Transcript Federal Lands in Minnesota

Federal Lands
Production Spectrum
regulation Regulation
Coercion
coercion
Production Spectrum
regulation Regulation
Coercion
coercion
Production Spectrum
regulation Regulation
Coercion
coercion
Federal “Tools” to Influence Behavior
Setting goals
Spending money
• Providing information
• Assuming risks
• Carrots – grants, loans, public works
• Big Sticks
• regulation
• taxation – income, excise, real property
Without any coercion – “free market”?
Statutes, rules, judicial opinions
Minnesota Recreation
Surface Cover in the United States
Ownership
Federal
%
State
%
Arable
Private
%
98.9
Pasture
32.0
6.8
61.0
Forest
38.7
5.1
56.1
Other
72.8
12.2
15.3
Influence of federal government different in different situations
Resources on Federal Lands
Sales of Fossil Fuels Produced from Federal and Indian Lands, FY 2003 through FY
2012 (EIA May 30, 2013)
Production of Oil, Gas and Coal on Federal Lands Sinks to Nine-Year Low (The
Foundry March 19, 2012)
Federally Owned Coal and Federal Lands in the Colorado Plateau Region (USGS)
Bureau of Land Management Solid Minerals Program
Mining on Federal Lands: Hardrock Minerals (CRS April, 208)
Abandoned Mine Lands (BLM)
• Abandoned Uranium Mines
The Dynamic of Public and Private Lands
• Public lands and private lands represent
the ends of a spectrum that describe how
goods are produced and how services are
provided
The Dynamic of Public and Private Lands
• Public lands and private lands represent
the ends of a spectrum that describe how
goods are produced and how services are
provided
• Decisions about public lands are reflected
in the decisions about private lands
The Dynamic of Public and Private Lands
• Public lands and private lands represent
the ends of a spectrum that describe how
goods are produced and how services are
provided
• Decisions about public lands are reflected
in the decisions about private lands
• Goods produced from the public lands and
the services provided by public lands
represent the outcome of several debates
about the role and responsibility of
government
The Dynamic of Public and Private Lands
• Public lands and private lands represent
the ends of a spectrum that describe how
goods are produced and how services are
provided
• Decisions about public lands are reflected
in the decisions about private lands
• Goods produced from the public lands and
the services provided by public lands
represent the outcome of several debates
about the role and responsibility of
government
• Rarely does a session of Congress not
enact legislation,
• to convey or acquire a parcel of land or
• to change the way in which land is used
Paradigm for Public Lands
Public lands are not historical accidents
Paradigm for Public Lands
Public lands are not historical accidents
They represent the outcomes of decisions
that we have collectively made to produce
goods and provide services from land owned
by government rather than privately owned
lands
Paradigm for Public Lands
Public lands are not historical accidents
They represent the outcomes of decisions
that we have collectively made to produce
goods and provide services from land owned
by government rather than privately owned
lands
Federal lands embody decisions to produce
goods and provide services from lands owned
by the federal government
Federal Lands
31.1% of the surface area – 703 million acres – of the United States
Lands or interest in lands owned by the federal government
Administered by a variety of agencies
Federal Lands
31.1% of the surface area – 703 million acres – of the United States
Lands or interest in lands owned by the federal government
Administered by a variety of agencies
A.
Land completely owned (fee title) by the United States
a. Public domain lands
– never left federal ownership
– acquired in exchange for public domain lands or for the timber on public
domain lands
Federal Lands
31.1% of the surface area – 703 million acres – of the United States
Lands or interest in lands owned by the federal government
Administered by a variety of agencies
A.
Land completely owned (fee title) by the United States
a. Public domain lands
– never left federal ownership
– acquired in exchange for public domain lands or for the timber on public
domain lands
b. Acquired lands – purchased, condemned, donated, or exchanged
Federal Lands
31.1% of the surface area – 703 million acres – of the United States
Lands or interest in lands owned by the federal government
Administered by a variety of agencies
A.
Land completely owned (fee title) by the United States
a. Public domain lands
– never left federal ownership
– acquired in exchange for public domain lands or for the timber on public
domain lands
b. Acquired lands – purchased, condemned, donated, or exchanged
B. Land which the federal government does not fully own – e.g. easements, lease
Not classed as Federal Land
Lands on the Outer Continental Shelf
Indian Reservations and lands owned by the United States “in trust” for recognized
American Indian tribes
Federal Lands – some history
The objective of federal domestic policy in the nineteenth century was to privatize the
nation's land surface
Why does the federal government still possess title to approximately one third of it?
In the eighteenth & nineteenth centuries
individuals migrated into a largely uninhabited
continental interior in response to federal policy
aimed at creating and promoting private
landownership
Lands Conveyed by the United States under 3,500 statutes to
individuals, corporations, and states
Alienation of Minnesota’s Land Surface
Land Ownership in Minnesota
Major Uses of Federal Land
Rural Uses
National Park System
National Forests
National Grasslands
Wilderness Areas
National Wildlife Refuges
Dams and Reservoirs
• Army Corps of Engineers
• Bureau of Reclamation
Major Uses of Federal Land
Rural Uses
National Park System
National Forests
National Grasslands
Wilderness Areas
National Wildlife Refuges
Dams and Reservoirs
• Army Corps of Engineers
• Bureau of Reclamation
Urban Uses
Federal Courthouses
Customs & Immigration Posts
Post Offices
Flood Control Structures
The Minneapolis Federal Reserve Building
VA Hospitals
EPA laboratories
Fort Snelling National Cemetery
Bureau of Mines property
Minnesota Federal Buildings
General Services Administration
Constructs, manages, and preserves government buildings
Leases and manages commercial real estate
Acquires private sector professional services, equipment, supplies,
telecommunications, and information technology to government organizations and
the military
Promote management best practices and efficient government operations
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Realty Services Overview
Inventory of Owned and Leased Properties
Federal Lands
Majority in the West
Federal government once owned as much as 80% of the surface area but disposed of
1.4 billion acres to individuals, corporations and states
Four agencies manage 96% of the federal land
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USDA Forest Service (1905)
DOI National Park Service (1916)
DOI Fish and Wildlife Service (1940)
DOI Bureau of Land Management (1946)
Each has acquired title to land throughout its existence
Each agency possesses its own mission and responsibilities for
managing the lands
Forest Management: Laws, Regulations and Policies
National Park Service Laws and Regulations
Fish and Wildlife Service Laws and Regulations
BLM Laws, Regulations, Policies
The Department of the Interior manages 445 million surface acres, including 56 million
acres of lands held in trust for American Indians
Much of this land are located in separate management units
• 379 national parks
• 74 national monuments
• 521 wildlife refuges
• 742 dams
• Includes 57,000 buildings
Bureau of Land Management
Administers 264 million acres of land ca. 12% total surface area - 40% of all federal
lands
Primarily located in the 11 western states and Alaska
The BLM also manages 700 million acres of sub-surface mineral estate throughout the
nation
Descendant of the General Land Office – the federal real estate agency 1812-1946
Bureau of Land Management (Wikipedia)
National Conservation Lands
• National Monuments (1906)
• National Conservation Areas (1970)
• Cooperative Management and Protection Areas (2000)
• Outstanding Natural Areas (1980)
• Forest Reserves (1999)
• Wilderness (1964)
• Wilderness Study Areas (1976)
• Wild and Scenic Rivers (1968)
• National Scenic and Historic Trails (1968)
Science on the National Conservation Lands
Bureau of Land Management
National Wild Horse and Burro Program – Adoption details
Abandoned Mine Lands
Cultural, Paleontological Resources and Tribal Consultation
Cadastral Survey
US Mineral Surveyor Program
Hazardous Materials Management
Helium Program
Mining and Minerals
Payments in Lieu of Taxes (PILT)
Rights-of-Way
Bureau of Ocean Energy Management, Regulation and
Enforcement (Dept of the Interior)
Bureau of Ocean Energy Management
560 million acres of subsurface mineral resources throughout the country
3 billion acres of Outer Continental Shelf lands containing natural gas, oil, and other
mineral resources
42 million acres of the OCS under lease supply approximately 27% of the natural gas
and approximately 20% of the oil produced in the United States
Obama to Open Offshore Areas to Oil Drilling for First Time (New York Times March
31, 2010)
Collects and disburses revenues from such leases and mineral leases on Federal and
Indian lands
Federal Lands
Administered by a variety of agencies for a variety of purposes
Acquired by the federal government at different times and in different ways
Federal Land Ownership: Overview and Data (CRS Feb. 2012)
Public Land Statistics 2012 (BLM)
Rural Lands – Forests, Parks, Wildlife Refuges
Military Bases
1796-1934 Privatizing land the principal objective
1796-1812 Early attempts to privatize land under Congressional supervision
1812-1946 Privatizing land - the federal real estate agency the General Land Office
A.
B.
1812-1862 Land as a source of revenue
1862-1935 Land as a subsidy for settlement - homestead, railways, etc.
But
1832 Hot Springs Reserve
1872 Yellowstone National Park established
1891 President authorized to reserve forest land in federal ownership – not then
conveyed to states, corporations, or individuals
1906 President authorized to protect antiquities on federal land
1796-1934 Privatizing land the principal objective
Major Change in Policy
1911 Weeks Act, allowing the USDA to acquire privately owned cutover forestland
for watershed purposes
1924 Clarke-McNary Act, allowing the USDA to acquire cutover forestland for
forestry demonstration purposes
C. 1934 The Taylor Grazing Act ending privatization in general
1946 The Bureau of Land Management established as successor to the General
Land Office
• to manage lands owned by the federal government and not reserved
• 261 million acres of land, primarily in the 12 Western States and Alaska
Major Legislation
1872 Yellowstone National Park (16 USC 21 et seq)
1891 Forest Reserve Act
1906 Antiquities Act (16 USC 431 et seq)
1911 Weeks Act (16 USC 552)
1916 National Park Service Organic Act (16 USC 1)
1924 Clarke-McNary Act (June 7, 1924, ch. 348, 43 Stat. 653)
1934 Taylor Grazing Act (16 USC 315)
1960 Multiple-Use Sustained-Yield Act of 1960 (16 USC 528)
1964 Wilderness Act (16 USC 1131 et seq)
1976 Federal Land Policy and Management Act (16 USC 1701 et seq)
Question of Jurisdiction on Federal Lands
Nowhere comprehensively compiled
Article 1 Section 8 (Jurisdictional clause)
The Congress shall have Power to exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress, become the Seat
of the Government of the United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of the State in which the
Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
other needful Buildings
Question of Jurisdiction on Federal Lands
Nowhere comprehensively compiled
Article 1 Section 8 (Jurisdictional clause)
The Congress shall have Power to exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress, become the Seat
of the Government of the United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of the State in which the
Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
other needful Buildings
Minnesota Statutes 1.042 (Laws 1943 c 343)
Subdivision 1. The consent of the State of Minnesota is given in accordance with the
Constitution of the United States, Article I, Section 8, Clause 17, to the acquisition
by the United States in any manner of any land or right or interest in land in this
state required for sites for customs houses, courthouses, hospitals, sanitariums,
post offices, prisons, reformatories, jails, forestry depots, supply houses, or offices,
aviation fields or stations, radio stations, military or naval camps, bases, stations,
arsenals, depots, terminals, cantonments, storage places, target ranges, or any
other military or naval purpose of the United States
Minnesota Statutes 1.042 (Laws 1943 c 343)
Subd. 3. Conditions and reservations. The right of the state to cause its civil and
criminal process to be executed in any ceded land or place is reserved to the
state. The state also reserves the right to impose the following taxes
(A) an income tax on persons residing in the land or place or receiving income from
transactions occurring or services performed there;
(B) a sales or use tax levied on or measured by sales, receipts from sales, purchases,
storage, or use of tangible personal property in the land or place;
(C) a tax on personal property situated in the land or place, or on the use of personal
property by a private individual, association, or corporation there, except personal
property owned by the United States or by law exempt from taxation; and
(D) a tax on the use of real property within the land or place by a private individual,
association, or corporation
Piecemeal acquisition of the lands, piecemeal acquisition of
jurisdiction
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Federal Legislation (Pub. L. 91–661, Jan. 8, 1971, 84 Stat. 1970; 16 USC 160 et
seq)
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Voyageurs National Park
Minnesota Statutes 84B.061 (Laws 1995 c.124)
Minnesota Statutes 1.045 (Laws 1995 c.124)
Voyageurs National Park
Contains 218,054 acres - 134,265 acres of land and 83,789 acres of water
Authorized on January 8, 1971 (16 USC 160 et seq)
The Secretary of the Interior is authorized to establish the Voyageurs National Park in
the State of Minnesota, by publication of notice to that effect in the Federal Register
at such time as the Secretary deems sufficient interests in lands or waters have
been acquired for administration ….
Formally established on April 8 1975 (40 FR 15921)
National Park Service Site
Voyageurs National Park Association
Snowmobile Restrictions in Voyageurs NP
Minnesota Statutes 2005
The Political Geography of National Parks (Pacific History Review 2004)
Federal lands comprise two groups
A. Lands the federal government has always owned – lands that were never sold or
granted to individuals, corporations, or states
• never offered under the federal land statutes – became “available” after 1891
when the President was authorized to establish forest reserves
• never acquired by individuals, corporations, or states – considered "worthless"
B. Lands that the federal government reacquired after having conveyed them to
individuals, corporations, or states
• acquired voluntarily – by purchases, exchanges, donations
• acquired involuntarily – by condemnation, confiscation, bankruptcy
proceedings
Federal Forest Lands
Weeks Act 1911 (36 Stat. 961) allowed federal government to acquire cutover forest
land in mountainous areas – National Forest Reservation Commission
Clark-McNary Act 1924 amended the Weeks Act, expanding it to allow the Forest
Service to purchase lands needed to produce timber and to enter into agreements
with the states to protect state owned and private lands against fire
Also continued the cooperative relationships with nonfederal forestry programs
formalized by the Weeks Act
Federal Forest Lands
National Forest System
National Forests legislation 16 USC Chapter 2
• Superior National Forest
• Chippewa National Forest
• Roadless Areas
• New rule opens up forests
• Off-highway regulations
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National Grasslands
National Trails
Public-Private Mix of Landownership
Forest Service
Established in 1905, the Forest Service is an agency of the U.S. Department of
Agriculture and manages public lands in national forests and grasslands
Budget
History
How Statutory, Regulatory, and Administrative Factors Affect National Forest
Management (2002)
Forest Inventory and Analysis National Program
Roadless Areas
Off-Highway Vehicles
Forest Management
U.S. Forest Service
“To sustain the health, diversity, and productivity of the Nation’s forests and grasslands
to meet the needs of present and future generations”
Ecosystem Management Coordination manages planning and decision-making in the
Forest Service
• National Forest Management Act Planning
• Environmental Appeals and Litigation
Forest Industry Court Cases
US Forest Service Research and Development – research topics
Publications
State and Private Forestry provides technical and financial assistance to landowners
and resource managers to help sustain the Nation’s forests and protect
communities and the environment from wildland fires
Boundary Waters Canoe Area Wilderness
Wilderness Act (PL 88-577, 78 Stat. 890, 16 USC 460ll and elsewhere)
• to establish a National Wilderness Preservation System for the permanent good of
the whole people
Boundary Waters Canoe Area Wilderness and Boundary Waters Canoe Area Mining
Protection Act (PL 95-495, 92 Stat. 1649, 16 USC 1132-1133)
Isaac Walton League
Wilderness Laws: Statutory Provisions and Permitted and Prohibited Uses (CRS 2010)
Wilderness: Overview and Statistics (CRS 2010)
The Wilderness Acts: Legal Mandate for Wilderness Classification and Management
The Boundary Waters Canoe Area: Arguments for Eliminating Motorized Recreation
The Problem with Wilderness (Harvard Environmental Law Review 2008)
Take Home Points
Public lands are not historical accidents
Take Home Points
Public lands are not historical accidents
They represent the outcomes of decisions to produce goods and provide services from
land owned by government
Take Home Points
Public lands are not historical accidents
They represent the outcomes of decisions to produce goods and provide services from
land owned by government
They reflect the role we have asked the federal government to play and the
responsibilities that go along with that role