Federal lands are
lands in the United States owned by the
citizens of the United States. They are held in public trust and managed by
the federal government. Pursuant to the Property Clause of the United States Constitution (Article Four, section 3, clause 2),
the Congress has the power to retain, buy, sell, and regulate federal
lands, such as by limiting cattle grazing on them. These powers have been
recognized in a long line of U.S. Supreme Court decisions.
The
federal government owns about 640 million acres of land in the United States,
about 28% of the total land area of 2.27 billion acres. The majority of
federal lands (610.1 million acres in 2015) are administered by the Bureau of Land Management (BLM), U.S. Fish and Wildlife Service (FWS), National Park Service (NPS), or U.S. Forest Service (FS). BLM, FWS, and NPS are part of
the U.S. Department of the Interior, while the Forest Service
is part of the U.S. Department of Agriculture. An additional 11.4
million acres of land (about 2% of all federal land) is owned by the U.S. Department of Defense (DOD). The
majority of federal lands are located in Alaska and the Western states.
The United States Supreme Court has upheld the broad powers of the federal government
to deal with federal lands, for example having unanimously held in Kleppe
v. New Mexico that "the complete power that
Congress has over federal lands under this clause necessarily includes the
power to regulate and protect wildlife living there, state law
notwithstanding."
Lands held by the United States in trust for Native American tribes
are generally not considered public lands.[6] There are some 55 million acres of land held in trust
by the federal government for Indian tribes and almost 11 million acres of land
held in trust by the federal government for individual Natives. Although the
United States holds legal title to these lands, the tribe or
individual holds beneficial title (the right to use and
benefit from the property). As a result, Indian Country is "quasi-private, not public, land." Nevertheless,
"because the United States is a legal title holder, the federal government
is a necessary part in all leases and dispositions of resources including trust
land. For example, the secretary of the interior must approve any contract for
payment or grant by an Indian tribe for services for the tribe 'relative to
their lands' (25 U.S.C. § 81).
The
four primary federal land holders are:
Bureau of Land Management (BLM)
- Manages about 248.3 million acres of federal lands as of 2017, more than any
other agency. Of these, 99.4% are in the 11 Western states or Alaska. BLM
primarily emphasizes rangeland, but also administers lands for purposes other
than grazing, including "recreation, ... timber, watershed, wildlife and
fish habitat, and conservation."
United States Fish and Wildlife
Service (FWS) - Manages about 89.1 million acres of federal land,
of which 86% are in Alaska. FWS-administered land is primarily for conservation
and promotion of wildlife; however, some other uses (such as resource
extraction) are permitted under certain conditions and in certain areas.
National Park Service (NPS) - Manages
about 79.8 million acres of federal land, of which 66% are in Alaska. There are
slightly over 417
official NPS units with a variety of titles,
including national
park, national
monument, national historic site, national recreation area,
and national battlefield.
United States Forest Service (FS)
- Manages about 192.9 million acres of national forests. Although Forest
Service holdings are mostly in the West, FS also manages about 60% of all
federal lands in the Eastern United States.
The
fifth largest federal landowner is the U.S. Department of Defense, which owns, leases, or
possessed 26.1 million worldwide, of which 11.4 million acres are located in
the United States. DOD land is mostly military
bases and
reservations. The largest single DOD-owned tract is the 2.3-million-acre White Sands Missile Range in New Mexico.
Together,
the BLM, FWS, NPS, Forest Service, and DOD manage 97% of federal land. Federal
agencies that control smaller amounts of land include the U.S. Army Corps of Engineers, the Bureau of Reclamation, the United States Postal Service, the National Aeronautics and Space Administration, and the U.S. Department of Energy.
Federal
land is concentrated in Alaska and the Western United States. Nationwide, the
federal government owns 27.4% of all land area. There are significant
variations regionally; the federal government owns 61.3% of the land area in
Alaska, 46.4% of the land area in the 11 contiguous Western states; and 4.2% of the land area of other states.
The state with the highest percentage of land held by the federal government
is Nevada (79.6%); the states
with the lowest percentage of land held by the federal government are Connecticut and Iowa (0.3%).
From
1990 to 2015, federal acreage declined by about 3.9% due to a decline in land
held by DOD and BLM.
Norb
Leahy, Dunwoody GA Tea Party Leader
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