County counsel: commissioners cannot unilaterally block federal land exchange, role limited to public‑interest review

At the special meeting, Jared, the county state's attorney, summarized statutory research and advised commissioners on the legal limits of their authority regarding a proposed land swap tied to the Theodore Roosevelt Presidential Library. Jared said the county ‘‘is not a party’’ to the land exchange and "cannot block an otherwise authorized federal land exchange, through the withholding of support or adopting an objection through resolution or otherwise." He advised the commission that the federal agency retains authority to decide subject to valuation, environmental reviews and the public‑interest determination.

Jared recommended that the commission focus on the public‑interest factors it is allowed to weigh — for example, whether the exchange serves the public interest overall — and consider whether the representations made by the governor and by library and park representatives support that determination. He also noted uncertainty about a newly cited secretarial order and whether any waiver process exists; the counsel said he had not found an applicable nationwide order in his initial search and asked for the specific order text for review.

The exchange between counsel and commissioners informed their choice to postpone formal action: rather than taking an immediate position, commissioners directed staff to post the cited secretarial order and gather public feedback to inform any future public‑interest determination.