|
<br />~
<br />
<br />0011
<br />
<br />acts of admission of the western states, which guaranteed each
<br />state "equal footing with the original States i~all respects
<br />whatever" (~, ~.~., 9 Stat. 452), reserved to the federal
<br />government ownership of unappropriated lands within the
<br />state, but made no provision with respect-to unappropriated
<br />waters. See, ~.~., California v. United States, supra, 438 U.S.
<br />at 654. Much of the land originally owned by the federal
<br />government has been sold or disposed of under the terms of
<br />the federal public land laws 22/ but the federal government
<br />still holds title to substantial acreage in the West. 23/
<br />
<br />The lands owned by the federal government are generally
<br />classified as either "public domain" or "reserved" lands. The
<br />public domain includes lands that are open to settlement, public
<br />sale or other disposition under the federal public land laws,
<br />and not exclusively dedicated to any specific governmental
<br />or public purpose. See, ~.~., Federal Power Commission v. Oregon,
<br />349 U.S. 435, 443-44 (1955); United States v. Minnesota,
<br />270 U.S. 181, 206 (l926). Public domain lands are for the
<br />most part managed by the Department of the Interior, through
<br />
<br />22/ The term "public land laws" is generally used to refer to
<br />statutes providing for the sale or disposition of public
<br />lands, such as the Homestead Act, May 20, 1862, 12 Stat. 392,
<br />43 V.S.C. S 161 (1970), and the Desert Land Act of 1877, March
<br />3,1877,19 Stat. 377, 43 V.S.C. S 321 et ~., which provided
<br />for land grants to settlors of western lands, and various statutes
<br />providing for the sale or grant of public lands to private individuals
<br />or the states under conditions set by Congress. See, ~.~.,
<br />Act of Aug. 18, 1894, 28 Stat. 422, 43 U.S.C. S 641 (l976);
<br />Public Lands Act of 1964, Pub. L. 88-606, 78 Stat. 982, 43 V.S.C.
<br />S 1391 ~~. (1970). The sale and disposition of public
<br />lands are now governed primarily by the Federal Land policy
<br />and Management Act, Pub. L. 94-579, 90 Stat. 2744, 43 U.S.C.
<br />S 1701 et seq. Public land laws are usually distinguished
<br />from minIng laws, which govern the mining of hard minerals on
<br />public lands, and mineral leasing laws, which provide for
<br />leasing of public lands for gas and oil. See generally 63
<br />Am. Jur. 2d "Public Lands," S 2. ---
<br />
<br />23/ In 1978 the Supreme Court recited that the percentage of
<br />federally owned land in the western states, excluding Indian
<br />reservations and trust properties, ranged from 29.5% of the
<br />land in the State of Washington to 86.5% of the land in the
<br />state of Nevada, with an average of approximately 46%. See
<br />United States v. New Mexico, supra, 438 U.S. at 699 n.3
<br />(1978) .
<br />
<br />-15-
<br />
|