national park service

Trump's National Park Service Eyes 'Special Regulations' on Free Speech and Assembly Near Key DC Locations

The National Park Service, under the control of the Trump administration, has proposed a set of "special regulations" concerning areas around the United States capital. These new rules would make it difficult, if not impossible, to protest near the White House and several other key area

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Private Developers Cash in on Delaware's Only National Park

In an elaborate bait-and-switch maneuver, a "not for profit" organization controlling 800 acres of wildlife refuge surrounding Delaware's only national park reneged on its original conservation mission by selling a large tract to for-profit developers, one of whom sits on one of the organization's board of directors.

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GOP Lawmakers Want to Kill America's Single Largest Conservation Funding Source

In 1965, Congress forged a compact that has guided American offshore drilling policy for half a century. Through what is known as a conservation royalty, U.S. law requires that a portion of oil and gas companies’ revenues from drilling in the federally owned Outer Continental Shelf be invested in parks, open space, trails, and historic preservation projects across the country.

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Koch-backed Group Calls for End of National Parks

The National Park system is broke, argues Reed Watson, the executive director at the Koch-backed Property and Environment Research Center (PERC) in an op-ed, so the only thing to do about it is stop creating national parks. Because, of course, actually funding them is out of the question.
"True conservation is taking care of the land and water you already have, not insatiably acquiring more and hoping it manages itself," the op-ed reads. "Let's maintain what we've already got, so we can protect it properly," it concludes.
Of course "hoping it manages itself" was never the aim of Congress in creating national parks, which is why they also created the National Park Service to manage them. The fact that the Service is horribly underfunded and has a huge backlog of projects is because a Republican-dominated Congress has starved it. That's part of the whole destroying government in order to prove that government doesn't work agenda. But in terms of the parks, it's part of the Kochs' real agenda:
While the authors seem to push for "true conservation" from the federal government, in reality, PERC has a long history of advocating for the privatization of America's national parks and other public lands, and has significant ties to the Koch brothers and fossil fuel industries. […]

In addition to arguing for no new national parks, PERC's op-ed also calls for an end to one of America's best parks programs, the Land and Water Conservation Fund (LWCF). LWCF is a budget-neutral program that uses funds from offshore oil and gas development fees to fund federal, state and local outdoor projects across the country. The program has been used to support some of America's most iconic national parks, including the Grand Canyon and Yellowstone, and has helped create tens of thousands of outdoor projects such as local parks and baseball diamonds in all 50 states. […]

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Shhh...Here's a Map of America's Quietest Places

Do you need some quiet time? In a world that is undergoing rapid urbanization, finding real quiet, away from the rattle of subways and hum of highways, is getting more difficult by the day.

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8 Facts About Dr. Martin Luther King Jr. That Will Surprise You

One could make the case that the Reverend Dr. Martin Luther King Jr. was the most significant American of the 20th century. He is only the third American whose birthday is commemorated as a federal holiday, a distinction not even granted Ben Franklin, Thomas Jefferson, or FDR. Although King is one of U.S. history's most widely chronicled individuals, there are aspects of his life that are less well-known than the pivotal speeches, the campaigns against Jim Crow city halls from Montgomery in 1955 to Memphis in 1968, and the dalliances that for some, tainted his personal life. King was as complex a figure as exists in our social narrative. He was a man conflicted by his commitment to a movement into which he was drafted against his better judgement and by the overwhelming demands to fulfill the role of human rights spokesperson. He was a husband and father who belonged to a people and a revolution, and the nation's most prominent advocate of nonviolence at a time when violence burned on urban streets, college campuses and in Southeast Asia.

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How Our National Parks Are Meeting Modern Challenges

Jon Jarvis, Director of the National Park Service, had a childhood seemingly tailor-made for a career in public lands conservation. His family’s farm in Virginia’s Shenandoah Valley backed up to the Washington National Forest, and as a boy the woods were his playground. He was an avid angler and hunter, and by the time he was 12 had climbed every mountain he could see from his house. “I grew up in the outdoors,” he says.

These days we hear a lot about “nature deficit disorder.” What is the Parks Service doing to ensure that we’ve got a new generation of wilderness enthusiasts?

Well, in many ways, that is the intent of our [upcoming 2016] centennial celebrations. We need to build the next generation of stewards. We need to connect at a deep level with this next generation. When I say “this next generation,” I’m talking on the one hand about the Millennials – sort of the 18- to 25-year-olds – but also the K to 12 folks. The National Parks and the public lands at large out there have a strong base of support, but that base has a couple of characteristics that are concerning. One is that they’re older and not very diverse. And this has been in the news a lot lately. And so we have actually structured our centennial around building relevancy into this next generation. Specifically, to answer your question, particularly with young folks there is this potential disconnect. We see it. But we also see that it doesn’t matter – socioeconomic status or ethnicity or whatever. If you get them into these environments, there’s something that clicks. A light comes on. There’s a power of these places. The trouble is, a lot of kids don’t get there. So one of the National Park Foundation’s major philanthropic programs is what’s called, “A Ticket to Ride.” That’s all about providing transportation for kids to get to parks. And then we built up our education curriculum around the parks, whether it’s the geology of the Grand Canyon or the history of the Civil Rights Movement, that relates directly to these places so that the teachers can utilize that when they come on their field trips. I think the other aspect of this is the role that urban parks currently and will in the future play in creating these threshold experiences with wild spaces.

You mean a place like Crissy Field in San Francisco or the San Gabriel Mountains in Los Angeles?

Absolutely, absolutely. Now, that may not be wilderness in the purest sense of terms, but it is enough of a contrast to the highly urbanized environment that you can have a wild experience for sure. And that in some ways whets the appetite for this next generation to come and experience, you know, truly wild places. In some ways it may be too much of a contrast for some kids to go from Downtown LA to Death Valley. We’ve actually seen that. We’ve had a couple of experiences where we brought kids from Los Angeles for an experience at Death Valley and they won’t get out of the van. They’ve never seen pure dark. They’ve never heard complete quiet. And the environment is so unfamiliar that they have no experience or knowledge base as to what’s out there. That could feel threatening to someone.

So urban parks are going to play a really, really important role, particularly if they are well constructed and designed like we’ve done in Golden Gate and like Crissy Field. You can get a taste of the experience.

I agree that the gateway experience of the nearby nature is hugely important. I happened to be at Muir Woods National Monument this past weekend, and it’s a wonderful place. But it’s sort of like “nature Disneyland.” Could you talk about the difference between the experience of a Muir Woods and, say, the deep backcountry of a North Cascades National Park?

I think that one is: You go to Muir Woods, and it’s pretty hard to find quiet. Even though we’ve constructed a certain section of the trail there where you’re supposed to be quiet, there’s always somebody talking. But if you go into the Fisher Basin of North Cascades or McAlester Pass and you’re in there for a little longer time, like a couple of days, I think that all of the detritus of a modern living sort of begins to melt away. And I think part of it is time. You begin to sort of really appreciate the quiet and the ebb and flow of the day – sunrise, sunset.

I tell my wife: We only recently came inside. [Laughs] We’ve been outside for a long time as a species, right? And our sensory perceptions were built around being outside. It’s just that we kind of turn them off. And so when you get back outside … We do this things with kids where we get them into an environment like that, and we actually get them to shush, and we say, “just listen.” And they realize that it’s not really quiet. There’s a lot going on out there. Birds are singing. There’s a breeze blowing through the trees. You hear water. There is a lot of sound if you tune your ear to it. It’s just different than the cacophony you hear in an urban space.

So I think that being in wild spaces gives you that opportunity to experience it over a longer spell. Frankly, my view is – I certainly know this about myself – I need that on a periodic basis in order to cleanse the noise from the day-to-day city life.

A lot of folks have written about the restorative experience of wilderness. Is there some sort of ethos that you think people kind of gain from spending time in wild spaces?

Well, we know that these kinds of opportunities not only allow you to appreciate those kind of spaces, but it’s also an opportunity discover things about yourself. To give you time to reflect, to contemplate your place in nature, if not in the world and the universe. I mean, it is a powerful reminder of who we are. And, you know, if you sit there long enough, you can begin to realize that you have some relationship to all of this, you’re not a foreign body in it, and that you have some responsibility for it, too. We should give ourselves credit that somehow the innate understanding of the importance of these places resulted in the political will to protect them. We have to remember that.

I mean, they were there before we decided to draw a circle around them – but we did do that. The Wilderness Act and the multiple [wilderness] designations that have occurred since then were somehow a manifestation of that feeling that is generated in those places. When we set them aside, it was an act of altruism. We did it for everybody. Which is very, very powerful. So, I think it does touch something pretty deep in us. Again, regardless of our upbringing. I don’t think wilderness is just something for the elite. I think it’s something for everybody.

You’ve said that for most Americans wilderness is an idea more than an actual experience. Only a sliver of a minority of Americans are going to get into the backcountry. Yet people still benefit from just knowing that it’s there. Why?

Well, I think that there are lots of things that American citizens have established for the benefit of the people that they may never personally, experience themselves – you know, equal rights or civil rights. A comprehensive system of justice – they may never participate in it, but they sure are glad it’s there. I think wilderness, to me, falls into that category. I think wilderness taps into something very deep in the American psyche, as well. Americans want to be proud of something that this nation symbolizes for the rest of the world – the Constitution or the Declaration of Independence are part of that. But also the natural heritage that this country had, and we had the opportunity to preserve it. So, in many ways, the establishment of the Mariposa Grove in Yosemite by Abraham Lincoln during the Civil War – that was a place he had never seen and probably would never get to see. And he did that during a period when he was pretty busy. And then onto Yellowstone; those two can argue about which was “first.” The Wilderness Act was just the next manifestation of that. If you look at land designations in progression from National Parks to National Wildlife Refuges and Wilderness Areas – all those areas are in some sort of aggregate way saving something that makes Americans feel good about who we are, about us as a country. You know, these are our cathedrals.

I want to ask you about some of the new contemporary threats to these cathedrals. Last year, the National Parks Conservation Association put out a report detailing how the new oil and gas rush is threatening many of our parks and monuments. I’m wondering what the Park Service is doing in cooperation with other federal agencies to ensure that we’re not compromising the character of the parks and the monuments?

There’s an old adage that “only the losses are permanent.” Every time we win a fight about protection, we just pretty much have to fight it over again. So the protection of these places is a constant battle. We have a lot of successes that you don’t read about, and then we don’t always win either. Certainly the rapid growth in fracking in the Bakken Fields [of North Dakota] and others are hammering the air quality and view-shed and in some cases even threatening the water systems of some of our national parks. We are every day actively engaged in working with other agencies around energy development and transmission lines. And not just traditional energy, but renewables as well. I mean, they don’t get a free ride, either, in terms of what they require: Transmission lines, they require large landscapes. But what I would say is that we have the analytical tools today that we didn’t have in the past to look at landscapes.

I want to make a key point here: Yes, we’ve set aside wilderness areas and yes, we’ve set aside national parks. But this concept of them as a static piece of ground – we are realizing that that is not long-term sustainable, and that really the key to long-term conservation is connectivity. Connectivity for migratory species, connectivity for waterways, for transition of species that are going to be driven by climate change, all of that.  So we have that analytical ability now. I think that the Bureau of Land Management – which is sort of the principal developer of energy resources on the public land estate – is applying those principals. We have the desert renewable-energy planning going on in the California desert. So, if we are going to do development, where is the best place to do it that minimizes or completely eliminates or – if necessary, mitigates – its impact on our protected areas? I would say we have the tools, we are applying them. I wouldn’t say we are completely there yet, but we are definitely making that kind of effort.

You mentioned climate change. What are your thoughts on how to manage the new stresses of climate change – the threats to species like the pika or the pines – without wanting to micromanage? How do you balance the competing goals of wanting to preserve some species but also wanting to maintain the character of wild places?

You’ve seen our “Revisiting Leopold” report? That was our first attempt to articulate a new management paradigm for these National Parks where we know that we are going into a period of unpredicted change. I have a very strong team that’s working on our climate change adaptation strategy. There’re four components to our climate approach here. One is monitoring parks. We have a very robust monitoring program around indicator species and climate change. Parks can be a very, very important canary in the coalmine for larger landscapes in terms of the changes we are seeing. The second is our own carbon footprint. We know we aren’t going to solve climate change by going carbon neutral, but we need to clean up our own house, and we are doing that in terms of design and facility and fleet and all those kinds of things. The third leg of the stool is really adaptation and that is: OK, if we know climate change is coming, sea level rise, species will migrate, what are we doing to adapt to that change? And there’s a whole range of things. Everything from restoring habitats that can then be re-inhabited as species are driven [from their current habitats], creating duplications in the system.  You know, we sort of used to say, “As long as we’ve got one of it, that’s good enough.” Well, I think we’re recognizing now that we need duplication not in just the parks system, but beyond protected areas. When you talk about ocean rise, you say, “what’s uphill,” right? What’s going to be the next sea-grass bed? What’s going to be the next salt marsh? So building green infrastructure and resiliency in our coastlines is going to be incredibly important. And then the fourth leg of that stool is education. You know, the Parks Service is a respected educator of the public. When people come to parks they want to learn something, and we’re quite open and willing and are training our employees to be able to talk about climate change.

Now, at some point we are going to be challenged with issues like assisted migration. You know, we’ve got Isle Royale [Michigan] right now with a very, very small population of wolves. I have an old buddy who is a biologist who’s said, “Hey, Jon, when are you ready to put the sprinkler system on the giant sequoias?” [Laughs] Because, the giant sequoias are not going to migrate, right? Nor are Joshua trees. I mean Joshua trees will, but pretty slowly. So if you’ve got a climate that’s driving these iconic species out of their present environment, we need the analytical tools to predict what’s the next place that giant sequoias might persist for 3,000 to 5,000 years. Is that in the Southern Cascades? I don’t know that yet. But, we’re going to have to face those kinds of issues.

One other question about contemporary challenges: Our friends north of the border, at Parks Canada, recently announced that they are going to be expanding wi-fi service within their parks. And it led to some hand wringing: Does this mean that people are not going to be enjoying wild places because they are going to be too busy online? What are the National Park Service’s thoughts about connectivity and how much to offer, or notoffer, in the parks?

[Laughs] This is such an interesting issue. I’ve talked about this issue dozens and dozens of times. If I get an audience of typical Parks Service officials and I say, “What about technology?” they’re like, “Ohhhh, make them leave those devices at home. We don’t need that.” And I go, “Oh, so you’re still hiking in wool and wearing a wicker pack, huh? You’re not using any technology, right?” We’ve sort of picked on one piece of technology in this debate – the one that connects us to the rest of the world. And yet we’re using carbon fiber pack frames and Gore-Tex and high-tech stoves and solar whatevers. We’ve completely adopted that – that’s fine – in spite of the fact that it gives us the ability to travel wider and farther. But we’ve picked on this one technology. And then the second piece is – it’s no substitute. I read a review from some guy who watched Gravity on his iPhone, and he said it wasn’t that good. [Laughs] It’s like: I’m sorry, but looking at a picture of the Grand Canyon on your iPhone is not exactly the same as standing on its rim. So it’s not a substitute. But it is a potential teaser. It is a potential threshold.  It is a potential opportunity. And also it’s an opportunity for someone who is experiencing it to share it within a broader social network. And so I’m actually supportive of [more connectivity.] Now I’m not saying that we need to put up cell towers so that when you’re in the Fisher Basin of the North Cascades you can get connectivity. That’s all going to get solved soon anyways with satellite uplinks. So we don’t need to worry about that. But I do think within the visitors’ centers, within the hotels, within the front country, the high-visitor-use areas, there should be connectivity. One, it’s a powerful tool for us to provide communications to this next generation who, by the way, are going to bring their devices with them. They’re not going to leave them behind, and they’re going to expect that they can stay connected. And I think that’s OK. I don’t view it as competition. I view it as a potential to expand the experience.

I was on a BioBlitz at Golden Gate [National Recreation Area] just a couple months ago. We were out doing moths surveys in the evening and there were a bunch of fourth graders out along with some crotchety old entomologists who were helping us identify species. These kids, they were photographing moths with their iPhones and uploading it to iNaturalist and getting it crowd-sourced identified as we were standing there. A few years ago, Dan Janzen [biologist and former head of the US Fish and Wildlife Service] told me we are not far away from being able to slide a leaf in a slot on the side of our iPhone and being able to pull the DNA. I think technology could deepen the experience.

One more comment on this: If you look at a photograph of a park ranger talking to a group of kids, you see their eyes fixating on whatever that ranger is saying. And the ranger, let’s say, is holding a box turtle and talking about turtle biology. If you took that picture ten years ago, all the kids are just enraptured. You take that picture today, and every one of those kids is taking a picture of that turtle with their iPhone. They’re all holding their phones and sharing that story across their social network. And they’re posting it to Instagram or Facebook or whatever. That expands our ability to reach this next generation. Because somewhere out there, one of those kids that got that picture is going to say, “I want to do that in person. I want to have that experience.”

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8 Surprising Things You Didn't Know About Dr. Martin Luther King Jr.

One could make the case that the Reverend Dr. Martin Luther King Jr. was the most significant American of the 20th century. He is only the third American whose birthday is commemorated as a federal holiday, a distinction not even granted Ben Franklin, Thomas Jefferson, or FDR. 44 years after his death. Although King is one of U.S. history's most widely chronicled individuals, there are aspects of his life that are less well-known than the pivotal speeches, the campaigns against Jim Crow city halls from Montgomery in 1955 to Memphis in 1968, and the dalliances that for some, tainted his personal life. King was as complex a figure as exists in our social narrative. He was a man conflicted by his commitment to a movement into which he was drafted against his better judgement and by the overwhelming demands to fulfill the role of human rights spokesperson. He was a husband and father who belonged to a people and a revolution, and the nation's most prominent advocate of nonviolence at a time when violence burned on urban streets, college campuses and in Southeast Asia.

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National Mall Redesign Could Seriously Restrict Free Speech

The National Park Service (NPS) is planning to redesign the heavily trafficked National Mall -- the sprawling open area between the Lincoln Memorial and the Capitol that has become America's iconographic site of popular protest. It is where Martin Luther King Jr. delivered his immortal "I Have a Dream" speech, where protests against everything from the Vietnam War and Iraq War have been launched, where locals and visitors alike lunch, jog and sightsee, and, in 2007, where Al Gore kicked off one of Live Earth's concerts.

In short, it is the premier destination for Americans from all walks of life to gather, relax, orate and bask in their collective freedoms.

But that might be coming to an end, as some organizations see it. Critics of the redesign including the ANSWER Coalition, Impeach Bush, Partnership for Civil Justice and more are complaining that the National Park Service's proposed redesign, still in its formative phase, is a subtle attempt to restrict that time-honored ability to congregate and complain.

For their part, they're suspicious of the National Park Service's recent partnership with the private foundation Trust for the National Mall to secure funding for the redesign, and they're not too happy about how current NPS Director Mary Bomar and the one she replaced, Fran P. Mainella, have connections to a Bush administration that is not exactly enthusiastic about either protest or the public trust.

And it isn't much of a stretch to figure out what the National Park Service thinks of that theory. "That is a complete red herring," explained William Line, communications officer for the National Park Service for the last six years and one-time journalist for ABC and NBC News. "It is completely and wrongly mischaracterizing what is going on to say that the national park service is limiting speech. The national park service reveres the First Amendment as much as any other American, and any statement by whatever groups to the contrary is patently false. I think they are interested in stirring up controversy."

Line and the National Park Service he serves, for their part, claim to harbor no such sinister plans. NPS, which was created in 1916 by Congress through the National Park Service Organic Act to "promote and regulate the use of the federal areas known as national parks, monuments and reservations," is currently considering four alternatives, including "doing nothing at all." In fact, according to Line, only one proposal suggests moving protests or gatherings be moved to a specially sanctioned area.

"The typical place where the marches and demonstrations take place is the eastern end," he added. "One alternative explores the possibility of an area on the eastern end, referred to as the Capitol reflecting pool, be made into a park service area."

But Partnership for Civil Justice has an alternative explanation. as one would expect in a battle this pitched. It is a conflict that promises to become more heated in coming weeks. The redesign's public comment period expired on Feb. 15, and plans have been turned over to everyone from cultural and environmental resource specialists to Bomar, who makes the final decision and, as Line reminds me, "serves at the pleasure of the president."

"They have issued proposals," countered Partnership for Civil Justice co-founder and attorney Mara Verheyden-Hilliard, "which include restrictions on protest activities, including the erection of stages because they might temporarily block the pristine view between the Washington Monument and the Capitol; mandatory 'rest' periods for the grass where the Mall would be off-limits; and, most significantly, the creation of a space where protesters would be expected and likely directed to gather near the Capitol. This is to be a stage-managed view of protests to turn the powerful opposition of the people coming together in mass assembly into a prettified outdoor lobbying group."

That's quite a laundry list of complaints, although Line is quick to point out -- again and again to the point that it became a numbing mantra during my various phone conversations with him -- that "nothing has been adopted, finalized or set in stone."

Further, he argued, the creation of the protest-approved space Verheyden-Hilliard mentions is, "in essence, in the same area," Line continued: "The suggestion is that we pave over the reflecting pool, which was built in the mid 1970s. And the assumption that the National Park Service wouldn't allow spillover onto different areas of the eastern end of the Mall is false."

But a national park is an expansive area. More importantly, it is a public area, and that means allowing the public to use it without reasonable restriction, if one is following the letter of the law as far as the National Park Service Organic Act is concerned. But while the National Park Service's official site chooses to highlight the Act's "fundamental purpose" -- "to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment for the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations" -- it glosses over the fact that the Act also dictates that the secretary of the interior can do everything from open up the parks to loggers to kill whatever animal it desires to "conserve the scenery or the natural or historic objects in any such park, monument, or reservation." That's a lot of latitude, and a lot of power over the public, should the secretary of the interior choose to use it.

And he has, in this case. In November 2007, current Secretary Dirk Kempthorne, a man who holds the record for protecting fewer species in his tenure than any secretary of the interior in American history, staged a press conference to officially launch the Trust for the National Mall with National Park Service Deputy Director Lindi Harvey, National Mall and Memorial Parks Superintendent Peggy O'Dell and Trust Chairman Chip Akridge. The purpose of the partnership, as Line's February 2007 media advisory explained, was to help raise private-sector funds needed to revitalize 'America's Front Yard,'" as the Mall is called, for the purpose of conservation.

Further, the advisory explained, the "Mall was included in the initial list of certified eligible projects of President Bush's National Park Centennial Initiative, which calls for $1 billion over 10 years to strengthen basic park operations and a challenge from President Bush to create a public-private funding vehicle of up to $2 billion for new projects and programs with the goal of a $100 million public-private match each year for 10 years." The trust, in other words, was created with the express approval of both the president and his secretary of the interior. Yet the trust's board of directors, who were included as attendees on the press release, were not named and have yet to be publicly divulged, at the time of this writing, on the trust's official site.

When I asked Line why this information was not included, he gave me what could only be described as a nonchalant answer. "There is not a requirement that the board of directors has to be established in order for the National Park Service to secure funding," he explained. "The reason why the board of directors isn't listed is because it isn't assembled yet. In any case, the money is given to the trust with a clear understanding that it will go to beautification of the National Mall."

When I asked where I could view a document stating as much, including an equally clear definition of what "beautification" entails, Line told me that he didn't have it in front of him and that it was not viewable on the site. When I told him that such nondisclosures, for whatever reasons, could be viewed by opponents of the redesign as a deliberate suppression of relevant information and details, he was nonplussed.

"It's an oversight," he added. "There is absolutely no intentional or malicious withholding of information." Unfortunately, he's not going to have such an easy time convincing redesign skeptics of that. Starting with Verheyden-Hilliard, and ending with every group worried that the Bush administration, which has set the bar impossibly high for presidencies refusing to disclose information in the public interest, has set its sights on further free-speech restrictions as its last term comes to a close. And when it does, unless the new president chooses a new NPS director, the decision will still be Bomar's to make. And that makes the opposition nervous. "This is a Bush initiative," Verheyden-Hilliard argued, "and we can't expect that the Democrats will stop them" should they win the White House in 2008. "This is coming under the auspices of the Bush administration and in the public meeting held on Jan. 12 in D.C., representatives from the National Park Service said that the plan would be completed by January 2009."

Of course, Verheyden-Hilliard's organization isn't alone in its concerns. Partnership for Civil Justice posted an online petition defending the Mall against free-speech restrictions signed by individuals as popular as Cindy Sheehan, Ed Asner and Howard Zinn, as well as officials from Greenpeace, National Council of Arab Americans, the National Lawyers Guild, the American Indian Movement and many more. Even Michael Berg, whose son Nicholas Berg's videotaped beheading in Iraq was infamously disseminated in 2004, has signed on, as has longtime Marine veteran and agitator Ron Kovic. That's a who's who of a list, one that cannot be simply brushed away by Line's exhortations that "there is no controversy."

"The intention of the Bush administration to limit the access of demonstrators to the Washington Mall is still another attack on our constitutional rights," Zinn wrote me via email, "a truly flagrant violation of the First Amendment's protection of 'the right of the people peaceably to assemble and to petition the government for a redress of grievances.'" The decorated historian, who is currently adapting for the screen source materials from his seminal People's History of the United States>, collected in the compilation Voices of a People's History of the United States and assembled with co-author Anthony Arnove, argues that the move is a deliberate attempt by the president to oppress Americans on his way out the door. "I suppose there is a special urgency for the Bush administration in doing this, because the grievances against it are so numerous and profound."

Urgency may be one thing, but bureaucracies are another. And given all the eyeballs that need to scrutinize the redesign in order for it to even think about entering the execution phase, this whole flap could be nothing more than a minor tempest in a major teapot. (Or is that melting pot?) If a plan is indeed brought to Bomar before the Bush administration leaves office, and she chooses to engage the alternative that the National Coalition to Save Our Mall calls the "protest plaza," putting the plan into action is far from a given. As anyone who has tried to get anything in Washington done might explain, things just don't move that fast.

But that's not to say that they can't, or won't, especially if the Democrats take power in 2008 and elect to do nothing about what Partnership for Civil Justice derogatorily refers to as the "protest pit." With bipartisan apathy and nondisclosures growing by the day, those who turn up at the Mall to realize Martin Luther King Jr.'s dream might find that they've entered a nightmare of dystopian proportions, dressed up as efforts at "beautification." And when they wake up from that nightmare, the White House, to say nothing of the National Park Service, might not have what it takes to hold them back anyway.

"The ability of Americans to come together in vibrant and, at times, militant protest has been the basis for all progressive change in the United States," added Verheyden-Hilliard, "and that will never be obsolete."

Bioprospecting: Mining Our National Parks One Gene at a Time

In a season when crowds are rioting over $600 video game consoles, and O.J. Simpson could sign a deal for millions with the Murdoch empire to reenact the "hypothetical" murder of his wife and her friend, it may seem like absolutely everything is now for sale in our mercenary culture.

The latest evidence of this comes from, of all places, one of the most trusted and admired of federal agencies. The National Park Service (NPS) is quietly taking public comment through Dec. 15 on a proposal to allow private companies to "bioprospect" in our national parks -- to commercially mine, not the mineral riches of a park, but the genetic resources of plants, animals, and microorganisms in territories specifically set aside for stewardship in the public trust.

The proposal is contained in a Sept. 15, 2006, court-ordered Environmental Impact Statement (EIS), an outgrowth of a lawsuit over a similar 1997 proposal at Yellowstone National Park during the Clinton administration. Steady privatization has been under way at the Park Service for more than 20 years, but the requirement that the NPS actually study the effects of bioprospecting seemed to shelve this particular bad idea.

And then, magically, seven years later, the EIS appears, laying out three options that would cover not just Yellowstone but all parks. The document, subtly entitled "Benefits-Sharing," reads less like an environmental study and more like a sales pitch for its preferred choice, "option B," to allow commercial bioprospecting but require "benefits-sharing" agreements and potentially some degree of public disclosure of those agreements. (Or, potentially, not.)

The other two choices the public is to comment on are option A, to do nothing -- thus allowing bioprospecting without so-called benefit-sharing; and option C, which is to only allow this genetic mining for "noncommercial or public interest research." Not exploiting our parks' genetic treasures at all is not even listed as an option in the document.

In the global south, home to much of the world's genetic diversity, this battle has already been underway for decades. In a process reminiscent of Columbus, transnational corporations have been using Western courts and laws to patent genetic codes and plant and animal life that existed long before any humans were around to "discover" them or own their "rights." The struggle against such legal chicanery has often been led by indigenous peoples who've relied upon the riches of their environments for millennia without the assistance of lawyers or scientists (or shareholders). Suddenly, they've been told they no longer have the right to use those riches -- or, worse, they can use them, for a price, paid to distant companies with no truly legitimate claim to their use.

This, in the south, is referred to as "biopiracy," and it seems like an appropriate term to start using in America as well. National Parks, beginning with Yellowstone (whose geothermal features were instrumental in both the park's original founding and the commercial appeal of "bioprospecting"), were set aside as lands to be owned and used by the public. Their early stewardship, beginning with Yellowstone, was specifically intended by Congress to exclude high-value heritage lands from the rapacious development of much of the surrounding West. We are the owners of these lands -- but their resources are now apparently for sale, in ways large and small, without the permission or even knowledge of the rightful owners. That's piracy.

An even scarier aspect of the NPS proposal is the precedent it sets, and the question of where that precedent stops. Can any life form or portion thereof existing in the parks be given away (or "benefit-shared," if the public agency gets a cut)? In any public lands? Using eminent domain, anywhere at all? What's to stop the government, using existing law and schemes such as this, from deciding by regulatory fiat that some piece of your genome should be "benefit-shared" by some state agency? It's an awfully slippery slope, one in which, thanks to two decades' worth of privatization of public resources, we're already well downhill of the crest.

The Park Service will, and has, argued that in a time of scarce public funding, commercial opportunities such as this can bring in valuable revenue to help preserve the park system. But what point is preserving a public park system whose parts can all be privately claimed? More to the point, these resources are not the federal government's to sell: They belong to all of us. And most especially to the point, there are some things that simply shouldn't be for sale. Life is an obvious one. It's one thing to sell chickens; it's another to sell the exclusive rights to Gallus gallus. The only difference here is size. Only a few weeks remain for public comment on the NPS proposal. Take some time to weigh in. Otherwise, some big corporation -- let's call it Helixco -- will be using tweezers, small but lucrative ones, for its Christmas stocking this year.

Public comment deadline is Dec. 15, 2006.

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