Land owned by a national, subnational, or local government
In all modern states, a portion of land is held by central or local governments. This is called public land, state land, or Crown land (Commonwealth realms). The system of tenure of public land, and the terminology used, varies between countries. The following examples illustrate some of the range.
In Portugal the land owned by the State, by the two autonomous regions (Azores and Madeira) and by the local governments (municipalities (Portuguese: municípios) and freguesias) can be of two types: public domain (Portuguese: domínio público) and private domain (Portuguese: domínio privado). The latter is owned like any private entity (and may be sold), while public domain land cannot be sold and it is expected to be used by the public (although it can be leased to private entities for up to 75 years in certain cases). Examples of public domain land are the margins of the sea and of the rivers, roads, streets, railways, ports, military areas, monuments. The State's private domain is managed by Direção-Geral do Tesouro e Finanças and the State's public domain is managed by various entities (state companies and state institutes, such as the Portuguese Environment Agency, Infraestruturas de Portugal, Administração do Porto de Lisboa S.A., etc.).
Public lands on the West Bank of Palestine are in part based on the Ottoman Empire law specifying that land not worked for over ten years becomes "state lands".[1]
Map of all federally owned land in the United States.Most of the public land managed by the US Forest Service and Bureau of Land Management is in the Western states. Public lands account for 25 to 75 percent of the total land area in these states.The US Forest Service alone manages 193 million acres (780,000 km²) nationwide, or roughly 8% of the total land area in the United States.
In the United States, governmental entities at all levels- including townships, cities, counties, states, and the federal government- all manage land which are referred to as either public lands or the public domain.
In general, Congress must legislate the creation or acquisition of new public lands, such as national parks; however, under the 1906 Antiquities Act, also known as the National Monuments Act, the President may designate new national monuments without congressional authorization if the monument is on federally-owned land.
Each western state also received federal "public land" as trust lands designated for specific beneficiaries, which the States are to manage as a condition to acceptance into the union. Those trust lands cannot any longer be considered public lands as allowing any benefits to the "public" would be in breach of loyalty to the specific beneficiaries. The trust lands (two sections, or about 1,280 acres (5.2km2) per township) are usually managed extractively (grazing or mining), to provide revenue for public schools. All states have some lands under state management, such as state parks, state wildlife management areas, and state forests.
Wilderness is a special designation for public lands which have been completely undeveloped. The concept of wilderness areas was legislatively defined by the 1964 Wilderness Act. Wilderness areas can be managed by any of the above Federal agencies, and some parks and refuges are almost entirely designated wilderness. A wilderness study area is a tract of land that has wilderness characteristics, and is managed as wilderness, but has not received a wilderness designation from Congress.
Typically each parcel is governed by its own set of laws and rules that explain the purpose for which the land was acquired, and how the land may be used.
Most state- and federally managed public lands are open for recreational use. Recreation opportunities depend on the managing agency, and run the gamut from the less restrictive, undeveloped wide open spaces of BLM lands to the highly developed and controlled national and state parks. Wildlife refuges and state wildlife management areas, managed primarily to improve habitat, are generally open to wildlife watching, hiking, and hunting, except for closures to protect mating and nesting, or to reduce stress on wintering animals. National forests generally have a mix of maintained trails and roads, wilderness and undeveloped portions, and developed picnic and camping areas.
Grazing on U.S. public lands
Historically in the western United States, much public land is leased for grazing by cattle or sheep (most National Park Service areas are closed to livestock grazing). This includes vast tracts of National Forest and BLM land, as well as land on some Wildlife Refuges. National Parks are the exception. This use became controversial in the late 20th century as it was examined by environmentalists and scientists concerned about the impact of these exotic animals on native plant populations and watersheds.[5]
Oil and gas drilling and mining on U.S. public lands
Large tracts of public land in the United States are available for leasing for petroleum or mineral production. Lands which have a high likelihood of producing valuable resources can, as of 2018, command prices as high as $80,000 an acre per year. Large tracts of other lands, where the likelihood of the presence or successful exploitation of resources are very low, could be leased, as of 2018, for as low as $1.50 an acre per year. The Trump administration greatly expanded mineral leasing resulting in a substantial increase in fracking in likely locations in Wyoming and New Mexico,[6] but a great deal of land where prospects for successful production were limited was leased at very low rates to speculators.[7]
↑ Pages 14-73, "The Public Lands Debate", Sharman Apt Russell, Kill the Cowboy: A Battle of Mythology in the New West, Addison-Wesley (May, 1993), hardcover, 218 pages, ISBN0-201-58123-X
Cai M, I. Murtazashvili, J. Murtazashvili). "The politics of land property rights" Journal of Institutional Economics (2020) 16:151–167. online, compare USA with China and Afghanistan
Nancy Ferguson, Sacred Cows at the Public Trough, Maverick Publications (December, 1983), trade paperback, ISBN0-89288-091-0
The Bureau of Land Management (BLM) is an agency within the United States Department of the Interior responsible for administering U.S. federal lands. Headquartered in Washington, D.C., the BLM oversees more than 247.3 million acres (1,001,000 km2) of land, or one-eighth of the United States's total landmass.
National Wildlife RefugeSystem (NWRS) is a system of protected areas of the United States managed by the United States Fish and Wildlife Service (FWS), an agency within the Department of the Interior. The National Wildlife Refuge System is the system of public lands and waters set aside to conserve America's fish, wildlife, and plants. Since President Theodore Roosevelt designated Florida's Pelican Island National Wildlife Refuge as the first wildlife refuge in 1903, the system has grown to over 568 national wildlife refuges and 38 wetland management districts encompassing about 856,000,000 acres (3,464,109 km2).
The protected areas of the United States are managed by an array of different federal, state, tribal and local level authorities and receive widely varying levels of protection. Some areas are managed as wilderness, while others are operated with acceptable commercial exploitation. As of 2022, the 42,826 protected areas covered 1,235,486 km2 (477,024 sq mi), or 13 percent of the land area of the United States. This is also one-tenth of the protected land area of the world. The U.S. also had a total of 871 National Marine Protected Areas, covering an additional 1,240,000 sq mi (3,200,000 km2), or 26 percent of the total marine area of the United States.
The General Land Office (GLO) was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department of the Treasury. Starting with the enactment of the Land Ordinance of 1785, which created the Public Land Survey System, the Treasury Department had already overseen the survey of the Northwest Territory, including what is now the state of Ohio.
The protected areas of Michigan come in an array of different types and levels of protection. Michigan has five units of the National Park Service system. There are 14 federal wilderness areas; the majority of these are also tribal-designated wildernesses. It has one of the largest state forest systems as well having four national forests. The state maintains a large state park system and there are also regional parks, and county, township and city parks. Still other parks on land and in the Great Lakes are maintained by other governmental bodies. Private protected areas also exist in the state, mainly lands owned by land conservancies.
The Sagebrush Rebellion was a movement in the Western United States in the 1970s and the 1980s that sought major changes to federal land control, use, and disposal policy in 13 western states in which federal land holdings include between 20% and 85% of a state's area. Supporters of the movement wanted more state and local control over the lands, if not outright transfer of them to state and local authorities and/or privatization. As much of the land in question is sagebrush steppe, supporters adopted the name "Sagebrush Rebellion."
Federal lands are publicly owned lands in the United States managed by the federal government. Pursuant to the Property Clause of the United States Constitution, Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them. These powers have been recognized in a long series of United States Supreme Court decisions.
The Upper Missouri River Breaks National Monument is a national monument in the western United States, protecting the Missouri Breaks of north central Montana. Managed by the Bureau of Land Management (BLM), it is a series of badland areas characterized by rock outcroppings, steep bluffs, and grassy plains; a topography referred to as "The Breaks".
The question of whether to drill for oil in the Arctic National Wildlife Refuge (ANWR) has been an ongoing political controversy in the United States since 1977. As of 2017, Republicans have attempted to allow drilling in ANWR almost fifty times, finally being successful with the passage of the Tax Cuts and Jobs Act of 2017.
The National Wilderness Preservation System (NWPS) of the United States protects federally managed wilderness areas designated for preservation in their natural condition. Activity on formally designated wilderness areas is coordinated by the National Wilderness Preservation System. Wilderness areas are managed by four federal land management agencies: the National Park Service, the U.S. Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management.
National Conservation Lands, formally known as the National Landscape Conservation System, is a 35-million-acre (140,000 km2) collection of lands in 873 federally recognized areas considered to be the crown jewels of the American West. These lands represent 10% of the 258 million acres (1,040,000 km2) managed by the Bureau of Land Management (BLM). The BLM is the largest federal public land manager and is responsible for over 40% of all the federal public land in the nation. The other major federal public land managers include the US Forest Service (USFS), National Park Service (NPS), and the US Fish and Wildlife Service (USFWS).
The Santa Rosa and San Jacinto Mountains National Monument is a National Monument in southern California. It includes portions of the Santa Rosa and San Jacinto mountain ranges, the northernmost ones of the Peninsular Ranges system. The national monument covers portions of Riverside County, west of the Coachella Valley, approximately 100 miles (160 km) southeast of downtown Los Angeles.
The Wilderness Society is an American non-profit land conservation organization that is dedicated to protecting natural areas and federal public lands in the United States. They advocate for the designation of federal wilderness areas and other protective designations, such as for national monuments. They support balanced uses of public lands, and advocate for federal politicians to enact various land conservation and balanced land use proposals. The Wilderness Society also engages in a number of ancillary activities, including education and outreach, and hosts one of the most valuable collections of Ansel Adams photographs at their headquarters in Washington, D.C.
The United States Senate Energy and Natural Resources Subcommittee on Public Lands and Forests is one of four subcommittees of the U.S. Senate Energy and Natural Resources Committee.
The United States House Natural Resources Subcommittee on Federal Lands is one of the five subcommittees within the House Natural Resources Committee. Until the 118th Congress, it was known as the Subcommittee on National Parks, Forests and Public Lands.
According to the California Protected Areas Database (CPAD), in the state of California, United States, there are over 14,000 inventoried protected areas administered by public agencies and non-profits. In addition, there are private conservation areas and other easements. They include almost one-third of California's scenic coastline, including coastal wetlands, estuaries, beaches, and dune systems. The California State Parks system alone has 270 units and covers 1.3 million acres (5,300 km2), with over 280 miles (450 km) of coastline, 625 miles (1,006 km) of lake and river frontage, nearly 18,000 campsites, and 3,000 miles (5,000 km) of hiking, biking, and equestrian trails.
The Public Access and Lands Improvement Act is an omnibus bill that combines ten smaller, previously introduced bills all related to land and land use. Several of the bills transfer federal lands to state or local governments. The bill also addresses cattle grazing.
In the United States, governmental entities at all levels- including townships, cities, counties, states, and the federal government- all manage land which are referred to as either public lands or the public domain.
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