Public Lands and Natural Resources Law
Five major systems, managed by four agencies in two departments.
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1. The National Forest System
United States Forest Service; Dept. of Agriculture
201 million acres, including grasslands, in nearly every state, budget of $2 billion plus
The Organic Act of 1897, 16 USCA 473-481 (partially repealed in 1976) directed the agency
to manage the forests in order to "improve and protect the forest ... [and] for the purpose of
securing favorable conditions of water flows, and to furnish a continuous supply of timber."
Regulations were promulagated for protection and management of sale of particular trees.
Multiple-Use, Sustained-Yield Act of 1960, 16 USCA 528-531 is the multiple use mandate
source.
National Forest Management Act of 1976, 16 USCA 1601, et seq. is the current governing law.
Custodial attitude prevailed until 1940, then annual harvest reached 2 bill bdft; in 1959 4 bill.bdft;
in 1966 12 bill bdft.
2. The BLM Public Lands
Bureau of Land Management; Dept. of Interior (DOI)
(Interior's Grazing Service and General Land Office were merged in 1946 to form BLM.)
180 million acres in lower 48; 90 million in Alaska
mixed results due to insufficient resources/support ($1 bill. budget)
FLPMA of 1976 governs these-- also creates conservation areas and calls for identifying "areas
of critical environmental concern" and potential wilderness areas.
3. The National Wildlife Refuge System
United States Fish & Wildlife Service; DOI
Began with Pelican Island, 1903
NWRS created in 1966 along with passage of the Endangered Species Act.
National Wildlife Refuge Administration Act of 1966, 16 USCA 668dd et seq.
$700 million budget
85 million acres in fee, plus easements, etc,
Currently 482 national wildlife refuges
28 waterfowl sanctuaries
75 million acres of refuge system are in Alaska
Note that conservation of wildlife, although the main objective, is not the only permissible use.
4. The National Park System
National Park Service; DOI
Now includes National Parks, Monuments (Authoriized by Antiquities Act of 1906 ... language
suggests smallest area possible; Parkways (Blue Ridge built in 1930's as an experiment --wilderness advocates nixed this concept); Seashores; Lakeshores; Wild and Scenic Rivers;
Boundary Water Canoe Area; Trails; Gateway Parks; Battlefield Monuments ...
1916 National Park Service "Organic Act" governs
Recreation must be acknowledged as the primary use.
80 million acres ( 2/3's in Alaska)
50 National Parks
Budget recently $1.3 billion/yr.
5. The Preservation Lands
NOTE that wilderness preservation areas are managed by the agency that had jurisdiction at the
time of designation.
Now 95 million acres (60% in Alaska)
5000 min. acreage for designation
Wilderness Act of 1964, 16 USCA 1131-36 passed to protect areas from too many tourists,
which was by then a well recognized problem. Preservation as is the mandate.
Wild and Scenic Rivers of 1968 added lands
Alaska National Interest Lands Conservation Act of 1980 added lands to the system, with
designations such as "park preserves"
See Coggins, et al; 1993, Federal Public Land and Resources Law, 3rd ed. at pp. 11-26.
Syllabus