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 Collection: Congressional Research Service Reports
Bureau of Land Management (BLM) Lands and National Forests

Bureau of Land Management (BLM) Lands and National Forests

Date: October 26, 2005
Creator: Gorte, Ross W. & Vincent, Carol H.
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. This report discusses several key issues of congressional and administrative interest.
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.
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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
Conflict and History at Malheur National Wildlife Refuge

Conflict and History at Malheur National Wildlife Refuge

Date: January 28, 2016
Creator: Corn, M. L.
Description: This report briefly discusses the conflict at the Malheur National Wildlife Refuge (MNWR) in January of 2016.
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.
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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
Federal Grazing Regulations: Public Lands Council v. Babbitt

Federal Grazing Regulations: Public Lands Council v. Babbitt

Date: February 1, 2000
Creator: Baldwin, Pamela
Description: This report discusses new regulations on livestock grazing on lands managed by the Bureau of Land Management became effective August 21, 1995. Many aspects of the new regulations were challenged in Public Lands Council v. Babbitt. A federal district court upheld many of the regulations, but struck down four of them and enjoined their implementation. At the appellate level, only the new regulation allowing conservation use to the exclusion of livestock grazing for the full term of a permit was held invalid. The Supreme Court has agreed to hear the case and argument has been set for March 1, 2000.
Contributing Partner: UNT Libraries Government Documents Department
Federal Land and Resource Management: A Primer

Federal Land and Resource Management: A Primer

Date: December 22, 1998
Creator: Gorte, Ross W
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Management Agencies: Background on Land and Resource Management

Federal Land Management Agencies: Background on Land and Resource Management

Date: February 27, 2001
Creator: Hardy-Vincent, Carol; Cody, Betsy A; Corn, M. Lynne; Gorte, Ross W; Johnson, Sandra L; Whiteman, David et al.
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Management Agencies: Background on Land and Resources Management

Federal Land Management Agencies: Background on Land and Resources Management

Date: May 21, 2004
Creator: Hardy-Vincent, Carol; Corn, M. Lynne; Gorte, Ross W; Johnson, Sandra L; Whiteman, David & Calvert, Kori
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Management Agencies: Background on Land and Resources Management

Federal Land Management Agencies: Background on Land and Resources Management

Date: August 2, 2004
Creator: Vincent, Carol H.
Description: This report provides an overview of how federal lands and resources are managed, the agencies that manage the lands, the authorities under which these lands are managed, and some of the issues associated with federal land management. The report is divided into nine sections.
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Federal Land Management: Appeals and Litigation

Federal Land Management: Appeals and Litigation

Date: February 26, 1997
Creator: Baldwin, Pamela
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Ownership: Acquisition and Disposal Authorities

Federal Land Ownership: Acquisition and Disposal Authorities

Date: May 19, 2015
Creator: Vincent, Carol H.; Corn, M. L.; Comay, Laura B. & Hoover, Katie
Description: This report describes the primary authorities of the following agencies for acquiring and disposing of federal land. These four federal agencies--the National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), and Bureau of Land Management (BLM), all in the Department of the Interior (DOI), and the U.S. Forest Service (FS) in the Department of Agriculture--administer about 95% of those lands.
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Ownership: Constitutional Authority; the History of Acquisition, Disposal, and Retention; and Current Acquisition and Disposal Authorities

Federal Land Ownership: Constitutional Authority; the History of Acquisition, Disposal, and Retention; and Current Acquisition and Disposal Authorities

Date: April 7, 1999
Creator: Gorte, Ross W & Baldwin, Pamela
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Ownership: Overview and Data

Federal Land Ownership: Overview and Data

Date: February 8, 2012
Creator: Gorte, Ross W.; Hardy Vincent, Carol; Hanson, Laura A. & Rosenblum, Marc R.
Description: 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 produce national or local benefits; and border control on federal lands along the southwest border.
Contributing Partner: UNT Libraries Government Documents Department
Federal Lands and Natural Resources: Overview and Selected Issues for the 113th Congress

Federal Lands and Natural Resources: Overview and Selected Issues for the 113th Congress

Date: December 8, 2014
Creator: Hoover, Katie
Description: This report introduces some of the broad themes and issues Congress considers when addressing federal land policy and resource management. Federal land policy includes questions about the extent and location of the federal estate.
Contributing Partner: UNT Libraries Government Documents Department
Federal Lands Managed by the Bureau of Land Management (BLM) and the Forest Service (FS): Issues for the lllth Congress

Federal Lands Managed by the Bureau of Land Management (BLM) and the Forest Service (FS): Issues for the lllth Congress

Date: February 20, 2009
Creator: Gorte, Ross W.; Hardy Vincent, Carol; Alexander, Kristina & Humphries, Marc
Description: This report discusses actions that Congress is considering, which could affect the various uses and management of federal lands administered by the Bureau of Land Management and the Forest Service, such as: legislation, administrative or regulatory proposals, and litigation and judicial decisions. Issue areas include onshore energy resources, administration of hardrock mining, wildfire protection, management of wild horses and burros, designation of the National Landscape Conservation System, wilderness designation, management of national forest roadless areas, and Forest Service implementation of the National Environmental Policy Act (NEPA).
Contributing Partner: UNT Libraries Government Documents Department
Federal Lands Provisions of Economic Stimulus Legislation (P.L. 111-5)

Federal Lands Provisions of Economic Stimulus Legislation (P.L. 111-5)

Date: March 18, 2009
Creator: Vincent, Carol H.
Description: This report discusses the major federal lands provisions of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, H.R. 1). It focuses on provisions in the law related to four federal agencies: the Forest Service, the Bureau of Land Management, the Fish and Wildlife Service, and the National Park Service. These provisions relate to construction, resource management, and wildland fire management.
Contributing Partner: UNT Libraries Government Documents Department
Federal Real Property: Inventory and Disposal Initiatives

Federal Real Property: Inventory and Disposal Initiatives

Date: January 27, 1983
Creator: Simmons, Malcolm; Baldwin, Pamela & Bea, Keith
Description: This report provides background and discusses the inventory and disposal of public lands and other Federal property. For many years the Federal Government has operated under a statutory policy of retaining public domain lands and has disposed of the proceeds from the sale of surplus property other than by the reduction of the national debt. Under the present system, the Government disposes of some types of land when it is determined to be surplus to Government needs, or, in the case of public lands, when it is determined that the national interest would best be served by the sale or exchange of particular tracts of land.
Contributing Partner: UNT Libraries Government Documents Department
Federal Recreational Fees: Demonstration Program

Federal Recreational Fees: Demonstration Program

Date: September 22, 1998
Creator: Mazaika, Rosemary
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Sales of Natural Resources: Pricing and Allocation Mechanisms (1998)

Federal Sales of Natural Resources: Pricing and Allocation Mechanisms (1998)

Date: December 11, 1998
Creator: Gorte, Ross W
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Timber Harvests: Implications for U.S. Timber Supply

Federal Timber Harvests: Implications for U.S. Timber Supply

Date: March 10, 1998
Creator: Gorte, Ross W
Description: None
Contributing Partner: UNT Libraries Government Documents Department