美国林地权属管理制度探析

文中从联邦与州2个层级介绍美国与林地权属相关的主管机构及职责以及不同权属变更的形式、对象、条件及资金管理。研究发现，联邦主管机构主要为内政部的土地管理局、国家公园管理局、鱼类与野生动物保护局，农业部的林务局以及国防和能源部，各州主管机构主要有其自然资源部的自然资源委员会或林业委员会等；林地权属变更的形式主要是出售和交换，变更对象要求任何林地不得出售、交换或捐赠给非美国公民或不受任何州或联邦法律约束的公司；联邦与不同的州关于权属变更的规定详细程度存在差异，而内容却存在一定相似性；联邦与部分州政府建立相关基金或账户，以储存出售或交换土地所获收入并用于购买土地等。

Forest Ownership Management Regime in the United States of America

This paper introduces the competent authorities and their responsibilities for forest ownership management, the different forms and objects of ownership change, requirements of different forms of ownership change, and fund management for different forms of ownership change at the federal and state levels of the United States of America. The study finds that the federal authorities responsible for federal forest management are the Bureau of Land Management (BLM), the National Park Service (NPS), and Fish and Wildlife Service (FWS) under the Department of the Interior, the Forest Service under the Department of Agriculture and Department of Defense and Energy while the state authorities responsible for state forest management are mainly the Commission of Natural Resources or the Commission of Forestry under the Department of Natural Resources. Sales or exchanges are the forms of forest ownership change practised by the federal and state governments, and it is required that any forest land shall not be sold, exchanged or donated to non-US citizens or companies which are not bound by any state or federal law. There are differences in the number of provisions on the ownership change forms between the federal and state governments, but the content of the provisions are of certain similarity. Funds or accounts are established by the federal and state governments for depositing the proceeds from forest land sales or exchanges, which are used to purchase land.