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Bureau of Land Management (BLM) Lands and National Forests

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.
Date: October 26, 2005
Creator: Gorte, Ross W. & Vincent, Carol H.
Partner: UNT Libraries Government Documents Department

Clearcutting in the National Forests

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.
Date: July 29, 1992
Creator: Backiel, Adela & Gorte, Ross W.
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

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.
Date: December 22, 2005
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

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.
Date: May 20, 2008
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

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

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.
Date: March 9, 2005
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

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

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.
Date: October 14, 2005
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

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

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.
Date: March 10, 2003
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

Federal Grazing Regulations: Public Lands Council v. Babbitt

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.
Date: February 1, 2000
Creator: Baldwin, Pamela
Partner: UNT Libraries Government Documents Department

Federal Land Management Agencies: Background on Land and Resources Management

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.
Date: August 2, 2004
Creator: Vincent, Carol H.
Partner: UNT Libraries Government Documents Department

Federal Land Ownership: Acquisition and Disposal Authorities

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.
Date: May 19, 2015
Creator: Vincent, Carol H.; Corn, M. L.; Comay, Laura B. & Hoover, Katie
Partner: UNT Libraries Government Documents Department

Federal Land Ownership: Overview and Data

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.
Date: February 8, 2012
Creator: Gorte, Ross W.; Hardy Vincent, Carol; Hanson, Laura A. & Rosenblum, Marc R.
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

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).
Date: February 20, 2009
Creator: Gorte, Ross W.; Hardy Vincent, Carol; Alexander, Kristina & Humphries, Marc
Partner: UNT Libraries Government Documents Department

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

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.
Date: March 18, 2009
Creator: Vincent, Carol H.
Partner: UNT Libraries Government Documents Department

Federal Real Property: Inventory and Disposal Initiatives

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.
Date: January 27, 1983
Creator: Simmons, Malcolm; Baldwin, Pamela & Bea, Keith
Partner: UNT Libraries Government Documents Department