A federal agency is a creature of statute and derives its existence, authority and powers from Congress alone. It has no constitutional or common law existence or authority outside that expressly conveyed to it by Congress.
...an administrative agency's power to regulate in the public interest must always be grounded in a valid grant of authority from Congress.
Although the Secretary asserts FLPMA delegates to BLM broad authority and discretion to manage and regulate activities on public lands, nothing in FLPMA provides BLM with specific authority to regulate hydraulic fracturing or underground injections of any kind; rather, FLPMA primarily establishes congressional policy that the Secretary manage the public lands under principles of multiple use and sustained yield. ...At its core, FLPMA is a land use planning statute.
So I have some questions. Concerning the outlawing of ranching on two allotments, do our Reps "welcome" this requirement of the Wilderness Land Trust? Will Senator Udall and Rep. Lujan still "thank" them? Does Senator Heinrich still believe this is a "great achievement" by his "dedicated partners"? Senator Heinrich has attempted in the past to include grazing buyout language in a bill moving through Congress. Isn’t this a “buyout” of the same nature?