Historical origins of the

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Historical origins of the federal agencies
for natural resource management and regulation
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The West inspired exploration and fostered grand
ideas.
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Colonial Origins of American Land and Resource Law
English legal framework
Russian law/govt.
French legal framework
Spanish legal framework
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Thomas Jefferson Summary View of the Rights of
British America of 1774
From the nature and purpose of civil
institutions, all the lands within the limits
which any particular society has circumscribed
around itself, are assumed by that society, and
subject to their allotment only. This may be
done by themselves assembled collectively, or by
their legislature to whom they may have delegated
sovereign authority and if they are allotted in
neither of these ways, each individual of the
society may appropriate to himself such lands as
he finds vacant, and occupancy will give him
title.
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John Locke and a theory of ownership of land

• Concern because the British governments
  Proclamation of 1763 had ordered a halt to all
  settlement west of the Appalachian mountains and
  raised questions regarding the title of other
  land claims both of land grants by colonial
  governments and from sales from the Indians.
• Reasserted in the Declaration of Independence
  1776
• Treaty of Paris in 1783

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Federal Power asserted over the Public Domain by
the Congress of Confederation

• Ordinance of 1784
• Land Act of 1785
• Northwest Ordinance of 1787
• Created a system of governance for the western
  territories.
• Local governments not interfere with federal
  authority
• But advocates of state control powerful and so
  colonies would not cede western land claims

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1787 Northwest Ordinance Townships 6 miles
square
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• We the people of the states of New-Hampshire,
  Massachusetts, Rhode-Island and Providence
  Plantations, Connecticut, New-York, New-Jersey,
  Pennsylvania, Delaware, Maryland, Virginia,
  North-Carolina, South-Carolina, and Georgia, do
  ordain, declare and establish the following
  constitution for the government of ourselves and
  our posterity.
• And agreement to cede western land claims to a
• Federal government shared sovereignty

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1789 US Constitution Article 4 (Section 3)
Congress shall have the Power to dispose of
and make all needful Rules and Regulations
respecting the Territory or other property
belonging to the United States. (gives
plenary control over public domain)
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PUBLIC DOMAIN (or Common Lands)
Lands belonging to the American people held by
the federal government until withdrawn for some
federal purpose, given to the States upon
statehood or based upon Federal law, or
pre-empted into private ownership.
PUBLIC LANDS
Lands withdrawn from the public domain and
reserved to a specific public purpose (can be
within state or federal jurisdiction).
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Origins of Public Land Law

• Lands offered at auction for 1
• No limits on speculation
• No protection for squatters
• Process for creating states in the public domain
  (3 stages)
• new States never interfere with the primary
  disposal of the Soil of the US nor any
  regulations Congress . Secure title.

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Exercise of new Federal Authority Office to
hold Public Domain Lands and continue
appropriation ef land and resources for national
defense
1812
General Land Office established within the
Treasury Department to survey and sell land.
US Navy authorized to reserve from sale public
domain lands containing live oak and red cedar
for the sole purpose of supplying timber for the
navy of the US. Administration of reserves under
the Navy.
1817
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1824
US Army Corp of Engineers assigned
responsibility for the handling of internal
improvements, including improvement of rivers
and harbors.
1944
Flood Control Act provided that improvements of
rivers and waterways for flood control under
War Dept. (watershed and measures for erosion
control in Agriculture)
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1841 -- Preemption Act
to preempt from the common, public domain into
private use legalized squatting
Withdrawal -- reserve public domain lands for a
specific purpose
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1849
US Department of Interior created. Secretary
has responsibility for administering the public
domain (except those administered by a
different dept. - Navy, etc.) General Land
Office --- (from Treasury) GEOLOGICAL SURVEY
survey and map boundaries explore John
Wesley Powell FORESTRY DIVISION protect from
theft, fraud and fire Indian Affairs (from
War) Patent Office (from State Dept.)
(governments agricultural services)
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Shift from States as only land managers to idea
of Federal lands and management
1864
Yosemite Valley and Mariposa Big Tree Grove
granted to California to be held forever for
public use, resort, and recreation.
1872
Yellowstone National Park reserved as a public
park or pleasuring-ground for the benefit and
enjoyment of the people. first National Park
National Parks are controlled and protected by
the U. S. Cavalry of the Army.
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Role of Science and NGOs
1873
American Association for the Advancement of
Science passed a resolution favoring the creation
of a federal and state forestry commissions and
appointed a committee with Franklin Hough as
chairman to follow up.
1875
American Forestry Association organized.
1876
A rider on Appropriations Act appropriated
2000 for the employment by the Commissioner of
Agriculture of an expert to study and report upon
forest conditions. Franklin B. Hough appointed.
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1862 Homestead Law 160 acres/ 5 years to
proof claim
1862 -- Commissioner of Agriculture created for
a Department of Agriculture
1881
Division of Forestry organized to carry on work
of Franklin Hough (separate from Interior
Forestry Division)
1886
Statutory recognition to Division of Forestry
and headed by Bernhard Fernow, a forester from
Germany.
1889
USDA given cabinet rank.
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FORESTS
1891 -- Forest Reserve Act the President may,
from time to time, set apart and reserve any
part of the public lands.. 1897 -- Organic Act
improve and protect the forest within the
reservation, or for the purpose of securing
favorable Conditions of waterflows, and to
furnish a continuing supply Of timber for the use
and necessities of citizens of the US
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1898 -- Gifford Pinchot succeeded Fernow as
Chief of the Division of Forestry in the Dept.
of Agriculture
1905 -- Transfer Act -- administration of forest
reserves moved from Interior to Agriculture
1907 -- Forest Service and National Forests named
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Department of Agriculture
Forests 1907 -- Forest Service Chief
career officer National Forests and
Grasslands 191 million acres Soil Erosion
Control (added in Depression)
1935 -- Soil Conservation Service Now National
Resource Conservation Service -NRCS
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FISH AND WILDLIFE under state control states
had game and fish commissions, so a limited
federal role but salmon already extinct in
California, cod threatened
1871
Joint Resolution authorized President to appoint
a civil officer of the government as
Commissioner of Fish and Fisheries to study
problems relating to the conservation of food
fishes of the coast and lakes in US.
1900
Lacey Act prohibited the importation of any
foreign wild animal or bird except under legal
permit by Dept. of Agriculture. Affirms state
authority over wildlife regulation.
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1894
Congress prohibited hunting of birds or wild
animals in Yellowstone National Park, but
permitted fishing with hook and line.
Secretary of Interior -- Authorized to make
rules and regulations for the management and
care of the park, but the Army still patrolled
and managed the parks. Note Until 1905,
Interior also made all regulations for the
forest reserves and developed all management
plans. But no management competency to carry out
plans or even to protect them from theft, fraud
or fire.
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Water and Minerals in The West

• Newlands Act of 1902 money from sale of public
  domain minus 5 already for State of origin go
  into a revolving fund for building reclamation
  projects to irrigate arid land. Costs repaid to
  Fund from water charges. (income less and costs
  greater than expected. (Sec. of Interior select
  projects)
• Mineral Leasing Act of 1920 52 ½ of income
  from sales, bonuses, royalties and rentals from
  coal, oil and gas, and sodium on public lands
  flow into Reclamation Fund, 37 ½ to states of
  origin for roads and schools, only 10 to
  Treasury. (still largest source of income to
  fund)

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Hydropower

• Water Power Act of 1920 50 of proceeds from
  the licensing of power sites go into the
  Reclamation Fund, 37 ½ to states of origin, and
  12 ½ to US in receipts.
• Irrigation
• INTERIOR Bureau of Reclamation first in
  Geological Survey and then as separate
  Reclamation Service.
• By 1906 projects in all but one of the original
  16 states and territories for irrigation
  development.

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Revenue Sharing States and Federal Government

• Original colonies non-public land states
  wanted money from sale of public domain land and
  resources. Creation of land grant schools in
  1862 (Morrill Act) and later.
• Ohio 3 of net income from sale of public
  domain for roads and later states 5.
• Public land withdrawals have revenue sharing
  agreements 25 for schools and roads.

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Department of INTERIOR
1916 -- National Park Service (including
Antiquities Act)
1920 -- Mineral Leasing Act (Minerals
Management Service)
1934 -- Taylor Grazing Act allowed grazing
districts. Grazing Service
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1946
General Land Office and Grazing
Service consolidated into the Bureau of Land
Management Dr. Marion Clawson, first director
(later founded Resources for the Future)
Mineral Management Service transferred to BLM in
late 1970s.
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Department of Commerce -- fish
1903
Commission of Fish and Fisheries ( Bureau)
1938
Authorized to establish salmon-cultural stations
in Columbia River Basinimprove feeding and
spawning conditions in order to protect migratory
fish from irrigation projects.
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1939
Bureau of Fisheries from Commerce and Bureau of
Biological Survey from Agriculture to Department
of Interior
1956
Fish and Wildlife Service
Formed from Bureau of Sport Fisheries and
Wildlife and Bureau of Commercial Fisheries
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COMMERCE
National Marine Fisheries Service (NMFS)
National Oceanic and Atmospheric Administration
(NOAA) (assigned authority for marine
resource management in 1970 by executive order.
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1920
Federal Power Commission Sec. of War, Sec. of
Interior, Sec. of Agriculture created with
authority to issue licenses for a period not
exceeding 50 years for the development and
improvement of navigation..power.. use surplus
water or water power from any government dam.
Federal Energy Regulatory Commission (FERC)
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Pre-1970 -- Environmental Protection was in
Health and Human Welfare Department
1970
Executive Reorganization Plan created Environmenta
l Protection Agency (EPA) delegated authority
for water quality, pesticide, radiological, and
solid waste functions
National Environmental Policy Act created the
Council of Environmental Quality (CEQ) in the
Office of the President