The folly of giving federal land 'back' to Harney County

January 05, 2016 at 12:30 PM
updated January 05, 2016 at 2:28 PM
By Andy Kerr

... A self-appointed "militia" of very angry white men has converged on Burns, hoping to provoke the federal government to either give "back" — or for Harney County to take "back" — the federal public lands in that county.

Federal public lands cannot be given "back" because Harney County never owned them. Harney County has no inherent sovereignty as it is merely an administrative subdivision created by, and for the convenience of, the state of Oregon. Neither has the state of Oregon ever owned the federal public lands within its borders. If Oregon were going to insist on taking over the federal public lands within its borders, it would be dishonoring the compact between the state of Oregon and the federal government.

In accepting statehood offered by the United States on Feb. 14, 1859, Oregon agreed to all terms set forth in the act of Congress establishing the state. In that act, in exchange for a very large amount of federal land that Oregon would receive for the benefit of education, public buildings and other purposes, Congress specified that such gifts "are on the condition that the people of Oregon shall provide by an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil (land) within the same by the United States." The new Oregon Legislature promptly accepted the deal on June 3, 1859 ...

http://www.oregonlive.com/opinion/index.ssf/2016/01/the_folly_of_giving_federal_la.html