Instructor:
Dr. Charles Davis
Fall 1999
The purpose of this seminar is to introduce students to ongoing public land policy issues in the U.S. and how they are addressed by elected officials, interest groups, administrators, judges and other political actors. After examining the evolution of public land-use policies, attention is directed to the major players - federal agencies, Congress, environmental and industry groups and the courts. A key concern here is the extent to which shifts have occurred in the locus of decision making and whether elected offi- cials will increasingly make decisions formerly made by judges or administrators.
Next, jurisdictional conflicts involving the federal government and the states are considered. The "Sagebrush Rebellion" of the late 1970s and its more current version exemplify one set of concerns over land use. I then focus more directly on decision- making procedures made within federal agencies that regulate land uses. More specifically, the political uses and consequences of the multiple use management frameworks employed by the Forest Service and BLM are analyzed along with efforts to utilize ecosystems management.
Fourth, I examine several policy issues that continue to generate political controvery. By looking more carefully at land use practices such as hard rock mining claims or livestock grazing on public rangelands, it is possible to not only delve a little further into the substantive nature of specific conflicts but to illustrate some of the commonalities across issue areas to be seen through the interplay of groups, elected officials and administra- tors. This tells us whether there are distinctive features found in the public lands policy landscape that aren't likely to be found in examining other policy areas such as education, health care or even environmental protection.
In the concluding session, these issues are considered within the context of the current political mood. Will policy shift to reflect the concerns of traditional constituencies or those of environmen- talists? Will changes reflect a more dramatic change in direction policy-wise or change at the margins to avoid alienating industry or environmental constituencies? Is reform likely to occur through legislative changes (which are more enduring) or through admini- strative action?
This course will follow a discussion format although the initial part of each session will be devoted to lecture materials, a discussion of the required readings or an occasional presentation from a guest expert. It is expected that everyone will come to class prepared to discuss the readings from a critical perspective which means that you remember not only the basic theme of the piece but the quality of evidence and how well it is presented. For each session, 3-4 students will take the lead in discussing one of the suggested readings. This should last approximately 15 minutes and consist of basic themes, examples and an evaluation of the piece. Under no circumstances shall anyone be caught reading the assign- ment out loud - we want to stay awake and interested. Feel free to raise questions and to make comments.
Grades will be based on your performance on two short papers (25 points each), a final exam (40 points) and class participation (10 points). Each short paper should be 10-12 pages in length, typed and eloquently written. One of these should deal with how a political institution (e.g., Congress) addresses one or more public land policy issues while the other should focus on one of the substantive policy issues (e.g., mining). Credit will be deducted for poor grammar, a lack of organization or lateness. The final exam will be held in class and will consist of 3-4 questions drawn from a much longer list of study questions handed out the week before. I will also consider the quality of comments offered in class.
Required Texts:
Charles Davis, ed., Western Public Lands and Environmental Politics, Westview Press, 1997.
Robert Durant, The Administrative Presidency Revisited: Public Lands, the BLM and the Reagan Revolution. Albany, NY: SUNY Press, 1992.
Christopher McGrory Klyza, Who Controls Public Lands? University of North Carolina Press, 1996
Jacqueline Switzer, Green Backlash. Lynne Rienner Publishers, 1997.
Steven Yaffee, The Wisdom of the Spotted Owl. Washington, DC: Island Press, 1994.
Additional Materials:
A limited number of required readings should be copied as well. They can be found along with the suggested readings at the reserve desk of the library. Only the starred (*) entries will be placed on reserve; the others are in the stacks.
Course Outline:
Date
8/25 Introduction: The Evolution of Public Lands Policy
Required Readings:
Davis, Ch 1; Klyza, Ch 2
Suggested Readings:
R. McGreggor Cawley and Sally Fairfax, "Land and Natural Resource Policy I: Development and Current Status." In Clive Thomas, ed., Politics and Public Policy in the Contemporary American West. Albuquerque, NM: University of New Mexico Press, 1991.
Samuel Hays,
Conservation and the Gospel of Efficiency. Cambridge, MA: Harvard University
Press, 1959.
Joseph Sax, "Parks, Wilderness and Recreation." In Michael Lacey,
ed., Government and Environmental Politics. Baltimore, MD: Johns Hopkins
University Press, 1991.
Scott Hardt, "Federal Land Management in the Twenty-First Century: From Wise Use to Wise Stewardship," Harvard Environmental Law Review No. 2 (1994).
Paul Hirt, A Conspiracy of Optimism: Management of the National Forests since World War Two. Lincoln, NB: University of Nebraska Press, 1994.
9/1 Making Policy "on the Ground": Federal Land Management Agencies
Required Readings:
Durant, Ch. 3; Yaffee, Ch. 10
Suggested Readings:
Bradley, Dorothea and Helen Ingram. 1986. "Science vs. the Grass Roots: Representation in the Bureau of Land Management." Natural Resources Journal 26 (Summer).
Craig Allin, "Wilderness Preservation as a Bureaucratic Tool." In Phillip O. Foss, ed., Federal Lands Policy. Westport, CT: Green- wood Press, 1987.*
Jeanne N. Clarke and Daniel McCool, Staking Out the Terrain. Albany, NY: SUNY Press, 1996, Ch. 5
Richard Tobin, The Expendable Future: U.S. Politics and the Protection of Biological Diversity. Duke University Press, 1990, Ch 3
9/8 Political Institutions and Public Lands Policymaking
Required Readings:
Elise Jones and Will Callaway, "Neutral Bystander, Intrusive Micro- manager or Useful Catalyst?: The Role of Congress in Effecting Change within the Forest Service," Policy Studies Journal (Summer, 1995).
Suggested Readings:
Charles Davis, "Public Lands Policy Change: Does Congress Support It?" Journal of Forestry (June, 1995).
Charles Wise and Kirk Emerson, "Regulatory Takings: The Emerging Doctrine and Its Implications for Public Administration," Administration and Society (November, 1994).
Elise Jones and Cameron Taylor, "Litigating Change: The Impact of the Courts and Administrative Appeals Process on the Forest Ser- vice," Policy Studies Journal (Summer, 1995).
9/15 Participating in Public Land Use Decisions
Required Readings:
Switzer, Parts II and III; Yaffee, Ch. 8
Suggested Readings:
Steven Davis, "Environmental Politics and the Changing Context of Interest Group Organization," Social Science Journal (October, 1996).
Toddi Steelman and William Ascher, "Public Involvement Methods in Natural Resource Policymaking," Policy Sciences (1997).
Paul Culhane, Public Lands Politics. Washington, DC: RFF, 1981, Ch. 11.*
Brent Steel, et al, "Resources and Strategies of Interest Groups and Industry Representatives Involved in Federal Forest Policy," Social Science Journal (October, 1996).
9/22 Jurisdictional Conflicts Over Public Lands Issues
Required Readings:
Davis, Ch. 2
Suggested Readings:
Howard McCurdy, "Environmental Protection and the New Federalism: The Sagebrush Rebellion and Beyond." In Sheldon Kamieniecki, Robert O'Brien and Michael Clarke, eds., Controversies in Environmental Policy. Albany, NY: SUNY Press, 1986.*
Jeff Romm and Sally Fairfax, "The Backwaters of Federalism: Receding Reserved Water Rights and the Management of National Forests," Policy Studies Review (November, 1985).
Sally Fairfax, "Interstate Bargaining over Revenue Sharing and Payments in Lieu of Taxes: Federalism as if States Mattered." In Phillip O. Foss, ed., Federal Lands Policy. Westport, CT: Greenwood Press, 1987.*
R. McGreggor Cawley, Federal Land, Western Anger, Lawrence, KS: University of Kansas Press, Ch. 5.*
9/29 State Lands Policy
Required Readings:
Jon Souder and Sally Fairfax, "History of the School Land Grant Program," Ch 1 in their State Trust Lands. University Press of Kansas, 1996.
Suggested Readings:
Tomas Koontz, "Differences between State and Federal Public Forest Management: The Importance of Rules," Publius (Winter, 1997).
Robert Corkran, "Hardrock Mining Reclamation Regulation: A Selected State Comparison, 1978-1996." Unpublished paper.
Jon Souder, Sally Fairfax & Larry Ruth, "Sustainable Resources Management and State School Trust Lands," Natural Resources Journal (Spring, 1994).
10/6 Agency Decision-Making Procedures
Required Readings:
Davis, Ch 3
Suggested Readings:
Behan, R.W. 1993. "The Irony of the Multiple-Use/Sustained Yield Concept: Nothing is so Powerful as an Idea Whose Time Has Passed." Testimony presented at a workshop on multiple-use and sustained yield, House Committee on Interior and Insular Affairs, March 5 and 6, 1992 in Washington, D.C.*
Leshy, John. 1993. "Is the Multiple-Use/Sustained Yield Management Philosophy Still Applicable Today?" Testimony presented at a work- shop on multiple-use and sustained yield, House Committee on Interior and Insular Affairs, March 5 and 6, 1992 in Washington, D.C.*
Errol Meidinger, "Organizational and Legal Challenges for Ecosystem Management." In Kathryn Kohm and Jerry Franklin, eds., Creating a Forestry for the 21st Century. Island Press, 1997.
Edward Weber, "A New Vanguard for the Environment: Grass-Roots Ecosystem Management as a New Environmental Movement." 1998 WSSA Conference Paper.
10/13 National Forests and Timber Production
Required Readings:
Davis, Ch. 4; Klyza, Ch. 4
Suggested Readings:
Kevin Gericke and Jay Sullivan, "Public Participation and Appeals of Forest Service Plans," Society and Natural Resources (March-April, 1994).
Frederick Cubbage, Jay O'Laughlin and Charles Bullock III, Forest Resource Policy. New York: John Wiley & Sons, 1993, Ch. 8.*
Sabatier, Paul, John Loomis and Catherine McCarthy. 1995. "Hierarchical Controls, Professional Norms, Local Constituencies, and Budget Maximization: An Analysis of U.S. Forest Service Planning Decisions." American Journal of Political Science 39 (February).
Timothy Farnham, "Forest Service Budget Requests and Appropria tions: What Do Trends Reveal?" Policy Studies Journal (Summer, 1995).
Bruce Shindler, Peter List and Brent Steel, "Managing Federal Forests: Public Attitudes in Oregon and Nationwide," Journal of Forestry (July, 1993).
10/20 Wilderness
Required Readings:
Durant, Ch. 8; Davis, Ch 9
Suggested Readings:
James Gladden, The Boundary Waters Canoe Area. Ames, IA: Iowa State University Press, 1990, Ch. 4 and 5.*
Clair Ginger and Paul Mohai, "The Role of Data in the EIS Process: Evidence from the BLM Wilderness Review," Environmental Impact Assessment Review (March, 1993).*
Douglas Booth, "Timber Dependency and Wilderness Selection: The U.S. Forest Service, Congress, and the RARE II Decisions." Natural Resources Journal 31 (Fall, 1991).
Samuel Zeveloff and Cyrus McKell, "Arid Land Wilderness Issues," in their Wilderness Issues in the Arid Lands of the Western United States. University of New Mexico Press, 1992.
10/27 Energy Development
Required Readings:
Durant, Ch. 4; Davis, Ch. 7
Suggested Readings:
Walter Rosenbaum, "Energy Policy in the West." In Zachary Smith, ed., Environmental Politics and Policy in the West. Dubuque, IA: Kendall-Hunt, 1993.
Hank Jenkins-Smith, Gilbert St. Clair and Brian Woods, "Explaining Change in Policy Subsystems," American Journal of Political Science (November, 1991).
Todd Miner, "Clash in Values over Wilderness and Oil in Alaska," Forum for Applied Research and Public Policy (Winter, 1994).
Marjane Ambler, Breaking the Iron Bonds: Indian Control of Energy Development. Lawrence, KS: University of Kansas Press, 1990, Ch. 7.
11/3 Livestock Grazing
Required Readings:
Durant, Ch. 4; Davis, Ch. 5
Suggested Readings:
Robert H. Nelson, "NRDC vs. Morton: The Role of Judicial Policymaking in Public Rangeland Management," Policy Studies Journal (December, 1985).
William Riebsame, "Ending the Range War," Environment (May, 1996).
David Lambert, "Grazing on Public Rangelands: An Evolving Problem of Property Rights," Contemporary Economic Policy (April, 1995).
General Accounting Office, Rangeland Management: Interior's Monitoring Has Fallen Short of Agency Requirements. Washington, DC: GAO, February, 1992.*
11/3 Hardrock Mining
Required Readings:
Davis, Ch 6; Klyza, Ch 3
Suggested Readings:
Robert Corkran, "Quality of Life, Mining, and Economic Analysis in a Yellowstone Gateway Community," Society & Natural Resources (1996).
Phillip Schuster II and Roger Dierking, "Future Prospects for Mining and Public Land Management," Environmental Law (Summer, 1996).
General Accounting Office, Federal Land Management: The Mining Law of 1872 Needs Revision. Washington, DC: GAO, March, 1989.*
Catalina Camia, "Severity of Job Loss at Issue in Mining Law Overhaul," Congressional Quarterly Weekly Report (January 8, 1994).
11/10 National Parks
Required Readings:
Davis, Ch. 8
Suggested Readings:
Ronald Foresta, America's National Parks and Their Keepers. Washington, DC: RFF, 1984, Ch. 3.*
William Lowry, "Land of the Fee: Entrance Fees and the National Park Service," Political Research Quarterly (December, 1993).
Steven Primm and Tim Clark, "The Greater Yellowstone Debate: What is the Policy Problem?" Policy Sciences (May, 1996).
Steven Ryder, National Parks and the Politics of Adjacent Lands. PhD dissertation, 1996, Ch 6.
11/17 Wildlife Policy
Required Readings:
Yaffee, Ch. 1-6
Suggested Readings:
William Mangun, "Wildlife Resource Policy Issues in the West." In Zachary Smith, ed., Environmental Politics and Policy in the West. Dubuque, IA: Kendall-Hunt, 1993.
Charles F. Wilkinson, "The River Was Crouded with Salmon," Ch 5 in his Crossing the Next Meridian: Land, Water and the Future of the West. Island Press, 1992.
Richard Tobin, The Expendable Future: U.S. Politics and the Pro- tection of Biological Diversity. Duke University Press, 1990, Ch 9
William Mangun
and Jean Mangun, "Implementing Wildlife Policy across Political Jurisdictions,"
Policy Studies Journal No 3-4 (1991).
1/24 Thanksgiving Break - no class
12/8 Whither Public Lands Policies: More of the Same?
Required Readings:
Davis, Ch 10; Klyza, Ch 6; Yaffee, Part III