Study of Land Acquisitions and Exchanges Related to Retention and Management Or Disposition of the Federal Public Lands


Book Description

"The purpose of this study is to provide a comprehensive description and analysis of the existing system of laws, legislative policies and practices providing for the enlargement, adjustment or diminution of the federal land base through either direct acquisitions or exchanges. The study concentrates upon those federal agencies whose land acquisition activities most directly relate to the federal lands studied by the Public Land Law Review Commission, namely, the Bureau of Land Management, the National Park Service, the Bureau of Sport Fisheries and Wildlife, and the Forest Service. ... The study reveals that acquisitions are carried out under a myriad of different statutes, enacted at widely different times under diverse circumstances with little uniformity of authority or results among the agencies"--Page S-1.




One Third of the Nation's Land


Book Description







Devils Hole Pupfish


Book Description

Cyprinodon diabolis, or Devils Hole pupfish: a one-inch-long, iridescent blue fish whose only natural habitat is a ten-by-sixty-foot pool near Death Valley, on the Nevada-California border. The rarest fish in the world. As concern for the future of biodiversity mounts, Devils Hole Pupfish asks how a tiny blue fish—confined to a single, narrow aquifer on the edge of Death Valley National Park in Nevada’s Amargosa Desert—has managed to survive despite numerous grave threats. For decades, the pupfish has been the subject of heated debate between environmentalists intent on protecting it from extinction and ranchers and developers in the region who need the aquifer’s water to support their livelihoods. Drawing on archival detective work, interviews, and a deep familiarity with the landscape of the surrounding Amargosa Desert, author Kevin C. Brown shows how the seemingly isolated Devils Hole pupfish has persisted through its relationships with some of the West’s most important institutions: federal land management policy, western water law, ecological sciences, and the administration of endangered-species legislation. The history of this entanglement between people and the pupfish makes its story unique. The species was singled out for protection by the National Park Service, made one of the first “listed” endangered species, and became one of the first controversial animals of the modern environmental era, with one bumper sticker circulating in Nevada in the early 1970s reading “Save the Pupfish,” while another read “Kill the Pupfish.” But the story of the pupfish should be considered for more than its peculiarity. Moreover, Devils Hole Pupfish explores the pupfish’s journey through modern American history and offers lessons for anyone looking to better understand the politics of water in southern Nevada, the operation of the Endangered Species Act, or the science surrounding desert ecosystems.




Federal Land Ownership


Book Description

The federal government owns roughly 640 million acres, about 28% of the 2.27 billion acres of land in the United States. Four agencies administer 608.9 million acres of this land: the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI), and the Forest Service (FS) in the Department of Agriculture. Most of these lands are in the West and Alaska. In addition, the Department of Defense administers 14.4 million acres in the United States consisting of military bases, training ranges, and more. Numerous other agencies administer the remaining federal acreage. The lands administered by the four land agencies are managed for many purposes, primarily related to preservation, recreation, and development of natural resources. Yet each of these agencies has distinct responsibilities. The BLM manages 247.3 million acres of public land and administers about 700 million acres of federal subsurface mineral estate throughout the nation. The BLM has a multiple-use, sustained-yield mandate that supports a variety of uses and programs, including energy development, recreation, grazing, wild horses and burros, and conservation. The FS manages 192.9 million acres also for multiple uses and sustained yields of various products and services, including timber harvesting, recreation, grazing, watershed protection, and fish and wildlife habitats. Most of the FS lands are designated national forests. Wildfire protection is increasingly important for both agencies. The FWS manages 89.1 million acres of the total, primarily to conserve and protect animals and plants. The National Wildlife Refuge System includes wildlife refuges, waterfowl production areas, and wildlife coordination units. The NPS manages 79.6 million acres in 401 diverse units to conserve lands and resources and make them available for public use. Activities that harvest or remove resources generally are prohibited. Federal land ownership is concentrated in the West. Specifically, 61.2% of Alaska is federally owned, as is 46.9% of the 11 coterminous western states. By contrast, the federal government owns 4.0% of lands in the other states. This western concentration has contributed to a higher degree of controversy over land ownership and use in that part of the country. Throughout America's history, federal land laws have reflected two visions: keeping some lands in federal ownership while disposing of others. From the earliest days, there has been conflict between these two visions. During the 19th century, many laws encouraged settlement of the West through federal land disposal. Mostly in the 20th century, emphasis shifted to retention of federal lands. Congress has provided varying land acquisition and disposal authorities to the agencies, ranging from restricted to broad. As a result of acquisitions and disposals, federal land ownership by the five agencies has declined by 23.5 million acres since 1990, from 646.9 million acres to 623.3 million acres. Much of the decline is attributable to BLM land disposals in Alaska and also reductions in DOD land. Numerous issues affecting federal land management are before Congress. They include the extent of federal ownership, and whether to decrease, maintain, or increase the amount of federal holdings; the condition of currently owned federal infrastructure and lands, and the priority of their maintenance versus new acquisitions; the optimal balance between land use and protection, and whether federal lands should be managed primarily to benefit the nation as a whole or instead to benefit the localities and states; and border control on federal lands along the southwest border.




Study of Land Acquisitions and Exchanges Related to Retention and Management Or Disposition of the Federal Public Lands


Book Description

"The purpose of this study is to provide a comprehensive description and analysis of the existing system of laws, legislative policies and practices providing for the enlargement, adjustment or diminution of the federal land base through either direct acquisitions or exchanges. The study concentrates upon those federal agencies whose land acquisition activities most directly relate to the federal lands studied by the Public Land Law Review Commission, namely, the Bureau of Land Management, the National Park Service, the Bureau of Sport Fisheries and Wildlife, and the Forest Service. ... The study reveals that acquisitions are carried out under a myriad of different statutes, enacted at widely different times under diverse circumstances with little uniformity of authority or results among the agencies"--Page S-1.










Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.