A critical, historical and legal analysis of the Bureau of Land Management and the United States Forest Service policies relative to federal land exchanges

This dissertation evaluates federal land swaps. In land exchanges, the federal government swaps public lands with private parties in the interest of consolidating federal ownership. Special attention is given to the Bureau of Land Management (BLM) and the United States Forest Service (USFS) that carry out the bulk of these exchanges. The issue that is the main component of this research is the (under)-valuation of public lands which are transferred out of the public domain. Historical, legal and critical analyses are used to interpret the data available.This research proposal is directed at inquiring why the two federal agencies have accepted faulty appraisals which have produced a loss in value for the federal government and investigates what causes the federal managers of both agencies to acquiesce to unprofitable land swaps. The scenario is one where two completely diverse agencies, one conformist and the other one captive, engage in land exchanges which create a financial loss.It is a constant finding of this study that the serious problems of the BLM appraisal functions are due to a failure of its organizational structure. This structure fails to ensure independent appraisals free from inappropriate influence. In addition, such appraisals do not conform to the regulatory standards. Data show that BLM managers work to resolve the unreasonable expectations held by landowners rather than withdraw from the exchange.On the other hand, the USFS has reorganized the appraisal function to correct similar problems. The organizational change has worked insofar as the inappropriate instances of pressure exerted have lessened. But, the instances of rational and individual decision-making of staff appraisers who have chosen to comply with the private landowners' offers, although dwindling, yet are still present.Notwithstanding, investigative teams have recommended criminal actions to be brought against agencies' personnel, federal authorities have failed to act. In order to add more credibility to the attempts of the federal government to resolve this actual controversy this research proposes to resurrect the solution suggested by the 1970 Public Land Law Review Commission. Any challenge to presumed under-valuation of the selected lands should be resolved by judicial action.