Why It Matters

The Congressional Research Service (CRS) report “Federal Land Ownership: Overview and Data,” updated September 14, estimates that the federal government owns roughly 640 million acres, or about 28% of the 2.27 billion acres of land in the United States. That estimate generally excludes marine refuges, marine national monuments, subsurface mineral interests, easements, and Indian lands, while the Bureau of Indian Affairs reports that the United States holds approximately 56 million acres in trust for tribes and individuals.

The report identifies possible changes in the amount of federal land, as well as the priority between acquiring new lands and addressing existing federal infrastructure. Meanwhile, ongiong congressional issues persist, such as the question of balancing land protection with uses such as energy development, livestock grazing, and recreation.

The Big Picture

Congress has constitutional authority under Article IV, Section 3, Clause 2, to dispose of and regulate federal property, and the Supreme Court has described that power over federal lands as virtually unlimited. Lawmakers have examined the issue through legislation, oversight, and annual appropriations, while recent Congresses, including the 119th Congress, have considered directing land acquisition, disposal, or other treatment according to policy decisions.

During the 19th century, many laws encouraged western settlement through federal land disposal, but throughout the 20th century, emphasis shifted to retention of federal lands. The Federal Land Policy and Management Act of 1976 declared that remaining public-domain lands generally would remain federally owned and established a comprehensive management system and a definitive mission and policy statement for the Bureau of Land Management (BLM).

The Bureau of Land Management and the U.S. Forest Service operate under similar multiple-use, sustained-yield mandates, while the Fish and Wildlife Service manages its lands primarily to conserve and protect animals and plants, the National Park Service manages its lands for conservation and public use, and the Department of Defense manages its lands primarily for military training and testing.

Ownership is highly uneven across states, however: federal land accounts for 60.8% of Alaska, 45.9% of the 11 contiguous western states, and 4.1% of other states.

The report also notes that the total landmass held by the five agencies fell by 31,650,420 acres, or 4.9%, between 1990 and 2024 as acreage disposed of exceeded acreage acquired. BLM acreage declined by 27,642,334 acres, and the decline was substantially associated with disposals to the State of Alaska, Alaska Natives, and Alaska Native Corporations.

Congress faces different legal starting points for future transactions: the Bureau of Land Management has relatively broad acquisition authority, the National Park Service has no general authority to create new park units through land acquisition, and the National Park Service and Fish and Wildlife Service generally cannot dispose of their lands.

Maintenance funding remains a separate test. The Great American Outdoors Act provided $1.9 billion annually in mandatory appropriations for deferred maintenance from fiscal years 2021 through 2025, but the report said much of that funding was still being allocated when it discussed the law.

Finally, border policy adds an operational layer. More than 40% of the southwestern border abuts federal and tribal lands, while the U.S. Border Patrol is responsible within the Department of Homeland Security for staffing and securing international borders.

The Bottom Line

Federal land management remains a complicated and fragmented issue as Congress continues to examine the laws governing the country's acres.

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