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A Geographical Text

A Geographical Text (A)ny landscape is an artifact - an object made by man. Its condition, rightly seen, reveals a society's culture as directly as does a novel or a newspaper or a Fourth of July oration because today's environment, the "natural part" included, is synthetic

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A Geographical Text

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  1. A Geographical Text • (A)ny landscape is an artifact - an object made by man. Its condition, rightly seen, reveals a society's culture as directly as does a novel or a newspaper or a Fourth of July oration because today's environment, the "natural part" included, is synthetic • Our human landscape is our unwitting autobiography, reflecting our tastes, or aspirations, and even our fears, in tangible, visible form.... All our cultural warts and blemishes are there, and our glories too; but above all, our ordinary day-to-day qualities are exhibited for anybody who wants to find them and knows how to look for them

  2. Personal Approach Legal - focused on how governments influence land ownership and use

  3. Personal Philosophy - Muddling Through

  4. Land Ownership in Minnesota • Land Area 51.2 million acres • Water Area 2.6 million acres

  5. Timber Production U S Forest Service Minnesota DNR Division of Forestry St. Louis County Land Department Timber Investment Management Organizations

  6. How should we produce wetlands? • Wetlands (EPA) • National Wetlands Inventory (US Fish and Wildlife Service) • Wetlands Regulation Center (Environmental Technical Services Co.) • Wetlands (Minnesota DNR) • Wetlands (Minnesota Statutes) • Wetland Conservation (Board of Water and Soil Resources)

  7. Some Comparisons

  8. Federal Lands

  9. State Lands

  10. Public Lands – Local Governments • Dakota County Parks • Minneapolis Park and Recreation Board • Metropolitan Council - Parks

  11. Voyageurs National Park • 219,000 acres on the US border • 80,000 acres of water • 36th national park • Created January 8 1971 • Land Ownership in the Proposed Park • Federal Land 25,808 acres • Private Land 78,786 • State Land 34,445 • Trust Fund Land 24,807 • Tax Forfeited Land 6,144 • Acquired Land 5,415

  12. Public Law 91-661 (84 Stat. 1970) • Secretary of the Interior authorized to publish notice in the Federal Register when he “deems sufficient interests in the land and waters have been acquired” to appropriately administer the area as a park • Could not establish the park or expend $26 million appropriated until Minnesota had donated 34,000 acres of state-owned land with the park boundaries • Secretary Rogers B. Morton announced the park established April 8, 1975 (40 FR 15921) • National Park Service Site • Voyageurs National Park Association • Snowmobile Restrictions in Voyageurs NP • The Political Geography of National Parks (Pacific History Review 2004)

  13. Minnesota Laws 1971 c.852Minnesota Statutes c.84B • Consented to the federal government acquiring land for a national park but retained concurrent jurisdiction over the lands • Removed land from the Kabetogama State Forest • Authorized the Governor to convey title to the federal government • Trust fund lands • Tax-forfeited lands • Acquired lands • 1971-1975 the state described, appraised, and financed the conveyances

  14. State Imposed Encumbrances to Federal Title • Reversionary clause if the park not established within 5 years • Restriction on the use of the land • Reservation of mineral and water power right • Covenant not to exercise those rights • Subject to interests of individuals with state licenses, permits, and leases

  15. Voyageurs National Park • October 1975 US Forest Service transferred control of 25, 290 acres to National Park Service

  16. Jurisdiction • Minnesota Statutes 84B.061 (Laws 1995 c.124) • Minnesota Statutes 1.045  (Laws 1995 c.124)

  17. Boundary Waters Canoe Area Wilderness • Approximately 1.09 million acres within the Superior National Forest • Established and management dictated by • The Wilderness Act of 1964 • The Boundary Waters Canoe Area Wilderness Act of 1978 • State Owned Surface 122,247 • Trust Fund 93,260 • Tax Forfeit 10,513 • Purchase etc 18,450

  18. Jurisdiction • Article 1 Section 8 Jurisdiction clause of the federal constitution • The Congress shall have Power to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings

  19. Jurisdiction • Article IV Section 3 Property clause of the federal constitution • The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State

  20. Jurisdiction • Minnesota Statutes 1.042 (Laws 1943 c 343) • Subdivision 1. The consent of the State of Minnesota is given … to the acquisition by the United States in any manner of any land or right or interest in land in this state required for sites for customs houses, courthouses, hospitals, sanitariums, post offices, prisons, reformatories, jails, forestry depots, supply houses, or offices, aviation fields or stations, radio stations, military or naval camps, bases, stations, arsenals, depots, terminals, cantonments, storage places, target ranges, or any other military or naval purpose of the United States • Subdivision 3. Conditions and reservations. The right of the state to cause its civil and criminal process to be executed in any ceded land or place is reserved to the state.  The state also reserves the right to impose the following taxes ....

  21. Minnesota Jurisdiction on Lands • Minnesota Statutes 1.041 (Laws 1943 c 343) • Except as otherwise expressly provided, the jurisdiction of the United States over any land or other property in this state owned for national purposes is concurrent with and subject to the jurisdiction and right of the state to cause its civil and criminal process to be executed there, to punish offenses against its laws committed there, and to protect, regulate, control, and dispose of any property of the state there

  22. Minnesota Cession of Jurisdiction • Minnesota Statutes 1.045 (Laws 1943 c 343) • Consent of the State of Minnesota is given to the acquisition by the United States in any manner authorized by act of Congress of lands lying within the original boundaries of the Chippewa National Forest and the Superior National Forest for any purpose incident to the development or maintenance of those forests, subject to concurrent jurisdiction of the state and the United States as defined in section 1.041

  23. The Range of Federal Lands • Minneapolis Federal Courthouse • Fort Snelling National Cemetery • The Federal Reserve Bank of Minneapolis • General Services Administration Real Estate Services

  24. Federal lands comprise two groups • A. Lands the federal government has always owned - lands that were never sold or granted to individuals, corporations, or states • B. Lands that the federal government reacquired after having conveyed them to individuals, corporations, or states • acquired voluntarily - purchases, exchanges, donations • acquired involuntarily - through condemnation, confiscation, bankruptcy proceedings

  25. Federal Forest Lands • US Forest Service • Superior National Forest • Chippewa National Forest

  26. National Forests – Acquisitions • Public Domain • Acquired

  27. Public-Private Mix of Landownership

  28. National Park Service in Minnesota • 16 US Code National Parks, Military Parks, Monuments and Seashores • Voyageurs National Park Legislation • Voyageurs National Park • Wild and Scenic Rivers Legislation • St Croix National Scenic Riverway • St Croix (Lower) River • Mississippi National River & Recreation Area • Park Histories

  29. St Croix Wild & Scenic River • Upper St Croix authorized in Wild & Scenic Rivers Act of 1968 (16 USC 1271 et seq) • The Lower St. Croix River added in 1972 • National Park Service Site • Time and the River: A History of the St. Croix (Karamansky, 2002) • Endangered? The Scenic St. Croix • St Croix River Crossing (Minnesota DoT)

  30. US Fish & Wildlife Service in Minnesota • National Wildlife Refuge Legislation • Minnesota Valley National Wildlife Refuge • Upper Mississippi Fish & Wildlife Refuge • Legislation

  31. Minnesota Valley NWR • Minnesota Valley National Wildlife Refuge Protection Act of 1999 • Impact of Airport Expansion on the Minnesota Valley NWR Congressional Hearings)

  32. State-Owned Lands

  33. Definition • Minnesota Statutes 93.01 Trespass on public lands. Anyone cutting timber on lands owned by the state or held in trust by the state for the counties …. (1925) • Minnesota Statutes 92.01 Lands granted to the state by acts of Congress (1941) • Minnesota Statutes 82.047 The commissioner of the DNR “shall have charge and control of all the public lands, parks, timber, waters, minerals, and wild animals of the state ….” (1943)

  34. Minnesota Statutes 92.70 Trespassing on Public Lands (1989) • "Public land" means publicly owned land or interests in land including • land owned by the state, counties, or road authorities • land administered by the commissioner of natural resources • land owned by the state as beds of navigable waters • conservation easements with benefits running to the state, a county, or the public under the conservation reserve program, water bank program, or other state or county programs

  35. Introduction – the dynamic of state-owned lands • The lands owned by the state are not accidents of history • They reflect the decisions that Minnesotans have made to produce particular goods and to provide particular services • from public lands rather than from privately-owned lands • from lands owned by the state government rather than lands owned by the federal government

  36. The Nature of State-owned Lands • The state has acquired parcels of land • At different times • In different ways • For different purposes • The state has used land for different purposes • At different times • In different ways • In answer to questions about what goods the state should be producing from lands the state owns

  37. State Land Departments • Minnesota Department of Natural Resources • Texas General Land Office • New Mexico State Land Office • California State Lands Commission • Wisconsin Board of Commissioners of Public Lands • Idaho Department of Lands • Florida Department of Environmental Protection Division of State Lands • Wyoming Office of State Lands & Investment • New York Bureau of State Land Management

  38. Current Management • State Park 66 1891 • State Forest 58 1900 • Wildlife Management Area 1,330 1928 • Water Access Site 1,550 1947 • Canoe & Boating Route 24 1963 • Scientific & Natural Area 130 1969 • Trails 1,000 miles 1969 • Wild & Scenic River 1969 • Aquatic Management Area 1975 • State Recreation Area 4 • State Wayside 9 • Also 800,000 acres outside any management unit • Severed mineral estate ca 1 million acres

  39. Minnesota's natural resource dependent industries and their importance to Minnesota's economy (2000)

  40. State Parks (1891)

  41. State Forests (1900)

  42. State Forests

  43. State Wildlife Management Areas (1928)

  44. State Wildlife Management Areas

  45. State Wildlife Management Areas

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