By David Griffith
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29 Invoking these principles, the Court ruled, in Kleppe v. New Mexico, that Congress could regulate feral horses and burros on the public lands, despite New Mexico’s assertion that they were subject only to state regulation. The courts have also ruled that the property clause power is broad enough so federal legislative authority can be extended beyond the boundaries of the public lands to regulate matters that affect public land or resources. In Minnesota v. Block, for example, the court ruled that Congress could regulate motorized activities on state-owned lands and waters within the federally designated wilderness area to protect critical natural values.
The Federal Land Policy and Management Act of (FLPMA) not only gave the Bureau of Land Management its first organic charter but also subjected the public domain lands to an integrated, multiple-use planning system, and obligated the BLM to protect its lands against undue degradation. In addition, Congress passed several major pieces of environmental protection legislation that had a direct impact on public land management practices. The National Environmental Policy Act of (or NEPA) obligated land management agencies to assess the environmental consequences of their decisions before taking any action, while also providing a vehicle for public involvement in agency decision processes and a basis for judicial review of these decisions.
More recent controversies have pitted local citizens against federal land managers, and entrenched economic interests against newly ascendant environmental advocates. The partisans in these conflicts are well aware that public land policy involves inherently political questions. They have all repeatedly enlisted our governmental institutions to advance their respective agendas, invoking a spectrum of ideas, laws, scientific studies, and policies to support their positions. Over time, once revered ideas have been displaced by newer ones more responsive to contemporary concerns; once favored laws and policies have given way to newer ones with greater currency and legitimacy.