WAR IN THE WRANGELLS
HOW CAN THE PARK SERVICE THINK THEY CAN GET AWAY WITH BLOCKADING THE ONLY ROAD TO THE PILGRIM FAMILY'S HOME? THE ANILCA* LAW SAYS:
VALID EXISTING RIGHTS
SEC. 1109. Nothing in this title shall be construed to adversely affect any valid existing right of access.
SPECIAL ACCESS AND ACCESS TO INHOLDINGS
SEC. 1110 (b) ...in any case in which...privately owned land...is within...one or more conservation system units...the...private owner...SHALL be given...such rights as may be necessary to assure adequate and feasible access for economic and other purposes to the concerned land by such...private owner.
Such rights shall be subject to REASONABLE regulations issued by the Secretary to protect the natural and other values of such lands.
* ANILCA = Alaska National Interest Lands Conservation Act (12/2/80)
THE PARK SERVICE AND ITS CONFEDERATE ENVIRONMENTAL GROUP ALLIES DISAGREE WITH THIS CONGRESSIONAL ACCESS MANDATE
They can't argue with the meaning of the word SHALL so to avoid actually having to give access the Park Service doesn't regulate according to the dictionary definition of REASONABLE:
1. Capable of reasoning; rational: a reasonable person.
2. Governed by or being in accordance with reason or sound thinking: a reasonable solution to the problem.
3. Being within the bounds of common sense: arrive home at a reasonable hour.
4. Not excessive or extreme; fair: reasonable prices. American Heritage® Dictionary
It applies REASONABLE as if Congress actually wrote EXTREME:
1. Most remote in any direction; outermost or farthest: the extreme edge of
2. Being in or attaining the greatest or highest degree; very intense: extreme pleasure; extreme pain.
3. Extending far beyond the norm: an extreme liberal. See synonyms at excessive.
4. Of the greatest severity; drastic: took extreme measures to conserve fuel.
Possessed with or motivated by excessive, irrational zeal.
THE PILGRIMS ACCESS IS A 100 YEAR OLD MINING ROAD WITH A 10-15 YEAR OLD GROWTH OF ALDER BRUSH ON IT!
So the Park Service idea of
FANATICAL regulation wants the Pilgrims to do an EA or an EIS to use
it! Is it going to be like the Denali Park Spruce Creek access EIS?
Where the cost of the EIS was as much as the road work itself; an example of:
REGULATORY OVERKILL -- Park Service bad faith crushes access permit applicants with impossible and outrageous economic burdens in processing their applications. The Park Service has used factors of 150 to 1300 times the normal requirement that other agencies expect of applicants needing an EIS.
Subject To Reasonable Regulation
Few other more irritable words have been heard in Alaska than the phrase “subject to reasonable regulation.” The phrase is often cited in Federal law. Unfortunately, the experience of ANILCA has demonstrated that “reasonable regulation” often means bureaucratic hoops which never end. It’s how to say “yes” when you really mean “no.” ANILCA promised to preserve access rights for inholders. While Federal agencies sanctimoniously acknowledge individual and State’s rights of access in their management plans, in reality they obstruct any practical use of such access rights.
from: RECARPETING ANILCA: Is it the carpet or the carpet layers that need replacing? By Father J. Michael Hornick, J.C.L. in: ANILCA - J.P. Tangen, editor, D(2), part 2 : a report to the people of Alaska on the land promises in ANILCA : 20 years later. 2000, Alaska Miners Association, Anchorage, Alaska, p 66-74.
Send mail to email@example.com with questions or comments about this web site.
All pages on this website are ©1999-2001, American Land Rights Association. Permission is granted to use any and all information herein, as long as credit is given to ALRA.