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The Uses and Abuses of Federal Land
American Conservative ^ | Dec 13, 2023 | William Perry Pendley

Posted on 12/28/2023 6:56:53 AM PST by george76

The Biden administration has continued the modern Democrat tradition of perverse federal land use policy.

It comes as a surprise to most Americans that the federal government owns nearly one-third of the nation’s land mass, in excess of 640 million acres. (It also owns 1.7 billion acres of the Outer Continental Shelf (OCS), but that is another story.) Most know of the National Park Service in the Department of the Interior and its 80 million acres of parks, preserves, reserves, monuments, memorials, historic sites, battlefields, and recreation areas, in every state. Many Americans may be familiar with the 141 national forests, managed by the U.S. Forest Service from the Department of Agriculture, spread across 43 states and 193 million acres. Less known is the Fish & Wildlife Service, also in Interior, and the 89 million acres of its National Wildlife Refuge System in all fifty states. Few Americans outside the West, however, are aware of the Bureau of Land Management, the original “BLM,” another Interior agency, which manages 245 million acres, mostly in the eleven western states and Alaska.

Those agencies manage 95 percent of federal land. Most of the rest is held by the Department of Defense: 11 million acres by its departments and 12 million acres by the Army Corps of Engineers, dating to 1775, for the 456 lakes it manages for water control and recreation in 43 states. Numerous other federal agencies manage the residual federal land holdings.

Most federal land is in the American West. Over eighty percent of Nevada is federally owned; Alaska, Idaho, and Utah are not far behind with over sixty percent federal land ownership. Three states (California, Oregon, and Wyoming) are just under or slightly over fifty percent federally owned; a third of three Mountain West states (Arizona, Colorado, and New Mexico) is federal land; and a quarter of the two remaining states (Montana and Washington) is held by a federal landlord.

The contrast with non-western states is jarring. In five eastern states, federal land does not break a percent; in another 20, less than five percent is federally owned; in ten, federal land represents five to ten percent of the land mass; and, in only three (Florida, New Hampshire, and Hawaii) is federal land ownership in the teens. Worse yet for rural westerners, some counties are majority owned by the federal government: Garfield County, Utah (larger than Connecticut), 89 percent; Mineral County, Montana, 81 percent; and Josephine County, Oregon, 67 percent.

Early on, the Founders intended that all federal land be sold other than those "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"; hence the creation in 1812 of the General Land Office. In time, however, Congress, with exclusive constitutional responsibility for federal land, thought otherwise. In 1872, for example, Congress withdrew from sale and set aside Yellowstone National Park as a “pleasuring-ground for the benefit and enjoyment of the people.” Meanwhile, recognizing the public’s need, not just for “pleasuring-grounds,” but also for natural resources and economic activity, that same Congress enacted the General Mining Law allowing entry onto and location on federal lands for discovery of valuable minerals and location of mining claims.

The same conservation ethic of “wise use” that led to the nation’s first park resulted, in time, in the creation of national forests. In 1891, Congress passed the Forest Reserve Act, under which President Benjamin Harrison withdrew and set aside “forest reserves,” opening with the Yellowstone Park Timberland Reserve, to protect the lands, ensure water flows, and promote timber harvesting. In 1907, Congress limited the president’s authority to designate unilaterally what it then labeled “national forests.” In 1960, Congress expanded the purposes served by those national forests, adding recreation, livestock grazing, and wildlife and fish habitat. Moreover, declared Congress, forests must be managed for “multiple-use [and] sustained-yield” to “best meet the needs of the American people.”

Over the years, Congress recognized that other federal lands were special and should be set aside for unique and limited purposes. For example, the Wilderness Act of 1964 allowed for the preservation of wilderness areas “where man himself is a visitor who does not remain.” The Wild and Scenic Rivers of 1968 protected wild, scenic, and recreational rivers. In 1973, the Endangered Species Act, which authorized listing species as “endangered” or “threatened,” permitted declaring habitats on federal land as critical to the survival of those species.

In 1976, responding to a 1970 report by a bipartisan, blue-ribbon panel, Congress passed the “BLM Organic Act,” setting policy for the agency created in 1946 by President Truman when he merged the General Land Office and Grazing Service. Congress, as it had for the U.S. Forest Service, codified multiple-use and sustained yield management of BLM’s 245 million acres, but recognized its statutory obligation to protect natural, historical, and cultural resources. Notably, Congress declared public lands were to be retained in federal ownership ending the disposal era.

Through the decades, federal—or public—lands policy was not partisan, although it exposed a battle of wills between the executive and Congress, with the latter reasserting its dominant constitutional role. That ended with President Jimmy Carter, who, beholden to environmental groups that supported his election, adopted federal land policies consistent with their demands, much to the horror of western governors (most of whom were Democrats). President Ronald Reagan campaigned against this “War on the West,” declared himself a “Sagebrush Rebel,” and, on taking office, quelled the rebellion by reversing Carter’s policies. President Bill Clinton resumed Carter’s “War on the West,” epitomized by his introduction of wolves into the states bordering Yellowstone National Park; the decreed death of a world-class mine in Montana; and the designation of a vast national monument in Utah over the objections of Utah leaders—but with the support of the Hollywood elite. President Barack Obama reinstated the anti-economic federal lands policies started by Carter and amplified by Clinton.

...

President Trump, who echoed Reagan’s approach to federal lands, took Congress at its word. If the statutory mandate as to public lands was to promote economic activity, to ensure and expand recreational opportunities, or to protect valuable natural resources, including, for example, parks, wilderness areas, national monuments, and wild and scenic areas, efforts were expended, barriers were removed, and career employees were aided in the accomplishment of those missions. Most notably, he ordered his Interior Department to comply with federal law, conduct congressionally mandated lease sales, and seek to achieve energy independence, which the nation did in July 2019, for the first time since 1957. Moreover, Trump put a westerner on the Supreme Court of the United States, ordered a review of the abusive designation of national monuments (by Carter, Clinton, and Obama), reduced the size of two in Utah, pardoned Oregon ranchers illegally prosecuted for “terrorism,” and ended the “waters of the United States” rule that bedeviled rural westerners.

Biden abandoned all pretense of complying with federal law as to federal oil and gas resources. Not since the administration of President Truman—prior to creation of the offshore oil and gas program—have fewer federal leases been issued. Worse yet, Biden is at war with the public land laws passed by Congress, specifically their mandate to manage federal lands pursuant to “multiple use” and “sustained yield” principles. Instead, Biden believes federal land should be off-limits to all economic activity, most recreational uses, and even the American people themselves, while Biden uses those lands for purposes never intended, such as the warehousing of the illegal aliens pouring into the country.

To date, no one can stop him. Not Congress, which is deadlocked. Not the federal courts, which he ignores. Not even, given his response to its rulings, the Supreme Court itself.


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: agenda21; alc; blm; bundy; coal; federal; federalland; federallandgrab; hh2; land; landgrab; propertyrights; realestate; rewilding; rs2477; ruralcleansing; sagebrush; statesrights; unagenda21; utah; waroncoal

1 posted on 12/28/2023 6:56:53 AM PST by george76
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To: george76

What would happen if we had land reform and gave every illegal immigrant 3 acres?


2 posted on 12/28/2023 6:58:07 AM PST by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: PeterPrinciple

What if the feral govt simply operated within Constitutional limits?


3 posted on 12/28/2023 7:03:27 AM PST by hoosierham (Freedom isnt free)
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To: PeterPrinciple

No no no.

640 million acres divided by 32 million black Americans = 20 acres/no mule. That would solve our race problem by half. Give them an EV.


4 posted on 12/28/2023 7:03:36 AM PST by DIRTYSECRET
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To: george76

Public lands in the various territories should have been handed over to the states when the states were formed.


5 posted on 12/28/2023 7:20:03 AM PST by jdege
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To: george76

“It comes as a surprise to most Americans that the federal government owns nearly one-third of the nation’s land mass, in excess of 640 million acres. (It also owns 1.7 billion acres of the Outer Continental Shelf (OCS), but that is another story.)”

I am absolutely sick of this subliminal deceptive psyops and willfully wrong perspective and narrative.

THE “GOVERNMENT” DOES NOT OWN IT PERIOD!

WE THE PEOPLE OWN IT AS “PUBLIC PROPERTY IN COMMON”. “FEDERAL GOVERNMENT PROPERTY” IS AN OUTRIGHT LIE!”

And we should fix this deception every time we see it!


6 posted on 12/28/2023 7:22:35 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: george76
Not the federal courts, which Biden ignores.

An indication that the Rule of Law is further breaking down - and also is applied unevenly and unfairly.

The mark of a dying nation when its leader ignores its own federal courts and refuses to follow its laws.

7 posted on 12/28/2023 7:26:08 AM PST by Bon of Babble (You Say You Want a Revolution?)
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To: george76

The government owns it all. We are just paying rent called property taxes.


8 posted on 12/28/2023 7:29:08 AM PST by alternatives?
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To: george76

As someone hailing from south-western Oregon, I know the BLM. The Coos Bay office manages 325,000 acres spread throughout Coos and Curry county, with little bits of Douglas (the majority of Douglas falls under a different office located in Roseburg) and a small sliver of Lane as well. That of itself is about an eighth of the land—and that doesn’t include a whole whack of other state and federal lands.


9 posted on 12/28/2023 7:34:40 AM PST by Hieronymus ( )
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To: george76

MILLIONS of acres of these lands ‘held by the the Feds” is now controlled by the CARTELS.

M J grows are everywhere & they have NO HESITATION about shooting at any intruder-—on foot or horseback.

Hiking/Biking/Riding trails are no longer in use because of citizens getting shot at.

The TRINITY NATIONAL FOREST in N Calif is totally controlled by the Cartels & their growing operations.


10 posted on 12/28/2023 7:38:39 AM PST by ridesthemiles
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To: Openurmind

YOU ARE CORRECT-—

THOSE OF US WHO “OWN “ OUR PROPERTIES PAY PROPERTY TAXES.

FEDS PAY NOT A DIME.


11 posted on 12/28/2023 7:39:33 AM PST by ridesthemiles
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To: george76; GrandmaC; Jeff Head; Washington_minuteman; blackie; janetgreen

Biden is the tyrant we feared when several patriot freepers ( Jeff Head, Washington Minuteman, grandma C, redrock..so many I will never forget) stood up to armed federal agents at Jarbidge and Klamath falls.


12 posted on 12/28/2023 7:42:59 AM PST by AuntB (Trump is our Ben Franklin - Brilliant, Boisterous, Brave and ALL AMERICAN!)
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To: ridesthemiles

“FEDS PAY NOT A DIME.”

No... WE pay it so it belongs to US period!


13 posted on 12/28/2023 9:31:49 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: alternatives?

“The government owns it all. We are just paying rent called property taxes.”

Different... Local spent locally. The Feds are only “Stewards” of federal public lands. They do not own them, we do.

stew·​ard:

1: one employed in a large household or estate to manage domestic concerns (such as the supervision of servants, collection of rents, and keeping of accounts)

2: shop steward

3: a fiscal agent

4 a: an employee on a ship, airplane, bus, or train who manages the provisioning of food and attends passengers

b: one appointed to supervise the provision and distribution of food and drink in an institution

5: one who actively directs affairs : manager

Hence BLM... Bureau of Land Management.

They DO NOT OWN IT, they are only employed to manage it for us the people who actually own it...


14 posted on 12/28/2023 9:42:21 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Openurmind

State government is still the government. Tax money is fumigable. It can be shifted between uses and levels of government.

If, after the last three years, you think government is managing the country for us, I don’t know what to say to convince you otherwise.


15 posted on 12/28/2023 10:02:50 AM PST by alternatives?
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To: alternatives?

Absolutely NOT. Constitutionally WRONG. They DO NOT own ANYTHING. They are only representatives and managers hired by us and paid by us as EMPLOYEES.

THEY WORK FOR WE THE PEOPLE AS THE OWNERS. Anyone who thinks any different is a total brainwashed fool or a government psyops asset.

Now more than ever this misconception needs to be corrected period.


16 posted on 12/28/2023 10:29:33 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: ridesthemiles

Depressing, if true.


17 posted on 12/28/2023 10:52:13 AM PST by Karoo
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