Talk:Federal lands

Reverted Vandalism

I reverted the edits made by Anne48503 but now the article is . . . not really an article. I'm a total noob, so I'm not sure how to fix this. I just didn't want a Wiki page looking like a right-wing forum post. Can someone with greater skills than I have help me make it better? If I screwed up, I apologize. Thanks! Telcia (talk) 18:30, 16 April 2014 (UTC)

Neutral Point of View

Seems the second paragraph is distinctly non-neutral, and doesn't accord with the discussion of legal analysis in the body. Anybody have specific thoughts? Huskerdru (talk) 22:25, 7 January 2022 (UTC)

Which second paragraph are you referring to? 104.175.74.27 (talk) 03:14, 20 March 2023 (UTC)

Article is severely lacking in the role of the respective states

The current state of the article does not talk at all about what role the states have in the federal lands located within their state boundaries, other than two mentions:

1. Consent of state legislature for the federal government to purchase lands under Article 1, Section 8

2. Federal power superseding conflicting state law under Kleppe v. New Mexico decision

Kleppe decision does not mean that state does not have any power in those lands, however. Federal lands are still part of the respective states, and the federal government, like any landowner, has some connection to the state where that land is. Federal lands are not the same as US territories or a federal district with exclusive jurisdiction.

So this article needs some content on states' point of view, much like federal enclave article does. There should be information on what part the state plays in federal lands, such as state laws applicable, enforcement actions of state governments, and rights of state citizens & residents on federal land. The federal enclave article has description explaining that the doctrine of treating federal lands as "extraterritorial" property was abolished by Howard and Evans decisions, and how state laws may apply in federal enclaves (and other federal lands):

In addition, the "friction not fiction" doctrine indicates that the courts can approve the application of state laws to federal enclaves to the same extent that they apply to the other 97% of federal lands (i.e., subject only to the limitations of the Supremacy Clause).

104.175.74.27 (talk) 03:56, 20 March 2023 (UTC)

References

major edit proposed

I have never submitted edits to Wikipedia. For fifty years I have taught and written widely on federal land law and policy (including a legal textbook now in its eighth edition), and I dealt with federal lands over nearly twelve years of service in the Interior Department. Yale U. Press last year published my comprehensive political history of federal lands, Our Common Ground.

I have some time later this summer and if there is interest, I propose to try my hand at overhauling this entry. While the subject is vast, I’m confident I can boil it down succinctly for a general audience, with appropriate citations. Here is an outline of what I have I mind; I invite feedback on both the general idea and the outline.

Federal Lands Overview

Summary description, including surface and subsurface rights and submerged lands offshore. Lands held in trust for Native Americans distinguished.

Acquisition History

From cessions of state claims; from Native Americans; from foreign governments.

History of Federal Land Policy

Land Ordinances of 1784 and 1785 and the Northwest Ordinance of 1787

The U.S. Constitution and Federal Lands: the Property Clause and the so-called Enclave Clause

How the Supreme Court Has Interpreted These Provisions

Federal Lands and the States: Admission of New States, and State Influence over Federal Land Policy

Federal Land Policy Prior to the Civil War

Federal Land Policy 1862-1890; 1890-1960; 1960 to present.

Federal Land Management Today

Department of the Interior (Bureau of Land Management, National Park Service, U.S. Fish & Wildlife Service)

Department of Agriculture (U.S. Forest Service)

Brief description of lands managed by other governmental agencies; Department of Commerce (NOAA - submerged lands offshore), Department of Defense, Bureau of Reclamation, USPS, miscellaneous.   Cobhasty (talk) 00:15, 26 June 2023 (UTC)