Degenfelder called Gordon’s attempt to sell Kelly’s property “underhanded maneuvering.”

Contrary to the ongoing feud between Secretary of State Chuck Gray and Gov. Mark Gordon, Superintendent of Public Instruction Megan Degenfelder generally sides with Gordon on most issues and does not criticize the governor publicly.

Until Monday.

That’s when Degenfelder sharply criticized the governor for attempting to sell a pristine 640-acre parcel of land in Teton County known as the “Kelly Parcel” directly to Grand Teton National Park for $100 million.

Degenfelder said she was not told about the tentative deal between the governor’s office and the U.S. Department of the Interior until a day before it was placed on the agenda of the Board of State Land Commissioners on Friday.

“This was clearly weeks, if not months in the making, and I was not notified of it until the day before it was placed on the Board of Land Commissioners agenda,” Degenfelder said in a press release.

Of particular concern to Degenfelder is that she led a task force that included State Auditor Christy Racines, Gordon Policy Director Randall Luthy and other officials to identify BLM-owned developable tract in the Powder River Basin to be exchanged for the Kelly site.

Degenfelder said the task force has identified more than 100,000 acres of land that could be acquired in exchange for the Kelly site and has already begun meeting with BLM State Director Andrew Archuleta and the Wyoming congressional delegation about it.

Degenfelder told Cowboy State Daily on Monday that the talks showed legitimate promise.

“Everything has been very positive so far,” she said.

The Board of Land Commissioners voted to delay discussions about putting the Kelly site up for public auction until this winter so they can explore land swap options and receive legislative guidance, said Michael Perlman, a spokesman for Gov. Gordon’s administration.

He said the board could easily remove the proposal to sell Kelly’s site at public auction from consideration at Thursday’s meeting, which would then allow the board to decide its next steps.

“What’s important is that the governor believes there is an urgent need to discuss all options because the funds that the Interior Department is holding back for potential land purchases will likely be used for something else in the near future,” Pearlman said.

What are we talking about

On Friday, a proposal to sell the Kelly site to the federal government for $100 million appeared on the agenda for a special board meeting scheduled for Thursday.

This consideration will be tied to the Wyoming Office of Lands and Investments’ recommendation to proceed with the sale.

As part of the deal, the Interior Department will pay $62.4 million, the same price as the site was appraised at in 2022. The remaining $37.6 million will be paid by a private charity.

“I feel like when we’re talking about something as important as public lands, there needs to be some pause and not just doing what’s best for the quickest agreement or timetable for the change of presidential administration,” Degenfelder said.

Degenfelder told Cowboy State Daily that she raised these concerns with the governor when the proposal was brought to her attention but did not receive a direct response. The next day the topic appeared on the public agenda.

“This opportunity requires bold and transparent leadership, not behind-the-scenes maneuvering,” Degenfelder said in a press release. “The Board of State Land Commissioners must work together as trustees of public lands. This unexpected agenda item sends mixed signals to BLM about our state’s desire to participate in the exchange.”

OSLI believes the state can generate far more revenue from land sales and future investments than from leasing it for livestock and recreational purposes.

Directives and approvals

Perlman also noted that proceeds from the sale of the Kelly site could still be used to purchase federal lands identified by the task force.

As a result of actions taken by the Legislature this year, any agreement to sell the Kelly property will continue to be contingent on the Governor’s review of the record of decisions on the BLM’s Rock Springs Resource Management Plan.

The Legislature also took action, saying the land board must sell the Kelly site for at least $100 million directly to the federal government.

Sen. Mike Gerau, D-N.C., told the Cowboy State Daily on Monday that he views this as a clear directive to no longer pursue the exchange option and sell the land directly to the federal government.

“We’re trying to do what we’ve been asked to do,” Gierau said. “This is a legislative directive that sets conditions.”

Gierau said he was directly involved in coordinating the final terms between the federal government and Wyoming on the Kelly package, which he said were not finalized until Friday.

Gierau praised Degenfelder’s efforts to create the Task Force, but said they were limited to the Rock Springs RMP after the Legislature made its decision.

Exchange versus purchase

Land swaps like the one Degenfelder is talking about have been discussed in the past for the Kelly site, but nothing came of it.

Last year, land commissioners renewed the conversation by voting to delay taking any action on the Kelly site until the end of 2024 to explore possible exchange options for the site and work with the Department of the Interior on possible trading of mineral rights in other regions . parts of Wyoming.

Some environmental groups have expressed skepticism that such a deal can be achieved and have advocated for a quick sale of the land to the federal government.

Degenfelder told Cowboy State Daily that a land swap would be the only option she would support when it comes to selling Kelly’s property.

In the press release, she mentions that the federal government owns about 48% of the surface and 65% of the mineral resources within Wyoming’s borders, which she believes leads to missed opportunities for development of federal lands, especially for minerals.

Degenfelder said she doesn’t know how other board members will vote on the issue Thursday, but she is adamantly opposed to an outright sale.

“I will never support new clean acres for the federal government,” she said. “While this allows the Park Service to maintain public access to the land, it also does so while providing the feds with new clean space.”

She hopes exchange discussions can be resumed after Thursday’s meeting, but said that until then she believes those conversations have lost legitimacy because of Gordon’s move.

Editor’s note: This story has been updated to include information from the governor’s office that was not available when this story was first published. We’ll also include commentary from Sen. Mike Gerau, D-Jackson.

Leo Wolfson can be contacted at [email protected].