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The Presidency and America's Public Lands

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The Presidency and America's Public Lands Executive Power in Unlikely Places: The Presidency and America's Public Lands Author: Maria Lynn McCollester Persistent link: http://hdl.handle.net/2345/bc-ir:107219 This work is posted on eScholarship@BC, Boston College University Libraries. Boston College Electronic Thesis or Dissertation, 2016 Copyright is held by the author, with all rights reserved, unless otherwise noted. Executive Power in Unlikely Places: The Presidency and America’s Public Lands Maria Lynn McCollester A dissertation submitted to the Faculty of the department of Political Science in partial fulfillment of the requirements for the degree of Doctor of Philosophy Boston College Morrissey College of Arts and Sciences Graduate School September 2016 © Copyright 2016 Maria Lynn McCollester Executive Power in Unlikely Places: The Presidency and America’s Public Lands Maria McCollester Advisor: Marc Landy, Ph.D. By examining the interactions between the presidency and the other branches of government, research illuminates the causes and mechanisms by which the presidency, and its power, ebbs and flows. Due to the nature of the powers directly granted to the president within the Constitution, much consideration has been given to presidential power through the prisms of national security, international affairs, and times of national emergency. Yet the presidency consists of more than the roles of commander- and diplomat-in-chief. By looking beyond the more obvious considerations of presidential power, the complexity of the institution’s development is not only revealed, but more fully explained. Consequently, this dissertation analyzes the development of presidential power by looking at the less obvious. It considers the use of formal executive tools to implement congressionally delegated and supported authority in an area of domestic policy: the creation of federally protected public lands. Instead of seeking to understand how the use of presidential power impacted an area of public policy, this research flips that perennial question on its head by asking: how has public land policy contributed to the development of presidential power? The research presented here shows, through the analysis of five public land categories, that the consistent application of executive power within this policy realm, combined with Congressional acceptance of this application, enhanced the overall power of the American presidency. i TABLE OF CONTENTS ACKNOWLEDGEMENTS ........................................................................................................................... ii CHAPTER I: INTRODUCTION ................................................................................................................. 1 LITERATURE FRAMEWORK ........................................................................................................................... 2 METHODOLOGY AND ANALYTICAL TOOL DEVELOPMENT .......................................................................... 13 CHAPTER OVERVIEW .................................................................................................................................. 18 CHAPTER II: NATIONAL FORESTS ..................................................................................................... 24 CONGRESSIONAL (IN)ACTION: THE CONTEXT FOR A FOREST RESERVE LAW ............................................. 26 CONGRESSIONAL ACTION: THE FOREST RESERVE ACT OF 1891 ................................................................ 36 PRESIDENTIAL ACTION: IMPLEMENTATION OF THE FOREST RESERVE ACT ................................................ 46 CONGRESSIONAL RESPONSE: FAILED ATTEMPTS AND THE LIMITATION OF PRESIDENTIAL POWER ............ 55 NATIONAL FORESTS AND CONGRESSIONAL ACCEPTANCE .......................................................................... 62 CHAPTER III: NATIONAL WILDLIFE REFUGES ............................................................................. 67 PRESIDENTIAL ACTION: INITIATING WILDLIFE PROTECTION IN AMERICA ................................................. 68 CONGRESSIONAL RESPONSE: ACCEPTANCE EVERY STEP OF THE WAY ...................................................... 82 NATIONAL WILDLIFE REFUGES AND CONGRESSIONAL ACCEPTANCE ...................................................... 105 CHAPTER IV: NATIONAL MONUMENTS ......................................................................................... 112 HISTORICAL BACKGROUND: A DEVELOPING INTEREST IN AMERICAN PREHISTORY ................................ 113 CONGRESSIONAL ACTION: THE DEVELOPMENT AND PASSAGE OF THE ANTIQUITIES ACT OF 1906 ......... 126 PRESIDENTIAL ACTION: A CENTURY, AND COUNTING, OF NATIONAL MONUMENTS ............................... 141 CONGRESSIONAL RESPONSES: LIMITATION TO PRESIDENTIAL AUTHORITY AND MONUMENTS ESTABLISHED ...................................................................................................................... 160 NATIONAL MONUMENTS AND CONGRESSIONAL ACCEPTANCE ................................................................ 174 CHAPTER V: NATIONAL PARKS AND NATIONAL WILDERNESS AREAS ............................. 179 THE NATIONAL PARKS .............................................................................................................................. 180 THE NATIONAL WILDERNESS AREAS ....................................................................................................... 208 CONGRESS-CREATED, PRESIDENCY-ORIGINATED: THE NATIONAL PARKS, NATIONAL WILDERNESS AREAS, AND CONGRESSIONAL ACCEPTANCE ............................................................................................ 231 CHAPTER VI: CONCLUSION ............................................................................................................... 234 APPENDIX I: ADDITIONAL METHODOLOGY ................................................................................ 250 APPENDIX II: DATA TABLES .............................................................................................................. 257 TABLE I: NATIONAL FORESTS (NEWLY WITHDRAWN LAND) ................................................................... 257 TABLE II: NATIONAL FORESTS (COMBINED LANDS) ................................................................................ 265 TABLE III: NATIONAL FORESTS: NAME ALTERATIONS ............................................................................. 270 TABLE IV: NATIONAL WILDLIFE REFUGES ............................................................................................... 272 TABLE V: PRESIDENTIAL NATIONAL MONUMENTS .................................................................................. 306 TABLE VI: CONGRESSIONAL NATIONAL MONUMENTS ............................................................................. 311 TABLE VII: NATIONAL PARKS .................................................................................................................. 314 TABLE VIII: NATIONAL MONUMENTS TO NATIONAL PARKS .................................................................... 317 TABLE IX: NATIONAL WILDERNESS AREAS ............................................................................................. 319 BIBLIOGRAPHY ...................................................................................................................................... 359 ii ACKNOWLEDGEMENTS The process of completing a dissertation may rest solely with one person, but that person cannot make it through such an endeavor without the help of many. The following few pages recognizes those who helped me most along the way. While conducting my research, I had the good fortune to interact with a number of public servants. I thoroughly enjoyed working with federal employees from the National Archives, Library of Congress, National Park Service, U.S. Fish and Wildlife Service, Forest Service, and Bureau of Land Management. I especially want to thank former Secretary of the Interior Bruce Babbitt for his contributions to this work. Having coffee with him as we discussed public land policy is easily one of the best experiences I had while completing this dissertation. I would like to thank John H. Sprinkle, historian of the National Park Service, for always answering my inquiries quickly and offering guidance on a number of subjects. I also want to acknowledge Mark Madison, historian of the U.S. Fish and Wildlife Service, who not only helped me locate a number of key documents, but served as a kind host at the National Conservation Training Center. Each of these individuals’ dedication to their positions proved and reinvigorated my appreciation for public service and those who devote their lives to it. I am fortunate enough to have attended a number of excellent educational institutions during my undergraduate and graduate career. I am particularly grateful to the University of Pennsylvania’s Fox Leadership Program, a sister program with my alma mater, the Fels Institute of Government, for hosting me as a Senior Resident Fellow during the 2015-2016 academic year. Their generosity in offering library access, office space, and financial support while I finished my dissertation proved invaluable. Their iii support and warm welcome supplied me with an academic home-away-from-home as I lived away from Boston this past year. I would also like to thank the Department of Political Science at Boston College for not only providing me with the opportunity to earn my doctorate, but for financially supporting me throughout the endeavor. I am especially thankful to the Morrissey
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