oversight

Land Use Planning, Management, and Control: Issues and Problems

Published by the Government Accountability Office on 1977-07-28.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                           DOCUMENT RESUME
 02790 - [A2133234]
 Land Use Planning, Management, and Control: Issues and Problems.
 CED-77-101. Jujy 28, 1977. 56 pp. + 4 appendices (21 pp.).
 Staff study by Henry Eschwege, Director, Community and Economic
 Development Div.
 Issuf Area: Land Use Plaaning and Control (2300).
 Contact: Community and Economic Development Div.
 Budget Function: Natural Raesources, Fntironaent, and Energy
      (300); Natural Resources, Envirconment, and Enrgy: Other
      Natural Resources (306); Natural Resources, Environment, and
     Energy: Conservation and Land Management (302).
 Organization Concerned: Department of Agriculture; Department
                                                                of
     Housing and Urban Development; Department of the Interior;
     Environmental Protection AgeDcy.
 Congressional Relevance: House Committee on Interior and Insular
     Affairs; Senate Committee on Agriculture, Nutrition, and
     Forestry.
 Authority: Coastal Zone fanagoeent Act of 1972 (P.L. 92-583;
     P.L. 94-370). Federal Land Policy and Management Act (P.L.
     94-579). Federal Eater Pollution Control Act Amendments of
     1972. Alaska Native Claims Settlement Act. Alaska Statehood
     Act. Forest and Rangeland Renewable Resources Planning Act
     of 1974, National Forest Management Act of 1976. Clean Air
     Act of 1970, as amended. Solid Waste Disposal Act of 1965,
     as amended. Noise Control Act of 1972. Water Resources
     Planning Act of 1965.

          The land use planning, management, and control area is
 concerned with planning for the use of lands, regardless of
 ownership, and fostering better management of the Nation's land
 and related resources. Planning for the use of lands includes
 those activities which are directed to: the future use of
Federal lands; encouraging and assisting  State, regional, and
 local governmental and special-use jurisdictions in planning
                                                               for
 the use of lands within their jurisdictions; and planning for
functional activities which have significant impacts on the
future uses of land or related resources and are accomplished
with Federal assistance. Issuds meriting priority attention
include: (1) Are existing land planning programs adequate or
there a need for a national land use policy and program? (2) is
Federal lands and related resources being effectively managed Are
                                                                on
a aultiple-use basis with adequate consideration to competing
needs? (3) How effective are Federal programs designed to
promote the development, rehabilitation, conservation, and
preservation of nonpublic lands and related resources? (4) Are
Federal programs and activities effective in meeting shortages
of outdoor recreation? (5) Are federally owned and federally
supported recreation areas being properly developed, managed,
and maintained? and (6) What are the effects of tax policies
                                                              on
land use? (SC)
°      is~w>>eSTUDY BY THE STAFF OF THE
ro'-       '  UNITED STATES
              GENERAL ACCOUNTINGS OFFICE




                      LAND USE PLANNING,
                   MANAGEMENT, AND CONTROL



              ISSUESC
                   AD PROBLEMS




         .   CEaD-77-1O1          JULY 28, 1977
                         FOREWORD

     Perhaps no other country on this earth has been, or is,
as fortunate as the United States. Piessed with a large
area, a favorable climate and fertile soil, an abundance of
a variety of natural resources, an industrious people, and
a government olore responsive than most to the wants and needs
of its people, the United States ha:s achieved a position of
a highly developed nation unparralled in history. This has
been achieved for the most part, through private rather than
governmental initiative anJ through a reliance on economic
considerations to allocate resources.

      It is difficult to deny, however, that our traditional
approaches to achieving progress and allocating resources
have often resulted in widespread abuse and waste. Air,
water, and noise pollution, massive urban sprawl, the loss
of valuable wetlands and marshes, the destruction of towns
and cities built in floodplains, soil erosion caused by
overgrazing and indiscriminate logging, unrestored strip
mined areas, and the destruction of historic, cultural-
aesthetic, and recreational sites are oily a few of the
legacies of our traditional approaches, particularly with
respect to land.

     An expanding population and economy demand land and re-
sources. How we use our land and resources, however, will
determine whether our children and grandchildren will con-
tinue to enjoy today's economic and social well being. Proper
land use planning, management, and control is an area of
great importance, too long deferred as a matter of national
concern.

       As part of our continuing reassessment of areas of na-
tional concern and interest, and as an aid to focus our own
work efforts, we have attempted to identify problems and
  3ssues within the land use planning, management, and control
area meriting attention. This study identifies and describes
what we believe to be the problems and issues in the area
and represents the perspective we use to organize our audit
efforts.

     We hope that this study will be of assistance to others
in carrying out their activities and that it will foster a
better understanding of the land use planning, management,
and control area.
     This study was developed by the Community and Economic
Development Division with the cooperation of and input from
other divisions and offices. Questions regarding the study
should be directed to David L. Jones, Assistant Director,
275-5834.




                                 Director
                                 Community and Economic
                                   Development Division




                            ii
                      Contents
                                                     Page
FOREWORD                                               i
CHAPTER

  1        OVERVIEW OF LAND USE PLANNING,
             MANAGEMENT, AND CONTROL
             MATTERS AREA                              1
              Definition and scope                    1
              Perspective on land use                 2
              The Federal role                        7
              Major legislation impacting on
                the area                              11
              Congressional Committees and
                Subcommittees                         16
              Other organizations concerned with
                the area                              16
 2         LAND USE PLANNING, MANAGEMENT, AND
             CONTROL ISSUES                           17
 3         ISSUES MERITING PRIORITY ATTENTION         20
            Are existing land planning programs
              adequate or is there a need for
              a national land use policy and
              program?                                20
            Are Federal lands and related re-
              sources being effectively managed
              on a multiple use basis and giving
              adequate consideration to competing
              needs?                                  27
            How effective are Federal programs
              designed to promote the develop-
              ment, rehabilitation, conservation,
              and preservation of non-public lands
              and related resources?                  35
            Are Federal programs and activities
              effective in meeting shortages of
              outdoor recreation?                     41
            Are Federally-owned and Federally-
              supported recreation areas being
              properly developed, managed, and
              maintained?                             44
CHAPTER                                               Page

           What are the effects of tax
             policies on land use?                      48
  4       OTHER LAND ISSUES                             50
           How can land use planning assist in
             solving environmental problems?            50
           How can the multile land use con-
             flicts associated with energy
             development be resolved?                  50
           How can urban planning be mace more
             effective?                                51
           How can Federal land occupancy, use,
             and trespass and disputed title
             problems be resolved?                     51
           How effective are Federal organization,
             administration, administrative and
             budgeting procedures, including
             Federal legislative jurisdictions with
             respect to land use matters?              52
           What are the effects of the Federal
             Government's tax immunity on land
             use?                                      53
           How can the problem of land grants to
             States be resolved?                       54
           Are Federal land acquisition, disposal
             and exchange laws, policies, and pro-
             cedures effective in meeting their
             established goals?                        54
           Are the economic returns from the uses
             of Federal lands adequate?                55
           Are Federal recreation concession
             operations being properly managed
             for the benefit of the public?            55
APPENDIX
                                                   Pa
 I         Selected Federal departments and
             agencies with programs and
             activities impacting on land use
             planning, management, and control
                                                    57

 II        Significant legislation impacting on
             land use planning, management, and
             control
                                                    63
 III       Congressional committees and sub-
             committees with interest in or
             responsibilities in land use plan-
             ning, management, and control
             activities
                                                    74
 IV        Selected organizations concerned
                                            with
             land use planning, management, and
             control matters
                                                    77
                          CHAPTER 1
  OVERVTIEW OF THE LAND USE PLANNING,MANAGEMENT,   AND CONTROL
                            AREA

     Man is a land animal. Although about seventy percent
of the earth's surface is covered by water, it has been
on the solid footing of land that mail has survived and
prospered. For the most part, it has been land which has
provided the resources by which man has fed, ulothed, and
sheltered himself.

     In recent years, an awareness that land and its re-
sources are limited and subject to deterioration or dissipa-
tion has led to a growing concern over how land is being
used and how it should be used in the future. This concern,
in turn, has led to the recognition that there should be
orderly planning and some degree of control over land use,
to protect  ital resources and the well-being cf all who
depend on these resources.

DEFINIIION AND SCOPE OF THE ISSUE AREA

     The land use planning, management and control area is
concerned with planning for the use of lands, regaruless of
ownership, and fostering better management of the nation's
land and related resources. Because most human activity
is land bahed, this issue area is interrelated with other
highly important areas.

     Planning for the use of lands includes those activities
which are directed to (1) the future use of Federal lands,
(2) encouraging and assisting state, regional, and local
governmental and special use jurisdictions in planning
for the use of lands within their jurisdictions, and (3)
planning for functional activities, such as housinc trans-
portation, recreation, water and se.ver systems, e'c., which
have significant impacts on the future use of land or re-
lated resources and are accomplished with Federal assistance.

     The land management portion of the issue area is con-
cerned with the actual policies, practices and procedures
used in the management of land and related resources, in-
cluding agriculture, forestry, fish and wildlife, recrea-
tion, mineral, grazes, and watershed activities. Much
of the emphasis in this area is directed to Federal lands,
but the Federal programs and activities derigned to aid,
encourage, and promote good land management practices for
non-Federal lands are also of importance.


                          -   1   -
     Land use planning, maneaement, and control cannot be
looked upon as an entity unto itself; nor can it be viewed
as an area of only Federal involvement.  The entire area
is pervasive and is interrelated with other areas.  In
addition, many state and local activities have a definite
impact on the area and must be considered.

PERSPECTIVE ON LAND USE

     Land use planning, management, and control is a complex,
highly controversial subject matter.  Tt involves population
and economic growth, multiple use of land and resources,
controversies over tradeoffs between competing land uses,
individual aspirations and rights versus the public good,
and Federal, state, and local government rights and
responsibilities.

Population and Economic Growth

     In 1790, when the first national census was taken, the
population of the United States was four million.  Only five
percent of the 1790 population lived in urban areas.  Of the
95 percent living in rural areas, 85 percent lived on farms.
The populated area of the nation generally consisted of a
small band of land, bounded on the east by the Atlantic
Ocean and on the west by the Allegheny Mountains.

      Much of the population in 1790 was concerned with eking
out a  subsistence living through farming, fishing, hunting,
and trading.   The lands between the Allegheny and the
Mississippi were beginning to attract settlers because
of the tales of fabulous riches, but the lands west of the
Mississippi were virtually unknown.

     In the intervening years between 1790 and the present,
the United States grew from farm to small town to city to
metropolis. Today the population of the United States ex-
ceeds 200 million, of which about 75 percent lives and works
in urban areas.  A highly industralized economy has re-
sulted, and the average family income is over $12,000
annually.  The nation is settled from coast to coast and
the wilderness has been conquered.

     There are many factors which have contributed to the
dramatic growth of the United States, but two of the more
important factors have been an abundance of land and natural
resources and a historical philosophy which held that nature,




                            - 2 -
particularly land and land based resources, had to be con-
quered. Land was viewed as a commodity to be bought, sold,
and exploited.

     Growth has not, however, been without cost. As popula-
tion, employment, and shopping centers move to the suburbs,
the cities face the problems of inadequate housing, trans-
portation, public facilities, open space, air, water and
noise pollution, a declining tax base, and a concentration
of minorities, poor, and the elderly. At the same time the
move to the suburbs has consumed large areas of farms,
forests, streams, wetlands,. and open space. In addition,
the suburbs face the problems of uncontrolled development
patterns, poor transportation to e-mployment areas, and high
costs for water, sewer, utilities, schools, and police and
fire protection. The pictures on the following page show
the results of urban growth.

     Rural areas have also paid a price for growth and urban-
ization. Farming methods have been highly mechanized and
employment opportunities in other industries such as fishing,
mining, and forestry have declined. As people migrate from
rural areas, and tax bases decrease, public services decline
and housing becomes substandard. In 1970, more rural fami-
lies (13.5 percent) than urban families (7.9 percent) were
below the poverty level.

     Despite the problems associated with it, growth and
urbanization are not expected to stop in the near future.

     By the year 2000, the nation's population is expected
to expand by a minimum of 40 million and five-sixths of the
people are expected to live in urban areas. The annual
average family income is expected to exceed $21,000 and
per capita consumption expenditures are expected to double.

     The impact of this growth on land use will be signifi-
cant. The Commission on Population Growth and the American
Future projects that by the year 2000, 20 million more
acres of land will be urbanized and much farm and rural land
near cities will disappear. According to Resources for the
Future, by the year 2000 if present trends continue, demand
for lands for all uses -- crop land, forest, grazing, re-
creation, and urban uses -- W:ill add up to 50 million more
acres than the country currently has.

     An expanding popuiation and economy demand land and
lated resources and in terms of sheer quantity the United re-
States possesses a vory comfortable supply. The problems
and controversies arise with respect to the quality of the
land and how it is used and controlled.


                            - 3-
SOURCE:   DEPARTMENT OF INTERIOR




            fix   ~~~ ~   ~   ~   ~   ~   ~   ~   ~ ~   r
                  -4-




   rr;
           1LL 5*·~~~~
 Controversies

      In the future difficult decisions will need to be
 made concerning Lhe balancing of diverse needs
 These decisions will be very controversial and and demands.
                                                will to some
 extent touch the lives of all Americans.

      Multiple and competing land uses
      Land is finite, yet the demand for land continues
 grow. How will land be allocated to competing           to
                                                uses?   For
 example:

      -- If a reliance on frreign energy sources is to
         be decreased, development of the vast western
         energy sources will be necessary. However the
         lands containing these resources are also valuable
         for food production, recreation, wildlife, and
         watershed purposes. Which lands should be pro-
         tected or reserved for other purposes and which
        developed for energy? What should be the re-
         clamation requirements for those lands mined?
         How are the social impacts and growth from
        energy development to be dealt with?
     -- If food production is to be increased to keep
                                                      pace
        with our expanding population and provide surpluses
        to meet world demands, new agricultural land will
        be needed. Wh re will this new land be found?
        Will valuable fish and wildlife producing wetlands
        be drained; will forests be cleared; or will re-
       creation lands be plowed under?
     Individual aspirations an( rights versus the public
                                                         good
     Many people immigrated to the United States
were not allowed to own land in the countries of because they
The ability to own land in this country offered their birth.
freedom but also the hope for a better life. Overthem not only
                                                    a period
of time, the concept of "my land is mine to do
became very much a part of the American ethic. with  as I wish"
                                                This
has been further reinforced by the Fifth Amendment    concept
                                                    to the
Constitution which provides that:

     "No person shall***be deprived of life, liberty,
      or property, without due process of law; nor
      shall private property be taken for public use
      witout just compensation."




                           - 5 -
       Americans have always had some restrictions
 the manner in which they can use their property, placed on
 cent years there has been trend toward even greaterbut in re-
 control over land use. Advocates of strong public public
                                                      controls
 argue that in some cases the public good transcends
 privatce right to buy and sell property and that      the
                                                   development
 of property is as much a privilege as a right.

     The "taking" issue thus centers on the extent to
government can limit the use of private property.      which
has largely been left to the courts to decide on    This issue
                                                  a case
case basis and the debate continues to invoke emotional  by
responses.

      Federal, state, and local government
      rights and respo"TnsbitFies
     The Federal Government's attitude toward land
                                                    use plan-
ning has traditionally been one of laissez-faire
                                                  -- leave it
to someone else, state, lccal, private -- anybody
                                                   but the
Federal Government. To a large extent, state governments
also adopted the laissez-faire attitude and consequently
most planning and control activities were delegated
governments.                                         to local
              Under the police powers of the state, local
governments controlled the use of land, primarily through
zoning and subdivision regulations.

      In recent years, however, all levels of government
become aware that many land use decisions have             have
are of greater than local concern. The Federal   impacts  which
                                                  Government's
 interest in land use has been revived because of
                                                    problems
such as energy development and air and water pollution
transcend state boundaries. State governments             which
Federal involvement in many land use decisions  argue   that
                                                 is
ment on states rights and that land use problems an infringe-
easily solved at the state level. At the same       are more
                                                time, local
governments jealously guard their traditional
                                               powers of land
use control and argue that the vast majority of
decisions concern only local affairs and are      land use
                                              best handled
at that level.




                             6 -
 THE FEDERAL ROLE

     Despite its traditional laissez-faire attitude toward
land use planning the Federal government has been involved
in land use matters from the very beginning of the nation.
This involvement has been both direct and indirect and has
been a powerful influence in shaping land use patterns.

     At one time or another, over 75 percent of the 2.3
billion acres of land in the United States became  the pro-
perty of the Federal Government through purchase, annexation,
or seizure. Over the years, however, title to about 1.1
billion acres has been transferred to individuals, busi-
nesses, and non-Federal Governments. About 298 million
acres were removed from Federal ownership under the home-
stead and desert lands acts and another 328 million acres
were granted to the states for public school, transportation,
and general eccnomic development purposes. Millions more
acres were granted to railroads to encourage the development
of the frontier. Much of the land tranferred rom Federal
ownership WdS granted free of charge or for a mninimal
sometimes as low as $ .25 per acre.                    fee,

     Today the Federal Government owns about 760 million
acres of land, or about one-third of the nation's land re-
sources. This land provides many resources essential
the economy and health of the Nation, including energy to
fuels and other minerals, timber, rangeland, water, fish
and wildlife, recreation and areas of scenic beauty.

     About 60 percent of the Federal land is administered
by the Bureau of Land Management, Department of the
Interior, and about 25 percent by the Forest Service,
Department of Agriculture. A summary of the acreage under
the jurisdiction of the major Federal land management
agencies as of June 30, 1974, is as follows:




                          - 7 -
                                          Thousands of acres
     Bureau of Land Mangement
     Fish and Wildlife Service                 470,341
     National Park Service                       30,812
     Other Interior agencies                    24,819
     Forest Service                             12,535
     Department of Defense                     187,247
     Other agencies                             30,736
                                                  4,042
           Total
                                               760,532

Of the above acreage, about
and 346 million in the 11    352 million acres are in Alaska
                          western states. The remaining
63 million acres are scattered
                                throughout the country.  The
map on the following page
                          shows Federal land distribution
throughout the United States.

      In addition to the Federal
lands, Federal programs for      responsibility for public
                             housing, highways, airports,
mass transit, sewer and water
grams, open space, agriculturalgrants, environmental pro-
projects and the like affect     subsidies, water resource
governments as well as by     land use by state and local
                           private owners and Involve
use activities that must recognize                    land
                                    these diverse interests.




                          - 8 -
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     A 1973 study prepared by the Library of Congress showed
that 23 Federal departments and agencies were administering
programs which impact on land-use policy and/or planning,
including at least 112 Federal land-oriented programs.
The range of activities supported by these programs is very
broad.  For example:

     --   53 programs promote housing and community
          development activities;

     -- 19 progrars support use of land for recrea-
        tion, agriculture, forestry, wildlife, or
        other open space uses through conservation
        of soil, water, and plant materials, and
        other protective measures;

     -- 8 closely related programs are oriented to
        prevention of floods and erosion, stabiliza-
        tion of shorelines, and other protective
        measures;

     --   5 programs assist the construction or extension
          of utility systems and services required to
          support intensive land use;

     --   17 programs provide similar support for trans-
          poLtation systems of all types;

     -- 9 programs are designed to stimulate economic
        development in general;

     -- 20 programs support construction or rehabilitation
        of community facilities for health, educational,
        cultural, and other purposes; and

     -- 6 programs facilitate transfer of land from
        Federal to non-Federal entities.

     With respect to the management of Federal lands, the
principal agencies are the Departments of Agriculture,
Defense, and the Interior.   During fiscal year 1977, the
civilian land management agencies -- namely the Forest Service,
Bureau of Land Management, National Park Service, and the
Fish and Wildlife Service -- will expend an estimated $1.8
billion for management of tihe lands under their control.
Information on Defense Department expenditures for land manage-
ment activities, including the civil functions of the Army
Corps of Engineers is not readily available.




                            -   10 -
      For programs which provide assistance in planning for
 the future use of non-Federal land and related resources
 or which have significant land use impacts, the principal
 agencies include:

     --   Department of   Agriculture
     --   Department of   Commerce
     --   Department of   Housing and Urban Development
     --   Department of   the Interior
     --   Department of   Transportation
     --   Environmental   Protection Agency

     Appendix I contains a nmore detailed listing of the
agencies and programs and activities which impact on the
land use planning, management, and control issue area.

MAJOR LEGISLATION IMPACTING
ON THE ISSUE AREA

     Thousands of individual pieces of legislation impact
on the land use planning, management, and control area.
Until recently, the Bureau of Land Management alone operated
under 3,500 different and frequently conflicting laws,
hundreds of court decisions, and thousands of administrative
precedents. Appendix II contains a listing of significant
legislation impacting on the area. Major legislative initi-
atives are discussed below.
Federal land use_ lannig assistance
     This is a matter of great controversy. Proponents of
this legislation argue that comprehensive statewide land
use planning is needed to insure proper uses of land and
that a Federal program to provide States with the necessary
financial resources to carryout such a program is needed.
Opponents of a Federal program generally agree that land
use is a matter of local concern and they fear that such a
program would be a step in the direction of Federal inter-
ferance in State and local matters.

     Legislation to establish a Federal land use planning
assistance program has been introduced in Congress for
many years. Such legislation was passed by the Senate in
1973 and 1974, but failed to pass the House both years.

     Two similar bills (S. 984 and
in the 94th Congress to establish aH.R. 3510) were introduced
                                    voluntary system of
Federal grants to assist states in developing and implement-
ing land resource and planning programs. Although the bills




                             -   11   -
differed in some matters, both would have required par-
ticipating states to develop land use programs which in-
cluded a statement of policies defining the states' role
in land use decisions and procedures for planning or re-
gulating key facilities, large scale subdivisions, develop-
ments of regional impact, and areas of critical state con-
cern.  The State program vas also to include policies and
procedures to promote continued use and productivity of
prime food and fiber producing lands, and policies and pro-
cedures to encourage land use patterns designed to conserve
energy. H.R. 3510 also requires Federal public land agen-
cies to develop and maintain la.,d use plans for areas under
their jurisdiction.

     Hearings were held on S. 984 in April and May 1975, but
no further action was taken.  Hearings on H.R. 3510 were held
in March and April 1975.  On July 15, 1975, the House Interior
Committee voted not to report H.R. 3510 by a vote of 23-19.

     The 95th Congress is again expected to take up the ques-
tion of Federal land use planning assistance.  Several bills
dealing with land use or areawide planning have already been
introduced in Congress and additional bills are expected to
be introduced later in the session.

Stripmining

     On May 20, 1975, the President vetoed H.R. 25 which
would have regulated surface coal mining on non-Federal
lands and established similar safeguards for surface mining
and reclamation operations on Federal lands.  An effort to
override the veto in the House failed on June 10, 1975.
Legislation similar to H.R. 25 (H.R. 9725) was passed by the
House Interior and Insular Affairs Committee on February 24,
r976, but failed to obtain a rule from the Rules Committee
on March 23, 1976. A third attempt to pass stripmining
legislation (H.R. 13950) was reported out by the House
Committee on Interior and Insular Affairs on August 20, 1976.
This bill, also failed to obtain a rule from the rules
Committee on September 15, 1976.

     Almost immediately upon the convening of the 95th
Congress, stripmin,.g legislation was again introduced.
H.R. 2 was introduced on January 4, 1977, and S. 7 was in-
troduced on January 7, 1977.  Extensive hearings have been
held on these bills and they are expected to easily pass
Congress. The Administration has also strongly endorsed
the proposal before Congress and the President has announced
that he will sign the legislation.




                           - 12 -
 Coastal Zone Management Act
       The Coastal Zone Management Act of 1972 (P.L. 92-583)
 provided for development of a national program
 and protect the land and water resources of the to manage
                                                  coastal
 zones and authorizes Federal grants to the States
                                                     to
 them in managing their coastal zones. P.L. 94-370, help
 on July 26, 1976, amended the 1972 Act to authorize approved
 billion coastal energy impact program ($800 million a $1.2
                                                        in loan
 and bond guarantee authority and $400 million in
 grants) of Federal aid to coastal states to assistdirect
                                                      in deal-
 ing with the effects of offshore gas and oil development.
 Loans and guarantees are authorized to aid in providing
 or improved public facilities or services needed           new
 sult of coastal energy activity.                  as  a  re-

     Although this legislation has been in existence
several years, in many respects it is as controversialfor
the proposed Federal land use planning program.         as
Zone program was enacted in 1972, but it was not  The Coastal
until fiscal year 1974. To date, progress under funded
                                                  the pro-
gram has been limited--most states are still developing
coastal zone programs. In addition, states have
delays and hdve had trouble obtaining funding,    experienced
                                                developing
necessary implementing authority, receiving public
                                                    and
political support, and coordinating program development
relevant Federal agencies.                               with

Agricultural   land protection
     As demand for food has increased in recent
questions have arisen as to whether the United years,
traditionally one of the world's bread baskets, States,
                                                 will have
sufficient agricultural land in the future to save
                                                     its
increasing population, as well as the exploding
market. The diversion of agricultural land to export
                                                non-
agricultural uses and increasing erosion of agriculture
lands are among the topics of high importance to
Congress and the public.                          the

     During the 94th Congress, legislation was passed
called for a long range mechanism for making policy     which
age the wise and orderly development of the Nation's to  encour-
                                                      soil
and water resources. The legislation called for
appraisal of the Nation's lend, water, and related(i) an
sources, and (2) the development of a national land re-
water conservation program by the Soil Conservation and
Department of Agriculture. This legislation was      Service,
                                                 vetoed by




                            - 13 -
the President, but similar legislation has again been in-
troduced in the 95th Congress.  S. 106 was passed by the
Senate in March. 1977, and by the House in May.  Also,
several bills have been introduced to improve soil con-
servation programs and at least one bill specifically
addressing the question of the diversion of agricultural
lands is before the Cong:ess.

Wetlands protection

     In recent years, the value of wetlands as a primary
source of the protection of aquadic life has been recog-
nized and legislation designed to protect such areas has
been enacted.  Under the Federal Water Pollution Con-
trol Act Amendments of 1972, the Army Corps of Engineers
is charged with the protection of wetlands through a permit
program for the disposal of dredge and fill materials.

      Much controversy surrounds the Corps interpretation and
implementation of the permit program.   Agriculture, forestry,
and other interests believe the Corps interpretation of the
Act interferes with their normal activities and favor limit-
iiig the Corps control over wetlands.  Other interests, how-
ever, favor the Corps to retain broad control over practi-
cally all wetlands.   Several attempts have been made in
Congress to limit the Corps wetland authority, but none have
been successful to date.

     This matter is again of interest to the 95th Congress.
Several bills to redefine the Corps 'uthority over wetlands
have been introduced and some type of limiting authority
may be enacted.

Alaska lands

     Under the Alaska Native Claims Settlement Act and the
Alaska Statehood Act, significant amounts of currently
Federally-owned land will be transferred from the present
jurisdiction of the Bureau of Land Management to the U.S.
Forest Service, National Park Service, and Fish and Wild-
life Service, and to Alaska Native groups and the State
of Alaska.  About 44 million acres will be transferred to
Alaska Native ownership, about 103 million acres will be
selected by the State of Alaska, and over 80 million acres
will be placed in the national forest, park, wildlife ref-
uge, and wild and scenic rivers systems.




                          -   14 -
     Alaska is the last "frontiet" remaining in the United
States and has significant mineral, timber, wildlife, rec-
reation, and scenic resources.  Therefore, the selection of
lands for various ownership categories .is somewhat contro-
versial and of extreme importance to many interests. This
matter is expected to receive very close attention by the
Congress in the immediate future.

Federal Land Policy and Management Act (BLM Organic Act)

     On October 21, 1976, the President signed the Federal
Land Policy and Management Act (P.L. 94-579), which for the
first time set forth in a single statute the authority for
the management of the more than 450 million acres of public
lands administered by the Department of the Interior through
the Bureau of Land Management. The Act, among other things

     -- Authorizes the Secretary of Interior to manage
        the public lands in accord with the principles
        of multiple use and sustained yield; to allow
        their use by persons holding permits, leases
        or licenses from the Federal government, and
        to regulate that use in a variety of ways in-
        cluding ensuring the observance of environmental
        rules;

    -- Requires the Secretary to develop comprehensive
       land use plans for the public lands, to main-
       tain an up-to-date inventory of the lands and
       their resources, and to identify areas with
       potential for wilderness status, and to con-
       duct mineral surveys of such areas before re-
       commending that they be included in the wilder-
       ness system;

    -- Provides Congress with a larger role in public
       land management decisions, including allowing
       Congressional review and veto of executive
       decisions to sell tracts of public land totall-
       ing more than 2500 acres or to withdraw from
       mining, grazing, or timber production tracts
       of public land totalling 5000 acres or more;
       and

    -- Directs the Secretaries of Agriculture and the
       Interior to conduct a study to determine the
       value of grazing on public lands.




                            - 15 -
     The Bureau of Land Management is the largest Federal
land management agencies and for many years, the Bureau's
administration of the public lands has been very contro-
versial.  Because of the importance of the public lands
for mineral, range, timber, wildlife, and recreation
purposes, the manner in which the Organic Act is imple-
mented will be of great importance to the Congress and
the public.

National   forest management

     The Forest and Rangeland Renewable Resources Planning
Act of 1974 provides for protection and development of
national forest lands through formulation of a long-range
forestry policy and making renewable resource assessments,
expanded resource surveys and annual progress reports.
This Act was amended and strengthened by the National Forest
Management Act of 1976, which eliminates restrictions im-
posed by the courts in recent rulings on the clearcutting
of timber in the National Forests and sets legislative
prescriptions for forestry management.

     As with the Bureau of Land Management's administration
of its lands, the Forest Service's land management activities
have also been somewhat controversial, particularly with
respect to the clzarcutting of timber on the National Forests.
Implementation of the 1974 and 1976 Acts by the Forest Serv-
ice will be of high interest to the Congress in the future.

CONGRESSIONAL COMMITTEES AND SUBCOMMITTEES

     There are 65 congressional committees and subcommittees
which have responsibilities related to the land use plann-
ing management and control issue area.  These committees are
listed in appendix III.

OTHER ORGANIZATIONS CONCERNED
WITH THE ISSUE AREA

     A variety of private, and public interest organizations
are concerned with land use planning, management, and con-
trol matters.  Many of these organizations have active pro-
grams concerning land use.  Appendix IV contains a listing
of such organizations.




                               - 16 -
                            CHAPTER 2
          LAND USE PLANNING, MANAGEMENT, AND CONTROL ISSUES
     The following issues were identified as meriting
attention within the next 2 years.

    *1.   Are existing land planning programs adequate or is
          there a need for a national land use policy and
          program?
    *2.   Are Federal lands and related resources being
          effectively managed on a multiple use basis, and
          giving adequate consideration to competing needs?
    *3.   How effective are Federal programs designed to pro-
          mote the development, rehabilitation, conservation,
          and preservation of non-public lands and related
          resources?
    *4.   Are Federal programs and activities effective in
          meeting shortages of outdoor recreation?
    *5.   Are Federally-owned and Federally-supported recrea-
          tion areas being properly developed, managed, and
          maintained?
    *6.   What are the effects of tax policies on land use?
     7.   How can land use planning assist in solving environ-
          mental problems?
     8.   How can the multiple land use conflicts associated
          with energy development be resolved?
     9.   Hot can urban land use planning be made more
          effective?
     10. How can Federal land occupancy use and trespass
         and disputed title problems be resolved?
     11. How effective are Federal organization, administra-
         tion, administrative and budgeting procedures, in-
         cluding Federal legislative jurisdictions, with
         respect to land use matters?

*Designated for priority attention.




                           - 17 -
     12. What are the effects of the Federal Government's
         tax immunity on land use?
     13. How can the problems of land grants to states
         be resolved?
     14. Are Federal land acquisition, disposal, and
         exchange laws, policies, and procedures effective
         in meeting their established goals?
     15. Are the economic returns from the uses of Federal
         lands and resources adequate?
     16. Are Federal recreation concessions operations being
         properly managed for the benefit of the public?
     After thoroughly considering all the issues identified
above, the first six issues were designated for priority
attention. These issues were selected for priority
attention because:

    -- Land use planning is highly controversial and
       offers an excellent opportunity to address
       the effectiveness of existing land use plann-
       ing programs, the problems of coordinating
       planning programs and programs which impact on the
       use of land, the problems associated with land use
       controls, and whether there is a need for a national
       land use planning policy and program.

    --The manner in which Federal lands are managed may
      well determine whether the Nation will have suffi-
      cient timber, range, fuel and non-fuel mineral re-
      sources in the future. This issue provides a good
      basis for addressing the need for changes in
      legislation, as well as improvements needed in
      resource management activities.

    -- As the demand for various resources increases, pri-
       vate land with important agricultural, forestry,
       wildlife habitat, and historical values are being
       placed under increased pressure for use for other
       purposes. In response to public recognition of the
       value of such lands, a variety of Federal programs
       have been enacted to conserve, protect, properly




                          - 18 -
        develop and where necessary, rehabilitate
                                                   these
        lands. This issue offers the opportunity
                                                   to
        address the effectiveness of Federal efforts
        insure that private lands with important      to
                                                  resource
        values will continue to be available to
        Nation's economic and cultural needs.    meet the

      -- Recreational facilities are important
         physical and emotional well being of ato the
         expanding and mobile population, but toolarge,
                                                   often
         in the past the provision of such facilities
         has been inadequate, they have not been
                                                  located
         so as to serve the areas of greatest need,
         they have not been properly developed,       or
                                                 maintained,
         and managed. Recreation programs, however,
         often been the first ones eliminated during have
                                                       budget
        crises, resulting in increased overcrowding
        existing facilities, staffing reductions,      of
        deterioration of facilities. The need       and
                                                for adequate
        recreational opportunities has been recognized
        a number of Federal commissions, and most         by
        by the President. The Federal Government recently
                                                   is a major
        factor in the provision of recreation opportunities
        and the issue provides a good basis to
        effectiveness of the Federal efforts. address the
      --The effect of taxes on land use has been
        by many sources to hinder good land use inferred
                                                 planning and
        management, but it is not clear as to
                                               what
        or is being done to minimize such effects. has been
        an overall study of this matter, the issue Through
        the potential to (1) determine approaches offers
        various taxing authorities to minimize      used by
                                                or abate
        the effects of taxes and comment on the
        ness of such approaches, and (2) possiblyeffective-
                                                   suggest
        changes in taxing policies and procedures
                                                    in order
        to promote good land use planning and management.
     Congressional and public concern expressed
                                                  toward the
areas identified for priority attention
                                         indicate
stand out above the other areas identified.        that they
of these issues for priority attention        The  selection
                                        is further reinforced
by the inclusion of several of these matters
of either both or one of the major National   in the platforms
                                             political parties.




                         -   19 -
                         CHAPTER 3

              ISSUES MERITING PRIORITY ATTENTION


ARE EXISTING LAND PLANNING PROGRAMS
ADEQUATE OR IS THERE A NEED FOR A
NATIONAL LAND USE POLICY AND PROGRAM?

     Despite a feeling among many people and groups that a
national land use planning program would be desirable, re-
peated attempts by the Congress to enact such legislation
have failed and there is no national land use planning pro-
gram. Land use planning and control has traditionally been
exercised at the local government level, primarily throuah
the exercise of zoning authority, which is fray...t..
a myriad of political and special use jurisdictions. RecenL
attempts by state governments to exert some control over the
use of lands within their boundaries by establishing stand-
ards and criteria for local governments, and more recently
regional planning authorities, have met with mixed success.

     Although a national land use planning program has not
been enacted, the Federal Government does play a major rcla
in land use planning in three ways -- through the control
of Federal lands; through regulatory and planning aid pro-
grams; and through assistance in providing infrastructure
investments.
      With respect to Federal lands, the Government has a re-
sponsibility to plan for the use of its land and can directly
control the planning and use of about one-third of the Nation's
land resources. The significance of this responsibility is
further increased because the decisions applicable to Federal
lands impact on contiguous non-Federal lands. Under the Forest
and Rangeland Renewable Resources Planning Act of 1974, the
U.S. Forest Service is required to plan not only for the future
use of Federally-o'--d lands, but also to develop programs
for the advancement of the Nation's 1.6 billion acres of
forest and range lands, regardless of ownership. The planning
programs and activities of other Federal land management
agencies will also have impacts on non-Federal lands. Thus,
as the demands for energy fuels and other minerals, timber,
forage, water, fish and wildlife, and other resources increase,
the Federal responsibility to plan for the proper utilization
of its land resources will take on added significance and
 importance. The conceptualized land use plan on the following
page demonstrates how public lands could be used on a multiple
use basis.



                            - 20 -
CONCEPTUALIZED LAND USE PLAN FOR ASECTION
              OF PUBLIC LAND
 Watershed    g)            Wildlife                        Timber


 Recreation                 Mining                          Livestock




              41C~~~~t~4
                     ~~L~iA




                            -~~~.~~flp.~u,




                                       i··'.   ~ ~~ ~ ~ ~ ~~~______________________________________
                                                    ·                                                 I-~·
                   I·~~~~                               21i··
                                                            -''




                                                    - 21 -
     Second, through a variety of regulatory and planning aid
programs, the Federal Government also plays a significant role
in planning for the use of non-Federal lands.  Some of these
programs play a very major role because they either dictate
strong land use controls or require permission for certain
land uses.  For example:

     --the coastal zone management program, administered
       by NOAA, requires, as a condition of participation,
       that states and/or local governments develop and
       implement plans for the use of non-public lands
       within the coastal zone;

     -- the national flood insurance program, administered
        by HUD, requires, as a condition of Federal assist
        ance, that local communities develop flood plain
        control ordirances;

     -- the Corps of Engineers dredge and fill permit pro-
        gram under Section 404 of the Federal Water Pollution
        Control Act Amendments of 1972, requires a permit from
        the Corps for the dredging and fill of wetlands,
        regardless of ownership.

     Other programs, which on the surface appear to be
concerned with issue areas other than land use, also have
significant impacts on planning and the use of land.   These
Federal programs include:

    -- Section 208 requirements of the Federal Water
       Pollution Control Act Amendments of 1972 for
       the establishment of state and Preawide plans
       and programs to control local government and
       industrial wastewater storm and sewer runoff,
       non-point sources of pollution, and land use
       as it relates to water quality;

     -- State prepared implementation plans under the
        Clean  Air Act of 1970, as amended, to control
        the use of land for activities ranging from public
        transportation modes to siting considerations for
        new industrial and public facilities;




                           - 22 -
     -- EPA assistance to local governments in planning
        for solid waste disposal activities to preserve
        and enhance the quality of air, water, and land
        resources under the Solid Waste Disposal Act of
        1965, as amended;
     -- the control of noise, through land use planning as
        well as other means, under the Noise Control Act
        of 1972;
     -- the HUD 701 comprehensive planning assistance
        program;
     -- comprehensive water and related land resource
        planning activities authorized by the Water Re-
        sources Planning Act of 1965 and administered by
        the Water Resources Council;
     -- Federal Aviation Administration grants to locali-
        ties for airport planning (as well as construction)
        under the Airport and Airway Development Act, as
        amended;
     -- Federal Highway Administration financial and
        technical assistance to State and local govern-
        ments for comprehensive transportation planning
        under the Federal Aid Highway Act, as amended; and
     --Federal Railroad Administration financial and
       technical assistance to state governments for
       rail transportation planning under the Railroad
       Revitalization and Regulatory Reform Act of 1976.
     Assistance in providing for infrastructure investments
is the third way in which the Federal Government plays a sig-
nificant role in land use decisions. Federal programs for
housing, highways, airports, mass transit, sewer and water
grants, open space, agricultural subsidies, water resource
projects and the like, as well as the location of Federal
facilities, affect land use by state and local governments
as well as by private owners. The link between these in-
frastructure investments and land use has been recognized
for a long period of time, but little has been done to con-
trol the location of new infrastructure, which in itself
can be an effective means of reinforcing land use controls.




                          - 23 -
     Through its many programs and activities, the Federal
Government has the opportunity to aid in the protection of
valuable land resources for the use of future generations
and to demonstrate that "good" land use planning ca:n be
beneficial in terms of avoiding or mitigating incompatible
land uses and saving millions of dollars in rectifying the
results of improper land use decisions. In the absence
of a national land use planning program, existing Federal
programs also offer the opportunity to demonstrate to the
public and Federal, state, and local officials that land
use planning is not the outcast it is often characterized
as being. The success or failure of such programs may well
determine whether a national land use planning program is
needed.

     If existing Federal land use programs are to be
successful, however, they must be properly implemented,
coordinated, and managed.  Planning cannot take place in a
vacuum. There are many interrelationships between various
land uses and these interrelationships must be recognized
and considered in any type of planning activity. Planners
and public officials must recognize that transportation,
housing, water and sewer, and economic development activities
have both direct and secondary land use impacts which need
to be considered before such activities are undertaken. Also,
once land use plans are developed they must be implemented
and enforced. Without implementation and enforcement of
such plans, the planning phase is only an exercise in
futility.

     The following questions are important in addressing
this issue.

     1.   Have Federal agencies established comprehensive
          programs to plan for the future use of Federal
          and Indian lands?  Are such programs coordinated
          and do they consider all potential resource uses
          of the lands?  Do Federal programs consider state
          and local needs and desires as well as national
          needs? Are they compatible with well designed
          local or state land use programs?




                            - 24-
2.   What efforts have Federal agencies made to develop
     coordinating mechanisms for the various planning
     assistance programs directed to non-Federal lands?
     Are these mechanisms effective? Do planning
     activities continue to work at cross purposes
     despite the coordinative mechanisms?

3.   To what extent have plans developed under existing
     Federal assistance programs been implemented? What
     are the problems in implementing and enforcing land
     use plans and controls? What needs to be done to
     overcome such problems?

1.   Does Federal infrastructure assistance conform to
     state and local land use plans and objectives?
     Have the land use impacts of such assistance pro-
     grams been recognized and brought to the attention
     of planners and local officials? How can such
     assistance programs be restructured to assist state
     and local officials in their planning and develop-
     ment activities?

5.   How effective have been Federal and state, inter-
     state, and regional planning organizations? What
     are the strengths and weaknesses of such organiza-
     tions? How can the Federal Government be of assist-
     ance in promoting such organizations?

6.   Is Federal resource information being made avail-
     able to non-Federal land use planning organizations?
     What problems have states and local governments
     encountered in attempting to obtain technical assist-
     ance from Federal agencies in planning for the use
     of lands and related resources and in attempting
     to resolve land use conflicts?
7.   Is there a need for a stronger Federal, state,
     or regional role in land use planning? Does
     the success or failure of existing Federal,
     state, and/or local land use planning programs
     demonstrate the need for a broad based national
     policy and program?




                      - 25 -
     Planning for the use of land, which is a finite re-
source, is the key to wise use of the resource.  It is,
however, the matter which is the most complicated and
controversial.

GAO Reports

National attempts to reduce losses from floods by planning
  for and controlling the use of flood-prone lands (RED-75-327,
  3/7/75).

Tulsa, Oklahoma's participation in the National Flood
  Insurance Program (evaluates effectiveness of Federal,
  State, ,4nd local procedures to prevent improper develop-
  ment of flood plans)(RED-76-23, 9/9/75).

Policies and scope of air installation compatible use zone
  program (discusses DOD efforts to work with local govern-
  ments to achieve compatible land uses around its bases)
  (LCD-76-329, 5/21/76).

Formidable administrative problems challenge achieving national
  flood insurance program objectives (discusses the need to
  ensure that participating communities adopt acceptable flood
  plain management regulations and enforce compliance with
  approved objectives)(RED-76-94, 4/22/76).

The Coastal Zone Management Program: An uncertain Future
  (GGD-76-107, 12/10/76).

Studies in Process

Possible impact of locating project Seafarer in Michigan
  (includes an assessment of the possible future land
  use implications for the area in the vicinity of the
  project).

Survey of land use plans, planning, and the classification
  of Federal lands by the Federal land management agencies.

Assessment of Forest Service land use planning efforts and
  their relationship to the forest and Rangeland Renewable
  Resources Planning Act of 1974, as amended.

Survey of the effectiveness of the Alaska Joint Federal-State
  Land Use Planning Commission.




                          - 26 -
ARE FEDERAL LANDS AND RELATED RESOURCES
                                        BEING EFFECTIVELY
MANAGED ON A MULTIPLE USE BASIS
                                AD-GITVING ADEQUATE
CONSIDERATION TO COMPETING NEEDS?

     Almost from the beginning of our
                                       country, the public
lands and the resources on these
                                  lands have either been
given away or made available at
                                 very low prices.  In earlier
times the various homstead acts
                                 and the desert lands act
opened up vast acreages for settlement.
nitely contributed to the conquering     Such practices defi-
                                      of the American wilder-
ness and the settlement and development
                                         of the frontier,
but they also resulted in essentially
of acres of the best agricultural,     giving away million
                                    forestry, grazing, and
mineral lands in the United States.
                                     They also resulted in
the destruction of prime lands and
                                    valuable resources and
in scandals such as Teapot Dome.

     Of the about 2.3 billion acres of
                                        land making up the
United States, today about one-third
                                      is owned by the Federal
Government.  About 60 percent of the Federal
istered by BLM and about 25 percent           land is admin-
                                     by the Forest Service.
These lands provide many resources
                                    essential to the economy
and health of the nation, including
                                     energy fuels and other
minerals, timber, rangeland, water,
                                     fish and wildlife,
recreation and areas of scenic beauty.
                                         For example:

     --Federal lands contain nearly 40
                                       percent of
       the nation's supply of merchantable
       and over 60 percent of the supply   timber
                                         of saw
       timber.

    -- Nearly one-third of the nation's
                                        total timber
       production comes from the public
                                        lands.
    -- Within the boundaries of the 11
                                       western states,
       about 61 percent of the total natural
                                              water
       runoff occurs on Federal lands and
                                           practically
       the entire hydroelectric capacity
                                          of these
       states is dependent on water which
                                           rises on Federal
       lands.

    ---Federal lands account for about
                                       3 percent of all
       forage consumed by livestock in the
                                            nation and
      about 12 percent in the 11 western
                                           states.




                          - 27 -
    -- Lakes, streams, and rivers on Federal lands
       account for about 45 percent of the cold and
       warm fish habitat on the West Coast, 71 percent
       in the Mountain states, and 15 percent in the
       Eastern states.

    -- In the 20 states where Federal lands constitute
       6 percent or more of the total acreage in the
       state, between 40 and 48 percent of the big game
       populations rely on habitat on Federal lands
       and nearly all elk, big horn sheep, mountain goat,
       moose, and wild turkey are dependant on such
       habitat.

    -- During fiscal year 1975, Federal onshore lands
       produced over 174 million barrels of petroleum
       and over 50 million tons of coal, potash, and
       other minerals.

    -- Receip s from Federal lands and resources during
       fiscal year 1975 included $3 billion from mineral
       leasing (including OCS), about $440 million from
       timber, and about $19 million from grazing.

    -- Over $250 million was provided to the states as
       their share of the royalties and receipts from
       the use of Federal lands during fiscal year 1974.

     Federal lands are being placed under increased pressures
for use and development.  Ranchers are demanding higher graz-
ing authorizations to increase the supply of red meat; addi-
tional acreages are being requested for placement into
irrigation units to increase food supplies; the Administra-
tion has recommended that the vast coal deposits be ex-
ploited to lessen the nation's demand for foreign energy
supplies and that restricted areas be opened up for mineral
exploration; and pressures are being exerted to increase
the timber supply in order to assist the lagging housing
industry. At the same time, environmentalists are




                           - 28   -
demanding that the non-resource values,
and wildlife resources, be adequately     including fish
                                       considered and pro-
tected in any proposed developments.
stances it is extremely important that Under such circum-
                                        the various Federal
agencies administering these lands adequately
                                                consider all
of the resource values in their decision
                                           making activities.
      Two comprehensive studies
Government in recent years have sponsored by the Federal
                                 stressed the need for
 improved manaapment of the Federal lands
The Publi                                 and their resources.
            a nd Law Review Commission conducted  an extensive
study of   he Fedeial lands and in the June 1970
over 130 . ammendations for policy guidelines     report made
tention and management or disposition            for the re-
                                       of
the President's Advisory Panel on Timber  Federal  lands.  Also,
                                          and the Environment
in April 1973 made 20 major recommendations
management of forests on public and private relating to the
                                             lands.   Legisla-
tion and administrative action on the
                                       recommendations of
these groups has been slow, and although
                                          some of the recom-
mendations have received attention recently,
                                              much additional
work needs to be done to carry them out.

     In addressing this issue the following
                                             questions arise.
     1. Can improvements in timber growth
                                            and quality
         be made and at the same time protect
                                               and enhance
         other resource values?   Is the greatest pro-
         ductivity being obtained from Federal
                                                timber
         lands? Are forest lands being managed
                                                 under the
         principals of multiple use and sustained
         Are allowable harvest determinations      yield?
                                               being made
         in a proper manner? To what extent is
                                                 clear
         cutting (see picture on following page)
                                                  con-
         sistent with the protection of other resource
         values? Are existing clear cutting guidelines
         adequate to protect multiple use resource
        Are Federal controls over timber harvestingvalues?
        operations adequate to protect other resource
        values?




                          - 29 -
                      '   I`
                  ;            '' A    l   ,          -   i   llll




     THOUGH AN ACCEPTED FORESTRY PRACTICE, CLEAR CUTTING
     PRESENTS AN EYESORE TO THE PASSING MOTORISTS AND SOME-
     IiMES DAMAGES OTHER RESOURCE VALUES.
     SOURCE:   (PUJBLIC LAND LAW REVIEW COMMISSION)




2.      Hlow can better utilization and improvements in
        grazing resources be obtained?   Is the greatest
        productivity possible being obtained from Federal
        grazing lands?   Do special interest groups have
        too great an input into grazing management deci-
        sions and thus defeat the concept of multiple
        use managemernt?  What effect does grazing have
        on other land resources?   (See picture on
        following page.)

3.      Is multiple use considered in allowing mining
        operations?  Is the need for non-mineral, buL
        essential lands adjacent to mining operations,
        properly justified?  Are lands leased for
        mining purposes properly protected? How does
        mining affect other land uses?  (See picture on
        page 32 )


                                      - 30 -
OVERGRAZING BENEFITS NEITHER THE LIVESTOCK NOR THE PUBLIC.
THE HEALTHY RANGE CO"'TRASTS STARKLY WITH THE OVFiGRAZED
RANGE.
SOURCE:   (PUBLIC LAND LAGJ   REVIEW COMMISSION)

 4.   Is the need for protection of valuable watershed
      and ecologically sensitive (see picture on page
      33) areas considered in allowing the use of
      such lands for other purposes? What uses are
      compatible with watershed and ecologically sensi-
      tive area protection?

 5.   Are wildlife protection activities compatible
      with other land uses?   Is joint management of
      game refuges by BLM and FWS, or the Corps of
      Engineers and FWS an effective means of pro-
      tecting wildlife resources?   Is the protection
      and propogatio.i of wildlife adequately being
      considered in the management plans of BLM, NPS,
      the Forest Service, the various military services,
      etc.?




                                   - 31 -
          MINING OPERATIONS ON PUBLIC LANDS MAY HAVE
          UNDESIRABLE EFFECTS ON OTHER LAND USES
          SOURCE: (PUBLIC LAND LAW REVIEW COMMISSION)




     6.   Have the oil and gas pipeline rtghts-of-way pro-
          visions of the Trans-Alaska Pipeline Authoriza-
          tion Act been properly implemented?  Are such
          provisions adequate to protect the lands and
          resources from abuses?

     Federal lands are very important in providing a great
variety of resources for the Nation and proper management of
these lands on a multiple use basis is essential for the
Nation to continue to enjoy the benefits of these resources.




                                  - 32 -
DESTRUCTION OF PERMAFROST IN ALASKA
CAUSES SERIOUS EROSION PROBLEMS.
SOURCE:   (PUBLIC LAND LAW REVIEW COMMISSION)




                     - 33 -
GAO Reports

Modernization of 1872 mining law needed to encourage domestic
  mineral production, protect the environment and improve
  public lands management (RED-74-246, 7/25/74).

Trans Alaska oil pipeline--Progress of construction through
  November 1975 (includes evaluation of efforts to control
  environmental damage to Federal lands)(RED-76-69, 2/17/76).

Analysis of timber association comments on the proposed
  National Forest Management Act of 1976 (S. 3091)(CED-76-123,
  6/15/76).
Acreage limitations on mineral leases not effective (CED-76-
  117, 6/24/76).

How to improve U.S. Forest Service reports on forest resources
  (PAD-77-29, 2/23/77).

Studies in process
Monitoring of the Trans-Alaska pipeline (concerns the use of
  Federal lands granted for pipeline construction and environ-
  mental controls, as well as the timely completion of the
  pipeline).

Survey of Federal management and protection of rangelands.
Review of issues and problems relating to the Forest Service's
  allowable harvest.
Data requirements, assumptions, and methodologies for formulating
  policies for future timber supplies.

Review of the effectiveness of procedures to review and revoke
  obsolete public land withdrawals.

Survey of the effectiveness of forest treatment measures in
  improving timber growth and quality in National Forests.
Review of issues and views on Federal policy for harvesting
  old growth timber.




                           - 34 -
HOW EFFECTIVE ARE FEDERAL PROGRAMS DESIGNED TO
                                               PROMOTE
THE DEVELOPMENT, REHABILITATIO_,_CONSERVTVATiO AN D
MP'SERVATION OF NON-PUBLIC LANDS AND RELATED RESOURCES?
     As our population expanded and our rate of economic
development increased, the demand for land and
                                                its re-
sources increased. Much of this increased demand
                                                   was
satisfied through westward expansion and the opening
of the virgin territories with their seemingly         up
                                                unlimited
supply of resources. Today our frontiers have
                                                been settled
and the supply of new lands for further expansion
limited, but our demand for resources continues    is very
                                                 to grow.
      Land is not homogeneous. Some lands, because of
                                                        the
quality of the soil, climate conditions, and geographical
location, are especially suited to the production
                                                   of spe-
cific food crops, timber, or forage for livestock.
lands, because of their particular characteristics, Other
                                                     are
valuable as watersheds, aquifer recharge areas,
                                                 wetlands,
and wildlife habitat. Still other lands are valuable
because of their scenic characteristics, or the
they played in the Nation's historic and culturalrole that
ment. In addition, some lands which have been used,develop-
often abused, in the past would be valuable if        and
                                                returned to
their original state, or at a minimum rehabilitated
useful state.                                        to a

     Many non-Federal lands and resources with important
economic and ecological values have been and are being lost
to the Nation. For example:

    -- About 1.4 million net acres of agricultural land
       are consumed annually by urban sprawl, highways,
       parks, and reservoirs, thus reducing the base of
       prime food and fiber producing lands;
    -- About 32 million acres of land have been disturbed
       by surface mining and 1.7 million acres of wildlife
       habitat have been destroyed;
    -- Over 20 percent of the Nation's shoreline is
       seriously eroding; (see picture on the following
       page)




                         - 35 -
             I




    EROSION DAMAGE AT KITTY HAWK CAUSED BY STORM
    SOURCE: CORPS OF ENGINEERS




--4 billion tons of sediment and topsoil are washed
  into streams annually because of poor land use
  practices;

--Over 60 percent of the Nation's potentially pro-
  ductive timberland is in private ownership, most
  of it in small tracts and presently not veiy
  productive of commercial timber; and

-- Approximately one-tenth (nearly 200   species) of
   the higher animals (mammals, birds,   reptiles,
   amphibians, and fish) in the United   States are
   endangered because their habitat is   being destroyed.




                          - 36 -
     National interest in lands with unique characterisitics
and important resource values has greatly increasee as demands
for various resources increased and these lands have come
under increased pressures for other uses. These factors
have in turn imposed additional responsibilities on Federal
agencies to sustain and preserve such lands.

     A variety of Federal agencies administer activities and
programs which seek to develop, rehabilitate, conserve, and
preserve land and resources with important values.  Examples
of the agencies and activities and programs are shown below.

     Agency                            Activity or Program
U.S. Forest Service                   Agreements with states
                                        for cooperative fire
                                        control programs

                                      Tree seed and seedling
                                        planting on state and
                                        private forest lands

                                      Cooperative forestry
                                        program for technical
                                        assistance for private
                                        forest landowners
Soil Conservation Service:            Technical assistance
                                        through 3000 conserva-
                                        tion districts cover
                                        almost 2 billion acres
                                        of land
Soil Conservation Service:            Great plains conservation
                                        program

                                      Technical assistance for
                                        the development of con-
                                        servation plans and land
                                        treatment

                                      Survey and investigations
                                        for small private water-
                                        shed projects




                             - 37 -
     A2eny                                  Activity or Program

Agricultural Stabilization                 Financial assistance for
  and Conservation Service:                  installing conservation
                                             measures under agri-
                                             culture conservation pro-
                                             gram

Farmers   Home Administration              Soil and water conservation
                                             loans

                                           Resource conservation and
                                             development loans

Army Corps of Engineers:                   Protection of shorelines
                                             and beaches

                                           Permits for wetland dredge
                                             and fill operations

National Park Service:                     Historic preservation grant
                                             program

Fish and Wildlife Service:                 Endangered species pro-
                                             tection program on
                                             Federal and private
                                             lands

                                           State fish restoration and
                                             management grants

                                           State wildlife restoration
                                             project grants

National Oceanic and                       Estuarine sanctuary grants
  Atmospheric Administration:




                                -   38 -
     In addressing this issue the following questions
should be considered.

     1.   Have the state and private forestry programs
          of the U.S. Forest Service been effective in
          promoting the conservation, preservation, and
          reforestation of valuable non-public forest
          lands? Do such programs promote good forestry
          practices designed to insure a continued supply
          of forest products in the future?

    2.    Are we in danger of depleting our supply of
          prime agricultural and wetlands? What is the
          Federal government doing to assist in retaining
          such lands?

    3.    Sow effective are the land conservation programs
          of the Department of Agriculture and other
          agencies in maintaining and preserving food and
          fiber producing lands?

    4.    What is being done to return derelict (i.e. strip-
          mined) lands to productive uses? How can lands
          which contain wasting assets (i.e. coal) be used
          for those purposes? Which lands are so valuable
          for other purposes that they should not be allowed
          to be used for development purposes?

    5.    To what extent have non-Federal lands with his-
          torical and cultural significance been identified?
          How effective have Federal efforts been to pre-
          serve such areas?

    6.    Have non-Federal land suited for addition to tre
          national park, wilderness, wild and scenic rivers,
          or wildlife refuges systems been identified?  How
          effective have the Federal efforts been to place
          such areas in the systems?

    7.    To what extent have the important habitat for
          valuable threatened or endangered wildlife species
          been identified? Have the Federal efforts to pro-
          tect such habitat been effective?  What more needs
          to be done? Are Federal/state wildlife coordina-
          tion efforts effective?




                            - 39 -
     Proper development, rehabilitation, conservation,
and development of non-public lands is important to the
continued economic and cultural well being of the Nation.

GAO Reports

Need to direct cooperative forestry programs toward
  increasing softwood sawtimber supplies (RED-75-258,
  10/8/74; RED-75-397, 7/25/75).

National efforts to preserve the Nation's beaches and
  shorelines--a continuing problem (RED-75-364, 6/11/75).

Action neeJed to discourage removal of trees that shelter
  croplands in the Great Plains (RED-75-375, 6/20/75).

Damage done at Big Thicket National Preserve (CED-76-143,
  9/8/76).

To protect tomorrow's food supply, soil conservation
  needs priority attention (CED-77-30, 2/14/77).

Effectiveness of land treatment agreements   in watershed
  areas (CED-77-13, 12/27/76).

Reclamation of lands damaged in the mining of noncoal
  minerals (CED-77-63, CED-77-72, 5/17/77)

Studies in Process

Development of information and identification of issues
  pertinent to Congressional oversight of soil and water
  conservation programs.

Review of maintenance of Federally-assisted conservation
  structures and measures.

Review of Corps of Engineers regulatory functions (addresses
  wetlands protection).

Survey to determine -hether the use of prime agricultural
  lands for non-agricultural purposes is a problem in the
  U.S.

Survey of the administration of the National Historic
  Preservation Program.




                          -   4U -
ARE FEDERAL PROGRAMS AND ACTIVITIES EFFECTIVE
IN MEETING SHORTAGES OF OUTDOOR RECREATION?

     A shorter workweek, more flexible employment schedules,
more three day weekends, and year-round school, coupled with
an expanded population and increased family income and mobil-
ity, have increased the demand for recreational opportunities.
Consequently, providing adequate outdoor recreation oppor-
tunities for the Nation has taken on new dimensions in recent
years, as brought out by numerous studies made.  Studies by
the Outdoor Recreation Resources Review Commission, Public
Land Law Review Commission, National Recreation and Park
Association, and President's Council on Recreation and Natural
Beauty indicate that more recreation opportunities and open
space are necessary to meet the growing needs of the American
people.

      Through its land management agencies, such as the Nation-
al Park Service, the Forest Service, the Bureau of Land Man-
agement, the Army Corps of Engineers, and the Fish and Wild-
life Service, the Federal Government owns significant land
acreages with recreational potential, paticularly in Alaska
and the 11 western states.   Often, however, such lands are
 inaccessible for recreational purposes.  Also, many Americans,
because of their socioeconomic characteristics, do not have
the opportunity to visit Federally-owned parks, forests,
and recreation areas.   For example, in one major city 53 per-
cent of the families do not own cars and with few exceptions,
recreation areas are practically impossible to reach by
public transportation. In addition, many of the Federally-
owned recreation areas are not located within relatively
short distances to serve millions of other Americans.   The
Bureau of Outdoor Recreation has found that three-fourths
9 f outdoor recreation occurs close to home, after school,
after work, and on short outings of no more than a day.

     Metropolitan areas, particularly densely populated, low-
income inner cities have the greatest need for outdoor rec-
reaction facilities and opportunities.. However, these are
the same areas that are usually lacking in the availability
of such resources.  According to the Bureau of Outdoor
Recreation, only about 25 percent of all recreational
facilities and only 3 percent of public recreational
lands are readily accessible to 75 percent of the people
in the United States.  The "Kerner Commission" report on
civil disturbances stated that one of the major reasons
for urban disturbances and riots was the lack of adequate
recreational opportunities.




                          - 41 -
     In addition to its public land recreation activities,
the Federal government offers a variety of programs designed
to identify recreation needs and assist in meeting recreation
needs.  In 1973, the Bureau of Outdoor Recreation identified
319 programs administered by 204 Federal agencies which were
recreation oriented, including 61 grant programs, 54 recrea-
tion research programs, 37 recreation information programs,
15 advisory programs, and 18 credit programs.

     One of the most important Federal programs in meeting
recreation needs is the Land and Water Conservation Fund
grant program administered by the Bureau of Outdoor Recrea-
tion, Department of the Interior.  Since its establishment
in 1965, this program has provided over $2.5 billion for
Federal, State, and local recreation planning and acquisi-
tion purposes. On September 28, 1976, the President signed
P.L. 94-422, which significantly increases (from $300
million in fiscal year 1976 to $900 million in fiscal year
1980) the amount of funds authorized for the La:': .-.
                                                     d Water
Conservation Fund.  P.L. 94-422 also changed the fund alloca-
tion formula to provide more funds for more populous states
where recreation needs are the greatest and directed a com-
prehensive review and report on urban recreation needs in
highly populated areas.

     The effectiveness of Federal programs in meeting
shortages of outdoor recreation and directing Federal,
state, and local resources to the areas of greatest need is
an important issue. Questions such as the following arise
with respect to the issue.

     1.   What have Federal, state, and local governments
          accomplished with respect to planning for out-
          door recreation?  Are such planning efforts com-
          prehensive in nature and do they inventory ex-
          isting recreation facilities and identify areas
          of greatest need? Are Federal, state, and
          local recreation planning efforts coordinated
          and do they utilize common data bases and
          assumptions?

     2.   Do recreation plans detail the actions necessary
          to direct resources to areas of greatest need?
          Have such plans been implemented? If not, why?

     3.   Are Federal   recreation resources in fact being
          directed to   shortage areas and areas of greatest
          need? What    factors cause resources not to be
          directed to   such areas?




                            - 42 -
     4.   Are state and local governments experiencing
          difficulty in providing recreation in shortage
          or greatest need areas? What can the Federal
          government do to assist in solving such problems?

     If Federal efforts to provide recreation opportunities
for the American public are to be successful, it is important
that such efforts be properly planned, coordinated, and di-
rected to the areas of greatest need.  This issue is there-
fore very important in meeting the goal of adequate re-
creational opportunities for the public.

GAO REPORTS

     Except for a 1972 report on greater benefits to more
people possible by better uses of Federal outdoor recreation
grants (B-176823, 10/5/72), GAO efforts have not been directed
to this specific issue.  Meeting shortages of outdoor recrea-
tion will receive greater empahsis in the future.




                           - 43 -
ARE FEDERALLY-OWNED AND
FEDERALLY-SUPPORTED RECREATION
AREAS BEING PROPERLY DEVELOPED
MANAGED, AND MAINTAINED?

     The American public's desire for greater outdoor
recreational opportunities has placed great pressure
on existing Federal, state, and local recreation areas.
The demands on Federally-owned recreational resources
have been increasing quite substantially, as can be seen
by the following visitation statistics.


                               Millions of Visitations

                                    Fiscal Year
Agency           1972   1973     1974   1975      1976   1977 est.
National Park     206    215      209    229       240    253
  Service
Forest Service    184   188      193     199       207   216
Corps of          328   339      352     376    Not      Not
  Engineers                                    Avail-    Avail-
                                               able      able
     Long lines at campgrounds, overcrowded facilities,
traffic jams at popular areas, and general deterioration
of facilities became common place prior to the 1973 oil
embargo (see pictures on the following page) Although
overcrowded conditions abated somewhat immediately after
the oil embargo, increasing numbers of Americans are again
visiting the national forests, parks, and recreation areas.

     A recent series of articles in a well known newspaper
circulated on a national basis, detailed problems with re-
spect to the lack of development, management, and maintenance
funds for the national parks. The articles painted a grim
picture of delapidated buildings, inadequate water and sanita-
tion facilities, scenic views marred by large volumes of lit-
ter, poor camping facilities, and eroding roads and trails.
During its fiscal year 1977 appropriations hearing, National
Park Service officials acknowledged that conditions in some
parks need improvement and cited a need for $40   $50 million
per year to adequately maintain the National Parks.




                          - 44 -
OVERUSE OF SOME AREAS HAS
REACHED CRISIS PROPORTIONS
BOTH VIEWS ARE OF YOSEMITE
PAR K.

SOURCE: (PUBLIC LAND
LAW REVIEW COMMISSION)                "f




                             - 45 -
     Officials of other Federal, state, and local recreation
agencies have also acknowledged a need for improved develop-
ment, operations, and maintenance activities.   In 1975, the
backlog of requests for funds for the development of Federal,
state, and local recreation areas totaled about $2.7 billion.
In August 1976, the resident also expressed his concern over
the need for improvem.ents in recreation activities and pro-
posed a $1.5 billion program over the next 10 years to ex-
pand the Nation's public parklands, develop new and existing
park facilities, provide increases in park personnel, and
increase the development of parks in urban areas.

     Local government officials have also indicated that
operating and maintaining recreation facilities is a pro-
blem because of the low priority placed on recreation and
that park and recreation budgets are usually among the first
to be decreased when financial problems occurred. They
generally agree that sufficient funds are not being spent to
properly maintain park and recreation areas and that develop-
ment funds are often unavailable.

     In evaluating this issue, the following questions
arise.

     1.   Are the national parks, forests, and recreation
          areas being developed in a manner which meets
          the recreational needs of a variety of Americans?
          Are recreational developments on Federal lands
          in urban areas meeting the particular needs of
          those living in such areas? Are the recreational
          facilities in Federal parks, forests, and re-
          creation areas compatible with the mission or
          purpose of the area and with other uses?
    2.    What is being done to "cope" with the increasing
          demands and overcrowding in national parks,
          forests, and recreation areas? Are people being
          encouraged to visit less crowded facilities of
          equal value? Are officials of such areas actively
          working with state, local and private groups to
          seek solutions to overcrowding? Can alternative
          or mass transportation programs assist in easing
          the problems associated with park overcrowding?




                            - 46 -
     3.   Are park facilities being maintained in
          a manner which does not detract from the
          park environment or recreational experience?
          What are Federal recreation managers doing
          to obtain the greatest benefit from limited
          maintenance funds and personnel?

     4.   Are local and state recreation areas acquired
          with Federal funds being developed in accord-
          ance with approved plans? Are they being
          developed in a timely manner?
     5.   What problems are state and local governments
          experiencing in managing and maintaining re-
          -creation:facilities and areas acquired and
          developed with Federal funds? What can the
           Federal government do to assist state and
           local governments in solving such problems?
     If the American people are to obtain the full benefit
of public recreational areas and facilities, it is important
that such areas and facilities be properly developed, man-
aged, and maintained.

GAO REPORTS
Managing recreation facilities at Bureau of Reclamation
  reservoirs (RED-74-235, 7/29/74).
Studies in Process
Survey of the administration of the land and water conservation
  fund grant program to states for the acquisition and
  development of land for outdoor recreation purposes.
Review of problems in developing a National Wild and Scenic
  Rivers System.




                           - 47 -
WHAT ARE THE EFFECTS OF TAX
POICIES  ON LAND USE?
THE PROBLEM

     Tax policies of Federal, state, and local governments
may have a significant effect on the uses of private lands.
For example, lands are often assessed for local tax purposes
on the basis of their highest and best use rather than actual
use. This significantly increases the tax burden on the land-
owner and increases pressures to develop the land in order
recoup the property taxes. Also, state and Federal tax poli-to
cies may pressure landowners to sell farm, forestry, and
open space lands for development purposes in order to pay
real estate taxes. To protect agricultural, forestry, or
open space land, several states have enacted preferential
property tax legislation to lower tax rates on such land
provide penalties for their conversion to other uses.     and

     Property tax policies may also promote urban blight and
suburban sprawl.  For example, property taxation policies
may contribute to the deterioration of housing in urban
                                                        areas
and discourage the rehabilitation of urban properties. Also,
high taxation of central city properties may encourage devel-
opers to leave the central city and thus contribute to sub-
urban sprawl.

     In addition to property taxes, sales and income taxes
may have an effect on the uses of land and may be factors
to be considered in land use planning. For example,
visions of Federal estate taxes intended to assist in re-
                                                       the
preservation of family farm lands are contained in the Tax
Reform Act of 1976 (P.L. 94-455).

     To explore the effects of Federal, state, and local
policies on land use, the following questions should be tax
considered.

    1.   What Federal, state, and local taxes and tax
         policies have the greatest effect on land uses
         or land use planning? Have the adverse land
         use effects of such taxes and tax policies been
         adequately demonstrated to responsible public
         officials in order to attempt to remedy them?
    2.   What new or special taxes, policies, or taxing
         procedures have been enacted by state or local
         governments to minimize or mitigate the adverse
         effects of taxes or tax policies on land use?
         Could such policies, procedures, etc. be used by
         other jurisdictions to promote "better" land use?


                          - 48 -
      3.   How effective are preferential taxes
           protecting certain categories of land,in
           such as agricultural, forestry,
           space lands? Have recent Federaland  open
                                             estate
           tax reforms been effective in protecting
           farm lands? What could be done to
                                               make
           preferential taxes and the estate tax
           reforms more effective?
      4.   What could the Federal Government do
                                                to
           promote more effective state and local
           tax policies which impact on land use?
           What incentives could the Federal Govern-
           ment offer to encourage needed land
           tax reforms?                        use

     This line-of-effort offers
contribute to an area which has an  excellent opportunity to
                                 been inferred to be of great
significance with respect to the user
                                       of land, but which has
not been fully demonstrated or understood.
lic sentiment for tax reform at all          In light of pub-
audit efforts in this area would     levels of government,
                                  also be very timely.
GAO Reports
     Past GAO efforts have not addressed
of the effect of tax policies on land    the specific issue
                                      use.
Study in Process

    Survey of the effect of tax policy on
                                          land use.




                           - 49 -
                        CHAPTER 4
                      OTHER ISSUES


     In addition to the six issues designated for priority
attention discussed in Chapter 3, there are several other
issues which need to be considered.  Brief descriptions of
these issues are set forth below.

HOW CAN LAND USE PLANNING ASSIST
IN SOLVING ENVIRONMENTAL PROBLEMS?

     The control of non-point sources of water pollution,
proper placement of facilities which contribute to air
and noise pollution, and proper land disposal of waste
materials are important if the Nation is to have a clean,
healthy environment.  Proper planning for the future use
of land resources can contribute to solutions to these
problems.

     The effectiveness of individual environmental plan-
ning program is more appropriately addressed by the
environmental protection area, but it should be recognized
that proper land use planning is a potential contributor
to solutions to many pollution problems.  Should it be
demonstrated that environmental planning programs offer
the greatest potential to plan for and control land uses,
this issue will take on increased importance.

HOW CAN THE MULTIPLE LAND USE
CONFLICTS ASSOCIATED WITH ENERGY
DEVELOPMENT BE RESOLVED?

     The development of energy resources, whether on public
or private lands creates conflicts with other land uses.
Very often lands on which energy resources are located are
also valuable for agricultural, forestry, grazing, or recre-
ational purposes.  By planning for the future use of land
and considering all of the resources associated with the
lands, some of these conflicts may be resolved.

     The extent to which adequate consideration is given to
resources associated with lands to be developed for energy
purposes, and whether land use planning can contribute to
solutions to conflict situations is important and needs to
be addressed.  Conflict situations with respect to energy
development are not, however, unique.  Similar conflicts




                           - 50 -
arise with respect to other land uses, such as the use of
lands for timber production versus their use for recreation
or minerals. Conflict situations arise with respect to all
the issues discussed and should be addressed as part of each
individual issue.
HOW CAN URBAN LAND USE PLANNING
BE MADE MORE EFFECTIVE?

     As noted in the plan overview, population growth in
the United States has placed increased pressure on urban
areas. The result of this pressure has been constantly
expanding, relatively low density suburban areas, charac-
terized by large portions of idle land as developers "leap
frog" across vacant lots to build on the rural-suburban
fringe and large regional shopping centers and larger dis-
tances to work areas, which cause traffic disruptions and
air pollution. At the same time, the inner cities are
decaying as residents and job opportunities move to the
suburbs, tax bases decrease, and transportation facilities
and housing deteriorate. Many of these problems have
been caused by the lack of foreward looking land use
planning and the inability of fragmen . urban governmental
jurisdictions to join together to solve economic, social,
and environmental problems on a reg'onal basis.

     The need for more effective urban land use planning is
very real and should be recognized. However, there is a
need for more effective land u e planning in general, not
only for urban areas. Rural and undeveloped areas are also
facing increased pressures as the ,ieed for greater food,
timber, energy, and recreations resources mounts. In addi-
tion, most of the factors which significantly contribute
to urban land use problems --   inadequate planning, frag-
mented political and special use jurisdictions, failure
to implement plans, and ineffective land use control
mechanisms -- are also prevalent in non-urban areas. Accord-
ingly, this issue should be addressed as part of an overall
effort to evaluate the general effectiveness of land use
planning programs.

HOW CAN FEDERAL LAND OCCUPANCY, USE,
AND TRESPASS AND DISPUTED TITLE
PR BLEMS-    F'vEiF       T

     Unauthorized use and occupancy of Federal lands has
occurred since the beginning of the Nation and continues
today. Such actions have often resulted in denial of land
use to the public for recreational purposes because of
illegal private use, misappropriation of resources, and
sometimes damage or destruction of the environment and


                           - 51 -
 valuable resources. One of the factors
 unauthorized encroachi, nts and trespass contributing to
                                          action has been
 the lack of adequate boundary definitions
                                            in the absence
 of an active land survey program. Reportedly,
 are undefined on 70 million acres of            boundaries
                                       public lands--excluding
 Alaska--that have not been surveyed.
                                        At the current rate
 of progress it is said that an 800-year
 exists on boundary definitions.          backlog of work

      Federal efforts to properly manage
 are seriously hampered by unauthorized its land resources
 trespass, and disputed title situations.use and occupancy,
 important that this issue be addressed,    Therefore it is
                                          including
 ing the difficult task of taking effective         address-
                                             enforcement
 actions because of the lack of legal
 and funds.                           authority, manpower,

 HOW EFFECTIVE ARE FEDERAL ORGANIZATION,
 ADMINISTRATION,ADMNISTRATIVE AND
 BUDGETING PROCEDURES, INCLUDING FEDERAL
 LEGISLATIVE JURISDICTIONS, WITH RESPECT
 TO LAND USE MATTERS?

      Over the past years, there has been a
discussion of the need to reorganize          great deal of
                                       the  national
 programs of the Federal Government, streamline       resource
 trative procedures, and obtain greater            agency  adminis-
of jurisdiction Federal agencies should  uniformity   in  the type
lands. In line with recommendations       exercise   over  Federal
                                      made by the so-called
Ash Commission and legislative proposals
years, the Administration proposed in       introduced in prior
93d Congress legislation to create a    the  first session of the
                                      Department of Energy and
Natural Resources. The proposed new
the present functions of Interior, thedepartment was to include
                                         Forest Service, NOAA,
and some functions of the Soil Conservation
Corps of Engineers. Although this legislation  Service and the
a limited reorganization of Federal               was not enacted,
                                     energy activities was
effected and the debate over the need
                                       for more Federal agency
consolidations and reorganizations continues.

      As specific reorganization proposals
 issue will take on increased importance. are presented this
to be placed on the specific justification Emphasis will need
or reorganizations of Federal activities     for consolidations
                                           and functions re-
lated to land use matters, including
jurisdictions, agency rule making and legislative committee
advisory boards and committees, and    appeal procedures and
                                     the
ardizing the type of jurisdiction Federalfeasibility of stand-
over Federal lands, including needed        agencies exercise
                                      legislative action.



                            - 52 -
WHAT ARE THE EFFECTS OF THE
FEDERAL GOVERNMENT'S TAX
IMMUNITY ON LAND USE?
     Federally owned lands cannot be taxed by state and
local governments. Congress, beginning in 1891, from time
to time authorized return to state and local governments
percentages of sale receipts principally from timber lands
and oil and gas leases. Under this system, however, no
payments were made to state and local governments for na-
tional parks, military reservations and reclamation re-
servations. Also, possessory interests of Federal land
users, such as lessees and permittees and the improvments
constructed by them were not always taxed. Payments in
some programs undercompensated and in others overcompensated
the state and local governments.  Thus the revenue-sharing
programs did not meet the standard of equity and fairness.

     On October 20, 1976, the President signed the Payments
in Lieu of Taxes Act (P.L. 94-565) which reforms the system
of making payments to local governments to compensate them
for the tax immunity of Federal lands. Under the Act, local
governments will receive the greater amount of either (1)
$.75 per acre for certain Federal national resource lands
(National forests, parks, and wilderness areas; Bureau of
Land Management administered lands; and water resource lands,
such as Army Corps of Engineers and Bureau of Reclamation
projects) less payments from proceeds of timber and mineral
sales and grazing fees; or (2) $.10 per acre in addition to
timber, mineral and grazing receipts. Local governments
will also receive an additional payment of one percent of
the market value of land purchased by the Federal govern-
ment for parks and wilderness since 1971. These payments
will be made for a period of five years to compensate
local governments for the sudden tax loss when lands are
taken off the tax rolls.

     The payments authorized under the Payments in Lieu of
Taxes Act may be used by local governments for any purpose.
Previously, timber, mineral, and grazing receipt payments
were allowed to be used only for school and road purposes.
     The equity and fairness of Federal programs to compen-
sate states and local governments for Federal land tax
immunity is of high importance to many communities, particu-
larly in the Western States. Of particular interest is the
implementation of the provisions of the Payments in Lieu of
Taxes Act.




                          - 53 -
 HOW CAN THE PROBLEM OF LAND
 GRANTS TO STATES BE RESOLVED?

      Some of the original land grants
 unsatisfied, principally involving the to states have remained
 Utah. In addition., with the enactment States of Arizona and
hood Act and the Alaska                  of the Alaska State-
                         Native Claims Settlement  Act, the
Federal Government has become responsible
of large areas of land to be selected       for the transfer
                                       by  the State of Alaska
and the Alaska Natives. The unsettled
lands will be transferred to the states  question of which
                                          creates significant
problems in planning for and managing
                                       Federal lands.
      Of particular concern in this issue
the land grant situation and the reasons are the status of
                                           for the delays
encountered, progress being made in satisfying
obligations, and actions necessary to            land grant
                                       complete the selection
process.

ARE FEDERAL LANE ACQUISITION DISPOSAL,
AND EXCHANGE LAWS, POLICIES, AND PRO-
CEDURES EFFECTIVE IN MEETING THEIR
ESTABLISHED GOALS?
      Federal practices in effecting disposals,
 and exchanges of public lands often have           acquisitions,
 as being cumbersome, lacking flexibility,  come   under   criticism
 and clear interest of the Government.        and  not  in  the full
                                          The lack of flexibil-
 ity to exchange,
 tion of scattered purchase, or sell lands needed for consolida-
                    parcels and to correct  situations where
Federal land is intermingled with private
board pattern and the disposal of small      lands in a checker-
lands which often have no public access    tracts   of public
difficult to arrive at a fair market       and  where  it is
                                       value   have  created   pro-
blems with respect to the management of
Also, the Congress has expressed its       the  public   lands.
acquisitions which it has authorized concern over delays in
                                       for national parks,
national forests or wilderness areas,
                                        and the increasing cost
of such land in connection with ineffective
                                                acquisition
programs.
     The effectiveness of existing public
                                            land acquisition,
disposal, and exchange authorities need
                                         to
including adequacy of the appraisal functionbe addressed,
necessary to improve overall public land       and changes
                                          management.




                            - 54 -
ARE THE ECONOMIC RETURNS FROM THE
USES OF FEDERAL LANDS_ ADEQ-UATE?
     Millions of acres of Federal lands annually are used for
a variety of purposes which benefit private enterprises or
individuals. Federal lands are leased for grazing purposes,
millions of board feet of standing timber are sold, and
rights-of-way are granted for a variety of purposes. These
activities provide millions of dollars to the Federal
Government in permit fees, sales proceeds, rents, and royal-
ty payments and bonus bids.
     In recent years, the public has become aware
that the Federal lands contain valuable resources which
belong to all the people. This awareness has led to a
desire to insure the public obtains a fair value for the
use of its resources and does not subsidize special inter-
est groups.
     The major concern of this issue should be an assessment
of the effectiveness of the manner in which Federal agencies
grant privileges for the use of Federal lands and the
exploitation of land resources and the adequacy of policies
and procedures to insure fair returns from the use of the
lands and resources.
ARE FEDERAL RECREATION CONCESSION
OPERATIONS BEING PROPERLY MANAGED
FOR THE BENEFIT OF THE PUBLIC?

      Several Federal agencies witn land management responsi-
bilities award contracts or other privileges to concessioners
to provide accomodations and services to the public using
Federal lands. These agencies include the National Park
Service, Bureau of Land Management, the Bureau of Reclamation,
and Fish and Wildlife Service, Department of the Interior;
the Forest Service, Department of Agriculture; and the Army
Corps of Engineers. The concession facilities operated and
the services provided on Federal lands under the jurisdiction
of these agencies are similar. They include lodging, restau-
rants, camping facilities and supplies, boat rentals, ski
facilities, and a variety of other services associated with
outdoor recreation.




                          - 55 -
      In recent years, the Congress and the public have become
concerned about the need for and propriety of certain types
of concession operations in parks and recreation areas, the
manner in which concession priviledges are awarded by the
Federal land management agencies, and the influence that con-
cessionaires may exert with respect to overall management and
operation of Federal recreation areas.   During the past Con-
gress, two committees of the House of Representatives, with
assistance from GAO, exposed questionable aspects in the Park
Service's award of concession priviledges to concessionaires
at Yosemite National Park and on Federal lands in Washington,
D.C. The recent publicity given to a proposed Forest Service
skiing concession award at Crested Butte, Colorado, also
raised questions as to the influence concessionaires have on
recreation operations.

      Under this issue, the effectiveness of Federal land
management agencies' managemert of concession operations
and the protection of the public interest needs to be
addressed. Of particular interest is the adequacy of poli-
cies and procedures to insure that (1) concession opera-
tions are in fact desired by the public, (2) concession
facilities are adequate to meet normal demands, but are not
overly taxing the park environment or incompatible with the
enjoyment of the park itself, and (3) concession priviledges
are awarded in an equitable manner and with a return to the
Federal government commensurate with the priviledges
granted.   The overall question of the need for a stand-
ardized Government-wide concession policy also needs to be
addressed.




                          -   56 -
                                                 APPENDIX I


      SELECTED FEDERAL DEPARTMENTS AND AGENCIES
      PROGRAMSND ACTIVITIES IMPACTING ON        WITH
                                           LAND USE
             PLANNING, MANAGEMENT AND CONTROL


DeartmentorAgency                   Prgram or   Activity
Council on Environmental Quality    Analysis of land and
                                      environmental condi-
                                      tions

Department of Agriculture:
  Agricultural Research Service    Soil conservation re-
                                     search and other
                                     agriculture concerns

  Farmers Home Administration      Rural development in
                                     general; loans for land
                                     acquisition, farm and
                                     ranch improvement and
                                     operation, watershed
                                     development, flood pre-
                                     servation, an,'   il con-
                                     servation; loasis and
                                     grants for housing water
                                     and sewer facilities

  Forest Service                   Natural resource activities
                                     in general, including
                                     research and State and
                                     private forestry assist
                                     ance

  Soil Conservation Service        Land conservation in
                                     general, including re-
                                     search, financial, and
                                     technical assistance on
                                     resource conservation and
                                     development, watershed
                                     planning, and watershed
                                     and flood prevention
                                     operations.

                         - 57 -
                                                      APPENDIX I



Department or Agency                 Program or Activity
  Agricultural Stabilization
    and Conservation Service         Land conservation through
                                       cost sharing of land
                                       treatment measures with
                                       land owners

Department of Commerce:
  Economic Development               Loans, grants, guarantees,
  Administration                       technical assistance
                                       and research for plan-
                                       ning, construction and
                                       improvement of sanita-
                                       tion, transportation,
                                       industrial, and skill
                                       development facilities
                                       in economically de-
                                       pressed areas.

  National Oceanic and Atmos-
    pheric Administration            Coastal zone management;
                                       marine mammal rookeries
                                       and mating grounds pre-
                                       servation and conserva-
                                       tion; estuarine grants

JDeFartment of Defense:
  Army Corps of Engineers            Construction of water re-
                                       lated projects, in-
                                       cluding flood control,
                                       and shore protection;
                                       regulation of wetlands;
                                       recreation.

  Military Agencies                  Land management in general,
                                       including forestry,
                                       grazing, agriculture,
                                       fish and wildlife, and
                                       recreation; siting of
                                       military installations.




                            - 58 -
                                                    APPENDIX I
Department or Agency              Program or Activity
Department of Housing and
  Urban Development               Housing and community
                                    development in general,
                                     including siting, con-
                                    struction and research;
                                    interstate land sales;
                                    comprehensive planning
                                    grants (701); new
                                    communities; block grants
                                    for model cities; neigh-
                                    borhood facilities, open
                                    space lands; urban re-
                                    newal; water and sewer
                                    activities; flood in-
                                    surance and flood plain
                                    management.

Department of the Interior
  Bureau of Indian Affairs       National resources in
                                   general - All aspects
                                   of planning for and
                                   managing Indian lands,
                                   including grazing,
                                   forestry, fish and wild-
                                   life, minerals, etc.

 Bureau of Land Management       All aspect of planning
                                   for and managing the
                                   public lands, including
                                   the outer continental
                                   shelf.

 Bureau of Mines                 Conservation and develop-
                                   ment of mineral re-
                                   sources.
 Bureau of Reclamation           Planning, construction, re-
                                   babilitation, and manage-
                                   ment of reclamation and
                                   irrigation projects, in-
                                   cluding hydrcelectric
                                   siting, flood control,
                                   recreation, and fish and
                                   wildlife facilities.


                             - 59 -
                                                  APPENDIX I

Department or Agency        Program or Activity
 Bureau of Outdoor          Planning, research and
   Recreation                 coordination of Federal,
                              State, local, and private
                              outdoor recreation;
                              grants to states and
                              localities for recrea-
                              tion purposes.

 Fish and Wildlife          Fish and wildlife in
   Service                    general, including manage-
                              ment and investigations
                              of fish and wildlife re-
                              sources, construction of
                              facilities to conserve
                              and manage fish and wild-
                              life, endangered species,
                              and migratory birds;
                              recreation

 Geological Survey         Research and investigations
                             of land and mineral re-
                             sources; topographic
                             surveys and mapping;
                             supervision of pros-
                             pecting, development, and
                             production of minerals
                             and mineral fuels on
                             Federal lands.

 National Park Service     Conservation of natural,
                             historical, and re-
                             creational resources in
                             the park system, includ-
                             ing wilderness areas,
                             parkways, and trails;
                             historic preservation
                             planning surveys and
                             grants; .fish and wild-
                             life.




                         - 60 -
                                                      APPENDIX I


Department or Agency                  Program or Activity

Department of Justice:
  Land and Natural
  Resources Division                  All legal matters re-
                                        lating to title,
                                        possession, and use
                                        of Federal lands and
                                        natural resources.


Department of Transportation:         Transportation in general,
                                        including transporta-
                                        tion research and plan-
                                        ning.


  Federal Aviation Adminis-           Airport planning, develop-
    tration                             ment, and construction


  Federal Highway Adminis-            Highway planning and con-
    tration                             struction


 Urban Mass Transportation            Planning, research,
   Administration                       development, demonstra-
                                        tion and construction
                                        of mass transit facili-
                                        ties


Environmental Protection              Environmental matters in
  Agency                                general, including air,
                                        noise, water, and solid
                                        waste pollution control
                                        program planning; facili-
                                        ties construction; en-
                                        vironmental research
                                        and monitoring.




                             - 61 -
                                                    APPENDIX I

Department or Agency               Program or Activity
Energy Research and
  Development Administration       Energy research in
                                     general, including
                                     extraction and ex-
                                     ploration research
                                     and demonstration
                                     for fossil, nuclear,
                                     solar, geothermal, and
                                     other energy resources.

Federal Energy Administration      Development of policies
                                     and programs for siting,
                                     leasing, and construc-
                                     tion of domestic ener-
                                     gy facilities utiliz-
                                     ing environmentally
                                     sound practices.

Federal Power Administration       Permits and licenses for
                                     siting non-Federal
                                     hydroelectric power pro-
                                     jects, including develop-
                                     ment of recreation facili-
                                     ties at such projects,
                                     and construction and
                                     operation of interstate
                                     pipelines.

General Services Administration    Federal property manage-
                                     ment, including surplus
                                     real property


Nuclear Regulatory Commission      Siting of nuclear facili-
                                     ties; disposal of nu-
                                     clear materials.

Water Resources Council            Grants for development
                                     of water and related
                                     land resources plans.


                          - 62 -
                                                  APPENDIX II

                SIGNIFICANT LEGISLATION IMPACTING ON
              LAND USE PLANNING,-MANAGEMENT, AND CONTROL

Legislation                      Activity and Programming _Aency
PLANNING FOR AND CONTROLLING THE USE OF LAND RESOURCES
Coastal Zone Management          Planr'ng and management grants
  Act of 1972, as amended        to States for coastal lands
                                 and related resources
                                 (National Oceanic and Atmos-
                                 pheric Administration);

Flood Disaster Protection        Regulation of flood plains
  Act of 1973                    (HUD)
Federal Water Pollution
  Control Act Amendments        Section 208: State and area-
  of 1972                       wide plans for wastewater
                                storm and sewer runoff,
                                nonpoint sources of pollu-
                                tion, and land use as it
                                relates to water quality
                                (EPA)

                                Section 404: Permit pro-
                                gram for disposal of
                                dredge and fill material
                                in waterways and wetlands
                                (Army Corps of Engineers
                                and EPA)
Clean Air Act of 1970, as
  amended in June 1974          State implementation plans
                                to achieve air quality
                                standards, including pub-
                                lic transportation modes
                                and the siting of new
                                industrial and public
                                facilities (EPA)




                             - 63 -
                                                    APPENDIX II


Water Resources Planning
  Act of 1965                          Regionally developed
                                       plans for water and re-
                                       lated land resources
                                       (Water Resources
                                       Council)


Solid Waste Disposal Act
  of 1965, as amended by
  the Resources Recovery
  Act of 1970                          Waste management and re-
                                       source recovery systems
                                       construction and plan-
                                       ning to preserve and
                                       enhance the quality of
                                       air, water, and land
                                       resources (EPA)


Public Works and Economic
  Development Act of 1965              Technical and financial
                                       assistance for planning,
                                       construction, and' imprr,ve-
                                       ment of sanitation, tra:is-
                                       portation, industrial, and
                                       skill development facili-
                                       ties in economically de-
                                       pressed areas (Economic
                                       Development Administration)


Federal   Power Act of 1920            Authority for permits and
                                       licenses for siting non-
                                       Federal hydroelectric pow-
                                       er projects, including
                                       development of recreation
                                       facilities at such pro-
                                       jects, and construction of
                                       interstate pipelines.
                                       (Federal Power Commission)




                              - 64 -
                                            APPENDIX II

Housing Act of 1954                  Section 701 compre-
                                     hensive planning
                                     grants with associ-
                                     ated land use plan-
                                     ning requirement
                                     (HUD)
Noise Control Act of 1972            Coordination of Fed-
                                     eral noise research
                                     and control, and
                                     development of noise
                                     emission standards
                                     through land use
                                     as well as other
                                     means (EPA)

Airport and Airway Development
  Act, as amended                    Planning for and ex-
                                     pansion of the
                                     Nation's airport
                                     and airway system
                                     (FAA)
National Environmental Policy
  Act of 1969                        Consideration of
                                     environmental im-
                                     pacts in land use
                                     planning (Council
                                     on Environmental
                                     Quality)

Forest and Rangeland Renewable
  Resources Planning Act of
  1974                               National assessment
                                     and a National pro-
                                     gram for forest and
                                     range renewable re-
                                     sources (Forest
                                     Service)




                            - 65 -
                                                    APPENDIX II


FORESTRY, GRAZING AND CONSERVATION

Pickett Act of 1910                Authorized temporary with-
                                   drawals of public lands
                                   from the operation of
                                   disposal laws, other than
                                   the mining law, for public
                                   purposes (Department of
                                   Interior)


Taylor Grazing Act of 1934         Grazing rights and con-
                                   ditions on public lands
                                   (Bureau of Land Manage-
                                   ment and the Forest
                                   Service)


Clarke-McNary Act of 1924             Federal-State cooperation
                                      for producing and plant-
                                      ing tree seeds and seed-
                                      lings (Forest Service)


Multiple Use-Sustained Yield
  Act of 1960                      Recognition that public
                                   lands contain a variety
                                   of resources and activi-
                                   ties and should be admin-
                                   istered in a multiple use
                                   basis (Forest Service)


Bankhead-Jones Farm Tenant
  Act of 1937                     Provides authority for
                                  the acquisition of lands
                                  for conservation and
                                  utilization; these lands
                                  later became the National
                                  Grasslands (Department
                                  of Agriculture)




                             - 66 -
                                                  APPENDIX II

 Soil Con.ervation   Act             Technical and financial
   of 1935                           assistance for water
                                     and soil conservation
                                     programs and flood pro-
                                     tection (SCS)


National Forest Management
  Act of 1976                       Amends the Forest and
                                     Rangeland Renewable
                                     Resources Planning Act
                                    of 1974 to provide
                                    additional guidance on
                                    the protection, develop-
                                    ment, and management of
                                    National Forest lands.
                                    Also removes restric-
                                    tions on the use of
                                    clear cutting timber
                                    in National Forests and
                                    sets legislative pres-
                                    criptions for forestry
                                    management.


PARKS AND RECREATION

Bureau of Outdoor Recreation
  Act of 1962                       National policy and focal
                                    point on outdoor recrea-
                                    tion plans and programs
                                    (Bureau of Outdoor Recrea-
                                    tion)


National Wilderness Preserva-
  tion System Act of 1964           Federally owned areas
                                    designated by Congress
                                    as wilderness areas
                                    (Departments of Agriculture
                                    and Interior)




                           - 67 -
                                                APPENDIX II


Concessions Policies
  Act of 1965                      Established policies to
                                   guide and control the
                                   establishment of public
                                   accomodations and facili-
                                   ties in national parks
                                   and recreation areas
                                   (National Park Service)


Federal Water Project
  Recreation Act of
  1965                             Planning for any Federal
                                   navigation, flood control,
                                   reclamation, or other
                                   water resource project
                                   must consider outdoor re-
                                   creation (Bureau of Outdoor
                                   Recreation)


Land and Water Conservation
  Fund Act of 1965                 Federal assistance to states
                                   in planning, acquisition,
                                   and development of land and
                                   water areas (Bureau of Out-
                                   door Recreation)


Historic Preservation Acts         Various acts provide for
                                   the preservation of sig-
                                   nificant historic places,
                                   structures, and items
                                   (National Park Service)


National Wild and Scenic
  Rivers Act of 1968               Provides for Federal and
                                   State government administra-
                                   tion of unspoiled essen-
                                   tially primitive river areas
                                   (Departments of Agriculture
                                   and Interior)




                              - 68 -
                                               APPENDIX II


National Trails System
  Act of 1968                     Establishment of a
                                  national system of
                                  trails (National
                                  Park Service)

Federal Surplus Lands
  for Parks and Re-
  creation Act                    Authorized the use of
                                  surplus real property
                                  for parks or recrea-
                                  tional areas (Depart-
                                  ment of Interior)

WILDLIFE

Fish and Wildlife
  Coordination Act
  of 1974                         Authorizes Federal water
                                  resource agencies to
                                  acquire lands specifically
                                  for fish and wildlife
                                  purposes (Department of
                                  Inter ior)

Fish and Wildlife Act
  of 1956                         Provides for acquisition
                                  of refuge lands and
                                  development of facilities
                                  (Fish and Wildlife Service)

Estuarine Areas Act
  of 1968                         Protection, conservation,
                                  and restoration of many
                                  estuaries through Fed-
                                  eral and state programs
                                  (Department of Interior)




                         - 69 -
                                                  APPENDIX II



Endangered Species Act
  of 1973                            Federal programs relating
                                     to wildlife threatened
                                     with extinction (Depart-
                                     ments of Interior and
                                     Commerce)


Marine Mammals Protection
  Act of 1972                        Protection of marine
                                     mammal rookeries and
                                     mating grounds


Federal-Aid in Wildlife
  Restoration Act of 1937            Federal aid and coopera-
                                     tion with states which
                                     pass wildlife conserva-
                                     tion laws (Fish and Wild-
                                     life Service)


Wild Horses and Burros
  Act of 1971                        Protection for free-roam-
                                     ing horses and burros
                                     (Departments of Agriculture
                                     and Interior)


ENERGY AND MINERALS

Outer Continental Shelf
  Lands Act of 1975                  Provides authority for
                                     leasing mineral explora-
                                     tion and development
                                     righits in the Outer Con-
                                     tinental Shelf (Bureau of
                                     Land Management)


Mining Law of 1872                   Provides basic authori-
                                     ties for location and
                                     sale of mineral de-
                                     posits on public lands
                                     (Department of Interior)




                            - 70 -
                                                APPENDIX II

Mineral Land Leasing
  Act of 1920                      Provides the basic
                                   authority and pro-
                                   cedures for manage-
                                   ment of mineral rights
                                   on public lands (Depart-
                                   ment of Interior)


Mining and Minerals Policy
  Act of 1970                      Federal encouragement of
                                   private enterprise to
                                   develop domestic mining,
                                   minerals, metal, and
                                   mineral reclamation in-
                                   dustries (Department
                                   of Interior)


Federal Energy Administration
  Act of 1974                      Policies and programs to
                                   increase production and
                                   utilization of energy
                                   from domes-ic sources
                                   (FEA)


OTHER LAND MATTERS

Federal Property and
  Administrative Services
  Act of 1949                     Authority for Federal
                                  real property utiliza-
                                  tion and disposal pro-
                                  grams (GSA)



Trans Alaska Pipeline             Expedited construction of
  Authorization Act               the Alaska Pipeline, estab-
  of 1973                         lished a comprehensive
                                  national policy for the
                                  granting of oil and natural
                                  gas pipeline right-of-way
                                  across public lands, and
                                  spells out environmental
                                  protection measures during
                                  construction and operation
                                  (Department of Interior)


                             - 71 -
                                                  APPENDIX II
 The Snyder Act of 1924 and
   the Indian Reorganization
   Act of 1934
                                    Development of Indian
                                    and Native Alaskan
                                    human and natural re-
                                    source potentials
                                    (Bureau of Indian Affairs)

Alaska Native Claims
  Settlement Act of
   1971                            Provides for land grants to
                                   natives; classification of
                                   lands as a prerequisite for
                                   disposal; and possible addi-
                                   tions to national forests,
                                   parks, wildlife refuges,
                                   and wild and scenic rivers
                                   (Department of Interior)

Federal Land Policy and
  Management Act (BLM
  Organic Act)
                                   Consolidates into a single
                                   statute the authority for
                                   the management of public
                                   lands administered by the
                                   Bureau of Land Management,
                                   Department of the Interior

PaymentF in Lieu of
  Taxes Act                        Reforrms the system of
                                   makino payments to state
                                   and lo,-al governments to
                                   compensate them for tax
                                   immunity of Federal lands.




                          - 72 -
                                                   APPENDIX II

HOUSING AND TRANSPORTATION
Housing and Community
  Development Act of
  1974                              Omnibus legislation which
                                    outlines Federal involve-
                                    ment in a wide range of
                                    community development ac-
                                    tivities. Communities
                                    qualifying for block grants
                                    must submit housing and
                                    community development plans
                                    (HUD)

Federal-Aid Highway
  Act, as amended                   Financial and technical
                                    assistance to State and
                                    local governments for con-
                                    structing and improving
                                    highways, highway related
                                    safety programs and trans-
                                    portation planning.

Urban Mass Transportation
  Act of 1964                       Research and development
                                    and technical/financial
                                    assistance to commun i es
                                    seeking to meet their mass
                                    transit needs.  (DOT)




                        -    73 -
                                           APPENDIX III


        CONGRESSIONAL COMMITTEES AND SUBCOMMITTEES
          WITH INTEREST OR RESPONSIBILITIES FOR
    LAND USE PLANNING, MANAGEMENT, AND CONTROL ACTIVITIES


SENATE

     Committee on Agriculture, Nutrition, and Forestry
       Subcommittee on Environment, Soil Conservation
         and Forestry

     Committee on Appropriations
       Subcommittee on Agriculture and Related Agencies
       Subcommittee on Housing and Urban Development and
         Independent Agencies
       Subcommittee on Interior
       Subcommittee on Military Construction
       Subcommittee on Public Works
       Subcommittee on State, Justice, Commerce,
         The Judiciary

    Committee on Armed Services
      Subcommittee on Military Construction and Stockpiles

    Committee on Banking, Housing and Urban Affairs
      Subcommittee on Housing and Urban Affairs
      Subcommittee on Oversight

    Committee on Budget

    Committee on Government Operations

    Committee on Energy and Natural Resources
      Subcommittee on Parks and Recreation
      Subcommittee on Public Lands and Resources

    Committee on Environment and Public Works
      Subcommittee on Environmental Pollution
      Subcommittee on Water Resources
      Subcommittee on Regional and Community Development
      Subcommittee on Resource Protection




                          - 74 -
                                              APPENDIX III

HOUSE

        Committee on Agriculture
          Subcommittee on Forests
          Subcommittee on Conservation and Credit
          Subcommittee on Department Operations,
            Investigation and Oversight
          Subcommittee on Family Farms, Rural
            and Special Studies               Development,

    Committee on Appropriations
      Subcommittee on Agriculture and Related
      Subcommittee on HUD - Independent       Agencies
                                        Agencies
      Subcommittee on Interior
      Subcommittee on Military Construction
      Subcommittee on Public Works
      Subcommittee on State, Justice, Commerce,
        and Judiciary
    Committee on Armed Services
      Subcommittee on Military Installations
        Facilities                           and

    Committee on Banking, Currency and
                                       Housing
      Subcommittee on Historic Preservation
                                            and
        Coinage
      Subcommittee on Housing and Community
        Development
   Committee on Budget
     Subcommittee on Community and Physical
                                            Resources
   Committee on Government Operations
     Subcommittee on Environment, Energy,
                                          and
       Natural Resource
   Committee on Interior and Insular
                                      Affairs
     Subcommittee on Energy and the Environment
     Subcommittee on Mines and Mining
     Subcommitte.. on National Parks and
     Subcommittee on Indian Affairs arid Insular Affairs
     Subcommittee on General Oversight Public Lands
                                         and Alarka Lands
   Committee on Merchant Marine and Fisheries
     Subcommittee on Fisheries and Wildlife
       Conservation and the Environment
     Subcommittee on Oceanography



                          - 75 -
                                      APPENDIX III
Committee on Public Works and Transportation
  Subcommittee on Economic Development
  Subcommittee on Investigations and Review
  Subcommittee on Water Resources
Committee on Science and Technology
  Subcommittee on Environment and the Atmosphere
Ad Hoc Select Committee on Outer Continental Shelf




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                                              APPENDIX IV

    PUBLIC AND PRIVATE ORGANIZATIONS CONCERNED WITH
    LAND USE PLANNING, MANAGEMENT, AND CONTROL MATTERS

American Conservation Association, New York, N.Y.
American Forestry Association, Washington, D.C.
American Institute of Architects, Washington, D.C.
American Institute of Real Estate Appraisers, Chicago, Ill.
American Institute of Planners, Washington, D.C.
American Law Institute, Philadelphia, Pa.
American Mining Congress, Washington, D.C.
American Society of Planning Officials, Chicago, Ill.
Appalachian Trail Conference, Harpers Ferry, W. Va.
Chamber of Commerce of the U.ited States, Washington, D.C.
Conference of National Park Concessioners
Coastal Zone Management Institute
Conservation Foundation, Washington, D.C.
Council of State Governments, Lexington, Ky.
Environmental Defense Fund, Inc., Washington, D.C.
Environmental Law Institute, Washington, D.C.
Environmental Policy Center, Washington, D.C.
Friends of the Earth, Washington, D.C.
Izaak Wa.-on League of America, Glenview, Ill.
League of Women Voters, Washington, D.C.
National Association oi Conservation Districts, Washington, D.C.
National Association of Counties, Washington, D.C.
National Association of Home Builders, Washington, D.C.
National Association of Manufacturers, New York, N.Y.
National Association of Regional Councils, Washington, D.C.
National Audubon Society, New York, N.Y.
National Forest Products Association, Washington, D.C.
National Governors Conference, Washington, D.C.
National League of Cities, Washington, D.C.
National Parks and Conservation Association, Washington, D.C.
National Planning Association, Washington, D.C.
National Recreation arnd Parks Association, Arlington, Va.
National Research Council, Washington, D.C.
National Resources Defense Council, Washington, D.C.
National Wildlife Federation, Washington, D.C.
Nature Conservancy, Arlington, Va.
Resources for the Future, Inc., Washington, D.C.
Sierra Club, Washington, D.C.
Society for Range Management, Denver, Co.
Society of American Foresters, Washington, D.C.
Soil ConservaCion Society of America, Ankeny, Iowa
Urban Land Institute, Washington, D.C.
h.lderness Society, Washington, D.C.
Wildlife Management Institute, Washington, D.C.




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