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89 FR 22949

FWS finalized a rule to complete regulatory proceedings addressing submerged public lands within Tongass National Forest. 

Pay to Play? The Past, Present, and Future of Recreation Fees on Federal Public Lands

The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.

89 FR 5572

The Bureau of Indian Affairs proclaimed approximately 1,483.03 acres as an addition to the reservation of Pascua Yaqui Tribe.

88 FR 83073

The Forest Service proposed to establish a new Forest Service Manual chapter and new direction for all types of monitoring activities across the National Forest System to track conditions and inform evidence-based decisionmaking and adaptive management.

BLM’s Conservation Rule and Conservation as a “Use”

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.

88 FR 62025

BLM proposed a new rule to govern the management of surface resources and Special Areas in the National Petroleum Reserve in Alaska (NPR-A); the rule would revise the framework for designating and assuring maximum protection of Special Areas’ significant resource values, and would protect and enhance access for subsistence activities throughout the NPR-A.

88 FR 55331

The president issued Proclamation No. 10606 of August 8, 2023, establishing the Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument.

Conservation Rights-of-Way on Public Lands

This abstract is adapted from Justin R. Pidot & Ezekiel A. Peterson, Conservation Rights-of-Way on Public Lands, 55 U.C. Davis L. Rev. 89 (2022), and used with permission.

88 FR 47442

FWS revised its proposed rule to streamline the Service's process for the permitting of rights-of-way across National Wildlife Refuge System lands and other Service-administered lands; the revisions include new permit terms and conditions as well as other regulatory changes.

88 FR 39726

BLM proposed to amend its existing right-of-way regulations to facilitate responsible solar and wind energy development on public lands managed by BLM.