Federal Lands

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Federal Lands
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Government Production of Goods and the Provision
of Services

• Public
• Private
• 1 Under coercion
• Regulation
• Financial Incentive taxation, loan,
  infrastructure construction (water treatments,
  sewers, roads)
• 2 Without any coercion free market
• There aint no such thing as a free lunch
  (TANSLAAFL)

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Surface Cover in the United States

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Paradigm

• Public lands are not historical accidents
• They represent the outcomes of decisions to
  produce goods and provide services from land
  owned by government

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The Dynamic of Public and Private Lands

• Public lands and private lands represent the ends
  of a spectrum that describe how goods are
  produced and how services are provided
• Decisions about public lands are reflected in the
  decisions about private lands
• Goods produced from the public lands and the
  services provided by public lands represent the
  outcome of several debates about the role and
  responsibility of government 
• Rarely does a session of Congress not enact
  legislation, either to convey or to acquire title
  to a parcel of land
• LexisNexis Congressional

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Federal Lands

• 31.1 of the surface area 703 million acres
  of the United States
• Lands or interest in lands owned by the federal
  government
• Administered by a variety of agencies
• Includes
• Public domain lands never left federal
  ownership or acquired in exchange for public
  domain lands or for the timber on public domain
  lands
• Acquired lands purchased, condemned, donated,
  or exchanged
• Land to which the federal government does not
  possess fee title
• Lands on the Outer Continental Shelf and lands
  held for the benefit of Native are not classed as
  "public land"

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Alienation of Minnesotas Land Surface
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Environmental History
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Federal Lands

• Majority in the West
• Federal government once owned as much as 80 of
  the surface area but disposed of 1.1 billion
  acres to individuals, corporations and states
• Four agencies manage 96 of the federal land
• USDA Forest Service (1905)
• Bureau of Land Management (1946)
• Fish and Wildlife Service (1940)
• National Park Service (1916)
• Each of these possesses its own mission and
  responsibilities for managing the lands
• Each has acquired title to land throughout its
  existence

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Major Uses of Federal Land

• Rural Uses
• National Park System
• National Forests
• National Grasslands
• Wilderness Areas
• National Wildlife Refuges
• Reservoirs

• Urban Uses
• Federal Courthouses
• Customs Immigration Posts
• Federal Reserve Banks
• Post Offices
• Flood Control Structures locks dams
• VA Hospitals
• EPA laboratories
• National Cemeteries
• Federal Buildings in Minnesota (GSA)

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http//www.gao.gov/new.items/rc00052.pdf
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• The Department of the Interior manages 445
  million surface acres, including 56 million acres
  of lands held in trust for American Indians
• Many of these lands are managed as separate
  units, including
• 379 national parks
• 74 national monuments
• 521 wildlife refuges
• 742 dams
• 57,000 buildings
• The Bureau of Land Management
• 264 million acres of land ca. 12 total surface
  area - 40 of all federal lands
• primarily located in the 11 western states and
  Alaska
• Descendant of the General Land Office the
  federal real estate agency 1812-1946

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The Minerals Management Service (Dept of the
Interior)

• 560 million acres of subsurface mineral resources
  throughout the country
• 3 billion acres of Outer Continental Shelf lands
  containing natural gas, oil, and other mineral
  resources
• 42 million acres of the OCS under lease supply
  approximately 27 of the natural gas and
  approximately 20 of the oil produced in the
  United States
• Collects and disburses revenues from such leases
  and onshore mineral leases on Federal and Indian
  lands

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Federal Lands

• Administered by a variety of agencies
• Administered for a variety of purposes
• Acquired at different times and in different ways

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Rural Lands Forests, Parks, Wildlife Refuges
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Military Bases
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Evolution of Federal Land Policy

• 1785-1812 Early attempts to privatize land
• 1812-1946 Privatizing land through the General
  Land Office
• 1812-1862 Land as a source of revenue
• 1862-1935 Land as a subsidy for settlement -
  homestead, railways, etc
• 1872 (1935) 2007 Emergence of the idea to
  retain ownership and reacquire land
• 1872-1911 Yellowstone National Park
• 1891 President given authority to
  set aside forest reserves
• 1911 Forest Service given authority
  to acquire private cutover timberlands
• 1924 Forest Service given additional
  authority to acquire timberlands
• 1946 Bureau of Land Management established to
  manage lands owned by the federal government and
  not reserved
• 1964 Wilderness Act

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Major Legislation

• 1872 Yellowstone National Park (16 USC 21 et seq)
• 1891 Forest Reserve Act
• 1906 Antiquities Act (16 USC 431 et seq)
• 1911 Weeks Act (16 USC 552 note)
• 1916 National Park Service Organic Act (16 USC 1
  note)
• 1924 Clarke-McNary Act (June 7, 1924, ch. 348, 43
  Stat. 653)
• 1934 Taylor Grazing Act (16 USC 315 note)
• 1960 Multiple-Use Sustained-Yield Act of 1960 (16
  USC 528 note)
• 1964 Wilderness Act (16 USC 1131 et seq)
• 1976 Federal Land Policy and Management Act (16
  USC 1701 et seq)

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Sea Changes in Public Policy

• American Indian policy tribes and land they
  occupy
• Privatization of land
• Energy nuclear
• Renewable

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Federal State Jurisdiction

• Minnesota Statutes 1.041 (1943)
• The jurisdiction of the United States over any
  land or other property in this state owned for
  national purposes is concurrent with and subject
  to the jurisdiction and right of the state to
  cause its civil and criminal process to be
  executed there, to punish offenses against its
  laws committed there, and to protect, regulate,
  control, and dispose of any property of the state
  there

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Question of Jurisdiction

• Nowhere comprehensively compiled
• Article 1 Section 8 (Jurisdictional clause)
• The Congress shall have Power to exercise
  exclusive Legislation in all Cases whatsoever,
  over such District (not exceeding ten Miles
  square) as may, by Cession of particular States,
  and the Acceptance of Congress, become the Seat
  of the Government of the United States, and to
  exercise like Authority over all Places purchased
  by the Consent of the Legislature of the State in
  which the Same shall be, for the Erection of
  Forts, Magazines, Arsenals, dock-Yards, and other
  needful Buildings

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Minnesota Statutes 1.042 (1943)

• The  consent of the State of Minnesota is given
  in accordance with the Constitution of the United
  States, Article I, Section 8, Clause 17, to the
  acquisition by the United States in any manner of
  any land or right or interest in land in this
  state required for sites for customs houses,
  courthouses, hospitals, sanitariums, post
  offices, prisons, reformatories, jails, forestry
  depots, supply houses, or offices, aviation
  fields or stations, radio stations, military or
  naval camps, bases, stations, arsenals, depots,
  terminals, cantonments, storage places, target
  ranges, or any other military or naval purpose
  of  the United States

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Minnesota Statutes 1.045 (1943)

• Consent of the State of Minnesota is given to the
  acquisition by the United States in any manner
  authorized by act of Congress of lands lying
  within the original boundaries of the Chippewa
  National Forest and the Superior National Forest
  for any purpose incident to the development or
  maintenance of those forests, subject to
  concurrent jurisdiction of the state and the
  United States

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Ceded but subject to the following conditions
and reservations

• The right of the state to cause its civil and
  criminal process to be executed in any
• ceded land or place 
• The state also reserves the right to impose the
  following taxes
• an income tax on persons residing in the land or
  place or receiving income from transactions
  occurring or services performed there
• a sales or use tax levied on or measured by
  sales, receipts from sales, purchases, storage,
  or use of tangible personal property in the land
  or place
• a tax on personal property situated in the land
  or place, or on the use of personal property by a
  private individual, association, or corporation
  there, except personal property owned by the
  United States or by law exempt from taxation
• a tax on the use of real property within the land
  or place by a private individual, association, or
  corporation

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Minnesota Statutes 1.044 (1943)

• Consent of the State of Minnesota is given to
  the  acquisition by the United States by
  purchase, gift, or lease of the areas of land or
  water, or both, in this state as the United
  States deems necessary to establish the Upper
  Mississippi River Wild Life and Fish Refuge in
  accordance with the act of Congress approved June
  7, 1924, entitled
• "An act to establish the Upper Mississippi River
  Wild Life and Fish Refuge"
• The state reserves full and complete jurisdiction
  and authority over the areas compatible with
  their maintenance and control by the United
  States for the purposes and under the terms of
  that act of Congress

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Piecemeal acquisition of the lands, piecemeal
acquisition of jurisdiction

• Voyageurs National Park
• Federal Legislation (Pub. L. 91661, Jan. 8,
  1971, 84 Stat. 1970 16 USC 160 et seq)
• Minnesota Statutes 84B.061 (Laws 1995 c.124)
• Minnesota Statutes 1.045  (Laws 1995 c.124)

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Boundary Waters Canoe Area Wilderness

• Approximately 1.09 million acres
• Land management unit within the Superior National
  Forest
• Established and management dictated by
• The Wilderness Act of 1964
• The Boundary Waters Canoe Area Wilderness Act of
  1978
• State Owned Surface 122,247 acres
• Trust Fund 93,260 acres
• Tax Forfeit 10,513 acres
• Acquired 18,450 acres
• State Owned Minerals

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National Park Service

• Manages a national park system comprising
• 379 separate units that cover over 80 million
  acres
• 2 million acres of which are privately owned
• approximately 16,000 permanent structures and
• 8,000 miles of roads
• 161,498 urban acres and 72,380,105 rural acres
• National Park legislation 16 USC 1 et seq
• NPS regulations. 36 CFR 1-199
• Court case Edmonds Institute, et al v. Babbit

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Voyageurs National Park

• Contains 218,054 acres - 134,265 acres of land
  and 83,789 acres of water
• Authorized on January 8, 1971 (16 USC 160 et seq)
• The Secretary of the Interior is authorized to
  establish the Voyageurs National Park in the
  State of Minnesota, by publication of notice to
  that effect in the Federal Register at such time
  as the Secretary deems sufficient interests in
  lands or waters have been acquired for
  administration .
• Formally established on April 8 1975 (40 FR
  15921)
• National Park Service Site
• Voyageurs National Park Association
• Snowmobile Restrictions in Voyageurs NP
• Minnesota Statutes 2005
• The Political Geography of National Parks
  (Pacific History Review 2004)

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St Croix Wild Scenic River

• Upper St Croix authorized in Wild Scenic Rivers
  Act of 1968 (16 USC 1271 et seq)
• The Lower St. Croix River added in 1972
• National Park Service Site
• Map
• St Croix Riverway A History of the St. Croix
  (Karamansky, 2002)

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Upper St. Croix

• The segment between the dam near Taylors Falls,
  Minnesota, and the dam near Gordon, Wisconsin,
  and its tributary, the Namekagon, from Lake
  Namekagon downstream to its confluence with the
  Saint Croix
• To be administered by the Secretary of the
  Interior
• No funds may be expended to acquire or develop
  lands in that portion of the Saint Croix River
  between the dam near Taylors Falls, Minnesota,
  and the upstream end of Big Island in Wisconsin,
  until sixty days after the date on which the
  Secretary has transmitted to the President of the
  Senate and Speaker of the House of
  Representatives a proposed cooperative agreement
  between the Northern States Power Company and the
  United States

36
NSP Agreement

• the company agrees to convey to the United
  States, without charge, appropriate interests in
  certain of its lands between the dam near Taylors
  Falls, Minnesota, and the upstream end of Big
  Island in Wisconsin, including the companys
  right, title, and interest to approximately one
  hundred acres per mile
• the company would the lands and interests in the
  lands retains between said points adjacent to the
  river in a manner which shall complement and not
  be inconsistent with the purposes for which the
  lands and interests in land donated by the
  company are administered under this chapter

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Lower Saint Croix, Minnesota and Wisconsin

• The segment between the dam near Taylors Falls
  and its confluence with the Mississippi River
• The upper twenty-seven miles of this river
  segment shall be administered by the Secretary of
  the Interior
• The lower twenty-five miles shall be designated
  by the Secretary upon his approval of an
  application for such designation made by the
  Governors of the State of Minnesota and Wisconsin
  
• The Wild Scenic Lower St. Croix River
  (Minnesota)
• Lower St. Croix National Scenic Riverway
  (Wisconsin)

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Mississippi National River Recreation Area

• Established in 1988 (16 USC 460zz et seq)
• Boundaries enclose about 54,000 acres and 72
  miles of river
• Either side of the Mississippi - from Dayton and
  Ramsey to Hastings
• Only 35 acres are owned by the federal government
  
• Contain the only gorge and waterfall on the main
  course of 2,350 miles of river
• Map

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U.S. Fish and Wildlife Service

• 93,628,302 acres of land
• 5,418 buildings

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US Fish Wildlife Service in Minnesota

• National Wildlife Refuge Legislation
• Upper Mississippi Fish Wildlife Refuge
• Minnesota Valley National Wildlife Refuge
• Minnesota Valley National Wildlife Refuge
  Protection Act of 1999
• Impact of Airport Expansion on the Minnesota
  Valley NWR (House Committee on Resources)

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Wildlife Refuges
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• Refuges are typically set up in two stages
• The Service is provided the authority to create
  the refuge
• Such authority can be provided
• by the Congress, either through specific
  legislation or earmarks in the Services land and
  water fund appropriation
• by the President, through an executive order
• by the Service Director
• At the time a refuge is created, land may or may
  not be associated with it, and its boundaries may
  or may not have been fixed

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• The land is acquired and the refuge is considered
  to be established
• Subsequently, a refuge can be expanded when
  additional land is acquired
• Such an expansion can occur with land acquired
  within the original refuge boundaries or,
  following a decision to extend the boundaries,
  with land acquired outside the original
  boundaries
• Uses two funds to purchase land for establishing
  or expanding refuges
• The Migratory Bird Conservation Fund
• The Land and Water Conservation Fund

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The Migratory Bird Conservation Fund

• Established in 1934 to provide revenue for
  acquiring habitat for migratory birds
• Supported with revenues from a variety of
  sources, such as refuge entrance fees, and does
  not require an annual appropriation
• Monies from this fund are distributed by the
  Migratory Bird Conservation Commission, which is
  made up of four congressional members and the
  heads of three federal agencies
• Three times a year, the Secretary of the Interior
  proposes and the Commission approves acquisitions
  using migratory bird funds

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The Land and Water Conservation Fund

• Established in 1965 to acquire recreation land
• Also supported by several revenue sources, such
  as user fees for outdoor recreation activities
• For expenditures from this fund, the Service
  annually proposes acquisitions for federal
  funding, and the Congress appropriates funds and
  specifies which refuges can be established or
  expanded with land and water funds
• In fiscal year 1999, the Service received about
  65 million from the migratory bird fund and
  about 48 million from the land and water fund to
  acquire refuge land

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• 23 refuges were established fiscal years
  1994-1998
• 8 used federal funds - 4 million from the land
  and water fund.
• No migratory bird funds used
• 15 refuges were established with land that was
  donated, transferred, or exchanged
• Subsequently expanded 20 of the 23 refuges, using
  land and water funds
• totaling 29 million for 14 refuges, and
  donations, transfers, and/or exchanges for the
• remainder
• The Service anticipates seeking another 630
  million in land and water funds to
• continue the expansion of 10 refuges established
  without federal funds

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• The Service can also acquire land for refuges
  through other means
• donations from nonfederal entities
• transfers of land from other federal agencies
• exchanges of federal land parcels for nonfederal
  land parcels
• Generally not required to inform the Congress of
  these acquisitions

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Upper Mississippi River National Wildlife and
Fish Refuge

• Longest refuge extending 261 miles along the
  Mississippi River
• The Upper Mississippi River Wild Life and Fish
  Refuge Act enacted June 7, 1924
• Authorized the Secretary of the Interior to
  acquire land for a refuge between Rock Island,
  Illinois and Wabasha, Minnesota
• Contains approximately 240,000 acres of land and
  water
• Includes land administered by the U.S. Fish and
  Wildlife Service and the U.S. Army Corps of
  Engineers in 19 counties across four states

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• National Wildlife Refuges
• US Fish Wildlife Region 3 Minnesota
• National Wildlife Refuge System Lands Database

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Minnesota Valley National Wildlife Refuge

• Established in 1976 (Pub. L. 94-466, Oct. 8,
  1976, 90 Stat. 1992 16 U.S.C. 668kk et seq)
• The Minnesota National Wildlife Refuge has been
  set out in the table of National Wildlife Refuges
  under section 668dd of this title
• To provide habitat for migratory waterfowl, fish,
  and other wildlife species threatened by
  commercial and industrial development
• Comprises 14,000 acres, stretching for 34 miles
  from Fort Snelling State Park to Jordan,
  Minnesota
• Refuge has eight units, four of which have trails
  and interpretive signs
• The Visitor Center is located in Bloomington, one
  mile east of the Mall of America

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Minnesota Valley National Wildlife Refuge
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Federal Forest Lands
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Public-Private Mix of Landownership
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National Forest System

• National Forests legislation 16 USC Chapter 2
• Superior National Forest
• Boundary Waters Canoe Wilderness Area
• Article (Isaac Walton League)
• Chippewa National Forest
• Roadless Areas
• New rule opens up forests
• Off-highway regulations
• Forest Industry Court Cases
• National Grasslands
• National Trails

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US Army Corps of Engineers

• Provides over 30 percent of the recreational
  opportunities on Federal lands.
• Largest provider of water-based recreation with
  over 25 million individuals visiting a Corps
  project at least once each year
• St Paul District

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The Bureau of Reclamation

• The nations second largest wholesale water
  supplier
• manages 348 reservoirs with a total storage
  capacity of 245 million acre-feet
• delivers 10 trillion gallons of water to more
  than 31 million people each year
• provides 1 out of 5 Western farmers with
  irrigation water for 10 million acres
• producing 60 of the nations vegetables and 25
  of its fruits and nuts
• The fifth largest electric utility in the 17
  western States
• operates 59 hydroelectric power plants averaging
  42 billion kilowatt-hours annually,
• operates 343 dams,
• manages 308 recreation sites visited by 90
  million people a year

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• PILT (Payments in Lieu of Taxes) Somewhat
  Simplified (CRS, 1998)

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• Public lands are not historical accidents
• They represent the outcomes of decisions to
  produce goods and provide services from land
  owned by government