302 



carrying inco execution the foregoing powers, and all other 

 powers vested by this Constitution in the government of the 

 United States, or in any department or officer thereof." 

 Then, Article 4, Section 3 ett^jowers ONLY THE CONGRESS "to 

 dispose of and make all needful rules and regulations 

 respecting the territory or other property belonging to the 

 United States." The Executive was extended no power, 

 independent of Congress, regarding the United States lands. 



As a result of the combined impact of Article l. Section 8 

 and Article 4, Section 3, the Congress is empowered to 

 authorize the establishment of management agencies by 

 enacting statutes to that effect . The Congress can also 

 authorize such management agencies to issue rules and 

 regulations to implement the authority loaned to the agency 

 by the Congress in the statutes . BUT NO FEDERAL MANAGEMENT 

 AGENCY CAN CONSTITUTIONALLY EXCEED THE PARAMETERS OF THE 

 AUTHORITY GRANTED BY CONGRESS BY STATUTE. 



So, Congress has the power to establish the management 

 principles for the public lands by statute as it did with 

 the passage of the Taylor Grazing Act, the Federal Land 

 Policy and Management Act, the Public Range Iti^roveraent Act, 

 and other statutes regarding the use of public range lands . 

 Likewise, the Congress has enacted statutes establishing the 

 principles of management for the public forest lands. In 

 these statutes, the Congress has authorized the federal 

 management agencies to issue rules and regulations to 

 implement the management principles established by the 

 statutes. Those administrative regulations cannot be 

 inconsistent with the management principles established by 

 Congress. 



The federal agencies who are involved in these projects of 

 Ecosystem Planning have evaded the power extended to 

 Congress by the Constitution in at least two critical ways : 



(1) Congress did not authorize development of 

 ecosystem plans which would cut across management agency 

 lines and which would develop one set of standards and 

 guidelines to be used for all forest lands, and for all 

 range lands, regardless of the differences existing among 

 the public lands. The Congress did not authorize 

 expenditures of millions of dollars in such a planning 

 effort . The Congress did not authorize the establishment of 

 a "Czar of the public lands", yet under the Ecosystem 

 projects ( iti^lemented in accord with other documents merging 

 power or authority) the result can easily be that one 

 executive, perhaps even Secretary of the Interior Babbitt, 

 will have the capacity to become Lord of the Western Manor. 



When the Congress compromised and authorized an 

 appropriation large enough to con^lete the draft EIS, but 

 with the understanding that there would be no Record of 

 Decision issued, the President vetoed the appropriation. 



