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A balanced federalism : an examination of public lands policy in the United States with Australia [sic] analogies


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Haugstad, BL 1995 , 'A balanced federalism : an examination of public lands policy in the United States with Australia [sic] analogies', Unspecified thesis, University of Tasmania.

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Thesis Summary:
Public land management in the United States is primarily a function of the United States
Federal Government, with roughly ninety-five percent of America's public lands owned by
the American people and intensely managed by America's federal government. Within
Australia this trend is reversed, with Australia's states administering the vast majority of
Australia's non-alienated common lands under noticeably less public, government and
judicial scrutiny than occurs in the United States. The focus of this thesis is to explain why
the United States developed primarily a national approach to public land management,
while Australia's government lands are mainly managed at the state level and to illustrate
the aftermath of these differences.
This thesis will concentrate upon critical historical events, including similarities and
differences in colonial and post-American Revolution land policies, constitutional provision,
modern case law, and notable judicial decisions. Australia's state land policies will be
revealed for strictly comparative purposes to demonstrate the importance of America's
national land policies to public land conservation. Written and/or phone inquiries were
conducted with each of Australia's state/territorial land administrative agencies and the
Australian National Parks and Wildlife Service. Similar inquiries were conducted with
public land administration agencies within the United States, including the National Parks
Service, National Forest Service, Bureau of Land Management, and the Arkansas
Department of Parks. Historical references were obtained from the Tasmania University
Library; Tasmania State Library; Saint Paul [Minnesota], Milwaukee [Wisconsin]. and
Boston [Massachusetts] public libraries; as well as the university libraries of Minnesota,
Wisconsin, Sydney, and Melbourne. Having traveled extensively throughout Australia as
an environmental studies and aboriginal anthropology student at Sydney University in
1985, an extended dedication has been included to demonstrate that Native American and
Native Australian civilizations declined because of land polices that encouraged genocide
and displaced native people from their ancestral lands.
The United States developed a national approach to public land management because of
unanimous, early agreement among America's states; early governing land laws that
solidified the constitutional, national land powers of the United States Congress; prodevelopment
and later pro-conservation land philosophies; and important presidential
initiatives in conservation. The aftermath of a national approach resulted in the United
States Government securing 'true' national lands, while nationalism and romanticism
succeeded in greatly furthering legalized land conservation. These factors may be
illustrated by comparing America's national land policies to Australia's largely state
administered land policies through differences in public land tenure, historic land
policy, land law development, and executive and congressional initative.

Item Type: Thesis - Unspecified
Authors/Creators:Haugstad, BL
Keywords: Land use, Land use
Copyright Holders: The Author
Copyright Information:

Copyright 1995 the Author - The University is continuing to endeavour to trace the copyright
owner(s) and in the meantime this item has been reproduced here in good faith. We
would be pleased to hear from the copyright owner(s).

Additional Information:

Thesis (M.Env.St.)--University of Tasmania, 1997. Includes bibliographical references

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