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Abstract

Idaho and other states in the western United States have struggled with federal ownership and management of public lands for decades. Since 1976, when the Federal Land Management and Policy Act was enacted and the Homestead Act was repealed, states in the west have challenged the constitutionality and legal authority of the BLM to hold onto and manage western lands in a myriad of ways. This article discusses some of the most recent challenges to this system, including a lawsuit filed by the State of Utah in August of 2024. This article expands on these challenges, citing legal and political arguments for western states gaining control and ownership of BLM lands within their borders. This article concludes that many of the problems that arise under federal ownership and BLM management could be solved by transferring ownership and management to the states.

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