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TWIN CEDAR MINING DISTRICT LOCAL GOVERNMENT WITH HOME RULE HAVE TO DO GOVERNMENT TO COORDINATION AS MINING DISTRICTS ARE LOCAL GOVERNMENT

TWIN CEDAR MINING DISTRICT LOCAL GOVERNMENT WITH HOME RULE HAVE TO DO GOVERNMENT TO COORDINATION AS MINING DISTRICTS ARE LOCAL GOVERNMENT

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3. THE COORDINATION PROCESS IS ENACTED BY CONGRESS<br />

IN THE FEDERAL LAND POLICY MANAGEMENT ACT<br />

a. The statute and the legislative history of the statute.<br />

The first Congressional mandate of coordination appeared in the<br />

Federal Land Policy Management Act passed and signed into law in<br />

1976.<br />

Until the early 1970s the policy of the federal government was<br />

that the vast western rangelands would be disposed of through<br />

sale or exchange. Administrations prior to that of Richard<br />

Nixon and Congress considered the ownership and management of<br />

those lands to be temporary. That position was symptomatic of<br />

the Colonial view that the western lands were a burden, a burden<br />

to be shed in order to save money and management time.<br />

The Taylor Grazing Act was enacted to provide temporary<br />

management in a form designed to bring some order to the method<br />

of claiming and grazing the lands. But, the Act made it clear<br />

that the federal government would eventually dispose of those<br />

lands.<br />

When the Nixon administration and the leadership of Congress<br />

agreed that the federal government should retain permanent<br />

ownership of the lands, it became necessary to develop a<br />

comprehensive management protocol. Through the early 70s<br />

Congress worked on that management protocol, considering through<br />

two sessions whether to put the lands under the Forest Service,<br />

or put the lands and the forests under the Bureau of Land<br />

Management. The chess game for management authority continued<br />

for several years until the decision was made to place the<br />

rangelands under the BLM and maintain management of the Forests<br />

and Grasslands under the Forest Service.<br />

As the debate continued, Congress considered many changes to<br />

management of the National Forests and a brand new protocol for<br />

the rangelands. Changes to the Forest acts and consideration of<br />

the contents of FLPMA occurred simultaneously within the<br />

committee structure of the Congress.<br />

6 | P a g e

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