NR320 midterm (ALL)

When did humans start making a distinction between "wilderness" and non-wilderness?

12000 years ago

What marks the turning point in American's view of wilderness?

1890 scarcity theory

What are the functions of natural resource agencies/bureaucracies?

?????

What is the legislature?

A body of elected representatives that make laws on behalf of citizens

What is the definition of "policy" used in this course?

A durable decision that guides peoples actions

18. Under Section 7 of ESA, every federal agency consult with the Secretary of the Interior to make sure what doesn't happen? A. Actions carried out by the agency doesn't jeopardize the continued existence of a listed species B. Multiple uses are appropriately balanced with preservation of wildlife C. The habitat of species on the ESA list are not "harmed" D. Listing decisions fail to use best available scientific or commercial data E. Economic considerations creep into the species listing decision

A. Actions carried out by the agency doesn't jeopardize the continued existence of a listed species

14. In what ways is the National Park Service's Organic Act a contradictory mission? A. Conserving scenery, historic objects, and wildlife vs. providing enjoyment and recreation B. Conserving natural resources vs. allowing commercial harvesting of natural resources C. It requires "multiple use" while at the same time requiring "preservation" D. Reservation of public domain land vs. disposal of public domain land E. The National Park Service is in the US Dept. of Interior, but the national parks are in the Dept. of Agriculture

A. Conserving scenery, historic objects, and wildlife vs. providing enjoyment and recreation

19. Which of the following federal agencies does NOT fall under the Department of the Interior? A. Forest Service B. Fish and Wildlife Service C. Bureau of Land Management D. Geological Survey E. National Park Service

A. Forest Service

10. What is a primary philosophical difference between John Muir and Theodore Roosevelt when it comes to wild lands and natural resources? A. Muir advocated for preservation from any human use, but Roosevelt advocated for wisely using resources for national welfare B. Muir wanted the National Park Service to manage all public lands, but Roosevelt wanted the Forest Service to manage all public lands C. Muir thought that water should benefit "the greatest good for the greatest number over the long run", but Roosevelt thought that water should only benefit large cities, like San Francisco D. Muir thought that the forest reserves should managed using scientific principles, but Roosevelt believed that local governments were best suited to manage the forest reserves E. Muir believed that non-governmental organizations like the Sierra Club should oversee the management of wildlands, but Roosevelt believed that the national government should do it

A. Muir advocated for preservation from any human use, but Roosevelt advocated for wisely using resources for national welfare

10. The most common type of lawsuit in natural resources is over: A. Procedural issues B. Administrative rule-making C. Conflicts between constitutional and statutory laws D. Conflicts between statutory laws and administrative rules E. Substantive issues

A. Procedural issues

20. What are Gifford Pinchot's three legs of conservation? A. Resource development for as many people as possible in the current generation B. Preservation of resources for future generations C. Conservation of national treasures despite the social cost D. Social justice and equality of opportunity - not just limited to a few wealthy corporations. E. Protection of listed, threatened, and endangered species

A. Resource development for as many people as possible in the current generation B. Preservation of resources for future generations D. Social justice and equality of opportunity - not just limited to a few wealthy corporations.

18. ___________________was the first director of the National Park Service; ______________ was the first Chief of the US Forest Service. A. Stephen Mather; Gifford Pinchot B. George Perkins Walsh; Stephen Mather C. John Muir; Robert Manning D. David Cole; Theodore Roosevelt E. John Audobon; Aldo Leopold

A. Stephen Mather; Gifford Pinchot

15. What did the Federal Land Policy & Management Act declare as a national policy? A. The improvement of rangelands resulting from exploitation B. The continued disposal of the "public domain" C. The creation of the Bureau of Land Management D. The very first articulation of "multiple use" as a natural resource management philosophy E. The importance of "Wilderness" for America

A. The improvement of rangelands resulting from exploitation

14. According to Pinchot, how was land fraud committed by lumber companies? A. They brought trainloads of teachers and others from distant states to lay claim and then sell land B. They laid claim to forest lands by abusing the obscure wording in the Forest Reserve Act C. They falsified documents and paid off or murdered agents of the General Land Office D. They laid claim to land under provisions for mining but stripped the timber E. They purchased land at reduced rates, posing as government employees

A. They brought trainloads of teachers and others from distant states to lay claim and then sell land

12. The Supreme Court examines whether lower courts correctly applied the law. A. True B. False

A. True

4. What does Roderick Nash mean when he writes, "...civilization created wilderness?" A. Whatever is brought under the control of humans stands in contrast to something that is untamed B. Only when humans destroy nature do they begin to value it C. Only when the early American colonists started building cities did they recognize a distinction with untamed nature D. When humans created indoor dwellings, they started viewing the outside as "wild" E. When humans created tools, they needed something to direct those tools at

A. Whatever is brought under the control of humans stands in contrast to something that is untamed

During a judicial review process, if the court rules that the agency used it's best technical expertise and did not exceed the rulemaking authority granted by the authorizing legislation, what "standard of review" is the court using?

Abuse and discretion

How did this view shape the early colonists' attitudes and actions towards the land and people of the New World?

Afraid of it, wanted to tame everything

Most of the day-to-day work done in a legislature is done by whom?

Agencies

Passed in 1891, the Forest Reserve Act gave the power to set aside forest lands to which body?

Allowed the President to set aside forest reserves from the land in the public domain

What has become the dominant vision of "paradise" for human civilizations?

An environment perfectly suited to human interests

1. What is the definition of "policy" used in this course? A. A durable political outcome that picks winners and losers B. A durable decision that guides people's actions C. The "right" allocation of resources to benefit all people D. A durable distribution of decisions between individual benefits and the 'public good' E. A set of rules, regulations, and procedures that controls people's actions

B. A durable decision that guides people's actions

7. What is the general idea behind the Homestead Act? A. Any person 21 years of age or older can get a free house B. Any person 21 years of age or older has a chance to acquire 160 acres of land C. To get people to build settlements around railroads D. To get people to file claims to establish their "home" water rights E. It established the Land Grant System, of which Colorado State University is one

B. Any person 21 years of age or older has a chance to acquire 160 acres of land

8. What is the "dominant use" articulated in the National Wildlife Refuge System Improvement Act of 1997? A. There is no "dominant" use - it's all multiple use B. Protection of nature C. Hunting and fishing for the general public D. Neotropical birds under the Lacey Act of 1900 E. Threatened and endangered species under the Endangered Species Act of 1973

B. Protection of nature

16. In general, _______________ governs water in the East; _________________ governs water in the West. A. Prior Appropriation; Riparian Doctrine B. Riparian Doctrine; Prior Appropriation C. Split Estate (Surface/Ground); Riparian Doctrine D. Reasonable use; Standard use E. Use it or lose it; Reasonable use

B. Riparian Doctrine; Prior Appropriation

Which federal land and natural resource agencies fall under the Department of the Interior?

Bur. Of Indian Affairs, Bur. Of Land Management, Bur. Of Reclamation, Fish and Wildlife Service, Geological Survey, Minerals Management Service, National Park Service

What distinguishes the concept of "wild" from non-wild?

Civilization is tamed, wild is not

9. Manifest Destiny is the notion that: A. Europeans can apply a "work ethic" to enrich themselves B. The Earth is to be shared by all living beings C. America's self-proclaimed right to expand across the land D. Wild forests need to be cleared for crops to be exported to Britain E. Land should be conserved for the greatest good for the greatest number over the long run

C. America's self-proclaimed right to expand across the land

6. What was one of the key sparks that led to the National Forest Management Act of 1976? A. Designating wilderness areas on the Tongass National Forest B. Allowing increased snowmobile use in Yellowstone National Park C. Controversy over clearcutting on the Bitterroot National Forest D. Increasing conflicts between prior appropriation and federal reserved water rights E. The election of President Theodore Roosevelt and his ally Gifford Pinchot

C. Controversy over clearcutting on the Bitterroot National Forest

4. Which of the following describe the three branches of the federal government? A. Legislative, Administrative, Judicial B. Executive, Bureaucratic, Legislative C. Legislative, Executive, Judicial D. Executive, Administrative, Judicial E. Administrative, Bureaucratic, Executive

C. Legislative, Executive, Judicial

19. During the era of exploitation what species was emblematic of wildlife extinction? A. Livestock B. Spotted owl C. Passenger pigeon D. Chinook salmon E. Barn owl

C. Passenger pigeon

17. When conflicts make it court, what is the legal precedent regarding split-estate? A. Rulings are mixed- half have favored the surface owner and half have favored the mineral lease holder B. Very few conflicts have ever made it court C. Rulings have favored the mineral estate and its development D. Rulings have favored the surface estate E. Rulings have required private energy companies to put up financial performance bonds

C. Rulings have favored the mineral estate and its development

7. Who gets to make the final decision about what is a "unnecessary" or "undue" degradation of public rangeland? A. Scientifically-trained natural resource managers B. Scientific researchers C. The Secretary of the Interior D. Congress E. Courts

C. The Secretary of the Interior

3. What was a primary economic influence affecting early U.S. natural resource policy? A. The U.S. government negotiated treaties with the French and British to increase trade immediately following the American Revolution B. The massive California gold rush infused the U.S. economy with a lot of wealth C. The U.S. government was bankrupt immediately following the American Revolution and needed a source of revenue D. General Land Office sales of the public domain created a huge influx of cash to the U.S. Treasury E. Railroad land grants generated greater than expected revenue for the U.S. Treasury, prompting increased land grants

C. The U.S. government was bankrupt immediately following the American Revolution and needed a source of revenue

16. The choices made and standards expressed in National Wildlife Refuge System Improvement Act and the Endangered Species Act (ESA) are demonstrations of what? A. A continued pattern of Congress providing for agency discretion B. Lack of willingness by Congress to make difficult resource management decisions C. The willingness and ability of Congress to provide a greater degree of statutory detail Vague, ambiguous language open to agency interpretation D. Agency interpretation of laws through their own rule-making process E. All of the above

C. The willingness and ability of Congress to provide a greater degree of statutory detail

13. What is Gifford Pinchot's main criticism of the General Land Office? A. They passed Government lands into private hands too slowly, always dragging feet B. They passed Government lands into the hands of their families and friends only C. They passed Government lands into private hands as fast as possible, without regard to the law D. They refused to pass Government lands into private hands, ignoring the letter of law E. They refused to pass Government lands to the States, ignoring congressional mandate

C. They passed Government lands into private hands as fast as possible, without regard to the law

6. Until 1934, what was the major objective of Federal lands policy? A. To acquire and manage the public domain B. To allocate public domain lands to federal agencies C. To dispose of the public domain D. To reserve land grants from private development E. To protect all forests and wildlife

C. To dispose of the public domain

5. The Organic Act and the Multiple Use-Sustained Yield Act are examples of: A. Highly specific, prescriptive laws that tell agencies exactly what to do B. Agency rules that interpret Congressional laws C. Vague, ambiguous laws that leave a lot of agency discretion D. Policies that are not durable since they have been over-turned by Congress E. Laws that emphasize the disposal of the public domain for private exploitation

C. Vague, ambiguous laws that leave a lot of agency discretion

What is the most common form of litigation typically seen in environmental and natural resource court cases?

Civil cases

Congratulations! Upon graduation from WCNR you secure a job with the federal government and your office is in Washington DC. Your daily duties include (but are not limited to) conducting research, meeting with lobbyists, overseeing the drafting of laws, participating in negotiations, building coalitions with other staff, and perhaps even having confidential discussions with a member of congress. What is your job?

Committee Staff member

Important work in law-making such as deciding which proposals/bills are considered to be put before congress, how the bills are written, and who gets to participate in writing the bills is conducted by whom?

Committees

What are the primary responsibilities of the U.S. Fish & Wildlife Service

Coordinate wildlife protection and management with Indian tribes, state agencies (Division of Wildlife) and private landowners →Manage 40 million acres of National Wildlife Refuge lands in lower 48 and 50 million acres in Alaska for wildlife objectives (migratory birds, waterfowl production, big game)

"The greatest good for the greatest number in the long run" is attributed to which person?

Gifford Pinchot

8. Who was John Wesley Powell and what ideas did he promote? A. As head of the General Land Office, he sought to sell more land by making homesteads 80 acres instead of 160 acres B. As head of Grand Canyon National Park, he first proposed the idea of federal reserved water rights C. As the governor of the Colorado Territory, he first proposed that state water courts have jurisdiction over prior appropriations D. As head of the US Geological Survey, he advocated for land surveys to be along watershed boundaries instead of rectangular squares E. As the Chief Justice of the U.S. Supreme Court, he ruled that Congress had unlimited power over public lands

D. As head of the US Geological Survey, he advocated for land surveys to be along watershed boundaries instead of rectangular squares

11. What distinguishes a "civil servant" from, say, a member of Congress? A. Civil servants take their orders directly from Congress B. Civil servants receive scientific training C. Civil servants are elected by the people to serve them D. Civil servants are not elected and are hired based on merit alone E. There is no real difference

D. Civil servants are not elected and are hired based on merit alone

2. What are the four primary components of the general framework for understanding and analyzing natural resource policy? A. Decision, Allocation, Management, and Use B. Acquisition, Disposal, Reservation, and Exploitation C. Common Law, Legislative Law, Acquisition Law, and Disposal Law D. Ideas, Influences, Institutions, and Impacts E. Manifest Destiny, Property Rights, National Priorities, and Appropriate

D. Ideas, Influences, Institutions, and Impacts

2. One of the key purposes of a legislative committee is to: A. Spend time on each and every issue that is proposed B. Give a chance for all legislators to discuss an issue C. Decide which proposals will be given appropriations D. Narrow the number and types of issues to be considered E. Narrow the number and types of legislators can be assigned to subcommittees

D. Narrow the number and types of issues to be considered

3. Why does Congress pass laws and policies that use broad, ambiguous language? A. So that congress can use it's discretion and it's easier to get the necessary votes to the law passed in congress. B. So that agencies have strict guidelines for how the law should be executed and it's easier to get the necessary votes to the law passed in congress. C. So that congress can use it's discretion and the agencies will have strict guidelines for how the law should be executed. D. So that agencies can use their discretion and it's easier to get the necessary votes to get the law passed in congress. E. So that both agencies and congress can use their discretion.

D. So that agencies can use their discretion and it's easier to get the necessary votes to get the law passed in congress.

1. Which of the following is NOT a characteristic of legislative committees? A. The majority party controls what committees exist and who serves B. The chair of the committee is a political nominee that exerts a lot of power C. The types of committees reflects the policy priorities of the majority party D. The chair of the committee is based on number of votes in the last election E. Who serves on a committee is based on seniority of tenure (years served in the legislature)

D. The chair of the committee is based on number of votes in the last election

11. "Judicial review" refers to what kind of power? A. The power of Congress to review decisions of the courts B. The power of the executive branch to review decisions of the courts C. The power of higher-level courts to review decisions of lower-level courts D. The power of courts to decide on disputes over the constitutionality, interpretation, and enforcement of laws E. The power of courts to rely on common law to make decisions

D. The power of courts to decide on disputes over the constitutionality, interpretation, and enforcement of laws

15. In the context of natural resource policy, what is meant by "allocation"? A. To use a resource in the most efficient manner B. To assert government control over land and natural resources C. To assign a property right for the first time D. To divide into shares; 'how a pie is cut up' E. To formalize a policy so that it stays durable

D. To divide into shares; 'how a pie is cut up'

17. What historic natural resource event happened in 1872? A. Antiquities Act B. Forest Reserve Act C. Trail of Tears D. Yellowstone Park Act E. Taylor Grazing Act

D. Yellowstone Park Act

What are the three-tiers of the U.S federal court system?

District Court, then Circuit Court of Appeals or Appellate Court, and finally Supreme Court

20. Some of the key issues facing the Bureau of Land Management include: A. Wild horse and burro management B. Mining and energy development on public and private land C. Grazing in semi-arid and arid environments D. Balancing multiple uses, especially economic use vs. resource protection E. All of the above

E. All of the above

5. Which one of these is NOT a principal federal land-holding agencies in the U.S.? A. U.S. Forest Service B. Bureau of Land Management C. National Park Service D. Fish & Wildlife Service E. Environmental Protection Agency

E. Environmental Protection Agency

In the context of natural resource policy, what is meant by "use"?

The act or practice of employing an object or skill to achieve some benefit

12. How does George Perkins Marsh define the role and relationship between humans and nature? A. Humans are essential to maintaining the harmony of nature B. Humans are a part of Nature, not apart from Nature C. All human action is immoral and evil D. Humans are placed on earth through Manifest Destiny E. Humans are always a disturbing agent that disrupts the harmony of nature

E. Humans are always a disturbing agent that disrupts the harmony of nature

9. What activities are allowed so long as they are "compatible" with this dominant use? A. Hunting and fishing for the general public B. Housing development C. Prescribed fire D. Enhancing habitat for threatened and endangered species E. Recreation, oil & gas development, and grazing

E. Recreation, oil & gas development, and grazing

13. What are the two kinds of "estates" in a split-estate property? A. Oil and gas B. Land and water C. Water and minerals D. Public and private E. Surface and mineral

E. Surface and mineral

The US Fish and Wildlife Service coordinates wildlife protection and management with what other entities?

Endangered species act, Indian tribes, state agencies (Division of Wildlife) and private landowners

How have the courts been used in natural resource policy since the 1970's?

Environmental groups have had success in courts to negate influence of economic groups in other venues i.e. legislature and executive office

True or False: the Supreme Court review thousands of cases a year.

False

True or False: when a district court issues a preliminary injunction, it stops the action after a case has been ruled until the harm has been reversed.

False

What federal land and natural resource agencies do NOT fall under the Department of the Interior?

Forest Service, Natural Resources Conservation Service

What two bodies comprise the U.S. Congress?

House of representatives and the Senate

What are the ways that agencies connect with the legislature?

Interpret Legislative laws and executive orders through written administrative rules and regulations. Also enforce the laws

What were the early American colonists' view of the New World - the land and its people?

It was all wild

What are the three branches of the federal government?

Legislative, Executive, Judicial

In addition to managing the National Forests and Grasslands, what does the U.S. Forest Service conduct research on?

National parks

Agencies are defined as what?

Organizations in the Executive Branch that carry out laws, policies, and programs. Oversight by the Chief Executive thru appointees. Highly specialized with hierarchical organization structure (division of labor from national to field offices). Staffed with trained professionals.

What does "standing refer to?

Plaintiff demonstrates imminent injury or harm and, therefore, has a legitimate claim to sue. This is an interesting concept in natural resources, for many lawsuits are brought by interest groups on the behalf of wildlife or wilderness.

What does Nash mean when he writes, "...civilization created wilderness?"

Preconceived notions made us afraid of it

What does the U.S. Forest Service do that no other federal natural resource agency does?

Private landowner and community assistance, in cooperation with state governments

What is the most common type of lawsuit in natural resources?

Procedural issues: procedural laws are the rules and procedures to enforce rights, duties, and responsibilities. Ex: the "listing" process under the ESA are a set of procedures

What characteristics best describe the U.S. Forest Service?

Protection and mangaemnet of natural resources on National Forest System lands under multiple use principles, including preservation.

Why does Congress pass laws and policies that use broad, ambiguous language?

So conflict is avoided and bills get passed.

What are the main characteristics of legislative committees?

Submission for proposals of bills, research on proposals, hearing on proposed bills, writing and rewriting of bills, negotiations, bargaining, coalition building, oversight of executive branch agencies

Which federal natural resource agencies embody John Muir's philosophy of "preservation?"

The National Park Service

What President officially established more Forest Reserves than any other individual?

Theodore Roosevelt

What are the main purposes of a legislative committee?

They control the agenda, decide which proposals/bills are considered in the first place, how bills are written, who get to participate in writing the bills

Why does the legislature uses the committee structure?

To avoid having a dictatorship. Division of labor, expert

In the context of natural resource policy, what is meant by "allocation"?

To divide into shares, apportion (how a pie is cut up)

True of False: Legislative Committees are the mechanisms by which majority power exerts influence over policy.

True

True or False: the Supreme Court examines whether lower courts correctly applied the law.

True

The Bureau of Land Management was created in 1946 by combining what two agencies?

U.S. Grazing Service merges with General Land Office

Which federal natural resource agencies embody Gifford Pinchot's philosophy of managing resources for "wise use?"

US Forest Service

When the legislature "appropriates," what is it doing?

funds government actions, programs, and services

How is legislative committee membership is determined?

membership of most committees is determined in part by seniority and in part by appointments by the speaker

The legislature's oversight role refers to what?

oversee if and how agencies implement, administer, and enforce laws enacted by the legislature. Quite often, agencies do what is most efficient for themselves, which may not necessarily be what the legislature intended in passing a certain policy. Committees keep agencies honest by conducting oversight hearings, audits, and reporting on issues specific to the committees.

What are some of the key issues facing the Bureau of Land Management?

• →Mining and energy development • Balancing multiple use • Wild horse and burro management • Grazing in semi-arid and arid environments • Managing checkerboard landscape (legacy of old railroad land grants)

In terms of public land management, what is the Bureau of Land Management's primary job?

• →Protection and management of natural resources on public lands under multiple use principles • → Managing subsurface commercial energy and mineral production from public and private land in an environmentally sound and responsible manner

What are the primary roles of the legislature?

→ "Authorization"- pass laws that authorize a certain action, program, or service → "Appropriation"-fund government actions, programs, and services → "Taxation"- raise revenue to fund government actions, programs, and services → "Oversight"- keep an eye on agencies

What are the main sources of law?

→Constitution →Statutes: are laws enacted by legislatures that convey the intent of the majority of the legislature which in turn, reflects the majority of the public →Administrative rules: Agencies must interpret legislative statutes and codify this interpretation into administrative rules →Case law: When a court makes a ruling on a particular case and the ruling stands against appeal, that ruling becomes a part of a large body of court rulings for similar types of cases.

Which are issues that the U.S. Fish and Wildlife Service is currently facing?

→Fierce resistance to Endangered Species Act, esp. private land owners →Backlog of threatened and endangered species needing critical habitat and recovery plans →Reintroduction of predators

What are the primary duties and powers of the courts?

→Judicial review: can overturn legislative statutes and agency rules →Courts rule on FACTS, not VALUES →Levy fines, imprisonment, and monetary damages →Remedies for procedural violations: these remedies are most common involving natural resource agencies →Preliminary injunctions: after preliminary arguments during a court case: halts action during trial →Permanent injunctions: after a case has been ruled on by a court: halts all actions after a trial and condemns those actions as being illegal

"Judicial review" refers to what kind of power?

→Power of courts to decide on constitutionality, statutory interpretations, and enforcement of laws →Able to overturn legislative statutes and agency rules →Important check and balance of other government branches

In terms of public land management, what is the National Park Service's primary job?

→Preservation and recreation, not multiple use →Provide for public enjoyment and visitor experiences

What is the mission of the National Park Service?

→Preservation and recreation, not multiple use →Provide for public enjoyment and visitor experiences →Strengthen and preserve cultural resources →Education and interpretation

The mission of the National Park Service put what two values in conflict?

→Preservation while allowing recreation, not multiple use

Why are the courts so important in natural resource policy?

→They address: • If an agency acts improperly when implementing an environmental law • If an agency improperly threaten the environment when acting • The courts elevates environmental protection vs. economic development