Podcasts about anilca

Treasury invests $500m+ in tribal small business programs Episcopal Church returns hundreds of items to Northern Arapaho Tribe Push at AFN to restore ANILCA subsistence rights #TBT: USPS releases Geronimo, Sacajawea, Chief Joseph stamps

Steven Rinella talks with Tyler Freel, Brent Reaves, Brody Henderson, Seth Morris, Chester Floyd, Phil Taylor, and Corinne Schneider.  Topics discussed: Phil kissing; Tyler's Tundra Talk podcast; loud sandhill cranes; bull moose grunting; when Chris McCandless dies in your family's hunting camp bus; the crap people leave on public land; how the walleye cheater is also a deer poacher; cause for reflection on the things you did as a kid that were big no-nos; confessions; paying hunters to harvest bears in Japan; bounty fishing for pike minnow and winning $100,000; explaining "subsistence" hunting and who qualifies; the complexities surrounding land and resource management in Alaska; ANILCA; the Brooks Range; state vs. federal; and more.  Connect with Steve and MeatEater Steve on Instagram and Twitter MeatEater on Instagram, Facebook, Twitter, and Youtube Shop MeatEater MerchSee omnystudio.com/listener for privacy information.

One of the most significant land conservation measures in our nation’s history was an act that protected over 100 million acres of land, doubled the size of the country’s national refuge system, and tripled wilderness areas. It created or expanded nine national parks and preserves, six national monuments, sixteen national wildlife refuges, twenty-five wild and scenic rivers, and two national forests, including our nation’s largest: the Tongass in Southeast Alaska. This legislation also created a compromise between the needs of development and conservation and the competing interests that fought for them. While it was not perfect, it has shaped the history of our public lands and the National Park Service system itself. This week on America’s National Park: the Alaska National Interest Lands Conservation Act, or ANILCA. 

On March 26, 2019, the Supreme Court decided Sturgeon v. Frost, a case considering whether the Alaska National Interest Lands Conservation Act (ANILCA) prohibits the National Park Service from exercising regulatory control over state, native corporation, and private land physically located within the boundaries of the National Park System in Alaska.Congress, through ANILCA, created ten new national parks, monuments, and preserves with 104 million acres of federally owned land. When selecting the boundary lines, Congress chose to use the natural features of the land rather than strictly the federally owned land. The state, private, and Native lands within the boundary lines became in-holdings totaling 18 million acres. To protect the landowners, Congress included Section 103(c) which, in part, states that only federally owned lands within a conservation reserve unit were to be considered a part of the unit and that no state or private land is subject to regulations pertaining to federal land within the unit. Petitioner John Sturgeon, a hunter, had been using a hovercraft to navigate up a portion of the Nation River that runs through the Yukon-Charley Preserve, a conservation unit in Alaska. The National Park Service (NPS) informed Sturgeon of a regulation prohibiting the operation of a hovercraft on navigable waters within the boundaries of any national park regardless of in-holdings. Sturgeon sought an injunction against the National Park Service arguing that the land he was using was owned by the state of Alaska and NPS had no authority to enforce its hovercraft ban there. After an initial round of litigation resulting in remand by the Supreme Court for further consideration, the District Court again ruled against Sturgeon, interpreting Section 103(c) to limit NPS’ authority to impose Alaska-specific regulations on property inholdings--but not its authority to enforce nationwide regulations such as the hovercraft rule. The U.S. Court of Appeals for the Ninth Circuit affirmed, but the Supreme Court again granted certiorari and rejected that interpretation as implausible, directing the Ninth Circuit on remand to consider whether the Nation River qualifies as “public land” (thereby subjecting it to NPS authority)--and if not, whether some other theory afforded NPS regulatory power over the river in question. The Ninth Circuit found that the Nation River did qualify as public land, ruling against Sturgeon yet again. For the third time, the Supreme Court granted certiorari to review that court’s judgment.By a vote of 9-0, the Supreme Court reversed the judgment of the Ninth Circuit and remanded the case. In an opinion delivered by Justice Kagan, the Court unanimously held that Nation River is not public land for purposes of ANILCA--and like all non-public lands and navigable waters within Alaska’s national parks, is exempt under Section 103(c) from NPS’ ordinary regulatory authority.Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.To discuss the case, we have Tony Francois, Senior Attorney, Pacific Legal Foundation.

On March 26, 2019, the Supreme Court decided Sturgeon v. Frost, a case considering whether the Alaska National Interest Lands Conservation Act (ANILCA) prohibits the National Park Service from exercising regulatory control over state, native corporation, and private land physically located within the boundaries of the National Park System in Alaska.Congress, through ANILCA, created ten new national parks, monuments, and preserves with 104 million acres of federally owned land. When selecting the boundary lines, Congress chose to use the natural features of the land rather than strictly the federally owned land. The state, private, and Native lands within the boundary lines became in-holdings totaling 18 million acres. To protect the landowners, Congress included Section 103(c) which, in part, states that only federally owned lands within a conservation reserve unit were to be considered a part of the unit and that no state or private land is subject to regulations pertaining to federal land within the unit. Petitioner John Sturgeon, a hunter, had been using a hovercraft to navigate up a portion of the Nation River that runs through the Yukon-Charley Preserve, a conservation unit in Alaska. The National Park Service (NPS) informed Sturgeon of a regulation prohibiting the operation of a hovercraft on navigable waters within the boundaries of any national park regardless of in-holdings. Sturgeon sought an injunction against the National Park Service arguing that the land he was using was owned by the state of Alaska and NPS had no authority to enforce its hovercraft ban there. After an initial round of litigation resulting in remand by the Supreme Court for further consideration, the District Court again ruled against Sturgeon, interpreting Section 103(c) to limit NPS’ authority to impose Alaska-specific regulations on property inholdings--but not its authority to enforce nationwide regulations such as the hovercraft rule. The U.S. Court of Appeals for the Ninth Circuit affirmed, but the Supreme Court again granted certiorari and rejected that interpretation as implausible, directing the Ninth Circuit on remand to consider whether the Nation River qualifies as “public land” (thereby subjecting it to NPS authority)--and if not, whether some other theory afforded NPS regulatory power over the river in question. The Ninth Circuit found that the Nation River did qualify as public land, ruling against Sturgeon yet again. For the third time, the Supreme Court granted certiorari to review that court’s judgment.By a vote of 9-0, the Supreme Court reversed the judgment of the Ninth Circuit and remanded the case. In an opinion delivered by Justice Kagan, the Court unanimously held that Nation River is not public land for purposes of ANILCA--and like all non-public lands and navigable waters within Alaska’s national parks, is exempt under Section 103(c) from NPS’ ordinary regulatory authority.Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.To discuss the case, we have Tony Francois, Senior Attorney, Pacific Legal Foundation.

The alaska hovercraft case (again).ANILCA doesn’t give the park service authority over navigible waters.

In 1980, Jimmy Carter signed into law the The Alaska National Interest Lands Conservation Act, or ANILCA. That act remains controversial even today, as it set aside 43,585,000 acres of new national parklands in Alaska, including the Gates of the Arctic National Park and Preserve and the Yukon-Charley Rivers National Preserve. Superintendent Greg Dudgeon oversees both and continues to balance the mandate of the Parks’ mission with the needs of Alaskan residents.We’ll talk to Greg about his affection for the land, how Alaska captivated him early on, and the struggles of managing an area the size of Belgium, all entirely above the Arctic Circle.Support us by supporting our sponsors!

On March 22, 2016, the Supreme Court decided Sturgeon v. Frost. Sturgeon challenged a National Park Service (NPS) ban on the operation of hovercraft on the National River, part of which falls within the Yukon-Charley River National Preserve. The State of Alaska then intervened, challenging NPS’s authority to require its researchers to obtain a permit before engaging in studies of chum and sockeye salmon on the Alagnak River, part of which falls within the boundaries of the Katmai National Park and Preserve. Sturgeon and Alaska contended that the Alaska National Interest Lands Conservation Act (ANILCA) precludes NPS from regulating activities on state-owned lands and navigable waters that fall within the boundaries of National Park System units in Alaska. The district court ruled in favor of the federal government, and the U.S. Court of Appeals for the Ninth Circuit affirmed that judgment as to Sturgeon but ordered that Alaska’s case be dismissed for lack of standing. The question before the Supreme Court was whether ANILCA prohibits the National Park Service from exercising regulatory control over state, native corporation, and private Alaska land physically located within the boundaries of the National Park System. -- By a vote of 8-0, the Supreme Court vacated the judgment of the Ninth Circuit and remanded the case. Chief Justice Roberts delivered the opinion for a unanimous Court, rejecting the Ninth Circuit’s reading of ANILCA. Taken as whole, the Court indicated, ANILCA “contemplates the possibility that all the land within the boundaries of conservation system units in Alaska may be treated differently from federally managed preservation areas across the country, and that ‘non-public’ lands within the boundaries of those units may be treated differently from ‘public’ lands within the unit.” -- To discuss the case, we have the Honorable Gale Norton, who served as the 48th U.S. Secretary of the Interior.

On January 20, 2016, the Supreme Court heard oral arguments in Sturgeon v. Frost. Sturgeon challenged a National Park Service (NPS) ban on the operation of hovercraft on the National River, part of which falls within the Yukon-Charley River National Preserve. The State of Alaska then intervened, challenging NPS’s authority to require its researchers to obtain a permit before engaging in studies of chum and sockeye salmon on the Alagnak River, part of which falls within the boundaries of the Katmai National Park and Preserve. Sturgeon and Alaska contended that the Alaska National Interest Lands Conservation Act (ANILCA) precludes NPS from regulating activities on state-owned lands and navigable waters that fall within the boundaries of National Park System units in Alaska. The district court ruled in favor of the federal government, and the Ninth Circuit affirmed that judgment as to Sturgeon but ordered that Alaska’s case be dismissed for lack of standing. -- The question before the Court is whether ANILCA prohibits the National Park Service from exercising regulatory control over state, native corporation, and private Alaska land physically located within the boundaries of the National Park System. -- To discuss the case, we have Gale Norton, who served as the 48th U.S. Secretary of the Interior.