Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
POLICY2010
University of Montana - Policy - Test 1
| Question | Answer |
|---|---|
| Federal Land Disposal | Land grants to states and railroads. |
| Land grants to states | Land given to states once they were admitted to the union. Land given to pre-existing states by way of legislation. |
| Federal Land Dispersal Example | Arizona - hospitals, colleges, mental institutions. 14% of land mass was due to the enabling act. |
| Land grants to railroads | To provoke railways to build rail lines, congress granted a free 200 foot right away plus every even numbered section of land for six sections on both sides of the railway. This alternating section method was meant to reduce the possibility of a monopoly. |
| Federal retention of public land and resources | 1864 Yosemite Valley and Mariposa Big Tree Grove. 1872 Yellowstone National Park. Antiquities act. NPS formed. 1887 Forest management act passed. USFS created. |
| Antiquities act | This gave the president rights to declare national monuments. |
| National Park System | Goal was to preserve and protect for future generations. These were set aside for recreational, aesthetic and watershed protection. |
| Forest management act | to protect the forest and provide favorable conditions of water flows and timber supply. This management was transfered to the Bureau of Forestry. |
| Judicial Review (Under APA) | Inform, participation and accountability. The arbitrary and capricious standard. |
| Inform | Agency must tell public what it is going to do. Under what statue and who's authority. |
| Participation | Requires that the public have an opportunity to participate in the rule making process through submission of data, views or arguments. |
| Accountability | The review court can hold unlawful and determine agency action is arbitrary and capricious. |
| Judicial Review Example | Northern Spotted Owl - These laws exist due to inertia, powerful lobbying forces and a lack of public awareness. |
| Lords of yesterday | Westward expansion. Help settle the arid west, making it economically productive. Charles Wilkinson coined term. |
| Lords of yesterday example | 1872 hard-rock mining act - Highly subsidized environmentally unfriendly law that was meant to attract settlers. Many claims made are not mined. The law gives right to surface, subsurface, water and timber on parcel. Tax free. |
| 1872 General Mining Law | Valuable minerals, patent, and no royalties. Allows private property rights on public land. No taxes. Land can be sold. No environmental regulations. |
| Valuable minerals | Claim can be made if land is believed to have valuable minerals on it. |
| Patent | Patent and buy land once discovery of mineral has been made. (1872 prices - $2.50 - $5.00 per acre)Assessment fee of $500. $100 annual fee on improvements must be paid to receive surface and mineral rights. |
| Royalties | Government sees no royalty fees. |
| Three important elements of the APA (Administrative Procedures Act of 1946) | Rulemaking, adjudication, and judicial review. Final rule is added to federal registry. |
| Formal Rulemaking | Formal rulemaking - done trial process with a hearing, testimony, and cross-examination of witnesses. |
| Non-formal rulemaking | Requires environmental assessments, cost-benefit analysis, assessments of impact on small businesses and local governments. |
| Adjudication | Produces an order, generally addresses present problems and issues such as permit issuance and enforcement actions. |
| Adjudication example | dredge and fill permit in wetland |
| Indian water rights | Type of federal reserve water rights. Government treaty stating indians must be civilized people and farm/ranch. Depended on date of reservation, date of treaty (and treaty warding) and anglo water reservation (before or after). |
| Indian water rights example | Fort Belknap Indian reservation - states Indians have first rights to water (under prior appropriation) based on treaty date and federal government did not intend for the denial of water due to the act of civilizing Indians. |
| Federal reserve water rights | Government held many riparian water rights in the west. Cappaert VS USA case. |
| Capparet VS USA Case | It was determined that irrigation on the Cappaert ranch was de-watering the devils hole national monument, which was set aside to preserve its unique hydrological features. |
| Instream flow appropriations | States right issue. Beneficial use. Use it or lose it. Paper versus wet rights. |
| Paper water | Water that is theoretically in the stream but not actually there due to over appropriation of water rights. |
| Wet water | Water that is actually in the stream. |
| Federal regulatory water rights | Clean water act (Rapanos VS USA) and endangered species act. |
| Clean Water Act | Regulates water found in navigable waterways. These waterways that effect streams, rivers, lakes and oceans. This statute transfers to affect adjacent wetlands, ephemeral streams and made made waterways. |
| Rapanos VS USA | This is a case where a MI firm filled in a wetland adjacent to a stream that fed a navigable waterway (Lake Huron). |
| Endangered Species Act | More threatened or endangered species in western water. Water in west is scarce. |
Created by:
JGILL40167
Popular Earth Science sets