The Federal Land Policy and Management Act of 1976

The Federal Land Policy and Management Act of 1976, as amended, is the Bureau of Land Management “organic act” that establishes the agency’s multiple-use mandate to serve present and future generations. Among other things, the Law:

Governs the way in which the public lands administered by the Bureau of Land Management are managed by creating a single, unified statutory scheme for management.
Recognized the value of the public lands, declaring that these lands would remain in federal ownership.
Under FLPMA, the public domain, or the public lands, refers to all lands that the United States acquired from other nations or from Indian tribes and that have not been sold off or set aside as national parks, national forests, military reservations, etc. These lands, managed by BLM, total over 260 million acres (12 percent of the United States and about 40 percent of all federal owned land).
Preserved valid existing rights such as grazing rights, water rights, mining claims, and oil and gas leases.
Repealed a number of laws governing the disposal of public land in favor of a policy that retains public lands for multiple use management.
Required that BLM periodically inventory public lands and their resources to develop resource management plans.
Directed BLM to scientifically manage rangelands under the principles of multiple use and sustained yield, taking into account three major categories of use: commercial activities, public recreation, and conservation
Defines the term “multiple use” management to mean:
- The public lands and their various resource values are managed so that they are utilized in the combination that will best meet the present and future needs of the American people.
- Making the most judicious use of the land for some or all of these resources or related services.
- A combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and non-renewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and the protection of natural scenic, scientific, archaeological, environmental and historical values.
- Harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and environmental quality with consideration of the relative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output.
- BLM does not need to accommodate every use on every piece of public land.

Samplings from the LawSec. 102. [43 U.S.C. 1701]
The Congress declares that it is the policy of the United States that:

The public lands be retained in federal ownership, unless as a result of the land use planning procedure provided for in this act, it is determined that disposal of a particular parcel will serve the national interest;
The national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other federal and state planning efforts;
Public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before the date of enactment of this act be reviewed in accordance with the provisions of this act;
The Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate federal lands for specified purposes and that Congress delineate the extent to which the executive may withdraw lands without legislative action;
In administering public land statutes and exercising discretionary authority granted by them, the secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decision making;
Judicial review of public land adjudication decisions be provided by law;
Goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law
The public lands be managed in a manner that will protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values; that, where appropriate, will preserve and protect certain public lands in their natural condition; that will provide food and habitat for fish and wildlife and domestic animals; and that will provide for outdoor recreation and human occupancy and use;
The U.S. receive fair market value of the use of the public lands and their resources unless otherwise provided for by statute;
Uniform procedures for any disposal of public land, acquisition of non-federal land for public purposes, and the exchange of such lands be established by statute, requiring each disposal, acquisition, and exchange to be consistent with the prescribed mission of the department or agency involved, and reserving to the Congress review of disposals in excess of a specified acreage;
Regulations and plans for the protection of public land areas of critical environmental concern be promptly developed;
The public lands be managed in a manner which recognizes the nation’s need for domestic sources of minerals, food, timber, and fiber from the public lands including implementation of the Mining and Minerals Policy Act of 1970 (84 Stat. 1876, 30 U.S.C. 21a) as it pertains to the public lands; and
The federal government should, on a basis equitable to both the federal and local taxpayer, provide for payments to compensate states and local governments for burdens created as a result of the immunity of federal lands from state and local taxation.
The policies of this act shall become effective only as specific statutory authority for their implementation is enacted by this act or by subsequent legislation and shall then be construed as supplemental to and not in derogation of the purposes for which public lands are administered under other provisions of law.

Sec. 202. [43 U.S.C. 1712]
The secretary shall, with public involvement and consistent with the terms and conditions of this act, develop, maintain, and, when appropriate, revise land use plans which provide by tracts or areas for the use of the public lands. Land use plans shall be developed for the public lands regardless of whether such lands previously have been classified, withdrawn, set aside, or otherwise designated for one or more uses.

In the development and revision of land use plans, the Secretary of Agriculture shall coordinate land use plans for lands in the National Forest System with the land use planning and management programs of and for Indian tribes by, among other things, considering the policies of approval tribal land resource management programs.

In the development and revision of land use plans, the secretary shall:

Use and observe the principles of multiple use and sustained yield set forth in this and other applicable law;
Use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences;
Give priority to the designation and protection of areas of critical environmental concern;
Rely, to the extent it is available, on the inventory of the public lands, their resources, and other values;
Consider present and potential uses of the public lands;
Consider the relative scarcity of the values involved and the availability of alternative means (including recycling) and sites for realization of those values;
Weigh long-term benefits to the public against short-term benefits;
Provide for compliance with applicable pollution control laws, including state and federal air, water, noise, or other pollution standards or implementation plans; and
To the extent consistent with the laws governing the administration of the public lands, coordinate the land use inventory, planning, and management activities of or for such lands with the land use planning and management programs of other federal departments and agencies and of the states and local governments within which the lands are located, including, but not limited to, the statewide outdoor recreation plans developed under the Act of September 3, 1964 (78 Stat. 897), as amended [16 U.S.C. 460l–4 et seq. note], and of or for Indian tribes by, among other things, considering the policies of approved state and tribal land resource management programs.

In implementing this directive, the secretary shall, to the extent he finds practical, keep apprised of state, local, and tribal land use plans; assure that consideration is given to those state, local, and tribal plans that are germane in the development of land use plans for public lands; assist in resolving, to the extent practical, inconsistencies between federal and non-federal government plans, and shall provide for meaningful public involvement of state and local government officials, both elected and appointed, in the development of land use programs, land use regulations, and land use decisions for public lands, including early public notice of proposed decisions which may have a significant impact on non-federal lands.

Such officials in each state are authorized to furnish advice to the secretary with respect to the development and revision of land use plans, land use guidelines, land use rules, and land use regulations for the public lands within such state and with respect to such other land use matters as may be referred to them by him. Land use plans of the secretary under this section shall be consistent with state and local plans to the maximum extent he finds consistent with federal law and the purposes of this act.

Sec. 302. [43 U.S.C. 1732]
The secretary shall manage the public lands under principles of multiple use and sustained yield, in accordance with the land use plans developed by him under section 202 of this act when they are available, except that where a tract of such public land has been dedicated to specific uses according to any other provisions of law it shall be managed in accordance with such law.