Federal lands are lands in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

owned and managed by the

federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...

. Pursuant to the Property Clause of the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

( 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 series 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 turn on question ...

decisions.Paul Rodgers, ''United States Constitutional Law: An Introduction'' (2011), p. 100-101. In Article I, Section 8, Clause 17 the United States Constitution empowers the federal government with exclusive legislative authority like that exercised for Washington D.C. over "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." Cornell University Law School

Cornell University Legal Information Institute] The federal government manages about of land in the United States, which is about 28% of the total land area of .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 ( or 95 percent area 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, U.S. federal lands. Headquartered in Washington, D.C., the BLM oversees more than of land, or one ...

(BLM),

United States Fish and Wildlife Service The United States Fish and Wildlife Service (USFWS or FWS) is a List of federal agencies in the United States, U.S. federal government agency within the United States Department of the Interior which oversees the management of fish, wildlife, ...

(FWS),

National Park Service The National Park Service (NPS) is an List of federal agencies in the United States, agency of the Federal government of the United States, United States federal government, within the US Department of the Interior. The service manages all List ...

(NPS), or

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

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

United States Department of the Interior The United States Department of the Interior (DOI) is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the management and conservation ...

, while the Forest Service is part of the

United States Department of Agriculture The United States Department of Agriculture (USDA) is an executive department of the United States federal government that aims to meet the needs of commercial farming and livestock food production, promotes agricultural trade and producti ...

. An additional of land (about 2% of all federal land) is managed by the

United States Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an United States federal executive departments, executive department of the federal government of the United States, U.S. federal government charged with coordinating and superv ...

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

Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...

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'' 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 of land held in trust by the federal government for Indian tribes and almost 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 Indian country is any of the self-governing Native American or American Indian communities throughout the United States. Colloquially, this refers to lands governed by federally recognized tribes and state recognized tribes. The concept of tri ...

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 hav ...

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

Thirteen Colonies The Thirteen Colonies were the British colonies on the Atlantic coast of North America which broke away from the British Crown in the American Revolutionary War (1775–1783), and joined to form the United States of America. The Thirteen C ...

ceded to the federal government after the

American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...

. As additional lands were acquired by the United States from

Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

, Native American Nations and other countries, the

United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...

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 Great Britain, also known as the Kingdom of Great Britain, was a sovereign state in Western Europe from 1707 to the end of 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, which united the Kingd ...

, 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. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...

. 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

United States General Land Office The General Land Office (GLO) was an Independent agencies of the United States government, independent agency of the United States government responsible for Public domain (land), public domain lands in the United States. It was created in 1812 ...

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 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 , 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 of 1877, have since been repealed or superseded. Between 1781 and 2018, the federal government divested itself of estimated 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 branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...

to manage activities on the remaining public lands. The Mineral Leasing Act of 1920 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 Chemical element, elements, chiefly hydrogen, sulfur, oxygen, and nitrogen. Coal i ...

, oil, gas, and

sodium Sodium is a chemical element; it has Symbol (chemistry), symbol Na (from Neo-Latin ) and atomic number 11. It is a soft, silvery-white, highly reactive metal. Sodium is an alkali metal, being in group 1 element, group 1 of the peri ...

to take place on public lands. The Taylor Grazing Act of 1934 established the

United States Grazing Service The United States Grazing Service (USGS) was established in 1934 as part of the Taylor Grazing Act. This act was designed to control the destruction of public land due to overgrazing, which had become a problem across western states like Color ...

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 (YM) 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, hotel room reservat ...

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

Western United States The Western United States (also called the American West, the Western States, the Far West, the Western territories, and the West) is List of regions of the United States, census regions United States Census Bureau. As American settlement i ...

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 to ). 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 ) and in the 11 contiguous states of the West (a 3% decrease in federal land, or ).

Primary federal land holders

The four primary federal land holders are: *

Department of the Interior The United States Department of the Interior (DOI) is an executive department of the U.S. federal government responsible for the management and conservation of most federal lands and natural resources. It also administers programs relatin ...

(BLM) - The agency was formed in 1946 from the consolidation of the Grazing Service and the General Land Office. BLM manages about 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 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 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 nature park designated for conservation (ethic), conservation purposes because of unparalleled national natural, historic, or cultural significance. It is an area of natural, semi-natural, or developed land that is protecte ...

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 sp ...

, national historic site, national recreation area, and

national battlefield National Military Park, National Battlefield, National Battlefield Park, and National Battlefield Site are four designations for 25 battle sites preserved by the United States federal government because of their national importance. The designat ...

. *

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 f ...

(USFS) - Manages about 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, often abbreviated as simply the East, is a macroregion of the United States located to the east of the Mississippi River. It includes 17–26 states and Washington, D.C., the national capital. As of 2011, the Eastern ...

. The fifth largest federal landowner is the

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

United States Army Corps of Engineers The United States Army Corps of Engineers (USACE) is the military engineering branch of the United States Army. A direct reporting unit (DRU), it has three primary mission areas: Engineer Regiment, military construction, and civil wo ...

land). DoD thus administers approximately 1% of federal land. DOD land is mostly military bases 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 in 1941 as the Alamogordo Bombing and Gunnery Range, where the Trinity t ...

New Mexico New Mexico is a state in the Southwestern United States, Southwestern region of the United States. It is one of the Mountain States of the southern Rocky Mountains, sharing the Four Corners region with Utah, Colorado, and Arizona. It also ...

. 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, formerly the United States Reclamation Service, is a List of United States federal agencies, federal agency under the U.S. Department of the Interior, which oversees water resource management, specifically as it ...

, the

United States Postal Service The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or simply the Postal Service, is an independent agencies of the United States government, independent agency of the executive branch of the federal governmen ...

, 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 United States's civil space program, aeronautics research and space research. Established in 1958, it su ...

, and the

U.S. Department of Energy The United States Department of Energy (DOE) is an executive department of the U.S. federal government that oversees U.S. national energy policy and energy production, the research and development of nuclear power, the military's nuclear we ...

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 Contiguity or contiguous may refer to: *Contiguous data storage, in computer science *Contiguity (probability theory) *Contiguity (psychology) *Contiguous distribution of species, in biogeography *Geographic contiguity Geographic contiguity is t ...

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 landlocked state in the Western United States. It borders Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the seventh-most extensive, th ...

(80.1%); the states with the lowest percentage of land held by the federal government are

Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...

and

Iowa Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...

(0.3%).

Primary laws regarding federal lands

* Alaska National Interest Lands Conservation Act *

Alaska Native Claims Settlement Act The Alaska Native Claims Settlement Act (ANCSA) was signed into law by U.S. President, President Richard Nixon on December 18, 1971, constituting what is still the largest land claims settlement in United States history. ANCSA was intended to reso ...

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

( 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 designed to promote the enhancement of the environment. It created new laws requiring U.S. federal government agencies to evaluate the environmental impacts of ...

(NEPA) * Omnibus Public Land Management Act () * Taylor Grazing Act ( et seq.) * Wild and Free-Roaming Horses and Burros Act of 1971

Acquired lands

In the United States, acquired lands refer to a category of public lands under federal management that were obtained by the

through purchase, condemnation, gift, or exchange.

Uses

In the United States, federal lands are often used for

environmental conservation Environmental conservation may refer to: * Environmental protection * Nature conservation {{disambiguation ...

. The administration of Joe Biden turned into

protected area Protected areas or conservation areas are locations which receive protection because of their recognized natural or cultural values. Protected areas are those areas in which human presence or the exploitation of natural resources (e.g. firewood ...

s 12.5 million acres in 2023 alone.