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Show measured to determine what does and what does not contribute to the maximum benefit for the general public. 3. Our studies, among other things, should, therefore, be aimed at examining these aspects of the public lands concerning which the Commission must make recommendations: a. The purposes that the public lands serve in contributing to "the maximum benefit for the general public," to permit ultimately an evaluation of whether these purposes should be reaffirmed or redefined. b. The existing policies and practices in the broadest sense, including statute law and judicial and administrative interpretations applicable to the public lands, to determine whether they are so designed as to give reasonable assurance that "the maximum benefit for the general public" is being or can and will be attained. C. REQUIRED ACTIONS 1. To make a comprehensive review of the public land laws and the rules and regulations promulgated thereunder applicable to the lands concerning which the Commission must make its recommendations. Comment.-(1) The Declaration of Purpose of the Act6 states that such review is necessary. The Act further elaborates on how this review is to be accomplished by requiring the Commission to: (a) "Study existing statutes and regulations governing the retention, management, and disposition of the public lands"; and (b) "Review the policies and practices of the Federal agencies charged with administrative jurisdiction over such lands insofar as such policies and practices relate to the retention, management, and disposition of those lands." 7 (2) The accomplishment of this comprehensive review must be in two stages: (a) An examination of the laws, rules, and regulations to determine "where we are" and "how we got here"; and (b) An evaluation of those laws, rules, and regulations. 2. To "compile data necessary to understand and determine the various demands on the public lands which now exist and which are likely to exist within the foreseeable future." 8 Comment.-The data so compiled are necessary to permit the Commission to determine whether 6 Section 2. 7 Section 4(a). s Ibid. present laws are "inadequate to meet the current and future needs of the American people," one of the main overall requirements of the Commission (II. A. 2., above). These data will reflect current and future commodity use from the public lands with relationship to national and regional economic demands for the commodities. Development of the data will entail projecting technological improvement in resource extraction practices. 3. To evaluate the capacity of the public lands concerning which the Commission must make its recommendations, to determine in what circumstances those lands "provide the maximum benefit for the general public" when retained and managed under Federal ownership, and in what circumstances "they provide the maximum benefit for the general public" in non-Federal ownership. Comment.-This requirement serves to develop the basis for the Commission's recommendations. Accordingly, most, if not all, studies must be so structured as to permit analysis as to whether, and under what circumstances, retention or disposition provides maximum benefit for the general public. D. OTHER NECESSARY ACTIONS 1. To review the authorities exercised by the legislative and executive branches with regard to the public lands concerning which the Commission is required to make recommendations. Comment.-(1) Consideration of many individual pieces of legislation, testimony, and discussion have revolved around the degree of responsibility and authority to be exercised by the legislative branch and the degree to be delegated by it to the executive branch. (2) The legislative history of the Act, and much of the dialogue in support of the legislation for establishment of the Public Land Law Review Commission, indicate that significant inpetus for the Commission study came from the belief by many that Congress was not fulfilling its constitutional responsibility to make rules governing the use and disposition of public lands. This, they maintained, left the executive branch with inadequate legislative guidelines, and resulted in the assertion of executive authority to fill the void. (3) It is, therefore, necessary to undertake studies to indicate: (a) the extent, if any, to which Congress has abdicated its authority; (b) the extent, if any, to which the Executive has filled the gap by assuming policy-making with regard to the use and disposition of the public lands; and (c) the extent, if any, to which the Executive 311 |
