FOR IMMEDIATE RELEASE ENR MARCH 14, 1996 (202) 616-2777 TDD (202) 514-1888 LATE NIGHT (202) 514-5000 COURT REAFFIRMS U.S. OWNERSHIP AND MANAGEMENT OF PUBLIC LANDS RULES FOR U.S. IN NYE COUNTY, NEVADA LAWSUIT WASHINGTON, D.C. -- A U.S. District Court in Las Vegas reaffirmed the rule of law tonight upholding the United States' ownership and management authority over public lands by striking down a controversial Nye County, Nevada resolution challenging this authority. The United States filed suit against Nye County on March 8, 1995 following Nye County's challenges to the government's ownership of and management authority over public lands there. The United States sought to make clear that national parks, forests and other public lands belong to all Americans and to protect federal employees from threats and intimidation. Administration officials praised the court's decision and once again extended an offer of cooperation and participation in the land management process to Nye County and other local governments. Attorney General Janet Reno said that the government will continue to protect its employees and that public lands are "owned by all Americans, to be managed by the United States. That's the rule of law. The court made it clear that Nye and other counties are no exception to this rule. Now it's time to come together and address our differences." Jack Ward Thomas, Chief of the Forest Service, called the decision "a great example of the way our system resolves disagreements. Some people will disagree and we respect their right to disagree. However, we must go forward and work with local residents, state and local governments and all Americans in managing their lands in the most sensible manner possible." Mike Dombeck, Director of the Bureau of Land Management, was "pleased that this issue was settled in the proper forum--in the courtroom before a judge. Now we can look ahead to continuing and rebuilding positive relations with counties and constituents across the West. It is time to find common ground." In 1993, Nye County Commissioners approved a resolution that claimed the State of Nevada, not the United States, owned national forests and other public lands. The court rejected this claim and Nye County's assertion that it had the authority to manage these lands. Another resolution claimed Nye County ownership of virtually every past, present or future road and trail on public lands within the county boundaries. Assistant Attorney General Lois J. Schiffer added, "We will continue to work with Nye and other counties and encourage their participation in land management decisions. Cooperation, not confrontation, is an approach we can all agree on." United States Attorney Kathryn E. Landreth applauded the decision. "This decision reaffirms the United States' ownership of public lands and sends an unmistakably clear message that the United States has the right to manage those lands. This decision should lead to increased cooperation between the federal land management agencies, counties and other public land users and should decrease the confrontational, threatening actions that caused the United States to file this suit." Using its resolutions for shelter, Nye County has threatened United States employees with criminal prosecution and other legal action for implementing federal laws. In addition, the county has bulldozed open National Forest roads closed by the Forest Service, and damaged natural and archaeological resources. From the beginning, the United States argued that its ownership and ability to manage public lands for all Americans was well-established and backed up by 150 years of "unbroken" Supreme Court precedent. The U.S. also declared that Nye County's arguments -- specifically that the Constitution's Equal Footing Doctrine authorized its actions -- had no legal merit and in effect asked the court to "redraw the map of the United States, and to rewrite 150 years of American history." Nye County is one of dozens of counties, mainly in the West, that have challenged federal control of public lands. This movement is often referred to as the "County Supremacy" or "Sagebrush Rebellion II" or "Home Rule" movement. ### 96-113