Federal Public Land And Resources Law

Federal Public Land and Resources Law
Sixth Edition

George Cameron Coggins, Charles F. Wilkinson, John D. Leshy, Robert L. Fischman

Public Land Law: An Introduction
1. The Field of Public Land Law
2. The Federal Lands and Resources
3. Management of Federal Lands
  1. The National Forest System
  2. The BLM Public Lands
  3. The National Wildlife Refuge System
  4. The National Park System
  5. The Preservation Lands and Other Generic Categories
  6. The Legal Offices
  7. The United States Congress
  8. The Special Case of Alaska
4. Perspectives on Public Land and Resources Law
History of Public Land Law: Ownership Rights and Obligations
1. Acquisition of the Public Domain
  1. From the Original Colonies
  2. From Foreign Nations
  3. From Indian Tribes
2. Disposition of the Public Domain
  1. The Disposition System
    1. The Survey and Early Land Laws
    2. Disposition by Foreign Governments
  2. State Lands and Trust Doctrines
    1. The Equal Footing Doctrine
      
      Note: The Sagebrush Rebellion and County Supremacy Movements
    2. The Public Trust Doctrine
    3. Grants to States and More Trust Obligations
      
      Note: State Management of Federally Granted Lands
      Note: Other Grants to States
  3. Grants to Private Parties
    1. Grants to Farmers and Ranchers
    2. Grants for Reclamation
    3. Grants of Timber
    4. Grants to Miners
    5. Grants to Railroads
3. Reservation, Withdrawal, and Reacquisition
  1. The Emergence of Withdrawal and Reservation: Forests and Scenery
  2. Mineral Reserves
  3. Range Resources
Federalism on the Public Lands
1. Jurisdiction within Federal Enclaves
  
  Note: Assimilation of State Law in Federal Enclaves
2. Intergovernmental Immunities & Revenue Sharing
3. The Property Clause
  
  Note: Nuclear Waste Disposal
  The Property Clause and Non-Federal Land
4. Other Constitutional Authorities over Federal Lands and Natural Resources
5. Federal Preemption
  
  Note: A "Dormant Property Clause"?
  Cooperative Federalism
Overarching Legal Issues
1. The APA and Judicial Review
  1. Barriers to Judicial Review: The Procedural Obstacle Course
    1. Standing
    2. Sovereign Immunity
    3. Exhaustion of Remedies and the Foreclosure Rule
    4. Ripeness and Agency Action
    5. Committed to Agency Discretion by Law
  2. The Scope of Judicial Review
    
    Note: The Chevron Doctrine and Deference to Special Forms of Agency Interpretations
2. The National Environmental Policy Act (NEPA)
  
  Note: Can a Federal Agency Avoid an EIS by Regulating the Proposed Activity to Restrict its Impact?
  Note: Which Federal Actions Require No NEPA Analysis?
  Note: The Place of NEPA in Public Natural Resources Law
3. The Endangered Species Act
  1. Introduction and Overview
  2. Section 4: Listing Species and Designating Habitat
    Note: Critical Habitat
    Note: Recovery Plans
  3. Section 7: The Consultation and Conservation Duties
    1. The Consultation Duty
      
      Note: "Counterpart" Regulations
    2. The Conservation Duty
  4. Section 9: The "Take" Prohibition
    Note: Habitat Conservation Plans (HCPs) and "No Surprises"
    Note: Reintroduction of Species
  5. The Relationship between Section 9 and Section 7
4. Private Rights in Public Resources
  1. Property Rights and "Takings" Compensation
    Note: Private Property Interests in Federal Land
  2. Contract Rights
Federal Land Management
1. Access to and Across Federal Lands
  1. Access Across Nonfederal Land to Federal Land
  2. Access Across Federal Land
    1. R.S. 2477 Rights of Way
    2. ANILCA Permits
2. Delegation
3. Executive Withdrawals and Reservations
  1. The President's Powers
    
    Note: The President's Power to Guide Agencies by Executive Order
  2. Modern Withdrawal Practice Under FLPMA
    
    Note: Is a Decision Not to Authorize an Activity on Federal Land a Withdrawal?
    Note: FLPMA Withdrawal Procedures and the Legislative Veto
  3. Withdrawals and Reservations Under the Antiquities Act
4. Land Exchanges, Sales, and Other Transfers
  1. Land Acquisitions
  2. Land Sales
  3. Moving Federal Lands Around the Federal Family
  4. Land Exchanges
    Note: Federal-State Land Exchanges
5. Organic Legislation for Public Land Systems
The Water Resource
1. The Acquisition of Water Rights on Federal Lands
  1. The Origins of Water Law on Federal Lands
  2. Federal Reserved Water Rights
  3. Reserved Water Rights by Federal Land Category
    1. National Forests
    2. National Parks
    3. National Wildlife Refuges
    4. Wilderness Areas
    5. Wild & Scenic Rivers
    6. Bureau of Land Management ("BLM") Public Lands
  4. Modern Congressional and Executive Practice in Federal Land Reservations
  5. Adjudicating Federal Water Rights: The McCarran Amendment, State Water Adjudications and Related Issues
  6. Beyond the Reserved Rights Doctrine: Other Means of Protecting Federal Interests in Water
    1. Controlling Water by Regulating Access to Federal Land
    2. Claiming Water Rights Under State Law
    3. Federal Non-Reserved Water Rights
2. Federal Hydropower Licensing
  
  Note: Decommissioning and Dam Removal
The Mineral Resource
1. Hardrock Minerals: The General Mining Law of 1872
  1. What Minerals are Locatable under the Mining Law?
  2. What "Lands Belonging to the United States" Are Open to Claim Location?
  3. How Is a Mining Claim Located?
  4. What Are a Mining Claimant's Rights Before Discovery? The Pedis Possessio Doctrine
  5. Gaining Rights Against the United States: Discovery of a Valuable Mineral Deposit
    Note: The Problem of "Common Varieties"
    Discovery of Fuel Minerals: Uranium and Oil Shale
  6. Holding and Privatizing Mining Claims
    Holding Claims: The Assessment Work Requirement
    Privatizing: Patenting Claims
  7. Inroads on the Freedom of the Mining Claimant
    Note: Processes for Challenging the Validity of Unpatented Mining Claims
  8. Modern Environmental Regulation of Operations on Unpatented Mining Claims
    1. Forest Service Regulation
    2. BLM Regulation
      Note: Regulating Hardrock Mining in National Parks
      Note: Reforming the Mining Law
2. Mineral Leasing
  1. Mineral Leasing Systems in a Nutshell
  2. Competition in Federal Mineral Development
  3. What Is "Fair Market Value"?
  4. Mineral Leasing and Environmental Regulation
    
    Note: The Surface Mining Control and Reclamation Act
  5. NEPA and Planning for Onshore Oil and Gas Leasing
    Note: Oil and Gas Leasing on the Offshore Lands
    Geothermal Resources
3. Federal Minerals That Are Subject to Sale
  What Happens When Different Minerals Are Targets of Development on the Same Federal Lands?
4. Split Estates: Issues Where Mineral Interests are Separated from Surface Interests
  1. Federal Minerals Under Private Surface
    1. What Minerals Are Reserved?
    2. Protecting the Environment and Surface Values in Developing Federally Reserved Minerals
      Note: Determining Whether Federal Rights are Reserved in Dispositions
  2. Private Minerals Under Federal Surface
    1. What Minerals Are Reserved?
    2. Authority of the United States to Control Development of Reserved Mineral Rights
      Agency Split Estate Regulations and Application
The Timber Resource
1. Traditional Forest Service Management
  1. The Multiple-Use, Sustained-Yield Act of 1960
  2. The Resources Planning Act of 1974
2. The Watershed: Clearcutting, the Monongahela Decision, and the Passage of The National Forest Management Act of 1976
  Note: The Role of the National Forests in American Forest Policy
3. The National Forest Management Act
  1. Timber Harvesting Methods and Physical Suitability
  2. The Diversity Mandate
  3. Other NFMA Provisions
    1. Economic Suitability: The "Below-Cost Timber Sales" Issue
    2. Rotation Age and Culmination of Mean Annual Increment ("CMAI")
    3. Sustained Yield and the Concept of Nondeclining Even Flow ("NDEF")
  4. Revision of the Forest Service Planning Regulations
    1. The 2000 Regulations
    2. The 2005 regulations
  5. Wildfire Management
  6. The National Forest Roadless Rule
4. The Northwest Forest Plan: A Study in Science, Law, and Politics
The Range Resource
1. Introduction
2. The Nature of the Grazing Interest on Federal Lands
  1. Introduction to The Taylor Grazing Act (TGA)
  2. The Grazier�s Legal Interest in Public Lands
  3. Administration of the TGA
    Note: Grazing Fees
    Note: Enforcing the Range Code
3. Range Allocation and Analysis under FLPMA
  1. NEPA
  2. FLPMA
    1. FLPMA Planning and Grazing Management on a Broad Scale
    2. Allotment Management on a Fine Scale
4. Voluntary Retirements of Grazing Permits and the Economics of the New West
The Wildlife Resource
1. The National Wildlife Refuge System
  1. History and Issues of Administration
  2. State Law and Refuge System Goals
  3. Individual Refuge Establishment Purposes
  4. The Compatibility Criterion
2. Wildlife Conservation and Management on Other Federal Lands
  1. The National Park System
  2. National Forest and BLM Public Lands
  3. Predator Control
    Note: Protecting Subsistence Uses of Wildlife Resources on Federal Lands
3. The Migratory Bird Treaty Act (MBTA)
  Note: The MBTA as a National Hunting Law
The Recreation Resource
1. Acquisition of Lands for Recreation: The Land and Water Conservation Fund
2. The National Park System
  1. The NPS Organic Act and National Park Establishment Statutes
    NPS Management Policies
    Rationing Recreation
  2. Recreation Management and NEPA
3. Special Recreational and Conservation Overlays
  Note: National Trails
4. Managing Recreation on Federal Lands: Fees, Concessions and Permits
  1. Recreation Fees
  2. Recreation Concessions
    1. The National Park Service
    2. The U.S. Forest Service and Ski Areas
  3. Recreational Permitting on National Forests and BLM Public Lands
5. Off-Road Vehicle Regulation
  1. Wheeled ORVs
    1. The BLM
    2. The NPS
    3. The USFS
  2. Snowmobiles and Jet Skis
6. Federal Liability for Recreational Mishaps
  Note: Fees and the Sightseer Statutes
  The Discretionary Function Exception
The Preservation Resource
1. Wilderness Preservation
  1. The Origins of Federal Wilderness Preservation
  2. Wilderness Management
    Note: Mining and Wilderness
    Note: Grazing and Wilderness
    Note: Other Wilderness Management Issues
  3. Expanding the Wilderness System
    1. The National Forest System
      Note: Future Wilderness Consideration and the "Release" Issue
    2. Bureau of Land Management Lands
      1. The Inventory Process
      2. Interim Management: FLPMA § 603(c)
    3. Mineral Leasing in Wilderness Study Areas
2. External Threats
  1. External Threats from Non-Federal Lands
  2. External Threats from Other Federal Lands
    Problem: Geothermal Leasing Adjacent to Yellowstone National Park
3. River Preservation
  1. Designating Wild & Scenic Rivers
  2. Managing Wild & Scenic Rivers
4. Preservation of Archaeological, Cultural and Historical Resources
  1. Archaeological Resources
  2. Cultural and Religious Resources
    Note: The Constitution and Free Speech on Federal Lands
  3. Historical Resources

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