
Environmental Encyclopedia 3
Federal Land Policy and Management Act (1976)
As passed, FLPMA dealt with four general issue areas:
1) the organic act sections, giving the BLM authority and
direction for managing the lands under its control; 2) grazing
policy; 3) preservation policy; and 4) mining policy. The act
begins by stating that these lands will remain in public
ownership: “The Congress declares that it is the policy of
the United States that...the public lands be retained in public
ownership.” This represented the true, final closing of the
public domain; the federal government would retain the vast
majority of these lands. To underscore this point, FLPMA
repealed hundreds of laws dealing with the public lands that
were no longer relevant. The BLM, under the authority of
the Secretary of the Interior, was authorized to manage these
lands for multiple use and sustained yield and was required
to develop
land use
plans and resource inventories for the
lands based on long-range planning. A director of the BLM
was to be appointed by the President, subject to confirmation
by the Senate.
FLPMA limited the withdrawal authority of the Sec-
retary, often used to close lands to mineral development or
to protect them for other environmental reasons, by repealing
many of the sources of this authority and limiting its uses
in other cases. The act allowed for the sale of public lands
under a set of guidelines. In a section of the law that received
much attention, the BLM was authorized to enforce the
law on the lands it managed. The agency was directed to
cooperate with local law enforcement agencies as much as
possible in this task. It was these agencies, and citizens who
lived near BLM lands, who were skeptical of this new BLM
enforcement power. Other important provisions of the law
allowed for the capture, removal, and relocation of wild
horses and burros from BLM lands and authorized the Sec-
retary of the Interior to grant rights-of-way across these
lands for most pipelines and electrical
transmission lines
.
The controversial grazing fee formula in the House
bill, favored by the livestock industry, was dropped in the
conference committee. In its place, FLPMA froze grazing
fees at the 1976 level for one year and directed the Secretaries
of Agriculture and the Interior to undertake a comprehensive
study of the grazing fee issue so that an equitable fee could
be determined. This report was completed in 1977, and
Congress established a statutory fee formula in 1978. That
formula was only binding until 1985, though, and since that
time Congress has debated the grazing fee issue numerous
times, but the issue remains unsettled.
FLPMA also provided that grazing permits be for ten
year periods, and that at least two year notice be given before
permits were cancelled (except in an emergency). At the end
of the ten year lease, if the lands are to remain in grazing,
the current permittee has the first priority on renewing the
lease to those lands. This virtually guarantees a rancher the
use of certain public lands as long as they are to be used for
553
grazing. The permittee is also to receive compensation for
private improvements on public lands if the permit is can-
celled. These provisions, advocated by livestock interests,
further demonstrated their belief, and the belief of their
supporters in Congress, that these grazing permits were a
type of property right. Grazing advisory boards, originally
started after the Taylor Grazing Act but terminated in the
early 1970s, were resurrected. These boards consist of local
grazing permittees in the area, and advise the BLM on the
use of range improvement funds and on allotment manage-
ment plans.
Important provisions regarding the preservation of
BLM lands were also included in FLPMA. BLM lands
were not covered in the
Wilderness Act
of 1964, and
FLPMA dealt with this omission by directing that these
lands be reviewed for potential
wilderness
designation, and
that recommendations be made by the agency of which
lands should be designated as wilderness. These designations
would then be acted upon by Congress. This process is
well underway. As has been the case with additions to the
National Wilderness Preservation System on
national for-
est
lands since RARE II, BLM wilderness designation is
being considered on a state-by-state basis. Thus far, a com-
prehensive wilderness designation law has only been passed
for Arizona and California. Recent controversy has centered
over the designation of wilderness in Utah.
FLPMA established a special California Desert Con-
servation Area, and directed the BLM to study this area
and develop a long-range plan for its management. In 1994,
after eight years of consideration, Congress passed the Cali-
fornia Desert Protection Act. Senator Dianne Feinstein of
California played the major role in guiding the legislation
to passage, including overcoming an opposition-led filibuster
against the act in October. The act, which included a number
of compromises with desert users, established two new na-
tional parks and a new national preserve as well as designat-
ing approximately 7.5 million acres (3 million ha) of Califor-
nia desert as wilderness (in the two parks, the preserve, and
nearly 70 new wilderness areas). The new national parks
were created by enlarging and upgrading the existing Death
Valley and Joshua Tree National Monuments. The Mojave
National Preserve was originally to be a third
national park
in the desert, but its status was reduced to a national preserve
to allow continued
hunting
, a compromise that helped gain
further support for the bill. This law protected more wilder-
ness than any law since the 1980 Alaska Lands Act. The
following year, however, there was a move to alter these
provisions. As part of the 1996 fiscal year Interior Appropria-
tions bill, Congress directed that the BLM—not the Na-
tional Park Service—manage the new Mojave National Pre-
serve. According to Republican supporters, the BLM would
allow for more use of the land. President Clinton vetoed