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 Collection: Congressional Research Service Reports
Authority of a President to Modify or Eliminate a National Monument

Authority of a President to Modify or Eliminate a National Monument

Date: August 3, 2000
Creator: Baldwin, Pamela
Description: President Clinton created a number of new national monuments, using authority given the President under the Antiquities Act of 1906. Many of the designations were controversial and renewed discussion of that Act and whether a President can modify or eliminate a Presidentially created national monument. This report examines that question.
Contributing Partner: UNT Libraries Government Documents Department
The Availability of Nonfuel Minerals on Federal Lands: Background on the Issue

The Availability of Nonfuel Minerals on Federal Lands: Background on the Issue

Date: January 18, 1982
Creator: Powers, Jane
Description: The following report reviews the laws and practices that govern the extraction of non-fuel minerals from federal lands, and the restrict ions against such extract ions. Moreover, the federal land management agencies that regulate such activities are identified, and their responsibilities discussed.
Contributing Partner: UNT Libraries Government Documents Department
Bureau of Land Management (BLM) Lands and National Forests

Bureau of Land Management (BLM) Lands and National Forests

Date: January 20, 2006
Creator: Gorte, Ross W & Vincent, Carol Hardy
Description: The 109th Congress is considering issues related to the public lands managed by the Bureau of Land Management (BLM) and the national forests managed by the Forest Service (FS). The Administration is addressing issues through budgetary, regulatory, and other actions. Several key issues of congressional and administrative interest are covered here.
Contributing Partner: UNT Libraries Government Documents Department
Bureau of Land Management (BLM) Lands and National Forests

Bureau of Land Management (BLM) Lands and National Forests

Date: October 29, 2004
Creator: Gorte, Ross W & Hardy-Vincent, Carol
Description: In the second session, Congress continues to confront an array of issues related to the public lands managed by the Bureau of Land Management (BLM) and the national forests managed by the U.S. Forest Service (FS). The Administration continues to address public lands and national forests through budgetary, regulatory, and other actions. Several key issues of ongoing congressional and administrative interest are covered in this report.
Contributing Partner: UNT Libraries Government Documents Department
Clearcutting in the National Forests

Clearcutting in the National Forests

Date: July 29, 1992
Creator: Backiel, Adela & Gorte, Ross W
Description: Congressional interest in clearcutting has increased in the past few years. Several bills have been introduced in the current and preceding Congresses to ban the use of clearcutting and/or all even-aged management systems in the national forests. The issue, however, transcends the use of clearcutting and focuses on how to assure the choice of a silvicultural system and the implementation of the management practices that will achieve the stated goals for public land and resource management.
Contributing Partner: UNT Libraries Government Documents Department
Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment

Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment

Date: December 22, 2005
Creator: Meltz, Robert
Description: The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue.
Contributing Partner: UNT Libraries Government Documents Department
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Date: May 20, 2008
Creator: Meltz, Robert
Description: Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to "nonfederal entities." For delegatees of federal eminent domain power listed here, delegations since 1920 have primarily been to Amtrak, hydroelectric facilities (for dams and reservoirs), and entities engaged in the movement of electricity, gas, and petroleum (the last one expired), and for interstate bridges.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Claims of Property Rights "Takings"

The Endangered Species Act and Claims of Property Rights "Takings"

Date: March 9, 2005
Creator: Meltz, Robert
Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Claims of Property Rights "Takings"

The Endangered Species Act and Claims of Property Rights "Takings"

Date: October 14, 2005
Creator: Meltz, Robert
Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Claims of Property Rights "Takings": A Summary of  the Court Decisions

The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions

Date: March 10, 2003
Creator: Meltz, Robert
Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.
Contributing Partner: UNT Libraries Government Documents Department