The Federal Land Policy and Management Act (FLPMA) is a
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
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. Headquartered in Washington DC, and with oversight over , it governs one eighth of the country's la ...
are managed. The law was enacted in 1976 by the
94th Congress and is found in the
United States Code
In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
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 th ...
.
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 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 regulate federal l ...
. The public influenced representatives in the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
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 and the commission's findings have been given credit for introducing ideas that would eventually lead to FLPMA. The
Public Land Law Review Commission 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 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 of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
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. Headquartered in Washington DC, and with oversight over , it governs one eighth of the country's la ...
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. Headquartered in Washington DC, and with oversight over , it governs one eighth of the country's la ...
in the
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 mana ...
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. O ...
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. Headquartered in Washington DC, and with oversight over , it governs one eighth of the country's la ...
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 of the U.S. Department of Agriculture that administers the nation's 154 national forests and 20 national grasslands. The Forest Service manages of land. Major divisions of the agency in ...
,
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 propertie ...
, 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. Headquartered in Washington DC, and with oversight over , it governs one eighth of the country's la ...
, 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 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. More specifically, the goals ...
, 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 plural), are natural environments on Earth that have not been significantly modified by human activity or any nonurbanized land not under extensive agricultural cultivation. The term has traditionally re ...
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 plural), are natural environments on Earth that have not been significantly modified by human activity or any nonurbanized land not under extensive agricultural cultivation. The term has traditionally re ...
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 a ...
. 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 federally managed wilderness areas designated for preservation in their natural condition. Activity on formally designated wilderness areas is coordinated by the Na ...
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 (September 2016)archive
{{Authority control
1976 in the environment
1976 in law
United States federal public land legislation