Unlawful Enclosure of Public Lands

Number: 1985-13

WHEREAS, public land in the United States is often unavailable to the public because of restricted access or fenced enclosures; and

WHEREAS, large areas of public land in the western United States are in a “checkerboard” pattern of land ownership (alternating areas of public and private ownership) which allows vast tracts of public land to be enclosed by private lands; and

WHEREAS, some private landowners either individually or collectively, illegally restrict the access of wildlife and/or the public or charge access fees to reach public land enclosed by their lands; and

WHEREAS, some private landowners are illegally capitalizing on the hunting and fishing on public land by forming hunting clubs and only allowing access to selected paying clients and are able to do this by virtue of their control of access or by fencing; and

WHEREAS, enclosure of public lands many times interferes with normal migration of wildlife and can be in conflict with proper game and fish management practices; and

WHEREAS, the National Wildlife Federation recognizes and fully appreciates the importance and contributions of private landowners to wildlife conservation in the United States; and

WHEREAS, the National Wildlife Federation respects and upholds the rights of a private landowner on his private land; and

WHEREAS, the Unlawful Enclosure of Public Lands Act, 43 U.S.C. 1061, expressly forbids the enclosure of public lands by fences or other means; and

WHEREAS, this Act declared the denial of public access to any such enclosed lands to be illegal;

NOW, THEREFORE, BE IT RESOLVED that the National Wildlife Federation, in annual meeting assembled March 14-17, 1985, in Arlington, Virginia, opposes the practice of a private landowner to purposely and illegally prohibit or restrict access of wildlife or the public to public lands; and

BE IT FURTHER RESOLVED that the National Wildlife Federation urges government agencies, sportsmen and concerned citizens to address clear violations of the Unlawful Enclosure of Public Lands Act, and recommend that government land management agencies use all legal authorities at their disposal to guarantee the public’s right of access to public lands.