FLPMA's wilderness study areas: valid existing rights and nonimpairment standard
Conflict between mineral lease development and wilderness preservation on public lands administered by the Bureau of Land Management since passage of the Federal Land Policy and Management Act (FLPMA) focuses on the nature and extent of development rights held by mining lessees on lands which have been designated subsequently as Wilderness Study Areas. The question is whether section 701 (h) of FLPMA preserves the right of a lessee to develop where no physical work was conducted prior to passage of the Act, while section 603(c) states that work in progress may continue. After analyzing the two sections and reviewing significant administrative and judicial actions, the author concludes that section 701(h)'s valid existing rights to develop may be postponed or limited when the Secretary of the Interior finds it necessary to do so in the public interest of conserving natural resources or carrying out environmental studies.
- Research Organization:
- Univ. of Utah, Salt Lake City
- OSTI ID:
- 5449254
- Journal Information:
- Public Land Resour. Law Dig.; (United States), Journal Name: Public Land Resour. Law Dig.; (United States) Vol. 22:1; ISSN PRLDD
- Country of Publication:
- United States
- Language:
- English
Similar Records
Oil and gas leasing in proposed wilderness areas: the Wyoming District Court's interpretation of Section 603 of the Federal Land Policy Management Act of 1976 - Rocky Mountain Oil and Gas Association v. Andrus, 500 F. Supp. 1338 (D. Wyo. 1980), appeal docketed, No. 81-1040 (10th Cir. Jan. 5, 1981)
Private mineral rights complicate the management of eastern wilderness areas
Related Subjects
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
290400* -- Energy Planning & Policy-- Energy Resources
CASE LAW
GOVERNMENT POLICIES
LAND RESOURCES
LAND USE
LAWS
LEGAL ASPECTS
NATURE RESERVES
PUBLIC LANDS
RESOURCE DEVELOPMENT
RESOURCES