Order Code RS20002
December 22, 1998
CRS Report for Congress
Received through the CRS Web
Federal Land and Resource Management:
A Primer
Coordinated by (name redacted)
1
Natural Resource Economist and Policy Specialist
Environment and Natural Resources Policy Division
Summary
Four federal agencies administer most of the U.S. government’s land. The National
Park Service administers the Park System for recreation use and preservation. The Fish
and Wildlife Service manages wildlife refuges primarily for protecting and improving fish
and wildlife habitats. The Bureau of Land Management manages the public lands for
sustained yields of multiple uses — grazing, recreation, timber, water, and fish and
wildlife. The Forest Service similarly manages the national forests. Most forests and
public lands are also available for mineral exploration and development. Three special
land systems are also administered by these agencies: the Wilderness System, for pre-
serving pristine areas; the Trails System, for non-motorized recreation; and the Wild and
Scenic Rivers System, for river recreation. Congress has also established many special
designations for certain lands. This report summarizes the permitted and prohibited uses
of lands managed by these four agencies, as well as of the many special designations. It
will be updated at the beginning of the 107 Congress. For more detailed information,
th
see CRS Report 98-991,
Federal Land Management Agencies: Background on Land
and Resources Management.
Introduction
Four federal agencies administer most of the 657 million acres of federal land (29%
of the land in the United States): the National Park Service (NPS), the Fish and Wildlife
Service (FWS), and the Bureau of Land Management (BLM) in the Department of the
Interior, and the Forest Service (FS) in the Department of Agriculture. The majority of
the federal lands (92%) are in 12 western states, and the federal government owns more
CRS
1
analysts contributing to this report include: David Whiteman (national park units), M. Lynne
Corn (wildlife refuges), (name redacted) (BLM lands), (name redacted) (national forests and
wilderness), (name redacted) (trails), and (name redacted) (wild and scenic rivers).
Congressional Research Service ˜
The Library of Congress
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than half of the land in those states (54%, ranging from 27% in Washington to 83% in
Nevada).2
The National Park System
The National Park Service (NPS) manages 77 million acres in the 378 units of the
National Park System (also NPS). Many of the largest units are in Alaska (51 million
acres, or 65%), while the remainder are distributed among the other states and territories.
NPS has many diverse categories for its units, with 20 different designations. The largest
units are the national parks, preserves, and monuments.
National Parks. National parks are established to conserve and protect outstanding
natural resources for the enjoyment of current and future generations and are managed to
conserve the natural, historic, and cultural values for which the area was set aside. The
54 full national parks (the crown jewels of the System, such as Yellowstone National Park)
offer a wide range of visitor activities and facilities. Fishing is allowed in most national
parks, but hunting and resource development activities (
e.g., mineral extraction and timber
harvesting) generally are prohibited unless grandfathered or expressly per-mitted in the
park’s authorizing legislation. National parks can only be designated by Acts of Congress.
National Preserves. National preserves, many of which are in Alaska and abut
national parks, are established to protect significant natural resources. These areas may
include unique ecological communities; climax communities; rare wildlife habitat or flora;
or other scientific, geologic or topographic values which contribute to the natural heritage
of the nation. Management of national preserves is generally similar to that of national
parks, but typically allow not only fishing and other recreation allowed in the parks, but
also hunting and mineral extraction, as long as the natural values for which the preserve
was established are not jeopardized. National preserves are also designated by Acts of
Congress.
National Monuments. National monuments are established to preserve specific
natural resources of historic, cultural, or scientific interest, including outstanding geologic
formations (
e.g., unusual caves or dunes) or may include unique ecological communities
and wildlife habitat. The NPS manages 73 national monuments (5 are administered by
other federal agencies) and include a broad range of entities, such as Aniakchak (AK),
Canyon de Chelly (AZ), and Cabrillo de San Marcos (FL). Permitted and prohibited uses
in national monuments are largely the same as in the national parks: many recreation uses
are allowed, although hunting may be restricted or forbidden. Wood cutting and most
commercial activities are usually curtailed (but mineral extraction may be allowed).
National monuments may be established by an Act of Congress, although most have been
established by presidential proclamation under the authority of the 1906 Antiquities Act.
In addition to these categories, the NPS has numerous other designations, including:
national battlefields, historic sites, national seashores and lakeshores, and more. The NPS
also administers 19 national recreation areas (NRAs), while 19 are administered by the FS,
one by the BLM, and one by the Tennessee Valley Authority. NRAs are principally
2Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming.
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designated by Acts of Congress, but some have been identified administratively. Rec-
reation is the dominant use, but each NRA is unique, tailored to the characteristics of the
area, the management philosophy of the administering agency, and directions from Con-
gress. Other uses may be allowed in NRAs — including recovery of timber or mineral
resources, livestock grazing, watershed protection, and resource preservation — as long
as these uses are compatible with the primary purpose for which the area was set aside.
The National Wildlife Refuge System
The Fish and Wildlife Service (FWS) manages 93 million acres in 512 national wild-
life refuges, 198 waterfowl production areas, 50 wildlife coordination areas, and 114 other
sites. FWS manages lands in every state and several territories, but 77 million acres (83%)
of the National Wildlife Refuge System (NWRS) are in Alaska. The President can
establish new NWRS units, but a few have been created by Congress with specific pur-
poses for those units identified in law. Most are established by FWS under general land
acquisition authorities, especially the Migratory Bird Treaty Act.
The National Wildlife Refuge System Administration Act of 1966 and the National
Wildlife Refuge System Improvement Act of 1997 direct the FWS to administer the
System primarily to conserve and enhance fish and wildlife and their habitats. Only uses
compatible with these general purposes, and with any specific individual purposes set out
for each refuge, are permitted. Exceptions to the primacy of conserving plant and animal
life and habitat occur chiefly due to pre-existing uses or rights (especially for minerals),
and to special conditions established in the specific law creating the refuge. For example,
grazing and mineral activities are permitted in certain refuges and under certain circum-
stances; hunting, fishing, and other recreational uses generally are permitted in wildlife
refuges.
The Public Lands [Bureau of Land Management]
The BLM administers 264 million acres concentrated in 11 western states: Alaska,
Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, and
Wyoming. The federal government acquired most of these lands from the original states
or in purchases or treaties with foreign nations. Initially, most of the lands were expected
to be transferred to the states and the private sector. However, some of these public
domain lands were reserved from the earliest years of the nation for various purposes
(including creating the three systems described above).3 The Taylor Grazing Act of 1934
provided for management of the remaining lands, and the Federal Land Policy and Man-
agement Act of 1976 (FLPMA) stipulated that the remaining lands generally be retained
in federal ownership, and defined them as “public lands.” BLM also manages 2.6 million
acres of heavily-timbered, revested Oregon and California (O&C) railroad grant lands in
western Oregon.
Congress has provided uniform, general guidance for most public lands. BLM man-
ages the public lands for sustained yields of multiple uses — livestock grazing, outdoor
recreation, wood production, water supply, wildlife and fish habitats, and wilderness;
See
3
CRS Report 98-36 ENR,
Federal Land Ownership: Constitutional Authority and the History
of Acquisition, Disposal, and Retention.
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mineral extraction also is allowed. BL
4
M prepares resource management plans, primarily
under the provisions of FLPMA. (The O&C lands are also subject to the 1937 O&C Act.)
In addition, BLM administers all onshore mineral resources of the federal estate, regard-
less of surface management or ownership.
The National Forest System
The Forest Service (FS) manages the 192 million-acre National Forest System (NFS),
consisting of 155 national forests, 20 national grasslands, and 112 other areas. NFS lands
are concentrated in the West, but the FS manages more than half of all federal land in the
East.
Congress has provided uniform, general management guidance for most NFS lands.
As with the public lands, NFS lands generally are administered for sustained yields of
multiple uses. The FS decides on permitted levels and locations of the uses in land and
resource management plans that are prepared by interdisciplinary teams under the pro-
visions of the National Forest Management Act of 1976 and other laws.5 Plans must be
revised at least every 15 years, and the agency is proceeding with revisions of the initial
management plans.
Special Systems
Three special management systems have been created to protect particular features
or characteristics: the National Wilderness Preservation System, the National Trails Sys-
tem, and the National Wild and Scenic Rivers System. The units of these systems can be
on one or more agency's lands, and the designations are superimposed over the manage-
ment guidance for those lands; for example, a designated wilderness area within a national
park must be managed to fulfill the requirements of the park's authorizing legislation as
well as of the Wilderness Act and the area's designating legislation. In general, Congress
reserved the right to define the extent of these systems, although states can designate
rivers and recreational trails that can, under certain circumstances, be added to the systems
without congressional action.
The National Wilderness Preservation System.6 The Wilderness Act defines
wilderness as federal land that is primarily affected by the forces of nature, relatively un-
touched by human activity, where solitude and primitive recreation are dominant values.
The agencies can recommended areas for designation, but only Congress can designate
them as part of the System. The National Wilderness Preservation System includes nearly
Unless
4
otherwise specified, references to mineral exploration, development, and extraction in this
report include leasable minerals (
e.g., oil and gas, coal), locatable minerals (
e.g., gold, silver,
copper), and salable minerals (
e.g., sand and gravel).
For
5
information on laws governing FS planning, see CRS Report 86-986 ENR,
Forest Service
Land and Resource Planning: A Chronology of Laws.
For
6
more information on the wilderness system, see CRS Report 94-976 ENR,
Wilderness
Overview and Statistics.
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104 million acres of land, of which 55% are in Alaska. FS administers 35 million acres of
the System; NPS, 43 million acres; FWS, 21 million acres; and BLM, 5 million acres.7
The Wilderness Act defines the purpose of wilderness as “devoted to the public
purposes of recreational, scenic, scientific, educational, conservation, and historical use.”
The Act generally prohibits commercial activities (
e.g., timber harvesting), motorized
access or mechanical transport, and permanent roads, structures, and facilities in wilder-
ness areas. However, several exceptions are identified in the Act, including: continued
use of motorboats and aircraft; fire, insect, and disease control; mineral prospecting; water
project developments (subject to presidential approval); continued livestock grazing; and
certain commercial recreation activities. Hunting and fishing are not affected by wilder-
ness designation. Congress has also specified exceptions for particular sites in the various
laws designating the areas.8
National Trails System. The National Trails System Act of 1968 established four
9
classes of national trails: 1) national scenic trails to provide outdoor recreation and the
conservation and enjoyment of significant scenic, historic, natural, or cultural qualities; 2)
national historic trails to follow travel routes of national historic significance; 3) national
recreation trails, in or with reasonable access to urban areas; and 4) connecting or side
trails to provide access to or among the other trails. Twenty national scenic and historic
trails, totaling nearly 40,000 miles, have been designated by law. Another 800 recreation
trails and 2 connecting or side trails have been designated administratively.
National trails are administered by the FS, NPS, and BLM, many in cooperation with
appropriate state and local authorities. Most recreation uses are permitted, as are other
uses or facilities that do not substantially interfere with the nature and purposes of the trail.
Motorized vehicles generally are prohibited on System trails.
National Wild and Scenic Rivers System. The National Wild and Scenic Rivers
Act of 1968 established three river classes: 1) wild rivers, free from impoundments (dams,
diversions,
etc.), generally inaccessible except by trail, with generally primitive water-sheds
and undeveloped shorelines; 2) scenic rivers, free from impoundments in generally
undeveloped areas, but accessible in places by roads; and 3) recreational rivers, readily
accessible by road, with some shoreline development and possibly some impoundment or
diversion in the past. To date, 155 rivers totaling 10,896 miles have been included in the
National Wild and Scenic Rivers System.
The principal protection of the wild and scenic river designation is the prohibition of
water resource projects which may divert or hinder the flow of the river. Management of
permitted use varies with the class of the designated river. Congress directed the agencies
to protect and enhance the values that led to the designation, but also specified that most
other land uses not be limited unless they “substantially interfere with public use and
In
7
accordance with FLPMA, the BLM has submitted recommendations to the President, and the
President to Congress, to designate another 8.5 million acres as wilderness.
8See CRS Report 98-848 ENR,
Wilderness Laws: Prohibited and Permitted Uses.
9For more information on the trails system, see CRS Report 98-981 ENR,
The National Trails
System: An Overview.
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enjoyment of these values.” Road building, hunting, fishing, and mining and mineral
leasing may be permitted in some instances, depending on the classification and whether
the activities are consistent with the values of the area being protected and with other state
and federal laws. Wild and scenic rivers are usually managed by NPS, FWS, BLM, or FS,
but a segment of one river (the Cossatot, in Arkansas) is managed by the U.S. Army Corps
of Engineers. States may also propose rivers for designation, with the approval of the
Secretary of the Interior, and then manage those rivers.
Other Federal Land Designations
Congress has designated numerous special areas that are separate from the categories
discussed above. For example, several national game refuges and wildlife preserves have
been designated by law for protecting wildlife, but are managed by the FS, apart from the
National Wildlife Refuge System. FS manages numerous other congressionally desig-
nated areas that have site-specific management guidelines, including six scenic areas, two
national monuments, two national volcanic monuments, a conservation area, a scenic-
research area, a primitive area, and various other special management areas. Most have
been established by Acts of Congress to preserve, protect, or provide specific values, and
are managed under site-specific guidelines.
BLM special management areas include 7 national conservation areas (NCAs), 714
areas of critical environmental concern (ACECs), and 89 research natural areas (RNAs).
NCAs are special areas designated by Congress for conserving a particular purpose or
value, such as aquatic and wildlife resources or historic, scenic, cultural, biological, or
paleontological values,
etc. ACECs are identified in the BLM planning process as areas
to be managed to protect and prevent irreparable damage to important historic, cultural,
or scenic values, or fish and wildlife habitats. RNAs also are identified in the planning
process as areas to be managed primarily for research and education.
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