National Center for Public Lands Counties

The Original Struggle for Ownership

The formation of the U.S. federal government was influenced by the struggle for control over what was known as the “western” lands—the lands between the Appalachian Mountains and the Mississippi River that were claimed by the original colonies

Cessation of Land to the Federal Government

The states ceded the lands to the developing new federal government, which, together with granting constitutional powers, helped transform the weak central government under the Articles of Confederation into the centralized federal government under the U.S. Constitution that we know today

Early Debates on Land Use

Federal land laws sought to guide the use of land, and there was debate between the preservation and conservation of national public property vs. local use and development which only accelerated as more land was acquired

An Inflection Point

Emphasis shifted during the 20th century from the disposal and conveyance of title for federally-owned lands to private citizens to the retention and management of the remaining federal lands, a trend solidified by the Taylor Grazing Act in 1934

Federal Land Policy and Management Act and National Forest Management Act (1976)

Congress expressly declared that the remaining public domain lands generally would remain in federal ownership; the Sagebrush Rebellion formed in response, an effort that started in the late 1970s to strengthen state or local control over federal land and management decisions

Present Day

Current authorities for acquiring and disposing of federal lands are unique to each agency; there have not been broad changes to the level of federal ownership despite judicial challenges, legislative and executive efforts