Course Form I. Summary of Proposed Changes Dept / Program Prefix and Course # Forestry Course Title Natural Resource Policy and Admistration Short Title (max. 26 characters incl. spaces) Summarize the change(s) proposed Nat Res Policy & Admin To give graduate students an option of taking FOR/RSCN 422, currently a UG course, as either FOR/RSCN 422 (as undergraduate credit) or FOR/RSCN 522 (for graduate credit, with increment). II. Endorsement/Approvals Complete the form and obtain signatures before submitting to Faculty Senate Office Please type / print name Signature Requestor: Martin Nie Phone/ email : 243-6795 Program Chair/Director: Michael Patterson Other affected programs Dean: G FOR 522 Date Perry Brown Are other departments/programs affected by this Please obtain signature(s) from the modification because of Chair/Director of any such department/ (a) required courses incl. prerequisites or corequisites, program (above) before submission (b) perceived overlap in content areas (c) cross-listing of coursework III: To Add a New Course Syllabus and assessment information is required (paste syllabus into section V or attach). Course should have internal coherence and clear focus. Common Course Numbering Review (Department Chair Must Initial): YES NO Does an equivalent course exist elsewhere in the MUS? Check all relevant disciplines if X course is interdisciplinary. (http://mus.edu/transfer/CCN/ccn_default.asp) If YES: Do the proposed abbreviation, number, title and credits align with existing course(s)? Please indicate equivalent course/campus. If NO: Course may be unique, but is subject to common course review. Be sure to include learning outcomes on syllabus or paste below. The course number may be changed at the system level. Exact entry to appear in the next catalog (Specify course abbreviation, level, number, title, credits, repeatability (if applicable), frequency of offering, prerequisites, and a brief description.) FOR 522 Natural Resources Policy and Administration. 3r. offered autumn and spring. Policy formation in the United States and a survey of the major resource policies interpreted in their historical and political contexts. Justification: How does the course fit with the existing curriculum? Why is it needed? This course will be co-convening with FOR 422. We would like to provide graduate students with the option of taking the courses for undergraduate or graduate credit. There is a graduate student increment and these students have different course requirements. Are there curricular adjustments to accommodate teaching this course? No Complete for UG courses. (UG courses should be assigned a 400 number). Describe graduate increment (http://umt.edu/facultysenate/committees/grad_council/procedures/gradIncrement.aspx) New fees and changes to existing fees are only approved once each biennium by the Board of Regents. The coordination of fee submission is administered by Administration and Finance. Fees may be requested only for courses meeting specific conditions according to Policy 940.12.1 http://mus.edu/borpol/bor900/940-12-1.pdf . Please indicate whether this course will be considered for a fee. If YES, what is the proposed amount of the fee? Justification: IV. To Delete or Change an Existing Course – check X all that apply Deletion Title Course Number Change From: Level U, UG, G To: Description Change Change in Credits From: To: Prerequisites 1. Current course information at it appears in catalog (http://www.umt.edu/catalog) YES NO X From: To: Repeatability Cross Listing (primary program initiates form) Is there a fee associated with the course? 2. Full and exact entry (as proposed) 3. If cross-listed course: secondary program & course number 4. Is this a course with MUS Common Course Numbering? http://mus.edu/transfer/CCN/ccn_default.asp If yes, please explain below whether this change will eliminate the course’s common course status. YES NO 5. Graduate increment if level of course is changed to UG. Have you reviewed the graduate Reference guidelines at: increment guidelines? Please check (X) space provided. http://umt.edu/facultysenate/committees /grad_council/procedures/gradIncrement.aspx (syllabus required in section V) 6. Other programs affected by the change 7. Justification for proposed change V. Syllabus/Assessment Information Required for new courses and course change from U to UG. Paste syllabus in field below or attach and send digital copy with form. See attached VI Department Summary (Required if several forms are submitted) In a separate document list course number, title, and proposed change for all proposals. VII Copies and Electronic Submission. After approval, submit original, one copy, summary of proposals and electronic file to the Faculty Senate Office, UH 221, camie.foos@mso.umt.edu. Revised 9-2010 University of Montana College of Forestry & Conservation _____________________________________________________________________________________ Natural Resource Policy & Administration Forestry 422/ Forestry 522, 3 credits, TR 9:40—11:00, FOR #206 _____________________________________________________________________________________ Prof. Martin Nie Office hours: 11:30—1:00 TR & by 402 Clapp Bldg appointment only. Telephone: 243-6795 about: http://www.forestry.umt.edu/personnel/faculty/mnie/ _____________________________________________________________________________________ Course Description: This course examines public land and resources policy, law and administration from multiple perspectives. It covers environmental and administrative decision making and various contemporary resource management problems and conflicts. A number of substantive policy areas are examined including national forests, public rangelands, water, wildlife and biodiversity, and protected areas, among others. These substantive areas are approached and analyzed in a number of different ways. Required Reading: (1) James Rasband, James Salzman, and Mark Squillace, Natural Resources Law and Policy (New York: Foundation Press, 2004). 1277pp. *This textbook also has a website with access to statutes, cases, agencies, current events, and links to recommended readings: http://www.naturalresources.byu.edu (2) Lecture notes: my lecture notes are available at the bookstore. They are required and students will not be able to follow class sessions without them. *We will also discuss a number of contemporary issues in natural resource politics. An excellent way to stay up-todate is provided by the Center for the Rocky Mountain West’s Headwaters News online at www.headwatersnews.org; High Country News online at www.hcn.org; and Land Letter online at http://www.eenews.net/ll/ Course Objectives: This course is designed to provide students with the following: (1) Reading, Writing and Critical Thinking Skills: This is a reading and writing-intensive class that asks students to think critically about a number of different issues. This course has been designated as an upper-division writing class. (2) Information and Knowledge: Students will acquire a fundamental understanding of the basic history, concepts and issues surrounding natural resource politics and policy. (3) Conceptual and Analytical Skills: Students will also better understand the various approaches to such policies and issues, e.g., values, government, science, markets. (4) The Student as Citizen & the Natural Resource Professional as Reflective Practitioner: Students should leave this course with a better understanding of natural resource politics and policy from a citizen and professional perspective. (5) Broadening Debate: The classroom philosophy is one of “multiple advocacy,” an orderly and systematic review of several competing ideas and viewpoints. Student Responsibilities & Grading: Class Participation: My classes are proactive and conversational in nature. Thus, all students must not only have read the reading assignment prior to class, but must be ready to discuss the readings on a regular basis. I am seeking input from the entire class, not just from a few committed students. Thus, students need to know when to speak up and when to stay quiet. If discussion is poor, unannounced pop-quizzes may be given. Therefore, it is in the collective interest of the class to participate. Any student who misses class for any reason will be held responsible for all materials covered and all announcements made during his/her absence. Don’t ask me for missed handouts or about material that was covered unless you have a validated excuse. Chronic tardiness is rude. Please turn off your cell phones before entering class. Respect: Given the amount of discussion expected in this course, showing respect for others is paramount and is taken very seriously. We will strive towards an engaging but respectful open forum in which numerous opinions can be discussed and explored. Personal attacks will not be tolerated. Undergraduate Exam I (100pts) & Final (100pts): Both exams are in-class and will consist of short answer and/or essay. I will provide possible test questions at least one week in advance. The final exam is scheduled for finals week on Thursday, May 8th @ 10:10—12:10. Undergraduate Writing Assignments (2 x 50pts = 100pts) There are three writing assignments for this class due at various points in the semester (two papers and one re-write). Due dates are announced in class, so it is important to be there. Each paper must be 4-6 pages in length (12 point font, double-spaced, with one inch margins). One of these papers, of your choosing, must be re-written and resubmitted after its initial editing and grading. It will then be re-graded, with the higher grade being entered into your final score. If we don’t receive your re-written paper, the initial grade will stand with a 5 point penalty (i.e., 5 pts will be deducted from the draft paper). The list of possible questions for you to answer is found in the class reading schedule. You are to answer a question #1 and a question #2. Note that you have a few options depending on what you find most interesting and relevant. All of the research and reading necessary to answer these questions is found in our textbook. The assignments are designed to have you read, write and think critically on a regular basis. Each paper will be graded by our teaching assistant, so it is important to meet with him/her if you are doing poorly with these assignments. Late papers will be penalized one full letter grade for each day that they are late. It is also recommended that students use our University’s Writing Center located at 102 Social Sciences Building, and online at http://www.umt.edu/writingcenter/ Phone # is 243.2266. Paper Grading Criteria (complete list of grading criteria is found in the lecture notes): Papers will be generally graded on the basis of: (1) Writing and style (including clarity, level of articulation, and grammar), (2) Level of critical analysis, specificity, and detail, (3) Use, synthesis and integration of course text and discussions. I am also looking for formal citation (whatever style you prefer, e.g., parenthetical reference, footnote, endnote, legal, etc., just make sure you are consistent throughout, citing author, title and all publication information). You will be partially graded on the basis of how successfully you incorporate class readings into your answers, so appropriate citations are therefore critical. Here are a few examples of how to cite from our text: Rasband et al. (2004: p. 36) contends that scarcity is a major factor in natural resources conflict. Scarcity is a major factor in natural resources conflict (Rasband et al., 2004: p. 36) Natural resources policy is still dominated by the “lords of yesterday” (Wilkinson, 1992 cited in Rasband, 2004: p. 78) Graduate Student Assignments Graduate students are to write one major paper (no more than 13 pages in length) and three shorter papers (roughly 4-5 pages in length) (12 font, double-spaced, with 1 inch margins). Mandatory Policy Analysis Paper (100pts) (no more than 13 pages in length) *Before proceeding with this assignment, please share with me a brief outline of your paper to ensure that it is prepared correctly. Please choose an area of natural resources policy most relevant to your scholarly and/or professional interests. Analyze this area of policy (i.e., applicable law(s), regulations, case law, etc.). and be sure to address at least four of the following topics in your analysis. statutory language (e.g., prescription, ambiguity, etc.) & administrative discretion the NEPA/resources planning process policy implementation budgets/appropriations collaboration/public participation the role of science role of interest groups most enduring and/or recent conflicts and controversies the role of the judiciary and most significant case law intersection with other environmental laws Others? (if you have another idea, please see me first) What is your assessment of this area of policy? What works? What doesn’t work? If necessary, how do you suggest this area of policy be reformed? Please be as specific as possible. You must be able to logically defend your positions in light of all of the evidence, information and viewpoints considered this semester. Please don’t hand in a mishmash of personal unsubstantiated opinion. Passing answers will be well-written and extensively use course resources. Incorporate as much course reading (required and recommended if necessary) as possible. Due no later than Thursday May 1st. Secondary Questions (50pts each x 3 = 150pts) : Please answer three of the questions listed below and hand them in at your convenience this semester, but I must receive all of them by Thursday May 1st (please note that handing them all in at this late in the semester is a big risk, as it will be too late for any useful feedback). Each paper should be 4-5 pages in length, 12 font, double-spaced, with 1 inch margins. Please answer one of the following four questions: 1A) Generally speaking, what must federal natural resource agencies do before they make a significant decision? Provide an overview of this decision-making process and the politics it generates (i.e., administrative rulemaking, resource planning, NEPA, etc.) 1B) What is “administrative rulemaking” and what role does it play in natural resources policy and management? How does the process work? Please provide a case(s) or example(s) for illustration. Be sure to discuss the following in your answer: statutory language, the APA, public participation, and judicial review in your answer. 1C) What is the purpose of NEPA? How is it designed to work? What are its major provisions and essential elements? Based on the text and our class discussions, how would you evaluate NEPA’s impact on natural resources management? How could the Act and/or its implementation be improved in your opinion? 1D) In a nutshell, briefly explain the Constitutional basis of federal power over natural resource management and some limitations on federal and state power over natural resource management. and one of the following seven questions: 2A) In a nutshell, describe the basic provisions and parameters of the 1872 Hardrock Mining Law. How does history help us understand this controversial law? Why has this law been so difficult to change in your opinion? What, if anything, would you change about this law and/or its implementation? 2B) Your supervisor at work is new to the West and wants to know more about the state of water in the region. In a memo-like letter written to her, clearly describe and explain the basics of Western water law and the politics and conflict surrounding water management in the West. Please be sure to discuss the following in your answer: who owns water, prior appropriation (as contrasted to the riparian doctrine), reserved water rights (federal and Indian), permits, federal environmental regulations, and water markets/instream flow provisions. 2C) What are the most important laws governing BLM-managed Western rangelands? What are their essential ideas, mandates, processes, and interconnections? What is your position on rangeland reform? Please use as much of the text and lecture notes as possible to substantiate your position. 2D) What is your position on rangeland reform? Please use as much of the text and lecture notes as possible to substantiate your position. 2E) What are some of the major issues, conflicts, and controversies that have characterized federal forest management? Briefly explain their basis and/or resolution. What are the essential ideas, mandates, and processes found in federal forest law? In your opinion, should these laws be revisited and/or rewritten? 2F) Please provide a concise and useful overview of the forest or rangeland planning process. What is the point and purpose of planning? What do plans do? Please be sure to discuss FLPMA or NFMA in your answer. What role have the courts played in the planning process? What, if anything would you do to change the planning process? 2G) Does the Congressional mandate for “multiple use, sustained yield” management of our national forests need to be changed? Please be sure to discuss the Forest Service Organic Act, MUSYA, and NFMA in your answer. and one of the following eight questions: 3A) What is your preferred way to protect wildlife and biodiversity in the United States? Please be sure to discuss the Endangered Species Act in your answer? 3B) What should be done about the Endangered Species Act in your opinion? What are your thoughts about some of the reform measures discussed in lecture and the text (e.g., habitat conservation plans, no surprises, safe harbor agreements, etc.)? 3C) Why is the ESA sometimes controversial? What role does science play in the ESA and its implementation? What should be done about the ESA in your opinion (be as specific and detailed as possible here)? 3D) How could national park policy and management be improved in your opinion? Please be sure to discuss the 1916 Organic Act and the issue of snowmobiles in Yellowstone in your answer. 3E) What is the appropriate use of the Antiquities Act in your opinion? Are the “Clinton Monuments” necessary, legitimate, and democratic in your opinion? 3F) Should more land in Montana be protected? As federally designated wilderness or something else? If so, how should this be done? Please be sure to discuss the 1964 Wilderness Act in your answer. 3G) How are National Parks and National Wildlife Refuges managed in contrast to multiple use lands administered by the USFS and BLM? Do you believe that more land should be taken out of multiple use management in the future and placed in the National Park, Refuge, and/or federal Wilderness systems in the future? Why or why not? Please be as specific and detailed as possible and substantiate your claims. 3H) Describe and analyze some of the central issues and conflicts surrounding federal wilderness designation and management. Should more federal land be placed in the federal wilderness system in the future? Why or why not? *See above and lecture notes for paper grading criteria Academic Honesty: All students must practice academic honesty. Academic misconduct is subject to an academic penalty by the course instructor and/or a disciplinary sanction by the University. All students need to be familiar with the Student Conduct Code. The Code is available for review online at www.umt.edu/SA/VPSA/index.cfm?page?1321. Grading Scale: The following scale will be used to translate points into grades. 93-100: A 90-92: A88-89: B+ 83-87: B 80-82: B78-79: C+ 73-77: C 70-72: C68-69: D+ 63-67: D 60-62: D59F Undergraduate Points Graduate points Exam I: 100pts 2 papers x 50 pts each: 100pts Final exam: 100pts Total possible pts: 300pts 3 papers x 50pts each: 150pts Major paper: 100pts Total possible pts: 250pts COURSE READINGS & CLASS SCHEDULE This syllabus is very tentative and may regularly change. Bring this schedule to each class session for regular updates and additional or subtracted readings. All readings are to be done before class. Given time constraints, some areas may have to be sacrificed, and individual reading will have to take its place. Students must be willing to read and be responsible for text material that may not be covered in class. Dates have been left open in order to increase flexibility and allow for maximum class participation and discussion. This type of open schedule, however, requires that students come to class to find out where we are and where we’re going. I will inform students before upcoming sections of what readings they should pay particular attention. Reading the Text: I’m sure you have noticed the density of our text for this semester. I have chosen it because of its integrated and comprehensive approach to public land and resources policy, law and administration. Previous surveys of this course also informed me that a majority of students wanted a comprehensive and detailed text that they could keep and use as a future resource and reference. Please don’t be intimidated by this book: we will work our way through it and I will tell you exactly what you are to read and understand. In general though, it’s a good idea to read the selected sections while skipping the extended question sections and case law sections, as this will make the reading much lighter. Those students really interested in the subject matter can of course read all of it and then some. You are also not expected to memorize the cases, nor understand the intricacies of the American legal system. Again, I will tell you what you need to know and why it is important. I’ve also placed on e-reserve a few tutorials on how to read legal cases, see “An Introduction to Legal Research and Citation,” and “Understanding Legal Citations.” TOPICS & READINGS Thinking About Natural Resources Policy Forces shaping natural resources policy Introduction to public policy Political conflict and natural resources policy READ BY: Reading: Chapter 1 focusing on: I. (B) Why Should We Protect or Use Natural Resources, pp. 11-24. II. Why Are Natural Resources Difficult to Manage, pp. 35-56 Case Study: The Arctic National Wildlife Refuge, pp. 66-67 Natural Resource Policy Implementation Constitutional context of natural resource policy The federal natural resource agencies Organizational values, behavior and change Role of interest groups Statutory language and implementation problems Environmental/Administrative decision making (including a discussion of rulemaking and NEPA) Reading: Chapter 3 focusing on: I. The Federal Natural Resource Agencies, pp. 207-216. II. Improving Agency Decision-making, pp. 220-227 II (B). The Role of Nongovernmental Organizations, pp. 233-240, 251-253 III. Improving Agencies’ Environmental Decision-making (NEPA and resource planning), pp. 253-263, 271-273, 283-294. (Recommended reading: Chapter 2 (IV) Federal Power Over Natural Resource Management, pp. 144-204) Question #1 Options: *What is “administrative rulemaking” and what role does it play in natural resources policy and management? How does the process work? Please provide a case(s) or example(s) for illustration. Be sure to discuss the following in your answer: statutory language, the APA, public participation, and judicial review in your answer. *What is the purpose of NEPA? How is it designed to work? What are its major provisions and essential elements? Based on the text and our class discussions, how would you evaluate NEPA’s impact on natural resources management? How could the Act and/or its implementation be improved in your opinion? *In a nutshell, briefly explain the Constitutional basis of federal power over natural resource management and some limitations on federal and state power over natural resource management. Political Actors, Interest Groups and Natural Resource Politics Theories and models from political science (including group theory, elite theory, and public choice theory) The role of power in natural resource politics Reading: Review Chapter 3 focusing on: II (B). The Role of Nongovernmental Organizations, pp. 233-240, 251-253 and Chapter 1, II (G), Institutional Adequacy (and public choice theory), pp. 58-62. The Lords of Yesterday: A Brief History of American Natural Resources Law Importance of historical context and the Western frontier Examples: Mining policy and R.S. 2477 Problems and challenges posed by the “New West” Reading: The history of Western land use and settlement is treated in another class of mine and will not receive much attention here, but students that are interested may wish to review chapter 2 of our text. But please be sure to read parts of Chapter 8 focusing on: I. An Introduction to Mining, pp. 980-984 III. Mining on the Public Lands, pp. 1033-1041 V. Environmental Regulation of Mining, pp. 1121-1136 and Chapter 6, VIII(B) Rights of Way, pp. 676-682. Western Water Policy As lord of yesterday Basics of water law Prior appropriation doctrine Challenges to this lord of yesterday Dealing with water scarcity and conflict in the future Reading: Chapter 7 focusing on: II. Understanding the Water Resource, pp. 703-727. III. The Law of Water Allocation, pp. 727-794. IV. Water Federalism, pp. 794-802. Public Rangeland Policy Scope and history The ranching “policy regime” TGA, FLPMA & PRIA The public lands ranching policy debate Reading: Chapter 8 focusing on: II. Home on the Range, pp. 880-896 IV. Environmental Law Comes to the Range...Slowly, pp. 915-921, 937-938 V. Rangeland Reform, pp. 940-969 Question #1 Options: *In a nutshell, describe the basic provisions and parameters of the 1872 Hardrock Mining Law. How does history help us understand this controversial law? Why has this law been so difficult to change in your opinion? What, if anything, would you change about this law and/or its implementation? *Your supervisor at work is new to the West and wants to know more about the state of water in the region. In a memo-like letter written to her, clearly describe and explain the basics of Western water law and the politics and conflict surrounding water management in the West. Please be sure to discuss the following in your answer: who owns water, prior appropriation (as contrasted to the riparian doctrine), reserved water rights (federal and Indian), permits, federal environmental regulations, and water markets/instream flow provisions. *What are the most important laws governing BLM-managed Western rangelands? What are their essential ideas, mandates, processes, and interconnections? What is your position on rangeland reform? Please use as much of the text and lecture notes as possible to substantiate your position. PAPER #1 DUE: _______________ MIDTERM: _______________ Forest Policy Forest policy history/regimes Organic Act, MUSYA, NFMA Planning politics The roadless rule Reading: Chapter 10—please read all of this chapter, with question and case law sections optional (but please do read West Virginia Div. of Izaak Walton League of America, Inc. v. Butz (1975) on pp.1182-1186. Please also review planning discussion on pp. 283-294. Question #2 Options: *What are some of the major issues, conflicts, and controversies that have characterized federal forest management? Briefly explain their basis and/or resolution. What are the essential ideas, mandates, and processes found in federal forest law? In your opinion, should these laws be revisited and/or rewritten? *Please provide a concise and useful overview of the forest or rangeland planning process. What is the point and purpose of planning? What do plans do? Please be sure to discuss FLPMA or NFMA in your answer. What role have the courts played in the planning process? What, if anything would you do to change the planning process? Collaborative Conservation and National Forest Politics Reading: Chapter 1 focusing on: Case Study: The Quincy Library Group, pp. 56-58. and Chapter 8 focusing on V(D). Collaboration, Consensus, and Local Control, pp. 943-944 Wildlife and Biodiversity Policy The Endangered Species Act State wildlife management Wolf policy and management case study Reading: Chapter 4 focusing on: I. Life on Earth, pp. 310-328 II. Managing the Wildlife Commons, pp. 328-332 III. The Endangered Species Act, pp. 339-425 Question #2 Options: *In a nutshell, how is the ESA designed to protect wildlife and biodiversity in the United States? What are some of its most important provisions? What is your preferred way to protect wildlife and biodiversity in the United States? *Why is the ESA sometimes controversial? What role does science play in the ESA and its implementation? What should be done about the ESA in your opinion (be as specific and detailed as possible here)? Protected Lands Policy Reading: Chapter 6 focusing on: I. Introduction, pp. 553-558 II. The Case for Preservation, pp. 558-572 National Parks, Monuments and Wildlife Refuges 1916 Organic Act & NPS interpretations Park enabling statutes/establishment legislation 1997 National Wildlife Refuge System Improvement Act Dominant and multiple use management regimes Reading: Chapter 6 focusing on: III. National Parks, pp. 574-593 IV. National Monuments, pp. 593-609 VI. National Wildlife Refuges, pp. 641-644 Wilderness Policy Wilderness history The 1964 Wilderness Act The wilderness critique Next steps for wilderness preservation/conservation Reading: Chapter 6 focusing on: V. Wilderness, pp. 609-641 VI(B). Wild and Scenic Rivers, pp. 644-645 IX. Alternatives to Public Lands Preservation, pp. 690-700 Question #2 Options: *What is the appropriate use of the Antiquities Act in your opinion? Are the “Clinton Monuments” necessary, legitimate, and democratic in your opinion? *How are National Parks and National Wildlife Refuges managed in contrast to multiple use lands administered by the USFS and BLM? Do you believe that more land should be taken out of multiple use management in the future and placed in the National Park, Refuge, and/or federal Wilderness systems in the future? Why or why not? *Describe and analyze some of the central issues and conflicts surrounding federal wilderness designation and management. Should more federal land be placed in the federal wilderness system in the future? Why or why not? Semester Review and Discussion Review and analysis Options and alternatives in public lands and resources policy FINAL EXAM: Thursday, May 8th @ 10:10—12:10. NOTES