The Federal Land Policy and Management Act (FLPMA) is a
United States federal law
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...
that governs the way in which the public lands 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 ...
are managed. The law was enacted in 1976 by the
94th Congress
The 94th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from January 3, 197 ...
and is found in the
United States Code
The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It ...
under
Title 43. The Federal Land Policy and Management Act phased out homesteading in the United States by repealing the pre-existing
Homestead Acts
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 t ...
.
Background
Multiple factors led to the passing of the Federal Land Policy Management Act of 1976. Public opinion and attitude towards natural land had shifted, with more people wanting to preserve and protect
federal lands
Federal lands are lands in the United States owned and managed by the federal government. Pursuant to the Property Clause of the United States Constitution ( Article 4, section 3, clause 2), Congress has the power to retain, buy, sell, and regu ...
. The public influenced representatives in the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
and the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
to create an act that would change how federal lands were overseen, transitioning from little management to intense land management. The work of the
Public Land Law Review Commission The Public Land Law Review Commission (PLLRC) was wikt:establish, established on in order to review Federal government of the United States, federal public Land Laws, land laws and regulations of the United States and to recommend a public land pol ...
and the commission's findings have been given credit for introducing ideas that would eventually lead to FLPMA. The
Public Land Law Review Commission The Public Land Law Review Commission (PLLRC) was wikt:establish, established on in order to review Federal government of the United States, federal public Land Laws, land laws and regulations of the United States and to recommend a public land pol ...
reviewed legislation regarding federal land, deducing which laws were outdated, unnecessary, and needed to be revised. The numerous laws that the
Public Land Law Review Commission The Public Land Law Review Commission (PLLRC) was wikt:establish, established on in order to review Federal government of the United States, federal public Land Laws, land laws and regulations of the United States and to recommend a public land pol ...
found to be inefficient combined with the public's desire for better federal land management motivated 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, ...
to pass the FLPMA.
Overview of the Federal Land Policy and Management Act
The FLPMA changed the way that the federal government managed lands and the resources on those lands by providing 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 ...
more control over the acquisition and disposal of land and by creating a detailed plan that analyzed the environmental concerns of federal land. The act greatly increased the power of 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 ...
in the
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 ...
to acquire and dispose of federal land.
[Comay, Laura B., Crafton, R. Elliot, Hoover, Katie, Vincent, Carol Hardy. "Federal Land Ownership: Current Acquisition and Disposal Authorities." (2007).] The FLPMA required a plan to be created for land to determine the environmental value of that land and if it could be designated for public use.
The plan would detail the environmental concerns of the land, requiring that three factors be upheld:
# The land must be managed in a way that protects the integrity of the
natural resource
Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest, and cultural value. ...
s and cultural or historical artifacts found on the land.
# Segments of the land that were deemed to be in danger or vital had to be protected.
# Any sections of the land that had environmental significance be established.
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 ...
had to follow these requirements when making any decisions regarding the management of federal land that was intended for public use.
Congress recognized the value of the public lands, declaring that these lands would remain in public ownership. The
National Forest Service
The United States Forest Service (USFS) is an agency within the U.S. Department of Agriculture. It administers the nation's 154 national forests and 20 national grasslands covering of land. The major divisions of the agency are the Chief's ...
,
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 ...
, and now, 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 ...
, are commissioned in FLPMA to allow a variety of uses on their land (of greater concern for the BLM, who is the least restrictive in terms of uses) while simultaneously trying to preserve the natural resources in them. This concept is best summarized by the term 'multiple-use.' 'Multiple use' is defined in the Act as "management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people." FLPMA addresses topics such as
land-use planning
Land use planning or ''Land-use regulation'' is the process of regulating the use of land by a central authority. Usually, this is done to promote more desirable social and environmental outcomes as well as a more efficient use of resources. ...
, land acquisition, fees and payments, administration of federal land, range management, and right-of-ways on federal land. FLPMA has specific objectives and time frames in which to accomplish these objectives, giving it more authority and eliminating the uncertainty surrounding the BLM's role in wilderness designation and management.
Parts of FLPMA relating specifically to
Wilderness
Wilderness or wildlands (usually in the plurale tantum, plural) are Earth, Earth's natural environments that have not been significantly modified by human impact on the environment, human activity, or any urbanization, nonurbanized land not u ...
are found i
Subchapter VI Designated Management Areas (§§ 1781 to 1787)unde
43 U.S. Code § 1782 - Bureau of Land Management Wilderness Study Here, the BLM is also given a mandate to recommend areas for designation as Wilderness and are given 15 years to do so. The BLM is to conduct studies, classifying areas as
Wilderness Study Areas. These areas are not official
Wilderness
Wilderness or wildlands (usually in the plurale tantum, plural) are Earth, Earth's natural environments that have not been significantly modified by human impact on the environment, human activity, or any urbanization, nonurbanized land not u ...
areas but are, for all intents and purposes, treated as such until formally designated as Wilderness or released by
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 ...
. Approximately 8.8 million acres of BLM wilderness are currently included in the
National Wilderness Preservation System
The National Wilderness Preservation System (NWPS) of the United States protects federal government of the United States, federally managed Wilderness, wilderness areas designated for preservation in their natural condition. Activity on formally ...
as a result of the wilderness reviews mandated by FLPMA. Those ordered to implement policies from FLPMA are trained government employees using guidelines expressly stated within the act itself.
References and note
External links
The Federal Land Policy and Management Act of 1976, As Amended (March 2018)BLM website
{{Authority control
1976 in American law
1976 in the environment
United States federal public land legislation
94th United States Congress