FOR IMMEDIATE RELEASE                                         ENR
THURSDAY, MAY 1, 1997                              (202) 514-2008
                                               TDD (202) 514-1888
                                 
     UNITED STATES SETTLES LAST COUNTS OF LAWSUIT AGAINST NYE
   COUNTY, NEVADA OVER OWNERSHIP AND MANAGEMENT OF PUBLIC LANDS
                                 
  U.S. Officials Highlight New Cooperative Relationship With Nye
                             County

     WASHINGTON, D.C. -- Signalling improved cooperation, the
United States reached an agreement today with Nye County and the
State of Nevada resolving the last remaining issues in a legal
battle over the federal government's authority to own and manage
federal public lands for all Americans.  A 1996 U.S. District
Court ruling upheld the federal government's ownership and
management authority over federal lands.  
     
     Under the agreement, which resolves issues the Court's 1996
ruling did not address, Nye County officially recognized the
United States' authority to own and manage federal lands.  Nye
County also agreed to repeal a resolution it had adopted in 1993
stating that the State of Nevada owns these lands and that the
County has management authority over the lands.  In addition, Nye
County agreed to implement its land management resolutions in a
manner that is consistent with the 1996 court ruling.  The
settlement also sets up a process for resolving in a peaceful and
cooperative manner any land management disputes that may arise
between Nye County and the United States.

     "This settlement illustrates the spirit of cooperation that
now exists between Nye County and the United States.  I encourage
any county with federal public land management concerns to
address them in a constructive manner by working with the
appropriate federal officials", said Lois Schiffer, Assistant
Attorney General in charge of the Justice Department's
Environment and Natural Resources Division.  "The government will
continue to protect its employees and manage public lands so they
can be enjoyed by all Americans."

     Nye County is one of dozens of counties, mainly in the West,
that have passed ordinances or resolutions challenging federal
control of public lands.  This movement is often referred to as
the "County Supremacy, Sagebrush Rebellion II", or "Home Rule"
movement.  The movement has been largely dormant since the
District Court's ruling in 1996.

     The agreement, filed today in U.S. District Court in Las
Vegas, officially ends a four year conflict that began when Nye
County passed resolutions challenging the right of the United
States to own and manage federal public lands.  The Justice
Department responded by challenging the resolutions in court.   
  
     United States Attorney Kathryn E. Landreth was pleased with
the settlement of the remaining issues.  "The Court's earlier,
unmistakably clear message that the United States' owns and has
the right to manage the public lands together with the settlement
agreement should lead to increased cooperation between the
federal land management agencies, the counties and other public
land users."

     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.  The county commissioners also passed a
resolution that claimed Nye County ownership of virtually every
past, present or future road and trail on public lands within the
county boundaries.    
     
     Citing these resolutions, Nye County threatened United
States employees with criminal prosecution and other legal action
for implementing federal laws.  In addition, the county used
bulldozers to open National Forest roads and damaged natural and
archaeological resources.

     The United States filed suit against Nye County on March 8,
1995, to make clear that national parks, forests and other public
lands belong to all Americans and to protect federal employees
from threats and intimidation.

     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 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. 
  
                               ###

97-183