TRCP, partners, and hunters & anglers applaud bill introduction

Hunters and anglers have been working to prevent the sale of important public lands for years, and the recently introduced Public Lands in Public Hands Act would maintain valuable hunting and fishing access for sportsmen and women. This bipartisan legislation, introduced by Representatives Ryan Zinke (R-Mont.) and Gabe Vasquez (D-N.M.) would require congressional approval for the sale and transfer of public lands to non-federal entities in most instances. The biggest impact of the bill would be to prevent the Bureau of Land Management from selling important access parcels as part of its land disposal process.   

What is the BLM Land Disposal Process?

The BLM is the nation’s largest landowner. The agency administers 245 million acres of federal public land primarily in 11 western states and Alaska. Currently, the Federal Land Policy and Management Act—federal law governing the management of BLM lands—directs the agency to identify lands for potential disposal, including sale, and the agency has been completing land use plans with land disposal lists for the past 45 years. While a comprehensive list of lands available for potential disposal does not appear to exist, estimates put the total at around 3.3 million acres.

When the BLM identifies lands for potential disposal, existing statute does not require the BLM to prioritize retention of parcels with public access. TRCP has analyzed several land use plans and identified numerous accessible and important public land parcels tagged by the BLM for potential sale across the West. The sale of such parcels could result in lost honey holes for hunters and anglers, and we agree that additional scrutiny is needed.

The law governing how the BLM completes land disposals was passed in 1976 and predates the advent of handheld GPS units that are now utilized by millions of outdoor recreationists to navigate property boundaries with confidence. It’s easy to see how small parcels in the past may have been viewed as low value for public access because they were difficult to locate and use. But in today’s world where private-land access is becoming increasingly difficult to obtain, small, isolated parcels of BLM land have become some of the most important for recreational access.

A Practical Safeguard

To keep these important parcels in public ownership, the Public Lands in Public Hands Act would require congressional approval for the sale of land-accessible parcels 300 acres or larger and water-accessible parcels five acres or larger. Presently, such parcels can be sold without consent from Congress. Some people believe that the BLM should lose their authority to sell any land, and while it is easy to reach that conclusion at first glance, there are several things to consider:

• First, in 2018, Congress reauthorized a program called the Federal Land Transaction Facilitation Act that established an account to collect proceeds from the sale of small public land parcels and to use those funds to acquire new public lands, including for the purpose of expanding public access. There are many small BLM parcels scattered around the West that provide very little public benefit. Many of them are landlocked and inaccessible. Selling parcels with low recreation value and using the proceeds to acquire new public lands with higher recreation value is good policy, and it’s good for public access. The Public Lands in Public Hands Act would maintain the BLM’s ability to implement this important land consolidation program.
• Second, with 16.43 million acres of landlocked public land in 22 western states, it is unrealistic to think that the federal government is going to buy its way out of the access problem. Yes, we need to find ways to acquire access to the largest and most important landlocked parcels, but land exchanges and utilization of the Federal Land Transaction Facilitation Act also need to be a part of the solution. The Public Lands in Public Hands Act would keep these tools in the box.
• Finally, there are circumstances when small BLM land transfers to local communities make sense for the construction of a school or fire department. The bill’s acreage floor of 300 acres maintains existing opportunity for communities to work with the BLM on specific local development needs when other options do not exist.

TRCP is excited about the Public Lands in Public Hands Act because of the added certainty it would provide to ensure that your favorite hunting or fishing spot would not be sold and closed to public access. We appreciate the leadership of Representatives Zinke and Vasquez in introducing this legislation, and we look forward to working with them to see the bill passed into law.

Learn more about TRCP’s work to expand public hunting and fishing access HERE.