Interrelationships of the Mineral Lands Leasing Act, the Wilderness Act, and the Endangered Species Act: a conflict in search of resolution
Journal Article
·
· Environ. Law; (United States)
OSTI ID:5675148
The federal land management agencies charged with making resource allocation decisions face problems that appear intractable. The statutes are in conflict. On one hand, the federal land management agencies must manage public lands to provide wilderness and recreation opportunities for the public and protect endangered and threatened species of plants and animals. On the other hand, those same agencies often must apply and enforce other statutes designed to encourage exploration for hardrock minerals and the development of fuel resources. The author considers the relationship of the Mineral Lands Leasing Act of 1920 (MLLA), as it applies to national forest lands, with several other statutes. He focuses on national forests of the western United States. First, he explains the statutory and administrative framework by which the Forest Service and the Department of the Interior consider lease applications under the MLLA. Second, the Endangered Species Act, the Wilderness Act, and the National Environmental Policy Act are introduced and their purposes outlined, to identify the nature of the underlying resource allocation dispute. Third, he describes the current process federal agencies use to evaluate applications for oil and gas leases on national forest lands of high wilderness character, the conditions which may be attached to leases, and the extent of the agencies' authority to condition oil and gas leases. Finally, an alternative to the current leasing system is offered.
- Research Organization:
- Lewis and Clark Coll., Northestern School of Law, Portland, OR
- OSTI ID:
- 5675148
- Journal Information:
- Environ. Law; (United States), Journal Name: Environ. Law; (United States) Vol. 12:2; ISSN EVLWA
- Country of Publication:
- United States
- Language:
- English
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