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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

International Conflict and Property Rights: Fifth Amendment "Takings" Issues

Description: This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Date: December 5, 2001
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

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

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.
Date: January 18, 1982
Creator: Powers, Jane
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

Marine Protected Areas: An Overview

Description: Marine protected areas (MPAs) are generally defined as areas reserved by law or other effective means to protect part or all of the enclosed environment. This report identifies a number of issues related to establishing MPAs in the United States. It begins by defining the concept and administrative actions taken to provide spatial protection in marine areas. It then considers some of the key issues and potential benefits and costs of designating additional MPAs. It concludes by considering potential areas of congressional interest for the 111th Congress. Existing federal laws related to the use of MPAs are summarized in the Appendix.
Date: September 29, 2010
Creator: Upton, Harold E. & Buck, Eugene H.
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 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

Grazing Fees: An Overview and Current Issues

Description: This report briefly discusses charging fees for grazing private livestock on federal lands, which is a long-standing but contentious practice. Generally, livestock producers who use federal lands want to keep fees low, while conservation groups and others believe fees should be raised to approximate "fair market value."
Date: February 8, 2005
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

Memorials: Creating National, State, and Local Memorials

Description: This report provides information on the mandatory steps to building a memorial on federal property in the District of Columbia. It also provides information on creating memorials in Arlington National Cemetery, within the Department of Veterans Affairs National Cemetery System, and in state veterans' cemeteries. In addition, it discusses public and private initiatives at the state and local levels to create memorials including successful local fund-raising efforts.
Date: May 21, 2008
Creator: Watkins, Zina L.
Partner: UNT Libraries Government Documents Department

Land and Water Conservation Fund: Current Status and Issues

Description: This report discusses the current congressional issues which include (1) deciding the amount to appropriate each year to each of the four federal agencies, and to the state grant program; (2) identifying which lands should be acquired; and (3) determining whether the Land and Water Conservation Fund (LWCF) funds should be appropriated for additional related purposes.
Date: February 14, 2005
Creator: Zinn, Jeffrey A.
Partner: UNT Libraries Government Documents Department