95) Additionally, in developing and revising land use plans, FLPMA
requires the Secretary of the Interior to ensure compliance with applicable state and federal pollution control laws.
This Part briefly describes how and why the MLA and FLPMA
Although the FLPMA
limits the power of the secretary of interior to modify or revoke an actual monument designation or the land withdrawn, it does not change the secretary's power under the Antiquities Act to alter the monument's management plan when that is consistent with the underlying proclamation.
In this way, FLPMA
is a law that directly supports our American concept of democracy.
46) This time, plaintiffs sought to compel the agency to implement a plan it had adopted under the FLPMA
, requiring curtailment of off-road vehicle use on various federal lands.
Sagebrush spokesmen, denouncing the 1976 FLPMA
legislation as another insidious scheme from the devious Easterners, claimed to be riding a wave of citizen ire, but the rebellion mostly issued from business interests--grazing, oil, gas, mining, the consumers of public lands--with political connections in county commissions and state legislatures.
The government had no statutory duty to take discrete nondiscretionary actions under FLPMA
, which might have supported a claim that the government had failed to act.
Section 704(a) of the FLPMA
states that "[e]ffective on and after the date of approval of this Act, the implied authority of the President to make withdrawals and reservations resulting from the acquiescence of Congress (U.
In NFMA and FLPMA
, Congress assigned federal land managers new responsibilities, while reining in their discretion by subjecting them to public accountability and scrutiny.
marked the official shift from disposition to retention of federal public lands.
included an important protection for existing RS2477 roads: "Nothing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act.
explicitly superseded the policy announced in the TGA of dispossessing the government of the public domain.