Federal lands are lands in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

owned by the

federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...

. Pursuant to the

Property Clause Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and admin ...

of the

United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

( Article 4, section 3, clause 2),

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

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

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

decisions.Paul Rodgers, ''United States Constitutional Law: An Introduction'' (2011), p. 100-101. The only mention in the United States Constitution of the specific types of land the federal government is authorized to own outside Washington D.C., in Article 1, Section 8, refers to "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." 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.Carol Hardy Vincent, Carla N. Argueta, & Laura A. Hanson
Federal Land Ownership: Overview and Data
Congressional Research Service (updated February 21, 2020). The majority of federal lands (610.1 million or 95 percent acres in 2015) are administered by the

Bureau of Land Management The Bureau of Land Management (BLM) is an agency within the United States Department of the Interior responsible for administering federal lands. Headquartered in Washington DC, and with oversight over , it governs one eighth of the country's ...

(BLM),

United States Fish and Wildlife Service The United States Fish and Wildlife Service (USFWS or FWS) is an agency within the United States Department of the Interior dedicated to the management of fish, wildlife, and natural habitats. The mission of the agency is "working with othe ...

(FWS),

National Park Service The National Park Service (NPS) is an agency of the United States federal government within the U.S. Department of the Interior that manages all national parks, most national monuments, and other natural, historical, and recreational properti ...

(NPS), or

United States Forest Service The United States Forest Service (USFS) is an agency of the United States Department of Agriculture, U.S. Department of Agriculture that administers the nation's 154 United States National Forest, national forests and 20 United States Nationa ...

(USFS). BLM, FWS, and NPS are part of the

United States Department of the Interior The United States Department of the Interior (DOI) is one of the executive departments of the U.S. federal government headquartered at the Main Interior Building, located at 1849 C Street NW in Washington, D.C. It is responsible for the ma ...

, while the Forest Service is part of the

United States Department of Agriculture The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of comme ...

. An additional 11.4 million acres of land (about 2% of all federal land) is owned by the

United States Department of Defense The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national sec ...

(DOD). The majority of federal lands are located in

Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...

and the

Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...

states.

Legal background

The

has upheld the broad powers of the federal government to deal with federal lands, for example having unanimously held in ''

Kleppe v. New Mexico ''Kleppe v. New Mexico'', 426 U.S. 529 (1976), was a United States Supreme Court decision that unanimously held the Wild and Free-Roaming Horses and Burros Act of 1971, passed in 1971 by the United States Congress to protect these animals from "ca ...

'' 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.Tom Fredericks & Andrea Aseff
When Did Congress Deem Indian Lands Public Lands?: The Problem of BLM Exercising Oil and Gas Regulatory Jurisdiction
33 Energy Law Journal 119 (2012). 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)."Trust Land" in ''Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty'' (ed. Donald L. Fixico: ABC-CLIO, 2008), p. 956. 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)."

History of federal lands

The

Land Ordinance of 1785 The Land Ordinance of 1785 was adopted by the United States Congress of the Confederation on May 20, 1785. It set up a standardized system whereby settlers could purchase title to farmland in the undeveloped west. Congress at the time did not have ...

and the

Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...

of 1787 provided for the survey and settlement of the lands that the original

13 colonies The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of British colonies on the Atlantic coast of North America. Founded in the 17th and 18th centur ...

ceded to the federal government after the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...

. As additional lands were acquired by the United States from

Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

, Native American Nations and other countries, the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...

directed that they be explored, surveyed, and made available for settlement. During the Revolutionary War, military bounty land was promised to soldiers who fought for the colonies. After the war, the Treaty of Paris of 1783, signed by the United States, the

Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...

, and

, ceded territory to the United States. In the 1780s, other states relinquished their own claims to land in modern-day

Ohio Ohio () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Of the List of states and territories of the United States, fifty U.S. states, it is the List of U.S. states and territories by area, 34th-l ...

. By this time, the United States needed revenue to function.Vernon Carstensen, "Patterns on the American Land." ''Journal of Federalism,'' Fall 1987, Vol. 18 Issue 4, pp 31–39 Land was sold so that the government would have money to survive. In order to sell the land, surveys needed to be conducted. The

instructed a geographer to oversee this work as undertaken by a group of surveyors. The first years of surveying were completed by trial and error; once the territory of Ohio had been surveyed, a modern public land survey system had been developed. In 1812, Congress established the

General Land Office The General Land Office (GLO) was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department o ...

as part of the Department of the Treasury to oversee the disposition of these federal lands.A History of the Rectangular Survey System by C. Albert White, 1983, Pub: Washington, D.C.: U.S. Dept. of the Interior, Bureau of Land Management: For sale by G.P.O. By the early 1800s, promised bounty land claims were finally fulfilled. In the 19th century, other bounty land and homestead laws were enacted to dispose of federal land. These included, among others, the

Homestead Act of 1862 The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of government land or the public domain, typically called a homestead. In all, more than of public land, or nearly 10 percent of ...

and the Desert Lands Entry Act of 1877. Several different types of patents existed. These include cash entry, credit, homestead, Indian, military warrants, mineral certificates, private land claims, railroads, state selections, swamps, town sites, and town lots. A system of local land offices spread throughout the territories, patenting land that was surveyed via the corresponding Office of the Surveyor General of a particular territory. This pattern gradually spread across the entire United States. Homestead entries peaked in 1910, when they amounted to 18.3 million acres, and sharply declined after 1935 and were eliminated in 1986. The laws that spurred mass federal land transfers, with the exception of the General Mining Law of 1872 and the

Desert Land Act The Desert Land Act is a United States federal law which was passed by the United States Congress on March 3, 1877, to encourage and promote the economic development of the arid and semiarid public lands within certain states of the Western states ...

of 1877, have since been repealed or superseded. Between 1781 and 2018, the federal government divested itself of estimated 1.29 billion acres of public domain land. The vast majority (97%) of transfers of federal land to private ownership occurred before 1940. Beginning in the early 20th century, U.S. government policy shifted from disposing of public land to retaining and managing it. Congress took additional steps toward recognizing the value of the assets on public lands and directed the

Executive Branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems ...

to manage activities on the remaining public lands. The

Mineral Leasing Act of 1920 The Mineral Leasing Act of 1920 et seq. is a United States federal law that authorizes and governs leasing of public lands for developing deposits of coal, petroleum, natural gas and other hydrocarbons, in addition to phosphates, sodium, sulfur, ...

allowed leasing, exploration, and production of selected commodities, such as

coal Coal is a combustible black or brownish-black sedimentary rock, formed as rock strata called coal seams. Coal is mostly carbon with variable amounts of other elements, chiefly hydrogen, sulfur, oxygen, and nitrogen. Coal is formed when ...

oil An oil is any nonpolar chemical substance that is composed primarily of hydrocarbons and is hydrophobic (does not mix with water) & lipophilic (mixes with other oils). Oils are usually flammable and surface active. Most oils are unsaturated ...

, gas, and

sodium Sodium is a chemical element with the symbol Na (from Latin ''natrium'') and atomic number 11. It is a soft, silvery-white, highly reactive metal. Sodium is an alkali metal, being in group 1 of the periodic table. Its only stable ...

to take place on public lands. The Taylor Grazing Act of 1934 established the United States Grazing Service to manage the public rangelands by establishment of advisory boards that set grazing fees. The Oregon and California Revested Lands Sustained Yield Management Act of 1937, commonly referred as the O&C Act, required sustained

yield management Yield management is a variable pricing strategy, based on understanding, anticipating and influencing consumer behavior in order to maximize revenue or profits from a fixed, time-limited resource (such as airline seats or hotel room reservations ...

of the timberlands in western Oregon. Sagebrush Rebellion movement in the

Western United States The Western United States (also called the American West, the Far West, and the West) is the region comprising the westernmost states of the United States. As American settlement in the U.S. expanded westward, the meaning of the term ''the We ...

in the 1970s and the 1980s sought major changes to federal land control, use, and disposal policy in 13 western states in which federal land holdings include between 20% and 85% of a state's area. Supporters of the movement wanted more state and local control over the lands, if not outright transfer of them to state and local authorities and/or From 1990 to 2018, the overall acreage held by the federal government decreased by 4.9% (i.e., from 646.9 million acres to 615.3 million acres). Over that time period, the federal acreage held by the Bureau of Land Management and Department of Defense decreased by 10.2% and 56.8%, respectively, and the federal acreage held by the Forest Service, Fish and Wildlife Service, and National Park Service increased by 0.8%, 2.7%, and 5.0%, respectively. Over the 1990–2018 time period, the largest decline in federal acreage was in Alaska (a decrease of 9.4%, or 23.0 million acres) and in the 11 contiguous states of the West (a 3% decrease in federal land, or 10.7 million acres).

Primary federal land holders

The four primary federal land holders are: *

Department of the Interior The United States Department of the Interior (DOI) is one of the executive departments of the U.S. federal government headquartered at the Main Interior Building, located at 1849 C Street NW in Washington, D.C. It is responsible for the ma ...

(BLM) - The agency was formed in 1946 from the consolidation of the Grazing Service and the General Land Office. BLM manages about 244.4 million acres of federal lands as of 2018, more than any other agency. Of these, more than 99% are in the 11 Western states or Alaska. BLM primarily emphasizes rangeland, but also administers lands for purposes other than grazing, including recreation; timber, energy, and mineral extraction; and conservation (including watershed and wildlife/fish habitat). **

(FWS) - Manages about 89.2 million acres of federal land (as of 2018), of which 85.9% 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. **

(NPS) - Manages about 79.9 million acres of federal land (as of 2018), of which 66% are in Alaska. There are official NPS units with a variety of titles, including

national park A national park is a natural park in use for conservation purposes, created and protected by national governments. Often it is a reserve of natural, semi-natural, or developed land that a sovereign state declares or owns. Although individual ...

national monument A national monument is a monument constructed in order to commemorate something of importance to national heritage, such as a country's founding, independence, war, or the life and death of a historical figure. The term may also refer to a spe ...

, national historic site, national recreation area, and national battlefield. *

Department of Agriculture An agriculture ministry (also called an) agriculture department, agriculture board, agriculture council, or agriculture agency, or ministry of rural development) is a ministry charged with agriculture. The ministry is often headed by a minister ...

(USFS) - Manages about 192.9 million acres of national forests (as of 2018). Although Forest Service holdings are mostly in the West, the USFS also manages about 60% of all federal lands in the

Eastern United States The Eastern United States, commonly referred to as the American East, Eastern America, or simply the East, is the region of the United States to the east of the Mississippi River. In some cases the term may refer to a smaller area or the East C ...

. The fifth largest federal landowner is the

, which owns, leases, or possessed 26.1 million acres worldwide, of which 8.8 million acres are located in the United States (this figure excluded

United States Army Corps of Engineers , colors = , anniversaries = 16 June (Organization Day) , battles = , battles_label = Wars , website = , commander1 = ...

land). DoD thus administers approximately 1% of federal land. DOD land is mostly

military bases A military base is a facility directly owned and operated by or for the military or one of its branches that shelters military equipment and personnel, and facilitates training and operations. A military base always provides accommodations for ...

and reservations. The largest single DOD-owned, all-land tract is the 2.3-million-acre

White Sands Missile Range White Sands Missile Range (WSMR) is a United States Army military testing area and firing range located in the US state of New Mexico. The range was originally established as the White Sands Proving Ground on 9July 1945. White Sands National P ...

New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe, New Mexico, Santa Fe , LargestCity = Albuquerque, New Mexico, Albuquerque , LargestMetro = Albuquerque metropolitan area, Tiguex , Offi ...

. Together, the BLM, FWS, NPS, Forest Service, and DOD manage about 96% of federal land. The remaining 4% of federal land is controlled by other federal agencies, including the United States Army Corps of Engineers, the

Bureau of Reclamation The Bureau of Reclamation, and formerly the United States Reclamation Service, is a federal agency under the U.S. Department of the Interior, which oversees water resource management, specifically as it applies to the oversight and opera ...

, the

United States Postal Service The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the ...

, the

National Aeronautics and Space Administration The National Aeronautics and Space Administration (NASA ) is an independent agency of the US federal government responsible for the civil space program, aeronautics research, and space research. NASA was established in 1958, succeeding ...

, and the U.S. Department of Energy.

Distribution

Federal land is concentrated in the

. 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 Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...

(79.6%); the states with the lowest percentage of land held by the federal government are

Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the ...

and

Iowa Iowa () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wiscon ...

(0.3%).

Primary laws regarding federal lands

Alaska National Interest Lands Conservation Act The Alaska National Interest Lands Conservation Act (ANILCA) is a United States federal law signed by President Jimmy Carter on December 2, 1980. ANILCA provided varying degrees of special protection to over of land, including national parks, n ...

Alaska Native Claims Settlement Act The Alaska Native Claims Settlement Act (ANCSA) was signed into law by President Richard Nixon on December 18, 1971, constituting at the time the largest land claims settlement in United States history. ANCSA was intended to resolve long-standing ...

Endangered Species Act The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of ec ...

( et seq.) *

Federal Land Policy and Management Act of 1976 The Federal Land Policy and Management Act (FLPMA) is a United States federal law that governs the way in which the public lands administered by the Bureau of Land Management are managed. The law was enacted in 1976 by the 94th Congress and is ...

(FLPMA) *Federal Land Transaction Facilitation Act (Baca Act) () * Mineral Leasing Act *

National Environmental Policy Act The National Environmental Policy Act (NEPA) is a United States environmental law that promotes the enhancement of the environment and established the President's Council on Environmental Quality (CEQ). The law was enacted on January 1, 1970.Un ...

(NEPA) *

Omnibus Public Land Management Act The Omnibus Public Land Management Act of 2009 (, ) is a land management law passed in the 111th United States Congress and signed into law by President Barack Obama on March 30, 2009. The bill designates millions of acres in the US as protected an ...

() * Taylor Grazing Act ( et seq.) * Wild and Free-Roaming Horses and Burros Act of 1971

Acquired lands

In the

, acquired lands refer to a category of public lands in federal ownership that were obtained by the

through purchase, condemnation, gift, or exchange.

Legal background

History of federal lands

Primary federal land holders

Distribution

Primary laws regarding federal lands

Acquired lands

See also

References

Further reading