The U.S. Forest Service established the first protected "wilderness area" under its own discretion in 1924. In 1964, the Wilderness Act established the National Wilderness Preservation System, reserved to Congress the authority to designate wilderness areas, and directed the Secretaries of Agriculture and of the Interior to review certain lands for their wilderness potential. The Act also designated 54 wilderness areas with 9 million acres of Forest Service land. Congress began expanding the Wilderness System in 1968, and today, there are 631 wilderness areas, totalling nearly 104 million acres, in 44 States.
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.
This report discusses the General Mining Law of 1872, which is the law that grants free access to individuals and corporations to prospect for minerals in public domain lands, and allows them, upon making a discovery, to stake (or “locate”) a claim on that deposit.
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."
This report discusses the Alaska Land Transfer Acceleration Act, which represents an attempt to clear up the conflicting land claims of three distinct parties in Alaska – the State, Alaska Native Corporations, and Native allottees – in time for the fiftieth anniversary of Alaska’s statehood in 2009.
This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
This report summarizes the federal role in historic preservation. It provides descriptions of and funding information for some of the major preservation programs, including the Historic Preservation Fund (HPF), the Advisory Council on Historic Preservation, the National Trust for Historic Preservation, and the National Register for Historic Places. Some Members of Congress have given historic preservation programs close scrutiny and have recommended that historic preservation activities be supported increasingly by the private sector.
This report discusses the legal issues considered by Congress on whether to permit drilling for oil and gas in the coastal plain of the Arctic National Wildlife Refuge, Alaska.
The severe 2000 fire season prompted a significant rise in funding for wildfire protection that has been sustained; wildfire appropriations in FY2005 were more than $2.9 billion. Most of the funds ($2.8 billion in FY2005) are to protect federal lands, with funds for reducing fuel loads, for equipment and training, for fighting fires, and for restoring burned sites. Federal funding ($98 million in FY2005) also supports state efforts to protect nonfederal lands. Some wildfire funding ($74 million in FY2005) is used for fire research, fire facilities, and programs to improve forest health. Congress continues to debate wildfire funding levels, with a growing focus on the cost of wildfire suppression.
Some Members of Congress are among the many people who are interested in considering limiting human activity in some areas of the marine environment as one response to mounting evidence of deteriorating conditions and declining populations of living resources. The purposes of proposed additional limits would be to both stem the decline and permit the rehabilitation of these environments and populations. One method of implementing this concept is to designate areas where activity would be limited, often referred to as marine protected areas (MPAs).
This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
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.
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.
This report briefly discusses the Arctic National Wildlife Refuge (ANWR) and FY2006 budget reconciliation legislation, which is considered under expedited procedures that, in particular, limit debate and amendments in the Senate.
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.
This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
The growing and diverse nature of recreation on federal lands has increased the challenge of balancing recreation with other land uses, and balancing different types of recreation. Motorized recreation has been particularly controversial, with issues centering on access and environmental impacts. The 109th Congress may consider legislation and conduct oversight on issues involving recreation on federal lands, including traditional recreational pursuits and newer forms of motorized recreation. Other federal land recreation issues of possible interest include recreational uses within the National Wildlife Refuge System, recreation at federal water, recreation fees, and Grand Canyon Colorado River management.
The growing and diverse nature of recreation on federal lands has increased the challenge of balancing recreation with other land uses, and balancing different types of recreation. Motorized recreation has been particularly controversial, with issues centering on access and environmental impacts. The 109th Congress may consider legislation and conduct oversight on issues involving recreation on federal lands, including traditional recreational pursuits and newer forms of motorized recreation. Other federal land recreation issues of possible interest include recreational uses within the National Wildlife Refuge System, recreation at federal water, recreation fees, and Grand Canyon Colorado River management.
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.
When Justice O’Connor ascended to the Supreme Court, expectations were that she would adhere to the conservative line and generally uphold the property rights position over the government’s in Fifth Amendment “takings” cases. This did not happen. Instead, in this area as well as others, she established her place at the Court’s ideological center. To be sure, Justice O’Connor made many arguments favoring property owners, in both her opinions and her concurrences and dissents. But this asserted empathy for the property owner did not translate into espousal of bold doctrinal shifts in takings law. Rather she preferred an ad hoc case-by-case approach, as embodied in the Penn Central test for regulatory takings, whose current dominance she helped to establish. The remainder of the report reviews her takings-related writings for the Court.
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