Public Land Law Research Articles

Federal Public Land and Resources Law

Federal Public Land and Resources Law

The Cypress Lumber Industry of the Old Southwest and Public Land Law, 1803-1850

The Cypress Lumber Industry of the Old Southwest and Public Land Law, 1803-1850

The Public Trust Totem in Public Land Law: Ineffective - and Undesirable - Judicial Intervention

The Public Trust Totem in Public Land Law: Ineffective - and Undesirable - Judicial Intervention

Property Rights, Nineteenth-Century Federal Timber Policy, and the Conservation Movement

In campaigning for the establishment of the National Forests in the late nineteenth century, conservationists pointed to fraud and timber theft in the Pacific Northwest. In this paper we argue that the conservationists were misdirected; that it was a costly Federal land policy that encouraged fraud and theft. In the face of restrictive land laws, fraud was necessary if lumber companies were to acquire large tracts of land to take advantage of economies of scale in logging. Since fraud used real resources, it raised the actual cost of acquiring land and thus delayed the establishment of property rights. Such delays led to theft. The paper examines the public land laws, explains their selection by claimants, and calculates the added transaction costs or rent dissipation that resulted from circumventing the law.“Government control of cutting on all timberland, private as well as public, is still today, as it was then, the one most indispensable step toward assuring a supply of forest products for the future in the United States.”

National materials policy : (Proceedings of a joint meeting of the National Academy of Sciences-National Academy of Engineering) National Academy of Sciences, 2101 Constitution Avenue, Washington DC 20418 (Printing and publishing office) (1975) 215 pp, $8.25

The only federal statute in existence that directly states a materials is the National Materials Policy Act of 1970.1 That Act is thought of by some as merely establishing the National Commission on Materials Policy and setting forth the prescription for its work. But the Act does more than that. Section 202 of the Act states: It is the purpose of this title to enhance environmental quality and conserve materials. . This clause speaks directly and clearly in establishing within those terms the national materials policy of the United States. There is recent precedent for a practice by the Congress, in passing legislation establishing a policy study commission, to announce in advance, at least in essence, what the national policy shall be, even though the result may seem incongruous. The Congress, in establishing the Public Land Law Review Commission in 1964, declared at the same time what the basic public land policy would be: It is hereby declared to be the policy of Congress that the public lands of the United States shall be (a) retained and managed or (b) disposed of, all in a manner to provide the maximum benefit for the general public.2 Unless and until this declaration is repealed or superseded, it remains the paramount public land policy of the United States, superseding any previous declarations of contrary or seemingly contrary intent, such as that contained in section 1 of the Taylor Grazing Act.3

Stephen J. Field and Public Land Law Development in California, 1850-1866: A Case Study of Judicial Resource Allocation in Nineteenth-Century America

The landmarks of California resource law were laid down within the turbulent context of “the stampede of 1849 and subsequent years.” From all over the world men came to seek fortune in that “glorious country,” fully expecting government “to use its resources positively to enlarge their opportunities.” But federal policy was in a state of flux when gold was discovered on the public domain. Before 1846 mineral lands had been reserved from sale or pre-emption; federal authorities had attempted simultaneously to expedite development and to raise revenue through a complex set of leasing and regulatory arrangements with private firms. Several factors had impeded effective administration of the program, however, and in 1846 lead, copper, and iron lands had become subject to public sale. The discovery of gold in California, then, found the federal government without an applicable policy and “at a loss for knowledge as how to act.” Public sale of gold-bearing tracts was impossible, given the time necessary for survey and classification. A handful of federal officials did submit—and even tried to secretly impose— various plans for reviving some form of federal intervention. But Californians made it clear that they would stubbornly resist any program likely to forestall rapid exploitation of the public domain, and widespread recognition of the difficulties inherent in administering any policy that would conflict with local interests led to congressional unwillingness to take any action until 1866. In the interim, the State of California deemed it advantageous to take the situation “precisely as it finds it…. It looks to the fact that the General Government permits [miners] to trespass on the public domain without complaint … [and] the State is not the steward, nor bailiff, of the General Government, having in charge the protection of the public property.?

Implications of PLLRC Tax Recommendations for Federal Hydro Projects and Power Facilities

T HE PUBLIC LAND LAW REVIEW Commission (hereinafter referred to as PLLRC) was established by a special act of Congress on September 19, 1964.1 It was directed to make a comprehensive review of the public land laws, rules and regulations, to study the policies and practices of the federal agencies charged with administrative jurisdiction over (public) lands, and to recommend necessary revisions. The Commission's landmark report included a discussion of the problem of revenue sharing and payments in lieu of taxes on federal property, together with three related recommendations.2 These recommendations are summarized as fol-

Uranium and Its Future Role in National Energy Requirements: ABSTRACT

This paper is addressed generally to the use of uranium as an energy source for our future national energy requirements. It deals in part with the problem areas of; recent and pending legislation in the fields of health and safety, environment, public land laws, exploration, production, lead time between start of exploration and production of yellow cake, industry slippage, intervenors, and the effect of all of these on planning for the future. Uranium will play an important role not only in our future national energy requirements, but also in our balance of payments and national security. End_of_Article - Last_Page 791------------

One Third of the Nation's Land: A Report to the President and to the Congress by the Public Land Law Review Commission

Journal Article One Third of the Nation's Land: A Report to the President and to the Congress by the Public Land Law Review Commission Get access One Third of the Nation's Land: A Report to the President and to the Congress by the Public Land Law Review Commission. (Washington, D.C.: 1970. xiii, 342 p. Illustrations, photographs, appendices, index, Public Lands Map folded in report.) Vernon Carstensen Vernon Carstensen University of Washington Search for other works by this author on: Oxford Academic Google Scholar Western Historical Quarterly, Volume 2, Issue 1, January 1971, Pages 61–62, https://doi.org/10.2307/967678 Published: 01 January 1971

Review: History of Public Land Law Development, by Paul W. Gates and Robert W. Swenson

Review: <i>History of Public Land Law Development</i>, by Paul W. Gates and Robert W. Swenson

History of Public Land Law Development

History of Public Land Law Development

A Progress Report on the Public Land Law Review Commission

A Progress Report on the Public Land Law Review Commission

History of Public Land Law Development

History of Public Land Law Development

HISTORY OF PUBLIC LAND LAW DEVELOPMENT. By Paul W. Gates, with a chapter by Robert W. Swenson. Written for the Public Land Law Review Commission. (Washington: Government Printing Office, 1968. 828 pp. Notes, bibliography, appendixes, index. $8.25.) THE LAND OFFICE BUSINESS: THE SETTLEMENT AND ADMINISTRATION OF AMERICAN PUBLIC LANDS, 1789-1837. By Malcolm Rohrbough. (New York: Oxford University Press, 1968. 321

Previous articleNext article No AccessBooksHISTORY OF PUBLIC LAND LAW DEVELOPMENT. By Paul W. Gates, with a chapter by Robert W. Swenson. Written for the Public Land Law Review Commission. (Washington: Government Printing Office, 1968. 828 pp. Notes, bibliography, appendixes, index. $8.25.) THE LAND OFFICE BUSINESS: THE SETTLEMENT AND ADMINISTRATION OF AMERICAN PUBLIC LANDS, 1789-1837. By Malcolm Rohrbough. (New York: Oxford University Press, 1968. 321 pp. Maps, notes, bibliography, index. $8.75.)Marion ClawsonMarion Clawson Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Volume 13, Number 1-2April-July 1969 Published for the American Society for Environmental History and the Forest History Society Article DOIhttps://doi.org/10.2307/4004082 Journal History This article was published in the Forest History Newsletter (1957-1974), which was continued by the Journal of Forest History (1974-1989). © 1969 Forest History Society, Inc. All rights reserved.PDF download Crossref reports no articles citing this article.

Public Lands and Tax Policy

T HE elements of tax policy which I propose to discuss in this paper center around the issues and problems raised by the immunity of federal lands to state and local taxation, and the revenue-sharing and payments-in-lieu-of-tax systems used by the federal government to offset or partially offset this tax loss. These problems and issues were considered important enough for the Public Land Law Review Commission to decide early in the formulation of its study program to treat them separately through a study designed to identify, among other things, the impact of federal lands on state and local finance.

The Public Lands and the Public Land Law Review Commission

The Public Lands and the Public Land Law Review Commission

Water Resources Site Preservation on Federal Lands

The Bureau of Reclamation, Federal Power Commission, and Geological Survey preserve water resources sites. Through cooperative procedures of these agencies and the land management agencies, Federal lands designated as being valuable for water power or reservoir sites are managed to forestall undesirable encumbrances, yet allow many interim uses without destroying site values. These designated sites are acquired for water development either through Congressional approval of projects to occupy them or through operation of public land laws. Site preservation procedures serve to protect a limited resource and to retain control of advantages derived; and such operations are beneficial to all organizations developing water resources, whether Federal or not.

Range Conservation and the Public Land Laws

Journal Article Range Conservation and the Public Land Laws Get access none none Search for other works by this author on: Oxford Academic Google Scholar Journal of Forestry, Volume 34, Issue 11, November 1936, Pages 957–961, https://doi.org/10.1093/jof/34.11.957 Published: 01 November 1936

Study of Public Land Law in the Western Law Schools

Study of Public Land Law in the Western Law Schools

The Study of Public Land Law in the Western Law Schools

The Study of Public Land Law in the Western Law Schools