November

16, 2017

Petition for Rule-Making to Prohibit Widespread Sale or

Transfer of Public Lands
November 16, 2017

Gunnison National Forest, Photo Credit: Mason Cummings

Submitted by
ARGALI * BACKCOUNTRY HORSEMEN ASSOCIATION OF AMERICA
BADFISH SUP * BUSINESSES FOR MONTANA’S OUTDOORS
FIRST LITE CLOTHING * FISHPOND * HALA SUP
IDAHO CONSERVATION LEAGUE * IDAHO DEER ALLIANCE
IDAHO STATE BOWHUNTERS * IDAHO WILD SHEEP FOUNDATION
IDAHO WILDLIFE FEDERATION * KEEP IT PUBLIC * REDINGTON FISHING
REP YOUR WATER * RIO FISHING PRODUCTS * SAGE FLYFISHING
SEEK OUTSIDE * SHARE TRAILS * THE ACCESS FUND
THE AMERICAN ALPINE CLUB * THE WILDERNESS SOCIETY
MONTANA WILDERNESS ASSOCIATION * MONTANA WILDLIFE FEDERATION
WESTERN LEADERS NETWORK

1

November 16, 2017

This petition asks the Department of Interior (DOI) to acknowledge it has limited authority to sell or
transfer public lands without an Act of Congress. Additionally, DOI is limited by laws designed to protect
public lands and retain public lands in federal ownership.

We are requesting that DOI issue regulations and guidance to emphasize the limited authority to sell or
transfer public lands. This is necessary considering efforts by western states seeking to assume
ownership and/or control of our public lands.

1) Existing authority: The widespread sale or transfer of public lands is not allowed unless
provided for by a specific Act of Congress.

The Secretary of the Interior has limited authority to approve or permit the sale or transfer of public
land without a specific Act of Congress. Congress has not granted DOI with the authority for the large-
scale sale or transfer of public lands. To the contrary, Congress provides clear direction to DOI to retain
America’s public lands in Federal ownership and the authority given to agencies is limited to specific
circumstances and requires any actions to meet high standards.

The intent to keep public lands in federal ownership is outlined in a number of laws, including the:
• Wilderness Act
• Wild and Scenic Rivers Act
• National Landscape Conservation System Act
• Federal Land Policy and Management Act
• Recreation and Public Purposes Act of 1926
• National Wildlife Refuge System Administration Act
• Property Clause of the US Constitution

2) Need for petition: America’s public lands are under threat from western states seeking to
assume control. This demands a strong response from DOI, requested in the attached petition.

We are submitting this petition based on our strong interest in retaining public lands in public hands,
and because public lands provide great benefits to the American people. Actions by certain states are
attempting to undermine the importance of retaining public lands and require a strong response from
DOI. The authority to sell or transfer public lands is limited, and it is important for DOI to clarify and
highlight these limitations.

3) Petition requests: We are requesting DOI acknowledge its limited authority to sell or transfer
public lands, and to issue guidance emphasizing the importance of retaining public lands.

DOI should develop regulations acknowledging it has restricted authority to sell or transfer or public
lands, unless the sale or transfer is authorized by Congress or under narrow circumstances provided in
FLPMA, the Recreation and Public Purposes Act, or another similar authority. Additionally, DOI should
issue a guidance document emphasizing the importance of retaining public lands for the benefit of the
American people, as well as the limited authority to sell or transfer public land.

2

November 16, 2017

By submitting this petition under the Administrative Procedure Act, we are triggering a requirement for
DOI to respond to our request. The actions we are proposing will clarify the Secretary of the Interior’s
limited legal authority to sell or transfer public lands, and will ensure that public lands remain available
for the benefit and enjoyment of the American people of present and future generations.