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Vol. 54, No. 3-4: Full Issue Denver Law Review Volume 54 Issue 2 Article 22 February 2021 Vol. 54, no. 3-4: Full Issue Denver Law Journal Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation 54 Denv. L.J. (1977). This Full Issue is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. DENVER LAW JOURNAL VOLUME 54 1977 DENVER LAW JOURNAL VOLUME 54 1977 NUMBERS 3-4 COPYRIGHT © 1978, Denver Law Journal, University of Denver (Colorado Seminary) College of Law TABLE OF CONTENTS PROLOGUE Wayne N. Aspinall 383 BLM ORGANIC ACT FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976: FRUITION OR FRUSTRATION John A. Carver, Jr. 387 PLLRC REVISITED-A POTPOURRI OF MEMORIES Charles Conklin 445 AN OPERATIONAL VIEW OF THE BLM ORGANIC ACT Karl S. Landstrom 455 WATER FEDERAL RESERVED WATER RIGHTS SINCE PLLRC Frank J. Trelease 473 COMMENTS ON "FEDERAL RESERVED WATER RIGHTS" Jerome C. Muys 493 A REAL LIVE PROBLEM OR Two FOR THE WANING ENERGIES OF FRANK J. TRELEASE Charles Corker 499 TIMBER TIMBER RESOURCES Edward P. Cliff 507 COMMENTARY Ralph D. Hodges, Jr. 533 COMMENTS ON "TIMBER RESOURCES" Stephen H. Spurr 545 MINING THE MINING LAW: PLLRC RECOMMENDATIONS-WHAT HAPPENED TO THEM? Robert Emmet Clark 551 MINING LAW TRENDS H. Byron Mock 567 Is SELF-INITIATION STILL POSSIBLE? H. A. True, Jr. 579 VISITING LECTURERS H. R. AKERMAN, B.A., M.S.J.A.; JAMES S. BAILEY, Ph.B., J.D.; JOHN T. BAKER, B.A., J.D.; WILLIAM J. BARNTHOUSE, B.A., J.D., LL.M.; MARY BUTLER, B.A., J.D.; DAVID J. CORDOVA, B.A., J.D.; JONATHON C.S. Cox, B.A., M.A., J.D.; JOSEPH M. EPSTEIN, B.A., J.D.; RAYMOND L. FRIEDLOB, B.A., J.D., LL.M.; HowARD J. GucKSMAN, B.A., J.D., LL.M.; PHYLLIS G. KNIGHT, B.A., J.D.; RICHARD M. KRANZLER, B.S., LL.B.; ALAN D. LAF, B.A., J.D.; THE HONORABLE JOSEPH R. QUINN, A.B., LL.B., Judge, Denver District Court; RUSSELL W. RICHARDSON, B.A., J.D.; DAVID J. RICHMAN, B.A., J.D.; ROLLE R. ROGERS, A.B., LL.B.; EDWARD H. SHERMAN, A.B., LL.B.; MARK A. VOGEL, B.B.A., J.D., LL.M.; PATmCIA B. WALKER, B.S., M.S., J.D. Copies of the current volume may be ordered from: Business Editor DENVER LAW JOURNAL 200 West 14th Avenue Denver, Colorado 80204 Telephone: (303) 753-2651 Payment must accompany order. Subscription Rates: $12.00 per year, $6.00 per issue. Subscriptions are payable in advance and are considered recurring unless notification is given that a sub- scription is to be discontinued. All issues prior to the current volume may be ordered directly from: DENNIS & CO., INC. 251 Main Street Buffalo, New York 14203 For information regarding advertising space or subscriptions, contact the Business Editor. The opinions expressed herein, unless otherwise indicated, are not necessarily those of the College of Law or the Editors. The submission to the Editors of articles of interest to the profession is invited. The opinions expressed herein, unless otherwise indicated, are not necessarily those of the College of Law or the Editors. Articles which are submitted become the property of the Denver Law Journal. FEDERALISM FEDERAL-STATE RELATIONSHIPS IN FEDERAL LAND AND RESOURCE MANAGEMENT D. Michael Harvey 585 FEDERAL-STATE RELATIONSHIPS IN NUCLEAR ENERGY DEVELOPMENT James T. Ramey 607 FEDERALISM AND ENVIRONMENTAL LAW Jerry L. Haggard 611 COMMISSIONS COMMISSIONS AND PUBLIC LAND POLICIES: SETTING THE STAGE FOR CHANGE Perry R. Hagenstein 619 COMMENTS ON "COMMISSIONS AND PUBLIC LAND POLICIES: SETTING THE STAGE FOR CHANGE" Dennis A. Rapp 651 AN INSIDER'S VIEW OF THE PLLRC: COMMENTS AND SUGGESTIONS Philip H. Hoff 657 EPILOGUE Fred Smith 663 DENVER LAW JOURNAL VOLUME 54 NUMBERS 3-4 BOARD OF EDITORS Editor-in-Chief DAVID H. MILLER Managing Editor Business Editor CONSTANCE C. TALMAGE AUGUST RANDALL VEHAR Public Lands Coordinator MARILYN G. ALKIRE General Editors WILLIAM J. BRADY W. CECIL JONES WENDY J. BUSCH BRIAN A. MAGOON MARGARET NAGEL DILLON HERBERT C. PHILLIPS MARY L. GROVES SCOTT EDWARD SHOCKLEY LESLIE B. SPEED Senior Editors CARLETON L. EKBERG WENDY H. LYNCH WARD L. VAN SCOYK Associate Editors NANCY A. HOPF RAMONA THORSEN ROCKWELL STAFF RONALD L. ANTONIO BErrE A. LINGIS BERNADETTE BAUMAN NEIL E. LIPSON SANDRA D. BESSEGHINI JOSEPH MCMAHON BARBARA J. BILL KATHLEEN S. MAHOOD JAMES E. BOSIK THOMAS J. MANCUSO CATHLEEN OSBORN BRANDT J. GREGORY MORRELL ROSEMARY M. COLLYER MARK MULLER MICHAEL COOK MICHAEL M. PAGE CONSTANCE C. Cox KAREN A. PEREZ FRANCES PITCHER CROSBY JOHN ROBERT OLSEN TERREL ELLIS DAVIS KEVIN O'SHAUNESSY O'BRIEN MEDORA DOUDEN SUSAN B. PRICE STEPHEN M. FLAVIN MARY E. RICKETSON MARY Jo GROSS SHARON OXMAN ROTH LANE E. HAMMOND JOHN L. RUPPERT MARCY HOLLAND MARY M. SCHWERTZ ROBERT A. HOLMES KAY FRANCES THOMAS PAULEY JOHNSON PATRICIA C. BRENNAN TISDALE PETER M. JOHNSON CHARLES THADDEUS TROWBRIDGE BAINE KERR KARIN I. WYMAN ERVIN B. PICKELL DENVER LAW JOURNAL VOLUME 54 1977 NUMBERS 3-4 PROLOGUE PUBLIC LAND LAW REVIEW COMMISSION REVISITED By WAYNE N. ASPINALL* During the late 1950's and early 1960's, several members of Congress, charged with legislative responsibility over the federal lands, became convinced that a new study of these federal na- tional resources was not only timely but was absolutely necessary. The reasons for the study have best been set out in the law au- thorizing the establishment of the Public Land Law Review Com- mission.' In relevant part this law reads as follows: Because the public land laws of the United States have devel- oped over a long period of years through a series of Acts of Congress which are not fully correlated with each other and because those laws, or some of them, may be inadequate to meet the current and future needs of the American people and because administration of the public lands and the laws relating thereto has been divided among several agencies of the Federal Government, it is necessary to have a comprehensive review of those laws and the rules and regulations promulgated thereunder and to determine whether and to what extent revisions thereof are necessary.' The Commission was organized in 1965. It consisted of six members of the United States Senate,3 six members of the House of Representatives,' and six public members appointed by the * Former Chairman of the Public Land Law Review Commission, and Conference Chairman; presently employed as a Natural Resources Consultant, Palisade, Colorado. Act of Sept. 19, 1964, Pub. L. No. 88-606, 78 Stat. 982 (codified at 43 U.S.C. §§ 1391-1400 (1970)). 2 43 U.S.C. § 1392 (1970). 2 The senatorial appointees at the time the report was issued were Gordon Allott (R., Colo.), Clinton P. Anderson (D., N.M.), Alan Bible (D., Nev.), Paul J. Fannin (R., Ariz.), Henry M. Jackson (D., Wash.) and Len B. Jordon (R., Idaho). ' The appointees from the House of Representatives at the time the report was issued were Walter S. Baring (D., Nev.), Laurence J. Burton (R., Utah), John H. Kyl (R., Iowa), John P. Saylor (R., Pa.), Roy A. Taylor (D., N.C.), and Morris K. Udall (D., Ariz.). DENVER LAW JOURNAL VOL. 54 President.' A Chairman elected by the eighteen members of the Commission was aided by eight official federal liaison members, an Advisory Council of twenty-five nongovernment members, fifty governors' representatives, and a staff of professional and clerical personnel headed by a director, the late Milton A. Pearl. The work of the Commission was completed in approxi- mately six years. Its report, One Third of the Nation's Land,6 was delivered to the President and the Congress during the latter part of June, 1970. The Commission's report contained 17 formal rec- ommendations in the introductory summary, 137 specific recom- mendations in the body of the report, and numerous recommen- dations as backup suggestions to the specific recommendations. As of April 1, 1977, some of the recommendations of the Public Land Law Review Commission had been implemented by Congress and approved by the President. Others, which did not need legislative attention, had been implemented through the administrative rulemaking authority of the various federal agen- cies. During the early part of October, 1976, after consultation between Professor John A. Carver and Dean Robert B. Yegge, both of the University of Denver College of Law; H. Byron Mock, former Vice President of the Commission; Charles Conklin, As- sistant Director of the Commission; and Wayne N. Aspinall, Chairman of the Commission, it was agreed to contact former members of the Commission to determine whether a sufficient number favored a Commission reunion in Denver during the early part of 1977. The response was overwhelmingly in favor of such a meeting. The College of Law, in conjunction with the Denver Law Journal, agreed to sponsor the undertaking. Accordingly, the Public Land Law Review Commission Revisited Conference was set for April 1 and 2, 1977. All Commission members were invited. Professor Carver arranged for the program speakers and the subjects of their presentations. The purposes of the conference were agreed upon as follows: I The presidential appointees at the time the report was issued were H. Byron Mock, Robert Emmett Clark, Maurice K. Goddard, Philip H. Hoff, Laurence S. Rockefeller, and Nancy E. Smith. * PuBLic LAND LAW REvIEW COMMISSION, ONE THIRD OF THE NATION'S LAND (1970). 1977 PROLOGUE 385 1.
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