Abstract

The Federal Land Policy and Management Act of 1976 [FLPMA], enacted on October 21 of that year, is one of the most significant public land laws passed by the Congress in recent times. This statute, based principally on the groundbreaking work done by the Public Land Law Review Commission during the mid-1960's, but also incorporating ideas developed since the Commission's report was issued, furnishes statutory guidelines for future management policies and programs on lands administered by the Bureau of Land Management [BLM].

After many years of managing hundreds of millions of acres of federal land without the benefit of a comprehensive and coordinated set of policy guidelines from Congress, BLM has finally been given its own "Organic Act" that provides congressional direction and objectives for the administration of these lands. In addition to creating this comprehensive public lands management framework, FLPMA repealed a great number of archaic and often incompatible public land laws under which the federal lands have been managed for many years.

This Article examines the contents and impact of Title II of FLPMA which contains, among other things, sweeping statutory guidelines for the planning, classification, acquisition, sale, withdrawal, and exchange of the public lands. The history of the public land law system will first be briefly reviewed in order to provide the background necessary for a clear understanding of the legislative steps leading to the passage of the Act. These steps are then explored; particular emphasis is given to the growing congressional perception of the need for public land law reform which culminated in the creation of the Public Land Law Review Commission. The Commission's recommendations, as well as the interim statutory classification and management program in effect during the study period, are surveyed. Finally, an in-depth look is taken at Title II itself and at the regulations implementing it. Special attention is focused on reviewing the extent to which the Commission's recommendations are incorporated in Title II and on the potential impact of this section on the future management of the public lands.

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