[Senate Hearing 107-231]
[From the U.S. Government Publishing Office]
S. Hrg. 107-231
GOVERNORS ISLAND; VICKSBURG MILITARY PARK; NIAGARA FALLS HERITAGE AREA;
AND CRATERS OF THE MOON PRESERVE BILLS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
on
S. 689
TO CONVEY CERTAIN FEDERAL PROPERTIES ON GOVERNORS ISLAND, NEW YORK
S. 1175
TO MODIFY THE BOUNDARY OF VICKSBURG NATIONAL MILITARY PARK TO INCLUDE
THE PROPERTY KNOWN AS PEMBERTON'S HEADQUARTERS, AND FOR OTHER PURPOSES
S. 1227
TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO CONDUCT A STUDY ON THE
SUITABILITY AND FEASIBILITY OF ESTABLISHING THE NIAGARA FALLS NATIONAL
HERITAGE AREA IN THE STATE OF NEW YORK, AND FOR OTHER PURPOSES
H.R. 601
TO REDESIGNATE CERTAIN LANDS WITHIN THE CRATERS OF THE MOON NATIONAL
MONUMENT, AND FOR OTHER PURPOSES
__________
JULY 31, 2001
__________
Printed for the use of the
Committee on Energy and Natural Resources
_______
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
DANIEL K. AKAKA, Hawaii FRANK H. MURKOWSKI, Alaska
BYRON L. DORGAN, North Dakota PETE V. DOMENICI, New Mexico
BOB GRAHAM, Florida DON NICKLES, Oklahoma
RON WYDEN, Oregon LARRY E. CRAIG, Idaho
TIM JOHNSON, South Dakota BEN NIGHTHORSE CAMPBELL, Colorado
MARY L. LANDRIEU, Louisiana CRAIG THOMAS, Wyoming
EVAN BAYH, Indiana RICHARD C. SHELBY, Alabama
DIANNE FEINSTEIN, California CONRAD BURNS, Montana
CHARLES E. SCHUMER, New York JON KYL, Arizona
MARIA CANTWELL, Washington CHUCK HAGEL, Nebraska
THOMAS R. CARPER, Delaware GORDON SMITH, Oregon
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
Brian P. Malnak, Republican Staff Director
James P. Beirne, Republican Chief Counsel
------
Subcommittee on National Parks
DANIEL K. AKAKA, Hawaii, Chairman
BYRON L. DORGAN, North Dakota CRAIG THOMAS, Wyoming
BOB GRAHAM, Florida BEN NIGHTHORSE CAMPBELL, Colorado
MARY L. LANDRIEU, Louisiana CONRAD BURNS, Montana
EVAN BAYH, Indiana GORDON SMITH, Oregon
CHARLES E. SCHUMER, New York CHUCK HAGEL, Nebraska
THOMAS R. CARPER, Delaware PETE V. DOMENICI, New Mexico
Jeff Bingaman and Frank H. Murkowski are Ex Officio Members of the
Subcommittee
John Watts, Counsel
Jeff Mow, Bevinetto Fellow
C O N T E N T S
----------
STATEMENTS
Page
Castro, Bernadette, Commissioner, New York State Office of Parks,
Recreation and Historic Preservation........................... 26
Clinton, Hon. Hillary Rodham, U.S. Senator from New York......... 9
Cochran, Hon. Thad, U.S. Senator from Mississippi................ 4
Craig, Hon. Larry E., U.S. Senator from Idaho.................... 5
Drake, John C., Director of Community Development, City of
Niagara Falls, NY.............................................. 29
Galvin, Denis P., Deputy Director, National Park Service,
Department of the Interior..................................... 17
H. Claude Shostal, President, Regional Plan Association, New
York, NY.......................................................
LaFalce, Hon. John J., U.S. Representative from New York......... 13
Lott, Hon. Trent, U.S. Senator from Mississippi.................. 4
Moravec, F. Joseph, Commissioner of Public Buildings, General
Services Administration........................................ 25
Moynihan, Hon. Daniel Patrick, Former U.S. Senator from New York. 7
Schumer, Hon. Charles E., U.S. Senator from New York............. 1
Simpson, Hon. Mike, U.S. Representative from Idaho............... 15
Thompson, Jane, President, Thompson Design Group, Boston, MA..... 36
31
APPENDIX
Additional material submitted for the record..................... 49
GOVERNORS ISLAND; VICKSBURG MILITARY PARK; NIAGARA FALLS HERITAGE AREA;
AND CRATERS OF THE MOON PRESERVE BILLS
----------
TUESDAY, JULY 31, 2001
U.S. Senate,
Subcommittee on National Parks,
Committee on Energy and Natural Resources,
Washington, DC.
The committee met, pursuant to notice, at 2:30 p.m. in room
SD-366, Senate Dirksen Office Building, Hon. Charles E. Schumer
presiding.
OPENING STATEMENT OF HON. CHARLES E. SCHUMER,
U.S. SENATOR FROM NEW YORK
Senator Schumer. The hearing will come to order. First, I
would like to begin by thanking Chairman Akaka and Senator
Thomas for permitting me to hold this hearing today. The
purpose of this afternoon's hearing is to receive testimony on
several bills that are pending before the National Park
Subcommittee.
The bills that we will hear testimony on today include: S.
689, to convey certain Federal properties on Governors Island,
New York; S. 1175, to modify the boundary of the Vicksburg
National Military Park to include property known as Pemberton's
Headquarters; S. 1227, to authorize the secretary of interior
to conduct a study of the suitability and feasibility of
establishing the Niagara Falls National Heritage area in the
State of New York; and H.R. 601, to re-designate certain lands
within the Craters of the Moon National Monument as a national
preserve.
I would ask all of the witnesses who will be testifying, I
will ask them later to submit their written statements to be
included in the record. What I would like to do is make a brief
statement on two of the bills on today's agenda, call on
Senator Craig to talk about the bill that affects his area, and
then well get right to our witnesses. First, on Governors
Island, the status of Governors Island is, at best, confusing.
Most of the people in this room can probably agree that
Governors Island belongs to the people of New York and that New
York should be able to reacquire it quickly and easily from the
Federal Government. But, building a consensus on how that
happens, and on what we do from there, has been exceedingly
difficult. That needs to change and today's hearing is a great
place to begin.
Governors Island, in short, is a special place. It has
served the United States in every major military campaign from
the American Revolution through World War II. It even served as
a primary prison for recalcitrant confederates during the Civil
War.
It is neither a surplus missile silo nor merely an
abandoned piece of Federal property to be readily disposed of.
As Senator Moynihan so capably demonstrated during his storied
tenure, Governors Island is part of our history, part of our
culture and part of our future. It has served this Nation well
and its fate deserves Congress' close attention, especially
when the hour of sale is so close at hand.
Here is what we know so far. First, there is legislation,
the Governors Island Preservation Act of 2001, that would
transfer the island from the General Services Administration to
the State of New York. The Act, co-sponsored by myself and
Senator Clinton, returns the island to the State of New York,
which will operate it through the Governors Island
Redevelopment Corporation, a State-chartered, public benefit
corporation operated jointly by the city and the State.
GIRC will then implement a plan agreed upon by the mayor
and the Governor and widely supported in New York, to protect
the island's rich history and make it open to the general
public. Second, negotiations involving the sale of Governors
Island between the GSA and the State of New York are under way,
which are consistent with the Balanced Budget Act of 1997 that
currently governs the island's sale. That's the statute that
currently governs the island's sale.
The status of those negotiations is hazy, however, and we
hope to leave here today with a much greater understanding of
where they stand, and we will be questioning some of the later
witnesses--the Federal witnesses--about that. Third, we know
that thanks to President Clinton, the Governors Island National
Monument has been established. The Monument consists of Castle
Williams and Fort Jay, two impressive forts that along with
Castle Clinton, Fort Columbus and Fort Wood--the base of the
Statue of Liberty--formed a virtually impenetrable barrier that
protected New York harbor from direct naval attack during the
War of 1812 and ever since.
We are also aware of a recent Justice Department memo
suggesting that the national monument be sold, an unprecedented
event in American history. But, we don't know much beyond that.
That is something I hope will change in the next hour when we
hear from Senator Clinton; Senator Moynihan; Denis Galvin, the
Deputy Director of the National Park Service; F. Joseph
Moravec, the Public Buildings Commissioner of the General
Services Administration; H. Claude Shostal, the president of
the Regional Planning Association; and Jane Thompson, president
of the Thompson Design Group.
Here is what we do not know. We really do not know what the
administration thinks about Governors Island. We do not know
whether they intend to protect its national monument or whether
they would try to sell the monument. We do not even know if
this administration agrees with the basic premise that
Governors Island belongs to the people of New York, and that
the Federal Government should do everything in its power to
make sure that happens.
It is time we learned just what this administration thinks
about the future of Governors Island and, in turn, the future
of New York. When President Bush visited New York three weeks
ago Senator Clinton, Governor Pataki, Mayor Giuliani and I all
spoke with him. In a little sense we ganged up on him, all four
of us, Democrats and Republicans, city, State and Federal, to
talk about the future of Governors Island. We explained to him
in some detail, as we rode by on the ferry, as to the history
of Governors Island, why it was so important that the Federal
Government return the island to the people of New York as
quickly as possible. And he was very gracious and said he would
look into it.
Hopefully, some of our witnesses today will expand on his
position. But before the witnesses give their opinion, I will
offer a few of my own. One, the State of New York gave
Governors Island to the Federal Government for over 200 years
for the sum total of one dollar. Now that the Federal
Government no longer needs the property, it should give it
right back.
In 1800, the State of New York gave Governors Island to the
United States to prepare for what was believed to be an
imminent British attack. The island was then put to great use
in the War of 1812, the Civil War and both World Wars. In 1958,
the State settled its claim to Governors Island in Federal
court for one dollar, because of a continuing Federal interest.
When the Coast Guard determined to leave the island in 1995
that Federal interest ceased to exist.
When our Nation needed Governors Island we handed it over
without question or delay. Now that the Government has no use
for the property it should return what is rightfully ours. When
most military bases are closed they are turned over to
communities only after going through the BRAC process, the Base
Realignment and Closure process. But, since Governors Island
was transferred from the Army to the U.S. Coast Guard, not the
Army, the Navy, the Air Force, the Marines, that process is not
required in this case. And excuses along those lines absolutely
should not exist.
Two, Governors Island historical sites are far too
important to fall into private hands. The entire 92 acre
northern portion of Governors Island has been designated as a
national historic district. And if the GSA were to sell this
property to a private developer we can not be sure that these
structures would be treated with the care and dignity befitting
their historical status.
One structure, the Admiral's House, hosted President Reagan
and Soviet Premier Mikhail Gorbachev's final summit meeting,
where the two leaders presented each other with the articles of
ratification for the Intermediate Forces Nuclear Treaty in
1988. And because the cost of operating Governors Island is so
high, GSA spends approximately $10 million dollars a year just
to maintain a mothball status that any private developer would
have to make maintaining these landmark structures, at best, a
secondary priority.
Third, this is a great opportunity to build one of
America's great urban parks and we should take full advantage
of it. In 1999 the National Park Service counted over 5,300,000
tourists to the Statue of Liberty National Monument, virtually
all of whom came via ferry from Manhattan. Between New York
City's eight million residents and the 34 million tourists who
visit each year, we can turn Governors Island into a
destination for New Yorkers and tourists alike, at a minimal
cost to the taxpayers.
Finding excess property near Manhattan is rarer than
finding a seat on the number four train. We have 172 acres in
the heart of the capital of the world. One hundred years from
now, when our great, great grandchildren desperately search for
places to play, I don't want to be the one who took an
opportunity to create a park along the lines of Central Park or
Prospect Park or Flushing Meadows, Corona Park, and threw it
away simply to appease a few bean counters. That would be a
shameful turn of events for an island with such glorious
history, and a disservice to the people of New York.
I also have a statement on another piece of legislation,
the Niagara Falls statement, but let me do this because
Congressman LaFalce is not here and he is interested in that.
Let me call on Senator Craig so he can get going. I will call
on our two witnesses and then we will go back and do the
Niagara Falls statement.
Senator Craig, thank you very much for your courtesy and
being here and allowing me to chair this hearing.
[The prepared statements of Senators Lott and Cochran
follow:]
Prepared Statement of Hon. Trent Lott, U.S. Senator From Mississippi
Mr. Chairman, I appreciate the opportunity to submit testimony
regarding inclusion of the Pemberton's Headquarters within the boundary
of the Vicksburg National Military Park. Pemberton's Headquarters in
Vicksburg, Mississippi, served as the headquarters for Confederate Lt.
General John C. Pemberton during the Union siege of the City of
Vicksburg. It was in the first-floor office of this house that
Pemberton made the decision to surrender the city to the control of
General U.S. Grant and the Union forces on July 4, 1863.
General Pemberton was a West Point Military Academy graduate. He
was made a Lieutenant General in the Confederate Army after serving
many years for the South before the Civil War began. He was assigned to
defend Vicksburg and the Mississippi River during General Grant's
Vicksburg Campaign, and the Pemberton Headquarters served as his base
of operation between May 23 and July 4, 1863.
Pemberton's Headquarters is a needed addition to the Vicksburg
National Military Park. This park was established in 1899 to
commemorate one of the most decisive battles of the Civil War. Today,
the Vicksburg National Military Park includes 1,325 historic monuments
and markers, 20 miles of reconstructed trenches, a 16 mile tour road,
antebellum homes, 144 emplaced cannons, restored Union gunboat, the USS
Cairo, and the Vicksburg National Cemetery. These sights have provided
an opportunity to explore the battlefields of the Civil War, and they
give tourists a chance to see first-hand where such important events
took place.
The Battle of Vicksburg has been referred to as the turning point
of the Civil War. It has been called the most decisive battle of the
war because of its impact on the Confederacy. There is no doubt of the
importance the Battle of Vicksburg had on the future of the Confederacy
and the United States. The future of both nations was decided in the
Pemberton Headquarters. It is part of the history of the war, and it is
a needed addition to provide a better interpretation of this part of
history.
Mr. Chairman, again I appreciate the opportunity to submit
testimony today. I look forward to the Committee's swift action on this
legislation. Thank you.
______
Prepared Statement of Hon. Thad Cochran, U.S. Senator From Mississippi
Mr. Chairman, I appreciate the opportunity to express my support
for S. 1175, a bill I have introduced with Senator Lott to adjust the
boundary of the Vicksburg National Military Park to include General
Pemberton's Headquarters.
General John C. Pemberton's house served as his military
headquarters during his command of the Confederate forces while they
defended Vicksburg during the 47-day siege of the city in 1863. It was
also in this building that General Pemberton and his advisors made the
decision to surrender the City of Vicksburg to Union troops on July 3,
1863.
In 1895, a group of Confederate and Union veterans organized the
Vicksburg National Military Park Association to petition Congress to
establish a national military park at Vicksburg. These veterans
recommended that the headquarters of both Union Major General Ulysses
S. Grant and Confederate Lieutenant General John C. Pemberton be
included in the park. Four years later in 1899, Congress passed
legislation establishing the Vicksburg National Military Park. This
legislation directed park commissioners to mark with historical tablets
the headquarters of General Grant and General Pemberton. At the time,
General Pemberton's headquarters were being used as a private residence
by a prominent and influential family, which resulted in the home's
exclusion from the park's boundaries. General Grant's headquarters were
unoccupied and included as a part of the park.
Mr. Chairman, it was the intent of the Confederate and Union
veterans to include General Pemberton's headquarters in the park when
they petitioned Congress in 1895. The inclusion of General Pemberton's
headquarters will allow the Vicksburg National Military Park to more
successfully interpret the campaign and siege of Vicksburg; and,
therefore, I respectfully request the Committee approve this
legislation.
STATEMENT OF HON. LARRY E. CRAIG, U.S. SENATOR
FROM IDAHO
Senator Craig. Mr. Chairman, thank you very much. It is
always a great pleasure to see Senator Moynihan again. One of
my former colleagues that you know well, Senator McClure, said
that retirement from the Senate was a rejuvenating process. You
look younger, Senator Moynihan.
Senator Moynihan. Thank you, sir.
Senator Craig. Let me also suggest that the way you deal
with islands at the mouth of New York harbor is but for a few
beads and trinkets. I think you didn't offer the President the
appropriate----
Senator Moynihan. We are ready, he can pick his beads.
Senator Craig. For a few beads and trinkets it is yours. It
is important that we hold these hearings. These are critical
pieces of legislation and vital pieces of property. I'm going
to focus you for just a moment on H.R. 601, that deals with the
Craters of the Moon National Monument in Idaho.
It is a timely situation, Mr. Chairman, as we watch the
glorious eruption of a mountain over in Italy at this moment.
The Craters of the Moon is the youngest flow of lava in the
lower 48 States, occurring about a million years ago, taking a
fair chunk of south-central Idaho. Our astronauts, when they
were first contemplating a landing on the moon came to the
Craters of the Moon to practice, thinking it was a moonscape-
like environment; only to find out that the moon was, in fact,
a great deal more hospitable than are the Craters of the Moon
in Idaho.
President Clinton, by presidential proclamation 7373,
expanded the boundaries of the Craters of the Moon, that was
originally established by President Coolidge in 1924. In that
expansion we have recognized a conflict of authority, and
therefore management, Mr. Chairman. Monuments, by designation,
occur and are placed under the authority of the National Parks.
National Parks have a standard of operation that I have over
the years challenged, but unsuccessfully. That is, in most if
not all of our national parks we do not allow hunting.
By the very scope of the expansion of the Craters of the
Moon in moving it from some 50,000 to some 661,000 acres, some
very prime hunting habitat was taken under the National Park
Service. My colleague, Congressman Mike Simpson of Idaho,
introduced H.R. 601 in the House. It passed and creates a
technical fix so that the BLM can have authority in an area
dealing with the prime hunting areas. The Park Service has the
authority as it relates to the overall management of the
antiquities, unique geologic sites, that is the Craters itself.
This also includes an area known as ``The Great Rift,''
which is a crack in the surface of the Earth that is probably
longer and deeper than any other we know, which is a result of
that volcanic action that is within the greater Yellowstone
volcanic calderas eco-system that we've come to know and
appreciate over time. The Craters of the Moon is on the edge of
that unique piece of geology.
I do believe the legislation itself is, in fact, a
technical fix and appropriate. It is supported by a variety of
groups. The Idaho Fish and Game Department and the State of
Idaho believe that this is necessary for the effective
management of that property, both for the value of the
antiquities but also for the management of the wildlife
involved.
I'm pleased to be here. I think both the Congressmen will
be here soon. I suspect there is a vote on in the House and
that is what has detained them. I'm going to have to step away
to an appropriations markup. But I did want to come and
recognize the efforts of my colleague from the Second
Congressional District of Idaho, and I think the appropriate
fix that has been created.
Mr. Chairman, also let me ask unanimous consent that a
statement by Senator Lott on S. 1175 be included in the record.
Senator Schumer. Without objection.
Senator Craig. Thank you.
Senator Schumer. I thank you, Senator Craig for being here
and understand you have other commitments. I take it you have
no objection if we tied these four bills together in one
package?
Senator Craig. Like a freight train, thank you.
Senator Schumer. Okay, thank you. Let me now introduce--we
have two bits of protocol to deal with here. First is, usually
a sitting member of the Senate has standing to go first.
Senator Clinton has graciously agreed to let Senator Moynihan
go first because he has another important engagement and was
good enough to come here. The second bit of protocol, which was
new to me, is that under 18 U.S.C. 207, a statute by which we
are governed, the provisions regarding former members of
Congress; Senate ethics counsel has asked that I respectfully
administer the oath of office to Senator Moynihan. So, please
raise your right hand Senator.
Do you pledge that the testimony you are about to provide
before this subcommittee shall be truthful to the extent of
your knowledge?
Senator Moynihan. I do.
Senator Schumer. And when Senator Moynihan says that, the
extent of his knowledge is so vast it's a rather large
statement, larger than most others will make. But let me just
thank him for coming. First let me say it is an honor to have
you back, Senator. Is this the first time you are appearing as
a former member before a committee?
Senator Moynihan. The very first, sir, and I can't be more
happy.
Senator Schumer. Thank you. It is an honor. Senator
Moynihan's role in not only this particular issue, which is why
Senator Clinton and I are so honored that he be here, but in
just establishing and expanding the Nation's political mind
about our history and its dimensions and its importance to our
future. He has played that role in both the country and New
York State, particularly. It is one of your many
accomplishments that we are all thankful for. And so with that,
let me thank you for coming and your entire statement will be
read in the record, and the podium is yours.
STATEMENT OF HON. DANIEL PATRICK MOYNIHAN,
FORMER U.S. SENATOR FROM NEW YORK
Senator Moynihan. I thank you, Mr. Chairman. I thank my
successor, the distinguished Senator from New York, Senator
Clinton, for allowing me to go forward. I'm here faithful to
your command, however gently conveyed, to testify on S. 689,
the Governors Island Preservation Act of 2001, introduced by
you and Senator Clinton.
The measure is essentially the same as the Governors Island
Preservation Act of 2000 of the 106th Congress, which you and I
introduced last year. The bill now before you has the plainest
purpose, to, and I quote, ``Convey to the State of New York all
right, title and interest of the United States in and to
Governors Island.''
It is painful that it has come to this. Governors Island
was acquired by the Dutch, thereafter ceded to the British
where it became the home of colonial governors, hence its name.
Queen Anne's cousin Edward Hyde, or Lord Cornbury, built an
exquisite residence--I'm sure Ms. Thompson would agree--Queen
Anne, as architectural historians say, which is still there.
There cannot be another like it in the Western Hemisphere.
If the island is little known, it is essentially because it
has been a military base since the Revolutionary War and
generally off limits to the public. This is no ordinary
military encampment. To the contrary, sir, it could be argued
that we owe our national existence to the fortifications which
General Israel Putnam threw up in April 1776 on the Buttermilk
Channel side, which is just a baseball's throw from Brooklyn
Heights.
Lord Howe had arrived with the largest military force ever
sent overseas by any Nation in the history of nations to put an
end to this revolution then and there. There were 400 ships,
1,200 guns, 32,000 British, Scot and Hessian troops. They
landed on Long Island and headed for George Washington and his
army. He had to flee, and he made it just, because Putnam's
artillery firing on Brooklyn Heights, over the Buttermilk
Channel, held Howe back just long enough for Washington to
escape to Manhattan and for the Revolutionary War to proceed.
In 1783, Governor George Clinton accepted the British
surrender of the island. In 1794, he proposed to the U.S.
Congress that it might be fortified to protect what he called,
``the naked and exposed condition of our principal seaport.''
In 1806, Fort Jay--that is John Jay of the Federalist Papers
and the Supreme Court--was complete, a formidable Vauban
starred embankment. Simultaneously, forts were erected on
Bedloe's Island, as you said sir, now the base of the Statue of
Liberty, and Castle Clinton at the tip of Manhattan--the
Battery as we call it to this day. The triangulation was
perfect. The British never came back.
But our armed services stayed on. Again, as you mentioned,
a major establishment in the Civil War, First World War, and
Second World War. But then the army departed for Fort Meade in
Maryland. The Coast Guard moved in for a bit. But then in the
1990's it crossed the lower bay to Staten Island and silence
descended after three centuries of epic events.
Still, the island fair to sparkled on the autumn morning in
1995 when President Bill Clinton flew over it in a Marine
helicopter on his way to address the 50th anniversary of the
United Nations General Assembly. He had graciously invited me
to come along. I pointed out Fort Jay, stunning from the air,
and explained that the site had now been abandoned by the
military.
President Clinton thereupon declared that Governors Island
should be returned to New York. He suggested a fee of one
dollar. We had received as much in a friendly exchange in 1958,
as you mentioned. He hoped it would be used for public
purposes. I said mostly.
I promptly wrote the Governor and the mayor relating the
President's offer. In retrospect, we would have been wise to
accept that offer right off, and thereafter negotiate with
ourselves precisely what we would do with the new conveyance.
Well, we didn't.
Then in 1997, out of nowhere, the Budget agreement for
fiscal year 1998 had this charming entry: ``Sell Governor's
Island--500 million dollars.'' I do not wish to seem irritable,
Mr. Chairman, but they couldn't even bother to spell the name
correctly. There is no possessive apostrophe.
I think in retrospect we can agree this was a plug number,
a sum included in a budget to make the whole appear closer to
balance. As I recall this budget was balanced, the first in
ever so long, withal somewhat spuriously. That was then, and no
hard feelings.
But today, the city and State have come up with a fine
master plan for the future uses of the island. The Park Service
has taken custody of Fort William and Fort Jay, and the Federal
budget is in surplus. And so, I respectfully petition Congress,
give us back our island.
If you don't think it is our island, sir, on your next
visit you will find atop the gateway to Fort Jay a splendid
sandstone sculpture depicting the artillery weaponry of the
early 19th century. But at the center is, mark it, the coat of
arms of the State of New York. At the base the sun is rising in
splendor; atop, a spread eagle. Finally, a Phrygian cap, the
ancient Roman symbol of liberty.
Now, need anything more be said. I thank the committee and
in closing ask permission to include in the record a most
gracious letter in this matter sent me by President Clinton,
January 6, 2000, which confirms exactly what I have just
proposed. It is his view, I have no doubt it is your view
ma'am, and I thank the committee for the honor of appearing.
[The letter referred to follows:]
The White House,
Washington, DC, January 6, 2000.
Hon. Daniel Patrick Moynihan,
U.S. Senate, Washington, DC.
Dear Senator Moynihan: We are just a few weeks shy of the 200th
anniversary of New York's cession of Governors Island to the United
States for the purposes or strengthening the harbor's defenses. The
arrangement seems to have worked well and it does seem like we can
confidently turn the property to other uses.
Some time ago, I suggested to you that the Federal Government was
ready to facilitate the Island's return to New York. I am encouraged to
learn that New York State and New York City have agreed on a tentative
plan for the Island's future use.
We look forward to working with you and New York officials on the
necessary details to return Governors Island to New York. Once again,
New Yorkers are in your debt for your unrelenting efforts to place an
underused public resource at their disposal.
Sincerely,
Bill Clinton.
Senator Schumer. Thank you, Senator, and without objection
that letter is added to the record.
Senator Clinton.
Senator Moynihan. Will you excuse me, sir?
Senator Schumer. Yes, and Senator thank you very much for
being here and for once again casting your erudition on this
chamber.
STATEMENT OF HON. HILLARY RODHAM CLINTON,
U.S. SENATOR FROM NEW YORK
Senator Clinton. Mr. Chairman, as Senator Moynihan departs,
I think all of us want to acknowledge, once again, his
extraordinary advocacy and protection of New York and America's
rich history. I think, as I looked around at those arrayed
behind the chairman and even the cameramen, you captured not
only their attention but their hearts. If you could have a vote
in this room, Senator, we would have Governors Island back this
afternoon. For that, I am very grateful.
Those of us representing New York, starting with the
chairman who is holding this hearing today on two issues of
such great importance to our State, namely Governors Island and
Niagara Falls, know very well that New York has played such a
pivotal role in the history of our Nation from its very
beginning. The early stories of the splendors of Niagara Falls,
Congressman LaFalce, are legendary. Certainly the role that
Governors Island played, as Senator Moynihan so well
summarized, I think it is no exaggeration to say were
instrumental if not essential in creating the country that we
celebrate today.
I believe that the key point for this committee to take
away from the hearing that the chairman has so timely called,
is that the State of New York gave this property to the U.S.
Government at literally no cost. It was, I think, a dollar
transaction. At the beginning, in 1800 it was not even that. It
was for New York to play the role in national defense against
potential enemies that New York had played from the very
beginning.
It is indeed ironic, as the chairman pointed out, that
because the property was transferred to the Coast Guard there
was no process for the timely and orderly transition back to
State ownership that we have seen in other places in our
Nation, such as The Presidio in California. Furthermore, the
huge cost, over $10 million dollars a year of maintaining
Governors Island, makes it inappropriate for the Federal
Government to ask the State to pay a huge sum to have it
returned. If indeed it were still a military installation, the
Department of Defense would be required to return it to the
State and to aid in its redevelopment.
Now is the time for the Federal Government to go ahead and
do the right thing. I spoke last evening to the Governor,
Governor Pataki, who made it clear that based on all of the
analysis available to the State, not only is it expensive to
maintain the island, but to put it to appropriate uses will
continue to impose expenses not likely to be borne by any
private developer. And were a private developer to be
interested in attempting to pay the price that is set by the
Federal Government, a half a billion dollars would be much too
great a burden to overcome, because there is no likelihood
whatsoever that the city or the State would give the necessary
permission to develop this island in such a way to make back
that investment.
If you wanted to have a hundred story apartment building
with retail development in order to get back the investment
that would be needed to pay the price asked by the Federal
Government, that is not going to happen. The State and the city
now have a plan. The properties that are represented on the map
there, and the uses that they would be put to that you can see,
and the descriptions of what the Governors Island Redevelopment
Corporation has put forth as its potential use, will guarantee
that the island will remain part of our history, that it will
be available for cultural, historic and retail use, but in an
appropriate manner that will be in keeping with the role that
the island has played in the country's history in the past.
So, Mr. Chairman, thank you for holding this hearing. I
want to thank you also for your leadership on the issue of the
Niagara Falls National Heritage area, that I know our colleague
Congressman LaFalce will address, and I appreciate very much
your inviting Senator Moynihan to once again remind us why this
is not just a run of the mill issue. This really goes to who we
are as a nation, and it goes to the question and rights of New
York's sovereignty. I thank you very much.
Senator Schumer. Well thank you, Senator Clinton, not only
for your help on this issue but for our partnership in the
Senate. I know you are busy as well, and so we are going to
move on to other issues. But we understand that you might have
to go.
Senator Clinton. Thank you, Mr. Chairman.
Senator Schumer. And now, I'll tell Congressman LaFalce I
had withheld my opening statement on Niagara Falls until he got
here. So, I'll make mine, then Congressman LaFalce will make
his and then Congressman Simpson. Already Larry Craig talked
about your bill and you will have your opening statement as
well.
Also on our agenda, and just as important, is the issue of
Niagara Falls and the efforts underway to restore the majestic
beauty of one of America's most beloved treasures and scenic
sites. Like too many other national treasures, Niagara Falls
has been taken for granted over the years and has deteriorated
to a point of disrepair. Sadly, what was once one of the
world's brightest stars has dimmed and is now in need of
restoration and renewal.
The beauty of the Falls is as great as ever. I still
remember the first time when my parents took me and my brother
and sister, I was 11 years old, seeing the Falls and just being
awed by their majesty, their beauty, their power and their
strength. But unfortunately, when you go to visit the Falls
now, we almost have a tale of two cities. One side in Canada is
booming, the other side in New York needs help.
And so, thankfully over the last year, a movement to
restore the Falls to its rightful place has sprung up among the
residents of the area, local officials, the State of New York
and community advocates. And if I could emphasize one point,
and I know John LaFalce agrees with this, we have for the first
time some real unity. One of the things that has held things
back is when efforts have been made there were factions. There
were factions within the community of Niagara Falls. There were
divisions among elected officials. The Federal, State and local
governments had not gotten their act together.
But we are at a moment of unique serendipity where we are
all singing from the same page. And that gives us an
opportunity to all work together. I want to thank Congressman
LaFalce who has done a great job in helping spearhead this
development.
I want to thank Governor Pataki and Bernadette Castro, our
parks commissioner, for working so closely together with us;
and all of those who have been involved, our State senators,
our State assembly members, the mayor of Niagara Falls, the
county exec, the head of the legislature of Niagara County. We
are all now working together, and so together we have started
to work on making sure Niagara Falls once again rises to the
stature it once held as one of the seven wonders of the world.
Today's hearing takes the next step in advancing that
vision and bringing it closer to reality. Last year Congressman
LaFalce and I approached the National Park Service in an effort
to see how the Federal Government could support local efforts
to protect the rich history and natural splendor of the Falls,
while simultaneously spurring much needed economic development
in the region. We knew that the community was adverse to a
national park, because all too often in the past national parks
have meant Washington dictates to the community what should be
done with a great deal of tension.
The Park Service, to their great, great credit was eager to
help, and understood this. They helped guide us, but they
warned us to be careful. They said before you start down this
path build a local consensus, otherwise any efforts you
undertake will not bear fruit. That's what we have done, Park
Service. We are now ready to roll.
The Park Service has agreed to fund an initial survey to
figure out possible Federal roles, as long as we build the
local consensus about how to go about fixing the Falls. Well,
when a community has been let down by unkept promises as often
as Niagara Falls, and is in the throes of a wrenching 40 year
economic decline, it is not the easiest thing in the world to
build a consensus about what should be done. Individually,
everyone had an opinion about how to go about fixing things.
But collectively, it has been tough to get together and agree
on a specific plan of action.
But I am glad to say we have not let the daunting task of
doing so get in the way. Earlier this year we established the
Niagara Falls Advisory Panel, a 50 member group that represents
a cross-section of interests in Niagara Falls and serves as a
sounding board for the Park Service's study. Just yesterday the
Park Service briefed the board on the findings of its initial
$25,000 dollar survey. The Park Service found, as we have known
all along, that there is a way for it to help rejuvenate the
unique assets of Niagara Falls.
The Park Service highlighted three options. One was to
serve a technical advisory role, which by the Park Service's
own admission would not have accomplished very much. Another
was to undertake a study to create a national park. As I
mentioned, although the Park Service felt that the Niagara
Reservation State Park and the other seven State parks met the
suitability criteria to undertake such a study, it recommended
against this option because of the local opposition. The
remaining option, to undertake a special resource study to
determine the suitability of establishing a national heritage
area made the most sense to the Park Service and thankfully to
our advisory panel, unanimously as well.
A heritage area designation would meet two key tests. It
would confer national recognition on this unique place while
complementing a range of local and State initiatives underway
to preserve the Falls and spur economic development. The
special resource study, which we are now beginning to move,
will enable the Park Service to develop a framework that will
enable the region to start working to attract even more
visitors to Niagara Falls.
Currently, seven million people, on average, visit the area
annually. It will balance the preservation efforts and
environmental restoration projects in the region with much
needed economic development efforts. And, it will raise the
awareness of many historical sites in the region, like the
Niagara Reservation State Park, one of the Nation's first State
parks; and Colonial Niagara Historic District in Lewiston and
Youngstown, home of the old Fort Niagara State historic site
which the British briefly captured during the War of 1812.
I think the fact that Bernadette Castro, commissioner of
the New York State Office of Parks, Recreation and Historic
Preservation, Congressman LaFalce and John Drake of Mayor Irene
Elia's office are here today to submit testimony speaks volumes
about the energy that is emerging from the Falls. There is, for
the first time, a real feeling of hope. And we look forward,
with the Federal role, of helping make that hope become a
reality.
And with that, I'm going to call on Congressman LaFalce to
read his statement. We have a vote in 10 minutes, so if
Congressman LaFalce could take five and Congressman Simpson
could take a little less than five, I can get over there and
vote.
STATEMENT OF HON. JOHN J. LaFALCE,
U.S. REPRESENTATIVE FROM NEW YORK
Mr. LaFalce. I will try to take less than five. I ask
unanimous consent that the entirety of my statement be included
in the record, Mr. Chairman.
Senator Schumer. Without objection.
Mr. LaFalce. I had a number of thoughts when I came into
the room. My first thought when I saw you, Senator Clinton and
Senator Moynihan, boy what a terrific trio. I don't know that
any State has ever had three such talented individuals
represent them in such proximity.
Senator Schumer. Thank you.
Mr. LaFalce. My second thought was it's going to be a tough
sell to convince you to promote S. 1227 and its companion H.R.
2609, but I'll make the effort. My third thought was right now
we are debating a bill on the floor of the House, the Human
Cloning Bill, and there is a prohibition against human cloning.
And I have got to leave early to offer an exception to permit
the cloning of whatever genes give you the energy that you
have. If we could only clone your energy, wow. You certainly
have brought energy and enthusiasm to this issue, Senator
Schumer, and I thank you for it.
I'm not going to reiterate my testimony. Let me just give
you a little bit of the history. We were plagued for years with
structural deficits as far as the eye could see. There was no
Federal money. The National Park Service was cutting, cutting,
cutting. As difficult as it was within the State park system, I
was hearing worse stories about the National Park System.
But things started to change. A couple of years or so ago
Governor Pataki started showing some terrific enthusiasm about
helping the Falls out. And Bernadette Castro did too, and that
was a good sign. And then there were a few elected leaders--
Democrat and Republican--Irene Elia, Paul Dyster, both with
their PhDs, both very environmentally conscious. I started
meeting with them and most importantly I started talking with
Bruce Babbitt, the Secretary of the Interior.
And you have to understand the tremendous curiosity that
Bruce has, and his wife was a native of Niagara Falls. Her
father worked at a plant in Niagara Falls. She went to school
in Niagara Falls.
And Bruce and I both read two of the same books and we got
together to discuss them. One was ``City of Light,'' by Lauren
Belfer, all about what was going on in Niagara Falls and
Buffalo one hundred years ago. And I hope, Senator, you can
make the opening production of ``City of Light,'' at the Studio
Arena Theater this September in Buffalo. It should be
phenomenal.
Senator Schumer. I would love to.
Mr. LaFalce. The other was a book written by a Canadian,
Pierre Burton, ``Niagara.'' We discussed them. We said, ``What
could be done.'' We talked about not a national park, but a
national heritage area. That is when he put me in contact with
Jim Pepper, who came to my office in June 2000. And then
Secretary Babbitt came in in September and he rest is history.
Working with you, especially, we now are at the point where
everybody is on-board. We have a vision. We are going to make
this happen and your leadership has been invaluable in that
effort, and I thank you for it.
[The prepared statement of Mr. LaFalce follows:]
Prepared Statement of Hon. John J. LaFalce, U.S. Representative
From New York
I am pleased to be here today to express my very strong support for
S. 1227 and its House companion, H.R. 2609, bills authorizing the
Secretary of the Interior to study the suitability and feasibility of
establishing the Niagara Falls National Heritage Area in New York
State.
Formed thousands of years ago, the Niagara River and Niagara Falls,
one of the Natural Wonders of the World, have defined the history and
culture of the region that bears their name: the Niagara Region. The
Niagara River flows from Lake Erie, eventually dropping over the
American side of the Falls from heights of over 100 feet, and then
flows about seven miles from the gorge below to its mouth at Lake
Ontario.
In addition to the obvious magnificence of the River and the Falls
themselves, the Niagara Escarpment, the geological formation of
dolomite that surrounds the River, holds some of most significant
fossils of its period in the world. The region is also home to
thousands of species of flora and fauna, including threatened species.
Historically, early European settlers to the Niagara Region
established substantial associations with Native Americans, and the
area was the site of important events in the French and Indian War, the
Revolutionary War, and the War of 1812. Later, as a gateway to Canada,
the Niagara region was a major stop on the Underground Railroad for
escaping slaves.
Over time, man learned to harness the power of the waters of the
Niagara, constructing hydropower projects to generate electricity. That
abundance of electricity spurred the development of industry along the
banks of the Niagara, making the region a leader in manufacturing. The
existing Niagara hydropower project is the largest non-federally
operated project of its kind in America.
The romantic vistas of the Falls have made the City of Niagara
Falls the ``Honeymoon Capital of World.'' Today, Niagara Falls draws
almost 10 million visitors annually to witness its natural wonder.
With the development of the partnership park model represented by
the National Heritage Areas, first used in 1984, we have a significant
opportunity to bring the National Park Service, the New York State
Department of Parks, Recreation, and Historic Preservation, the City of
Niagara Falls and other area municipalities and local communities
together as partners to create a Niagara Falls National Heritage Area,
in celebration of the natural, historical, and cultural resources of
the Niagara region.
In recognition of that opportunity, in June 2000, I began a
dialogue in meetings in my office with representatives from the
Interior Department, including James Pepper, Assistant Regional
Director of the National Park Service's Northeast Region, and his
colleagues, about a possible role for the agency in Niagara Falls in
the form of a National Heritage Area.
In August 2000, I met in Niagara Falls with City of Niagara Falls
Mayor Irene Elia, Senior Planner Thomas DeSantis, and local heritage
and planning experts including Bonnie Foit-Albert, a prominent
architect, and Robert Shibley of the University at Buffalo, to discuss
how the federal government, and especially the National Park Service,
could assist redevelopment efforts Niagara Falls. The City of Niagara
Falls, in conjunction with experts including Ms. Foit-Albert and Mr.
Shibley, created a plan for the redevelopment of the Falls. These
experts have indicated that their vision could be complemented greatly
by the creation of a Niagara Falls National Heritage Area, and have
enthusiastically embraced the concept.
Pursuant to those meetings, in September 2000, I hosted a private
visit to Niagara County by then-Interior Secretary Bruce Babbitt and
his wife, Hattie, taking them on a tour of the Niagara Falls area,
without any notice to the press. Highlights of the day-long tour
included a boat trip on the upper Niagara River, a ride on the Maid of
the Mist, a guided tour of the Niagara Falls State Park, a visit to
Whirlpool State Park, and a stop at the Turtle Native American Heritage
Center. We were joined by Ed Rutkowski, New York State Parks Regional
Director; Mr. DeSantis; Paul Dyster, Niagara Falls City Councilman; and
representatives from Niagara Redevelopment, Inc., the current owners of
the Turtle. Everyone saw the possibilities presented by a partnership
effort in Niagara Falls.
Secretary Babbitt promised me that the Interior Department, after
the election to avoid any accusations of partisanship, would set aside
$25,000 for an initial study of possible National Park Service
involvement in the Falls. As a result of Secretary Babbitt's visit and
the follow-up work of Senator Schumer and myself, in January 2001, the
National Park Service made this funding official.
Just yesterday, representatives of the National Park Service came
to Niagara Falls to present a draft of the agency's findings,
recommending that Congress pass legislation, such as the bill we are
discussing today, authorizing a study of the feasibility of creating a
Niagara Falls National Heritage Area. Therefore, S. 1227 and the
companion bill I have introduced in the House represent the next,
necessary step in the process.
I look forward to continuing to work with the National Park
Service, Senator Schumer, Senator Clinton, and Commissioner Castro,
Mayor Elia, and all the federal, state, and local stakeholders to
develop a National Heritage Area in Niagara Falls. In so doing, we will
not only assist Niagara Falls in fully living up to its enormous
potential, but also help to ensure the protection and preservation of
the historical, cultural, and natural heritage of Niagara Falls for
future generations of Americans.
Senator Schumer. Well thank you Congressman for your
leadership as well as your brevity, because I know I do not
want to miss that vote. Now let me call on Congressman Mike
Simpson, the Congressman from the Second District of Idaho, who
will speak on the Craters of the Moon.
Mr. Simpson. H.R. 601.
Senator Schumer. And if you could limit your remarks to
about 3, 3\1/2\ minutes.
STATEMENT OF HON. MIKE SIMPSON,
U.S. REPRESENTATIVE FROM IDAHO
Mr. Simpson. I appreciate the fact that you have a vote on.
I know it is on agricultural spending and I want you to get
over there to vote for that.
Senator Schumer. Thank you.
Mr. Simpson. On November 9, 2000 President Clinton issued a
Presidential Proclamation 7373 to expand the boundaries of the
Crater of the Moon National Monument to include 661,000
additional acres of Federal land. Prior to this proclamation
the monument, which was established by President Coolidge in
1924, was composed of 54,000 acres. The expanded area is
managed by the Secretary of the Interior through the National
Park Service and Bureau of Land Management. The National Park
Service manages approximately 410,000 of these expanded acres
and the Bureau of Land Management about 251,000.
When the monument was expanded it was understood that
continued access to hunting would be maintained. That was the
agreement that we had with Secretary Babbitt and I believe it
was the intention that everyone had when this was originally
done. However, when the proclamation was issued hunting was
restricted in the area of the expansion managed by the National
Park Service because the Park Service historically disallows
hunting on lands under their jurisdiction, unless specifically
mandated by Congress.
So, what this bill does is allow that the areas that were
open to hunting before the expansion will remain open to
hunting. In addition, the amended bill includes language
requested by the administration to ensure that the secretary
has appropriate oversight, in cooperation and consultation with
the State of Idaho, over hunting activities within the expanded
area managed by the National Park Service.
Finally, the bill as amended designates the expanded area
under the jurisdiction of the National Parks Service as a
``national preserve,'' rather than as a ``national monument.''
That was done at the request of the minority on the House side.
Their members would rather not set the precedent of hunting in
a national monument, so they wanted to change the name to a
national preserve, which I agreed to.
This is really, as I said, establishing what we thought was
the agreement, and I would also say that this passed
unanimously in the House. It has the support of the
administration. Lastly, I would just point out that the hunting
season in the Craters of the Moon area, under the jurisdiction
of the BLM, begins in a month, on August 30, 2001. So, I would
appreciate it if the committee could give its quick
consideration of this legislation. It would be very beneficial.
I thank you for the opportunity to testify in favor of this.
[The prepared statement of Mr. Simpson follows:]
Prepared Statement of Hon. Mike Simpson, U.S. Representative
From Idaho
Mr. Chairman (Sen. Akaka is the Chairman. However, Schumer will be
chairing).
Thank you for scheduling this hearing on H.R. 601. This is an
important issue for Idaho, and I appreciate the opportunity to testify
before the Senate Energy and Natural Resources Subcommittee on National
Parks, Historic Preservation, and Recreation.
On November 9, 2000, former President Bill Clinton issued
Presidential Proclamation 7373 to expand the boundaries of the Craters
of the Moon National Monument to include approximately 661,287 acres of
additional federal land. Prior to Clinton's proclamation, the monument,
which was established by President Coolidge in 1924, was comprised of
54,440 acres.
The expanded area is managed by the Secretary of the Interior
through the National Park Service and the Bureau of Land Management.
The National Park Service manages approximately 410,000 acres of the
expansion, while the Bureau of Land Management manages the remaining
251,000 acres.
When the monument was expanded it was understood that continued
access to hunting would be maintained. However, when the proclamation
was issued, hunting was restricted in the area of the expansion managed
by the National Park Service, because the Park Service has historically
disallowed hunting on lands under its jurisdiction, unless specifically
mandated by Congress.
Under H.R. 601, areas that were open to hunting before the
expansion will remain open to hunting. In addition, the amended bill
includes language requested by the Administration to ensure that the
Secretary has appropriate oversight, in cooperation and consultation
with the State of Idaho, over hunting activity within the expanded area
managed by the National Park Service. Finally, the bill, as amended,
designates the expanded area under the jurisdiction of the National
Park Service as a ``national preserve'' rather than a ``national
monument.''
When the Idaho congressional delegation and Governor spoke with the
Secretary of the Interior regarding the Craters of the Moon expansion
we were led to believe that hunting would not be affected. However,
when the proclamation was issued it was realized that current National
Park Service regulations preclude hunting in the area of the expansion
managed by the National Park Service. Therefore, denying access to
traditional hunting grounds.
H.R. 601 is about fairness and ensuring that Idahoans are not
locked out of traditional hunting areas. H.R. 601 is supported by the
Administration and has strong bipartisan support in the House.
H.R. 601 is about establishing what we all thought was the
Agreement, including Sec. Babbitt, when the monument expansion
occurred.
The language in this bill is the result of a bipartisan effort
between minority and majority Committee Members and staff. H.R. 601 was
favorably reported out of the House Resources Committee, and passed the
House unanimously on May 1, 2001.
The hunting season in the Craters of the Moon area under the
jurisdiction of the BLM begins in a month, on August 30, 2001. If the
Committee sees fit, I would appreciate quick consideration of this
legislation.
Thank you, Mr. Chairman.
Senator Schumer. Well thank you very much. You sound like a
New Yorker.
Mr. Simpson. Yeah, we are trying to get it done fast. If
you can move it as fast as I can talk, that would be very
beneficial.
Senator Schumer. Thank you, Congressman.
Mr. Simpson. Thank you, Senator.
Senator Schumer. We are going to have a temporary recess
because I have to go vote, and then we will be right back with
our next panel.
[Recess]
Senator Schumer. The hearing will come to order. And
because we had to start the hearing late in the day, and
because we had this vote and another, in the interest of saving
everyone time we are going to combine the second and the third
panels, if that is okay with everybody? Then we will hear
everybody testify and then we will do the questions. In that
way, no one will have to wait in case there is another vote.
We are going to call up not only Mr. Galvin and Mr.
Moravec, but also Mr. Shostal, Mr. Drake, Ms. Thompson, and
Commissioner Castro, can all come forward. Okay, and I thank
each of the witnesses for being here. I'm going to ask them,
because of the time limitations, to have each witness try to
limit their testimony to five minutes maximum.
When you see the yellow light, begin to end it up. And then
we will try to get to questions. We are going to call on our
two Federal officials first, since they were on the second
panel. Then we will call on Ms. Castro, Mr. Shostal, Ms.
Thompson and Mr. Drake. So, who is gong to begin first, Mr.
Moravec or Mr. Galvin? Your choice.
Mr. Galvin. I have prepared statements on all four of the
bills before the committee, Mr. Chairman.
Senator Schumer. Without objection all your statements and
everyone's entire statement will be read into the record. So
you do not have to worry if you do not get to do all of it,
because it will be in the record.
Mr. Galvin. Since the other witnesses are all testifying on
New York bills, perhaps I should start with the non-New York
bills.
Senator Schumer. A good contrarian you are, Mr. Galvin.
STATEMENT OF DENIS P. GALVIN, DEPUTY DIRECTOR, NATIONAL PARK
SERVICE, DEPARTMENT OF THE INTERIOR
Mr. Galvin. As it pleases the Chair. On S. 1175, a bill
modifies the boundary of Vicksburg National Military Park to
include a structure in downtown Vicksburg known as Pemberton's
Headquarters. It would enable the Park Service to acquire this
property from a willing seller and administer it as part of the
park.
The bill authorizes such sums as are necessary for those
purposes. The Department supports S. 1175 with an amendment.
Pemberton's Headquarters is a nationally significant resource.
It was the headquarters of Confederate Lieutenant General John
C. Pemberton, who occupied the city during the siege of
Vicksburg from May 23 to July 4, 1863. And, in fact, it is
where he discussed plans to surrender the city to General Grant
and the Union forces on July 3.
This was the most critical campaign of the Civil War in the
West. The Union won Vicksburg on the day before it won
Gettysburg. The national significance of this building was
recognized in 1976 when it became a national historic landmark,
and its acquisition provides an opportunity to expand the
interpretation of the siege of Vicksburg and to interpret
historical events in the years immediately following the Union
victory there. It also fulfills the vision of Union and
Confederate veterans who in 1895 made the recommendation that
both Union and Confederate headquarters be included. Only Union
headquarters were subsequently.
We do have some reservations about the cost of this
addition. However, we believe--actually in the Senate, there is
$500,000 in the current appropriations bill to acquire it.
There are additional costs for preserving the building, for
stabilizing the building, and for interpreting the building.
The amendment that we recommend suggests an authorization to
include language that would require the Secretary of the
Interior to acquire property in the environs of Pemberton's
Headquarters for use for off-street parking, which is a problem
in downtown Vicksburg.
That concludes the summary of my statement on Vicksburg,
Mr. Chairman. I will proceed to Craters of the Moon, which I
can be very brief on. This is, as the other witness has said,
simply a technical correction that will allow hunting in lands
added to the monument by President Clinton's proclamation. We
support this bill and have no suggested amendments.
I would say, while the Department supports legislation to
allow continued hunting in the National Park Service portion of
the expansion area, this does not include support for opening
to hunting that portion of the monument that existed prior to
the proclamation of November 9, 2000. That portion of the
national monument has always been, and should continue to be,
closed to hunting. I would also like to clarify the
Department's position on the specific issue, it does not
indicate support for opening other areas of the National Park
System to hunting.
Niagara Falls, Mr. Chairman, we support the study. The bill
authorizes $300,000 dollars to carry out this study. Although
the Department supports enactment of this piece of legislation,
we will not request funding for the study in this or next
fiscal year, so as to focus available time on resources for
completing 42 previously authorized studies. The study would be
undertaken with the full involvement of representatives of the
State of New York, the city of Niagara Falls and other
communities along the Niagara River and interested
organizations and citizens of this community.
This, of course, is being done at the request of
Representative LaFalce, who testified earlier, and yourself,
Senator. You did reference the reconnaissance study that has
just been finished, that did recommend a study that would see
about the feasibility of establishing a heritage area here.
Congress has established 23 heritage areas in other locations.
Some of them have been very successful. I would just reiterate
what you said in your opening remarks on this bill, that
success or failure really seems to be determined by the extent
of local involvement in the management and planning of the
heritage area. And the principle purpose of this study, I would
say, would be to develop that local involvement and local
consensus on what needs to be preserved and developed in this
area that is rich in cultural resources.
We do recommend one minor change, and that is that we avoid
a specific study area boundary, which is specified in section
22. That would allow us to study the area generally and then
make recommendations on a boundary at the conclusion of the
study, as opposed to being limited to a particular area at the
start of the study.
Finally, Mr. Chairman, we have testimony on a portion of
the Governors Island bill, that is the National Park Service
has testimony on a portion. Mr. Moravec will testify on another
section of the bill. The Department of the Interior is involved
in section 4 of the bill which regards the conveyance of a
portion of the island to the National Park Service. We defer to
the General Services Administration's comments on section 5.
Section 4 clarifies the status of the 20 acre portion of
the island proclaimed a national monument by President Clinton,
by stating that it is not subject to the sale requirement of
the Balanced Budget Act of 1997. As you pointed out in your
remarks, there is an informal opinion by the Department of
Justice because of the way the proclamation was written that
says that the national monument might be subject to the
Balanced Budget Act. There is a Congressional Budget Office
interpretation that quarrels with that to some degree. But this
bill will definitely clarify the fact that the 1997 Budget Act
does not apply and that is, I think, a very desirable
amendment. The administration supports it. That concludes my
statement on Governors Island.
[The prepared statements of Mr. Galvin on S. 698, S. 1227,
S. 1175, and H.R. 601 follow:]
Prepared Statements of Denis P. Galvin F., Deputy Director, National
Park Service, Department of the Interior
s. 689
Mr. Chairman, thank you for the opportunity to appear before your
committee to present the views of the Department of the Interior on S.
689, a bill to convey certain properties on Governors Island, New York.
The Department supports Section 4 of S. 689, regarding the
conveyance of a portion of Governors Island to the National Park
Service, but defers to the General Services Administration's comments
on Section 5 regarding the conveyance of the majority of Governors
Island to the State of New York.
S. 689, the ``Governors Island Preservation Act of 2001'' would do
two things. First, Section 4 clarifies the status of a 20-acre portion
of the Island, which has been designated a national monument, by
transferring permanent administrative jurisdiction of this parcel to
the Secretary of the Interior and by stating it is not subject to the
sale requirements of the Balanced Budget Act of 1997.
Second, Section 5 would convey, notwithstanding Section 9101 of the
Balanced Budget Act of 1997, the remainder of the island to the State
of New York for no consideration. The Governors Island Redevelopment
Corporation, a subsidiary of the Empire State Development Corporation,
would administer the land conveyed to the State of New York. The
conveyance would be subject to various terms and conditions imposed
through the Act as well as other Federal laws.
Governors Island is a 172-acre island located in a spectacular
position in the heart of the New York Harbor, just off the southern tip
of Manhattan. Much of the significance of the site is because of its
location. The view from Governors Island of Lower Manhattan, of
Brooklyn and the Brooklyn Bridge, and of the Statue of Liberty and
Ellis Island are extraordinary. This site conveys as no other place
does a sense of the entire force and expanse of Greater New York and
New Jersey. It is the gateway to the commercial capital of the United
States.
The island's recorded history spans 400 years, beginning with its
use as a fishing camp for the Manahatas Indians, as an estate for Dutch
Governors of New Netherlands, as a lumber stand, pasture for raising
cattle and goats, quarantine island, and game preserve. By the late
1600s, fortification of New York Harbor was urged by the colony's
English rulers, and Governors Island was considered a key strategic
point.
In 1776, General George Washington, recognizing its strategic
value, established a battery there, along with batteries at other key
locations in New York Harbor. Of obvious critical strategic
significance to the defense of New York in the Revolutionary War and
the War of 1812, Governors Island later played an important role in the
Civil War and World War I and II. The United States Army occupied the
island until 1966. At that time it became the base of operations for
the U.S. Coast Guard's Atlantic Area Command and Maintenance and
Logistics Command, Atlantic. In 1997 the U.S. Coast Guard ceased
operations on Governors Island. On January 19, 2001, former President
Clinton established the Governors Island National Monument by
Presidential Proclamation. The 20-acre monument includes two historic
forts, Castle Williams and Fort Jay.
Castle Williams and Fort Jay, the dominant features of the
Governors Island National Monument, are individually listed on the
National Register of Historic Places, are New York City Landmarks, and
are contributing features within the larger Governors Island National
Historic Landmark District. Fort Jay and Castle Williams were erected
over a fifteen-year period (c. 1796-1811) as part of the First and
Second American Systems of Coastal Fortification. Both retain a high
degree of historical integrity and represent the two major types of
defense structures built and in use from the Renaissance Period to the
Civil War.
Fort Jay, a classic, four-bastioned fortification, was first
constructed in the 1790's and later rebuilt in masonry and expanded
between 1806-09. A distinctive feature of the fort is the quadrangle of
colonnaded Greek Revival-style barracks that was built on the interior
in the 1830s. Fort Jay represents the end of a three hundred-year
tradition of bastion fortifications. Its low-profile design was
intended to present as little wall as possible to enemy fire. The
predominantly open landscape around the fort is a key element to the
fort's significance because it retains a sense of how the fort appeared
when originally constructed. Fort Jay has been well maintained and is
one of the best examples of its kind in the country.
Castle Williams, built between 1807 and 1811, was the prototype in
this country for a harbor-oriented defense that could present as much
concentrated firepower as possible. In stark contrast to Fort Jay, the
walls of Castle Williams are high and fully exposed, a form reminiscent
of a medieval castle. The exterior of Castle Williams is unchanged, but
its interior contains extensive modifications associated with its later
use as an army prison. Its integrity as a fortification remains high
and its solid eight-foot thick masonry walls rendered it virtually
indestructible. Castle Williams is considered by certain scholars to be
the finest and most important example of its type in American coastal
fortifications.
The National Park Service manages a majority of decommissioned
military installations and fortifications, including Castle Clinton on
the southern tip of Manhattan and Fort Wood on Liberty Island, now the
base of the Statue of Liberty. Gateway National Recreation Area
includes key portions of Fort Wadsworth at the Verrazano Narrows and
Forts Tilden and Hancock at the entrance to New York Harbor. The
fortifications on Governors Island were an integral component of this
network and historically were the geographic and administrative center
of New York Harbor's defenses.
Over the past several years, the U.S. Coast Guard and General
Services Administration (GSA) have developed several valuable
inventories, reports, and plans for Governors Island, and have
conducted an extensive public review of the future use of the island.
These documents include the ``Governors Island Preservation and Design
Manual,'' a land use study, including comprehensive land and facility
assessment, an environment impact statement, archaeological assessment,
and other important information needed for the future planning and
management of the monument and island. During GSA's public review
period, there was widespread public testimony favoring park
establishment and preservation of historic resources. Subsequently, the
National Park Service addressed feasibility and operational issues
during a weeklong workshop.
There continues to be widespread local and state support for this
national monument. On January 19, 2001, former President Clinton
established a Governors Island National Monument by Presidential
Proclamation. On March 28, 2001, Interior Secretary Gale Norton sent
some 200 letters to local elected officials of all political
affiliations seeking their ideas on proper and appropriate land use
plans for the national monuments that had been created in 2000 and
2001.
To date, all letters received regarding the Governors Island
National Monument have been overwhelmingly positive. The Secretary and
our Northeast Regional Office have received letters from the Governor
of New York, several State Assembly leaders, New York City Community
Boards, the City Council, and the Governors Island Group, a coalition
of twelve New York City preservation groups. We would be pleased to
provide these to the subcommittee to be made part of the hearing
record.
Section 4 of S. 689 would transfer administrative jurisdiction for
the monument from GSA to the National Park Service. The bill would make
it clear that the monument is not subject to the sale requirements of
the Balanced Budget Act of 1997. We believe this legislation will
eliminate any remaining questions and assure the permanent preservation
and protection of the historic fortifications on Governors Island while
making them accessible to the public.
Section 5 of S. 689 is the conveyance of the majority of Governors
Island to the State of New York. The State would have the primary
responsibility for the island's redevelopment, operation and
maintenance. We defer to the General Services Administration on those
aspects of this legislation.
We recommend only one minor amendment to this bill, and that is for
GSA to assign a date or GSA file number for the ``Governors Island
Preservation and Design Manual,'' to clarify which version of the
guidelines apply.
Governors Island is a national treasure. S. 689 would provide the
National Park Service the authority and resources to properly
administer the national monument and to work with the State and City of
New York to ensure that the island remains a treasure for all the
American people.
This completes my statement. I will be happy to answer any
questions the committee may have regarding this matter.
s. 1227
Mr. Chairman, thank you for the opportunity to appear before your
committee to present the views of the Department of the Interior on S.
1227, a bill to authorize the Secretary of the Interior to conduct a
study of the suitability and feasibility of establishing the Niagara
Falls National Heritage Area in the State of New York. The bill
authorizes $300,000 to carry out this study. The Department supports
enactment of this bill with one recommended amendment.
Although the Department supports enactment of this piece of
legislation, we will not request funding for this study in this or the
next fiscal year, so as to focus available time and resources on
completing previously authorized studies. As of now, there are 42
authorized studies that are pending, and we only expect to complete a
few of those this year. We caution that our support of this legislation
authorizing a study does not necessarily mean that the Department will
support designation of this heritage area. The study would be
undertaken with the full involvement of representatives of the State of
New York, the City of Niagara Falls, other communities along the
Niagara River, and interested organizations and citizens in the region.
At the request of Representative John J. LaFalce and Senator
Charles E. Schumer, representatives of the National Park Service
undertook reconnaissance visits to Niagara Falls this year and met with
state and local officials and representatives of interested
organizations. These preliminary findings indicate that a national
heritage area feasibility study could be justified.
The Niagara River flows for 35 miles between Lake Erie and Lake
Ontario and includes the rapids, Niagara Falls, and the Niagara River
Gorge. Eight parks operated by the State of New York are located along
the river and within the gorge. The river forms a boundary between the
United States and Canada.
Niagara Falls is an internationally significant natural resource
that attracts between 8 to 10 million visitors a year. It is one of the
most well-known destination attractions in the United States and
Canada. The Niagara River Gorge is an exceptionally scenic corridor,
carved by the movement of the falls from its original location near
Lewiston, New York (10,000 to 15,000 years ago) to its present location
10 miles upstream at the City of Niagara Falls. Besides its scenic
values, the gorge has been cited as a world-class location of fossils
from the Upper Ordovician and Silurian periods.
The Niagara River region contains a wide variety of flora and
fauna. Recent inventories completed for the Canadian Niagara Escarpment
Commission identified 1,623 plant species including unique miniature
old growth eastern white cedars. The commission's fauna inventories
also include 50 mammal species, 17 amphibian species, 99 fish species,
and 17 species of reptiles. Bird inventories identify 342 species
including 19 separate species of gulls. One-day counts of gull
populations have reached over 100,000 individuals. In recognition of
this critical habitat, the National Audubon Society has designated the
Niagara River as a Globally Important Bird Area.
The region is also rich in cultural resources related to the
history of the United States and Canada. It has significant
associations with Native American habitation and early European
contact, the French and Indian War, the American Revolution, and the
War of 1812. It was also a major link in the Underground Railroad for
African Americans escaping slavery to enter Canada. The existence of
ample water made it an early site for hydroelectric power, and it
remains an important source to this day.
There is well-known national interest in the resources of the
region. Three National Historic Landmarks have been designated along
the Niagara River. The Adams Power Transformer House, built in 1895, is
the only surviving structure of a hydroelectric facility that has been
called, ``the birthplace of the modern hydroelectric power station.''
The Niagara Reservation, which includes the American Falls, was the
first state park in the nation created under eminent domain, and
originally designed by Frederick Law Olmsted. The Colonial Niagara
Historic District, within the communities of Lewiston and Youngstown,
was a key portage route linking interior North America and the Atlantic
seaboard until the late 1700s. It also contains extant resources
associated with Native American occupation and early European contact.
Historic Fort Niagara on the shore of Lake Ontario is an important
component of the district. Within the City of Niagara Falls and the
communities of Lewiston and Youngstown there are 14 sites listed on the
National Register of Historic Places.
The National Park Service has defined a national heritage area as a
place designated by Congress where natural, cultural, historic and
scenic resources combine to form a cohesive, nationally distinctive
landscape arising from patterns of human activity shaped by geography.
It is not the role of the National Park Service to manage or regulate a
national heritage area, but to assist the variety of local partners and
landowners who work together to achieve the common goal of protecting
and interpreting important places where people live and work.
Despite the richness of the natural and cultural resources in the
area, there is widespread belief that the United States side of the
falls has never fully achieved its tremendous potential for visitors
and for the local communities. A heritage partnership framework has
been advocated as a way for the many important partners in the region
to further the contribution of the Niagara Falls region to the United
States and to the people of New York. We have found considerable
support for this idea. The study would permit us to consider the
opportunity further, and determine if a partnership framework is the
best way to protect natural and cultural resources in the region.
We would recommend one amendment to the bill to provide maximum
flexibility with regard to the study area. Currently, Section 2(2)
unnecessarily defines the study area as the segment of the Niagara
River in Niagara County, New York that extends from Niagara Falls to
the mouth of the Niagara River at Lake Ontario. The National Park
Service study process provides for developing a focused study area
addressing the full assemblage of resources relating to the potential
heritage area themes, and including the strongest range of capable and
enthusiastic partners. This approach permits an area to be focused
enough to be manageable, but broad enough to include the key partners
and resources necessary. We recommend that Section 2(2) be amended to
avoid a specific study area boundary at this time to allow us to focus
on all resources specifically related to the Niagara Falls theme and
area.
Mr. Chairman, the Administration supports this bill with the
recommended amendment. It provides an opportunity to investigate the
feasibility of establishing a national heritage area associated with
one of the nation's most important and best-known natural resources. We
look forward to working in close partnership with the State of New
York, the City of Niagara Falls, and the communities and organizations
within the Niagara Falls region to explore the possibility of national
heritage area designation.
Thank you for the opportunity to comment. This concludes my
prepared remarks. I would be glad to answer any questions that you or
the members of the committee may have.
s. 1175
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 1175, which would modify the
boundary of Vicksburg National Military Park in Vicksburg, Mississippi,
to include the property known as Pemberton's Headquarters. S. 1175
would enable the National Park Service to acquire this property from a
willing seller and administer it as part of the park. The bill
authorizes such sums as necessary for this purpose.
The Department supports S. 1175, with an amendment. Pemberton's
Headquarters is a nationally significant resource that is well-suited
for use as a visitor site, and its inclusion in Vicksburg National
Military Park would enable the National Park Service to add an
important dimension to the interpretation of Civil War and post-Civil
War events in the Vicksburg area.
Pemberton's Headquarters is the building that Confederate Lt.
General John C. Pemberton occupied during the siege of the city of
Vicksburg led by Union Major General Ulysses S. Grant from May 23 to
July 4, 1863. It was in this building that Pemberton held a council of
his chief officers on July 3, 1863 to discuss plans for surrender of
the city, which occurred the following day. The campaign for Vicksburg
is considered by many military historians to have been the most
critical campaign of the Civil War, as it severed the Confederacy
geographically and cut vital supply lines to the Confederate states and
thus was pivotal in bringing about the Confederacy's defeat.
The national significance of Pemberton's Headquarters was
recognized through its designation as a National Historic Landmark in
1976. The building, which was constructed from 1834-1836, is located in
Vicksburg's historic district. It is adjacent to Balfour House, which
served as the headquarters for the Union occupation forces following
the surrender and is open to the public. And, it is four blocks from
the historic Warren County Courthouse, where the military
administration of the occupied city was conducted through
Reconstruction. A visitor site at this location would give the National
Park Service the opportunity not only to expand its interpretation of
the siege of Vicksburg, but also to interpret historical events in the
years immediately following the Union victory there. It would help the
service fulfill legislation passed by Congress in 1990 calling on the
park to ``interpret the campaign and siege of Vicksburg from April 1862
to July 4, 1863, and the history of Vicksburg under Union Occupation
during the Civil War and Reconstruction.''
Acquisition of Pemberton Headquarters for inclusion in Vicksburg
National Military Park would also fulfill the vision of the Union and
Confederate veterans who, in 1895, petitioned Congress to establish a
national military park at Vicksburg similar to those previously
established at Chickamauga and Chattanooga, Antietam, Shiloh, and
Gettysburg. Those veterans recommended that the headquarters of both
Union and Confederate commanders be included in the park. However,
while the site of Grant's headquarters was included in the park, that
of Pemberton's was not due to the objections of the then-owner of the
property. The current owner, who has used the building for a bed-and-
breakfast in recent years, would now like to sell the property to the
National Park Service so that its place in history will be secure.
As you know, the Department is committed to the President's
priority of eliminating the National Park Service's deferred
maintenance backlog and is concerned about the development and life-
cycle operational costs associated with expansion of parks already
included in the National Park System. With that in mind, we have some
concerns about the ability of the National Park Service to assume the
costs of acquiring, preserving, and operating the Pemberton
Headquarters property within current budget constraints.
The National Park Service has not yet done an appraisal of the
property, but the agency's land acquisition experts have estimated that
it might cost as much as $700,000 to acquire. The service also does not
have an estimate of the cost of preserving the building and the grounds
and making the site accessible to visitors. Stabilizing the building
alone would cost an estimated $228,000, but the cost of more extensive
preservation would need to be determined through studies. Those studies
would cost an estimated $191,000. The service has made a preliminary
estimate that the cost of operating and maintaining the site would be
approximately $425,000 annually, but actual costs would depend on a
number of unknown factors, including the extent of preservation done on
the site.
The Department recommends that S. 1175 be amended to include
language that would authorize the Secretary of the Interior to acquire
property in the environs of Pemberton's Headquarters to use for off-
street parking, as well as related visitor or administrative
facilities, as no off-street parking currently exists at the site. This
would increase acquisition, development, and operational costs of the
site. We would be pleased to work with the committee to develop an
amendment for that purpose.
Mr. Chairman, that concludes my statement. I would be pleased to
answer any questions you or other members of the Subcommittee may have.
h.r. 601
Mr. Chairman, members of the subcommittee, I appreciate the
opportunity to appear before you today to present the views of the
Department of the Interior on H.R. 601, a bill to redesignate certain
lands within Craters of the Moon National Monument:
The Department supports H.R. 601. The House-passed bill would
redesignate the NPS portion of the monument expansion as a national
preserve and authorize the Secretary to permit hunting on those lands.
The effect, therefore, would be to restore hunting to lands on which it
had been allowed when they were under the jurisdiction of the Bureau of
Land Management. Designation as a national preserve is appropriate in
this case because the category was established for units of the
National Park System that are created primarily for the protection of
certain resources, while activities such as hunting may still be
allowed if they do not jeopardize the natural values.
Craters of the Moon National Monument was established by
Proclamation of President Calvin Coolidge in 1924 for the purpose of
protecting the unusual landscape of the Craters of the Moon lava field.
This unusual landscape was thought to resemble the surface of the Moon
and the Proclamation stated that the area ``contains many curious and
unusual phenomena of great educational value and has a weird and scenic
landscape peculiar to itself.'' Between 1924 and 1962, the monument was
expanded and boundary adjustments were made through four presidential
proclamations. In 1996, a minor boundary adjustment was made by section
205 of the Omnibus Parks and Public Lands Management Act of 1996 (110
Stat. 4093; Public Law 104-333). On November 9, 2000, Presidential
Clinton's proclamation expanded the 53,440-acre monument by adding
approximately 661,287 acres of federal lands.
The expanded monument includes almost all the features of basaltic
volcanism, including the craters, cones, lava flows, caves, and
fissures of the 65-mile long Great Rift, a geological feature that is
comparable to the great rift zones of Iceland and Hawaii. It comprises
the most diverse and geologically recent part of the lava terrain that
covers the southern Snake River Plain, a broad lava plain made up of
innumerable basalt lava flows that erupted during the past 5 million
years.
Prior to the recent proclamation, Craters of the Moon National
Monument was managed solely by the National Park Service. The expansion
area of the monument, however, consists of lands that had been
administered by the Bureau of Land Management. The proclamation gives
both agencies responsibilities for administering the monument
cooperatively. The National Park Service has the primary management
responsibility for the old monument, plus the approximately 400,000-
acre portion of the expansion area that consists of exposed lava flows.
The Bureau of Land Management is responsible for administering the
remaining portion of the monument.
The proclamation specified that the NPS portion of the monument
expansion is to be managed under the same laws and regulations that
applied to the original monument. Since hunting has not been authorized
in the original Craters of the Moon National Monument, the effect of
the proclamation was to prohibit hunting in the NPS portion of the
monument expansion. However, the Department supports a clarification of
this language to allow the continued use of the lands in the expanded
monument area for hunting. Hunting in the portion of the monument
administered by the Bureau of Land Management is not affected.
Furthermore, although the proclamation specifies that the National
Park Service has jurisdiction over the exposed lava flows, the on-the-
ground reality is that there is not a precise delineation between areas
of vegetation and areas of bare rock, making it difficult in many cases
to determine the exact location of the boundary. For the average
visitor or hunter, it would be difficult, if not impossible to
distinguish whether they were on BLM lands or NPS lands, at least in
the vicinity of the jurisdictional boundaries.
The Department also recognizes that legislation to provide the
authority for hunting within the NPS-managed portion of the monument
expansion would give the Superintendent the ability to work
cooperatively with the State of Idaho on issues concerning adjacent
landowners. For example, hunting could be used as a tool in mitigating
agricultural depredation caused by elk grazing on alfalfa crops on
privately owned lands outside the monument.
While the Department supports legislation to allow continued
hunting in the NPS portion of the Craters of the Moon expansion area,
this does not include support for opening to hunting the portion of the
monument that existed prior to the proclamation of November 9, 2000.
That portion of the national monument has always been, and should
continue to be closed to hunting. In addition, I would like to clarify
that the Department's position on this specific issue does not indicate
support for opening other areas of the National Park System to hunting.
This concludes my testimony on H.R. 601. I would be glad to answer
any questions you may have.
Senator Schumer. Well thank you, and very much appreciate
the administration's support for that part of our proposal,
which is very welcome and new to me. And I want to make sure
Commissioner that I pronounce your name correctly, it is
Moravec?
Mr. Moravec. Very well done--Moravec.
Senator Schumer. So we have Commissioner F. Joseph Moravec.
He is the Commissioner of Public Buildings of GSA.
STATEMENT OF F. JOSEPH MORAVEC, COMMISSIONER OF PUBLIC
BUILDINGS, GENERAL SERVICES ADMINISTRATION
Mr. Moravec. Good afternoon, Mr. Chairman. My name is Joe
Moravec and I am the Commissioner of General Service
Administration's Public Buildings Service. Thank you for
inviting me here today to discuss S. 689 and the status of
Governors Island.
Located in New York Harbor, only one half mile off the
southern tip of Manhattan, Governors Island is a truly unique
facility comprised of 172 acres improved by 225 buildings
comprising about 3 million square feet. Half of the island is
designated as a National Historic District, with architecture
dating back to the 18th and 19th centuries. The island was home
to the U.S. Army until 1966 when the U.S. Coast Guard took
possession of the island for its Atlantic Command Headquarters.
For over 30 years the Coast Guard occupied the island, and
in 1995 they announced that they would vacate. In 1996 the
Coast Guard's residential components began to leave, and in
1997 its operational units left. With funding provided by GSA,
the Coast Guard provides a caretaker detachment to protect and
maintain the island. Tom Denehey, a Coast Guardsman who is in
charge of that effort, is really doing a superb job and I am
pleased to report that the island is in good to excellent
condition throughout. I've been there myself and can report
that to you personally.
Since fiscal year 1998 GSA has expended between $6 and $10
million dollars per year to protect and maintain the island.
Coast Guard's maintenance of this historic facility recently
garnered special recognition by the New York State Parks and
Recreation Department at its annual award ceremony in May 2000.
The Balanced Budget Act of 1997 requires that the island be
disposed of at fair market value no earlier than fiscal year
2002. It also states that before a sale is made that the State
of New York and the city of New York shall be given the right
of first offer to purchase all or part of Governors Island at
fair market value.
Therefore, over the last 4 years we have been actively
collaborating with the State of New York, the city of New York,
community groups and local citizens on the reuse of Governors
Island. Thus far, we have completed a land use study, an
environmental impact statement consistent with NEPA, a Fair
Market Value Appraisal and a Historic Design Manual.
Representatives of the State and the city participated with GSA
and played a key role in developing the current planning
documents.
To better educate and inform the public about the island,
we offer monthly tours. We have also arranged for special tours
for the Regional Plan Association, the Metropolitan Museum of
Art and other interested organizations. Through an open, public
process we have made the necessary preparations for a disposal
by the end of fiscal year 2002, consistent with existing law.
Through several formal letters, two major conference calls
and numerous telephone conversations with the city and the
State, we have kept the lines of communication open with the
city. I would like to add that this Thursday representatives of
Governor Pataki's office will be meeting with GSA people in
Washington in continuance of this process. As I understand the
proposed law, the Governors Island Preservation Act of 2001,
portions of the island not included in the national monument
designation would be conveyed at no cost from GSA to the State
of New York. While my options are limited under current law, I
will faithfully carry out any and all duly enacted statutes.
This concludes my prepared statement. Of course, I am
available to answer any questions.
Senator Schumer. Thank you, Mr. Moravec. And now, we have
Ms. Bernadette Castro, who has done an excellent job as our
leader on our parks issues. And I want to make sure I get her
exact title correct, because it is not just called parks. She
is the commissioner of the Office of Parks, Recreation, and
Historic Preservation, and done a great job, and we are glad to
see you here, commissioner.
STATEMENT OF BERNADETTE CASTRO, COMMISSIONER, NEW YORK STATE
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
Ms. Castro. Thank you so much, Mr. Chairman, for this
opportunity. And, in the interest of time, I think that,
certainly, I share your opening remarks about Niagara Falls as
a potential national heritage area. They were very well put,
and I think that Senator Clinton and Congressman LaFalce, and
Mr. Galvin, thank you for your remarks. We in New York State
certainly concur, and we are looking forward to a partnership
with the Federal Government and the National Parks Service, as
it relates to a possible national heritage area for the Niagara
Falls region.
You stated earlier, as did Congressman LaFalce, that
Governor Pataki has really done a lot in the last several
years. I mean, we are talking $42 million of start projects; we
are talking $5.2 million for the creation of, really, an
economic zone under the auspices of Chairman Gardano of Empire
State Development. A lot is happening. We are the stewards of
eight parks along the Niagara River, six of them being in the
area that we hope will be a national heritage area, beginning
with the natural wonder of one of the greatest sites in the
world, Niagara Falls--the great Olmstead, Frederick Law
Olmstead Park, Niagara Reservation or, we like to call it,
Niagara Falls U.S.A., on our side of the river.
We have the beautiful American rapids; we have so much
going for us in a natural way. But the whole community, where
the National Park Service can really be a big help--and this is
why we thank you for your support. It is a bipartisan effort,
which is a wonderful way to start off. And, you know, we are
looking forward to the Park Service's expertise and linking of
the community. We love being stewards of our parks and historic
sites, but when it comes to linking the community on an
international level, I mean, we are talking about Niagara
Falls; we have people from all over the world. In our park
alone, we see eight million visitors a year. That is more than
Yellowstone and Yosemite combined, on an annual basis.
But the visitors do not stay long enough. So we are doing a
lot to correct that from a parky point of view, if you will.
There is going to be an eight-mile adventure hike; there is
going to be a wonderful new bike path, Senator. And we do hope
that you will join us for a bike ride.
Senator Schumer. Put me down.
Ms. Castro. Yes, I am going to put you down. I am going to
search for a $75 bicycle, by the way, to be sure it is
ethically within our guidelines. But I would love to have you
start a bike ride and tour like you did in your home district
of Brooklyn, your old home district, your hometown. So we are
fully supportive of this partnership. We think it can work. We
do believe that State Parks and Governor Pataki, at Governor
Pataki's direction, want it to work. We need Federal help. We
believe that if we have this designation, there can be Federal
dollars that will come to the region.
And Niagara Falls has a tremendous amount of potential. In
fact, ironically, there was another recent New York Times
article that said some of the buildings, some of the sort of
funkiness, if you will, is hot right now. The design editor of
the New York Times is asking people to revisit Niagara Falls.
So I think we have unlimited potential. We need this
partnership; we need the $300,000 as well, Mr. Galvin. I think
you need it; the Park Service needs it. We also need it to be
done in 18 months. Three years is a long time. We need it, and
we need it fast.
[The prepared statement of Ms. Castro follows:]
Prepared Statement of Bernadette Castro, Commissioner, New York State
Office of Parks, Recreation and Historic Preservation
Thank you Chairman Akaka, Senator Schumer and the other members of
the subcommittee for this opportunity to comment on S. 1227,
legislation authorizing the Secretary of the Interior to conduct a
study of the suitability and feasibility of establishing the Niagara
Falls National Heritage Area.
The Niagara Falls area is a community rich in history, cultural
resources and dramatic natural wonders. Through the leadership of
Governor George E. Pataki, New York State has and will continue to make
significant investments in spurring economic revitalization in the
area. We are here today to advise the committee that we view the
proposal for the creation of a Niagara Falls National Heritage Area as
an extension of the state's efforts. We very much appreciate the
bipartisan effort that has led us to this federal legislative proposal.
The gateway to the Niagara area is Niagara Reservation State Park
which contains Niagara Falls, a National Natural Landmark of
international significance. Niagara Reservation is the oldest
continuously operated state park in the nation; a park that was
established by state action in 1885 to ensure that it would be enjoyed
by all for generations to come; a park that was created through the
vision of Frederick Law Olmsted and a facility which each year sees
more visitors than Yosemite and Yellowstone National Parks combined.
Niagara Reservation State Park is a flagship park and one to which we
have committed significant capital and operating improvements as part
of an overall state vision for the area.
Over the past several years, Governor George E. Pataki has
announced $45 million dollars for state projects in Niagara Region
state parks aimed at improving visitor satisfaction. This funding will
support projects which will improve access to the park as well as to
the lower gorge; create an eight mile Great Gorge Railway Trail;
transform the Schoellkopf Museum into a Niagara Gorge Discovery Center;
restore the historic Olmsted landscape on Goat Island; provide new
directional and interpretive signage throughout the park; funding for
new alternative fuel trolleys and increase the operating staff
available to serve the public. In all, there are 15 separate projects
that we are currently undertaking to improve the visitor experience at
this park and the other park facilities, which we operate in the area.
In addition, the Governor has also recommended in the Executive
Budget $5.1 million for USA Niagara Development Corp Inc., a subsidiary
of Empire State Development Corporation whose sole mission is the
support and promotion of economic development and revitalization in
Niagara Falls. The Governor has also accelerated state aid to the City
and provided supplemental state assistance. Other state agencies have
also committed tens of millions of dollars to the area including
transportation infrastructure improvements.
State Parks has ample experience in developing heritage area plans.
Some of our state heritage areas date to the early nineteen eighties
and may have served as models for the national heritage area program.
Some have just recently been completed. We also are working in a
cooperative fashion with the National Park Service on plans for the
Hudson River Valley National Heritage Area and a plan that is in its
infancy for the Erie Canalway National Heritage Area. We know first-
hand that plans of this nature can provide for the protection and
promotion of cultural and natural resources and create expanded
economic opportunities in communities through historic preservation and
expanding heritage tourism, the fastest growing segment of the tourism
industry. Most importantly, such plans can overcome the identified
weaknesses of numerous past plans for the Niagara area by better
involving the private sector and bringing new resources to the area. We
look forward to a continued working relationship with our colleagues in
the National Park Service.
New York State Parks very much wants to improve the connection
between our park facilities and the surrounding communities. This is
particularly true for the City of Niagara Falls. Each year, over 8
million visitors come to Niagara Reservation. Our interest is to not
only attract park visitors but to keep them in the area. We want them
to spend more time in the city and to enjoy other cultural resources in
the area such as Old Fort Niagara State Historic Site, Artpark and the
Lower Landing Archeological District in Lewiston. A National heritage
area plan and subsequent federal funds will help us accomplish that
goal.
The Governor is committed to revitalizing the Niagara Falls area
through all these initiatives. The State is a diligent steward of
Niagara Falls Reservation State Park and we appreciate the National
Park Service agreeing with this assessment. Our interest in this
legislation is based on what it can do for the City of Niagara Falls
and the greater Niagara Community: how it can build linkages between
the park and the city; how it can fill the gap between parks with an
enriched visitor experience and broaden that experience; and how it can
connect Niagara Falls with Fort Niagara State Park and fill in the
miles between with an unmatched tourism experience. We welcome the
resources and expertise of the National Park Service to assist the
state and local communities in achieving these goals.
In relation to the language of S. 1227, I note that the legislation
provides three years for the study to be completed. I would recommend
revising that reporting date. The Niagara Falls community needs
expanded economic opportunity now, and we must act as expeditiously as
possible. Considering how quickly our state efforts are moving forward,
I would like to see that study completed one year from enactment.
However, ensuring that the study is completed within 18 months may be
acceptable.
I thank you once again for this opportunity to share with you the
comments and support of the Office of Parks and the State of New York
on Senate Bill 1227.
Senator Schumer. Well, thank you, commissioner. And let me
just say, I agree with you. Mr. Galvin talked about the Park
Service. That is their view, but we in the Senate have
earmarked some money for this, and I know Congressman LaFalce
will work for it to be done there. And the idea, I think, when
the question period comes, I will ask Mr. Galvin about the
ability of speeding this up a little bit.
Let me change the order a little bit and take the two
witnesses from Niagara Falls first, and then the two witnesses
from the Governors Island perspective. So let me introduce John
Drake. John is the director of community development of the
city of Niagara Falls. His boss, Mayor Elia, who's been
mentioned by both Senator Clinton, Congressman LaFalce, as well
as myself, is a really enthusiastic supporter. And we thank
you, Mr. Drake, for coming.
STATEMENT OF JOHN C. DRAKE, DIRECTOR OF COMMUNITY DEVELOPMENT,
CITY OF NIAGARA FALLS, NY
Mr. Drake. On behalf of Dr. Irene Elia, the mayor of the
city of Niagara Falls and the city council, we would like to
thank you, Senator Schumer, for pursuing the initiative. In the
bill, S. 1227, we would like to thank Senator Akaka and Senator
Thomas for allowing us to present testimony before the
subcommittee.
To properly place Niagara Falls in an historic setting, you
have to remember that Niagara Falls has a significant worldwide
reputation as a natural scenic resource. The visionaries of the
Free Niagara Movement, one of the first environmental movements
in this country in the late 1800's, secured the falls as a
special place to preserve for nature, and were the first to
establish a Niagara vision. It is the vision for Niagara that
captured the imagination of people and compelled them to act.
Frederick Law Olmstead articulated that vision in the first
State park in the country.
New York State Parks, especially under Commissioner Castro,
has provided a great deal of assistance to us and to provide
greater access to the natural environment of the falls and the
gorge. Niagara Falls is truly unique in multiple ways. And
although the Federal study did a great job, I would just like
to impress on you the importance of Niagara Falls in the
history and geology of the world.
The gorge 8 miles from the falls is a unique eco-system.
The trees in the gorge have been found to be up to 1,200 years
old, live trees. The gorge is also one of the largest natural
whirlpools in the world. Historically, we have been involved in
almost every major aspect of the growth of this country. As the
land of the Senecas, it was first felt by the French trappers
and explorers of the early 1700's. Samuel Champlain and LaSalle
built the--that explored the upper Mississippi. That was one
half mile from where I live, actually, on Niagara River.
The Fort at Youngstown has been held by the French,
British, and Americans for over 300 years. They mention John
Jay. This was Jay treaty fort. And the areas and the sites of
many of the major battles--War of 1812, the French and Indian
War. Fort Niagara was fortified again to protect us against
possible Canadian invasion during the Civil War. And it was the
last stop on the Underground Railroad on the way to freedom in
Canada.
Not just political history is made in Niagara Falls;
economic history as well. Our area was the birth of the large-
scale electric hydro production that harnessed the power of
Niagara. And actually, it was the Silicon Valley of the 1900's,
with the birth of the electro-chemical industry, aluminum
industry. It was the boom times. In 1900, Buffalo was the
eighth largest city in the United States. I think in the
report, they mention Buffalo-Niagara is now down to somewhere
around 53rd.
Unfortunately, the city has experienced a gradual decline
in its once broad industrial base, and it has also paid the
price for its role as a pioneer in electro-chemicals. The
population of our city, which was once over 100,000, currently
stands at 55,000. We are also widely known as the site of Love
Canal, which warned the country of the downside of past
industrialization.
The historic national prosperity of the 1990's bypassed
Niagara Falls completely. Recently, a new awareness is
developing that the real future of Niagara is linked to its
geological, environmental, and historic uniqueness. Much like
the movement in the 1890's, the Free Niagara Movement, citizen
groups have mobilized to gain better access to the gorge, now
separated by a four-lane expressway of a bygone era.
The city, now partnered with the State through Commissioner
Castro, has attempted to provide greater access to the gorge
and improve pedestrian and bike access to this wonder. The
State is creating a bike path on the lower river. The city of
Niagara Falls is creating a bike path on the upper river, which
is a joint cooperation with the State Power Authority and State
DOT. So it is a collaborative effort on everybody's part to
create this new vision for Niagara.
The State corporation, U.S.A. Niagara, as announced by
Governor Pataki, set up a 197 acre special zone in downtown
Niagara Falls, adjacent to the park, and has made a commitment
of $100 million to the effort. This is an area of failed
development, failed urban renewal, and looks over at Niagara
Falls-Ontario, which has seen over a billion dollars in new
development in recent years. The Governor has also proposed
Seneca Nation gaming in the zone.
We are not speculating on what the positive impact of this
bill could be, and the possible impact of a national heritage
corridor--the feasibility study. We just have to look across
the border. The Canadian government, provincial government, and
the city of Niagara Falls have done a great job in
collaborative efforts. We feel that ourselves, with a new
vision, the State of New York through Commissioner Castro's
office, and the Federal Government through the National Park
Service can recreate a new Niagara that will rival the glory of
our bygone era.
[The prepared statement of Mr. Drake follows:]
Prepared Statement of John C. Drake, Director of Community Development,
City of Niagara Falls, NY
My name is John Carl Drake and I am the Director of Community
Development for the City of Niagara Falls, NY. On behalf of Mayor Irene
Elia and the City we would like to thank Senator Schumer for pursuing
this initiative investigating the possibility of a Niagara Falls
National Heritage Corridor in Bill S. 1227. We thank Senator Akaka and
Senator Thomas for allowing the City to present testimony before the
Subcommittee on National Parks.
A 1992 planning document by Sasaki Associates stated ``Niagara
Falls and the surrounding area has a significant worldwide reputation
as a natural scenic resource and event. The visionaries of the ``Free
Niagara Movement'' of the late 1800's secured the Falls as a special
place to be reserved for nature, and were first to establish a Niagara
``vision''. It is this vision for Niagara that captured the imagination
of people and compelled them to act. Fredrick Law Olmsted articulated
that vision for the first state park in the country (The Niagara
Reservation).'' The New York State Parks has recently taken steps to
expand the vision of Niagara articulated by Olmsted and has taken an
active role under Commissioner Castro to provide greater access to the
unparalleled natural environment of the Falls and the Gorge.
Niagara Falls is truly unique in multiple ways, it is a natural
phenomenon located in an urban setting, it is one of the most widely
recognized wonders both nationally and internationally. Two countries,
Canada and the United States, share this attraction. It has been
estimated that combined visitation on both sides of the border is close
to 15 million annually.
Niagara is more than just the Falls. The Gorge extending 8 miles
from the Falls to Lewiston is a unique ecosystem. Trees in the Gorge
have been found to be up to 1,200 years old. The gorge also has one of
the largest naturally occurring whirlpools in the world. Historically,
this land of the Iroquois has been important in the development of the
country. The first French explorers and trappers came to the region in
the early 17th century. Samuel Champlain De LaSalle built the Griffin
in Niagara Falls that he used to first explore the Mississippi, The
Fort at Youngstown has been held by the French, the British and
Americans in the last 300 years. The area was the site of many of the
major battles of the war of 1812 and French and Indian Wars. Niagara
was the last stop on the Underground Railroad on the way to freedom in
Canada. Not just political history was made in Niagara Falls. Our area
with the birth of electric production that harnessed the power of
Niagara was the Silicon Valley of 1900. We were one of the birthplaces
of major electric production and the electrochemical industry.
Unfortunately, the City of Niagara Falls has experienced a gradual
decline in its once proud industrial base, and has also paid a price
for its role as a pioneer in electro chemicals. The population of our
City, which was over 100,000 in 1960, currently stands at 54,000. We
are also widely known as the site of the Love Canal, which warned the
country of the downside of past industrialization. The prosperity of
the 1990's bypassed Niagara.
Recently, a new awareness is developing that the real future of
Niagara is linked to its geological, environmental and historical
uniqueness. Citizens groups mobilized to gain better access to the
gorge, now separated by a four lane expressway of a bygone era. The
City, now partnering with the State of New York, through Commissioner
Castro is attempting to provide greater access to the gorge and improve
pedestrian and biker access to this wonder. Planning efforts are
underway to make us ``the City in the Park'' rather than an old
chemical town that has a park near it. The State of New York has
recognized the importance of Niagara Falls. Through a State Corporation
it has designated a 197 acre parcel adjacent to the State Park as a
special development zone and has made a $100 million commitment to the
area. The area is an area of failed development and Urban Renewal that
looks over at Niagara Falls Canada, which has seen $1.0 billion of new
investment in recent years. The Governor has also proposed Seneca
Nation gaming in the zone.
We are not speculating on what the positive impact of reinventing
Niagara would mean. We only have to look at our sister City of Niagara
Falls Ontario. The region also has come to the realization of the
importance of Niagara Falls that extends far beyond its scenic quality.
We have been named an EPA Brownfield Showcase Community status jointly
with Buffalo. We appreciate the support of our congressional delegation
including Senator Schumer, Senator Clinton and Congressman LaFalce in
our continuing regional efforts.
The technical advice and focused resources stemming from a the
proposed resource survey would go a long way to forging a economic and
stewardship strategy for maximizing the benefits, long ignored, of
being a unique area of the United States. A Federal National Heritage
Area Feasibility Study will support the Niagara area in its efforts in
creating an environmentally and economically sound future for itself.
The Mayor and City, indeed the entire Niagara Region looks forward to
forming a collaborative partnership with the State and Federal
governments. A Resource Study, authorizing Federal participation is a
positive step in the continued rebirth of our area. This bill
authorizing continued consideration is crucial for the hopes, dreams
and ambitions of the people within the Niagara region.
Senator Schumer. Well, thank you. Well said, Mr. Drake. And
now, we are going to move to our two witnesses to talk about
Governors Island. We are honored to have both of them. Claude
Shostal is the president of the Regional Planning Association,
which has tremendous respect in the New York area in terms of
its ability to think ahead of the curve. He is also an
authority on land use and community development, and he heads
the Governors Island group.
STATEMENT OF H. CLAUDE SHOSTAL, PRESIDENT, REGIONAL PLAN
ASSOCIATION, NEW YORK, NY
Mr. Shostal. Thank you very much, Mr. Chairman. We at
Regional Plan Association have been working on Governors Island
for over 5 years, and have been leading the broad based civic
coalition that supports the return of the island to New York
and its reuse as a great public resource. Of all the issues in
the entire tri-state region, this is one of our top two
priorities.
As you mentioned, prior to coming to RPA almost 10 years
ago, I served in senior positions in both State and city
government in the areas of parks, historic preservation, the
arts, and urban development. And in between my time in
government and the not for profit sector, I spent a dozen years
in the private sector working in real estate development on
large scale urban and waterfront development projects. All of
these experiences are directly relevant to the challenges we
face on Governors Island.
I would like to thank you for the opportunity to testify
and for your interest in the future of Governors Island. The
written testimony I have submitted spells out in greater detail
the background and the case for Governors Island, but I would
like to underscore a few fundamental and overarching points,
some of which you and others have made.
First, let me emphasize what everyone who has set foot on
the island knows: it is, as you called it, a special place, a
magical place; its historic buildings and landscape grounds
transport one back 150 years in time. And although it is only
minutes from Wall Street, it is a place of tranquil beauty and
profoundly important history. With Liberty and Ellis Islands
within view, it is the obvious and natural compliment to these
great historic public resources.
The concept that this national treasure could be auctioned
off to the highest bidder is beyond inappropriate. It is
obscene. We should not even be here today talking about special
legislation to return the island to New York. Let me underscore
just three of the many reasons why. First, as you and others
have pointed out, we gave the island to the Federal Government
in 1800 for national defense. And for almost 200 years, the
Federal Government used it free of charge for that purpose. So
historical fairness would require that it be returned at no
charge.
Second, when it was finally declared surplus in 1996, only
a technicality that it was a Coast Guard base at the time, not
an army or a navy base, as it had been for most of its history,
exempted it from Federal base closing procedures, which would
have mandated its return to New York, with compensation for the
adverse economic impacts of its closure. So legal and economic
fairness would demand its cost-free return.
And third, the existing Federal legislation requiring the
payment of fair market value was the result of closed door,
cynical political gimmickry to meet a budget balancing mandate
without regard to the island's history or potential public
purpose. So even political fairness would dictate its no cost
return.
The final point I want to make is that the $330 million
value placed by an appraisal on the island is pure fiction. The
appraisal, with which most sophisticated real estate
professionals would not agree, does not reflect the real world.
As Senator Clinton pointed out, the kind of development needed
to generate such value will never happen. An auction by the
Federal Government will not produce anything close to this kind
of number, because no knowledgeable purchaser, no prudent
financing source will put cash on the barrel for the island as
is.
Why? Because there is no zoning or environment permitting
in place for the kind of massive commercial or residential
development needed to create such value. There is landmark
designation for half of the island, including the one million
square feet of historic buildings, and now a national monument
designation for a portion of it. There is virtually universal
local, political, and civic agreement on a plan which
emphasizes, as it should, parks, open space, public access, and
appropriate reuse of the historic buildings--a program that
yields self sustaining operation, but a negative residual value
for the island.
Any significantly different development proposal will meet
with a firestorm of opposition, years of litigation, and almost
certainly, eventual political death. But initiating the auction
process, which is now scheduled to begin in only 60 days, will
sentence the island to many tragic years of controversy,
uncertainty, dispute and decay. We must avoid this unfair and
irrational outcome. So we appeal for historic fairness, legal
fairness, economic fairness, and political fairness. We
therefore urge passage of S. 689. We fully support the
continuation of the national monument designation, and we
deeply appreciate the committee's interest in this matter.
Thank you.
[The prepared statement of Mr. Shostal follows:]
Prepared Statement of H. Claude Shostal, President, Regional Plan
Association, New York, NY
Thank you for this opportunity to testify for your interest in the
future of Governors Island--one of the great places not just in New
York, but in the whole United States.
For more than 75 years Regional Plan Association has been a non-
partisan voice for the wise conservation and development of the Tri-
State New York/New Jersey/Connecticut Metropolitan area. Our Board of
Directors is composed of senior officers of some of the largest
corporations, civic associations, and academic institutions in the 31-
county, 13,000 square mile Region. Since 1995, RPA has chaired the
Governors Island Group, a coalition of 20 civic, environmental, and
business organizations. In that capacity we have organized a public
workshop on the future of the Island that attracted more than 250
local, regional, and national civic leaders and planning experts and
have undertaken a $150,000 feasibility study of the Island's potential
for redevelopment. My own background is as a real estate executive.
Prior to being appointed RPA's President, I worked on several major
redevelopment efforts, including the Colgate-Palmolive site on the
Jersey City waterfront and other major urban downtown and waterfront
projects.
Governors Island is a special place, hallowed ground that played a
critical role in the history of the nation. In 1776, American control
of the Island's fortifications was a factor in General Washington's
army successful retreat from powerful British forces massed in New York
Harbor, in effect preserving American independence. In the War of 1812,
Castle Williams and Fort Jay on Governors Island helped deter a British
attack on New York, preventing the destruction that befell Washington
and Baltimore. Confederate prisoners, the Wright Brothers, Blackjack
Pershing, World War I doughboys, the D-Day invasion plans all had their
time on the Island, part of a military history punctuated by the
Reagan-Gorbechev summit that marked the beginning of the end of the
Cold War.
This history is readily palpable when one walks in the National
Historic Landmark District--an unmatched assemblage of nineteenth
century fortifications, landscaped grounds and federal- and Victorian-
style buildings. Of course, there are other nationally significant
resources at stake as well. Of particular note are the spectacular
views of the Statue of Liberty, Ellis Island, the Manhattan skyline,
and the whole sweep of the inner Harbor and over one million square
feet of historic building space which could be readily converted to
public benefit uses.
RPA and the members of the Governors Island Group civic coalition
strongly endorse S.689, which would affirm the creation of the
Governors Island National Monument and convey the remainder of the
Island to New York State and the Governors Island Redevelopment
Corporation.
Last year, President Clinton established the Governors Island
National Monument on twenty acres of the Island. This designation will
ensure that Fort Jay and Castle Williams, two significant pieces of
military architecture, would stand with Ellis Island and the Statue of
Liberty as a unique place to understand and appreciate American
history. It would ensure that the National Park Service, the keeper of
the Nation's history, will tell the remarkable stories associated with
Island.
Creation of the National Monument has broad support, on a non-
partisan basis, from all New Yorkers. As one example, I have attached a
letter sent by the members of our civic coalition in support of the
Monument to Interior Secretary Norton.
Unfortunately, the language in the Executive Order left some
ambiguity as to the relationship between the creation of the Monument
and the disposition of the rest of the Island. The Department of
Justice has chosen to interpret that language in a way that directs GSA
to sell the Monument along with the rest of the Island. As a result,
Park Service planning for the management of the Monument has been
derailed. Moreover, based on Justice's opinion, GSA is now proceeding
to reappraise the entire Island, including the two historic forts, in
preparation for a potential public auction.
The sale of a National Monument is, to our understanding, without
precedent. It would be an ugly action on the part of the Administration
and a complicit Congress. While the Congressional Research Service has
cast some doubt on the veracity of Justice's legal opinion, the
clearest way of firmly establishing the Monument is for Congress to
pass new legislation. S. 689 would remove any ambiguity about
Designation. Importantly, it would also enable the Park Service to
extend its interpretive programming beyond the physical confines of the
two structures included in the Monument Designation.
S. 689 would also convey the remainder of the Island to the State
of New York at no cost. Such action is both fair and has ample
precedent. New York State formally ceded the Island to the federal
government in 1800--a transaction that was completed in the 1950s for
the sum of one dollar. For the past 200 years, the use and care of the
Island has been the charge of the federal government. Now that the Army
and Coast Guard no longer require the Island to accomplish their
missions, the federal government has the obligation to ensure that its
disposition enables other public interests to be met through the
Island's reuse.
It is only by a technicality that the federal government was not
mandated to assure some responsibility for redeveloping the Island, an
Army base until 1964, for viable economic development and public
benefit uses. According to the Coast Guard's Environmental Assessment
report on the closure and conversations with Coast Guard personnel,
direct government spending associated with the Island's Coast Guard
base amounted to about $31.6 million in 1992. The Governors Island base
had a total employment of approximately 2,300, of which 500 were non-
military support personnel. Under the closure plan, 600 of these
positions, including 50 non-military personnel, have moved to other
facilities in the New York area. The remaining 1,250 military and 450
civilian positions were either cut or transferred to other regions
of the United States. To help their host communities handle such
economic impacts, other former military bases around the country have
been transferred at little or no cost to other federal agencies, local
or State governments. Some have received millions of dollars for
capital improvements and operational funds from the National Park
Service and the Department of Commerce to aid their redevelopment. The
disposition of Governors Island, by virtue of the 1997 Balanced Budget
Act is instead currently expected to realize $330 million of revenue.
Based on our own assessment of the redevelopment potential of the
Island, as well as that of the Urban Land Institute (the national
association of professional real estate developers), the Real Estate
Board of New York, and others, we question whether any private investor
or public entity would be willing to pay anything close to this figure.
The physical logistics of redeveloping an Island, uncertain markets for
normal residential and office uses, and most importantly, what is
certain to be a lengthy and uncertain public approval process will
severely limit the value of the Island and the financing of any cash
purchase.
Sooner or later, Congress and the Office of Management and Budget
will have to grapple with the fact that its budget peg is unrealizable,
and readjust its projections. The responsible course of action would be
to acknowledge this fiction sooner, so that truly viable reuse
strategies can move forward.
As noted in S. 689, the Governor, the Mayor, and a remarkably bi-
partisan array of elected officials have endorsed a concept plan that,
we believe, is practical in its assessment of the kinds of activities
that would want to locate on an Island.
In proposing their plan, the Governor and Mayor have rightly
concluded that the reuse of Governors Island has marginal value as a
real estate venture per se, but could offer the City, State, and the
Nation tremendous benefits if it were transformed into a civic space
that integrated cultural, recreational, and commercial activities in a
single setting. The Island's 1.1 million square feet of historic
buildings are well suited to house such functions. Filling these
buildings with compatible uses will help ensure that they are protected
over time. I note that this concept is markedly similar both to that
proposed by RPA in our own 1998 feasibility study and to the assessment
made by the Urban Land Institute in 1996.
Just as important, this plan recognizes the national interest in
preserving the historic character of the Island and creating
significant recreational opportunities on the Island. The proposed
uses, significant public spaces, and the provision of public funds that
the State and City will have to expend to realize the plan provide a
strong rationale basis for a no-cost transfer. (It should be noted that
the General Services Administration has asked the State to provide a
more detailed reuse plan that is legally binding on the Governors
Island Redevelopment Corporation. This request is logical and
reasonable. While a specific plan may be premature at this point, the
Governors Island Group has proposed a set of redevelopment principles
such as keeping the Island in public ownership, provision of adequate
park space and investing all revenue generated by Island leases or
concessions for the Island's upkeep. These principles would guarantee
both the public's interest in the Island as well as the federal
government's interest in a fair deal. They would lead to a more
realistic appraisal of the Island's value. The complete list is
attached.)
In closing, let me emphasize that the proposal before you
represents an opportunity to safeguard an important piece of American
history for the future in a way that is fair to both the taxpayers and
the resource itself. We urge your support.
GOVERNORS ISLAND GROUP
Proposed State Commitments
July 23, 2001
1. The Island shall remain in public ownership in perpetuity.
2. Revenue generated on the Island through leases, franchises, or
concessions shall be used to offset public expenditures or reinvested
for public purposes on the Island.
3. The Island's redevelopment shall be in keeping with the proposed
vision of the Island as a grand civic space for New York and the
Nation. This includes permanently establishing:
A public esplanade of not less than 50 feet in depth around
the perimeter of the Island along the waterfront.
Protected open space in that portion of the Parade Ground
surrounding Fort Jay that is not within the National Monument,
Nolan Park, Colonels Row Green, and Building 400 South
Courtyard.
A public park of not less than 46 acres in that portion of
the Island south of Division Road consisting primarily of
public park uses.
4. Permitted Uses on the Island shall include conference centers,
hotels, hostels, spas, extended stay facilities, and similar
accommodations; restaurants, catering establishments, and other dining
facilities; retail facilities, artisan shops and other like arts-
related uses; entertainment facilities; non-profit office uses;
commercial recreation facilities; and cultural and educational uses.
The following uses should be specifically prohibited: Residential uses,
except for compatible adjunct uses; electric generating stations and
other major utility facilities; and community facilities such as
hospitals, prisons, and domiciliary care facilities for adults, except
as transitional facilities.
5. Redevelopment of the Island will be subject to the following
restrictions:
No new structure may exceed the height of the cornice of the
central portion of the existing Building 400 (approximately 50
feet).
Open view corridors to the water shall be maintained along
existing and future streets and walkways running to the water.
Within the Historic District, all existing structures that
have been identified as historic structures or as contributing
to the historic character of the District shall be retained and
maintained, consistent with preservation covenants developed by
GSA and subject to adaptive reuse for all permitted uses as
detailed in the Governors Island Historic District Design &
Development Guidelines now being prepared by the GSA.
6. The State shall invest sufficient capital needed to realize its
plan, including demolishing inappropriate structures, building the
public park space, and restoring the bulkheads and other
infrastructure, and will be responsible for the on-going maintenance of
the Island and its historic structures.
7. Maintenance during the initial interim period (anticipated from
October 1, 2002 to October 1, 2005) shall be in keeping with the
standards adopted as part of the Programmatic Agreement that governs
GSA's current maintenance of the Island.
Senator Schumer. Thank you for some excellent,
characteristically excellent testimony, Mr. Shostal. Before I
recognize Ms. Thompson, I just want to recognize the leadership
of Congress members Nadler, Maloney, and Gilman on this issue.
And now, we have our final witness.
Last but certainly not least is Jane Thompson. She is an
architect. She is principal of Thompson Design Group. She is an
urbanist who, for over 30 years, has impacted cities on North
America and around the world, planning successful, well loved
places such as the Navy Pier in Chicago, Boston's Faneuil Hall
marketplace, and the Grand Central District in Times Square in
New York City. Ms. Thompson, your entire statement will be read
in the record, and you may proceed.
STATEMENT OF JANE THOMPSON, PRESIDENT,
THOMPSON DESIGN GROUP, BOSTON, MA
Mrs. Thompson. I will try and be summary, but with a
curtain raiser like all of you, there is almost nothing left to
say. I might add, for local interest, that my husband and I,
and our firm, were directly and deeply involved in the
restoration of Union Station--still are.
Senator Schumer. With so many accomplishments I could not
mention all of them.
Mrs. Thompson. And also the preservation, with the GSA, of
the old post office. So I have some roots in Washington as
well. I appreciate your invitation to speak on this subject,
about which I am not only enthusiastic, but absolutely
personally passionate. And I do not think there is much I can
add from a legal point of view. Being an architect hardly
qualifies me as a politician or a lawyer. So I am just going to
plunge in and tell it from a personal perspective.
Because of RPA, I got interested in the island in 1995,
when they held the first large workshop in lower Manhattan
about the future of the island, anticipating, but not quite,
all of the problems in the future. It was a major event--
community boards, preservation experts, urban designers, and so
on. And after the workshop, which came out with ideas that are
more refined and representative than these drawings which were
the outcome of work in my office, in the next 2 years with RPA,
trying to see how we could predict and test the feasibility
that this place could be saved without losing its historic
quality.
I wish you could all get on the boat and go on that 5-
minute ride over to the island and really see this, because
there is no substitute. This is a spectacular and unusual
little piece of New York, but it really is New York. It is just
by some geological accident some water got in the way and, as a
result, it is this almost bucolic separation of place, which
gives you a totally transcendental feeling about the city when
you get there.
What we did in the workshop and the subsequent work was to
test the viability and sustainability of this historic place of
public benefit so that it could be kept without large-scale
development, or commercialization, or privatization, or loss of
its historical quality, and also be self-sustaining. We had
this as a very specific goal, and I think we demonstrated the
way this mix that Senator Moynihan mentioned could be done.
It was all in our final report, and I wish I could point to
things on the drawings, but I will plunge ahead. We tried a lot
of alternatives, and we also tried and found things that would
not work. Underscoring what Claude has said about residential
development, it is not only all of those reasons of financial
unfeasibility, it is also its requirements of infrastructure it
would have to become for the kind of development that they
would envision, an entire community with all the amenities and
services that would be required in any section of New York. And
this is simply not doable on that island.
A few of the things I would say about the island that make
it unique--it is an island that nobody knows, and it is
imperative that it be part of the trio of international
attractions that occur in the harbor. It is right next door--
and you can see a little red dot there--how close it is to the
shores of Brooklyn. It is a resource for those who live around
the island. It is a resource not only for visitors but also for
residents. Downtown Manhattan desperately needs this place to
play that the Senator has referred to. This open space is a
place to have water, sky, and air.
It is a place, as we envisioned it, as a place for all
people. The public benefit is open to all. And what we
envisioned is a kind of new urban park. Urban parks have been
heard of, but I think this is more park, perhaps, than many of
them. And active and passive things can happen here,
incorporating some low-key commercial amenities, which, in the
whole, will be enjoyed by millions of visitors annually. But
our approach is the essence of preservation, because it
preserves the unique, bucolic quality that is there today.
It is a green and leafy village. And if you go there, you
will want to walk around, and stroll and explore, and gaze at
the water as the boats go by. It invites diversity, and our
model, as we are showing it, had a really interesting and
balanced mix of uses, from sports and culture, to health,
recreation, vacationing, social opportunities, holiday
programs, and festivities--all the things you would do in a
city, but transposed to a new environment. And this makes it
usable in all seasons of the year.
The military monuments are very important, but they are
really not separable from the architecture. The place as a
whole, the footprints of history are all over this island, and
they deserve to be held together as a total monument, and not
seen as a piece of real estate with a monument in it.
Residential buildings, which are fascinating in themselves, can
be used for lodging, hotels, hostels, conference centers, and
the other buildings there adapted to similar uses, which will
help support the overall.
But I think finally, I just want to say that this is a
place apart, and it is a transformative place. We kept using
this word in the workshops. It gives you a different
perspective. It gives you a new way of looking at the world and
reflecting on issues in new dimensions. It is really a
priceless urban retreat, and we call it a third Central Park,
at the heart of the harbor. And I think when you go there, it
changes your evaluation of the joys of living even in a crowded
city, and a beautiful city at that.
I think we can reclaim it. We have a window in history,
which everybody has pronounced about. Revitalizing the island,
as a whole civic place, is in the national interest, and it is
of national significance. And I hope that you and all of us
will prevail on those to see this clearly.
[The prepared statement of Mrs. Thompson follows:]
Prepared Statement of Jane Thompson, President, Thompson Design Group,
Boston, MA
I appreciate this opportunity to speak on the future of one of the
most special places I know in America. My name is Jane Thompson, and I
am one of the beneficiaries of RPA's interest in the Island, having
been invited to participate in the very first large public Ideas
Workshop about the future of the island, in 1995, in Manhattan. The
Workshop brought together a coalition of 20 civic and business groups
and eleven urban designers, real estate and park experts, for three
days of talking and planning. I got familiar with the island and its
beauties, and stayed on the continuing team as the urban planner, as we
launched a 3-year effort to imagine, study, predict, and test the uses
and site design that would prove feasible: that is, to preserve the
island with minimal changes to its historic fabric, while introducing a
sympathetic mix of new uses that would render it economically self-
sustaining--yes, it can be--after initial investment in restoration by
both public and private sources.
My long professional life in architecture and planning has centered
on revitalization of once-vibrant run-down yet useful buildings and
places. Locally, they include the rehabilitation of the Old Post Office
with the GSA (early 80's), then the transformation of a ``white
elephant'' Union Station into the richly historic multi-modal culinary
center that you have today (opened 1988). Earlier, some of our save-
the-city efforts included Baltimore Harborplace, and Boston's Faneuil
Hall Marketplace, both with The Rouse Company. As I think about it now,
there are interesting parallels. Each of those projects began with a
discarded and obsolete place or artifact, each sunk to such low regard
that cities and agencies could not justify an investment in reclaiming
its actual historic value. Each place was rediscovered, defended, and
eventually revitalized by public-private endeavor, with tremendous
reward in terms of intrinsic and cultural values as well as
immeasurable spin-off benefit to local economies.
And so it can be on Governor's Island and in the great harbor
around it. My testimony will attempt to articulate reasons WHY this
island is a unique place, an heirloom in public trust that should not
for any reason be transferred to private developers and sliced into
piecemeal projects for profit. These are issues I feel passionately
about. For me, this is not a ``project,'' it is a cause with great
meaning, as it is for a great many people.
It goes without saying that governments in the USA are the
guardians of public trust and heritage. Agencies at all levels are
expected to guard our history, not to trade it for quick revenue--even
in moments of financial need. If this were not a given of our heritage,
New York City might solve any annual deficit by auctioning off the
northern 100 acres of Central Park. Or the federal government might
bridge the Social Security gap by selling a hotel site on the Mall,
just steps from the Capitol(!) while the Treasury raises ready money by
leveraging luxury home sites on spare land around the Washington
Monument.
Governors Island, with its existing (if not yet complete)
designation as a National Monument, is a place of inestimable historic
value to the public, now and for future generations. It is not just a
war memorial. Its unique value springs precisely from its wholeness and
continuity--a mixture of land and buildings, installations and
outlooks, trees and fields, an environment that has evolved over
centuries and carved its legends into the rocks and soil.
The original site, intact in its entirety, tells its story through
both the military fortifications and the surrounding domestic
architecture that gave quarter to its forces and leaders and their
families, in a continuum that reaches from the American Revolution to
the age of space travel, and makes them all seem real and relevant.
The elegant federal-style residences (Queen Anne) of Governors,
Admirals, and Commanders stand beside Victorian homes along leafy
paths; imposing officer barracks (McKim Mead and White) lend definition
to the center of community space. The setting speaks eloquently of the
human lives through its landscaping, residential neighborhoods shaded
by age-old trees, buildings sited for views and pedestrian vistas
cleared toward surrounding city and water. It is not just the confined
battlements that have meaning; the footprints of two centuries of
history are all over this old island. It is a magnificent public space.
Disney could not improve it through costly imitation. It is resolutely
real, and any school child immediately feels the difference.
We should think of Governor's Island as an American family album
projected in three dimensions--lovingly preserved sites and foundations
built upon generation after generation. Today we still may visit the
visible places where memorable things happened--not only in arenas of
battle preparation, parades, protection, and imprisonment, but in
family homesteads, front yards, schools, churches, favorite walks, and
picnic spots. And among all these, there is the ``walk in the woods''
setting for the great diplomatic moments between Reagan and Gorbachev.
But--beautiful as it is, the Island will never command the big
money on which its imminent sale is predicated. In fact, (it is worth
repeating) these great historic qualities diminish the value that
profit-oriented real estate speculators will look for here. Not only
are there historic constraints and unbuildable land, but there is not
yet the foundation of certainty that required permits and approvals for
development of any kind can be procured. As U.S. government property
since its transfer by the State of New York in 1800, the island has
never had the precedent of municipal code regulation, never passed the
hurdle of being zoned for uses consistent with New York City law. Such
certainty is the bedrock of financing valuation and commitment in the
risk-averse real estate industry. Without it, the property has the full
value of a pig in a poke--until that long regulatory process is
actually accomplished.
Governor's Island is special because it is a PLACE more varied yet
integrated and homogenous than most places built under today's
development standards. The whole historic place--the monumental site of
40 acres--has the national importance of a COMPLETE NATIONAL MONUMENT
in a class with Fort Ticonderoga, Fort Sumter, and the Presidio of San
Francisco. And in historic dimensions, it is greater than any of these.
A true public monument is not a few salvaged walls. It is a an
aggregation of meaning over decades and centuries.
Has governmental trust brought our heritage to this cheap end--a
quick sale to cover budget deficits? Should we trade 200 years of
quality and tradition for--what? A few million dollars dropped into the
black hole of the budget? What do we suppose Mt. Vernon will fetch at
auction when its time comes?
The projected financial gain from a final Federal sale of this
land, if transformed into a significant Federal gift that returns the
land to the State of New York and to the people of the United States,
is a gift that will keep on giving. It will yield high returns for days
and years, echoing the pleasure of enlightened and grateful citizens
for generations to come.
strategy for achieving the plan
I want to contribute these further details to describe the precise
potentials that the Island holds for New Yorkers and the visiting
public alike, and for the real possibility that it can become a self-
sustaining place without drain on the city or state.
We have, in this small window of history, the chance to save and
reclaim Governor's Island so that present and future generations may
rediscover the city of New York and all it has meant to local and
national history. And so that visiting families and tourists may
understand this long-invisible piece of American history as part of
their harbor visits. Thus it becomes the Triple Treasure tour that
belongs at the tri-state crossroads.
Shortly, this national treasure may be permanently excised from the
archives of national treasures before its treasury has ever been
display to or witnessed by the American people. Revitalizing Governor's
Island as a civic place is in the national interest and of national
significance.
These are the things that can save it and make it self-sustaining,
as well as historically significant into the infinite future.
1. Parameters of Possibility: The Plan and the Prospect
In its feasibility planning study of 1996-1999, Regional Plan
Association tested the viability and sustainability of an Historic
Place of Public Benefit that could also be economically self-sufficient
after initial public and private investment in restoration and
adaptation. We established that it could meet those goals without
large-scale development commercialization, privatization, or loss of
any of the historic lands, trees, and architecture that make the Island
a delightful and extraordinary ``Place.''
The RPA study envisions the island as a new kind urban park--a
diverse garden-like space of active and passive activity, incorporating
recreational and low-key commercial uses, which opens the whole island
to use and enjoyment of millions of residents and visitors annually.
This is the essence of preservation: this preserves the unique park-
like environment of the Island as it is today. It has a green and shady
village-like character with neighborhood clusters. With its continuous
water edge and compelling ramparts and outlooks toward city, harbor,
and sea. Expendable as a military community, it can incorporate the
battlements and become a great civic place. The plan assumes
preservation of all structures except a few post-war additions on the
original site, and clearance of non-conforming post-war buildings south
of Division Road, reshaping the filled land into a Great Public Park of
132 acres.
The feasibility study demonstrated that a sensitive and sound mix
of facilities can be oriented to various constituencies--from the
educational and recreational needs of local citizens to the destination
interests of travelers and tourists. We found that an appealing
memorable environment can be conserved, within a distinguished larger
locale in which some commercial amenities and facilities support the
park environment that is free to all who visit.
Most of the historic residential buildings--barracks, officer
quarters, apartments, homes--can be directly reused as lodgings,
hostels and conference facilities. Offices, meeting rooms, and schools,
are readily adapted for other related reuse, with minimum exterior
change. There are locations for restaurants, cafes, picnic areas,
artisan and museum shops, interpretive centers, catering and
entertainment areas, including an arena for outdoor performances.
Reached by a short commuter ferry ride from the tip of Manhattan,
this is a pedestrian island--car free, open to joggers and bikers and
amblers, serviced by small runabouts (mini trucks) that don't threaten
mothers with strollers while offering taxi service to seniors with
tired feet. The relation of buildings and open spaces, of extended stay
facilities and areas for lunch-hour breaks and after-school play, can
be sited for convenience and privacy. Well-planned facilities within a
fresh verdant landscape will attract international tourism, city
visitors, and continuous local use--the kind of broad public benefit
that offers all levels of enjoyment.
2. Key Concepts for Maximizing Public Benefit
It Is the Island Nobody Knows
Governor's Island, though always visible from the tip of Manhattan,
has been off-limits, a place of mystery, a missing link in the circle
of historic harbor attractions. By adding it to Ellis Island and The
Statue of Liberty as harbor destinations, we allow public discovery of
the oldest and most venerable of the trio at the heart of the tri-state
crossroads. Governor's Island is rich with places of memorable action,
life, and people, where visitors may find new understanding of New
York's role in U.S. history.
It Is the Island Next Door
The Island's 172 acres are just one-half mile offshore. It takes 7
minutes from Brooklyn and/or Battery Park on a comfortable ferry. Once
you are there, the island's 2-mile water-edge affords a front row seat
on city and sea. It takes in spectacular views of skylines, rivers, and
the whole harbor that was once guarded by its forts and forces,
protecting the city from invasion wars since 1776. A catalyst for
public discovery of all the harbor resources, an accessible Island will
add a whole new chapter to the visible story of New World settlement,
protection, immigration, and expansion.
It Is a Place to Walk Into Our Past
A National Landmark District reveals the story of three historic
fortifications that protected the city over two centuries of military
action and international diplomacy. There are ramparts to climb and
dungeons to explore, gun emplacements and parade grounds to view,
residences of Admirals, Generals, Commanders, Governors, and military
personnel--over 1 million square feet of genuine fortifications and
admirable architecture, all to be restored and used in ways that allow
public access. These real places, in an invigorating outdoor setting of
fresh air, water, grass, sky and skyline, create a gripping theater of
New York history.
It Invites Diversity of Uses and Users
Skillful reuse of the historic core and the manmade southern
acreage as parkland, offers a balanced mix of new uses: health and
recreation facilities, commercial amenity, vacationing and social
possibilities, sports and cultural activity, holiday programs and
regular festivals. Diversity of program can bring together people of
all ages and varied personal interests to find enjoyment in all seasons
of the year.
It Is a Place Apart--A Transformative Place
Each visit to this near but separate place offers a refreshing
change of pace and perspective--new ways of looking at work, leisure,
city, sky, and nature, allowing reflection issues and ideas of all
dimensions. Its inherent character is that of a priceless refuge, a
third Central Park at the heart of the harbor. It stirs inner vision,
and refreshes one's valuation of the joys of life in an intense crowded
city.
It Is an Island to Realize Through Imaginative Planning
If conveyed to the State of New York under S. 689 this unique
environment and open space may be sensitively transformed for diverse
recreational and commercial opportunities that can make the whole park
economically self-sufficient. Viable uses planned for old and new
buildings as well as open land can yield revenues to preserve the
historic environment in a responsible manner, with a goal of economic
sustainability. It is potentially profitable as a ``non profit'' public
enterprise.
We must evaluate the profits, beyond dollars, that are contained in
the future of this place.
To bear out my statement about profitability, I pose the example of
the restoration of Chicago's Navy Pier, of which I was chief planner
and designer of its balanced public and private uses. The economic
goal, after initial capital investment of state general funds, was
financial self-sufficiency; there would be no contribution or future
tax liability by the city or state to support the facility, programmed
for family leisure, recreation, and culture. Today, with a balance of
free public open and water-edge space and historic structures, public
fee-paying attractions like museums, exhibits, theater, and related
parking, and privately financed commercial amenities of restaurants and
food concessions, Navy Pier attracts 9 million visitors annually and
realizes far more revenue than is required for operation and
maintenance. Many people visit entirely free, yet it is making a profit
beyond all projections.
Senator Schumer. Well, thank you very much, Ms. Thompson,
once again, for great testimony. I have a whole bunch of
questions. I just have a couple on Niagara Falls, and then
maybe we can let our Niagara Falls witnesses go, and then we
will talk about Governors Island. First, I just wanted to ask--
and I want to thank you, Mr. Galvin, not only you, but Mr.
Pepper, I know, who is seated behind you, for your leadership
in helping us come to this point. Both of you have really been
behind us, and we appreciate it.
And as you know, we have already made provision to have
this money put into the Senate bill. I believe it will be in
the House bill, so you do not have to worry about it coming out
of your other 42 or whatever it was studies that you have to
do. But what about the idea of shortening it? Three years is an
awfully long time. We are really moving. We have our consensus.
The Governor is putting in, as Commissioner Castro mentioned,
quite a bit of money. Could we speed this up?
Mr. Galvin. Well, it is not impossible, but I would caution
that, in my experience with these studies, you spend more than
half your time talking to the public here. This is not a
technical planning problem, it is really soliciting public
opinion about, what do you want to save around here, how do you
link it together, who's going to be interested; who's going to
support it, who's going to oppose it, how many people are going
to be indifferent? So it is very much a consensus building
process. It is also a process that will yield things on the
way.
So I would not say we are stuck with three years, but I
would caution that it is very much process oriented, as opposed
to digging out technical facts and coming up with some grand
master plan.
Senator Schumer. No, I agree. The one thing I would say is
we--there has been so much discussion in Niagara Falls, and I
have been spending about a year bringing people together. That
may help speed it up a little bit.
Mr. Galvin. Well, that might help.
Senator Schumer. Okay, great. And I do not have any other
questions on Niagara Falls, so I do not think it makes any
sense to keep Mr. Drake, Commissioner Castro here. I do have
other questions, many on Governors Island, even including
something for you, Mr. Galvin. So I would thank both witnesses
for coming and helping us take another step on the road to
progress in Niagara Falls.
First, I did want to clarify, in terms of Governors Island,
before I get to Mr. Moravec, where I have a whole lot of
questions, something you said, Mr. Galvin, on behalf of the
Park Service. You said you did support the title 5 part of the
bill, the idea that this is Governors Island. You had mentioned
in your testimony the idea that this language, which I should
get in front of me as well, that deals with the notwithstanding
any other government language, should be changed so that it can
be clear that a national monument stays a national monument.
Mr. Galvin. Right, that is section 4 of the bill.
Senator Schumer. That is section 4, I apologize.
Mr. Galvin. And we do support that, absolutely.
Senator Schumer. My only question is, is that the Park
Service or is that the administration?
Mr. Galvin. The administration.
Senator Schumer. Including the Justice Department.
Mr. Galvin. It is the cleared position.
Senator Schumer. Great. Well, that is very good progress
and excellent news. That gets us part of the way there. Good.
Thank you for that. Just to inform our other witnesses and
others, one of the objections, not the only, but one of the
problems we had was that it seems, by the Justice Department,
that when President Clinton made part of the island a national
monument, that that would not stand, and our legislation does
make it stand. There is some arcane language there that said,
notwithstanding any other legislation. The support of the
administration to do that is terrific.
Okay, now let's get to the nub of the matter, which
involves Mr. Moravec above all. Here are my questions for you,
sir, because we can not really determine where the
administration is. As I told you, we had some sympathetic
comments from the President on his trip to New York, where we
all sort of ganged up on him and asked him, but no firm
position. So first, does the administration support this
legislation that would provide a clean and clear path to
protecting the national monuments and transferring the island
to New York State for the benefit of future generations of
Americans? And if not, why not?
Mr. Moravec. I must confess, I am somewhat surprised by Mr.
Galvin's testimony.
Senator Schumer. It is a pleasant surprise as far as I am
concerned.
Mr. Moravec. Unless S. 689 is enacted into law--which will
then clarify these matters--GSA is proceeding on the assumption
that the Balanced Budget Act of 1997 rules. And that would
require the sale of all right title and interest in the island.
Mr. Galvin. Well, let me read it for the record.
Senator Schumer. Great, that would be great.
Mr. Galvin. ``The Department supports section 4 of S. 689,
regarding''----
Senator Schumer. Now, mind you, that is just section 4, not
section 5.
Mr. Galvin. Just section 4--``regarding the conveyance of a
portion of Governors Island to the National Park Service, but
defers to the General Services Administration's comments on
section 5, regarding the conveyance of the majority of
Governors Island to the State of New York.
Senator Schumer. Right, but if this did prevail to be the
administration's opinion, that would mean the monument section
of the island--and it passed--would have to pass our law and
signed by the President, that the monument part of the island
would stay a monument. Am I correct about that?
Mr. Galvin. Right.
Senator Schumer. And what percentage of the island is that?
Does Ms. Thompson or Mr. Shostal know?
Mr. Shostal. It is 20 acres out of 172.
Senator Schumer. So it is a nice portion.
Mr. Shostal. Ten percent.
Senator Schumer. Right, a little more than that. Okay, let
me then ask again, let's just let you guys settle the section 4
issue; I am going to presume that you are okay on that for the
moment. But what is the administration's position on the entire
bill, and particularly section 5? And if there is no position,
why isn't there?
Mr. Moravec. The position that the GSA is taking is that
the Balanced Budget Act of 1997 rules and that requires and
directs GSA to sell Governors Island not before fiscal year
2002, at fair market value. It also requires GSA to offer to
the city and State of New York a right of first offer to
purchase----
Senator Schumer. We are aware of the law. So is it that the
administration is opposing the bill that I have put in, or they
do not have a position, or----
Mr. Moravec. I would say that the administration is neutral
on the bill, to the extent that we will be guided by whatever
the----
Senator Schumer. No, I know what existing law is: I am
asking, is it an affirmative neutral or is it just that we have
not taken a position yet?
Mr. Moravec. We have not taken a position yet.
Senator Schumer. Okay, I would ask----
Mr. Moravec. That is to say that GSA has not taken a
position. I can not presume to speak for the entire
administration. I am speaking for GSA.
Senator Schumer. Understood, Mr. Moravec. I would ask that
you contact, however you do it, up to the chain in the White
House and try to get us a position, because I know the record
is going to remain open for a period of time, and get us a
position on that. Would that be possible?
Mr. Moravec. Sure.
Senator Schumer. Thanks. Okay, the next question: when we
discuss the future of Governors Island, two figures continually
arise regarding its value: the $500 million that is in the
Balanced Budget Act, and $330 million. The second comes from
the GSA appraisal of the island, utilizing current New York
City zoning. Now, I know no one in the New York real estate
community--and this is a group of guys, almost all guys, maybe
there is a gal or two, who would love to get their hands on any
kind of property they could to develop, that they are going for
much less choice than Governors Island. But no one thinks it
could fetch anything close to those figures. So do you believe
either figure, $500 million or $330 million, could actually be
realized from the sale of the island?
Mr. Moravec. I can not presume to make such a
pronouncement. I can only tell you that it is a completely
unique place; it is of incalculable value, as has been
testified to here today. We are proposing to let the
marketplace tell us what the value is of Governors Island.
Mr. Schumer. Now, Ms. Thompson and Mr. Shostal, you are
both very much involved in this. Do you believe it could come
close to even the $330 million figure?
Mr. Shostal. I would like to address that. Here is the
quandary. I am convinced that if the auction procedure would
say, you must bring a check and accept the island as is on the
day you write the check, somebody may come up with $5, or $10,
or $20 million. You know, Bill Gates or somebody who would like
to live there that is willing to write a check for $10 or $20
million.
Senator Schumer. Not for $330 million.
Mr. Shostal. No, what I am most frightened by is this
process where somebody bids $350 million, but the bid goes as
follows. I will write you a check at $1 million on the day you
give it to me. I would like 6 months to negotiate a development
agreement; at the end of the successful development agreement,
I will write you a check for $10 or $20 million. And then, upon
appropriate rezoning, reuse, environmental permitting, 5 years
or 8 years later, I will write you the remainder, because then
I will have the permission to then create the buildings that
will create the value. And that will lead to years of
negotiation dispute with the developer in place who has, then,
vested rights. It is that kind of a process that I find so
tragically frightening.
Senator Schumer. As is under----
Mr. Shostal. As is cash on the barrel.
Senator Schumer. But what is motivating some of my
colleagues against this is that they think they could get $330
million cash on the barrelhead. Could they?
Mr. Shostal. It is ridiculous.
Senator Schumer. Do you agree, Ms. Thompson?
Ms. Thompson. I will just add that in the course of our
study, while we were doing it, the city of New York--because
this had not been clarified--was busy taking the biggest
developers they could find out to that island. And we have this
in the record somewhere. We know that Donald Trump was the
first one taken. And he took one look at it and said, ``Not for
my clientele. Nobody is going to get on a ferry and come out
here to have either a casino or an expensive hotel.''
Other large residential developers were all brought by the
City Planning Commission, and they all walked away from it for
exactly these reasons. There was nothing to assure them they
could ever do what they would be paying for.
Senator Schumer. And, of course, the large figure would
depend on the city doing what the Federal Government wanted.
And the city right now, I think there is pretty much consensus
saying, we do not want the Federal Government to auction this
thing off. And therefore, it is catch-22. They are stuck. So
Mr. Moravec, this sounds to be a ludicrous figure.
Mr. Moravec. I am sorry to be striking a discordant note,
but once again, this is not a matter of my opinion as to what
the buildings and land of Governors Island are worth: it is for
the market to decide.
Senator Schumer. No, understood, but the Budget Committee
seems to feel it could bring in $500 million. And there was
this $330 million appraisal by GSA, and to those of us who live
in New York, it is outlandish when the top developers in New
York say it is not close. I mean, we are not going to sell the
Brooklyn Bridge again. You know, it would be an inverse: we
would get too much money rather than too little. But it is not
going to happen in this very wise world.
Mr. Moravec. Mr. Chairman, having grown up in the New York
area and having a special affection for New York, living on
Staten Island and passing by Governors Island a thousand times
on the New York Ferry, on the way to visit my father, who
worked at 25 Broadway. I want to establish that credential. I
have also spent about 30 years in the commercial real estate
business prior to becoming Public Buildings commissioner. And I
can tell you that I have more than once been surprised by what
price a truly unique property will fetch.
Senator Schumer. Okay, let me ask you this: has the GSA
been approached with serious solicitations from private
developers?
Mr. Moravec. It has not.
Senator Schumer. Why not?
Mr. Moravec. Because we have not encouraged such
discussions. We have had informal inquiries, and we have
actually met with development interests, but have not had what
I would call a substantial or substantive discussion with
regard to----
Senator Schumer. So let me ask you this: does the $330
million appraisal figure take into account the fact that it
costs $10 million annually just to protect the island's
seawalls and stuff like that?
Mr. Moravec. My understanding is that the appraisal is
based on the highest and best use of the island under current
zoning.
Senator Schumer. Okay now, we may make a little news here.
I understand that a letter dated July 23, GSA has rejected the
plan submitted by the State. This is the joint, State, city--I
know, it came as a surprise to me when I found out too, Mr.
Shostal. Can you tell me why that is?
Mr. Moravec. I would not use the word rejected. I would say
that we----
Senator Schumer. You did not accept it.
Mr. Moravec. We did not accept it as a basis for a
reappraisal of the island. And I am the person who sent that
letter, so I know what was in it. We deemed that the Hamilton,
Rabinovitz plan of June 8 was insufficient. It is a draft plan;
it presumes that a master plan will follow; it is tentative in
its tone; it uses words like may, could, envision. The
financial analysis is loose and questionable. I could not
regard it as a plan sufficient in detail to be able to serve as
a basis for a reappraisal. The plan actually says, at one
point, that land use and allocation of acreage will be subject
to further refinement. That, as far as GSA is concerned, is not
the sufficient data for us to be able to commission a
reappraisal. In addition to which----
Senator Schumer. Yeah, let me just ask you another
question; you can answer it all. You call for the need--and we
just received this letter or became aware of it last night--you
point to the need for binding restrictions on any future reuse
plan for Governors Island. What, in GSA's estimation, would
constitute binding restrictions? Would covenants in the deed
suffice? Do we need to pass a law? We need to know exactly what
you mean, because time is running out.
Mr. Moravec. My intention, or the intention of GSA, at this
point, is that an act of the legislature would be required to
make this a binding plan.
Senator Schumer. The act of the State legislatures. Well,
they are not even meeting right now. You are putting us in a
bit of a catch-22 with that.
Mr. Moravec. Well, I would say that in fairness to the
Federal Government the disposition of this island has been a
matter of interest for some time now.
Senator Schumer. Yeah, but we did not know until a week ago
that the plan was not any good.
Mr. Moravec. Well, I would say that the letter from my
predecessor, Mr. Peck, in January, gave notice to the State and
city of New York that a plan sufficient in detail to justify a
reappraisal and perhaps a lowering of the fair market value to
defend a fair market value lower than $330 million that would
be required, and that the plan would need to be legally
sufficient and binding upon the State and any future
transferees of the island. That plan has not, in our opinion,
been produced.
Senator Schumer. No, I understand that. And by the way,
does this come as a surprise to you, either Mr. Shostal or Ms.
Thompson?
Mr. Shostal. We became aware about a week ago of the
letter. We were disappointed, but I can not say it was a
surprise. What we were surprised is that the GSA and the State
had been negotiating and talking to each other for a year since
that January letter, and somehow the State had never heard that
a verbal plan was insufficient and that State legislation was
the only way. In fact, at the advisory committee meetings, the
State representatives came and said, we are confident that we
can do it through negotiation and through deed restrictions. So
there was, at a minimum, a breakdown in communication between
GSA and the State.
Senator Schumer. It was my view that deed restrictions
would work as well, and now, to say legislation is a pretty big
hurdle. So I would ask you Mr. Moravec, would GSA consider
giving us more time now to deal with this new condition that
you have added?
Mr. Moravec. First, Mr. Chairman, I would disagree. This is
not a new condition; this was a condition that was spelled out
in correspondence with the State as early as the summer of
2000.
Senator Schumer. Legislation was mentioned as needing--but
we understood that there had to be restrictions. No one
understood that those restrictions had to be legislative.
Mr. Moravec. Legally binding upon the----
Senator Schumer. Well, is not a deed restriction legally
binding?
Mr. Moravec. It is also legally binding, but in
Administrator Barram's letter in the summer of 2000, he asked
that it be legally binding and that in addition there be deed
restrictions placed upon the property. I mean, it is quite
clearly spelled out in the correspondence of summer of 2000
from then Administrator Barram to the State of New York, and
reiterated in the letter in January from my predecessor to the
State of New York, and now finally confirmed by my letter of
July 23 to the Empire State Development Corporation. So I would
take exception to the contention that the GSA has not been
clear as to what the requirements were.
Senator Schumer. I will tell you this: I think it would
take most in New York, whether it be the Governor and the
mayor--and, as you know, it took a long time to get them
together to come to an agreement--the people on the committee
and everybody else that legislation would be required. But I
renew my request and give you time to answer in the record,
that you give us some time to deal with this. And that leads to
my next question: do you have a timeline? Do you believe you
have to sell the island in 2002, or would the prospect of a
greater sale price cause GSA to hold off for a future year?
Mr. Moravec. We are proceeding on the premise that we will
sell the island in fiscal year 2002.
Senator Schumer. Okay then, I would make a request of you
that, given this new information about the binding restriction
needing legislation, that we delay that some, at the very
minimum. Now we may get our bill passed, and that will settle
the problem.
Mr. Moravec. And so it will, and so it will.
Senator Schumer. Yeah, and maybe you can get the
administration to support it. Let me ask you one final
question, and then I think we are finished. Do you believe that
it is fair that former military bases around the country are
receiving financial assistance as they make the transition from
Federal to local ownership, while Governors Island is about to
be auctioned off? That is because of the anomaly. If this were
an army, air force, navy base, it would be different.
Mr. Moravec. I may have my own opinion to the fairness, but
in my official capacity, my answer is that we are guided by the
Balanced Budget Act of 1997, and we will abide by that as the
guiding law.
Senator Schumer. Okay well, I want to thank all the
witnesses. I think this was an elucidating hearing. It is going
to move us forward in many ways; it brought out some new
information. And I thank each one of you for being here and for
the work that you have done. I want to remind everyone that the
record will remain open for a week for you to submit any
additional comments. And maybe, Mr. Moravec, I do not know if a
government can move that quickly, you would do that. I want to
thank everyone again. The hearing is now adjourned.
[Whereupon, at 4:39 p.m., the hearing was adjourned.]
APPENDIX
Additional Material Submitted for the Record
----------
Statement of Bradford J. Race, Secretary and Chief of Staff to the
Governor, The Honorable George E. Pataki, Governor of the State of New
York
I would like to begin by thanking Senator Moynihan for his
leadership on this issue and testifying on behalf of the State of New
York. His tireless dedication to preserving this historic landmark is
the reason we are here today. I would also like to thank Mayor Giuliani
for his commitment to Governors Island and for everything he has done
to create such a productive partnership between the State and the City.
The Governor would also like to thank the local elected officials,
civic organizations and community groups who support the State and
City's Preservation Plan and the Governors Island Preservation Act of
2001. The State will continue to work cooperatively with all interested
groups so together we can ensure the protection of this magnificent
resource. Finally, my thanks to the General Services Administration and
the National Park Service for their valuable input into this
legislation.
The story of Governors Island is a unique one. Like the Statue of
Liberty and Ellis Island, Governors Island has helped define our
nation. Every year, more than five million people come from all over
the world to experience expressions of our civic values and history at
Liberty and Ellis Islands. Through enactment of this legislation,
Governors Island will soon join these national treasures and give
visitors yet another opportunity to celebrate the unique history of our
struggle for freedom and independence.
In 1637, Governors Island was purchased from Native Americans as an
estate for Dutch Governors of New Netherlands, later to become part of
New York City. The Island was eventually recognized for its strategic
value and, at the request of the federal government, the State of New
York ceded control of Governors Island for nominal consideration in
1800 to provide for the defense of the United States.
Governors Island has been occupied and operated as a military
facility for more than 200 years and has played a pivotal role in every
major military conflict from the American Revolution through World War
II. Governors Island over the years has served as a backdrop for many
important events, including the relighting of the Statue of Liberty in
1986. It was also the site of the final summit meeting between
President Reagan and Soviet Leader Mikhail Gorbachev in 1988 and United
Nations-sponsored talks to restore democratic rule to Haiti in 1993.
We have before us a unique opportunity to preserve this remarkable
history. Governor Pataki and Mayor Giuliani have agreed on a
Preservation Plan for Governors Island. This Preservation Plan will
transform Governors Island into a major civic, recreational, cultural,
and educational asset for all New Yorkers and the millions of Americans
who visit New York Harbor each year. The Preservation Plan reflects a
broad consensus about the future use of the Island and is supported by
local civic and community groups and local elected officials.
The Preservation Plan preserves the two nationally historically
significant 18th and 19th Century military fortifications, Fort Jay and
Castle William, on the northern portion of the Island for use by the
National Park Service. The Governor is pleased that the National Park
Service has agreed to join with the State and the City in the
preservation and protection of these historic structures and supports
the Governors Island National Monument designation. In addition to
these military fortifications serving as the centerpiece for this
nationally designated historic district, the remaining historic
structures will be adaptively reused for cultural facilities such as an
art and museum center, a conference center, extended stay hotel,
waterside dining, small retail shops and a limited amount of office
space. All activity in the northern portion of the Island will be in
accordance with the Governors Island Preservation and Design Manual
agreed to by federal, state, and city representatives.
The southern end of the Island will be transformed into a large 50-
acre public park, complete with recreation facilities, vast open space,
and opportunities for visitors to experience the spectacular views of
the Statue of Liberty and beautiful New York Harbor. A new museum
celebrating the significance of the Hudson River will include major
exhibits documenting the River's important ecological systems, the
significance of the Harbor in the ecology of marine life on the eastern
seaboard and the important role that New York Harbor has played in our
nation's history as a military and commercial center. A family activity
center, similar to Colonial Williamsburg, will focus on historical
themes such as the American Revolution and the history of America's
armed forces.
Governors Island will be a place where residents and visitors alike
can relax in a new public park, enjoy spectacular open spaces, and
experience America's rich and glorious history.
As you know, in 1997 the United States Coast Guard ceased military
operations at Governors Island. Since that time the federal government
has spent tens of millions of dollars to protect and maintain these now
abandoned facilities. The tine has come for the federal government to
return to the People of the State of New York this property so that
together we can make it available to people from around the country and
around the world.
The Governors Island Preservation Act of 2001 is the first step to
making that a reality. This legislation returns Governors Island back
to the State of New York at no cost. By passing this legislation, we
will be one step closer to preserving, enhancing, and opening to the
public one of the most important historical spaces in the nation.
As Americans living in the 21st Century we are truly blessed with a
proud history that was built upon the foundation of freedom. We have an
obligation to those who have sacrificed and to the generations of
Americans who have not yet been born to preserve, honor and celebrate
that history.
That is why Governor Pataki strongly urges you to join Senator
Moynihan and Mayor Giuliani and support the Governors Island
Preservation Act of 2001.
Thank you.
______
Idaho Fish and Game Commission,
Boise, ID, July 31, 2001.
Hon. Larry Craig,
U.S. Senate, 520 Hart Building, Washington, D.C.
Dear Senator Craig: The Idaho Fish and Game Commission strongly
supports H.R. 661 which ensures the continued access of hunters to
federal lands included in the newly expanded Craters of the Moon
National Monument.
The Craters of the Moon National Monument was expanded by
Presidential Proclamation on November 9, 2000. The expansion was
significant, increasing the size of the monument from about 53,000
acres to more than 660,000 acres. According to the proclamation, the
National Park Service will manage approximately 410,000 acres of the
expanded monument ``under the same laws and regulations that apply to
the current monument.'' Since the National Park Service does not allow
hunting within the existing monument, the Presidential Proclamation
effectively prohibits hunting within the expanded monument.
There is a common misconception that no hunting takes place on the
lava flows. Those willing to brave the remote and hostile terrain are
rewarded with a truly unique recreational experience. Hunters and
trappers have used this area, but would be prohibited from doing so by
the Presidential Proclamation. For that reason, the Idaho Fish and Game
Commission urges passage of H.R. 601, which would restore this
traditional use. We do, however, suggest the proposed legislation allow
other wildlife management practices on the expansion, like trapping and
aerial surveys.
Hunting, trapping and aerial surveys will not harm the resources
the monument was established and expanded to protect. These activities
will have no more effect on the lava flows and geologic resources than
hiking, photography and sightseeing.
Hunting and trapping will not interfere with other uses of the
monument. Both activities occur in the fall and winter, outside the
high visitation months of June, July and August. Under H.R. 601, these
activities will be allowed only on the newly expanded portion of the
monument. The original monument, with its parking areas and visitor
center, will remain closed to hunting.
Allowing hunting on lands managed by the National Park Service will
not set a precedent. When the Hagerman Fossil Beds National Monument
and the City of Rocks National Reserve were designated, both remained
open to hunting. The Idaho Department of Fish and Game has worked
closely with the National Park Service and the Idaho Department of
Parks and Recreation to ensure hunting does not conflict with other
uses of these lands. The Department is committed to continuing this
relationship on the expanded Craters of the Moon National Monument.
Further, prohibiting hunting and trapping on the expansion is
impractical, if not impossible. The proclamation grants the National
Park Service jurisdiction over the exposed lava flows and the Bureau of
Land Management authority over the sagebrush and grasslands surrounding
the flows. In reality, the boundary is not so clearly defined. Unless
the boundary is posted, the average hunter will find it difficult, if
not impossible, to determine whether he or she is on land managed by
the BLM, where hunting is allowed, or on lands managed by the National
Park Service, where hunting is prohibited. Adequately signing the
boundary would be expensive and unsightly, defeating the purpose of
protecting the scenic beauty of the area.
Prohibiting hunting on the expansion will have a negative effect on
adjacent landowners and the monument itself. In the last twenty years,
elk populations have increased dramatically on the sagebrush steppe
land surrounding the Monument and the Idaho National Engineering and
Environmental Laboratory. Prohibiting hunting will make it difficult to
control the size of these elk herds. Elk are very adaptable and quickly
learn where they are safe from hunting. They will spend daylight hours
in areas where hunting is prohibited and depredate adjacent
agricultural lands at night, adversely affecting nearby farmers and
ranchers.
In addition, a higher elk population could alter the unique native
plant communities found in the lava flows and smaller kipukas that the
monument is designed to protect. Large refuges like the expanded
Monument make it difficult to manage big game populations at a level
that is compatible with other resource uses and values.
In closing, the Idaho Fish and Game Commission urges quick action
on H.R. 601. In a matter of a few weeks, big game hunting seasons open
in Idaho. Without Congressional action, hunters will be prohibited from
hunting in areas traditionally open to them. The Idaho Fish and Game
Commission urges the Senate to resolve this issue before hunters take
to the field.
Sincerely,
Frederick L. Wood III, MD,
Chairman.
______
Governors Island Group,
New York City, NY, May 2, 2001.
Ms. Gale A. Norton,
Secretary of the Interior, Washington, DC.
Dear Secretary Norton: We are writing to let you know of the strong
local support for the recent establishment of the Governors Island
National Monument in New York Harbor.
Last year a broad-based and bipartisan coalition, led by Governor
Pataki and Mayor Giuilani, agreed on a plan to redevelop the Island as
a grand new civic space. At the heart of the plan was the creation of a
National Monument encompassing the forts in the Island's National
Landmark Historic District.
This new Park Service property will provide an unique opportunity
for all Americans to better understand the history of our country, in
particular, the crucial role played by the Harbor's fortification.
Given its location, the Forts will become a very popular place for
learning about the American Revolution and the early days of the
republic. The site and the stories that can be told there are a natural
complement to existing Park Service operations at Ellis Island, Statue
of Liberty, Castle Clinton, and Gateway National Recreation Area. It is
an extraordinary place, and well deserving of our country's highest
recognition.
In a recent letter to our local elected officials you asked for
input into the role that this Monument should play in New York and how
the National Park Service can best manage the property. The Governors
Island National Monument will be an important amenity for the tourist
and visitor industry in New York. In particular, the designation will
help buttress the State/City plans to reuse the approximately 1.2
million square feet of buildings in the National Historic Landmark
District on the Island for a variety of self-sustaining educational and
hospitality uses.
The relationship between the Monument and these other Island
activities could be strengthened by ensuring that the Management Plan
that the Park Service prepares for the Monument also addresses
opportunities for NPS interpretation of the significant historic
resources on the Island outside of the formal Monument boundaries.
These include that portion of the Parade Grounds outside of the
Monument Boundary as well as the Admirals Quarters, the National
Landmark that was home to many famous Army Generals and used for a
summit between President Reagan and Soviet President Mikhail Gorbachev.
Thank you for your interest in the future of the Monument and
Governors Island. Insuring that Governors Island is returned to the
citizens of New York and made into a major public amenity is one of the
highest priorities of the civic community of this region. The agreed-
upon plan to create a self-sustaining public resource with exciting
historic, cultural, recreational, and commercial activities has been
enthusiastically endorsed by both business and environmental leaders.
It has received widespread bipartisan political support, including
every member of the New York congressional delegation. We trust that
you and the Bush Administration will also join the broad base of
support for this plan, including the National Monument designation.
Very truly yours,
Kent Barwick, President, The Municipal Art Society;
Simeon Bankoff, Executive Director,
Historic Districts Council; Peg Breen,
President, New York Landmarks Conservancy;
Antonia Bryson, Executive Director, Urban
Environmental Law Center, Inc.; Albert K.
Butzel, Chair, Hudson River Park Alliance;
H. Claude Shostal, President, Regional Plan
Association; James T.B. Tripp, General
Counsel, Environmental Defense; Margaret
Helfand, President, American Institute of
Architects/New York Chapter; Scott Heyl,
President, Preservation League of New York
State; Elizabeth Lubetkin Lipton,
President, Ellie King, Chair, Arts and
Landmarks Committee; Mark Caserta, Director
of Public Policy, The Parks Council; Robert
J. Kafin, Chair of the Board, New York
Parks and Conservation Association.