History 101: America’s Public Lands From Founding to Framework, 1776-1946

Public lands are essential to the county landscape, offering economic, environmental and social benefits. However, counties face mounting challenges from public lands as demands increase and management resources are limited. History 101 from the National Center for Public Lands Counties (the Center) provides meaningful and relevant research supporting the National Association of Counties’ mission to strengthen America’s counties. History 101 examines the historical context of emerging congressional policies and administrative directives that fundamentally shape modern public lands policy and the transition from land acquisitions and disposals to management across the nation's history.

This work provides an overview of key policies from 1776 to 1946 that have shaped the history and management of public lands in the United States. Although not an exhaustive account, History 101 establishes an ongoing effort by the Center to advance the study of policy and practice for America’s public lands counties. By exploring the foundation of federal public lands policies and situating the development of the Big Four Land Management Agencies, this effort lays the groundwork for understanding the contemporary county nexus and the intergovernmental partnerships that define federal public lands governance.

History 101 provides the foundation for future comprehensive research by the Center on major policy enactments and practices by the federal legislative and executive branches and their interpretation by the judiciary across the intergovernmental public lands research space. This history outlines the emergence of federal public lands, their acquisition, and their disposal over the history of the United States through early formation of today’s Big Four contemporary land management agencies: the U.S. Forest Service (FS), the U.S. Fish and Wildlife Service (FWS), the National Park Service (NPS) and the Bureau of Land Management (BLM).

Laying the foundation for the Center’s future work, this review of the history of public lands from 1776 to 1946 examines the formation of the Big Four land management agencies, providing essential historical context on their development within the broader framework of early administrative and congressional actions. The establishment of these agencies marks the emergence of the broader land management paradigm, which began taking shape in the late 19th and early 20th centuries and has continued to develop throughout the 20th and into the 21st century. The Big Four’s formation marks a fundamental shift in Congressional direction from early policies of disposing of public lands, where the general focus was on settling the land through western expansion.

The Big Four are not the only public lands management agencies, but they account for the management of 94.77 percent of the Federal public lands.i The Bureau of Reclamation and the Department of Defense are significant public land managers; however, they are distinct and have evolved in response to unique and varied circumstances compared to the Big Four land management agencies. Future work by the National Center will examine these agencies, their history and their nexus to counties within the intergovernmental landscape to inform the Center’s stakeholders.

History 101 provides a broad overview of the changing policy direction in response to evolving concerns throughout the nation's genesis and development. Numerous 20th century policies warrant individual attention, including but not limited to:

• National Stolen Property Act (1948)
• Reservoir Salvage Act (1960)
• Multiple Use Sustained Yield Act (1960)
• Clean Air Act (1963)
• Wilderness Act (1964)
• National Historic Preservation Act (1966)
• National Environmental Policy Act (1970)
• Clean Water Act (1972)
• Coastal Zone Management Act (1972)
• Endangered Species Act (1973)
• Archeological and Historic Preservation Act (1974)
• Federal Land Policy and Management Act (1976)
• Payment in Lieu of Taxes Act (PILT) (1976)
• National Forest Management Act (1976)
• Archeological Resources Protection Act (1979)
• Abandoned Shipwreck Act (1987)
• Native American Graves Protection and Repatriation Act (1990)
• National Maritime Heritage Act (1994)
• American Battlefield Protection Program Act (1996)
• National Historic Lighthouse Preservation Act (2000)
• The Secure Rural Schools and Community Self-Determination Act (2000)
• Sunken Military Craft Act (2004)
• Paleontological Resources Preservation Act (2009)

Future work of the National Center will undertake a comprehensive study of many of these policy enactments and their nexus to counties within the intergovernmental public lands system. The public lands counties’ landscape is complex, and there are many unique policies related to the public lands-county nexus, which the Center's future work will explore.

This work begins by examining how Congress and the executive branch shaped the nation’s expansion through policies promoting the acquisition and settlement of public lands. It then explores the range of policies that enabled the transfer and use of these lands. Finally, History 101 details the creation of the four primary federal public land management agencies and concludes by situating public lands and the county nexus. The Center’s future work will explore the diversity of uses and examine specific case studies on the intersection of counties’ jurisdictional boundaries with public lands, moving into contemporary research, curriculum development, data collection, case study development and analysis.

• 1781 – The Birth of the Nation: The formation of the U.S. federal government, through unanimous adoption of the Articles of Confederation, emerged by adjudicating control over what was known as the “Western” lands—the lands between the Appalachian Mountains and the Mississippi River — and areas of the “Northwest Territory” which were claimed by the independent colonies.  The formation of the federal government was conditioned upon the independent colonies ceding these claimed lands to the federal government to be owned by all.  
• 1788 – A Strong Central Government: With the creation of the U.S. Constitution, replacing the Articles of Confederation, the federal government gained power. By acquiring Western lands, the federal government assumed responsibility for regulating the public land and creating new states through the disposition of public property.  

• Promotion of Settlement: As the federal government obtained more land, congressional and administrative leaders and other stakeholders incentivized settlement in the West. Increased settlement enabled the federal government to compensate soldiers, reduce the national debt and bolster the nation's strength.
• Large public lands acquisitions:
  • Louisiana Purchase - 1803
  • Adams-Onís Treaty - 1818
  • Oregon Compromise - 1846
  • Treaty of Guadalupe-Hidalgo - 1848
  • Gadsden Purchase - 1853
  • Purchase of Alaska - 1867
  • Overthrow of the Hawaiian Republic and Annexation by the United States - 1898
• Laws to encourage and accelerate settlement on these lands include:
  • Preemption Act - 1841
  • Donation Land Claim Act - 1850
  • Homestead Act - 1862
  • The General Mining Act - 1872
  • The Timber Culture Act - 1873
  • Timber and Stone Act - 1878
  • Desert Lands Entry Act - 1877
• Early Conservation Concerns: As land was transferred to federal ownership, concerns arose regarding rapid development, speculation, fraud, the impact on adjacent communities and the future viability of these assets as the nation’s collective resources. The effect of this early movement on policy is evident in President Ulysses S. Grant’s 1868 decision to protect Alaska’s Pribilof Islands as a habitat for the northern fur seal.

• An Inflection Point: Emphasis shifted from the disposal and conveyance of public land to individuals and corporations to the retention and management of the remaining public lands. This trend was solidified by the Taylor Grazing Act in 1934.
• The Big Four were formed:
  • USFS - 1905
  • FWS – 1940
  • NPS - 1916
  • BLM - 1946
• Federal Land Policy and Management Act (FLPMA) and National Forest Management Act (NFMA): Through these Acts, Congress expressly declared that the remaining public domain lands generally would remain in federal ownership and required owning agencies to assess the environmental value of the land and regulate economic activity on these lands.
• The Sagebrush Rebellion (1970s and 80s): Formed in response to perceived overreach of the FLPMA and concentrated in western states with significant federal land holdings, this movement sought to strengthen state and local control over these lands or transfer ownership of public land to states, local governments and private owners.

• Authorities for acquiring and disposing of federal lands are unique to each land-owning agency. In the contemporary period, there have not been broad changes to federal ownership despite judicial challenges and legislative and executive efforts.