Public Lands and Natural Resources Law
LACJR: January 31, 1996
History Introduction
Periods/eras
G.C. Coggins gets credit for naming the first three, at least:
- 1787 - 1934: Age of Disposition -- grants, settlement, privatization, commodity development
- 1872 - 1964: Age of Conservation -- shift to retention and federal management
- 1964 - 1995: Age of Preservation -- beginning with the Wilderness Act of 1964, the trend up to
1995 has been toward resource preservation in a pristine state and not "conservation" per se.
- 1995 to date: Age of Newt / Will the 104th Congress make substantial changes to federal lands
policy?
Survey System
Basic unit is the section.
- 1 square mile; 640 acres
- 4 1/4's @ 160 acres each
- 36 sections in a township
- section numbers start in NE corner.
Established by the Land Ordinance of 1785.
Turning Points in Federal Policy Regarding the Federal Public Lands
Credit G.C. Coggins:
- 1872 Yellowstone Park's 2 million acres were set aside at request of RR companies to promote travel.
Congress has continued to set aside lands for national parks.
- 1891 Congressional concern about depletion of timber; Congress gave the President power to
reserve forests for "national purposes". Used sparingly in the 1890s; in 1907 Congress revoked
the power but at the last minute Roosevelt declared millions of acres to be reserved for
commodity purposes only and not for settlement/RRs.
- 1903 Roosevelt declares Pelican Island to be a wildlife refuge -- a sanctuary for pelicans. His
policy was to protect wildlife and promote national parks.
- 1906 Antiquities Act passed to protect Indian reservations from vandalism, to promote scientific
interests at national monuments.
- 1916 National Park Service created -- Organic Act, dual mandate. Now there are 50 national parks and hundreds of
reservations.
- 1934 The Taylor Grazing Act passed which permitted the President to withdraw all unclaimed
and unreserved lands from the federal grazing districts -- not a popular move with ranchers.
Those lands then to be managed by the Bureau of Land Managment (BLM).. 1934 effectively
marks the end of Homesteading.
- 1960 Multiple Use and SustainedYield Act, broadened purposes of the national forests
- 1964 Wilderness Act established the overlay system
- 1964 National Forest Management Act reforms forest planning process
- 1969 National Environmental Policy Act mandates public involvement and EISs in the federal
public lands planning process
- 1973 Endangered Species Act amendments; original act enacted in 1966
- 1976 Federal Lands Policy and Management Act passed, influenced by 1970 Public Lands Law
Review Commission Report ("One Third of the Nation's Land"); shift of federal lands policy to
retention. Most grazing lands now to remain in federal ownership.
Note:
This "turning points" list is not the complete list of relevant pubic lands laws: See: Zaslowsky,
Dyan and T.H. Watkins, 1994, These American Lands, Appendix on Major Public Land
Legislation, Island Press, pp. 366-370.
Public Lands page
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