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Federal Lands . The Production Spectrum. Government Influence on the Production of Goods and the Provision of Services. Public Private Under coercion Regulation Financial Incentive – taxation, loan, infrastructure construction (water treatments, sewers, roads)

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Government Influence on the Production of Goods and the Provision of Services

  • Public

  • Private

  • Under coercion

  • Regulation

  • Financial Incentive – taxation, loan, infrastructure construction (water treatments, sewers, roads)

  • 2. Without any coercion – “free market”

  • There ain’t no such thing as a free lunch (TANSLAAFL)


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Minnesota Recreation Provision of Services



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The Dynamic of Public and Private Lands Provision of Services

  • Public lands and private lands represent the ends of a spectrum that describe how goods are produced and how services are provided

  • Decisions about public lands are reflected in the decisions about private lands

  • Goods produced from the public lands and the services provided by public lands represent the outcome of several debates about the role and responsibility of government 

  • Rarely does a session of Congress not enact legislation, either to convey or to acquire title to a parcel of land

  • LexisNexis Congressional


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Paradigm for Public Lands Provision of Services

  • Public lands are not historical accidents

  • They represent the outcomes of decisions that we have collectively made to produce goods and provide services from land owned by government rather than privately owned lands

  • Federal lands reflect decisions to produce goods and provide services from lands owned by the federal government


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Federal Lands Provision of Services

  • 31.1% of the surface area – 703 million acres – of the United States

  • Lands or interest in lands owned by the federal government

  • Administered by a variety of agencies

  • Public domain lands –

    • never left federal ownership

    • acquired in exchange for public domain lands or for the timber on public domain lands

  • Acquired lands – purchased, condemned, donated, or exchanged

  • Land to which the federal government does not fully own

  • Lands on the Outer Continental Shelf and lands held for the benefit of American Indians are not classed as "public land"


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Federal Lands Provision of Services

  • Since the objective of federal domestic policy was to privatize the nation's land surface why does the federal government still possess title to approximately one third of it?

  • Remember

  • In the eighteenth & nineteenth centuries

  • individuals migrated into a largely uninhabited

  • continental interior in response to federal policy

  • aimed at creating and promoting private

  • landownership



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Land Ownership in Minnesota Provision of Services


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Rural Uses Provision of Services

National Park System

National Forests

National Grasslands

Wilderness Areas

National Wildlife Refuges

Dams and Reservoirs

Army Corps of Engineers

Bureau of Reclamation

Urban Uses

Federal Courthouses

Customs & Immigration Posts

Post Offices

Flood Control Structures

The Minneapolis Federal Reserve Building

VA Hospitals

EPA laboratories

Fort Snelling National Cemetery

Bureau of Mines property

Federal Buildings in Minnesota (GSA)

Major Uses of Federal Land


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Federal Lands Provision of Services

  • Majority in the West

  • Federal government once owned as much as 80% of the surface area but disposed of 1.1 billion acres to individuals, corporations and states

  • Four agencies manage 96% of the federal land

  • USDA Forest Service (1905)

  • Bureau of Land Management (1946)

  • Fish and Wildlife Service (1940)

  • National Park Service (1916)

  • Each of these possesses its own mission and responsibilities for managing the lands

  • Each has acquired title to land throughout its existence


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  • The Provision of ServicesDepartment of the Interior manages 445 million surface acres, including 56 million acres of lands held in trust for American Indians

  • Much of this lands are located in separate management units

  • 379 national parks

  • 74 national monuments

  • 521 wildlife refuges

  • 742 dams

  • Includes 57,000 buildings

  • The Bureau of Land Management

  • 264 million acres of land ca. 12% total surface area - 40% of all federal lands

  • primarily located in the 11 western states and Alaska

  • Descendant of the General Land Office – the federal real estate agency 1812-1946


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The Minerals Management Service Provision of Services (Dept of the Interior)

  • 560 million acres of subsurface mineral resources throughout the country

  • 3 billion acres of Outer Continental Shelf lands containing natural gas, oil, and other mineral resources

  • 42 million acres of the OCS under lease supply approximately 27% of the natural gas and approximately 20% of the oil produced in the United States

  • Obama to Open Offshore Areas to Oil Drilling for First Time (New York Times)

  • Collects and disburses revenues from such leases and onshore mineral leases on Federal and Indian lands


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Federal Lands Provision of Services

  • Administered by a variety of agencies

  • Administered for a variety of purposes

  • Acquired by the federal government at different times and in different ways



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Military Bases Provision of Services


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1796-1934 Privatizing land the principal objective Provision of Services

  • 1796-1812  Early attempts to privatize land under Congressional supervision

  • 1812-1946  Privatizing land - the federal real estate agency the General Land Office

  • 1812-1862  Land as a source of revenue

  • 1862-1935  Land as a subsidy for settlement - homestead, railways, etc

    • 1872 Yellowstone National Park established

    • 1891 President authorized to reserve forest land still in federal ownership

    • 1906 President authorized to protect antiquities on federal land


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1796-1934 Privatizing land the principal objective Provision of Services

  • 1911  Weeks Act, allowing the USDA to acquire privately owned cutover forestland for watershed purposes

  • 1924  Clarke-McNary Act, allowing the USDA to acquire cutover forestland for forestry demonstration purposes

  • 1934 The Taylor Grazing Act ending privatization in general

  • 1946 The Bureau of Land Management established as successor to the General Land Office

  • to manage lands owned by the federal government and not reserved

  • 261 million acres of land, primarily in the 12 Western States and Alaska


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Major Legislation Provision of Services

  • 1872 Yellowstone National Park (16 USC 21 et seq)

  • 1891 Forest Reserve Act

  • 1906 Antiquities Act (16 USC 431 et seq)

  • 1911 Weeks Act (16 USC 552 note)

  • 1916 National Park Service Organic Act (16 USC 1 note)

  • 1924 Clarke-McNary Act (June 7, 1924, ch. 348, 43 Stat. 653)

  • 1934 Taylor Grazing Act (16 USC 315 note)

  • 1960 Multiple-Use Sustained-Yield Act of 1960 (16 USC 528 note)

  • 1964 Wilderness Act (16 USC 1131 et seq)

  • 1976 Federal Land Policy and Management Act (16 USC 1701 et seq)


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Question of Jurisdiction Provision of Services

  • Nowhere comprehensively compiled

  • Article 1 Section 8 (Jurisdictional clause)

  • The Congress shall have Power to exercise exclusive Legislation in all Cases

  • whatsoever, over such District (not exceeding ten Miles square) as may, by

  • Cession of particular States, and the Acceptance of Congress, become the Seat

  • of the Government of the United States, and to exercise like Authority over all

  • Places purchased by the Consent of the Legislature of the State in which the

  • Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and

  • other needful Buildings


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Minnesota Statutes 1.042 Provision of Services (Laws 1943 c 343)

  • Subdivision 1. The consent of the State of Minnesota is given in accordance with the Constitution of the United States, Article I, Section 8, Clause 17, to the acquisition by the United States in any manner of any land or right or interest in land in this state required for sites for customs houses, courthouses, hospitals, sanitariums, post offices, prisons, reformatories, jails, forestry depots, supply houses, or offices, aviation fields or stations, radio stations, military or naval camps, bases, stations, arsenals, depots, terminals, cantonments, storage places, target ranges, or any other military or naval purpose of the United States

  • Subd. 3. Conditions and reservations. The right of the state to cause its civil and criminal process to be executed in any ceded land or place is reserved to the state.  The state also reserves the right to impose the following taxes ....


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Piecemeal acquisition of the lands, piecemeal acquisition of jurisdiction

  • Voyageurs National Park

  • Federal Legislation (Pub. L. 91–661, Jan. 8, 1971, 84 Stat. 1970; 16 USC 160 et seq)

  • Minnesota Statutes 84B.061 (Laws 1995 c.124)

  • Minnesota Statutes 1.045  (Laws 1995 c.124)


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Voyageurs National Park jurisdiction

  • Contains 218,054 acres - 134,265 acres of land and 83,789 acres of water

  • Authorized on January 8, 1971 (16 USC 160 et seq)

  • The Secretary of the Interior is authorized to establish the Voyageurs National Park in the State of Minnesota, by publication of notice to that effect in the Federal Register at such time as the Secretary deems sufficient interests in lands or waters have been acquired for administration ….

  • Formally established on April 8 1975 (40 FR 15921)

  • National Park Service Site

  • Voyageurs National Park Association

  • Snowmobile Restrictions in Voyageurs NP

  • Minnesota Statutes 2005

  • The Political Geography of National Parks (Pacific History Review 2004)


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Federal lands comprise two groups jurisdiction

  • Lands the federal government has always owned – lands that were never sold or granted to individuals, corporations, or states

    • never offered under the federal land statutes – surveyed after 1891 when the President was authorized to establish forest reserves and subsequently reserved as forests, parks, monuments, wildlife refuges

    • never acquired by individuals, corporations, or states – considered "worthless"

  • B. Lands that the federal government reacquired after having conveyed them to individuals, corporations, or states

    • acquired voluntarily – by purchases, exchanges, donations

    • acquired involuntarily – by condemnation, confiscation, bankruptcy proceedings


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Federal Forest Lands jurisdiction

  • Weeks Act 1911 (36 Stat. 961) allowed federal government to acquire cutover forest land in mountainous areas – National Forest Reservation Commission

  • Clark-McNary Act 1924 amended the Weeks Act, expanding it to allow the Forest Service to purchase lands needed to produce timber and to enter into agreements with the states to protect state owned and private lands against fire

  • Also continued the cooperative relationships with nonfederal forestry programs formalized by the Weeks Act


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Federal Forest Lands jurisdiction



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National Forest System jurisdiction

  • National Forests legislation 16 USC Chapter 2

  • Superior National Forest

    • Boundary Waters Canoe Wilderness Area

    • Article (Isaac Walton League)

  • Chippewa National Forest

  • Roadless Areas

  • New rule opens up forests

  • Off-highway regulations

  • Forest Industry Court Cases

  • National Grasslands

  • National Trails



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National Park Service jurisdiction

  • Manages a national park system comprising

  • 379 separate units that cover over 80 million acres

  • 2 million acres of which are privately owned

  • approximately 16,000 permanent structures and

  • 8,000 miles of roads

  • 161,498 urban acres and 72,380,105 rural acres

  • National Park legislation 16 USC 1 et seq

  • NPS regulations. 36 CFR 1-199

  • Court case Edmonds Institute, et al v. Babbit

  • Listing of Acreage by Unit

  • Description of Units

  • Criteria for Parkland

  • Park Histories


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Chronology of the National Parks jurisdiction

Lee, Ronald (1972) Family Tree of the National Park System


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National Park Service in Minnesota jurisdiction

  • 16 US Code National Parks, Military Parks, Monuments and Seashores

  • Voyageurs National Park

  • Wild and Scenic Rivers Legislation

  • St. Croix National Scenic Riverway

  • Lower St. Croix

  • Mississippi National River & Recreation Area

  • Pipestone NM

  • Grand Portage NM

  • North Country National Scenic Trail


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St Croix Wild & Scenic River jurisdiction

  • Upper St Croix authorized in Wild & Scenic Rivers Act of 1968 (16 USC 1271 et seq)

  • The Lower St. Croix River added in 1972

  • National Park Service Site

  • Time and the River: A History of the St. Croix (Karamansky, 2002)

  • Endangered? The Scenic St. Croix (Water Resources Center, UMN)

  • St. Croix River Crossing (Minnesota DoT)


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Upper St. Croix jurisdiction

  • The segment between the dam near Taylors Falls, Minnesota, and the dam near Gordon, Wisconsin, and its tributary, the Namekagon, from Lake Namekagon downstream to its confluence with the Saint Croix

  • To be administered by the Secretary of the Interior

  • No funds … may be expended to acquire or develop lands in that portion of the Saint Croix River between the dam near Taylors Falls, Minnesota, and the upstream end of Big Island in Wisconsin, until sixty days after the date on which the Secretary has transmitted to the President of the Senate and Speaker of the House of Representatives a proposed cooperative agreement between the Northern States Power Company and the United States


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NSP Agreement jurisdiction

  • the company agrees to convey to the United States, without charge, appropriate interests in certain of its lands between the dam near Taylors Falls, Minnesota, and the upstream end of Big Island in Wisconsin, including the company’s right, title, and interest to approximately one hundred acres per mile

  • the company would the lands and interests in the lands retains between said points adjacent to the river in a manner which shall complement and not be inconsistent with the purposes for which the lands and interests in land donated by the company are administered under this chapter


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Lower Saint Croix, Minnesota and Wisconsin jurisdiction

  • The segment between the dam near Taylors Falls and its confluence with the Mississippi River

  • The upper twenty-seven miles of this river segment shall be administered by the Secretary of the Interior

  • The lower twenty-five miles shall be designated by the Secretary upon his approval of an application for such designation made by the Governors of the State of Minnesota and Wisconsin

  • The Wild & Scenic Lower St. Croix River (Minnesota)

  • Lower St. Croix National Scenic Riverway (Wisconsin)


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Stillwater Bridge jurisdiction

  • Minnesota Department of Transportation

  • Sierra Club 1996

  • Sierra Club sues to block new Stillwater bridge (Minnesota Public Radio, 2007)

  • Sierra Club protests St. Croix River bridge (Star Tribune, 2009)

  • Judge blocks 'massive' bridge over St. Croix Star (Tribune March 11, 2010)

  • Bachmann, Sierra Club Spar Over St. Croix Bridge (WCCO, 2010)


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Mississippi National River & Recreation Area jurisdiction

  • Established in 1988 (16 USC 460zz et seq)

  • Boundaries enclose about 54,000 acres and 72 miles of river

  • Either side of the Mississippi - from Dayton and Ramsey to Hastings

  • Only 35 acres are owned by the federal government

  • Contain the only gorge and waterfall on the main course of 2,350 miles of river

  • A New Mississippi National River and Recreation Area (Minnesota House Research)


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U.S. Fish and Wildlife Service jurisdiction

  • 93,628,302 acres of land

  • 5,418 buildings

  • Digest of Federal Resource Laws

  • National Wildlife Refuge Legislation

  • Fisheries and Habitat Conservation

  • Duck Stamps

  • Endangered Species Program


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US Fish & Wildlife Service in Minnesota jurisdiction

  • National Wildlife Refuge Legislation

  • Upper Mississippi Fish & Wildlife Refuge

  • Minnesota Valley National Wildlife Refuge

  • Minnesota Valley National Wildlife Refuge Protection Act of 1999

  • Impact of Airport Expansion on the Minnesota Valley NWR (House Committee on Resources, Oversight Hearings)


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Wildlife Refuges jurisdiction


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Upper Mississippi River National Wildlife and Fish Refuge jurisdiction

  • Longest refuge – extending 261 miles along the Mississippi River

  • The Upper Mississippi River Wild Life and Fish Refuge Act enacted June 7, 1924

  • Authorized the Secretary of the Interior to acquire land for a refuge between Rock Island, Illinois and Wabasha, Minnesota

  • Contains approximately 240,000 acres of land and water

  • Includes land administered by the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers in 19 counties across four states


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Minnesota Valley National Wildlife Refuge jurisdiction

  • Established in 1976 (Pub. L. 94-466, Oct. 8, 1976, 90 Stat. 1992; 16 U.S.C. 668kk et seq)

  • The Minnesota National Wildlife Refuge has been set out in the table of National Wildlife Refuges under section 668dd of this title

  • To provide habitat for migratory waterfowl, fish, and other wildlife species threatened by commercial and industrial development

  • Comprises 14,000 acres, stretching for 34 miles from Fort Snelling State Park to Jordan, Minnesota

  • Refuge has eight units, four of which have trails and interpretive signs

  • The Visitor Center is located in Bloomington, one mile east of the Mall of America



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  • Refuges are typically set up in two stages jurisdiction

  • The Service is provided the authority to create the refuge

  • Such authority can be provided

  • by the Congress, either through specific legislation or earmarks in the Service’s land and water fund appropriation

  • by the President, through an executive order

  • by the Service Director

  • At the time a refuge is created, land may or may not be associated with it, and its boundaries may or may not have been fixed


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  • The land is acquired and the refuge is jurisdiction considered to be “established”

  • Subsequently, a refuge can be expanded when additional land is acquired

  • Such an expansion can occur with land acquired within the original refuge boundaries or, following a decision to extend the boundaries, with land acquired outside the original boundaries

  • Migratory Bird Conservation Commission

  • Uses two funds to purchase land for establishing or expanding refuges

  • The Migratory Bird Conservation Fund

  • The Land and Water Conservation Fund


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The Migratory Bird Conservation Fund jurisdiction

  • Provides the Department of the Interior with financing for the acquisition of migratory bird habitat.

  • Four major sources of money for the Fund

  • Revenue received from the sale of Migratory Bird Hunting and Conservation Stamps, commonly known as Duck Stamps, as provided for under the Migratory Bird Hunting and Conservation Stamp Act of March 18, 1934, as amended

  • Appropriations authorized by the Wetlands Loan Act of October 4, 1961, as amended

  • Import duties collected on arms and ammunition;

  • Receipts from the sale of refuge admission permits as provided for by the Emergency Wetlands Resources Act of 1986

  • Supplemented by receipts from the sale of products from rights-of-way across national wildlife refuges, disposals of refuge land, and reverted Federal Aid funds


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The Land and Water Conservation Fund jurisdiction

  • Established in 1965 to acquire recreation land

  • Also supported by several revenue sources, such as user fees for outdoor recreation activities

  • For expenditures from this fund, the Service annually proposes acquisitions for federal funding, and the Congress appropriates funds and specifies which refuges can be established or expanded with land and water funds

  • In fiscal year 1999, the Service received about $65 million from the migratory bird fund and about $48 million from the land and water fund to acquire refuge land

  • LAWCON Minnesota


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  • 23 refuges were established fiscal years 1994-1998 jurisdiction

  • 8 used federal funds - $4 million from the land and water fund.

  • No migratory bird funds used

  • 15 refuges were established with land that was donated, transferred, or exchanged

  • Subsequently expanded 20 of the 23 refuges, using land and water funds

  • totaling $29 million for 14 refuges, and donations, transfers, and/or exchanges for the

  • remainder

  • The Service anticipates seeking another $630 million in land and water funds to

  • continue the expansion of 10 refuges established without federal funds


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US Army Corps of Engineers means

  • Provides over 30 percent of the recreational opportunities on Federal lands.

  • Largest provider of water-based recreation with over 25 million individuals visiting a Corps project at least once each year

  • St Paul District


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The Bureau of Reclamation means

  • The nation’s second largest wholesale water supplier

  • manages 348 reservoirs with a total storage capacity of 245 million acre-feet

  • delivers 10 trillion gallons of water to more than 31 million people each year

  • provides 1 out of 5 Western farmers with irrigation water for 10 million acres

  • producing 60% of the nation’s vegetables and 25% of its fruits and nuts

  • The fifth largest electric utility in the 17 western States

  • operates 59 hydroelectric power plants averaging 42 billion kilowatt-hours annually,

  • operates 343 dams,

  • manages 308 recreation sites visited by 90 million people a year



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