Understanding the past and present of BLM’s land disposal authority
Earlier this summer, tens of thousands of engaged hunters and anglers across the country, as well as national, state, and local hunting and fishing businesses and organizations, and leadership from a bipartisan group of public land champions in Congress defeated an amendment in budget reconciliation legislation that would have forced the sale of up to 3 million acres of public lands. This victory underscores the need to understand how public lands, particularly Bureau of Land Management acres, were established and what current laws guide public land sales and disposals.
At TRCP, we believe America’s public lands are a shared legacy that should be retained for future generations to enjoy. While we strongly oppose large-scale transfers or sales of public lands, we recognize that small, community-driven land sales or exchanges can be appropriate. For us to support such proposals, they must:
- Clearly benefit local communities.
- Preserve or enhance existing hunting, fishing, and recreational access.
- Include a robust public process.
- Avoid disposal of lands with important fish and wildlife habitats.
- Ensure that proceeds from any sale are reinvested in conservation and public access.
Where It All Began: A Nation Built on Land Disposal
The United States’ expansionist vision in the 19th Century drove a series of major land acquisitions such as the Louisiana Purchase (1803), the Oregon Territory (1846), and the Alaska Purchase (1867), which dramatically expanded the amount of land managed by the federal government. At its peak, the federal government owned approximately 1.8 billion acres. To fuel westward expansion and promote economic growth, federal policies prioritized disposing of these lands to settlers and private companies.
By the mid-20th century, the national mindset had begun to shift. The frontier had closed, and public demand grew for recreation, conservation, and more deliberate land stewardship. In 1946, the federal government created the Bureau of Land Management, which inherited responsibility for managing the leftover lands that hadn’t been claimed or sold off. These lands were long considered “disposable,” and for decades lacked a clear guiding mission. But that changed in 1976.
FLPMA and the End of the Disposal Era
The Federal Land Policy and Management Act, passed by Congress in 1976, was a landmark moment in public land history as it ended the government’s longstanding policy of land disposal and replaced it with a new guiding principle: that public lands should be retained in federal ownership unless disposal clearly serves the national interest.
This “retention policy” marked the beginning of the BLM managing lands more intentionally under the principle of multiple use (recreation, conservation, mining, energy development, and grazing) while ensuring sustainable, science-based planning and public involvement.
Importantly, FLPMA didn’t eliminate the ability to sell or exchange public lands. Instead, it imposed strict criteria and public process requirements. Under Section 203 of the law, lands may only be sold if they meet one or more of the following conditions:
- They were acquired for a specific purpose and are no longer needed for that or any other federal use;
- Their disposal would serve important public objectives, like community expansion or economic development, and those objectives outweigh the public values of keeping the land in federal hands; and
- They are difficult and uneconomic to manage due to location or other characteristics and are not suitable for transfer to another federal agency.
Additionally, Section 102 of FLPMA reinforces that land sales must be carefully weighed and support the broader national interest. Any proposed disposal of a parcel of public lands must have been previously identified as ‘available for disposal’ through the land use planning process during the development of more than 160 individual Resource Management Plans. Before any parcel is sold, that specific parcel must also go through a formal public comment and notice.
The BLM Today: Managing Lands for All Americans
Today, the BLM is the largest land management agency in the country, overseeing 245 million surface acres and over 700 million acres of subsurface mineral estate. These lands are a cornerstone of America’s hunting, fishing, and outdoor traditions with more than 99% of BLM lands open to hunting and recreational shooting. They also provide important habitat for fish and wildlife, opportunities for hiking, camping, and exploring, and support local economies by providing lands for sustainable grazing and domestic energy development.
Many BLM lands are valuable precisely because they were not sold off during the disposal era. So many of them are rugged, remote, and rich in natural values that make them prized by sportsmen and women and other recreationists. While some parcels identified decades ago as “available for disposal” still appear in planning documents, that designation doesn’t automatically mean they will be sold, especially under today’s laws and standards.
Why It Matters Now
These lands belong to all Americans and are central to TRCP’s mission of guaranteeing all American’s quality places to hunt and fish. Any decision to part with our public lands must be transparent, grounded in science, and open to public scrutiny.
At TRCP, we’re committed to defending America’s public land legacy. We’ll continue working with lawmakers, agency leaders, and conservation partners to ensure that federal land policy upholds the values of access, habitat conservation, and community benefit.
Learn More
Debates about land sales have taken place for decades, most recently in 2025, but the public has had no easy way to see where these parcels marked for potential sale actually sit. onX and the Theodore Roosevelt Conservation Partnership have teamed up to develop a first-of-its-kind webmap that identifies lands deemed eligible for sale by the Bureau of Land Management.
Explore the map to learn what lands are identified for potential sale near you through the button below.
Public lands need champions, and thankfully, several bipartisan members of Congress are taking the lead. Learn more about the Public Land Caucus HERE.
