What I do not understand as a current NPS employee is why this is even being debated. Not only is the bike ride a commercial use, it is also a special use of the park. By law special uses cannot limit use of the park by the general public. As long as Colorado National Monument only has the one road I do not see how this can be allowed under federal law.
" I quite honestly do not see what all the hubbub is about."
Of course not, Mark. You have the vested interest of being a bike racer. Most foxes don't understand the hubbub is about feathers on the ground, but the folks who own the henhouse have a different vantage point.
Screw BSP and the ATC. Neither will get another dime of my money.
Jan 8th - 17:56pm |
Good thing the movie, A Walk in the Woods, sucked so hard. I was wondering how much the movie would motivate potentiial hikers and then I watched it. The trail will get busier, but I bet there won't be a big movie jump.
Jan 7th - 08:16am |
Wow I plan my thru hike for march of 2017 wonder if things will change then this would be my first time there. Hopefully things will be OK in 2016.
forgot taste as one of those assets,
Everyone has different tastes. That is why they don't make it all vanilla. Now we can have a legitimate disagreement about the extent of development within a park - but the fact that someone that creates or purchases value should be compensated when it is taken away shouldn't be in doubt.
We agree, EC, that there are tangible and intangible assets. I am merely wondering how the business world forgot taste as one of those assets, now to assert, with virtually absolute certainty, that nothing is in poor taste so long as it pays.
Ah, yes, those sacred "contracts." But how about the law? I am not debating with you that the Park Service screwed up here, because yes, it most certainly did. It didn't read the law enumerating that only leases could be granted for the public's lands. When I was in Yosemite, I watched the Park Service cave, starting with rafting on the Merced River.
I think this short article explains LSI and how it applies;
And this one shows how a contract for Yellowstone has changed LSI to an advantage for the parks back in 2012. They actually spelled out a depriciation schedule for LSI;
Jan 9th - 08:36am |
Alfred, As a NP owner, when can we count on you to pick up the trash, make the beds in the lodges and flip the burgers for my grandchildren? Certainly you don't expect the work to be performed by our "efficient" Federal employess.
Exactly, Anonymous. Delaware North is claiming the right to own something it never had the right to own. Nor did the government have the right to sell it. You say DNC "won" the franchise. Better said, the franchise was awarded by competitive bid. If in 1993 Delaware North had pulled this trick, no way would that have been a competitive bid. You want $51 million at the end?
Jan 8th - 16:19pm |
but surely you don't mean to tell anyone that North America was "purchased" from its original owners.
No, like the owners before us, it was taken by conquest. Fortunately, we now operate under a Constitution (at least some of us) and under that document it can't be taken by force without just compensation.
Agreed, David, if the parks were private property. But they aren't. The property owner has never changed. It has always been the federal government--which alone had the power to make treaties with the Indians allowing the "transfer" of parklands.
Property law is complicated and as EC said goes back centuries. Proving either side may be complicated as well. But I feel, the main thing the Park Service should learn from this, is to make future concessionares contracts, not be able to accumulate naming rights within a National Park for Places and features that should be turned back to the park service at conclussion of contract.
I am not politically correct, but surely you don't mean to tell anyone that North America was "purchased" from its original owners. Even when the purchaser was "honest," the "sale" was ultimately forced.
If someone purchases assets, only they can decide to give them back to their "original" owners. But once again, this disagreement goes far beyond purchased assets. It also includes assets created by DNC.
I am not a lawyer, but I do know that if you "argue" something you may inadvertently give "standing" to your adversary. At the moment a concessionaire loses his contract, the relationship does indeed become adversarial. You only want to pay me what?
But EC. When you already own something you don't have to "spell it out." The American people own Yosemite and its names--not the concessionaire. Under copyright law, as well, ownership eventually expires. 75 years after I am dead, the people will own my books. Imagine if the Wright Brothers still owned the airplane. God, would those planes be slow.
The NPS needs some new contracts lawyers. Given the number of parks and number of concessionaires, the handling of intellectual property rights (a concept that goes back centurys and is far from "greed" of any kind) should have been determined decades ago and spelled out in detail in every contract.
Dear Stephany,You're right, I didn't write the body of the story, and my byline appeared there by mistake.
Jan 8th - 13:53pm |
Stephany Seay, ...
Kurt, save for the opening sentence, all of this language was copied directly from Yellowstone National Park's press release, issued on January 5, 2016. It seems a bit unethical to claim that this livestock industry propoganda was written "by" you. As to the content, it would behoove your web site and your readers to not regurgitate the political spin of what Yellowstone and the IBM
Unfortunately, Common Sense speaks with a lot of common sense. But CS might not be aware of the reality of southern Utah politics. As these lands are now designated, they are very exposed to political influence at local, state, and federal levels.
Jan 9th - 08:34am |
Out of respect for first peoples, this needs to be done.
Jan 9th - 02:26am |
This land is **already protected** under several designations such as National Forest, National Recreation, Primitive Areas, and BLM Public Land. Making it a federal National Monument would require promotion to fund visitor centers, roads, commercial sales, a nasty public-anti-experience-campground, etc., and bring in hundreds of thousands of MORE visitors, damaging the ar
I think this can become something similar to the arrangement that has made Canyon DeChelly such a wonderful place to visit AND a winning proposition for both the people who live there and people from around the world who visit the place.
Jan 7th - 17:50pm |
Under federal control in trust for the American people and inspired by the American people, including Native Americans.
It would be interesting reading through the the full report on this case. How would this penalty compare to that of the superintendent at Canaveral National Seashore.
Jan 8th - 19:10pm |
Spot on Paula. Wagon circling at the highest levels, demoting the efficiency of the fed at the expense of a few folks who really care about good government.
The real story will come out - it'll take time. And the "guilty"will be long gone...
But the again, no one ever said a democracy was efficient :)
Jan 7th - 23:19pm |
Unfortunately, you will NEVER hear the "rest of the story" or the "REAL story". I've been wanting to know the "REAL stories" behind similar things I have witness throughout my 42 years with the National Park Service. What wonderful reading that would be.
Jan 7th - 14:44pm |
The federal circuit made their decsion on 9/2/2105, it took until 12/31/2015 for the MSPB to reverse their decsion based on the federal circuit court:
Jan 6th - 21:27pm |
You got a year or two? I could tell you many tales of idiocracy from the NPS
There was a time once when there was actually a degree of intellectual quality in our popular media. A time of magazines that contained good literature and honest to gosh journalism. A time when television shows were actually worth watching before decaying into vile violence, sleaze and endless orgasms of celebrity worship.
I plan to visit Big Bend in a few weeks and Sequaro and Organ Pipe in February. March is Joshua Tree and Death Valley. Yosemite in early spring and Lassen, Crater Lake and My Rainier in late spring/ early summer. Then on to Yellowstone.
Jan 7th - 16:15pm |
Haleakala & Volcano
Jan 7th - 15:02pm |
this year I will be employed at the north rim of the Grand Canyon may-October as a bus driver after that I think I will head to Gardiner to watch the elk rut.
Jan 7th - 08:34am |
I have been lucky enough to visit almost all the NPs, many several times over. However, I still have a couple on my bucket list which I play to take care of this year - Big Bend, Carlsbad Caverns and Guadalupe Mnts., that will leave me with only Channel Islands, America Samoa & Virgin Islands as unseen.
Jan 6th - 23:30pm |
BIG BEND in West TX!! right in my neighborhood. please visit us :)
Jan 6th - 22:27pm |
Arches, Canyonlands, Capitol Reef along with Natural Bridges NM and Colorado NM in October. Can't wait!