Public Lands in Public Hands Act: Keeps Most Federal Land Public, But With Some Big 'Ifs'

The "Public Lands in Public Hands Act" aims to do exactly what it says: keep federal lands, well, public. The core idea is to prevent the Secretary of the Interior and the Secretary of Agriculture from transferring ownership of publicly accessible federal land to private entities. This means land you can currently access via a public road, trail, waterway, or even an easement (SEC. 2 & 3). Sounds straightforward, right? It's mostly good news for anyone who enjoys the outdoors, but there are some catches worth knowing about.

Keeping it Public (Mostly)

The main thrust of this bill is to stop large-scale transfers of federal land that the public can currently use. This could be anything from national forests where you hike to Bureau of Land Management (BLM) areas where you might camp or hunt. The bill directly states that these lands can't be sold off or otherwise transferred to non-federal owners (SEC. 3). For the average person who enjoys using these lands, this seems like a win. It means that, in theory, your favorite hiking spot or fishing hole is less likely to end up behind a "No Trespassing" sign.

The Fine Print: Acreage and Existing Laws

Here's where it gets a bit trickier. The bill includes some significant exceptions (SEC. 3). First, there's an acreage limit: parcels smaller than 300 acres (or less than 5 acres if accessible by a public waterway) can still be transferred. While the bill prohibits subdividing land to get under that limit, 300 acres is still a pretty sizable chunk of land. Think of it this way: a standard city block is about 2.5 acres, so we're talking about a space over 100 times bigger that could still be sold off. The 5-acre exception along waterways could also be a point of concern, potentially impacting access along rivers and lakes.

Second, and perhaps more importantly, the bill lists a slew of existing laws under which land transfers can still happen. These include heavy hitters like the Federal Land Policy and Management Act of 1976 and the Alaska Statehood Act, along with several others (SEC. 3). Each of these laws has its own set of rules and purposes, and some already allow for land transfers under certain conditions. This means that even if this new bill passes, there are still multiple avenues for federal land to end up in private hands. It’s like having a main gate locked, but the side doors are still open.

Property Rights and Potential Impacts

The bill does clarify one thing about property rights: it doesn't change the rules about crossing from one piece of public land to another (SEC. 4). This is likely included to address concerns from landowners who might worry about access across their property if it's bordered by public lands.

Ultimately, the "Public Lands in Public Hands Act" is a mixed bag. While its stated goal is to protect public access, the exemptions and reliance on existing laws create potential loopholes. Whether it truly keeps public lands in public hands will depend heavily on how those exceptions are used – or potentially abused – in the future. It's one of those bills where the devil is very much in the details, and those details will determine its real-world impact.