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Old 03-17-2018, 02:22 PM
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Tom_in_CA Tom_in_CA is offline
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Originally Posted by Barry View post
Dont be sorry..The unedited version........
Barry, the phrase "public lands" there, taken in context of the source (the state of Florida) would mean: state lands. Not lesser sub-entities like county, city, and private.

But I will agree with you that .... yes .... a lower level entity under the fed (state of FL in this case) CAN INDEED incorporate ARPA wording/law, when done-so by specific inclusion. But unless specifically drafted in (as you've shown here): No, it's not automatic that ARPA subrogates down .

Because if it were automatic, that .... simply because the fed. (ARPA) has it, that all lesser/lower entities are held to that standard, .... then we're all sunk. But this doesn't take into account that park rules DIFFER ALL THE TIME. So even though states are a sub-part of the larger fed, and counties are a sub-part of the larger state, and cities are a sub-part of the larger county, does NOT mean that rules on the fed level (arpa ) automatically subrogate down.

Unless, as you have shown, it is done so by specific inclusion (entities do indeed borrow each other's wording). But as said: This has no bearing on county or city land.

Also: If you read closely, everything you've posted has to do with historical resources, artifacts, etc... And , as you may know, ARPA does not specifically dis-allow md'ing. But only if you're messing with 50+ yr. old objects. Ok, how good is your math ?

Don't over-think it.
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