Guide to Writing a Programmatic Resource Management Plan/ Environmental Impact Statement for the Bureau of Land Management

This guide is written for Booz Allen Hamilton (BAH) employees assigned to the Public Lands team who may have some National Environmental Policy Act (NEPA) knowledge, possibly have experience with writing Environmental Impact Statements (EIS), and with little or no experience writing programmatic EIS documents. The guide contains information encompassing the preparation of a complete Resource Management Plan/Environmental Impact Statement (RMP/EIS) for the Bureau of Land Management. The RMP/EIS is a programmatic NEPA document which has many differences and nuances distinct from a typical project type EIS. This guide provides the information necessary for a BAH Public Lands team member to understand the project process and the RMP/EIS document to successfully maneuver through the entire project from beginning to end.

Land Reform in South Africa in Light of Emerging Urbanization, Industrialization, and Globalization Trends

Black South Africans experienced centuries of mistreatment and land dispossessions, leaving their population in dire poverty and dependence. The 1994 democratization of South Africa birthed a three-fold land reform program dedicated to land restitution, land redistribution, and tenure reform. The first decade of implementation left government goals unmet. The relevance of land reform is examined given modern-day urbanization, industrialization, and globalization. This paper affirms land reform is still relevant socially and is therefore relevant politically and economically. Improvements to program implementation are suggested in the following areas: implementing agency support; rural representation; information management; land market stimulation; beneficiary support; and agrarian reform. Land reform limitations are discussed, and industrialization is briefly explored as the more likely solution to poverty issues.

Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs)

The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, OPCEs can serve more complicated and strategic purposes. The ability of OPCEs to serve important roles in protecting land in the context of uncertainty would be significantly increased if state legislatures amend current conservation easement statutes to (1) specifically recognize OPCEs, (2) immunize OPCEs from a range of potential common law challenges, (3) guarantee the durability and transferability of OPCEs, and (4) integrate OPCEs into the burgeoning body of conservation easement law. These statutory amendments would do for OPCEs what conservation easement statutes have done for conservation easements: transform them into an essential multi-purpose tool for conservation in a changing world.

An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law

The idea of a conservation easement – restrictions on the development and use of land designed to protect the land’s conservation or historic values – can be relatively easily understood. More significant and more challenging is the complex body of state and federal laws that shapes the creation, funding, tax treatment, enforcement, modification, and termination of conservation easements. The explosion in the number of conservation easements over the past four decades has made them one of the most popular land protection mechanisms in the United States. The National Conservation Easement Database estimates that the total number of acres encumbered by conservation easements exceeds 40 million.Because conservation easements are both novel and ubiquitous, understanding how they actual work is essential for practicing lawyers, policymakers, land trust professionals, and students of conservation. This article provides a “quick tour” through some of the most important aspects of the developing mosaic of conservation easement law. It gives the reader a sense of the complex inter-jurisdictional dynamics that shape conservation transactions and disputes about conservation easements. Professors of property law, environmental law, tax law, and environmental studies who wish to cover conservation easements in the context of a more general course can use the article to provide their students with a broad but comprehensive overview of the relevant legal and policy issues.

Conceptual Decolonization of Space: Worldview and Language in Anishinaabe Akiing

This dissertation examines the role of worldview and language in the cultural framework of American Indian people. In it I develop a theory of worldview which can be defined as an interrelated set of logics that orients a culture to space (land), time, the rest of life, and provides a prescription for understanding that life. Considering the strong links between language and worldview, it is methodologically necessary to focus on a particular language and culture to decolonize concepts of and relationships to land. In particular, this dissertation focuses on an Anishinaabe worldview as consisting of four components, which are; (1) an intimate relationship to a localized space; (2) a cyclical understanding of time; (3) living in a web of relatedness with all life, and (4) understanding the world around us in terms of balance. The methodological approach draws from Anishinaabemowin, the traditional Anishinaabe language, as a starting place for negotiating a linguistic-conceptual analysis of these logics to decolonize the understandings of land, time, relatedness and balance. This dissertation helps to demonstrate that the religious language as codified in the 1st Amendment to the United States Constitution as religious freedom is unable to carry the meaning of the fundamental relationships to land that are embedded in Anishinaabemowin and culture. I compare the above Anishinaabe worldview to that of the eurowestern culture in America, which is; (1) the domination of space; (2) a linear progression of time; (3) a hierarchical organization of life; and (4) understanding the world as a Manichean battle of good versus evil. This dissertation seeks to decolonize American Indian translational methodologies and undermine the assumptions of eurowestern cultural universality.