Back to the future in the land of Genghis Khan.If there is one certainty in this last decade of the 20th century, it is uncertainty. Change is the order of the day in the lives of individuals and nations. That is especially so in matters of natural-resource protection and management, given the growing concern about preserving biodiversity and crafting new forms of sustainable forestry. In the United States, however, we seem locked into present conceptions of such fundamental matters as property fights, the public trust doctrine public trust doctrine n. the principle that the government holds title to submerged land under navigable waters in trust for the benefit of the public. Thus, any use or sale of the land under water must be in the public interest. , and land-use planning systems; we creep timidly into the "new world order" only as events elsewhere force us to change. We are masters at incrementalism in·cre·men·tal·ism n. Social or political gradualism. in cre·men , preferring, as I once described it, to rearrange the deck chairs on the Titanic rather than to ask tough questions about the state of our nation and spaceship Earth. A colleague of mine has suggested that the problem is one of perspective. We can see ourselves and our environment only from the perspective of another environment. Travel, for one example, can help us see our own home with new eyes. Likewise, we can understand the present only from the vantage of history, or the future. I suggest, therefore, that we might learn some important lessons if we could somehow escape the present and familiar places. As a kid, one of my favorite books was Mark Twain's A Connecticut Yankee in King Arthur's Court A Connecticut Yankee in King Arthur's Court is an 1889 novel by American humorist and writer Mark Twain. The work is a very early example of time travel in literature, anticipating by six years H. G. . The idea of taking modern ideas and a Colt revolver back to medieval England fascinated me. What fun it must have been to invent all those modern gadgets back in the past. That youthful fantasy was revived for me by the Back-to-the-Future movie trilogy starring Michael J. Fox, especially the third episode when he goes back to the Old West. Last summer I took the trip myself! I spent six weeks in the Republic of Buryaria, the homeland of Genghis Khan and, as many anthropologists believe, the ancient homeland of North American North American named after North America. North American blastomycosis see North American blastomycosis. North American cattle tick see boophilusannulatus. Indians. My time machine was a 10-hour flight on Aeroflot from Moscow to Irkutsk, which was as harrowing as Michael J. Fox's ride on the steam train that pulled his time-car back to the future in the third episode. Little did I imagine that only a few weeks after my return, the Soviet Union would disappear. One of my hosts in Siberia was Oleg Popov, who as deputy minister of forestry is Buryatia's highest-ranking professional forester. Oleg is a bright, affable man about my age (old enough to remember World War II) who loves his job and the land where he lives. Like most foresters in the world, he works and plays hard. He enjoys the fellowship of foresters, good food, and good vodka. We got along famously. The discussions with him and his staff described in this article include a composite of conversations with other officials in Russia. I expect that Oleg would be comfortable with this extension of his remarks and those of his staff. Oleg Popov is the Buryat Republic's equivalent of our chief of the U.S. Forest Service and the directors of the Park Service, Fish and Wildlife Service, and the Bureau of Land Management combined. Popov, and his counterpart in the neighboring Siberian oblast oblast (ō`bläst, ŏ`–, Rus. ô`bləstyə) [Rus.,=region], administrative and territorial division in Russia, Ukraine, Belarus, and the former USSR. (state) of Irkutsk, are responsible for an area of land about the size of the U.S. National Forest System. The approximately 200 million acres are divided into several hundred forestry districts and include national parks and wilderness areas, a United Nations Biosphere biosphere, irregularly shaped envelope of the earth's air, water, and land encompassing the heights and depths at which living things exist. The biosphere is a closed and self-regulating system (see ecology), sustained by grand-scale cycles of energy and of Reserve, and dozens of smaller nature reserves and wildlife refuges (some a century old). This Siberian forest is truly a Land of Many Uses, including extensive timber harvesting and livestock grazing; some of the richest mineral deposits and oil, gas, and coal fields on earth; a growing tourist industry; spectacular wilderness; and the watershed of a legendary lake that holds more water than all of the Great Lakes combined. This world-renowned Lake Baikal region contains thousands of rare and endangered plants and animals Plants and Animals are a Canadian indie-rock band from Montreal, comprised of guitarist-vocalists Warren Spicer and Nic Basque, and drummer-vocalist Matthew Woodley.[1] They are signed to Secret City Records. , most of which occur nowhere else on earth. Oleg Popov's management problems are equally immense. Every year several million acres of his forest burn from human-caused fires, and much of the region is experiencing serious forest decline from air pollution, insects, and disease. There is severe overgrazing overgrazing see overstocking. , widespread game poaching poaching: see cooking. , water pollution from unregulated paper mills and destructive logging and mining practices, and, as he calls them, "wild tourists" starting fires, dumping garbage, and driving off-road vehicles (ORVs) everywhere. (For Russians in Siberia, any motorized mo·tor·ize tr.v. mo·tor·ized, mo·tor·iz·ing, mo·tor·iz·es 1. To equip with a motor. 2. To supply with motor-driven vehicles. 3. To provide with automobiles. vehicles-cars, trucks, minivans--are "ORVs." Most are private or "company" vehicles.) Popov is short of personnel, money, equipment, and just about everything else. He didn't have an increment borer borer, name applied to various animals that are injurious because of their ability to penetrate plant or animal tissues. Among insects, some borers are beetles, e.g. until I gave him mine. His maps are inadequate, and most of the roads in the republic are barely passable pass·a·ble adj. 1. That can be passed, traversed, or crossed; navigable: a passable road. 2. Acceptable for general circulation: passable currency. 3. . A close analog to Oleg Popov's situation would be that of Gifford Pinchot in 1905 when Congress transferred the Forest Reserves to his little Bureau of Forestry, but with one dramatic difference: All of the land in Buryatia is public, and Popov is supposed to manage damn near every acre outside a few cities like Ulan Ude, the capital ! He has the scientific knowledge, technical skill, and commitment to manage the area well, but he doesn't have the barest essentials in terms of personnel, equipment, and money. Until recently he was subject to conflicting orders from Moscow and the local soviet, filtered through a ponderous bureaucracy dominated by the Communist Party. On top of all that, thousands of people live on these "public" lands, grazing "public" livestock and working for the "public" timber industry, which is under the control of a different ministry. The only thing Oleg doesn't have to worry about is a Siberian Sierra Club Sierra Club, national organization in the United States dedicated to the preservation and expansion of the world's parks, wildlife, and wilderness areas. Founded (1892) in California by a group led by the Scottish-American conservationist John Muir, the Sierra Club . But that too may be changing. The Sierra Club's one-time chief, David Brower, was with us during part of the expedition. To what do Oleg Popov and his Siberian forest have to do with a quest for a new perspective on natural-resource management in the United States? As Paul Harvey would say, here's "the rest of the story." Months before my visit, the faraway Republic of Buryaria was feeling the impact of perestroika. From the party leaders in charge to the peasants in the hinterland, the notion of private land ownership was firing imaginations. Long before the central government collapsed last August, orders were coming down to begin the process of privatization. As the literal "czar" of most public land in Buryatia, forester Oleg Popov was entering a new world he never before imagined. During my brief visit, Oleg and his staff bombarded me with questions as to how we manage public and private land in the United States. David Brower and other environmentalists had already devised new protective measures for the Lake Baikal watershed and were advocating substantial enlargement of the national park system and establishment of a new preservation-oriented agency to administer the parks. The park and wilderness ideas were not new to Popov and his colleagues. The Russian czars had established such reserves on Lake Baikal even before the creation of Yellowstone. But carving more park preserves out of his "national forest" and creating a new agency to administer them is no more popular with him than it was with Gilford Pinchot. But now Popov is facing an even greater challenge and threat. To put it in our context, the Sagebrush Rebels are winning the day. Yeltsin ordered an acceleration of the privatization process. The effect on Popov and his staff has been to force them to ask questions which they had not imagined a few years ago. They were being pushed to move rapidly from the status quo [Latin, The existing state of things at any given date.] Status quo ante bellum means the state of things before the war. The status quo to be preserved by a preliminary injunction is the last actual, peaceable, uncontested status which preceded the pending controversy. of the present into an uncertain future and to discard overnight the tenets and assumptions of the past several centuries. I'm sure it is both scary and exhilarating. It surely freed them up to ask questions that no one would have dared ask before glasnost glasnost (gläs`nōst), Soviet cultural and social policy of the late 1980s. Following his ascension to the leadership of the USSR in 1985, Mikhail Gorbachev began to promote a policy of openness in public discussions about current and , The questions ranged from the practical to the philosophical. How do you survey land, mark boundaries, and transfer ownership? What's a warranty deed An instrument that transfers real property from one person to another and in which the grantor promises that title is good and clear of any claims. A deed is a written instrument that transfers the title of property from one person to another. ? Where and how should it be recorded? Feeling like Mark Twain's Connecticut Yankee, I invented lawyers, surveyors, county and town clerks, acid-free deed record books, and survey systems. They laughed at our Jeffersonian township grid survey system, which ignored the natural landscape, and much preferred the older, landscape-sensitive New England metes and bounds The boundary lines of land, with their terminal points and angles. A way of describing land by listing the compass directions and distances of the boundaries. It is often used in connection with the Government Survey System. survey method. The more penetrating questions dealt with values and rights. How do Americans assign value to land? How do we value old-growth forests and the watershed functions of land? Prime softs? Rare plants and animals? Historic places? Scenery? Clean water and air? I explained markets and invented appraisers and realestate agents. I didn't get very far with discount rates and why we consider well-managed land to be worth less in the future than it is at present. I refused to invent economists ! The questions got tougher. "When a person owns private property, what do they really own?" they asked. Do they have the right to sell the land, subdivide TO SUBDIVIDE. To divide a part of a thing which has already been divided. For example, when a person dies leaving children, and grandchildren, the children of one of his own who is dead, his property is divided into as many shares as he had children, including the deceased, and the share it into smaller parcels, change the use, prevent others from walking or hunting on it? Can they borrow money on it? Can they rent it? Can their children inherit it? After struggling to explain the almost unlimited rights of American fee-simple ownership, I realized how much I had forgotten about the evolution of land ownership and tenure There are a great variety of modes of land ownership and tenure:
axiomatic, self-evident obvious - easily perceived by the senses or grasped by the mind; "obvious errors" the deep roots of English common law. I truly perplexed my Siberian colleagues. If, they asked, you grant all these fights to private owners, how do you protect the interests of society and future generations? How do you prevent the owner from injuring the wider community because of poor management? Is it permissible for an owner to use land in a way that causes problems like we now have with fire, erosion, overgrazing, pollution, and inappropriate logging and development? I tried hard to explain that private ownership should give people pride in their land so that they treat it with respect. My listeners' skepticism at that notion forced me to invent a court system, laws of equity, doctrines of nuisance and trespass, zoning and land-use planning, clean water and air acts, forest-practice and pesticide-control laws. To my surprise, I even invented the Cooperative Extension Service Cooperative Extension Service, in the United States, publicly supported, informal adult education and development organization. Established in 1914 by the Smith-Lever Act, it constitutes one of the largest adult education programs in the world and consists of three and the Soil Conservation Service. At that point I had to explain how a property-tax system is necessary to pay for all this government intervention into the wonderful free-market system. I explained why the state should retain eminent-domain powers in case some of the new private land is needed later for public purposes, and how in the United States such takings require compensation for the owner. Finally, just to be safe, I suggested that they keep large areas in public ownership in case the planning, regulatory, and cooperative incentive systems I had "invented" didn't control all the evils of private property fights. That led to a discussion of English common law, the public-trust doctrine, and management of public land for multiple use and sustained yield, modified by the RPA RPA Remote Patron Authentication RPA Rural Payments Agency (UK Department of Environment, Food and Rural Affairs) RPA Replication Protein A RPA RNAse Protection Assay RPA Regional Plan Association RPA Random-Phase Approximation , NFMA NFMA National Forest Management Act of 1976 NFMA National Federation of Municipal Analysts NFMA Neighborhood Farmers Market Alliance (Seattle, WA) NFMA Northumberland Farmers' Markets Association (UK) , ESA 1. (architecture) ESA - Enterprise Systems Architecture. 2. (body) ESA - European Space Agency. , FLPMA FLPMA Federal Land Policy and Management Act of 1976 , and NEPA. At that point we seemed to be back on familiar ground--only the initials and acronyms of their laws and ours seem to differ. Thoughts turned to caviar and vodka, and we adjourned. I don't know Don't know (DK, DKed) "Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party. what Oleg Popov and his colleagues will decide about how to implement a system of private property in Russia, but they certainly asked all the right questions-ones we need to re-ask back here in the future. Ironically, they have an advantage over us in that this is the first time they have faced the prospect of a mixed public/private system. For thousands of years, under the czars, the Orthodox Church, and communist dictators, they knew only serfdom serfdom In medieval Europe, condition of a tenant farmer who was bound to a hereditary plot of land and to the will of his landlord. Serfs differed from slaves in that slaves could be bought and sold without reference to land, whereas serfs changed lords only when the land in a warped feudal system of land tenure. The glorious promises of the communist Soviet Union proved to be a 70-year political and economic cul-de-sac. In that purely commodity-based system, land, air, and water resources were ravaged rav·age v. rav·aged, rav·ag·ing, rav·ages v.tr. 1. To bring heavy destruction on; devastate: A tornado ravaged the town. 2. . But now officials can begin with a clean slate, at least in a legal, socio-economic sense if not in terms of the condition of the natural environment. My fear is that they will not learn from our mistakes. In their reaction to the excesses of our fee-simple property-rights system and our clumsy attempts to protect the public interest through police power, economic intervention, and public land reservations, I expect they will opt for a model that again resembles feudalism feudalism (fy `dəlĭzəm), form of political and social organization typical of Western Europe from the dissolution of Charlemagne's empire to the rise of the absolute monarchies. . Rather than devising a fresh, new model of public/private cooperation that builds on the obvious virtues of a strong private-property system, I expect they will adopt some form of leases by which land holders have limited rights to use, convey, and exclude land as they see fit. The system will likely retain the worst bureaucratic and inflexible features of the old soviet centralized system. Residual public lands may fare better than in the past as some decentralization de·cen·tral·ize v. de·cen·tral·ized, de·cen·tral·iz·ing, de·cen·tral·iz·es v.tr. 1. To distribute the administrative functions or powers of (a central authority) among several local authorities. and consolidation of old commodity-based ministries takes place. Only time will tell. It will surely be an experiment worth watching carefully. Back here in the future, I wonder if we will have the courage to ask the right questions as we also are forced to forge new land-use and resource-management systems which are truly sustainable and environmentally sound. I wonder. |
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`dəlĭzəm)
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