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This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.
The little-known story of how the U.S. government came to hold nearly one-third of the nation's land primarily for recreation and conservation.

Public Land Laws

United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Public Lands

Published: 1964

Total Pages: 192


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How it is that the United States—the country that cherishes the ideal of private property more than any other in the world—has chosen to set aside nearly one-third of its land area as public lands? Now in a fully revised and updated edition covering the first years of the Trump administration, Randall Wilson considers this intriguing question, tracing the often-forgotten ideas of nature that have shaped the evolution of America’s public land system. The result is a fresh and probing account of the most pressing policy and management challenges facing national parks, forests, rangelands, and wildlife refuges today. The author explores the dramatic story of the origins of the public domain, including the century-long effort to sell off land and the subsequent emergence of a national conservation ideal. Arguing that we cannot fully understand one type of public land without understanding its relation to the rest of the system, he provides in-depth accounts of the different types of public lands. With chapters on national parks, national forests, wildlife refuges, Bureau of Land Management lands, and wilderness areas, Wilson examines key turning points and major policy debates for each land type, including recent Trump Administration efforts to roll back environmental protections. He considers debates ranging from national monument designations and bison management to gas and oil drilling, wildfire policy, the bark beetle epidemic, and the future of roadless and wilderness conservation areas. His comprehensive overview offers a chance to rethink our relationship with America’s public lands, including what it says about the way we relate to, and value, nature in the United States.
The federal government owns roughly 640 million acres, about 28% of the 2.27 billion acres of land in the United States. Four agencies administer 608.9 million acres of this land: the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI), and the Forest Service (FS) in the Department of Agriculture. Most of these lands are in the West and Alaska. In addition, the Department of Defense administers 14.4 million acres in the United States consisting of military bases, training ranges, and more. Numerous other agencies administer the remaining federal acreage. The lands administered by the four land agencies are managed for many purposes, primarily related to preservation, recreation, and development of natural resources. Yet each of these agencies has distinct responsibilities. The BLM manages 247.3 million acres of public land and administers about 700 million acres of federal subsurface mineral estate throughout the nation. The BLM has a multiple-use, sustained-yield mandate that supports a variety of uses and programs, including energy development, recreation, grazing, wild horses and burros, and conservation. The FS manages 192.9 million acres also for multiple uses and sustained yields of various products and services, including timber harvesting, recreation, grazing, watershed protection, and fish and wildlife habitats. Most of the FS lands are designated national forests. Wildfire protection is increasingly important for both agencies. The FWS manages 89.1 million acres of the total, primarily to conserve and protect animals and plants. The National Wildlife Refuge System includes wildlife refuges, waterfowl production areas, and wildlife coordination units. The NPS manages 79.6 million acres in 401 diverse units to conserve lands and resources and make them available for public use. Activities that harvest or remove resources generally are prohibited. Federal land ownership is concentrated in the West. Specifically, 61.2% of Alaska is federally owned, as is 46.9% of the 11 coterminous western states. By contrast, the federal government owns 4.0% of lands in the other states. This western concentration has contributed to a higher degree of controversy over land ownership and use in that part of the country. Throughout America's history, federal land laws have reflected two visions: keeping some lands in federal ownership while disposing of others. From the earliest days, there has been conflict between these two visions. During the 19th century, many laws encouraged settlement of the West through federal land disposal. Mostly in the 20th century, emphasis shifted to retention of federal lands. Congress has provided varying land acquisition and disposal authorities to the agencies, ranging from restricted to broad. As a result of acquisitions and disposals, federal land ownership by the five agencies has declined by 23.5 million acres since 1990, from 646.9 million acres to 623.3 million acres. Much of the decline is attributable to BLM land disposals in Alaska and also reductions in DOD land. Numerous issues affecting federal land management are before Congress. They include the extent of federal ownership, and whether to decrease, maintain, or increase the amount of federal holdings; the condition of currently owned federal infrastructure and lands, and the priority of their maintenance versus new acquisitions; the optimal balance between land use and protection, and whether federal lands should be managed primarily to benefit the nation as a whole or instead to benefit the localities and states; and border control on federal lands along the southwest border.
"The management of public lands in the West is a matter of long-standing and oft-contentious debates. The government must balance the interests of a variety of stakeholders, including extractive industries like oil and timber; farmers, ranchers, and fishers; Native Americans; tourists; and environmentalists. Local, state, and government policies and approaches change according to the vagaries of scientific knowledge, the American and global economies, and political administrations. Occasionally, debates over public land usage erupt into major incidents, as with the armed occupation of Malheur National Wildlife Refuge in 2016. While a number of scholars work on the politics and policy of public land management, there has been no central book on the topic since the publication of Charles Davis's Western Public Lands and Environmental Politics (Westview, 2001). In The Environmental Politics and Policy of Western Public Lands, Erika Allen Wolters and Brent Steel have assembled a stellar cast of scholars to consider long-standing issues and topics such as endangered species, land use, and water management while addressing more recent challenges to western public lands like renewable energy siting, fracking, Native American sovereignty, and land use rebellions. Chapters also address the impact of climate change on policy dimensions and scope. The Environmental Politics and Policy of Western Public Lands is co-published with Oregon State University Open Educational Resources, who will release an open access edition alongside this print edition"--
Includes bibliographical references and index.