County, Opinion

Opinion: No, federal land transfers not any part of the U.S. Constitution

RBC I At the heart of age-old disagreements about who should own and manage public lands in Western states—the federal government, states, or local communities—is one key document: the U.S. Constitution.

Supporters of transferring federal lands to state or local control, including the armed occupiers of the Malheur National Wildlife Refuge in Oregon, often cite the Constitution, along with original statehood documents, to justify their cause.
Here are three of their main arguments, and what mainstream legal scholars have to say about them.
Enclave Clause
In a Fox News interview two days after the Malheur occupation began in early January, a reporter asked ringleader Ammon Bundy, “How is what you’re doing not lawlessness?” He replied: “I think that we have to go to the supreme law of the land to answer that question. And that is that the federal government does not have authority to come down into the states and to control its land and resources. That is for the people to do, and that is clearly stated in Article 1, (Section) 8, (Clause) 17 of the Constitution.”
That article, also known as the Enclave Clause, grants the federal government the following power:
“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…”
Scholars I spoke with for this story said it was unclear how Bundy would interpret the Enclave Clause to mean the federal government shouldn’t control public land.
Perhaps he interprets the phrase regarding consent of state legislatures to imply that states can decline federal management.
But either way, constitutional scholars say Bundy’s interpretation is flat-out wrong.
The Supreme Court has consistently interpreted the Enclave Clause not as curtailing federal control of public land, but protecting it. There is a bargaining process between the feds and states to obtain exclusive jurisdiction over an area of public land.

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  • Jake Blazon at bat for the Meeker Cowboys. The MHS team brought home two wins against Olathe and lost two against the North Fork Miners. The location for this weekend’s games has not been announced due to weather and field conditions. Read the full story online at ht1885.com.
  • The 2024 Meeker High School boys basketball team held their awards banquet last week. Jace Mobley was named Player of the Western Slope League and all-conference, Ryan Sullivan all-conference, Jonathon Fitzgibbons all-conference, Ethan Quinn honorable mention all-conference, Jacob Simonsen honorable mention all conference. Mobley will play in All State games. Coach Klark Kindler was named Western Slope Coach of the Year. Left to right: Bryan Rosas, Simonsen, Quinn, Fitzgibbons, Mobley and Sullivan.
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  • It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
  • Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line.  The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale.
Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch.  See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
  • Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
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Jake Blazon at bat for the Meeker Cowboys. The MHS team brought home two wins against Olathe and lost two against the North Fork Miners. The location for this weekend’s games has not been announced due to weather and field conditions. Read the full story online at ht1885.com.
Jake Blazon at bat for the Meeker Cowboys. The MHS team brought home two wins against Olathe and lost two against the North Fork Miners. The location for this weekend’s games has not been announced due to weather and field conditions. Read the full story online at ht1885.com.
7 hours ago
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The 2024 Meeker High School boys basketball team held their awards banquet last week. Jace Mobley was named Player of the Western Slope League and all-conference, Ryan Sullivan all-conference, Jonathon Fitzgibbons all-conference, Ethan Quinn honorable mention all-conference, Jacob Simonsen honorable mention all conference. Mobley will play in All State games. Coach Klark Kindler was named Western Slope Coach of the Year. Left to right: Bryan Rosas, Simonsen, Quinn, Fitzgibbons, Mobley and Sullivan.
The 2024 Meeker High School boys basketball team held their awards banquet last week. Jace Mobley was named Player of the Western Slope League and all-conference, Ryan Sullivan all-conference, Jonathon Fitzgibbons all-conference, Ethan Quinn honorable mention all-conference, Jacob Simonsen honorable mention all conference. Mobley will play in All State games. Coach Klark Kindler was named Western Slope Coach of the Year. Left to right: Bryan Rosas, Simonsen, Quinn, Fitzgibbons, Mobley and Sullivan.
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It's that time again! Another edition of great local news stories is 
🐰 Hopping 🐰 your way this morning! Catch up on everything thats 🐣 hatching 🐣 in Rio Blanco County this week.
Need a copy? Signing up is fast and easy! Visit our website at ht1885.com/subscribe to get a copy sent to your door every week! 
We appreciate all your continued support!
It's that time again! Another edition of great local news stories is 🐰 Hopping 🐰 your way this morning! Catch up on everything thats 🐣 hatching 🐣 in Rio Blanco County this week. Need a copy? Signing up is fast and easy! Visit our website at ht1885.com/subscribe to get a copy sent to your door every week! We appreciate all your continued support!
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It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
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View on Instagram |
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Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line.  The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale.
Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch.  See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line. The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale. Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch. See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
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Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
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A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
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