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Show PREFACE THE SYSTEM of private land ownership in most of the states can be traced to the public land system developed after the Revolutionary War. In Older to form and maintain the Union, those states asserting claims west of their traditional boundaries ceded their interests to the National Government. This Federal public domain grew as the Nation's sovereignty became established across the continent. Contrary to the traditions of sovereigns elsewhere in the world, the United State disposed of much of the land at nominal prices and encouraged private ownership. At the same time, in order to promote the common school system and, later, institutions of higher learning, Congress granted substantial acreages to new states as they were formed. In two years, the Nation will celebrate the 100th anniversary of the establishment of Yellowstone as the first national park, when Americans became aware that some of the rare public domain should be set aside and dedicated to provide for their enjoyment, ". . . in such manner and by such means as will leave them unimpaired for the enjoyment of future generations." * Although the National Government provided for the reservation of forest resources in 1891 and subsequently set aside other lands for various purposes, the emphasis continued on disposal well into this century as detailed in the History of Public Land Law Development, prepared for this Commission as part of its study program.2 Despite the fact that controversy surrounded the establishment of many different types of programs on public domain lands, Professor Gates, in the History referred to above, came to the following conclusion: Many Americans take great pride in the national parks, enjoy the recreational facilities in the national forests, and in large numbers tour the giant dams and reservoirs of the Reclamation Service. National pride in the possession and enjoyment of these facilities seems to be displacing the earlier views. The increased demand for the use of the public lands during and after World War II gave rise to a need for new management and disposal tools concerning the public lands. The inability of Congress and the administrators of public lands to resolve all the conflicting demands being made on the lands led to a multitude of suggestions for various amendments or additions to the body of public land laws. The interrelationships among all segments of public land law led to the conclusion that a broad review should be undertaken in order to assure that no facet of public land policy was being overlooked. In reporting out the legislation which resulted in the establishment of the Public Land Law Review Commission, both of the committees of Congress that were involved stated: It is the considered opinion of the committee that the necessary comprehensive study required of the public land laws cannot be carried out successfully by this committee acting alone. The committee believes that due to the many and varied factors, considerations, and interests involved, only a bipartisan commission supplemented by an advisory council made up of the many interested users of the public lands would be in a position to coordinate and supervise effectively such a broad study. H.R. 8070, if enacted as amended, will establish such a bipartisan commission to conduct a review of existing public land laws and regulations and recommend revisions necessary therein. The commission and its staff would be assisted by liaison officers from Federal agencies with a direct interest.3 The Commission as established is comprised of 19 members: Six appointed by the Speaker of the House of Representatives and six appointed by the President of the Senate, equally divided between the two major parties from among the membership of the respective Committees on Interior and Insular Affairs; six appointed by the President of the United States from persons outside of the Federal Government; and a Chairman elected by the 18 appointed members. The full text of the statute creating the Commission appears in Appendix A to this report.4 Certain salient provisions must, however, be kept in mind: 1. Section 10 of the Commission's Organic Act defines as follows the lands concerning which the Commission was charged with responsibility for making recommendations: As used in this Act, the term "public lands" includes (a) the public domain of the United States, (b) reservations, other than Indian reservations, created from the public domain, (c) lands permanently or temporarily withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws, including the mining UeU.S.C. §1 (1964). 2 Paul Wallace Gates and Robert W. Swensen, History of Public Land Law Development. PLLRC Study Report, 1968. 3H. R. Rep. No. 1008, 88th Cong., 1st Sess. 8 (1964); S. Rep. No. 1444, 88th Cong., 2d Sess. 5 (1964). 4 43 U.S.C. §§ 1391-1400 (1964) as amended, (Supp. IV, 1969). IX |