Local Efforts.
In 1979, Nevada enacted a state law asserting state
title, and management and disposal authority over public (BLM) lands within
Nevada’s boundaries.46 Similar state laws asserting state authority over public lands
were passed in Arizona, Hawaii, Idaho, New Mexico, North Dakota, Utah, and
Wyoming.47 Other attempts to enact similar state laws were less successful.
These efforts took the form of state and
local legislation, court challenges, federal administrative changes, and efforts at
federal legislation. The target was usually BLM lands, but sometimes included
national forests. These efforts failed for a number of reasons. A fundamental
obstacle was that Nevada, and other states, agreed as a condition of statehood to
disclaim forever “all right and title to the unappropriated public lands lying within
said territory, and that the same shall be and remain at the sole and entire disposition
of the United States.”42 This language was part of the enabling act creating the states
and was incorporated into their constitutions; therefore the state laws asserting title
to those federal lands appeared to contravene their own constitutions.43 At any rate,
the state laws were not enforced.44 The rebellion was more effective as a political
movement than a legislative one.45
In 1978, the State of Nevada began its court challenge of the constitutionality
of the federal land retention policy in § 102(a) of FLPMA. Nevada argued that the
federal government could only lawfully hold public lands in a temporary trust
pending eventual disposal, and that retention of the lands violated the equal footing
doctrine. The federal District Court for the District of Nevada dismissed the case for
failure to identify a claim upon which relief could be granted.49 The court found that
any limitations on holding lands ceded by the original states did not apply to western
lands acquired after the Constitution went into effect, and that the equal footing
doctrine did not mean that the newer western states were entitled to the public lands.
The court noted that the equal footing doctrine applied only to political and
sovereignty rights, and not to economic or geographic equality, and that the Constitution
reserved to Congress the authority to decide which federal lands to sell or to
keep.
On the symbolic date of July 4, 1993, Nye County (NV) took action on federal
lands, using a bulldozer to open closed roads, based on the assertion that Nevada held
title to the lands. The United States filed suit seeking a declaratory judgment that it
owned and had authority to manage the disputed lands within Nye County and that
the county resolution regarding roads and right of way was invalid. The United
States prevailed in federal court.