Forested Landscapes in Perspective Prospects and Opportunities for Sustainable Management of America's Nonfederal Forests (1998) / Chapter Skim
Currently Skimming:
10 Resource-Owner Rights and Responsibilities to Invest
10 Resource-Owner Rights and Responsibilities to Invest
Pages 141-155
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From page 141... ...
Without such a mutual understanding, landowners and society in general have difficulty in determining if and when investments in nonfederal forests are appropriate. The dilemma is especially troublesome for owners of private forest property.
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From page 142... ...
Supreme Court protections of private property, increased public and community expectations for access to private forest property, and the appeal of property rights as a means of easing regulatory controls (Meltz 1995~. Private forest management is engulfed in the issue of public and private rights and responsibilities and in the various remedies, including "right to practice forestry laws," suggested to resolve it (Flick et al.
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From page 143... ...
Coupling multiple-use methods, which provide the basis for much of America's forest-management education and policy, with long-term planning in forest-resource management makes forestry an important area for consideration of rights, responsibility, and stewardship issues. Any discussion dealing with sustainable management of nonfederal forestlands must address the issue of stewardship and individual rights and of landowners responsibilities (Box 10-1~.
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From page 144... ...
That recognition can be considered the foundation of sustainability, and the goal of sustainable development has been integrated into many aspects of resource policy. An important dimension of national efforts to promote sustainable use of natural resources is the need to reconcile the personal desires and objectives of private landowners with the interests of the public.
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From page 145... ...
Part of that task will involve identifying opportunities for forest landowners to manage their property in ways that are economically profitable and protect public interests. The danger in discussion about sustainable management of private forests is that it can become embroiled in a debates over rights and responsibilities associated with private property, which obscures progress on efforts involving interested landowners.
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From page 146... ...
Consistently, many native peoples objected to policies that did not show respect for the land. As environmental problems have become more important in recent years and as the widespread consequences of extreme environmental policies, such as the exclusion of fire, have become evident, American society has shown some interest in the concepts and principles of "property" as employed by native peoples.
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From page 147... ...
Hunting grounds are the most interesting case of this shifting, nonagricultural land tenure. The ecological habits of different animals were so various that their hunting required a wide range of techniques, and rights to land use had to differ accordingly (Cronon 1983~." What the Native Americans owned or, more precisely, what their villages gave them claim to was not the land but the things that were on the land during the various seasons of the year (Cronon 1983~.
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From page 148... ...
Along with state law, these federal statutes define subsistence hunting and fishing rights. The federal law protects Alaskan native rights on federal lands, whether or not the state laws protect native rights (Getches et al.
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From page 149... ...
Whether it is protecting wildlife habitat or wetlands, controlling soil erosion, reducing potential fire danger, promoting sustainable management and harvesting practices, or preventing water pollution, important public goals for the nation's forest resources often cannot be achieved without affecting the actions of private forest owners and placing responsibilities on how they manage and use their property.
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From page 150... ...
Environmental restrictions on use of forestland, such as setback requirements for harvesting near waterways to prevent water pollution, limitations on clear cutting, requirements to obtain harvest permits, or acts to comply with forest-management practice are examples of laws that are controversial to some landowners. Enforcing requirements for management practices or regulations for property use do not necessarily result in taking property.
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From page 152... ...
Even with the Endangered Species Act, courts have held that limiting the use of private land to provide habitat is not necessarily a taking of private property. However, a recent Supreme Court decision enables landowners to take legal action against the government if loss of property values is caused by regulation under the Endangered Species Act.
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From page 153... ...
Laws such as the Endangered Species Act and wetland protections have been a focus of these interested groups, but their actions have affected enforcement of laws relating to the use of private lands. Today, any discussion about governmental approaches to implementing a resource-related goal, whether soil conservation, water-quality protection, or sustainable forest management, invokes a discussion about the implications of the proposed approaches on property rights.
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From page 154... ...
The latter should be designed to both foster stewardship among private owners while at the same time respecting deep-seated desires to exercise rights inherent in private ownership of forest property. RECOMMENDATION: Acknowledge public and private rights and responsibilities associated with nonfederal private forests and the multitude of ways that these rights and responsibilities are exercised by various landowners.
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From page 155... ...
RESOURCE-OWNER RIGHTS AND RESPONSIBILITIES This acknowledgment points to the following specific recommendations: 155 · Federal program goals and objectives should build on the variety of interests and objectives of nonfederalforest landowners. · Federal regulatory programs should be designed to reflect public and private rights, responsibilities, and interests in sustained management of nonfederal forests, especially private forests.
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