So, no, there is no infringement of state sovereignty.
Originally Posted by ExNYer
You are not completely correct. When Congress legislated the admission of Nevada the only lands designated as "Federal" were those UNAPPROPRIATED "public lands" AND a portion of each section was "reserved" to the State.
Additionally, a % of the "sale" of land by the Federal government would go to the State. Since historically unharvested growth "attached" to the land is considered a part of the land, then the sale of grass (by charging for grazing rights) would legitimately be paid to the State.
The Federal government cannot "appropriate" subsequently that which was already "appropriated" and did not do so by Congressional legislation, which would be the taking of property without due process and just compensation.
Western land ownership litigation is rich with court decisions regarding land disputes founded upon the original Spanish land grants and their validity as it related to the "occupiers" of the lands, and those principles were later applied to descendants of the displaced Indians and those freed slaves who were provided land upon which to live and farm.
To say the least, the "waters" are murky and clouded with political overtones, which at times have been addressed in boundary disputes between States.
As for the BLM in recent years the Department of the Interior has been attempting to "flex" its "muscle" by taking land (I believe the current litigation involves a family living in a house in the mountains of Colorado?). In the past (I am personally familiar with an effort) a little over 30 years ago in which they were attempting to do so, but hesitated when faced with "push back." They have been emboldened by the current Administration, who has been led around by the nose by "green" extremists (it's ok to install a solar panel FIELD over the habitat of desert tortoises, but not allow grazing when Interior says its good for the habitat to graze the land).
Do they really think cow shit generates too much gas and is the cause of "global warming"? Or did dinosaur shit not generate gas?