Alaska: Wrangell-St. Elias National Park and Rights-of-Way Law
In Wrangell-St. Elias National Park and Preserve, there are over 1 million acres of non-federal inholdings to which access is, and has been a major issue of controversy. Park managers and landowners alike are trying to reach an agreement which would provide for the access to private property, as well as towns such as Nabesna, McCarthy, and Kennecott. The following information will be used to convince park managers and conservationist groups that access via R.S. 2477 rights-of-ways are not only necessary, but also guaranteed by state and federal law.
For most Americans, traveling to and from home is relatively simple. Travel in most of the United States is on paved roadways, and most roadways draw very little attention from conservationist groups. This, however, is not the case for residents in Wrangell-St. Elias National Park.
Wrangell-St. Elias National Park was established in 1980 by the Alaska National Interest Lands Conservation Act of 1980. ANILCA is an act established ”To provide for the designation and conservation of certain public lands in the State of Alaska, including the designation of units of the National Park, National Wildlife Refuge, National Forest, National Wild and Scenic Rivers, and National Wilderness Preservation Systems, and for other purposes.” (96th Congress of the United States, 1980) This act provided for the protection of millions of acres of Alaska’s wilderness through the creation of national parks and preserves, but in doing so, surrounded many small towns and villages by federally protected land.
Despite protecting millions of acres of wilderness, this act provided for the numerous groups of people affected by the establishment of this law. Stipulations regarding the use of protected lands by private landowners were made. People living inside the park lands were guaranteed the right to subsistence hunting and fishing, as well as the guaranteed access to their lands. This right of access is the main concern for this argument, as it is a major management issue for park officials and land owners alike.
As aforementioned, access to park lands is guaranteed by ANILCA, Title 11, §1107, but it is also protected by the Federal Reserved Statute 2477. R.S. 2477 is a federal statute providing for the access across public lands. Once established, RS 2477 claims can not be eliminated. This policy was put in place in 1866 by The Mining Act to provide for mineral and resource extraction as well as for expansion to the west.
The failure of the Bureau of Indian Affairs to manage this trust fund properly led to legislation and lawsuits in the 1990s and early 2000s to force the government to properly account for the revenues collected. The aim of the act was to encourage American Indians to take up agriculture and adopt the habits of civilized life and ultimately.... ... middle of paper ... ...upon the survey of the lands so as to conform thereto; and patents. shall be issued to them for such lands in the manner and with the restrictions as provided herein.
Committee on Senate Energy and National Resources Subcommittee on National Parks. 3 June 2003: ESBCO. Mission Viejo Library., Mission Viejo, CA. 31 July 2005. http://web31.epnet.com/citation.
...ce rights underlying state forests, state parks, and state game lands, where those rights are owned by a private party. The regulation of such private subsurface rights to protect public resources must be reasonable. That way such regulation is not so burdensome as to affect an unconstitutional “taking” of private property without just compensation. However, the owner of the subsurface rights is limited by a good faith “reasonable use” requirement as a limit to its access to the surface area for the development of subsurface rights.
P4: ‘The parks can be cruel to the animals they hold because they put a restriction the freedom they would normally have in the wild’ (para 5).
Every year, over nine million hikers and adventure seekers travel to the Great Smoky Mountains National Park making it the most visited national park in the United States. There are abundant reasons for this, but many popular reasons include over 150 hiking trails extending over 850 miles, a large portion of the Appalachian Trail, sightseeing, fishing, horseback riding, and bicycling. The park houses roughly ten thousand species of plants and animals with an estimated 90,000 undocumented species likely possible to be present. It is clear why there was a pressing interest in making all this land into a national park. My research was started by asking the question; how did the transformation of tourism due to the establishment of the Great Smoky Mountains National Park affect surrounding cities such as Gatlinburg and Sevier County, and in return, its effect on the popularity of the park?
Being narrow-minded and not being able to take a look at a situation from another person’s point of view can interfere with many situations in life. Culture varies from person to person, province to province, and country to country. Making the adjustment to be able to make adjustments to things such as healthcare to accommodate someone because of their culture is important. Cultural differences will be apparent in all hospital settings no matter where you travel to, so being mindful of it all will go a long way so that the treatment is done correctly and culturally competently. While healthcare may seem as the most important time where culture is sensitive, as Dettwyler sees during her time in Mali, culture affects all parts of life.
n 1864 after a war, the Navajo crops, homes, equipment, and livestock were destroyed. U.S Army Colonel Kit Carson had 8,000 Navajo confined to the Bosque Redundo. Manuelito and 4,000 of his people refused to surrender and went off into the mountains and waged guerrilla warfare. Carson continued killing off horses and wild came and destroying all Navajo property. Ny 1866 Manuelito and his people were beginning to starve and decided to surrender. They were then taken to the very arid reservation Bosque Redundo. The conditions were so terrible that manuelito and his people were permitted to travel to Washington D.C. to petition the government for a new reservation. Manuelito pleaded his cause so well that they were given a reservation to live by autumn. This reservation was located in their traditional
As a nurse, I am obligated to care for all cultures, and try to understand their values, beliefs, spirituality, gender roles, and language. Cultures can range from different families, environments, disabilities, or even genders. It is a very broad topic, and I hope to recognize these cultures in my nursing career. Some barriers may exist that can make it challenging to work with people of a different culture, but it is possible to overcome these with the resources within the health care system. The Health Policy Institute identifies that “[t]he goal of culturally competent health care services is to provide the highest quality of care to every patient, regardless of race, ethnicity, cultural background, English proficiency or literacy” (“Cultural Competence”, 2004). Additionally, cultural competence is an ongoing process that involves both the client, and health care professional to work together that best suits the client’s
Because the AIRFA lacks direct implementation, it often requires federal agencies to review their rules and regulations to accommodate the practice of Native religions. In the 1988 Lyng vs. Northwest Indian Cemetery Protective Association, the people of the Yurok, Karok, and Tolowa tribes challenged the U.S. Forest Service regarding the construction of a logging road through sacred land. The Supreme Court allowed the project to go on, viewing the land as dispensable to Native religious life (Deloria, 1992). The verdict was determined regardless of the Native testimony stating that the area “is not even a part of this world that we live in here. That place up there, the high country, belongs to the spirit and it exists in another world apart from us” (Deloria, 1992). This court case is just one of the numerous cases regarding Native sacred land claims.
This paper explores the concept of culture, its definitions, and its application to nursing and health care. Culture is a group's customs, habits, morals, and shared beliefs. The understanding of culture, not only as a concept, but how it relates to health care is imperative for providers. The lack of cultural awareness, or competency, leads to miscommunication, inadequacy of care, and health disparities among individuals and groups. Jehovah’s Witness’ are one group of individuals with defined morals and beliefs that can be at odds with routine health care: they do not accept most blood products. Understanding how culture can impact a patient, their needs, and beliefs can improve patient outcomes and improve satisfaction rates.
Working with different cultures is inevitable in nursing. As nurses we must be open to the challenges of working with different cultures and finding creative solutions to the health care challenges we may experience when caring for patients that are of a different culture. “Culture is an organized group of learned responses, a system of ready-made solutions to the problems people face that is learned through interactions with others in society” (Seibert, Stridh-Igo, & Zimmerman, 2001, p. 143). When caring for patients of other cultures we must avoid ethnocentrism and focus on providing culturally congruent care which is “care that fits the people’s valued life patterns and set of meanings, which is generated from the people themselves, rather than based on predetermined criteria” (Potter & Perry, 2005, p. 120). To accomplish this we must communicate with our patients and families and have a clear understanding of their expectations. If there is a breakdown in communication then there is the potential for conflict and a poor patient outcome.
An individual’s culture and belief may significantly impact the type of services they require. In addition, it may affect the time, place, and method in the delivery of health care
Cultural competence can be defined as using the ability of one’s awareness, attitude, knowledge and skill to effectively interact with a patient’s many cultural differences. Madeline Leininger, a pioneer on transcultural nursing describes it this way; “a formal area of study and practice focused on comparative human-care differences and similarities of the beliefs, values and patterned lifeways of cultures to provide culturally congruent, meaningful, and beneficial health care to people” (Barker, 2009, p. 498). The importance of cultural diversity in healthcare allows for the delivery of appropriate cultural autonomy. Showing respect for others will lead to trust between nurse and patient which in turn improves healing and health.
The topic that I chose to discuss is one that every state has adopted due to the acts that have been taken to preserve and protect our environment, so I chose the Endangered Species Act. The Endangered Species Act prohibits activities affecting threatened and endangered species. There are many organizations in place to enforce the authorities of this act and a couple of the main groups are the U.S. Fish and Wildlife Service, The National Oceans and Atmospheric National Marine Fisheries Services. In this assignment I will elaborate on the Parks and Wildlife efforts and policies on the Endangered Species Act. To put this Act or Law into order, there were strong actions that were threatening the environment for those that research and treat the animals. Since the 1960’s there have been motions to protect animals and in 1966 Congress passed the Endangered Species Preservation Act and bought its first endangered species habitat in Florida. Once again it was revised in 1969 and 1970, but in 1972, President Nixon declared that conservation efforts in the United States aim to prevent the extinction of species that brought together the 93rd Congress to develop comprehensive endangered species legislation. Congress responded and on December 28th the Endangered Species Act (ESA) of 1973 was signed and put into order.
The history of national parks, their establishment and propagation, demonstrates all three of these intervention principles. Until the early 1800s, the American public viewed nature and the wilderness as something to tame or overcome. Thanks in large part to artistic movements which portrayed unsettled lands as beautiful, public opinion evolved and gave rise to the moral imperative of preservation. In 1864 political, ethical, and economic reasons for intervention furnished momentum to legislation regarding Yosemite Valley; a California senator sponsored a bill which was eventually signed in to law by President Abraham Lincoln and would transfer national lands to the State for “preservation” and “public use, resort, and recreation” (The National Parks, 2005, p. 12-13). In this case, the ethical reason for intervention (land preservation) was largely supported by the American public and the contemporary shift in public opinion, additionally rendering it a political reason for intervention. As for economic reasons for intervention, the land was recognized as a n...