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4: Federal Land Management Systems . — 4 Federal Land Management Systems — -. / Chapter 4.- FEDERAL LAND MANAGEMENT SYSTEMS “ Page Page Public Lands ....... ...... o..... o 55 Conflict Between Access Provisions 80 The BLM Organic Act . 56 Roadless Area Review. 81 Purposes for Which Rights-of-Way Footnote References for National May Be Granted. 56 Forest System ● 81 Information Requirements . 57 National Wild and Scenic Rivers Environmental Impact Assessment. 57 System ● eOm**e 83 Extent of Rights-of-Way . 58 Administration of the System . 83 Right-o f-Way Fees. 58 River Studies . , . 84 Financing Transportation Projects. 58 Protections Afforded Wild and Terms and Conditions . 59 Scenic Rivers. 85 Suspension or Termination . 60 Rights-of-Way . 87 Other Conditions . 60 Footnote References for National BLM Wilderness Study . 60 Wild and Scenic Rivers System . 88 Existing BLM Right-of-Way National Wilderness Preservation Regulations . 63 System . 89 Footnote References for Public Lands 64 Designation of Wilderness Areas. 90 National Park System . 67 Activities in Wilderness Areas. 91 General Authority for Rights-of- Park Wilderness . 94 Way. 67 Wildlife Refuge Wilderness . 94 Statutes Providing forRights-of- BLM Wilderness . 95 WayThroughNationalParks . 69 Forest Wilderness. 95 Applications for Rights-of-Way. 71 Wild and Scenic Rivers Wilderness 96 Rights-of-Way for Highways. 71 Management of Wilderness Study Footnote References for National Areas. 96 Park System. ● . 72 Footnote References for National National Wildlife Refuge System. 73 Wilderness Preservation System. 97 Rights-of-Way Under Section 4 of the Refuge Administration Act . 74 Rights-of-Way Under Other Statutes . 74 Rights-of-Way for Transportation TABLES Systems . 75 Applications for Rights-of-Way. 75 Page Footnote References for National 2. Component Rivers of the National Wildlife Refuge System . 77 Wild and Scenic Rivers System. 84 National Forest System. 78 3. Rivers Designated as Potential The BLM Organic Act. 78 Additions to the National Wild The National Forest Transportation and Scenic Rivers System . 85 System. 79 4. Wilderness Areas in Alaska... 89 Federal Land Management Systems LANDS The Bureau of Land Management (BLM) of rently withdrawn for potential designation as the Department of the Interior administers part of national conservation systems under the Nation’s public lands—those federally section 17(d)(2) of ANCSA. On final congres- controlled lands that have not been placed in sional disposition of the (d)(2) national in- any other specific land management system. terest lands, management of substantial acre- As defined in the Federal Land Policy and age will be transferred to the National Park Management Act of 1976:1 Service, the U.S. Fish and Wildlife Service, 6 The term “public lands” means any land and the Forest Service. and interest in land owned by the United States within the several States and admin- Final conveyances of Native and State istered by the Secretary of the Interior selections will further reduce acreage under through the Bureau of Land Management, BLM management.7 Nevertheless, the BLM without regard to how the United States ac- will still have jurisdiction over millions of quired ownership, except— acres of Alaska land. At present, all public 1. lands located on the Outer Continental lands in Alaska that have not been selected Shelf; and by Natives or the State or withdrawn for d-2 2. lands held for the benefit of Indians, Aleuts, and Eskimos, ’ consideration by Congress have been with- drawn for classification under section Traditionally, BLM lands have been the least 17(d)(l) of ANCSA. Scattered Native and restricted and regulated Federal lands, and State selections have been made in mineral- the most open to development and use. ized areas surrounded by these so-called d-l lands.8 The BLM manages about 60 percent (470 million acres) of all federally owned lands; BLM policies will influence decisions asso- more than half of this area (over 295 million 3 ciated with mineral resource development on acres) is in the State of Alaska. The BLM has non-Federal lands in Alaska. Until legislative interim jurisdiction over public lands in disposition of d-2 lands and final conveyance Alaska that have been selected by Alaska of State and Native selections, the BLM will Natives under the Alaska Native Claims Set- 4 administer more than 75 percent of all lands tlement Act (ANCSA) and lands selected by in the State. After d-2 designations and final the State under provisions of the Alaska 5 land conveyances, it is likely that more than Statehood Act. It also manages lands cur- 100 million acres will remain under BLM ad- Note: Footnotes for this section appear on pp. 64-66, ministration. In many regions, access to non- 55 56 ● Analysis of Laws Governing Access Across Federal Lands Federal lands for mineral resource develop- 50720 or under the withdrawal provisions of ment will involve transportation over and use section 204.21 However, if proposed Federal of BLM lands. use and development are “similar or closely related to” programs of the Secretary for the BLM ORGANIC ACT lands involved, he may enter into cooperative agreements under section 307(b).22 The Federal Land Policy and Management 9 Enforcement of regulations—a serious Act of 1976, commonly referred to as the problem under earlier laws—is enhanced by BLM Organic Act, restructured the public mandatory provisions in all permits. All in- land laws. It gives the BLM comprehensive struments providing for use or occupancy of and explicit authority to manage public lands public lands must contain a provision allow- and resources, and repeals many archaic and ing revocation after notice and hearing for overlapping statutes governing public land violation of any terms or conditions including withdrawal, disposal, and rights-of-way. Title compliance with the applicable State or Fed- V of the BLM Organic Act sets forth right-of- eral air or water quality standards or imple- way authorization for public lands adminis- mentation plans .23 tered by the BLM and for National Forest Sys- tem lands.10 The term “right-of-way” as used in the Act includes “an easement, lease, per- mit, or license to occupy, use, or traverse PURPOSES FOR WHICH public lands” for the purposes listed.ll Sev- RIGHTS-OF-WAY MAY BE GRANTED eral sections of the BLM Organic Act bear on the issue of access; of principal importance Title V of the BLM Organic Act authorizes for access are section 302, which is the gen- the Secretary of the Interior “to grant, issue, eral management authority for public lands;12 or renew rights-of-way over, upon, under, or sections 501-511 (Title V), the Right-of-Way through” public lands, except lands desig- authorization; 13 and section 603, BLM wilder- nated as wilderness.24 The purposes for ness review.14 which a right-of-way may be issued include: Until regulations and directives have been 1. Reservoirs, canals, ditches, flumes, lat- issued under the authority of the BLM Or- erals, pipes, pipelines, tunnels, and oth- ganic Act, the old regulations remain in ef- er facilities and systems for the im- fect.15 These regulations also specify the poundment, storage, transportation, or general application procedure for rights-of- distribution of water; way and easements over lands administered 2. Pipelines and other systems for the by the Fish and Wildlife Service and the Park l6 transportation or distribution of liquids Service. and gases, other than water and other Section 302 of the BLM Organic Act17 than oil, natural gas, synthetic liquid or authorizes the Secretary of the Interior to gaseous fuels, or any refined products regulate the use, occupancy, and develop- produced therefrom, and for storage ment of public lands by several means, in- and terminal facilities in connection cluding easements, permits, licenses, and therewith; 18 leases. The Secretary is directed to manage 3. Pipelines, slurry and emulsion systems, the public lands according to land use plans 19 and conveyor belts for transportation developed under section 202 and to take ac- and distribution of solid materials, and tion necessary to prevent unnecessary or un- facilities for the storage of such ma- due degradation of the land. The Secretary terials in connection therewith; may permit Federal departments and agen- cies to occupy and develop public lands only 4. Systems for generation, transmission, under the right-of-way provisions of section and distribution of electric energy, ex- Ch. 4 Federal Land Management Systems ● 57 cept that the applicant shall also comply INFORMATION REQUIREMENTS with all applicable requirements of the Federal Power Commission under the An applicant for a right-of-way is required Federal Power Act of 1935 (49 Stat. 847; to submit and disclose plans, contracts, 16 U.S.C. 791); agreements, and other information reason- ably related to the use or intended use of the 5. Systems for transmission or reception of right-of-way. 26 In addition to any other infor- radio, television, telephone, telegraph, mation necessary to the determination of and other electronic signals, and other whether the right-of-way should be issued means of communication; and what terms and conditions it should con- 6. Roads, trails, highways, railroads, ca- tain, the Secretary may require a statement nals, tunnels, tramways, airways, live- of the effect on competition of the grant of stock driveways, or other means of right-of-way .27 If the applicant is a partner- transportation except where such facil- ship, corporation, association, or other bus- ities are constructed and maintained in iness entity, information concerning the iden- connection with commercial recreation tity of the participants and the financial structure and control of the entity must be facilities on lands in the National Forest 28 System; or disclosed. 7. Such other necessary transportation or ENVIRONMENTAL IMPACT other systems or facilities which are in ASSESSMENT the public interest and which require rights-of-way over, upon, under, or If the Secretary determines that the use of through such lands.25 a proposed right-of-way may have a “signifi- Phofo Cmdt: OTA Staff Road to former gold mine now provides recreational access, Hatcher Pass, near Palmer, Alaska 58.
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