[Senate Hearing 110-104]
[From the U.S. Government Publishing Office]
S. Hrg. 110-104
CURRENT NATIONAL PARKS LEGISLATION
=======================================================================
HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
ON
S. 553 S. 800
S. 916 S. 1057
S. 1209 S. 1281
H.R. 161 H.R. 247
H.R. 376
__________
MAY 15, 2007
Printed for the use of the
Committee on Energy and Natural Resources
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37-069 PDF WASHINGTON DC: 2007
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
DANIEL K. AKAKA, Hawaii PETE V. DOMENICI, New Mexico
BYRON L. DORGAN, North Dakota LARRY E. CRAIG, Idaho
RON WYDEN, Oregon CRAIG THOMAS, Wyoming
TIM JOHNSON, South Dakota LISA MURKOWSKI, Alaska
MARY L. LANDRIEU, Louisiana RICHARD BURR, North Carolina
MARIA CANTWELL, Washington JIM DeMINT, South Carolina
KEN SALAZAR, Colorado BOB CORKER, Tennessee
ROBERT MENENDEZ, New Jersey JEFF SESSIONS, Alabama
BLANCHE L. LINCOLN, Arkansas GORDON H. SMITH, Oregon
BERNARD SANDERS, Vermont JIM BUNNING, Kentucky
JON TESTER, Montana MEL MARTINEZ, Florida
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
Frank Macchiarola, Republican Staff Director
Judith K. Pensabene, Republican Chief Counsel
------
subcommittee on National Parks
DANIEL K. AKAKA, Hawaii, Chairman
BYRON L. DORGAN, North Dakota CRAIG THOMAS, Wyoming
MARY L. LANDRIEU, Louisiana LISA MURKOWSKI, Alaska
KEN SALAZAR, Colorado RICHARD BURR, North Carolina
ROBERT MENENDEZ, New Jersey BOB CORKER, Tennessee
BLANCHE L. LINCOLN, Arkansas JEFF SESSIONS, Alabama
BERNARD SANDERS, Vermont GORDON H. SMITH, Oregon
JON TESTER, Montana MEL MARTINEZ, Florida
Jeff Bingaman and Pete V. Domenici are Ex Officio Members of the
Subcommittee
C O N T E N T S
----------
STATEMENTS
Page
Akaka, Hon. Daniel K., U.S. Senator from Hawaii.................. 1
Burr, Hon. Richard, U.S. Senator from North Carolina............. 8
Cantwell, Hon. Maria, U.S. Senator from Washington............... 31
Craig, Hon. Larry E., U.S. Senator from Idaho.................... 7
Dennis, Jack, Honorary Chairman, Campaign for The Snake
Headwaters, Jackson, WY........................................ 32
Dodd, Hon. Christopher J., U.S. Senator from Connecticut......... 12
Feinstein, Hon. Dianne, U.S. Senator from California............. 1
Holtrop, Joel, Deputy Chief, National Forest Service, Department
of Agriculture................................................. 23
Ikeda, Tom, Executive Director, Densho: The Japanese American
Legacy Project................................................. 35
Santucci, George, Executive Director, National Committee for The
New
River.......................................................... 40
Schumer, Hon. Charles E., U.S. Senator from New York............. 9
Thomas, Hon. Craig, U.S. Senator from Wyoming.................... 6
Vail, Timothy B., D.V.M., Vail & Vickers Company, Santa Rosa
Island, CA..................................................... 43
Wenk, Daniel N., Deputy Director for Operations, National Park
Service, Department of the Interior............................ 13
APPENDIXES
Appendix I
Responses to additional questions................................ 57
Appendix II
Additional material submitted for the record..................... 69
CURRENT NATIONAL PARKS LEGISLATION
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TUESDAY, MAY 15, 2007
U.S. Senate,
subcommittee on National Parks,
Committee on Energy and Natural Resources,
Washington, DC.
The subcommittee met, pursuant to notice, at 3:05 p.m., in
room SD-366, Dirksen Senate Office Building, Hon. Daniel K.
Akaka presiding.
STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR
FROM HAWAII
Senator Akaka. The Committee on Energy and Natural
Resources, Subcommittee on National Parks will come to order.
I would like, to begin with, to receive your statement
first. So I ask Senator Feinstein, before my statement, to
proceed with your statement at this point in time.
STATEMENT OF HON. DIANNE FEINSTEIN, U.S. SENATOR
FROM CALIFORNIA
Senator Feinstein. Well, thank you very much, Mr. Chairman.
I very much appreciate that courtesy. I would like you to know
that I make this statement on behalf of my colleague Senator
Boxer, who is on the floor handling the bill.
Mr. Chairman, this legislation aims to protect--and this is
the second year we have been here for this. This legislation
was passed out of this subcommittee last year. Its aim is to
protect the spectacular, rugged, and truly unique habitat of
Santa Rosa Island for the enjoyment of the public by clarifying
the future use and management of the park.
Santa Rosa is approximately 53,000 acres. It lies 50 miles
west of Ventura Harbor in southern California. It is the second
largest of the five islands making up the Channel Islands
National Park. It is unspoiled, ecologically sensitive, has
terrain ranging from grassy hills to steep, wind-carved canyons
to white sandy beaches.
In 1986--and this is the key--the taxpayers paid the Vail &
Vickers Company approximately $30 million to acquire this
island to restore its native ecology and provide public access.
In 1997 there was a court-approved settlement that stipulated
that Vail & Vickers had to remove the non-native deer and elk
herds from the island by 2011. This is because from mid-August
through mid-November about 90 percent of the island is closed
to the public--so despite the fact it is a national park, it is
closed to the public--so that trophy hunts targeting non-native
deer and elk can take place. Some of those trophies are as much
as $16,000 for a head.
I believe that the limitation of public access to this
island would be a mistake. This is, after all, the public's
land. It is a national park. The public should be able to
visit. That is why we introduced this legislation.
Late last year, Congressman Hunter added a provision to the
2007 defense authorization bill that essentially stated this:
The Secretary of the Interior shall immediately cease the plan
approved in the court settlement agreement, to exterminate the
deer and elk on Santa Rosa Island, Channel Islands, by
helicopter and shall not exterminate or nearly exterminate the
deer and elk.
The goal of this legislation that Senator Boxer and I have
introduced is simply to repeal this provision; no more, no
less.
Now, let me clarify some misconceptions about the bill. The
National Rifle Association and a number of other groups have
contended that the bill would seek to end hunting on Santa Rosa
by 2011--hunting that would otherwise continue. This is
incorrect. The court-approved settlement requires the hunting
to end by 2011 and the Duncan Hunter provision I just read does
nothing to alter the end date for the hunting.
This is not just my view; it is the interpretation of the
National Park Service Director Mary Bomar in an April 2007
letter to Congresswoman Capps, which I ask, Mr. Chairman, be
added to the record.
Senator Akaka. It will be included in the record.
Senator Feinstein. Thank you.
Instead of altering the 2007 end date for hunting on the
island, Congressman Hunter's provision addresses the question
of how the existing deer and elk on the island are to be
removed. These animals are the private personal property of the
Vail & Vickers Company and it is up to the company to remove
them from Santa Rosa Island per the settlement agreement.
The National Park Service has made it clear that no plan
for the extermination of the deer and elk has been presented to
them or internally generated. While the settlement agreement
seems to suggest that the Park Service might help in sharing
unusual costs related to the removal, the provision in last
year's defense authorization bill may well prevent the Park
Service from assisting in this process.
I have been informed by the National Park Service that
should the Vail & Vickers Company request their assistance to
remove the animals they would be willing to provide guidance on
removing the herds, including potential non-lethal options of
transporting the deer and elk off the island. For my part, I
stand ready to work with the National Park Service on this
issue if its assistance is requested.
The settlement agreement declares the deer and elk again to
be the private property of Vail & Vickers and it says the
method of removal must be decided by the owners. So this is up
to them. Thus, contrary to the suggestion of opponents of this
bill, there is nothing in this legislation requiring the mass
culling of non-native deer and elk off the island.
Originally Congressman Hunter said the goal of his language
was to provide enhanced hunting opportunities for disabled
veterans. The problem is the island is not suitable for
paralyzed veterans, and as a matter of fact the Paralyzed
Veterans of America in July 2006 went over to see if it was,
and they reached the conclusion that, ``Numerous obstacles
inherent to the island, including ingress and egress,
logistics, personal safety, and cost, far outweigh the possible
limited benefit it could provide.''
I ask that a copy of this statement be entered into the
record as well.
Senator Akaka. It will be included in the record.
Senator Feinstein. Additionally, I want to make clear that
both Senator Boxer and I fully support the settlement
agreement. Nothing in this bill would prevent hunting on the
island from continuing through 2011, as it is allowed to in the
settlement agreement.
I also believe that the Park Service should continue
managing this national park for the benefit of the general
public. This legislation would safeguard Santa Rosa Island in
just this manner. I think to allow anything less is a waste of
taxpayer dollars. Remember, that island was purchased by the
Federal Government for a national park from Vail & Vickers.
So I thank the committee and I ask you for your support on
the bill.
[The prepared statement of Senator Feinstein follows:]
Prepared Statement of Hon. Dianne Feinstein, U.S. Senator From
California
Chairman Akaka, Senator Thomas (Ranking Member), and Members of the
Subcommittee--let me thank you for the opportunity to testify before
you on S. 1209, the ``Channel Islands National Park Management Act.''
My cosponsor Senator Boxer sends her strong support for the bill and
her regrets that she can't be here due to her responsibilities for
managing the WRDA legislation on the floor.
This legislation protects the spectacular, rugged, and truly unique
habitat of Santa Rosa Island for the enjoyment of the public by
clarifying the future use and management of the Park.
For those who may not know, Santa Rosa Island is approximately
53,000 acres and lies 50 miles west of Ventura Harbor. It is the second
largest of the five islands making up the Channel Islands National
Park.
It is unspoiled and ecologically sensitive with terrain ranging
from grassy hills to steep, wind-carved canyons to white sandy beaches.
In 1986, the taxpayers paid the Vail and Vickers Company
approximately $30 million to acquire Santa Rosa Island in order to
restore its native ecology and provide public access.
Later, in 1997, a court-approved settlement agreement stipulated
that Vail and Vickers had to remove the non-native deer and elk herds
from Santa Rosa by 2011.
This is because from mid-August through mid-November, about 90
percent of the island is closed to the public so that trophy hunts
targeting non-native deer and elk can take place.
I believe the continued limitation of public access to the island
would be a mistake. This is the public's land. It's a national park,
and the public should be able to visit it and enjoy its breath-taking
beauty and remoteness year round. That is why we introduced this
legislation--to clarify that the settlement agreement restoring full
public access to the island by 2011 can be implemented without
ambiguity or complication.
Late last year, Congressman Hunter added a provision to the FY07
Defense Authorization bill that states the following:
The Secretary of the Interior shall immediately cease the
plan, approved in the settlement agreement for case number 96-
7412 WJR and case number 97-4098 WJR, to exterminate the deer
and elk on Santa Rosa Island, Channel Islands, by helicopter
and shall not exterminate or nearly exterminate the deer and
elk.
The goal of my legislation is simply to repeal this provision--no
more and no less.
Let me clarify some misconceptions about my bill. First of all, the
National Rifle Association and a number of other groups have contended
that the bill would seek to end hunting on Santa Rosa Island by 2011,
hunting that would otherwise continue.
This is incorrect. The court-approved settlement agreement requires
the hunting to end by 2011, and the Duncan Hunter provision that I just
read does nothing to alter this end date for the hunting. This is not
just my view--this is the interpretation of National Park Service
Director Mary Bomar in an April 2007 letter to Congressman Capps, which
I ask be included in the record.
Instead of altering the 2011 end date for hunting on the island,
Congressman Hunter's provision addresses the question of how the
existing deer and elk on the island are to be removed.
These animals are the ``private personal property'' of the Vail and
Vickers Company, and it is up to the company to remove them from Santa
Rosa Island per the settlement agreement.
The National Park Service has made it clear that no plan for the
``extermination'' of the deer and elk has been presented to them or
internally generated.
And while the Settlement Agreement seems to suggest that the Park
Service might help in sharing ``unusual costs'' related to the removal,
the provision in last year's Defense Authorization bill may well
prevent the Park Service from assisting in this process.
I have been informed by the National Park Service that should the
Vail and Vickers Company request their assistance to remove the
animals, they would be willing to provide guidance on removing the
herds, including potential non-lethal options of transporting the deer
and elk off the island. For my part, I stand ready to work with the
National Park Service on this issue if its assistance is requested.
The settlement agreement declares the deer and elk to be the
private property of Vail and Vickers and says the method of removal
must be decided by the owners.
Thus, contrary to the suggestion of opponents of the bill, there is
nothing in this legislation requiring the mass culling of the non-
native deer and elk population on the island.
Originally Congressman Hunter said the goal of his language was to
provide enhanced hunting opportunities for disabled Veterans.
While we all support providing hunting opportunities for our
Veterans, it is clear that it is neither a practical nor viable option
to use Santa Rosa Island as a hunting reserve for injured and disabled
veterans.
This is not just my view, but also the view of the Paralyzed
Veterans of America.
In July 2006, following an investigative visit to Santa Rosa, the
Paralyzed Veterans of America reached the conclusion that the
``numerous obstacles inherent to the island, including ingress and
egress, logistics, personal safety and cost, far outweigh the possible,
limited benefit it could provide.'' I would ask that a copy of this
statement be inserted in the record.
Additionally, I want to make clear that I fully support the
settlement agreement. Nothing in this bill would prevent hunting on the
island from continuing through 2011, as it is allowed to in the
settlement agreement.
In conclusion, I strongly believe that the Park Service should
continue managing this National Park for the benefit of the general
public. This legislation would safeguard Santa Rosa Island in just this
manner. To allow any less would be a waste of taxpayer dollars and
wrongly limit the public's access to this national treasure.
I thank the Committee and ask for your support for this bill.
Senator Akaka. Thank you very much, Senator Feinstein.
Thank you for your statement.
Senator Feinstein. Thank you.
Senator Akaka. Thank you so much.
Senator Feinstein. May I be excused to go to that----
Senator Akaka. You certainly may.
Senator Feinstein. Thank you very much.
Senator Akaka. Thank you for being here.
Senator Feinstein. I appreciate that. Thank you.
Senator Craig. Mr. Chairman, before the Senator leaves----
Senator Akaka. Senator Craig.
Senator Craig. I just wanted to make a comment. The three
of us were up here discussing a field trip to the island some
time in late summer with camo and hunting gear.
Senator Feinstein. You would.
[Laughter.]
Senator Craig. No, we would like to have you go with us.
Senator Feinstein. Actually, I would like to go to the
island. I accept.
Senator Craig. There you go. Thank you.
Thank you, Mr. Chairman.
Senator Akaka. Thank you very much, Senator Feinstein. You
are excused.
Senator Feinstein. Thank you.
Senator Akaka. The purpose of the hearing is to consider
the following bills: S. 553, Senator Dodd's bill to designate
certain segments of the Eightmile River in the State of
Connecticut as components of the National Wild and Scenic
Rivers System;
S. 800, Senator Schumer's bill to establish the Niagara
Falls National Heritage Area in the State of New York;
S. 916, Senator Craig and Senator Cantwell's bill to modify
the boundary of the Minidoka Internment National Monument, and
for other purposes;
S. 1057, Senator Byrd's bill to designate certain segments
of the New River in the States of North Carolina and Virginia
as components of the National Wild and Scenic Rivers System;
S. 1209, Senator Feinstein's bill to provide for the
continued administration of Santa Rosa Island, part of the
Channel Islands National Park, in accordance with the laws,
regulations, and policies of the National Park Service;
And S. 1281, Senator Thomas's bill to designate certain
rivers and streams of the headwaters of the Snake River in
Wyoming as additions to the National Wild and Scenic Rivers
System.
We also have three House-passed bills on the agenda:
H.R. 161, to adjust the boundary of the Minidoka Internment
National Monument to include a memorial on Bainbridge Island,
Washington;
H.R. 247, to designate a Forest Service trail at Waldo Lake
in the Willamette National Forest in the State of Oregon as a
national recreation trail in honor of Jim Weaver, a former
member of the House of Representatives;
And H.R. 376, to authorize a special resource study to
determine the suitability and feasibility of including the
battlefields and related sites of the First and Second Battles
of Newtonia, Missouri, during the Civil War as part of Wilson's
Creek National Battlefield or other appropriate designation.
As you can see, we have a very ambitious agenda today.
Based on the written testimony the committee has received, I
believe most of these bills will be noncontroversial. I will
work with the bills' sponsors and Senator Thomas on any
necessary amendments so that they can be ready for full
committee markup as soon as possible.
We do have opposing views on the bill S. 1209, Senator
Feinstein's bill addressing the management of Santa Rosa
Island, California, which is part of the Channel Islands
National Park. Last year language was included by the House of
Representatives in the defense authorization bill to modify the
management of Santa Rosa Island with respect to deer and elk on
the island that are managed under a court-approved settlement
agreement.
The provision was included outside of the committees of
jurisdiction and was opposed by both the California Senators
and the Congresswoman in whose district the park lies. In
response to that proposal, this committee unanimously reported
and the Senate subsequently passed a resolution urging that
Santa Rosa Island be managed in accordance with the laws that
govern the management of national parks.
Consistent with that resolution, I support Senator
Feinstein's effort to repeal last year's rider and to clarify
that this national park will be managed by the same standards
that apply to all other national park areas.
I understand that there is considerable disagreement
between the Park Service and the former owners of the island
about the effect of the deer and elk on park resources, as well
as the broader question of whether hunting should be permitted
in a national park. Representatives from both the National Park
Service and the Vail & Vickers Company will testify today, so
we can explore those issues in greater detail.
At this time I would like to recognize the ranking member
of the subcommittee, Senator Thomas, for any statement you
would care to make.
STATEMENT OF HON. CRAIG THOMAS, U.S. SENATOR
FROM WYOMING
Senator Thomas. Thank you, Senator Akaka.
First I would like to welcome Jack Dennis from Jackson,
Wyoming, who is here to testify for the scenic rivers bill. He
is one of the world-famous fly fishermen, so I think that is
particularly important.
Thank you for holding this hearing and for including the
bill to designate the Snake River headwaters and certain
tributaries as an addition to the National Wild and Scenic
Rivers System. It recognizes the best free-flowing rivers in
the United States by preserving the outstanding and remarkable
features and values. I am proud to say that Wyoming is home to
some of the cleanest and most free-flowing rivers in our
Nation. So I will not take more time, but I think it is very
important, this river that is headquartered right next to Teton
National Park, Yellowstone National Park, the Forest Service
area there, and I think it is very appropriate.
By the way, we are in the process of putting some
clarifying language in so that Idaho will not have to worry
about removing some of the water from the lake through the
river.
Thank you for the witnesses being here and thanks for
having this hearing.
Senator Akaka. Thank you very much, Senator Thomas.
Senator Craig.
STATEMENT OF HON. LARRY E. CRAIG, U.S. SENATOR
FROM IDAHO
Senator Craig. Mr. Chairman, thank you very much.
I wanted to put in the record a statement in relation to
the Minidoka National Historic Site, which is S. 916. I along
with Senators Cantwell, Crapo, and Murray have introduced
legislation to expand the boundaries of Minidoka Internment
National Monument that was created by presidential proclamation
in 2001.
Many of you may remember a dark moment in our history in
1942 during World War II. The United States forcibly removed
Japanese Americans from their homes to relocation centers
similar to the site in Idaho. The Minidoka camp was a temporary
home for over 13,000 Japanese Americans until 1945. From that,
nearly 1,000 of those internees fought in the United States
military and more than 70 of them gave their lives.
S. 916 creates the Bainbridge Island Japanese American
Memorial, increases the size of the Minidoka Internment
National Monument, and changes the name to ``Minidoka National
Historic Site'' and authorizes a title transfer from the Bureau
of Reclamation to the American Falls Reservoir District No. 2.
Additionally, this bill conveys facilities, lands, and
buildings to various groups, including State of Idaho
Department of Fish and Game, City of Gooding, and the National
Park Service. Many of these lands and buildings are already
being managed by these groups.
The process to determine the lands and purpose was widely
cooperative and is supported by local constituents and the
local government. This bill makes perfect economic sense for
the Bureau of Reclamation, the National Park Service, as well
as local communities in Idaho and Washington.
However, in working with the Senate co-sponsors,
Congressmen Inslee and Simpson, with all of them, we have
crafted a substitute amendment. The substitute would include
the current language, along with a 128-acre Farm in a Day site.
For those of you who are not familiar with the Farm in a Day
concept, it was quite a community event. People from around the
country would assemble and build one or more farms in a single
day. This Farm in a Day site provided land for returning
soldiers from World War II--and it would be a great educational
site for future generations.
We have distributed copies of the substitute amendment, Mr.
Chairman, to the National Park Service as well as the committee
and will offer the substitute in the appropriate committee
markup.
I would like to provide my statement as well as the letter
dated May 4, 2007, from the Conservation Fund as a part of the
record, and I thank you.
[The prepared statement of Senator Craig follows:]
Prepared Statement of Hon. Larry E. Craig, U.S. Senator From Idaho
I along with Senators Cantwell, Crapo, and Murray have introduced
legislation to expand the boundaries of the Minidoka Interment National
Monument that was created by Presidential proclamation in 2001.
Many of you may remember a dark moment in our history, in 1942
during World War II, the United States forcibly removed Japanese-
Americans from their homes to relocation centers similar to the site in
Idaho. The Minidoka camp was a temporary home for over 13,000 Japanese-
Americans until 1945. From that, nearly 1,000 of those internees fought
in the United States military and more than 70 of them gave their
lives.
S. 916 creates the Bainbridge Island Japanese American Memorial,
increases the size of the Minidoka Interment National Monument and
changes the name to Minidoka National Historic Site, and authorizes a
title transfer from the Bureau of Reclamation to the American Falls
Reservoir District Number 2.
Additionally, this bill conveys facilities, lands, and buildings to
various groups including the State of Idaho, the Department of Fish and
Game, the City of Gooding and the National Park Service. Many of these
lands and buildings are already being managed by these groups.
The process to determine lands and purpose was widely cooperative
and is supported by local constituents and governments. This bill makes
perfect economic sense for the Bureau of Reclamation, National Park
Service as well as local communities in Idaho and Washington.
However, in working with the Senate cosponsors and Congressmen
Inslee and Simpson, we have crafted a substitute amendment. The
substitute would include the current language along with a 128-acre
``farm in a day'' site.
For those of you who are not familiar with the ``farm in a day''
concept, it was quite the community event. People from around the
county would assemble and build one or more farms in a single day. This
``farm in a day'' site provided land for returning soldiers from World
War II and would be a great educational site for future generations.
We have distributed copies of the substitute amendment to the
National Park Service as well as to the committee and will offer the
substitute in the appropriate committee markup.
I would like to make my statement as well as a letter dated May
4th, 2007 from the Conservation Fund as part of the record.
Thank You.
Senator Akaka. Your statement and the letter will be
included in the record.
Senator Akaka. Senator Burr.
STATEMENT OF HON. RICHARD BURR, U.S. SENATOR FROM NORTH
CAROLINA
Senator Burr. Thank you, Mr. Chairman.
I would also like to welcome George Santucci, who is the
Executive Director of the National Committee for the New River,
who lives in West Jefferson, North Carolina, who is testifying
today.
North Carolina is blessed with one of the oldest rivers in
the country, the New River. It's unique in that it flows south
to north, as it originates in the Appalachians, flows through
North Carolina and Virginia several times before heading to the
State of West Virginia and creating one of the most
breathtaking natural wonders in the East, the New River Gorge.
In 1976 North Carolina decided the headwaters of the New
River should be protected for future generations and, in
conjunction with the Department of the Interior, designated the
New River as part of the National Wild and Scenic Rivers
System. In the mid-1990s, the New River was the first of the
Clinton Administration's proposals for American Heritage Rivers
and the President and Vice President at the time went down for
that ceremony.
I wish that now, over 30 years later, I felt secure that
the New River was protected from environmental degradation.
Unfortunately, there are some who view the New River as
insignificant and essentially a dumping ground for State
projects that no one else wants. Because of these actions, it
is clear to me that we need to protect the New River and remind
those who would do it harm that it does not belong to Virginia
or North Carolina or West Virginia; it is a treasure for all
Americans.
That is why I introduced this bill, so that the New River
will be protected today and in the future for the people of
North Carolina, Virginia, West Virginia, and for all the people
in this country.
I thank the chair and I yield back.
Senator Akaka. Thank you very much, Senator Burr.
Now we are glad to have Senator Schumer and we look forward
to your statement, Senator Schumer.
STATEMENT OF HON. CHARLES E. SCHUMER, U.S. SENATOR FROM NEW
YORK
Senator Schumer. Well, thank you, Mr. Chairman, and I want
to thank you and ranking member Thomas for holding this
hearing. I know you have a busy agenda, as you have outlined,
so I will keep my remarks brief and ask unanimous consent that
my entire statement be read into the record.
Senator Akaka. Without objection, it will be included in
the record.
Senator Schumer. I am here to testify today in strong
support of S. 800. That is the Niagara Falls National Heritage
Area Act. This important legislation would designate land and
thematic sites along the entire Niagara River corridor from
Buffalo in the south to Lake Ontario in the north as a national
heritage area. For the first 5 years of this heritage area, a
Federal commission would work to implement a management plan to
capture the full benefits of the natural, historic, cultural,
and recreational resources of the entire Niagara Falls region.
Establishing this heritage area will allow us to protect the
world-class natural resources of Niagara Falls, while promoting
tourism and economic development in the region.
Known all over the world, Niagara Falls is a geological
wonder that has drawn visitors for more than 200 years. But the
region has so much more than just the profound drama of
cascading water. The Niagara corridor has played an important
role in our Nation's history. Native American culture, early
European exploration, the French and Indian War, the American
Revolution, the War of 1812, the Underground Railroad, and the
development of hydroelectric power all have strong connections
to the region.
Furthermore, the Niagara River corridor abounds with scenic
beauty that offers something for recreational enthusiasts of
all stripes. With numerous State parks in the vicinity, hikers,
fishermen, birders, hunters flock to the region to enjoy its
outdoor splendor.
Despite these strong assets for tourism, visits on the U.S.
side of Niagara Falls have been on the decline for several
years. Too much of the New York side of the border is marked by
aging Niagara Falls and blighted land. All too frequently,
visitors spend far more time on the Canadian side of the falls
while barely visiting the New York side. We need to reverse
this trend, Mr. Chairman.
Let me be clear. The attractions and resources exist for
the Niagara River corridor to become a world-class destination.
But the attractions it offers lack a comprehensive unifying
thread that ties the elements together in a meaningful way for
the visitor. Designating the land a heritage area will help us
link the existing sites of interest in a coordinated fashion,
market the region effectively and attract more visitors. It
will promote collaboration among Federal, State, and local
resources to help spur investment in economic development in
the region.
Already a great deal of time and effort has been devoted to
making this heritage area a reality. Every step of the way has
been marked by significant participation and guidance from the
National Park Service. In fact, it was a National Park Service
employee who suggested the heritage area was appropriate for
Niagara Falls when we started working on this about 6 years
ago.
In 2001, at my request, an NPS reconnaissance team visited
the region and recommended a congressionally authorized study
to be undertaken to determine the best development strategies
for the area along the Niagara River. In 2005 the Park Service
completed that study. They found strong local support for the
heritage area as well as the need for the resources it would
offer. The report wrote that, ``In order for Niagara Falls to
fulfill its strategic role as a key regional attraction, it is
necessary for it to upgrade the visitor experience to match the
expectations of 21st century travelers.''
The study concluded that, based on Niagara Falls's natural
and cultural resources, the evidence of a thematic framework,
the potential for effective public and private partnerships, as
well as strong public support, the region met the criteria for
designation as a national heritage area.
The $10 million authorized under this Act should help
Niagara Falls realize a substantial return on that investment.
First and foremost, any Federal expenditure would have to be
matched by State, local, or private contributions, adding
millions more to the region. Second, it is estimated
implementing the heritage area would attract 140,000 new
visitors per year. Some estimates say that that would infuse up
to $20 million into the local economy.
The Federal commission charged with formulating a
management plan represents the best of both worlds. The
commission will benefit from the expertise of the National Park
Service and Department of the Interior in formulating a
management plan. Yet it will be comprised of local leaders
familiar with the region's needs and character. That was one of
the reasons we chose this, Mr. Chairman, to have the blend.
You might ask why Niagara Falls does not have any Federal
designation when it is such a wonder, and it is because of this
constant concern about local input and national needs. The Park
Service helped us come up with this plan.
It is my understanding that the National Park Service is
looking to make a few technical corrections to this bill in
order to clarify the appointments process of the commission
members and create an interim management review. I look forward
to working with the Department and the committee to ensure this
bill is satisfactory to all parties.
Mr. Chairman, in conclusion, with the summer season fast
approaching--summer tourist season--we are reminded that far
too many visitors only view Niagara Falls from the Canadian
side. They have missed out on the history, culture, recreation,
and natural beauty that are found in equal measure on the New
York side. This legislation will take great strides in
balancing the inequity and help revitalize an area of our
country in need of investment and economic development.
I want to thank you and ranking member Thomas for this
important hearing.
[The prepared statement of Senator Schumer follows:]
Prepared Statement of Hon. Charles E. Schumer, U.S. Senator From
New York
Good afternoon to all the members of the Subcommittee on National
Parks. I'd like to begin by giving special thanks to Chairman Akaka and
Ranking Member Thomas for holding this hearing today. I know the
Subcommittee has a full agenda, so I will keep my remarks brief.
I am here to today to testify in strong support of S. 800, the
Niagara Falls National Heritage Area Act. This important legislation
would designate land and thematic sites surrounding the entire Niagara
River corridor from Buffalo in the south, to Lake Ontario in the North,
as a National Heritage Area.
For the first five years of this heritage area, a federal
commission would work to implement a management plan to capture the
full benefits of the natural, historic, cultural and recreational
resources of the entire Niagara Falls region. Establishing this
heritage area will allow us to protect the world class natural
resources of Niagara Falls, while promoting tourism and economic
development in the region.
Known the world over, Niagara Falls is a geological wonder that has
drawn visitors for more than 200 years. But the region has so much more
than just the profound drama of cascading water.
The Niagara River corridor has played an important role in our
nation's history. Native American culture, early European exploration,
the French and Indian War, the American Revolution, the War of 1812,
the Underground Railroad and the development of hydro-electric power
all have strong connections to the region.
Furthermore, the Niagara River corridor abounds with scenic beauty
that offers something for recreational enthusiasts of all stripes. With
numerous State parks in the vicinity, hikers, fisherman, birders and
hunters flock to the region to enjoy its outdoor splendor.
Yet despite these strong assets for tourism, visits on the U.S.
side of Niagara Falls have been on the decline for several years. Too
much of the New York side of the border is marked by aging
infrastructure and blighted land. And all too frequently, visitors
spend far more time on the Canadian side of the falls, while barely
visiting the New York side. We need to reverse this trend.
Let me be clear: the attractions and resources exist for the
Niagara River corridor to become a world class destination. But the
attractions it offers lack a comprehensive, unifying thread that ties
the elements together in a meaningful way for the visitor.
Designating the land a heritage area will help us link the existing
sites of interest in a coordinated fashion, market the region
effectively and attract more visitors. It will promote collaboration
among federal, state and local resources and help spur investment and
economic development in the region.
Already, a great deal of time and effort has been devoted to making
this heritage Area a reality. Every step of the way has been marked by
significant participation and guidance from the National Parks Service.
In 2001, at my request, an NPS reconnaissance team visited the region
and recommended a congressionally authorized study be undertaken to
determine the best development strategies for area along the Niagara
River.
In 2005, the National Parks Service completed that study which
provided an extensive analysis of the area. They found strong local
support for the heritage area as well as a need for the resources it
would offer. The report wrote that ``In order for Niagara Falls to
fulfill its strategic role as a key regional attraction, it is
necessary for it to upgrade the visitor experience to match the
expectations of 21st-century travelers.''
The study concluded that based on Niagara Falls' natural and
cultural resources, the evidence of a thematic framework, the potential
for effective public and private partnerships, as well as strong public
support, the region met the criteria for designation as a National
Heritage Area.
The $10 million authorized under this act should help Niagara Falls
realize a substantial return on investment. First and foremost, any
federal expenditure would be matched by state, local or private
contributions, adding millions more in investment to region. Second, it
is estimated that implementing the heritage area would attract 140,000
new visitors per year. Some estimates project that this would infuse up
to $20 million into the local economy every year.
The federal commission charged with formulating a management plan
represents the best of both worlds. It will benefit from the expertise
and experience of the National Parks Service and the Department of the
Interior in formulating a management plan. Yet it will be comprised of
local leaders familiar with the regions needs and character.
It is my understanding that the National Parks Service is looking
to make a few technical corrections to this bill in order to clarify
the appointments process of commission members and to create an interim
management review. I look forward to working with the department and
the committee to ensure that this bill is fully satisfactory to all
parties.
With the summer tourist season fast approaching, we are reminded
that far too many visitors only view Niagara Falls from the Canadian
side of the border. They have missed out on the history, culture,
recreation and natural beauty that are found in equal measure on the
United States' side. This legislation will take great strides in
balancing that inequity and help revitalize an area of our country in
need of investment and economic development. I thank the Chair and the
Committee for hearing this important issue.
Senator Akaka. Thank you very much, Senator Schumer, for
your statement. Thank you.
Are there any questions?
[No response.]
Senator Akaka. There are none. Thank you so much for being
here.
I would like to include in the record a statement from
Senator Dodd.
[The prepared statement of Senator Dodd follows:]
Prepared Statement of Hon. Christopher J. Dodd, U.S. Senator
From Connecticut
Chairman Akaka, Ranking Member Thomas, and members of the
Subcommittee, thank you for the opportunity to testify in support of S.
553, the Eightmile Wild and Scenic River Act. I am pleased that with my
friend and cosponsor Senator Lieberman I have introduced this bill to
designate the Eightmile River in Connecticut a part of the Wild and
Scenic Rivers System. In the House, Representatives Courtney, DeLauro,
Larson, Murphy, and Shays have introduced companion legislation, and I
am pleased to note that two weeks ago it was favorably reported.
I think that the fact that the entire Congressional delegation has
agreed to cosponsor this legislation speaks to the broad support
designation of the Eightmile River has in Connecticut. The Connecticut
State Legislature expressed its support by passing Public Act 05-18,
declaring it the policy of the State that the river be preserved as
provided for in the Wild and Scenic Rivers act and directing the
Commissioner of Environmental Protection to cooperate and assist in
implementing the management plan. And, most importantly, designation is
supported by the communities that will be most affected, those in the
Eightmile watershed. This effort to preserve the special attributes of
the Eightmile is a product of the communities' recognition of the
beauty and fragility of the special place in which they live. Votes in
each community were strongly in favor of designation, in part because
the study process and debate allowed for many perspectives to be heard.
I know of no organized opposition.
The attributes of the river that are so valued by the residents of
Connecticut include its clean water, with 92% of the watershed's
streamwater meeting the State's highest quality standards, and no point
sources of pollution. The streams flow freely with no dams or
diversions--rare in a state that has been densely populated as long as
Connecticut. Eighty percent of the land area is forested. The natural
streams and large areas of interconneted forest provide habitat for
rare species. The study for eligibility determined that the Eightmile
River watershed ranks in the 99th percentile in New England for
globally rare species per unit area. The residents also appreciate a
unique cultural landscape: rural, with an absence of modem development,
and an abundance of colonial homes and historic churches.
The towns have begun to implement the parts of the watershed
management plan that are in their jurisdiction; Congressional
designation as a Wild and Scenic River will bolster these efforts and
provide the stability for ongoing long-term preservation. I thank you
for your consideration and urge you to support this bill.
Senator Akaka. At this time I would like to welcome two
administration witnesses and ask you to come forward: Dan Wenk,
the Deputy Director for Operations, National Park Service; and
Joel Holtrop, the Deputy Chief of the Forest Service.
Gentlemen, welcome to the subcommittee. Your complete written
statements will be included in the hearing record, so I would
ask you both to please summarize your testimony as much as
possible. Once you have completed your remarks on all of the
bills, we will turn to questions.
Mr. Wenk, will you please proceed?
STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR FOR OPERATIONS,
NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
Mr. Wenk. Mr. Chairman, thank you for the opportunity to
appear before the subcommittee to present the views of the
Department of the Interior on seven bills on today's agenda.
The first bill, S. 553, would designate segments of the
Eightmile River and its tributaries as components of the Wild
and Scenic Rivers System. While this study is still under final
departmental review, it has preliminarily concluded that the
proposed segments of the Eightmile River and its tributaries
are eligible for inclusion in the National Wild and Scenic
Rivers System because of their free-flowing nature and
outstandingly remarkable scenic, geologic, fish, and wildlife
values. Based on this, the Department supports enactment of
this legislation.
S. 553 would designate 25.3 miles of the Eightmile River
and its tributaries to be administered by the Secretary of
Interior. The river would be managed in accordance with the
Eightmile River Watershed Management Plan, with the Secretary
coordinating with the Eightmile River Coordinating Committee.
It would be administered as a partnership wild and scenic
river, similar to other recent designations in the Northeast.
This approach emphasizes local and State management solutions
and has proven effective as a means of protecting resource
values without the need for direct Federal management or land
acquisition.
The second bill, S. 800, would designate the Niagara Falls
National Heritage Area in the State of New York. While a
feasibility study has found the Niagara Falls region
appropriate for designation, we recommend that the committee
defer action on S. 800 until program legislation is enacted
that establishes guidelines and a process for the designation
of a national heritage area.
We look forward to continuing to work with Congress on this
important issue. If the committee chooses to move ahead with S.
800, the Department would like to work with the committee to
make some technical corrections to the bill. In addition, the
Department would recommend that the bill be amended to include
an additional requirement for an evaluation to be conducted by
the Secretary 3 years prior to the cessation of Federal funding
under this Act.
The two next bills, S. 916 and H.R. 161, would authorize
the addition of Nidota Nai Yoni memorial on Bainbridge Island,
Washington, to the boundary of Minidoka Internment National
Monument in Idaho, as recommended by a special resource study
the National Park Service completed last year. This memorial
commemorates the Bainbridge Island residents who were the first
group of Japanese Americans to be forcibly removed from their
homes and relocated to internment camps during World War II.
Most of the residents were sent to Minidoka Relocation Center.
S. 916 has a second title that would authorize the
conveyance of certain facilities, buildings, and lands of the
Gooding Division of the Minidoka Project in Idaho to the
American Falls Reservoir District No. 2 in accordance with an
agreement successfully negotiated a few years ago. Title 2 also
directs Reclamation to transfer title for specific smaller
parcels to the National Park Service and other entities that
currently manage the relevant lands.
The Department supports the goals of both of these bills
and we would be pleased to work with the committee and the
sponsors of S. 916 and H.R. 161 as the legislation moves
forward.
The next bill, S. 1281, would designate 442 miles of rivers
and streams of the headwaters of the Snake River as additions
to the Wild and Scenic Rivers System. The Department supports
the designation of the waters included in S. 1281 that flow
through the lands administered by the National Park Service.
While we support the approach taken by S. 1281 in protecting
the watershed of the Snake River headwaters, we defer to the
Department of Agriculture in regard to the portions of the bill
that designate segments of the rivers that flow through lands
administered by the U.S. Forest Service. In addition, we
suggest several technical amendments which are described in my
written statement.
Next, S. 1209 would ensure that the laws governing the
administration of Channel Island National Park supersede other
provisions of the law that might interfere with the appropriate
management. The bill would repeal a provision enacted last year
that affected the limited role of the National Park Service in
the planned removal of the deer and elk from the island in
2011.
The Department supports the bill. We are concerned about
potential unforeseen consequences of a law that is interfering
with the requirements of the 1998 court-approved settlement
agreement that was drafted with careful consideration of each
party's responsibility. Removal of the deer and elk by the end
of 2011, as provided for under the settlement agreement, is
essential because: No. 1, native plants and animals will be
able to flourish; and No. 2, with private commercial hunting no
longer an option, the entire island can be opened for
recreational purposes such as hiking, camping, and sightseeing
on a year-round basis.
The final bill is H.R. 376, which would authorize a special
resource study of the battlefields and related sites of the
First and Second Battles of Newtonia, Missouri, during the
Civil War. The September 30, 1862, battle involved Native
American soldiers directly fighting each other and the October
28, 1864, battle was the last Civil War battle fought within
the borders of the State of Missouri and the culmination of
Confederate Major General Sterling Price's 1864 Missouri
expedition.
The study would look at whether the area could be included
as a new unit in the National Park System or as part of
Wilson's Creek National Battlefield or determine if the Federal
Government or another entity is the most appropriate entity to
manage the site.
The Department supports H.R. 376 as passed by the House.
However, we believe that priority should be given to previously
authorized studies.
Mr. Chairman, that concludes my statement. I would be happy
to answer any questions you or other members may have on these
bills.
[The prepared statements of Mr. Wenk follow:]
Prepared Statement of Daniel N. Wenk, Deputy Director, National Park
Service, Department of the Interior
s. 553
Mr. Chairman, thank you for the opportunity to appear before your
committee today to discuss the views of the Department of the Interior
on S. 553, a bill to amend the Wild and Scenic Rivers Act by
designating segments of the Eightmile River and its tributaries as
components of the Wild and Scenic Rivers System.
The Department supports enactment of this legislation.
S. 553 would designate 25.3 miles of the Eightmile River and its
tributaries as part of the Wild and Scenic Rivers System, administered
by the Secretary of the Interior. The River would be managed in
accordance with the Eightmile River Watershed Management Plan with the
Secretary coordinating with the Eightmile River Coordinating Committee.
The bill authorizes the Secretary to enter into cooperative agreements
with the State of Connecticut, the towns of Lyme, East Haddam, and
Salem, Connecticut, and appropriate local planning and environmental
organizations.
The Eightmile River is located in the lower Connecticut River
watershed in south central Connecticut. Its name comes from the fact
that the river is located eight miles from the mouth of the Connecticut
River. Fifteen miles of the Eightmile River and its East Branch through
the communities of Lyme, East Haddam, and Salem, Connecticut are
included on the National Park Service's Nationwide Rivers Inventory of
potential wild and scenic river segments. Both segments are included on
the inventory for outstanding scenic, geologic, fish and wildlife
values. In addition to those values, the draft report also documents
outstandingly remarkable water quality, hydrologic, and cultural
resource values. Over eighty percent of the Connecticut River watershed
is still forested, including large tracts of unfragmented hardwood
forests that are home to a diverse assemblage of plants and animals
including bobcats, Great Horned Owls, red foxes, and the Cerulean
Warbler.
P.L. 107-65, the Eightmile Wild and Scenic River Study Act of 2001,
authorized a study of the Eightmile River for potential inclusion in
the Wild and Scenic Rivers System. As a part of the study, the National
Park Service worked with the communities of Lyme, East Haddam, and
Salem, Connecticut; the State of Connecticut; The Nature Conservancy;
and local conservation interests to study the natural and cultural
resources of the Eightmile River and develop a management plan to
conserve those special values. The resulting Eightmile River Watershed
Management Plan (December, 2005) was brought before special town
meetings in each of the communities and was overwhelmingly supported by
the public, as was the plan's recommendation to seek Wild and Scenic
River designation. While the study is still under final Departmental
review, it has preliminarily concluded that the proposed segments of
the Eightmile River and its tributaries are eligible for inclusion into
the National Wild and Scenic Rivers System because of their free-
flowing nature and outstandingly remarkable scenic, geologic, fish and
wildlife values.
S. 553 would implement the environmentally preferred alternative
contained in the draft study report, which was released for public
review and comment in July 2006. This draft report highlights a
watershed ecosystem that is unique within the State of Connecticut in
terms of its intact hydrology, water quality and ecosystem health. The
commitment of local, state and nongovernmental partners is also
exemplary. Having already been through a local town meeting process,
only one comment was received on the draft report--a letter of support
from the State Park Director for the State of Connecticut.
Consequently, while the study and the accompanying Finding of No
Significant Impact (FONSI) document has not been finalized, the
National Park Service does not anticipate making any changes in the
study recommendations based on public comments.
If S. 553 is enacted, the Eightmile River will be administered as a
partnership wild and scenic river, similar to other recent designations
in the northeast, including the Farmington River in Connecticut and the
Musconetcong River in New Jersey. This approach emphasizes local and
state management solutions, and has proven effective as a means of
protecting outstandingly remarkable natural, cultural and recreational
resource values without the need for direct federal management or land
acquisition.
This concludes my prepared remarks, Mr. Chairman. I will be happy
to answer any questions you or other committee members may have
regarding this bill.
s. 800
Mr. Chairman, thank you for the opportunity to appear before your
committee to present the views of the Department of the Interior on S.
800, a bill to establish the Niagara Falls National Heritage Area in
the State of New York.
While a feasibility study has found the Niagara Falls region
appropriate for designation, we recommend that the committee defer
action on S. 800 and all other proposed heritage area designations
until program legislation is enacted that establishes guidelines and a
process for the designation of national heritage areas. Last year, the
Administration sent to Congress a legislative proposal to establish
such guidelines and a process for designation. Bills were introduced in
the 109th Congress (S. 243, H.R. 760 and H.R. 6287) that incorporated
the majority of the provisions of the Administration's proposal, and S.
243 passed the Senate. During the 110th Congress, a similar heritage
area program bill, S. 278, has been introduced, and we look forward to
continuing to work with Congress on this very important issue.
With 37 national heritage areas designated across 27 states, and
more heritage area legislative proposals in the pipeline, the
Administration believes it is critical at this juncture for Congress to
enact national heritage area program legislation. This legislation
would provide a much-needed framework for evaluating proposed national
heritage areas, offering guidelines for successful planning and
management, clarifying the roles and responsibilities of all parties,
and standardizing timeframes and funding for designated areas. Program
legislation also would clarify the expectation that heritage areas
would work toward self-sufficiency by outlining the necessary steps,
including appropriate planning, to achieve that shared goal.
In 2006, the National Park Service completed a national heritage
area feasibility study of the Niagara Falls region pursuant to Public
Law 107-256, the ``Niagara Falls National Heritage Area Study Act.''
The study concluded that the region met all of the criteria for
designation as a national heritage area including the existence of
significant levels of public support and local commitments necessary
for successful planning and implementation of a heritage area.
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 from 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 identified 1,623 plant species including
unique miniature old growth eastern white cedars. 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.
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 modem 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.
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 partners in the region to protect
its precious resources and 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 proposal during the
feasibility study.
S. 800 provides for the establishment of a limited term (5-year)
federal commission to undertake the heritage management plan and to
identify a successor local coordinating entity representing the varied
interests of the region. It includes the opportunity for a limited
number of heritage area related resources, outside of the designated
heritage area boundary, to participate in heritage area programs if
they are identified as eligible through the heritage area management
planning process. These provisions are consistent with the preferred
alternative of the National Park Service national heritage area
feasibility study.
Mr. Chairman, while the proposed Niagara Falls National Heritage
Area contains significant natural and cultural resources and meets the
established criteria for congressional designation, we would again
request that the committee defer action until national heritage area
program legislation is enacted. However, if the committee chooses to
move ahead with this bill, the Department would like to work with them
to make some technical corrections to the bill. In addition, the
Department would recommend that the bill be amended to include an
additional requirement for an evaluation to be conducted by the
Secretary, three years prior to the cessation of federal funding under
this act. The evaluation would examine the accomplishments of the
heritage area in meeting the goals of the management plan; analyze the
leveraging and impact of investments to the heritage area; identify the
critical components of the management structure and sustainability of
the heritage area; and recommend what future role, if any, the National
Park Service should have with respect to the heritage area.
We are also advised by the Department of Justice that the
restrictions placed on the Secretary's authority to appoint the members
of the Niagara Falls National Heritage Area Commission raise
constitutional concerns. We, along with the Department of Justice,
would like to work with the committee to address these concerns.
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. 916 and h.r. 161
Mr. Chairman, thank you for the opportunity to provide the
Department of the Interior's views on S. 916 and H.R. 161. Both bills
would authorize the addition of the Nidoto Nai Yoni Memorial on
Bainbridge Island, Washington to the boundary of the Minidoka
Internment National Monument in Idaho. S. 916 would also authorize the
conveyance of certain facilities, buildings and lands of the Gooding
Division of the Minidoka Project in Idaho to the American Falls
Reservoir District No. 2.
The Department supports the goals of both S. 916 and H.R. 161.
Minidoka Internment National Monument, in southern Idaho, was
established by Presidential Proclamation in 2001 to provide
opportunities for public education and interpretation of the internment
of Japanese Americans during World War II. It is one of two units (the
other being Manzanar National Historic Site in California) where the
National Park Service documents and describes the experiences of the
almost 120,000 Japanese Americans who were forced from their homes on
the West Coast and in southern Arizona during World War II under
Executive Order 9066. Most spent the next three years in one of ten
``relocation centers'' across the country run by the War Relocation
Authority. More than 13,000 Japanese Americans were incarcerated at the
Minidoka Relocation Center, which was in operation from August 10, 1942
to October 28, 1945.
H.R. 161, which was passed by the House on February 6, 2007, and
Title I of S. 916 would include the Bainbridge Island Japanese American
Memorial in Washington in the boundary of the Minidoka Internment
National Monument. The legislation would implement the recommendations
of the study that the National Park Service conducted in accordance
with Public Law 107-363, the Bainbridge Island Japanese American
Memorial Study Act of 2002.
The official name of the Japanese American memorial is ``Nidoto Nai
Yoni,'' which means ``let it not happen again.'' It commemorates the
Bainbridge Island residents who were the first group of Japanese
Americans to be forcibly removed from their homes and relocated to
internment camps. On the morning of March 30, 1942, 227 Bainbridge
Island Nikkei were assembled at the Eagledale Ferry Dock on Bainbridge
Island and transported to Seattle, where they were placed on a train
that sent them to the Owens Valley Reception Center located at
Manzanar, California. Most subsequently requested transfer to the
Minidoka Relocation Center to join other Nikkei being sent there from
Seattle, Portland, and other Pacific Northwest areas. The addition of
the Bainbridge Island Memorial to the Minidoka Internment National
Monument would make this direct connection between the two sites, and
provide more context and depth to the broader story of Japanese
American internment.
The Nidoto Nai Yoni Memorial site consists of approximately 8 acres
of land owned by the City of Bainbridge Island, Washington. Under S.
916 and H.R. 161, as called for by the National Park Service's study,
the site would be managed through a partnership arrangement between the
National Park Service and other public and private entities, and costs
would be shared among the partners. The estimate for the one-time cost
to the National Park Service for development is $350,000 to $400,000
for facility construction and interpretive media, using a 50/50 match
with non-federal partners. Additionally, the National Park Service
would contribute to the operational costs for the site by funding one
permanent and up to three seasonal interpretive employees at an annual
cost of up to $200,000 included in Minidoka Internment National
Monument's operating budget. The principal role of the National Park
Service at the Nidoto Nai Yoni Memorial site would be in the area of
public interpretation and education.
Title II of S. 916 would authorize the title transfer of federally
owned facilities, buildings, and lands that are part of the Gooding
Division of the Minidoka Project from the Bureau of Reclamation to the
American Falls Reservoir District No. 2.
Reclamation law and policy contemplate the transfer of projects to
local entities where and when such transfer is appropriate. In 1995,
the Bureau of Reclamation began an effort to facilitate the transfer of
title to Reclamation projects and facilities in a consistent and
comprehensive way. Reclamation developed a process known as the
Framework for the Transfer of Title--a process whereby interested non-
federal entities would work with and through Reclamation to identify
and address all of the issues that would enable the title transfer to
move forward. Once completed, Reclamation and the entity interested in
taking title would work with the Congress to gain the necessary
authorization for such a title transfer. In the case of the transfer
authorized by this bill, Reclamation and the American Falls Reservoir
District No. 2 have worked collaboratively and efficiently to
successfully address all the elements of Reclamation's title transfer
policy framework.
One of the Administration's goals in title transfer is to protect
the financial interest of the United States. In this case, the full
costs of all facilities, buildings, and acquired lands to be
transferred, including its central feature, the Milner-Gooding Canal,
have already been repaid pursuant to the District's amendatory
repayment contract. The District has also identified some withdrawn
lands for which they would like to gain title and have agreed to pay
the fair market appraised value for these lands. There are no ongoing
revenue streams associated with the facilities, buildings, and lands.
Because the District has fulfilled its repayment obligation under its
contract, payment is required only for the additional withdrawn lands
that the District has proposed for title transfer.
While the focus of Title II is the transfer of the Reclamation
facilities to the American Falls Reservoir District No. 2, it also
directs Reclamation to transfer title for specific smaller parcels to
the National Park Service, the Bureau of Land Management, the State of
Idaho, and the City of Gooding, since those entities currently manage
the relevant lands.
Reclamation has worked closely with the National Park Service and
the other entities to craft the language that appears in the transfer
agreement.
Two of the smaller parcels, equaling 10.18 acres, would be added to
the boundary of Minidoka Internment National Monument, as called for in
the monument's recently approved General Management Plan (GMP). The
smaller parcel is located in the historic warehouse area and contains
three buildings from the historic period as well as numerous warehouse
foundations. This area would be used as the primary site for visitor
orientation and information. An existing historic warehouse would be
adapted to serve as a visitor contact station and central trailhead for
visitor self-guided walking tours. The larger parcel on the east end of
the national monument was part of the original Relocation Center and
was never developed. It would be used as an overflow parking area and
for special events.
The reason the smaller parcel was not included in the original
boundary for the Minidoka Internment National Monument is because the
American Falls Reservoir District No. 2 occupied the buildings. After
the monument was established, however, the National Park Service,
Reclamation, and American Falls Reservoir District No. 2 entered into
an agreement to move the District's operations to a site outside the
national monument's boundary, and that relocation is now nearly
complete. The National Park Service has obligated $250,000 to the
Bureau of Reclamation for relocation costs. The payment of $52,996 that
S. 916 provides for Reclamation to make to the District represents the
final portion of the agreed-upon payment that originated with the
National Park Service.
Mr. Chairman, that concludes my testimony. We would be pleased to
work with the Committee and the sponsors of S. 916 and H.R. 161 as the
legislation moves forward. I would be happy to answer any questions you
or other members of the Committee may have.
s. 1209
Mr. Chairman, thank you for the opportunity to appear before the
subcommittee today to present the views of the Department of the
Interior on S. 1209, to provide for the continued administration of
Santa Rosa Island, Channel Islands National Park, in accordance with
the laws (including regulations) and policies of the National Park
Service, and for other purposes.
The Department supports S. 1209. This legislation would ensure that
the laws governing the administration of Channel Islands National Park
supersede other provisions of law that might interfere with appropriate
management. In conjunction with providing for that assurance, S. 1209
would repeal a provision enacted last year, Section 1077(c) of the
Public Law 109-364, that has created uncertainty regarding the National
Park Service's limited role with respect to the planned removal of
privately owned non-native elk and deer from Santa Rosa Island by 2011,
as provided for by a 1998 court-approved settlement agreement.
Channel Islands National Monument was designated in 1938 by
President Franklin D. Roosevelt under the authority of the Antiquities
Act. In 1980, the monument was expanded to include additional islands,
including the 54,000-acre Santa Rosa Island, and redesignated as
Channel Islands National Park. The park's purpose is to protect the
nationally significant natural, scenic, wildlife, marine, ecological,
archaeological, cultural, and scientific values of the five California
Channel Islands that comprise the park. During consideration of the
legislation to redesignate Channel Islands National Monument as a
national park, a deliberate decision was made to not allow hunting
there, just as hunting is not permitted in other national park units
designated as ``National Parks.''
Once it was determined that Santa Rosa Island was to be
incorporated within Channel Islands National Park, Vail and Vickers,
Ltd. (V&V), the island's owner, requested that it be the highest
priority for acquisition by the National Park Service (NPS). This was
reflected in the 1980 legislation. In 1986, V&V sold Santa Rosa Island
to the NPS for $29.5 million. V&V retained a 25-year non-commercial
reservation of use and occupancy for a 7.6-acre area containing the
ranch house and a nearby field. At the request of V&V, supported by
members of Congress, the NPS issued two 5-year special use permits to
allow V&V to continue their cattle ranching and elk and deer hunting
operations.
In 1996, because of impacts on endangered species and water
quality, the National Parks Conservation Association sued the NPS over
the management of Santa Rosa Island. In 1997, V&V sued NPS to retain
their current special use permit and continue their operations until
2011. A three-way settlement agreement, entered by the court in 1998,
provided for removing the cattle by the end of 1998 (which occurred on
schedule), and for phasing out deer and elk and removing them
altogether by the end of 2011, when the V&V 25-year reservation of the
7.6-acre area expires. The settlement agreement included two options
under which hunting could continue. The parties chose the second
option, which was to manage the deer and elk using adaptive management
guidelines based on the monitoring of two federally listed endangered
plants. Each year, the NPS, with recommendations from an agreed-upon
scientific panel, determines the number of deer and elk permitted.
Regardless of the management option, all deer and elk are to be removed
by V&V no later than the end of 2011. At that time, V&V will be
required to remove all their property, including any of their remaining
deer and elk.
Removal of the herds will bring about two fundamental benefits:
First, native plants and animals will be able to flourish. Channel
Islands National Park has been in the forefront of the NPS' efforts to
control non-native species that out-compete the native species. The
park has undertaken several successful ecological restoration programs.
The eradication of introduced rats from Anacapa Island has resulted in
the increased survivability of the Xantus's murrelet, a State of
California threatened species. The removal of introduced rabbits,
cattle, sheep, pigs, and mules from Santa Barbara, Santa Rosa, Santa
Cruz and San Miguel Islands has allowed for vegetation restoration.
In addition, last year, for the first time in 50 years, an American
bald eagle was hatched in the northern Channel Islands, on Santa Cruz
Island, due to the successful efforts of park staff, local communities,
The Nature Conservancy, and the Montrose Trustees who have worked
together on this project. Another eaglet was hatched there just last
month. And, for the first time in 70 years, a peregrine falcon chick
has hatched on Santa Barbara Island. The NPS looks forward to more
successes of this type in the Channel Islands, including Santa Rosa
Island.
Second, with private commercial hunting no longer an option, the
island can be opened up for other recreational purposes, such as
hiking, camping, and sightseeing, on a year-round basis. While it
varies, at present, about 90 percent of the island is generally off
limits for general recreation during the four to five months of each
year that hunting occurs. The closure is particularly troublesome
because Santa Rosa Island is currently the most accessible of the five
islands that are part of Channel Islands National Park.
As noted at the beginning of this statement, Section 1077(c) of
P.L. 109-364 created uncertainty about the planned removal of the deer
and elk required under the settlement agreement. The provision states:
RECREATIONAL ACTIVITIES ON SANTA ROSA ISLAND.--The Secretary
of the Interior shall immediately cease the plan, approved in
the settlement agreement for case number 96-7412 WJR and case
number 97-4098 WJR, to exterminate the deer and elk on Santa
Rosa Island, Channel Islands, California, by helicopter and
shall not exterminate or nearly exterminate the deer and elk.
The Department does not have a plan to exterminate the deer and
elk; removal of the herds is the responsibility of the owners, V&V.
What the provision does is prohibit the NPS from participating in any
plan approved in the settlement agreement to exterminate the deer and
elk by helicopter, and prohibit the NPS from destroying the deer and
elk by any other means. Section 1077(c) affects the section of the
settlement agreement that states:
In the last year that V&V will have elk or deer on [the
island], V&V will remove the remaining deer and elk to the
greatest extent feasible. Provided that V&V meets all deer and
elk reduction requirements in every year prior to 2011, and
provided that the remaining deer and elk in 2011 become
extraordinarily difficult to remove despite the diligent
efforts of removal by V&V, [the National Park Service] will
equally share the ``unusual costs'' of the removal of those
deer and elk. ``Unusual costs'' is defined as the cost of
trained professionals and helicopters.
Section 1077(c) does not affect the ongoing obligation of V&V under
the settlement agreement to remove the deer and elk from the island by
2011, but it does mean that the NPS would be unable to assist in the
cost of removal of the herds, as called for under the settlement
agreement.
We are concerned about potential unforeseen consequences of a law
that is interfering with the requirements of a settlement agreement
that was drafted with careful consideration of each party's
responsibility. The transition from ranching and hunting to hiking and
camping will enhance the park experience. The settlement agreement
offers the promise that the last phase of the transition will be
conducted in an orderly manner, and the hope that it will go smoothly.
Passage of S. 1209 will help ensure that the deer and elk will be
removed from Santa Rosa Island in accord with that agreement.
Mr. Chairman, that concludes my statement. I will be happy to
answer any questions you or members of the subcommittee may have.
s. 1281
Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to appear before you today to present the views of the
Department of the Interior on S. 1281, a bill to amend the Wild and
Scenic Rivers Act by designating portions of the Snake River System in
Wyoming as a component of the National Wild and Scenic Rivers System.
The Department supports the designation of the waters included in
S. 1281 that flow through lands administered by the National Park
Service (NPS). While we support the approach taken by S. 1281 in
protecting the watershed of the Snake River headwaters, we defer to the
Department of Agriculture in regard to the portions of the bill that
designate segments of rivers that flow through lands administered by
the U.S. Forest Service. In addition, we suggest several technical
amendments which are described later in this testimony.
S. 1281 would designate the Lewis River in Yellowstone National
Park from Shoshone Lake to Lewis Lake as Wild, and from Lewis Lake to
its confluence with the Snake River as Scenic. The Snake River, from
its source in the Teton Wilderness and then flowing through
Yellowstone, the John D. Rockefeller, Jr. Memorial Parkway, and Grand
Teton National Park, would be designated as Wild above Jackson Lake.
From one mile below the Jackson Lake Dam until leaving Grand Teton, the
Snake and its tributaries Pacific Creek, the Buffalo Fork, and the Gros
Ventre River would be designated as Scenic.
Efforts to designate the upper Snake River system as part of the
National Wild and Scenic River System have been led by the Campaign for
the Snake Headwaters, a grassroots effort led by local citizens,
businesses, anglers, boaters, and conservationists.
The headwaters of the Snake River, which begin in the Bridger-Teton
National Forest then run through southern Yellowstone National Park
into the John D. Rockefeller, Jr. Memorial Parkway and Grand Teton
National Park in northwest Wyoming, are some of the purest waters in
the nation. The headwaters are a stronghold for native cutthroat trout,
harbor a vast array of bird and wildlife populations, and the Snake
River and its tributaries provide diverse recreational opportunities
for visitors to, and residents of, the Greater Yellowstone Ecosystem.
The Snake River above Jackson Lake was initially evaluated for
eligibility in the Wild and Scenic Rivers System in the 1980s. In 2005,
NPS resource managers conducted an evaluation of the Snake River below
Jackson Lake, as well as major tributaries within Grand Teton National
Park, the Buffalo Fork, Pacific Creek, and the Gros Ventre River. The
evaluations were made in coordination with the U.S. Forest Service,
following procedures they recommended and used to evaluate segments of
the waterways located on neighboring national forest lands. The
evaluations, in accordance with section 5(d)(1) of the Wild and Scenic
Rivers Act, document the outstanding recreational, scenic, cultural,
geological, and ecological values of the upper Snake River system,
which merit its inclusion in the Wild and Scenic Rivers System.
Designation of Snake River System waters would support the spirit
and intent of existing management plans for Yellowstone and Grand Teton
National Parks and the John D. Rockefeller, Jr. Memorial Parkway,
including the 1997 Snake River Management Plan for Grand Teton and the
1980 General Management Plan for the Parkway. Yellowstone's Statement
for Management (November 1991) states that a prime objective is to
conserve and protect the integrity of Yellowstone's natural resources,
recognizing human interaction as a part of that ecosystem.
If designated as components of the National Wild and Scenic River
System, the river segments in Yellowstone and Grand Teton National
Parks and the John D. Rockefeller, Jr. Memorial Parkway will continue
to provide a range of recreational opportunities for private and
commercial floating and fishing, as well as an array of backcountry and
non-wilderness recreational activities in the river corridors.
Consistent with the Act that established Grand Teton National Park
in 1950, we anticipate that wild and scenic designation of the Snake
River would not affect the Bureau of Reclamation's operation and
maintenance of Jackson Lake Dam and water levels in Jackson Lake
reservoir, a natural lake augmented for nearly 100 years by a dam for
purposes of irrigation and flood control. Additionally, we anticipate
that monitoring and equipment maintenance activities that are now
carried out by the Bureau of Reclamation upstream of Jackson Lake, such
as streamgaging and snowpack measurement, would continue. Designation
as a component of the National Wild and Scenic River System would
provide additional protection for the outstanding scenic, recreational,
and wildlife resources above and below Jackson Lake on National Park
System lands.
S. 1281 also provides for quantification of a federal reserved
water right for each river segment, and for funds to develop river
management plans. The Department is currently reviewing the impact that
this process could have on existing uses in the basin. The NPS would
cooperate with adjacent national forest managers, the Bureau of
Reclamation, cooperative organizations, State and local government
agencies, and interested members of the public to develop appropriate
planning guidance for the rivers designated under this bill.
We would be pleased to work with the Subcommittee on several
technical amendments that would strengthen S. 1281. In particular, we
suggest that sections 3 and 6 be clarified to state that some of the
river segments identified in the bill are within Yellowstone National
Park and the John D. Rockefeller, Jr. Memorial Parkway. We would also
like to work with the Subcommittee regarding the operation of section 5
governing federal reserved water rights. Also, a number of river
segments described in the bill form the boundary between national park
and national forest lands, and in the case of the Gros Ventre River
between Grand Teton National Park and the National Elk Refuge,
administered by the U.S. Fish and Wildlife Service. As written, we
believe the legislation could lead to confusion as to which agency is
responsible for administration of these segments, and would suggest
that the bill be amended to clarify the jurisdiction.
Mr. Chairman that completes my prepared remarks. I would be happy
to answer any questions that you or other members of the subcommittee
may have.
h.r. 376
Mr. Chairman, thank you for the opportunity to present the views of
the Department of the Interior on H.R. 376, a bill to authorize the
Secretary of the Interior to conduct a special resource study to
determine the suitability and feasibility of including the battlefields
and related sites of the First and Second Battles of Newtonia,
Missouri, during the Civil War as part of Wilson's Creek National
Battlefield or designating the battlefields and related sites as a
separate unit of the National Park System.
The Department supports H.R. 376 as passed by the House. However,
we believe that priority should be given to the 37 previously
authorized studies for potential units of the National Park System,
potential new National Heritage Areas, and potential additions to the
National Trails System and National Wild and Scenic River System that
have not yet been transmitted to the Congress.
H.R. 376 would authorize the Secretary to carry out a special
resource study to determine the national significance of sites in
Newton County, Missouri associated with the Civil War. The Secretary
would evaluate the national significance of the battlefields and their
related sites and analyze the potential impact that their inclusion in
the National Park System is likely to have on Wilson's Creek National
Battlefield.
A special resource study would provide alternatives for the
appropriate way to preserve, to protect, and to interpret these sites
and resources. Those alternatives would include recommendations on
whether the area could be included as a new unit of the National Park
System, as part of the Wilson's Creek National Battlefield, or
determine if the Federal government is the most appropriate entity to
manage the site. We estimate that the costs of completing this study
would be approximately $250,000 to $300,000.
Newtonia was the scene of two significant battles in the Civil War,
one on September 30, 1862 and the other on October 28, 1864. The
battles were fought in and around the town of Newtonia, an area that
today retains much of its character from almost a century and a half
ago. The September 30, 1862 battle involved Native American soldiers
directly fighting each other, and the October 28, 1864 battle was the
last Civil War battle fought within the borders of the State of
Missouri and the culmination of Confederate Major General Sterling
Price's 1864 Missouri Expedition.
Newtonia was important as a centralized location to lead mines and
the communities of Mt. Vernon (which housed a Union garrison),
Sarcoxie, and Neosho, making it a tempting area for both sides for
control of the Spring River and its fertile valley. Confederate Colonel
Douglas Cooper had arrived in Newtonia on September 27 and had taken
over the area. On September 30 Union troops under General James Blunt
appeared before Newtonia and the fighting began by 7:00 a.m. The
Federals began driving the enemy away from their positions; but thanks
to timely Confederate reinforcements, the Federals had to give way and
retreat. As the Union forces were retreating, they received
reinforcements and renewed their attack, threatening the enemy right
flank. The Union 3rd Indian Battalion was heavily engaged during the
attack on the right flank as were the Confederate 1St Choctaw and
Chickasaw Regiment; in fact the two units engaged each other directly
in a desperate melee. But once again Confederate reinforcements arrived
and pushed the Federals back and into what quickly became an all out
retreat. Some Union forces retreated all the way to Sarcoxie, some 10
miles away. Although the Confederates won the battle, they were unable
to maintain themselves in the area due to the superior numbers of Union
troops, and most retreated into northwest Arkansas.
In the last days of October 1864, Newtonia again took center stage.
Confederate Major General Sterling Price had launched his ``Missouri
Expedition'' in September of 1864 in an effort to retake Missouri for
the Confederacy. His mission was failing miserably by October of 1864;
and after sound defeats at the Battle of Westport on October 21-23 and
the Battle of Mine Creek, Kansas on October 25, he was desperately
trying to make his way back to Confederate Territory. Major General
Price made one last stand at Newtonia on October 28, 1864. Most of his
army continued across the Arkansas River into Texas. Troops under the
command of General Jo Shelby slowed the Union advance of General James
Blunt and held the Union forces at bay until darkness overtook the area
and allowed Shelby's men to join the rest of the comrades in retreating
to Texas. Confederate forces would not seriously threaten to cross the
Arkansas River and invade Missouri again.
Currently the Newtonia Battlefields Protection Association owns and
maintains 25 plus acres of the Battlefields. This includes the Ritchey
Mansion and the ``Old Newtonia Cemetery'' or the ``Civil War Cemetery''
as it is locally known, with one battle participant, Captain Richard
Christian, buried in it. There are approximately 200 graves, marked
only by rough sandstone or field stones, which are almost certainly
graves of Confederate dead.
The Newtonia Battlefields Protection Association was instrumental
in having the sites of the 1862 and the 1864 battles listed on the
National Register of Historic Places. The Ritchey Mansion was
previously listed on the National Register, and the Association revised
that application after they purchased the Mansion in 2002. The
Association applied for and received three grants from the American
Battlefield Protection Program (ABPP) of the National Park Service. Two
of those studies were archeological studies, ``Engaged the Enemy
Again--An Assessment of the 1862 and 1864 Civil War Battles at
Newtonia, Missouri;'' (Fryman 1995) and ``Newtonia Battlefields and
Archeological Survey'' (White Star 1998). Also in 2000, ``A
Preservation Plan for the Civil War Battlefields of Newtonia,
Missouri'' was funded by the ABPP and completed by Gray & Pape, Inc.
That concludes my testimony. I would be happy to answer any
questions you or other members of the subcommittee may have.
Senator Akaka. Thank you very much, Mr. Wenk.
Mr. Holtrop.
STATEMENT OF JOEL HOLTROP, DEPUTY CHIEF, NATIONAL FOREST
SERVICE, DEPARTMENT OF AGRICULTURE
Mr. Holtrop. Mr. Chairman and members of the subcommittee,
thank you for the opportunity to provide the views of the
Department of Agriculture on three bills.
S. 1057, New River Wild and Scenic River Act of 2007,
amends section 3(a) of the Wild and Scenic Rivers Act, to
designate a segment of the New River in the States of Virginia
and North Carolina as a component of the National Wild and
Scenic Rivers System. The segment to be designated is
immediately downstream of the portion of the New River added to
the National Wild and Scenic Rivers System by the Secretary of
the Interior in 1976. It is located entirely off National
Forest System land, approximately 7 miles from the Jefferson
National Forest in Virginia and 40 miles north of the Pisca
National Forest in North Carolina.
The Department does not support the designation of this
segment of the New River as a component of the Wild and Scenic
Rivers System without first reviewing or analyzing the river
segment to determine its eligibility and suitability for
designation. Accordingly, the Department does support the
designation of this segment as a study river under section 5(a)
of the Wild and Scenic Rivers Act. This study designation
affords the river protection from the adverse impacts of
federally assisted water resources projects and from the sale
of any Federal lands within the half-mile study river corridor.
It also requires the appropriate secretary to provide
conditions to safeguard the area in any mineral leasing of
Federal lands and directs all Federal agencies to protect river
values in actions they propose within or adjacent to the study
river corridor.
These protections would remain in effect for a 3-year
period following the transmittal of the final study report from
the President to the Congress regardless of the study's
findings.
S. 1281, Snake Headwaters Legacy Act of 2007, amends
section 3(a) of the Wild and Scenic Rivers Act to designate
segments of the Snake River system in the State of Wyoming as
components of the National Wild and Scenic Rivers System. The
Department supports S. 1281 with technical corrections and
defers to the Department of the Interior in regard to the
portions of the bill that designate the segments that flow
through lands administered by the National Park Service.
The Bridger Teton National Forest contains the headwaters
of the Snake River and all of the proposed segments recommended
for designation on National Forest System land. All of these
river segments have been found to be eligible for inclusion in
the National Wild and Scenic Rivers System.
H.R. 247 would designate a 19.6-mile trail known as the
Waldo Lake Loop on the Willamette National Forest as a national
recreation trail in honor of Jim Weaver, former member of the
House of Representatives from Oregon. The Department supports
enactment of this legislation to honor former Representative
Jim Weaver.
This concludes my prepared statement and I would be pleased
to answer any questions you may have.
[The prepared statement of Mr. Holtrop follows:]
Prepared Statement of Joel Holtrop, Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to provide the views of the Department of Agriculture on
these bills: S. 1057, New River Wild and Scenic River Act of 2007; S.
1281, Snake Headwaters Legacy Act of 2007; and H.R. 247, which
designates a Forest Service trail in the Willamette National Forest as
a National Recreation Trail in honor of Jim Weaver, a former member of
the House of Representatives.
s. 1057, new river wild and scenic river act of 2007
S. 1057, New River Wild and Scenic River Act of 2007, amends
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) to
designate a segment of the New River in the States of Virginia and
North Carolina as a component of the National Wild and Scenic Rivers
System. The segment to be designated by S. 1057 is immediately
downstream of the portion of the New River added to the National Wild
and Scenic Rivers System by the Secretary of the Interior through
Section 2(a)(ii) in 1976. It is located entirely off National Forest
System land, approximately 7 miles from the Jefferson National Forest
in Virginia and 40 miles north of the Pisgah National Forest in North
Carolina.
The Department does not support the designation of this segment of
the New River as a component of the Wild and Scenic Rivers System
without first reviewing or analyzing the river segment to determine its
eligibility and suitability for designation. Accordingly, the
Department does support the designation of this segment as a study
river under section 5(a) of the Wild and Scenic Rivers Act. This study
designation affords the river protection from the adverse impacts of
federally assisted water resources projects and from the sale of any
federal lands within the one-half mile study river corridor. It also
requires the appropriate Secretary to provide conditions to safeguard
the area in any mineral leasing of federal lands, and directs all
federal agencies to protect river values in actions they propose within
or adjacent to the study river corridor. These protections would remain
in effect for a three-year period following the transmittal of the
final study report from the President to the Congress, regardless of
the study's finding.
s. 1281, snake headwaters legacy act of 2007
S. 1281, Snake Headwaters Legacy Act of 2007, amends section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) to designate
segments of the Snake River system in the State of Wyoming as
components of the National Wild and Scenic Rivers System.
The Department supports S. 1281 with several technical corrections,
and defers to the Department of the Interior in regard to the portions
of the bill that designate the segments that flow through lands
administered by the National Park Service.
The Bridger-Teton National Forest contains the headwaters of the
Snake River; the majority of the tributaries to the Snake River segment
below Jackson Lake, Pacific Creek and Buffalo Fork and its tributaries,
and the entire Blackrock Creek tributary; the majority of the Gros
Ventre River and the entirety of its Crystal Creek tributary; and, the
two sections of the Hoback River, and its principal tributaries,
Granite, Shoal, Cliff and Willow Creeks, and the Snake River from the
confluence of the Hoback River to Palisades Reservoir, including Bailey
and Wolf Creeks.
All of the river segments on National Forest System land have been
found to be eligible for inclusion in the National Wild and Scenic
Rivers System. These rivers are free-flowing and provide outstanding
scenery and recreational opportunities. Many flow through important
geologic areas and support diverse populations of aquatic and wildlife
species, including Yellowstone native cutthroat trout and grizzly bear.
We recommend the definition of ``Secretary concerned'' in section
3(1) and the requirement that each river segment be managed by the
Secretary concerned in section 5(a) be clarified so that those proposed
segments that form the boundary between national park and national
forest system lands are clearly assigned to one or the other Secretary.
In addition we recommend that section 5(b) be eliminated, as the Wild
and Scenic Rivers Act includes direction to develop a comprehensive
management plan within three full fiscal years and specifies its
contents. We would be pleased to work with the Subcommittee to address
these and other technical corrections.
h.r. 247, designation of the ``jim weaver loop trail,'' willamette
national forest
H.R. 247 would designate a 19.6 mile trail known as Trail 3590, the
Waldo Lake Loop, on the Willamette National Forest as a national
recreation trail in honor of Jim Weaver, former member of the House of
Representatives from Oregon. The trail would be a component of the
National Trails System and would be renamed the ``Jim Weaver Loop
Trail.'' The bill would also authorize the Secretary of Agriculture to
prepare, install, and maintain an interpretive sign honoring the life
and career of Congressman Jim Weaver.
The Department supports enactment of this legislation to honor
former Representative Jim Weaver.
This concludes my prepared statement and I would be pleased to
answer any questions you may have.
Senator Akaka. Thank you. Thank you very much, Mr. Holtrop.
My first question is for Mr. Wenk and concerns S. 800, the
Niagara Falls Heritage Area. Unlike most heritage area bills,
this one does not have a nonprofit local management entity, but
instead uses a Federally appointed commission to manage the
area for the first 5 years. My question is does the Department
support using a commission, and if so, why?
Mr. Wenk. The Department does support using a commission.
It is not an unprecedented way in which heritage areas have
been established. There is strong local support for this
heritage area. The term of the commission would be used to
identify that partner organization who could step forward and
take responsibility for the heritage area. The Illinois and
Michigan Heritage Area is another example of where that has
been done and has proved successful in the past.
Senator Akaka. Mr. Wenk, one of the witnesses on the next
panel is recommending that the bill be amended to include--this
is S. 916--to include a 128-acre addition to the Minidoka
Internment National Monument. Are you familiar with this
proposal and, if so, does the Park Service support adding it to
the monument, Mr. Wenk?
Mr. Wenk. The 128 acres is included in the general
management plan that was just approved and completed by the
National Park Service for potential inclusion into the Minidoka
site, and we are therefore very aware of it and understand the
values that it would bring to the site.
Senator Akaka. I understand that the memorial site in
Washington is owned by the city of Bainbridge Island. However,
the bill directs the Secretary of the Interior to manage the
memorial in accordance with the presidential proclamation
establishing the Minidoka Monument, the NPS Organic Act, and
other applicable laws.
Does it make sense to have the Park Service manage a site
that it does not own, and how will that work?
Mr. Wenk. Most of the Japanese Americans who went through
Bainbridge Island actually went to Minidoka, and to tell the
entire story of the Minidoka internment camp, it does make
sense for the National Park Service to have a role in the
administration of that site. Once again, that is not
unprecedented in terms of ownership. Boston Harbor Islands park
areas--those are also not owned by the National Park Service,
and are administered in cooperation with the city there and
other entities, just as the Bainbridge Island site would be. So
yes, it can work and work successfully, sir.
Senator Akaka. Mr. Wenk, Senator Craig and Senator Cantwell
have indicated that they will offer a substitute amendment when
the bill is marked up. Would you be willing to review the
substitute and give us any comments you may have, so that we
can move this bill through committee?
Mr. Wenk. We would be very pleased. We actually became
aware of that amendment earlier and we would be very pleased to
work with the Senator and the committee to do what we can, yes.
Senator Akaka. Thank you.
Mr. Holtrop, I only have one question for you. Most of the
rivers that would be designated under S. 1281, the Snake River
bill, are on Forest Service lands. Would designation of these
as wild and scenic rivers change the way they are currently
managed, and if so why?
Mr. Holtrop. The legislation would not change the way that
the rivers are currently being managed. The designation is
consistent with the designations that are currently in the land
and resource management plans that are managing those rivers.
What the legislation would do would be to maintain the existing
uses that have already been identified through the land
management planning process and legislate those uses.
Senator Akaka. Thank you.
Senator Thomas.
Senator Thomas. Thank you.
Mr. Wenk, I have a question about the Niagara Falls
Heritage Area. As in most cases of national heritage areas, the
bill authorizes $10 million over a period of 15 years. What
steps has the park taken to require that this heritage area
work within the $10 million and be able to operate without
Federal funds after that?
Mr. Wenk. One of the things that we are looking for within
all heritage areas is that within the last 3 years that a study
be completed that would help us understand and show how the
transition would be made from relying on Federal funding to
having self-reliance for the heritage area itself. So that is a
study that we would seek--an overarching legislation we would
look for in all heritage areas--and we would like to see that
as an amendment to this bill as well, that we would require
that.
Senator Thomas. Some of us would like to see it amended to
terminate it at 10 years.
What about Santa Rosa Island? What impact are the deer and
elk currently having on the environment of the island?
Mr. Wenk. Well, they certainly affect--they are a non-
native species. They were brought to the island. They have an
effect on the vegetation of the island and the natural systems
that the park was set aside to protect.
Senator Thomas. Okay. I was going to ask if the designation
in the wild and scenic river for Snake River would cause any
changes. You have already answered that, I believe, Mr.
Holtrop.
So no more questions, Mr. Chairman.
Senator Akaka. Thank you very much, Senator Thomas.
Senator Burr.
Senator Burr. Thank you, Mr. Chairman.
Mr. Wenk, when the study was done on the Eightmile River
how long did that study take?
Mr. Wenk. I am not sure. I might have to provide that for
the record.
Senator Burr. I was told 8 years. Does that sound right?
Mr. Wenk. That could very well be correct.
Senator Burr. Do you know how much it cost to do that
study?
Mr. Wenk. Typically a study will cost about $250,000 to
$300,000 to complete.
Senator Burr. Does 8 years sound like a feasible amount of
time?
Mr. Wenk. It actually took--I am told it actually took 4
years, sir.
Senator Burr. Four years?
Mr. Wenk. Yes. Unfortunately, that is typical of the time
it takes to complete them.
Senator Burr. In 1976, the State of North Carolina
recognized the New River as a scenic river, or before 1976, and
then the Secretary adopted that in Federal standards.
Now, Mr. Holtrop, you say that you are opposed to moving
forward without a study?
Mr. Holtrop. That is correct.
Senator Burr. So what would disqualify the New River? What
are you going to find in a study that would disqualify the
additional 18 miles of the New River contiguous with the
headwaters that are already listed? What would disqualify it
from a wild and scenic river?
Mr. Holtrop. Well, I am certainly not aware of anything
that exists in that stretch of the river that would disqualify
it.
Senator Burr. So share with me, if you would, how do I go
back to the taxpayers and tell them we ought to spend $250,000
or more and 4 years, or in the case of West Virginia, where I
think Representative Rahall has had a study under way on the
New River that I think is in year 13? Tell me how to
rationalize this to the American taxpayer and convey to them
that there is some common sense we use in Washington? Could you
help me?
Mr. Holtrop. I can do the best I can to try to help you,
sir. I think one of the things that I would say is, recognizing
especially on a private land river like this would be, rather
than a largely predominantly public land river, that the values
and the management of those values require a partnership with
State and local governments, a partnership with landowners and
others, and that is essential for the long-term management and
successful management of a wild and scenic river that is
designated.
A study process allows those people who would be partners
to work together to identify: is this river eligible, free-
flowing, does not have impoundments, does not have diversions?
Does the river have significant outstanding resource values
that qualify it for wild and scenic river designation, and
through that process can generate local support for the long-
term management of that river in a successful manner if the
eligibility and suitability determination determines that it
should be added to the Wild and Scenic River System?
Senator Burr. Now, this is a river that was the first in
the country as an American Heritage River. It seems like many
of the things that you just raised probably were issues that
were answered when that designation was determined by the
Clinton administration. Would you agree with that?
Mr. Holtrop. It is very possible that some of those issues
could have been raised and dealt with at that time. To our
knowledge, we have not seen anything that has been a study of
the river's eligibility and suitability for wild and scenic
rivers.
Senator Burr. But is that not because there is no Park
Service land on it and there is no National Forest Service land
on it? This is not uncommon. You would not have a study that
you had, right?
Mr. Holtrop. Again, that is correct, which is why our
position is that we believe a study is the right thing to do at
this time.
Senator Burr. I appreciate the punt, because I think that
is what it is. Clearly you have got a river that represents one
of the oldest in the country. It is a treasure. I understand
what you are saying about all the protections that would exist
as soon as you designate that there is going to be a study. But
I am not sure that you have made the case to me as to how I go
to the taxpayers and say, ``Let us spend $250,000 plus to learn
what we already know, we have a treasure here, we would like to
protect the treasure, we can protect it by giving it this
designation, and you ought to feel happy about the fact that
your taxpayer money has been invested in this; and, oh, by the
way, we have been doing this 13 years in West Virginia and I am
not sure that there is an end in sight in that study.''
I am not sure that that gives me much assurance to go back
and convince them that this is the right course to follow.
Mr. Holtrop. It is my understanding that generally the
Congress designates the length of time for a study such as
this. Quite often a length of time of 3 years would be suitable
and we would be happy to work with the Congress.
Senator Burr. That is assuming that you do not come back to
us and say, ``Well, we did not have the money to do it in 3
years,'' right?
Mr. Holtrop. It would be assuming that. Again, $250,000,
$300,000 over the course of 3 years is something that, given
that kind of a piece of legislation, I think would receive
priority.
Senator Burr. Well, I appreciate that. I still have a
difficult time understanding exactly why we should go through a
3-year process to learn what in all likelihood we've already
studied, that was already evaluated with the American Heritage
River, which has already been accepted by the secretary when
the State designated it. I am sure the secretary in 1976, if he
had had questions, probably would have had further reviews.
Likely you were not in the chair when Representative Rahall
started his study, but I am sure they told him 3 years and
$250,000, and now it is 13 years. So understand that I am
somewhat reluctant to accept that course, and I will urge my
colleagues to proceed forward with what I think is a tremendous
amount of information that suggests that this river ought to be
wild and scenic.
I yield back.
Senator Akaka. Thank you very much, Senator Burr.
Let me complete this with several questions in a second
round of questions. Mr. Wenk, the Vail & Vickers Company has
raised the concern that S. 1209 may nullify the settlement
agreement by requiring the Park Service to manage Santa Rosa
Island in accordance with the NPS Organic Act and enabling
legislation for the park.
I have two questions on this issue. First, does Park
Service interpret S. 1209 as nullifying the settlement
agreement? Second, does clarifying that the park is to be
managed in accordance with the Organic Act and the park's
enabling legislation change the requirements under which it is
currently managed? Is that so?
Mr. Wenk. In answer to the first question, Mr. Chairman,
the settlement agreement that we have would not be--requires
that the elk and deer populations be reduced by about one-
quarter each year starting in 2008. The Hunter amendment
required or made it clear that the National Park Service could
not participate in the removal at the end in 2011 when we were
just trying to move the last remaining numbers that might be
remaining from the requirement for Vail & Vickers to remove it
between 2008 and 2011. So therefore we do not believe it
nullifies the settlement agreement at all.
Also, with the removal of the deer and elk population, we
would in fact manage the Channel Islands, Santa Rosa, the
Channel Islands National Park, in accordance with the Organic
Act and the policies of the National Park Service. So we
believe that this amendment actually helps us to do our job
better for the Channel Islands National Park.
Senator Akaka. Mr. Wenk, the language in last year's
defense authorization bill prohibits the Park Service from
exterminating or nearly exterminating the deer and elk herds on
Santa Rosa Island. If these herds are the property of the Vail
& Vickers Company, what authority does the Park Service have to
exterminate them?
If this language remains in effect, what would happen at
the end of the permit period if the remaining deer and elk were
not removed from the island?
Mr. Wenk. Well, certainly we believe that it is the
responsibility of Vail & Vickers to remove the elk and deer
from the island, and that does not change under any
circumstance. At the end, if this legislation is not passed we
would be prohibited now from assisting Vail & Vickers in the
removal of the final animals from the island. But it would
still be their requirement to remove the animals from the
island.
What would happen if we cannot get all the animals off the
island? You have an opportunity that you would have
repopulation by both deer and elk if they are not fully removed
from the island, and that is not the purposes for which the
Channel Islands was acquired as a national park for the
American public or the intent of the settlement agreement.
Senator Akaka. Mr. Wenk, your testimony indicates that
about 90 percent of the island is off limits to general
recreation during hunting season. Dr. Vail's testimony is that
no visitor has been denied access to the island because of
wildlife operations. Can you make a comment on that or clarify
this issue?
Mr. Wenk. Yes, I can, Mr. Chairman. The 10 percent of the
island that is open does accept visitors. So visitors can visit
that portion of the island at any time. So visitation is not
restricted in that manner.
Sort of the width and the breadth of the island is not
fully accessible to visitors during the time that the hunting
season is going on.
Senator Akaka. During the revision of the National Park
Service management policies a couple of years ago, there was
much debate about the so-called impairment standard. Are the
hunting activities on Santa Rosa Island consistent with the
Park Service's requirement to manage the area unimpaired?
Mr. Wenk. The elk and deer remaining on the island are not
consistent with leaving the island unimpaired. The animals
remaining on the island will cause impairment. Hunting is not
allowed within national park areas under our national parks
policies unless specifically designated as an area by Congress
for hunting.
Senator Akaka. Finally, Mr. Wenk, Park Service regulations
say that hunting is allowed in park areas where such activity
is specifically mandated by Federal statutory law. Can you tell
me what the Federal law is that mandates hunting in this park?
Mr. Wenk. There is no Federal law and that is why we are
seeking to remove the activity and return it to its natural
state.
Senator Akaka. Well, thank you very much to both of you.
Are there any final questions?
[No response.]
Senator Akaka. Thank you for your responses.
Mr. Wenk. Thank you, Mr. Chairman.
Mr. Holtrop. Thank you.
Senator Akaka. Now I would like to call our next panel
forward: Jack Dennis with the Campaign for the Snake
Headwaters, Jackson, Wyoming; Mr. Tom Ikeda, the Executive
Director of Densho: The Japanese American Legacy Project, from
Seattle; Mr. George Santucci, the Executive Director of the
National Committee for the New River, from West Jefferson,
North Carolina; and Dr. Timothy Vail, representing the Vail &
Vickers Company, from La Quinta, California.
First of all, I would like to welcome all of you to the
subcommittee. We appreciate your taking the time to come here
this afternoon, in some cases all the way across the country.
Your entire statement and any supporting materials you have
will be included in the hearing record. I would like to ask
each of you to please summarize your remarks and to try and
limit them to no more than 5 minutes.
Before I ask for your statements, I would like to call on
Senator Cantwell for her statement.
STATEMENT OF HON. MARIA CANTWELL, U.S. SENATOR
FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman, and thank you
for holding this important hearing on national parks and for
the subcommittee's work in general.
In today's hearing there is important legislation to
conserve land on Bainbridge Island, Washington, as part of the
Minidoka Internment National Monument. I would like to
recognize Senator Larry Craig for helping to co-sponsor what is
S. 916, to expand Minidoka in Idaho to include the Eagledale
Ferry Dock site on Bainbridge Island. Senator Murray, Senator
Crapo, and I and Senator Craig have worked on this in a
bipartisan effort to move this legislation, which I think will
benefit Washington, Idaho, the Northwest and the Nation.
Mr. Chairman, I would like to welcome Tom Ikeda of Seattle,
who is testifying before us today. He has had a very
distinguished career, starting in the private sector as an
executive with Microsoft, and he is the founder of Densho, a
Seattle-based nonprofit organization dedicated to ensuring that
the stories of those forced relocations and incarceration of
Japanese Americans during World War II are passed on to future
generations.
Mr. Chairman, 65 years ago President Roosevelt signed an
Executive Order 9066 to authorize the U.S. military to relocate
and detain Japanese Americans from Washington, Oregon, Alaska,
California, and Arizona, and during World War II over 120,000
Japanese Americans were forced into internment camps. The first
to go were from Bainbridge Island, Washington.
On March 30, 1942, 227 residents of Bainbridge Island were
ordered to report to the Eagledale Ferry Dock site. After the
Bainbridge Island community, about 10,000 residents of
Washington State were sent to Minidoka Camp in Idaho and to
Toolhe Lake in northern California. Over 7,000 men and women
and children from Washington were sent to Minidoka in Idaho and
almost 3,000 were sent to the camps in northern California.
Minidoka was one of ten relocation centers operated in the
western United States and men, women, and children lived behind
barbed wire fences in rough barracks, without due process or
information on their situation.
Mr. Chairman, despite the fact that the U.S. Government had
detained U.S. citizens of their most basic civil liberties,
over 1,000 men signed up for military service from Minidoka and
were sent to the front lines. Minidoka had the highest level of
military participation of any of the ten camps and it had the
highest number of those killed in action.
I would like to thank the National Park Service for its
work to develop recommendations for the conservation of eight
acres of land on Bainbridge Island and to develop a management
framework for Minidoka in Idaho. Many organizations from
Washington State were consulted, including Densho, the Wing Luk
Asian Museum, the Japanese American Citizens League, the
Friends of Minidoka, the Bainbridge Island Japanese American
community, and many other local stakeholders.
Their views have developed a special resource study and
general management plan for Bainbridge Island and for Minidoka,
and because of their work last year the National Park Service
found the Bainbridge Island site was suitable and feasible for
management as a satellite unit of the Minidoka facility.
As the years have gone by, it is particularly important
that we get this project done to honor the Japanese Americans
who were placed in these camps and those that survived. With
this monument, we will have an opportunity to tell the story of
this chapter in our Nation's history and to make sure that
future generations understand. We can ensure that the stories
of the camps and the site themselves are told to a much broader
audience as part of our Nation's most important historic sites.
So I look forward to working with Senator Craig and my
other colleagues on this committee to pass this important
legislation, and I thank the chair very much for this
opportunity.
Senator Akaka. Thank you very much, Senator Cantwell.
Now I would like to ask Mr. Dennis, since your name was
first, to proceed with your testimony.
STATEMENT OF JACK DENNIS, HONORARY CHAIRMAN, CAMPAIGN FOR THE
SNAKE HEADWATERS, JACKSON, WY
Mr. Dennis. Thank you, Mr. Chairman, and thank you, members
of the committee. I appreciate being here to appear before the
subcommittee in support of S. 1281, the Snake River Headwaters
Legacy Act. What a pleasure it is to be with you to talk about
my favorite part of the world. I would like to thank Senator
Thomas for introducing this bill and for the citizens of
Wyoming and the millions of people around the world that visit
our magnificent rivers, a legacy we all can be proud of.
My name is Jack Dennis. I am from Wyoming. I am an
outfitter-guide, operate a fly fishing guide service and an
outdoor retail business in Jackson Hole. I am founder of the
Jackson Hole One-Fly Tournament, which is a nonprofit event
that raises money in conjunction with the Fish and Wildlife
Foundation for improvement of fish habitat. I also serve as
coach of the Team USA in the World Fly Fishing Championships.
I was born in Wyoming, lived there all my life. I have
raised my family, make a living in Wyoming. I have waded and
fished all these rivers in this bill. They are my backyard;
they are my sanctuary; they may even be my office.
I have been privileged to visit some of the most beautiful
places in the world and fish the pristine rivers of the Earth,
to Balder Peak in Alaska, the Wairau River in New Zealand,
Ibanez River in Chile. My guides and I have outfitted over
100,000 people in the 40 years of our business.
Without hesitation, Mr. Chairman, the rivers and streams of
the Snake River headwaters are the most stunningly beautiful in
the world. If any rivers are ever worthy of being included in
the National Wild and Scenic Rivers System, these rivers are. I
love to fish these rivers, but they are more than about
fishing. They are a lot more. You do not have to be a fisherman
to fall in love with rivers, to walk these rivers and hear the
music of the rivers, to see beavers swimming out of the lodge,
to watch an elk come down to the river to drink at sunrise.
These rivers touch all our souls.
From the shadow of the Teton Mountain Range, our rivers
flow through Grand Teton National Park, Bridger-Teton National
Forest, and the crown jewel of our park system, Yellowstone
National Park. From the teeming trout pools of the Lewis River
to the Snake River Canyon to the rivers of the headwaters, they
are the lifeblood of northwest Wyoming.
Our rivers are home to the native cutthroat trout, the last
great native fisheries left in the world today. They sustain
thousands of species of animals and plants who depend on them
to survive. As the circulatory system of a living landscape,
our rivers provide critical habitat, unmatched recreational
opportunities, and economic sustainability to our local and
State economies.
Mr. Chairman, wild and scenic designation for these rivers
makes sense. Not only is this designation good for rivers, it
is good for river users who fish and float these waters. It is
good for sportsmen and women who rely on a healthy habitat for
hunting and fishing. It is good for business that depends on
tourism. It is good for our State.
Our rivers, of course, are places of relaxation and
recreation; they offer sensational whitewater rafting,
floating, fishing, as well as hiking, camping, and hunting
along the banks. All these uses will continue to thrive with
the wild and scenic designation.
Our rivers are also powerful economic engines for our
tourist-based economy in northwest Wyoming. Travel and tourism
is the second largest sector of the Wyoming economy and the
largest sector of the regional economy of northwest Wyoming.
States all across the country are using wild and scenic
rivers as powerful marketing tools to attract visitors.
Businesses on Main Street are benefiting from the wild and
scenic rivers in their area. Currently Wyoming has only 20
miles of wild and scenic water, lagging far behind our
neighbors, who have hundreds of miles of wild and scenic
rivers. Wild and scenic designation for this headwaters project
will allow Wyoming businesses to compete better for the
destination dollars in the highly competitive tourist industry.
I have been proud, Mr. Chairman, of serving as honorary
chairman of this campaign, a coalition of river users,
businesses, outfitters, landowners, conservationists, and just
plain people, who want to leave a legacy of clean water, free-
flowing rivers, and outstanding recreational opportunities for
generations of Americans.
As I take Team USA to Finland next month, I would love to
tell them about Senator Craig Thomas's Headwaters Legacy Act, a
visionary piece of legislation that will secure a wonderful
legacy for our children and grandchildren.
I would be happy to answer any questions.
[The prepared statement of Mr. Dennis follows:]
Prepared Statement of Jack Dennis, Honorary Chairman, Campaign for the
Snake Headwaters, Jackson, WY
Thank you Mr. Chairman and thank you members of the Committee.
Thank you for inviting me to appear before this Subcommittee to testify
in support of S. 1281, the Snake Headwaters Legacy Act. What a pleasure
it is to be with you to talk about my favorite part of the world. I
would like to personally thank Senator Thomas for introducing this
bill, and for giving the citizens of Wyoming and the millions of people
from around the world who visit our magnificent rivers a legacy we can
all be proud of.
My name is Jack Dennis, and I am from Wyoming. I am an outfitter
and guide, and I own and operate a fly-fishing guiding service and an
outdoor retail business in Jackson Hole. I am a founder of the Jackson
Hole One-Fly fishing tournament which is a nonprofit event that raises
money in conjunction with the U.S. Fish and Wildlife Service for
improvement of fish habitat. I also serve as the Coach of Team USA in
the World Championships of Fly Fishing.
I was born in Wyoming and have lived there my entire life. I have
raised my family and make my living in Wyoming. And I have waded and
fished each and every river and stream in this bill. These rivers are
my backyard. They are my office. And they are my sanctuary.
I have been privileged to visit some of the most beautiful places
in the world, and to fish the most pristine rivers on earth--from
Gibraltar Creek in Alaska, to the Wairau River in New Zealand, to the
Ibanez River in Chile. My guides and I have outfitted more than a
hundred thousand people on hundreds of rivers around the world, and I
can tell you without hesitation, Mr. Chairman, that the rivers and
streams of the Snake Headwaters are among the most stunningly beautiful
in the world. If any rivers were ever worthy of being included in the
National Wild and Scenic Rivers system, these rivers are.
I love to fish these rivers, but these rivers are about more than
just fishing. A lot more. You don't have to be a fisherman to fall in
love with our rivers. To walk along these rivers and to hear the music
the rivers make . . . To see a beaver swimming out of his lodge . . .
Or to watch an elk come down to the river to drink at sunrise. These
rivers touch all of our souls.
In the shadows of the Teton Mountain Range, our rivers flow through
Grand Teton National Park, the Bridger-Teton National Forest, and the
crown-jewel of our National Park System--Yellowstone National Park.
From the teeming trout pools of the Lewis River to the raging
whitewater in the Snake River Canyon, the rivers of the Snake
Headwaters are the life-blood of northwest Wyoming.
Our rivers are home to the native cutthroat trout, one of the last
great native fisheries left in the world. And they sustain thousands of
species of animals and plants who depend on them to survive. As the
circulatory system of a living landscape, our rivers provide critical
habitat, unmatched recreational opportunities, and economic
sustainability to our local and state economies.
Mr. Chairman, Wild and Scenic designation for these rivers makes
sense. Not only is this designation good for the rivers, it's good for
river users who fish and float these waters, it's good for sportsmen
and women who rely on healthy habitat for hunting and fishing, it's
good for businesses that depend on tourism, and it's good for our
State.
Our rivers are, of course, places for relaxation and recreation,
offering sensational whitewater rafting, floating, and fishing, as well
as hiking, camping, and hunting along their banks. And all of these
uses, and many others, will continue to thrive with a Wild and Scenic
designation. Our rivers are also powerful economic engines of our
tourism-based economy in northwest Wyoming. Travel and Tourism is the
second-largest sector of the Wyoming economy, and the largest sector of
the regional economy in northwest Wyoming.
States all across the country are using Wild and Scenic rivers as
powerful marketing tools to attract visitors. And businesses on Main
Street are benefiting from the wild and scenic rivers in their area.
Currently, however, Wyoming only has 20 miles of wild and scenic water,
lagging far behind our neighbors who have many hundreds of miles of
wild and scenic rivers. Wild and Scenic designation for the Snake
Headwaters will allow Wyoming businesses to better compete for
destination dollars in a highly competitive tourism industry.
Mr. Chairman, I have been proud to serve as the Honorary Chairman
of the Campaign for the Snake Headwaters--a coalition of river users,
businesses, outfitters, landowners, and conservationists who want to
leave a legacy of clean water, free-flowing rivers, and outstanding
recreational opportunities for generations of Americans to come. As I
take Team USA to Finland to compete in the World Championships of Fly
Fishing later this month, I will take with me the news of Senator
Thomas' Snake Headwaters Legacy Act, a visionary piece of legislation
that will secure that wonderful legacy for our children and
grandchildren.
Thank you Mr. Chairman. I would be happy to answer any questions
that the Committee has for me.
Thank you.
Senator Akaka. Thank you very much, Mr. Dennis.
Mr. Tom Ikeda.
STATEMENT OF TOM IKEDA, EXECUTIVE DIRECTOR, DENSHO: THE
JAPANESE AMERICAN LEGACY PROJECT
Mr. Ikeda. Thank you, Mr. Chairman. Mr. Chairman and
members of the subcommittee, thank you for the opportunity to
testify today in support of the Minidoka National Historic Site
Act, S. 916, and the Bainbridge Island Japanese American
Monument Act, H.R. 161.
My name is Tom Ikeda. I am a third generation Japanese
American and am proud to say my family has lived in Seattle,
Washington, for over 100 years. I would have been even prouder
to say continuously for over 100 years, but I cannot say this
because of a 3-year gap from 1942 through 1944 when my four
grandparents, my two parents, and my seven aunts and uncles
were removed from Seattle and incarcerated at the Minidoka War
Relocation Authority Camp in southern Idaho.
Francis Kinoshita, one of my uncles, whom I never had the
chance to meet, volunteered from Minidoka to serve in the U.S.
Army's all-Japanese 442 Regimental Combat Team along with your
colleague Senator Daniel Inouye. Unfortunately, my uncle was
killed in action and was one of 73 battlefield deaths that
Minidoka suffered, more than any other camp.
I am also the Executive Director of Densho: The Japanese
American Legacy Project, a Seattle, Washington, nonprofit
organization. ``Densho'' is a Japanese term meaning to pass
stories on to the next generation, or to leave a legacy. Our
mission is to preserve the stories of Japanese Americans who
were unjustly incarcerated during World War II and to make
these stories available over the Internet.
On behalf of Densho and our partner organizations in the
Japanese American community, I wish to express our deep
appreciation to Senator Larry Craig, Senator Maria Cantwell,
Senator Mike Crapo, and Senator Patty Murray for introducing S.
916 and to Representative Jay Inslee and Representative Mike
Simpson for introducing related legislation, H.R. 161, in the
U.S. House of Representatives. I especially wish to recognize
Senator Maria Cantwell, who has worked to conserve Washington
State's rich cultural heritage.
Densho fully supports the components of S. 916 and H.R.
161. I am particularly excited about the addition of the
Bainbridge Island Japanese American Memorial to the boundaries
of Minidoka. If this legislation is enacted, the Eagledale
Ferry Dock site on Bainbridge Island will be the first area
managed by the National Park Service dedicated to the Japanese
American experience in World War II and located close to a
large population center.
I am pleased to be joined here today by Floyd Mori,
National Director of the Japanese American Citizens League. The
Japanese American Citizens League, which has multiple chapters
in both Washington and Idaho, and the Friends of Minidoka
strongly support this legislation.
Densho also supports an amendment to S. 916 or H.R. 161 to
expand Minidoka's boundary to include the Farm in a Day
property, a 128-acre property adjacent to the monument. This
tract is the National Park Service's highest acquisition
priority because, in addition to telling the historic story of
Farm in a Day described earlier by Senator Craig, it will also
enable the National Park Service to reconstruct an entire
barracks block in its original location, as called for in its
general management plan. This is something that is not possible
without boundary expansion legislation. Public comments
received during the planning process identified the barracks as
the most important buildings to convey the Minidoka story.
Mr. Chairman and members of the committee, I commend your
vision, leadership, and resolve to hold a hearing on this
legislation. For decades Japanese Americans who were imprisoned
by their government lived with shame, guilt, and pain. This
legislation, coupled with the annual pilgrimages, the
collection of personal stories, and the work of the National
Park Service, has helped promote the healing process for many
of the surviving detainees.
As this year marks the 65th anniversary of the mass removal
and incarceration in 1942, many of the survivors are in their
70s, 80s, and older. To ensure that their stories of suffering,
hardship, courage, and hope can be told to future generations,
we respectfully request the committee approve the amended
legislation on an expedited basis.
Mr. Chairman, I would be pleased to answer any of your
questions and provide additional information to you and the
subcommittee. Thank you again for this opportunity to testify.
[The prepared statement of Mr. Ikeda follows:]
Prepared Statement of Tom Ikeda, Executive Director, Densho: The
Japanese American Legacy Project
Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to testify today in support of the Minidoka National
Historic Site Act (S. 916) and Bainbridge Island Japanese American
Monument Act (H.R. 161).
My name is Tom Ikeda. I am a third-generation Japanese American and
am proud to say my family has lived in Seattle for over 100 years. I
would have been even prouder to say ``continuously for over 100 years''
but I cannot say this because of a three year gap from 1942 to 1944
when my four grandparents, my two parents, and my seven aunts and
uncles were removed from Seattle and incarcerated at the Minidoka War
Relocation Authority camp, in southern Idaho.
Francis Kinoshita, one of my uncles, whom I never had the chance to
meet, volunteered from Minidoka to serve in the U.S. Army's all-
Japanese American 442nd Regimental Combat Team along with Senator
Daniel Inouye. Unfortunately, my uncle was killed in action and was one
of 73 battlefield deaths that Minidoka suffered, more than any other
camp.
I am also the Executive Director of Densho: The Japanese American
Legacy Project, a Seattle, Washington, non-profit organization. Densho
is a Japanese term meaning ``to pass stories on to the next
generation,'' or to leave a legacy. Our mission is to preserve the
stories of Japanese Americans who were unjustly incarcerated during
World War II. We collect and offer their stories to the public in a
manner that reflects our deep regard for who they are and what they
endured.
Using digital technology, we provide Internet access to hundreds of
video interviews, thousands of historical documents and photographs,
and teacher resources to explore democratic ideals and constitutional
principles. We seek to educate young people and inspire them to act in
defense of liberty and the highest values of our country.
On behalf of Densho and our partner organizations in the Japanese
American community, I wish to express our deep appreciation to Senator
Larry Craig, Senator Maria Cantwell, Senator Mike Crapo and Senator
Patty Murray for introducing S. 916 and to Representative Jay Inslee
and Representative Mike Simpson for introducing related legislation
(H.R. 161) in the U.S. House of Representatives. I especially wish to
recognize Senator Maria Cantwell, who has worked to ensure that
Washington state's rich cultural heritage is conserved for future
generations as part of the National Park System.
This bipartisan legislation is a testament to the importance of
recognizing this chapter in our nation's history and builds on our
nation's tradition of conserving historic sites that reflect the broad
diversity of our national experience.
Densho fully supports the components of S. 916 and H.R. 161. I am
particularly excited about the addition of the Bainbridge Island
Japanese American Memorial to the boundary of Minidoka. If this
legislation is enacted, the Eagledale Ferry Dock site on Bainbridge
Island will be the first area managed by the National Park Service
(NPS) dedicated to the Japanese American experience in World War II and
located close to a large population center. Because of its significance
as the point of debarkation for the first group of Japanese Americans
to be forcibly removed and detained, Densho believes that the
Bainbridge Island Memorial will become a focal point on the West Coast
for memories, healing, and education about the story of the 227
Japanese Americans from Bainbridge who were relocated on March 30,
1942. By establishing the Memorial, Congress will authorize the NPS to
illuminate the broader story of President Roosevelt's Executive Order
9066 that led to the incarceration of 120,000 innocent Japanese
Americans from across the western United States.
I am pleased to be joined here today by Floyd Mori, National
Director of the Japanese American Citizens League. The Japanese
American Citizens League, which has multiple chapters in both
Washington and Idaho, and the Friends of Minidoka strongly support this
legislation.
Densho also supports an amendment to S. 916 or H.R. 161 to expand
Minidoka's boundary to include the Farm-in-a-Day property, a 128-acre
property adjacent to the Monument. This tract is the NPS's highest
acquisition priority because it will enable the NPS to reconstruct an
entire barracks block in its original location, as called for in its
General Management Plan (GMP).
Let me explain why I think the amendment is important. Two months
ago, I had the opportunity to visit the Manzanar National Historic Site
in eastern California. At Manzanar, the NPS does an excellent job of
preserving and interpreting this World War II-era detention facility.
The ability to walk and reflect in the exact location of the former
barracks serves as a powerful tool for interpretation. This attention
to detail and accuracy reflects historical rigor and makes the events
more tangible and real for visitors to the National Historic Site, who
number over 90,000 annually.
Including the Farm-in-a-Day property in Minidoka is important
because it will allow for the future restoration of an entire block of
barracks on its original location, something that isn't possible
without boundary expansion legislation. Public comments received during
the planning process identified the barracks as the most important
buildings to convey the Minidoka story.
To conserve this historic property, The Conservation Fund acquired
the land and wishes to convey it to the NPS for permanent management. I
ask that a letter in support of the boundary expansion from The
Conservation Fund be included in the record.
The acquisition of this tract will also enable the NPS to tell the
remarkable story of the Farm-in-a-Day project, when thousands of
workers and spectators came together on one day in 1952 to build a farm
on the site of the former camp. This project represents an important
connection between the camp and the decommissioning of the camp and the
development of agriculture in southern Idaho. Building the Farm-in-a-
Day was a significant historical event that marked a cooperative effort
between the local community, state and federal governments, and the
private agricultural industry to establish and demonstrate modem
agricultural techniques and equipment.
Today's legislation is possible as a result of two recently-
completed planning efforts by the NPS as part of the Minidoka GMP and a
Congressionally-authorized special resource study to develop
recommendations to conserve the two sites at Minidoka and Bainbridge
Island as an integrated, unified and comprehensive resource for public
education and interpretation.
minidoka gmp and bainbridge island special resource study
In 2001, the Minidoka Internment National Monument was established
as a unit of the National Park System. In the last several years, the
NPS has worked closely with the local community in Idaho, as well as
Japanese American organizations throughout Idaho, Washington and
Oregon, to develop a GMP for the Monument. As part of its planning
process, the NPS conducted numerous public meetings in Idaho and across
the Pacific Northwest to solicit input from the public about how best
to manage the Monument for public education and interpretation. In
2006, the NPS completed its GMP, which included a number of
recommendations to strengthen the ability of Minidoka to tell the story
of the camp to future generations.
In 2002, Congress passed legislation to authorize the NPS to
conduct a special resource study of the Eagledale Ferry Dock site on
Bainbridge Island. In working closely with the Bainbridge Island
Japanese American Memorial Committee and other partners, the NPS
recommended that the eight acre site be added to Minidoka via a
boundary expansion.
Densho has examined and commented on the draft GMP for the Minidoka
Internment National Monument and the special resource study for the
Eagledale Ferry Dock on Bainbridge Island. Densho supports the
recommendations of the GMP and special resource study and S. 916, H.R.
161 along with a proposed amendment to include the Farm-in-a-Day
property in the Minidoka boundary would implement these
recommendations.
bainbridge island japanese american memorial--eagledale ferry dock
Densho supports expanding the boundary of the Minidoka Internment
National Monument to include the approximately eight acres of land
containing the Nidoto Nai Yoni, ``Let it not Happen Again,'' memorial
at the site of the Eagledale Ferry Dock. In 2002, Congress passed
legislation to authorize the NPS to study the national significance,
and feasibility and suitability of managing the Eagledale Ferry Dock
site on Bainbridge Island, Washington as part of the National Park
System.
Establishing the Bainbridge Island Japanese American Memorial as a
unit of Minidoka will provide an excellent opportunity to tell the
story of the journey of the Bainbridge Island Japanese Americans from
Bainbridge to Manzanar to Minidoka and back to Bainbridge, as all sites
will be managed by the NPS.
land transfer for issei memorial and former staff housing
As proposed in the GMP and as directed in S. 916, Densho supports
the proposed management transfer of approximately 10 acres of land from
the Bureau of Reclamation to the NPS at Minidoka. This transfer will
allow for the creation of an Issei Memorial to commemorate the memory
and experiences of the first generation of Japanese Americans, who
traveled from Japan to settle in America. The proposed Memorial will
honor their sacrifices, hard work, and commitment to their family and
chosen country. This proposed transfer also includes the land and
historic buildings of former staff housing, which would be used for
management purposes.
renaming of the monument
As proposed in S. 916, Densho supports the renaming of the Minidoka
Internment National Monument to the Minidoka National Historic Site.
Changing the name to Minidoka National Historic Site would bring the
name into conformity with the Manzanar National Historic Site and other
units of the National Park System which have a similar scope and
educational mission.
Another reason to change the name is the term ``internment'' is
problematic when applied to American citizens. Technically, internment
refers to the detention of enemy aliens after a legal hearing during
time of war. At Minidoka, approximately two-thirds of the Japanese
Americans incarcerated were U.S. citizens and none were given hearings.
It would be a mistake for the Congress to codify this term in statute,
which is why Densho supports the legislation to change the name to the
Minidoka National Historic Site. This name change was also a
recommendation of the GMP.
Mr. Chairman and members of the Committee, I commend your vision,
leadership, and resolve to hold a hearing on this legislation. For
decades, Japanese Americans who were imprisoned by their government
lived with shame, guilt, and pain. This legislation, coupled with the
annual pilgrimages, the collection of personal stories, and the work of
the NPS, has helped promote the healing process for many of the
surviving detainees.
As this year marks the sixty-fifth anniversary of the mass removal
and incarceration in 1942, many of the survivors are in their
seventies, eighties and older. To ensure that their stories of
suffering, hardship, courage, and hope can be told to future
generations, we respectfully request that the Committee approve the
amended legislation on an expedited basis.
Mr. Chairman, I would be pleased to answer your questions and
provide additional information to you and the Subcommittee. Thank you
again for this opportunity to testify.
timeline
December 7, 1941.--Japan attacked U.S. military bases in Pearl
Harbor, Hawaii. More than 3,500 servicemen were killed or wounded.
February 1942.--President Roosevelt signs Executive Order 9066
which authorizes the mass removal and incarceration of 120,000 Japanese
Americans from California, Washington, Oregon, Alaska and portions of
Arizona during World War II. Minidoka is one of ten large incarceration
centers constructed.
March 30, 1942.--227 members of Bainbridge Island's Japanese
American community report to the Eagledale Ferry Dock, site of the
Bainbridge Island Japanese American Memorial, becoming the first group
of Japanese Americans to be forcibly removed.
August 1942.--The War Relocation Authority opens Minidoka
Relocation Center in Jerome County, Idaho. Approximately 7,200 Japanese
American residents from Washington State are incarcerated at Minidoka
after being temporarily detained at the Puyallup Washington
Fairgrounds. During its operation, the population at Minidoka peaks at
9,397 men, women and children. Over 1,000 men sign up for the U.S.
Army, the highest level of military participation at any of the camp
sites. Of those who joined the military, 73 were killed in action, the
highest number of any of the ten camp sites.
1943.--Bainbridge Island Japanese Americans leave Manzanar for
Minidoka.
October 1945.--Minidoka closed.
April 1952.--Over 10,000 people come together from across southern
Idaho to turn the former Minidoka camp into a working farm (Farm-in-a-
Day).
February 1980.--Congress establishes and authorizes the Commission
on Wartime Relocation and Internment of Civilians (CWRIC) to review the
circumstances surrounding Executive Order 9066 and the forced
relocation and incarceration of Japanese Americans and other U.S.
citizens during World War II. The CWRIC conducts hearings in nine
cities, hears testimonies from over 750 witnesses, and examines over
10,000 documents. In 1983, the CWRIC issues its report concluding that
military necessity was not the cause of the mass imprisonment. Rather,
``. . . causes which shaped these decisions were race prejudice, war
hysteria and a failure of political leadership.''
August 10, 1988.--President Ronald Reagan signs the Civil Liberties
Act (H.R. 442) into law. It acknowledges that the incarceration of
120,000 individuals of Japanese descent was unjust, and offers an
apology and payment of $20,000 to each living survivor.
October 1990.--President George H.W. Bush issues a formal apology
to surviving Japanese Americans in letters accompanying financial
reparations.
February 1992.--Congress establishes the Manzanar National Historic
Site in eastern California, as the first unit of the NPS to commemorate
this chapter in our nation's history.
January 2001.--Minidoka Internment National Monument is established
as a unit of the NPS. As part of its planning process, the NPS conducts
numerous public meetings in Idaho and across the Northwest to solicit
input from the public about how best to manage the Monument for public
education and interpretation. In 2006, the NPS completes its GMP.
December 2002.--Congress passes legislation to authorize the NPS to
conduct a special resource study of the Eagledale Ferry Dock site on
Bainbridge Island. In 2006, the NPS recommends that the eight acre site
be added to Minidoka as a boundary expansion.
Senator Akaka. Thank you very much for your testimony.
Now I would like to call on Mr. George Santucci for your
testimony.
STATEMENT OF GEORGE SANTUCCI, EXECUTIVE DIRECTOR, NATIONAL
COMMITTEE FOR THE NEW RIVER
Mr. Santucci. Thank you very much, Mr. Chairman. Mr.
Chairman and subcommittee, thank you for this opportunity, and
good afternoon, to present testimony in support of Senate bill
1057, to amend the wild and scenic river designation for the
New River in the States of North Carolina and Virginia.
I am George Santucci and I am the Executive Director for
the National Committee for the New River, and I am here
representing our members, supporters, and the New River. I
would like to submit to you today the testimony, including a
map and a picture of this section of the river.*
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* All graphics in this document have been retained in subcommittee
files.
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The New River has been proven to be the oldest river on the
North American continent. It gets its start at above 5,000 feet
in the high country of North Carolina. It starts as two forks,
the North and South Fork, which come together in confluence
near the North Carolina-Virginia State lines. It proves its age
by defying common wisdom and flowing northward through the
Appalachian Mountains as it goes through Virginia and on into
West Virginia.
The section of the river that we are speaking of today
flows through pristine and beautiful farmlands. Many of these
farm owners still hold the original land grants that were given
in the 1700s to their families. There are threatened and
endangered species on this section of the river, including the
Kanawha minnow, the green-faced clubtailed dragonfly, and a
beautiful flowering bush known as the Virginia spiraea. Other
species--bald eagles, blue herons--certainly nest and fish this
section of the river.
The National Committee for the New River was founded 30
years ago when Appalachian Power proposed dams on this exact
section of the river, which would have flooded over 40,000
acres of farmlands and displaced hundreds of families and would
have closed down many communities. There was a massive
grassroots response to this action, which garnered national
attention and bipartisan support for the river, and the action
resulted in the original scenic designation of the river, which
was signed by President Ford on September 11, 1976.
Thirty years later, if I can refer you to the picture
there, you will see that the river has been threatened again.
It was recently proposed that a prison be placed right on that
site on the river, and this is within this current designation
that is being requested today.
Once again, the grassroots folks responded and, luckily,
there has been negotiations which have moved the prison off the
river, but it indicates today that there are constantly threats
to this section of the river and this designation would go a
long way to negotiating with folks with regard to these
threats.
The Winston-Salem Journal recently editorialized that ``the
potential to threaten this section of the river and the tourist
economy that it brings in . . . all these communities along the
river should try hard to limit development and make sure that
the development does not detract from its scenic beauty.''
The National Committee for the New River and its local and
regional partners have protected over 20,000 acres within the
New River watershed. If I can refer you to the map that is
shown there, you can see that there are permanently protected
lands both along the current scenic designation and on this
proposed scenic designation. There are hundreds of acres that
are currently protected just along the proposed scenic
designation and many more are in negotiations to be protected.
I would say every year that thousands of folks come to fish
the New River. It is a world-class smallmouth bass fishery and
the tourism dollars that come--Ashe County, which is the county
that currently enjoys the scenic designation, has about $40
million a year tourism revenue that comes into the county and
they credit the New River as the primary tourist attraction in
the county and the scenic designation is a big part of that,
driving that force.
Charlotte Hanes, a landowner who happens to have land all
along this stretch of the river in both States, has said that
``The river in this area is in such good, undeveloped condition
and there are hundreds of acres that are currently under
conservation easements thanks to the volunteer efforts of
caring landowners and organizations who work for the river.''
I would just like to thank Senator Burr for sponsoring S.
1057 and his vision for protecting our country's oldest river.
This wild and scenic designation would be just another
acknowledgment and recognition on a national level that this
river is our oldest river and that it is an American Heritage
river and deserves this level of protection.
I appreciate the opportunity to present this testimony to
you today and am happy to answer any questions.
[The prepared statement of Mr. Santucci follows:]
Prepared Statement of George Santucci, Executive Director, National
Committee for the New River
Mister Chairman and Members of the Subcommittee, good afternoon.
Thank you for the opportunity to present testimony in support of SB
1057 to amend the Wild and Scenic Rivers Act to designate certain
segments of the New River in the States of North Carolina and Virginia
as a component of the National Wild and Scenic Rivers System. I am
George Santucci, the Executive Director of the National Committee for
the New River. I am here today representing our members, supporters,
and the New River. With the permission of the committee, I'd like to
submit a statement and the attached map and photograph for the record.
My statement today will highlight those comments.
The New River is the oldest river on the North American Continent.
It defies common wisdom by flowing north and west through the ancient
Appalachian Mountains. The New, descendant of the ancient Teyas River,
was altered by the last ice age, resulting in the path it follows
today. The New begins above 5,000 feet in the high peaks of North
Carolina, as two forks, North and South. The main stem of the River is
formed at the confluence of the forks near the North Carolina and
Virginia border. The New then meanders north through Virginia into West
Virginia where it confluences with the Gauley River and forms the
Kanawha River.
The section of the New River for which we are seeking Wild and
Scenic status flows through beautiful undeveloped farmland. In fact,
many of the landowners along this stretch of the New River retain the
original land grants for these farms from the 1700's. This section of
the River is home to threatened and endangered species including the
Kanawha Minnows and Darters, ToungeTied Minnows, Green Floater mussels,
Green-faced clubtailed dragonflies, and Virginia Spiraea. Bald Eagles
and Herons nest and fish the New River.
The National Committee for the New River was founded over 30 years
ago when the Appalachian Power Company proposed constructing two dams
on the New River in Southwestern Virginia. The dams would have
destroyed over 40,000 acres in farmland, hundreds of homes and the
whole of many communities.
The grassroots response to the proposed dam was enormous.
Opposition, beginning with local communities, escalated exponentially.
The 1976 National Scenic Designation garnered nationwide attention,
including coverage by Walter Cronkite (CBS), Harry Reasoner (ABC) and
David Brinkley (NBC). The grassroots effort also garnered broad by-
partisan support as well; Sen. Sam Ervin, Sen. Jessie Helms, Rep. Steve
Neal, Gov. Holshouser, Sen. Ham Horton and many others helped get the
scenic designation legislation passed. It was signed into law on
September 11, 1976. The federal government recognized then what we have
known all along--the New River is a national treasure.
Thirty years after this battle to protect the New, the River was
threatened once again. This time, prison construction, on the very
banks of the River, was proposed--ironically in the same location as
the would-be dam of the 1970's. The grassroots response was again swift
and strong. Local citizens organized to oppose the proposed location.
Local newspapers like the Galax Gazette covered the controversy
extensively. The Winston-Salem Journal, editorially agreed with the
community concern, saying, ``. . . officials should heed the citizen
protests and find another site--one that doesn't have the potential to
threaten the river or the tourist money it brings in . . . All
communities along this river should try hard to limit development
nearby and make sure that any development does not detract from its
scenic beauty.''
As a result of this grassroots action, a compromise was recently
reached. The state's Department of Corrections selected a different
sight in the county, one more cost-effective, and not on the banks of
the New River.
The National Committee for the New River and its local and regional
partners have protected over 20,000 acres throughout the New River
Basin. Our work is a testament to the dedication of our local
communities along the River. Over the last 30 years, thousands have
volunteered to steward the River through contributions of time and
financial support. Volunteers monitor the New's water quality, donate
easements, provide restoration funding, and work on clean-up efforts
throughout the year.
Currently there are hundreds of acres of permanently protected land
along the section of the River we are speaking of today, and hundreds
more proposed for protection. On the existing designated scenic section
in North Carolina, the state has created the New River State Park,
which includes approximately 2,000 acres, and has had 100-200%
increases in visitation over the last few years.
Every year thousands of people fish and canoe the New River.
Currently tourism revenue in Ashe County, North Carolina, is almost $40
million annually--the New River is the major attraction. Statewide
North Carolina's tourism dollars continue to grow with more than 45
million visitor spending more than $15 billion dollars last year.
As said by Charlotte Hanes, a property owner along the River in
both North Carolina and Virginia, ``People holding NC or VA fishing
licenses may fish this area with just one state license. We share the
River and we need to take care of it equally. It would be good for both
states to make a pledge to keep the River as it is now for future
generations and for clean source of water. The river in this area is in
such good, undeveloped condition and there are hundreds of acres
already under conservation easements thanks to the volunteer efforts of
caring landowners and the organizations that work for the River.''
National Wild and Scenic designation will be another
acknowledgement as recognition of the New River as America's oldest
River and an American Heritage River.
I appreciate the opportunity to present this testimony to the
Subcommittee today.
Senator Akaka. Thank you very much, Mr. Santucci.
Now, Dr. Timothy Vail.
STATEMENT OF TIMOTHY D. VAIL, D.V.M., ON BEHALF OF VAIL &
VICKERS COMPANY, SANTA ROSA ISLAND, CA
Dr. Vail. Thank you, Chairman Akaka and members of the
subcommittee. My name is Dr. Tim Vail and I would like to thank
you for the opportunity to provide testimony on S. 1209. I plan
to summarize my written testimony and request that you include
my full remarks within the record and include the attachments
referenced within.
I am a managing partner, large animal veterinarian, and
fourth generation member of our family's ranching company, Vail
& Vickers. We are the previous owners of Santa Rosa Island from
1901 until its acquisition by the National Park Service and
inclusion into Channel Islands National Park in 1986. We are
current operators of a wildlife management enterprise there
that existed prior to the island's acquisition by the park and
continues there under a series of special use permits set to
expire by the end of 2011.
I would like to voice our strong objections to S. 1209
because it would mandate the slaughter of healthy deer and elk
herds on Santa Rosa Island, and as written jeopardizes our
agreement with the Park Service that allows our operation to
continue through 2011. The bill seeks to repeal section 1077,
subsection (c), authored by Congressman Duncan Hunter and
passed into law last year, preventing the eradication of deer
and elk on Santa Rosa Island.
Vail & Vickers operated this historic cattle ranch for
nearly 100 years, earning awards and accolades for their legacy
of good land stewardship. During the mid-1920s, Vail & Vickers
imported Roosevelt elk and Kaibab mule deer, native North
American big game species, to provide species diversity to the
island, a popular idea among ranchers of the era.
We would like to make clear that the language within
Congressman Hunter's legislation, now law, would not continue
our current commercial deer and elk management operation, nor
is it our intent to advocate for an extension of our operation
beyond 2011. Nonetheless, in repealing the current law
protections provided by Congressman Hunter's language, this
legislation today mandates the slaughter of these animals under
the Park Service direction beginning next year. More troubling,
in addition to repealing Congressman Hunter's provision, this
legislation seeks to add language into law which threatens the
very existence of the Vail & Vickers operation before 2011 by
failing to recognize and therefore violating an existing court-
ordered settlement agreement between Vail & Vickers, the
National Park Service, and National Parks Conservation
Association.
The acquisition of Santa Rosa Island included important
provisions to allow our cattle and wildlife operations to
continue within the park through the year 2011. This was an
amicable arrangement worked out between ourselves, Congressman
Lagomarsino, the author of the legislation which created
Channel Islands National Park, and Park Service negotiators,
including Superintendent Bill Ehorn. Superintendent Ehorn and
Congressman Lagomarsino's statements are included in my written
testimony.
We were promised a series of 5-year special use permits to
operate our cattle and wildlife operations for the 25-year
period. It was clearly the intent of the framers of this
agreement that these operations would continue for 25 years as
a living history of what ranching operations were like across
the West.
The relationship between the Park Service and Vail &
Vickers deteriorated rapidly following Superintendent Ehorn--
after Superintendent Ehorn transferred from Channel Islands
National Park and Congressman Lagomarsino retired from office.
There were many issues contested over the years as park
resource managers endeavored to call into question previously
accepted ranch practices. This park agenda was well documented
by former Park Superintendent Tim Setnicka in a series of
articles in the Santa Barbara News Press.*
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* Documents have been retained in subcommittee files.
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We found ourselves under fire when the National Parks and
Conservation Association filed suit and brought us and the Park
Service into court in 1977. As a result of litigation we could
not afford, a settlement agreement forced us to shut down our
cattle operation without compensation in 1998, 14 years prior
to the time agreed upon at the inclusion of the Santa Rosa
Island within the park. We fear that S. 1209 opens the door for
strict park policy interpretation by park activists and once
again jeopardizes our rights.
I have come here to address two issues important to Santa
Rosa Island. Our priority for the past several years has been
to try to do the right thing by our deer and elk herds and find
a workable alternative to stop the needless slaughter of these
animals. We believe that after 80 years of occupancy that this
is their home. If these were buildings we would not be able to
move them if we wanted to. Like the century-old ranch and
cattle operation, these deer and elk are important parts of
Santa Rosa Island's scenic and cultural history and should be
available for the enjoyment of visitors in the future.
Therefore we would like to leave an ecologically
appropriate number of deer and elk on their range on Santa Rosa
Island for visitors to enjoy, a notion supported by leading
wildlife conservation groups.
Last year the Hunter provision in the defense authorization
measure included language protecting the deer and elk from
eradication. He did this without our assistance or
consultation. Today S. 1209, authored by Senators Feinstein and
Boxer, would overturn current law and return us to the court-
ordered slaughter, also without our consultation. Either way we
feel we have been caught in the middle between these two
competing interests.
The passage of this bill could bring about a tragic end to
an agreement made in good faith by my ranching family. Not only
are the deer and elk threatened by S. 1209, but our remaining
rights are also jeopardized. We ask that the committee and
Congress protect our rights and these magnificent herds.
Thank you again for the opportunity to testify and I look
forward to your questions.
[The prepared statement of Dr. Vail follows:]
Prepared Statement of Timothy B. Vail, Vail & Vickers Company,
Santa Rosa Island, CA
Chairman Akaka and Members of the Subcommittee, my name is Dr. Tim
Vail and I would like to thank you for the opportunity to provide
testimony on S. 1209. I plan to summarize my written testimony and
request that you include my full remarks within the record and include
the attachments referenced within.
I am a managing partner and fourth generation member of our
family's ranching company, Vail & Vickers. We are the previous owners
of Santa Rosa Island from 1901 until its acquisition by the National
Park Service and inclusion into Channel Islands National Park in 1986,
and current operators of a wildlife management enterprise there. We
have traveled to Washington, D.C. today to voice our strong objections
to S. 1209, a bill that would mandate the slaughter of healthy elk and
deer herds currently habituated to Santa Rosa Island, one of the
islands within Channel Islands National Park off the southern
California coast.
This bill seeks to repeal that Section 1077(c) of Public Law 109-
364 (120 Stat. 2406), authored by Congressman Duncan Hunter, and passed
into law last year that prevents the eradication of deer and elk on
Santa Rosa Island. Further, the Feinstein/Boxer bill doesn't just
repeal Congressman Duncan Hunter's law protecting the deer and elk, it
also adds language which we feel, if allowed to become law, fails to
recognize and violates an existing court ordered settlement agreement
between V&V, the National Park Service (Park Service) and the National
Parks Conservation Association (NPCA). While Congressman Hunter's
provision impacts this agreement with respect to allowing the elk and
deer to remain on the island, the provisions within S. 1209 are more
broad and troublesome.
We thank you for the opportunity to share our concerns regarding
this legislation. As the former landowners and current tenants of this
island ranch, with over 100 years and four generations of stewardship,
we have been highly impacted by this National Park and National Park
Service policies. Ultimately, we will be the private entity most
directly affected by this proposed legislation. We would like to
provide you with our perspective on some of the issues surrounding the
Santa Rosa Island debate based on our family's knowledge of, and
experience on Santa Rosa Island. We ask that you consider our testimony
regarding the concerns we have for our wildlife operation and
contractual agreements with the National Park Service, and for the
future of the magnificent deer and elk herds on Santa Rosa Island.
background
In 1901 my great-grandfather Walter L. Vail, and his partner J.V.
Vickers, formed Vail & Vickers Co. (V&V) and purchased Santa Rosa
Island, one of the islands in the northern archipelago of the Santa
Barbara Channel Islands, converting the island from a 19th century
sheep station to a 20th century cattle ranch after providing several
years of habitat rest. Vail and Vickers has operated this historic
cattle ranch for nearly 100 years on the island earning awards and
accolades for their legacy of good land stewardship on the island.
During the mid-1920's, V&V imported Roosevelt elk and Kaibab mule deer
to provide species diversity to the island and to provide for personal
enjoyment, a popular idea among ranchers in that era. These animals
were not originally intended as commercial livestock. Herd numbers were
managed by ranch personnel for meat and hides from the time of the
herds' introduction. In 1978, as a result of a proposal born of thesis
work completed by myself at the University of California at Berkeley in
the College of Natural Resources, V&V began a commercial hunting
program in order to better manage these herds responsibly, as well as
add additional revenue to their island cattle operations.
Channel Islands National Park (CINP) was created through an act of
Congress authored by Congressman Robert J. Lagomarsino in 1980. The
Congressman's contribution and leadership was recognized on Nov. 12,
1996 (Public Law 104-333) when the Channel Islands National Park
Visitor's Center was named after him. Attached is a statement from
Congressman Lagomarsino expressing his thoughts on S. 1209 and some of
the island's current issues. His testimony should help provide insight
to discussions that took place over 25 years ago. As Congress
contemplates the intent of current and future provisions, we hope that
you pay special attention to the thoughts of the Member that made the
idea of the Channel Islands National Park a reality.
Santa Rosa Island was acquired by the National Park Service in 1986
against the desire of V&V, who wished to continue their ranching
operations. Nonetheless, with few options available to V&V and under
threat of condemnation, they agreed to sell the island to the federal
government for inclusion in Channel Islands National Park. As
responsible stewards of the island, part of the attraction of the sale
for us was the idea that this unique island's history would be
preserved and presented to visitors.
To ease in the transition, part of the island's sale included an
important provision to allow the V&V cattle and wildlife operations to
continue within the Park through the year 2011. Specifically the family
was given a 25-year lease on a 7-acre parcel with right of use and
occupancy. Separately, V&V was promised by the Park Service the cattle
and wildlife operations were to continue for 25 years through the use
of mutually agreed upon successive 5-year Special Use Permits. Rather
than fight impending condemnation and government appraisal, V&V chose
to work with Park Service to bring Santa Rosa Island into Channel
Islands National Park. The Park received Santa Rosa Island at their
price along with immediate access in return for the continuation of
V&V's commercial operations for 25 years. This agreement also helped
the park access much needed moneys both through the direct collection
of Special Use Permit fees by the Channel Islands National Park, and by
allowing the Channel Islands National Park to obtain funding from the
Park Service for Santa Rosa Island management that would not have been
available had the island been under a 25-year lease to V&V. Lease money
would have gone to the United States Treasury, which would not have
directly benefited Channel Islands National Park.
This arrangement was amicable at its inception, and our
agricultural and recreational operations were deemed by Park Service
negotiators, including the Channel Islands National Park Superintendent
William Ehorn, to be perfectly compatible with both National Park
policies and their vision for future Channel Islands National Park. It
was the intent of all sides involved that these agreements were to be
followed for the full 25-year period. We have included correspondence
from former Superintendent Ehorn in this testimony. It was due in part
to Mr. Ehorn's persuasion that we accepted this course of action rather
than opting for a 25-year lease agreement for the commercial cattle and
wildlife enterprises, which would have allowed V&V to operate as it had
historically until 2011 with no Park input and no public access. It is
also important to note that Congressman Lagomarsino never envisioned
the removal of the deer and elk at the end of the family's 25-year
term.
As a result of a lawsuit brought against the Park Service and V&V
by the National Parks and Conservation Association (NPCA), V&V was
forced to shut down their cattle operation without compensation in
1998, 14 years prior to the time agreed upon at the inclusion of SRI
within the Park. The resulting Settlement Agreement (Settlement) also
detailed conditions under which V&V would continue its hunting
operation until 2011, and further specified that both the deer and elk
herds need be ``removed'' from the SRI by the end of that same year.
Congressman Duncan Hunter authored legislation last year that provided
simply that the deer and elk on Santa Rosa Island may not ``be
eradicated, or nearly eradicated'' from the island.
We would like to make clear that the language within Congressman
Duncan Hunter's legislation, now law, would not continue the current
commercial deer and elk management operation nor extend the V&V's
Special Use Permits beyond 2011. In addition, V&V played no role in
this language and was not consulted by Congressman Hunter in any way
regarding it. It is not our intention to advocate for the continuation
of our wildlife management program past the year 2011. While
Congressman Hunter had a publicly stated goal of allowing our service
men and women a place to hunt after 2011, this language does not do
this. I don't need to explain to this Committee the reality of
compromising what a Member wants versus what is possible in the
legislative process. Unfortunately, the media and individuals with
their own agenda confuse what Congressman Hunter wanted with what was
passed into law.
While Congressman Hunter's language may be politically complicated,
its legislative impact is direct and simple. First, this language
eviscerates the portion of the Settlement Agreement that requires a 25%
per year drawdown in deer and elk populations beginning in 2008, and
ultimate elimination of the elk and deer herds in 2011. It then
requires the Department of the Interior to allow the elk and deer to
remain on Santa Rosa Island beyond 2011. While we think the language is
relatively straight forward, it causes some significant questions for
all involved and particular problems for V&V. Namely, what number of
elk and deer should remain beyond 2011? It appears the intent is to
transfer the herds from private ownership to public use, but how would
this occur?
the problem today
The language of the Feinstein/Boxer bill repeals Congressman
Hunter's legislation which prevents the eradication of the deer and elk
herds on Santa Rosa Island. In repealing the current law protections
provided by Congressman Hunter's language, this legislation would
require the slaughter of these animals under Park Service direction
beginning next year. Further, this bill as written raises questions as
to its impact upon the current wildlife management enterprise and other
Special Use Permit provisions upon enactment. It appears to topple the
court-ordered Settlement Agreement of 1997 of which V&V, the Park
Service and NPCA are party to. It would apparently negate the court
ordered settlement and place us in a position of having to sue the
United States to return the rights they agreed to in the Settlement. As
such, this law could amount to a legislative taking without providing
the funding to do so. This legislation makes no mention that a taking
is intended. We feel that this is yet another example of the steady
erosion of the once amicable agreement between V&V and the Park
Service.
We ask the Committee to oppose this bill based on two basic issues.
As written, this bill could be interpreted to cause the cessation of
our business prior to the time agreed upon by all involved parties,
both at the time of Channel Islands National Park acquisition of Santa
Rosa Island in 1986, and as acknowledged by the Settlement Agreement of
1997. The bill contravenes the Settlement between the parties by
alluding to the Settlement in its introductory remarks, but then
failing to include the Settlement as part of the management criteria
within the law. It further fails to dictate that the Settlement must be
included in the manner of management of SRI in the future. In so doing,
this bill fails to provide for our wildlife operations as afforded by
our various agreements with the National Park Service. The passage of
this bill would likely bring about a number of problems nobody has
anticipated or wants, not the least of which would be the damages
caused by legislative taking.
Secondly, and perhaps more important in the broader picture, we ask
our Senators and this Committee to engage in an open conversation that
acknowledges that these magnificent herds will be slaughtered if this
National Park, or this legislation and the similar bill in the House
has its way. We believe that these animals should not be slaughtered,
and that they should remain on Santa Rosa Island as a well-managed and
valuable wildlife resource. In fact, having the public be able to view
these animals on Santa Rosa Island is a great biological and
recreational asset which is ignored by CINP, but often remarked upon by
Park visitors. The herds can and have been managed so as not to
adversely affect the mission of the National Park Service for over
twenty years, in spite of rhetoric to the contrary.
issues and facts
Those supportive of the slaughter endorsed within the Feinstein/
Boxer bill cite some of the following reasons why these animals should
be eradicated from the island. The following facts are based upon
science and a working knowledge of this island exceeding a century.
1. The presence of deer and elk, and the commercial hunting operation
precludes visitation of Santa Rosa Island by visitors.
This argument, often promoted by Park Service and some elected
officials, is disingenuous. Not a single visitor to Santa Rosa Island
has been denied access by wildlife operations on Santa Rosa Island
since the management program's beginnings in 1979, a well-known fact to
those with first-hand knowledge of Santa Rosa Island and V&V's
commercial operation. The commercial wildlife management program had
been in existence for nearly a decade prior to Park Service acquisition
of the island. At the onset of Park Service presence on Santa Rosa
Island, V&V and our partners in this enterprise, Multiple Use Managers,
began an efficient program that coordinates our daily operations with
Park Service managers on the island in order avoid any danger or
conflicts with Park visitors.
In reality, Santa Rosa Island is large enough, and visitation by
the public is small enough, that it is very easy to avoid the public
during our operations by going to parts of the island that are
unvisited by the public. We adjust on a daily basis to ensure the
safety of visitors and multiple use of this tremendous island.
Currently, the recreational opportunities of camping, hiking,
sightseeing, surfing and kayaking exist year-round on Santa Rosa
Island. The Park's own regulations dictate overnight visitors may only
camp at the designated campground. Citing resources protection, some of
the beaches and other areas are closed by Park Service to the public.
We note that this argument is cynically fraudulent because in spite
of the complete success of our on-the-ground communications procedures
with the Park Service staff, Channel Islands National Park headquarters
recently published a new map for visitors this past year citing areas
that were to be off limits during the three months of wildlife
operations, without any input from us. This transparent stratagem by
the Park Service allows them to say that the public is denied
visitation to significant portions of SRI. The reality is that our
commercial operations do not limit access, and that we are proud of our
ongoing relationship with Park personnel on the island and our ability
to coordinate public access during our wildlife operation. Further, the
General Management Plan for Channel Islands National Park is over 20
years out of date. As a result, public access is limited by the Park
Service--not by our activities.
2. The Congressman Hunter provision allows hunting to continue after
2011 and restricts public access.
These statements are false. This is a one-sentence law which simply
states that the Secretary of the Interior shall cease the plan to
exterminate the deer and elk on Santa Rosa Island. There is no mention
of continued hunting, disabled veterans or restricted public access. It
is not our intention that our commercial wildlife management enterprise
continues beyond 2011. We would like to work with members of Congress
flesh out this law with better, more specific legislation. However, it
is clear that this language does not extend the V&V commercial hunting
operation.
3. The deer and elk cause damage to plants listed as threatened or
endangered.
By the time the Settlement Agreement was reached in 1998, eight
plant species had been listed on SRI as rare, and threatened or
endangered under EPA guidelines. The Settlement created an independent
scientific panel to monitor the effect the deer and elk had on these
plants and report to the Park. Per the Settlement, only two of the
eight plant species listed were thought to have the potential to be
affected by deer or elk on SRI. The scientific panel was empowered to
monitor Castilleja mollis (paintbrush) and Arctostaphylos confertiflora
(manzanita).
As of 2007, the scientific panel has gathered and analyzed data for
eight years and has declined each year to recommend reductions in herd
size based on their independent analysis. The following are some of the
scientific panel's conclusions, as well as those from another
independent agency, the National Resources Conservation Service of the
USDA (NRCS), who has also surveyed Santa Rosa Island.
1. Within two years into the monitoring it was determined
that neither deer nor elk had any negative effect on the
paintbrush and the scientific panel has discontinued monitoring
that plant species. This site was picked specifically to
monitor the impact of grazing by elk (Settlement section 6d).
2. It has been shown that the elk have no effect on any of
the target plant species and are not a threat to the habitat.
Elk, grazing animals whose diet consists entirely of grasses,
annuals and forbs (they are not browsers), are found to have no
effect on any of the listed plants (scientific panel reports
2000-2005).
3. While evidence of browsing by deer on manzanita is
inconsistently evident, the general trend of the data gathered
annually is positive (Peterson Individual Recommendation Letter
2003). The scientific panel does not believe the manzanita
species is in imminent danger of extinction (scientific panel
report 2000). Evidence of browsing of manzanita by deer is seen
mostly in drought years when other more palatable deer browse
is diminished. In spite of the fact that occasional use of
manzanita by deer can be demonstrated, all monitored trends for
this plant have either increased or stayed the same since the
time monitoring began.
4. A field observation study conducted by the Natural
Resource Conservation Service (USDA) in June of 2006 revealed
healthy stands of manzanita in six different areas on the
island. As we had known, there were many more plants on SRI
than the Park Service had stated were present. In researching
the available data on the SRI manzanita, the agency found
contradicting theories on the plants reproduction habits,
noting . . . ``It is not clear how browsing and fire affect the
distribution and abundance of [manzanita] on Santa Rosa Island
and further studies may be necessary'' (preliminary NRCS Report
2006).
5. There are other environmental factors which appear to
affect manzanita to a greater extent island-wide than browsing,
including rainfall, soil composition, insect damage, fungus,
lack of fire (NRCS Report). The scientific panel was only
charged with monitoring the impact of the deer and elk. To date
we are unaware of any other studies looking at other influences
on these plants.
More research is certainly needed to find out what the current
status of the Santa Rosa Island manzanita, but it is clear that
browsing by mule deer is only one of a multitude of factors that affect
the well-being of this plant. What is clear is that the vegetation
trends monitored by the scientific panel are positive since monitoring
began, in the face of the existing deer population. This most clearly
contradicts rhetoric regarding the mule deer impact.
Santa Rosa Island is comprised of nearly 55,000 acres, largely
grassland. Both the current deer and elk herds are very small indeed
and do not approach the sustainable carrying capacity of Santa Rosa
Island. It should be noted that over the past 150 years, the island has
sustained as many as 7,000 head of cattle, 1,500 head of elk, as many
as 3,000 deer, well over 30,000 sheep and tens of thousands of feral
pigs, yet the manzanita has survived. It is clear that the presence of
deer and elk on Santa Rosa Island do not prevent native plants and
animals from flourishing. We have demonstrated that a well-executed
wildlife management operation would allow both the herds and the
manzanita to thrive.
4. The presence of deer and elk on Santa Rosa Island attract Golden
eagles to the island from the mainland. The eagles, in turn,
prey on and have decimated the native fox population.
The logic of this statement is untenable. V&V and previous ranching
interests have raised livestock on Santa Rosa Island for over 150
years. During all those years, the numbers of animals (biomass) that
might have attracted predatory birds which could then have preyed on
the foxes numbered more (on an animal unit basis) than ten times (a
conservative estimate) that which exists on Santa Rosa today. Yet,
Santa Rosa Island fox populations remained steady and healthy during
the ranching tenure. Island Fox decline was first observed only after
dramatic reductions were made to island wildlife and livestock numbers
by Park Service & The Nature Conservancy on neighboring Santa Cruz
Island, beginning in the late 1980's.
These eradications were made on Santa Rosa Island by Park Service
without, to our knowledge, NEPA consultation and included the wholesale
eradication of the wild pig population, the removal of all cattle and
horses (12 aged horses remain on SRI as of this date), and large
reductions in deer and elk numbers. Further, Park Service has removed
all cattle and sheep on neighboring Santa Cruz Island, and is projected
to complete the eradication of the wild pig population this year. The
effect of these wholesale herd eradications on Island Fox populations
is unknown because they were never studied.
While it is known that both Bald and Golden eagles will prey on
fox, the reason why Golden eagles came to the islands and in what
numbers is not at all certain. The Park would like to suggest that
there has been a steady stream of Golden eagles drawn by hoof stock on
the islands. It is hard to defend that theory since that source of
nutrition has been steadily decreasing over the second half of the 20th
century and is now miniscule compared to the amount it once was. So why
would the Golden eagles inhabit the Channel Islands now?
A more plausible theory regarding the arrival of the Golden eagle
on the islands has been proposed in Appendix C of the Channel Islands
Golden Eagle Translocation Project Summary prepared by the Santa Cruz
Predatory Research Group (SCPBRG), University of California at Santa
Cruz. The study has suggested that the entire population of Golden
eagles on the northern Channel Islands could have been derived from a
small number of ``transient or dispersing'' birds, or even a single
nesting pair first sighted on Santa Cruz Island in 1987 or 1988.
Researchers have created a model suggesting successful progressive
nests since 1988 would produce similar population numbers now occurring
on the four islands. If true, the Golden eagle population on the
Channel Islands in the 1990's is much more likely to have been the
result of a random distribution of a few Golden eagles to the northern
Channel Islands.
Research also suggests the possibility that two major eradication
events undertaken by, sheep removal on Santa Cruz by the Nature
Conservancy (1981-1989) and pig eradication on Santa Rosa by Park
Service (1990-1993) may have sustained Golden eagle colonization of the
northern Channel Islands. There may very well have been little or no
influx of Golden eagles from the mainland throughout this period, but
that the Golden eagle families that were already here were sustained by
those herd eradications. It appears that translocation of Golden eagles
off the Channel Islands and reintroduction of Bald eagles has
apparently rid the islands of Golden eagles at this point in time.
Given these points, it appears likely that deer and elk on Santa Rosa
Island have played no role in the eagle population dynamics on the
Channel Islands.
If there is little or no influence by mainland Golden eagles, how
does Park Service current strategy of the eradication of deer and elk
on Santa Rosa aid in the restoration of the Island Fox? Also, do Park
biologists know that a wholesale deer and elk eradication program might
not start another crisis event, supporting an abnormally large
population of predatory birds which might again decimate Island Fox
populations? It seems clear that more study needs to be undertaken in
this field before going forward with deer and elk eradication. It is
interesting that members of the SCPBRG staff gathered Golden eagle DNA
samples as part earlier studies in order to try to ascertain their
origin. The Park Service and the Nature Conservancy have chosen not to
provide funds to complete that portion of their study, saying their
funds could be better used elsewhere and that any findings resulting
from such a study would not alter their intent in so far as managing
eagles, fox, deer or elk on the islands. We strongly disagree with this
assessment and feel these studies are important to come to an honest
biological assessment of eagle/fox population dynamics. It may be that
the Park's eradication policies led directly to the present predicament
of the Island fox.
5. Deer and elk cause harm to archeological sites on the Santa Rosa
Island by trampling and destroying artifacts.
This is a new assertion with respect to the island and seems to
follow a path used by land management agencies when trying to impart
their will upon an area. This issue is a red-herring as our protective
measures to support the islands artifacts can be verified and the claim
on its face is illogical. Santa Rosa Island contains over 600
archeological sites, one dating back over ten thousand years. Vail &
Vickers has a very good reputation in the scientific community for
honoring the rich prehistoric island history, and has provided support
for the preservation of these sites over many decades.
Vail & Vickers has been an active participant in an eighty-year
relationship with the Santa Barbara Museum of Natural History and has
supported many investigators in the anthropological field over those
years. During our tenure no qualified researcher or institution was
ever denied access to the island or denied help if needed with
transportation or logistics on the Santa Rosa Island. There was never a
complaint lodged about damage caused by livestock or wildlife by these
researchers during our tenure here.
Given the number of animals that have been on the island during
its' ranching past compared to today, and given the relative pristine
condition of the archeological sites that exist on the island now, we
believe this argument to be nothing more than self-serving fabrication.
We can provide letters of support from the Santa Barbara Museum of
Natural History as well as from others in the scientific community. It
should also be noted that the Park Service, while hiding behind this
disingenuous argument, has not been a particularly good steward of the
archeological sites that exist on Santa Rosa Island. As part of former
Park Superintendent Setnika's three-part series of articles in the
Santa Barbara News-Press, Mr. Setnika exposes this and other examples
of the hypocrisy demonstrated by the Park Service while working towards
their own anti-ranching agenda. I have attached the entire series and
the editorials that accompanied them as part of my testimony today.
As a factual matter, discussions with our acquaintance
archeologists note that the value of the archeological site is vested
beneath the surface, where the effects of exposure do not exist. The
surface is exposed to wind and rain erosion, not to mention the
sometimes irresistible human interaction, all of which are much greater
threats to the site than the roughly one thousand animals currently
spread over 55,000 acres. Discussions with a previous Channel Islands
National Park Superintendent indicate that if there is a threat to
archaeological sites on these islands, it is in the form of the vastly
increased use of island roads by Park Service vehicles. We estimate
vehicle use on Santa Rosa Island to be increased ten-fold compared to
prior ranch use.
the deer and elk on santa rosa island
The practical reality is that the term ``removal'' of these herds
from Santa Rosa Island, as stipulated by the Settlement Agreement that
Congressman Hunter's legislation overturned, means eradication. We feel
strongly, as do others, that the slaughter of these herds is a
senseless and avoidable tragedy. We use the term slaughter because it
should be noted that this Settlement goes so far as to state that
``unusual costs'' such as ``trained professionals and helicopters'' be
deployed to ``remove'' the most challenging animals. It should be made
clear that the idea of removal of live animals to meet the requirements
of the Settlement is a new one and poses great costs and may be
practically impossible.
The deer and elk herds on SRI contain some of the very best
examples of these two native North American species. These healthy,
thriving herds have lived with sound game management on SRI for
approximately 80 years, and are well-adapted to the habitat. Their
genetics constitute an invaluable biological resource which should not
be squandered. They have lived on SRI isolated from diseases which
afflict mainland cervid herds, such as Chronic Wasting Disease. These
animals have been protected from predators and habitat destruction,
just as mule deer populations across the western United States are in
declining health as a result of these pressures. The existence of these
superb herds provides the opportunity to protect a genetics pool which
could then be available to repopulate mainland herds in the future. It
is our opinion that these herd provide a valuable natural resource that
should not be needlessly squandered and that it would be short-sighted
to think otherwise.
Relocation has lately been proposed as an option to preserve these
herds, but it is expensive and fraught with practical complications.
Transporting mule deer is particularly problematic and results in high
death losses as a result of a condition known as ``transport stress
myopathy''. Furthermore even if transportation problems could be
overcome, the question remains, where would we put the animals? Finding
a new home for these animals poses a great challenge and, the movement
of these animals back to the mainland negates the very great advantage
that isolation has provided these deer and elk species. It would be of
great biological advantage for North American wildlife management to
maintain the protection and isolation of these closed herds.
Economic factors should also be noted. The cost to transport these
herds off the island is not an option V&V ever anticipated at the time
of the sale of SRI to Park Service in 1986. ``Removal'' by transport is
a concept only recently given lip service by Park Service for the very
transparent reason that they would not like to be seen as responsible
for the wholesale eradication of these herds. Our commercial operations
on SRI have been steadily eroded by Park Service oversight and Park
Service fueled legal challenges. We received no compensation for the
unexpected, immediate termination of our cattle business in 1998 and we
simply don't have the financial means for the ambitious undertaking
relocation would pose. We have, in the past been able to capture and
sell elk cows for mainland breeding operations however, the market for
live Roosevelt elk has dried up and recent research has shown that
there are no willing buyers.
We feel the best solution is to maintain the herds at well-managed
levels on Santa Rosa Island. We know from experience that these herds
can be maintained on Santa Rosa Island with no significant impact on
island habitat. There are many ways to manage herd size and health, of
which commercial hunting is only one. Further, eradication of these
animals may trigger unanticipated catastrophic events on other island
plant and animal species.
conclusions
Senator Feinstein's bill (S. 1209) as presently worded would
nullify Congressman Hunter's bill passed into law (Public Law 109-364,
Section 1077(c)) last year. At a minimum, this would allow the court-
ordered slaughter of deer and elk per the NPCA/NPS/V&V Settlement
Agreement to go forward. However, it appears that the enactment of this
legislation could bring about the termination of our wildlife
management enterprise prior to the time agreed upon by all parties in
that Settlement Agreement. It may even be that this legislation
overturns the Settlement Agreement in its entirety. We strongly object
to this outcome and ask the Committee to refrain from moving this bill
forward. It is a highly flawed response to a flawed law.
We urge the Subcommittee members to help us work toward a solution
that benefits everyone involved as we have been trying to do for the
past several years. Vail & Vickers has a long history of good land
stewardship on Santa Rosa Island and has steadily worked for a solution
for this current situation. We reiterate that there is no good
biological reason to remove the current populations of deer and elk
from Santa Rosa Island, and the science supports that conclusion.
We are grateful to have been given the opportunity to have
testified today. Vail & Vickers has been caught between competing
members of Congress and special interests that seemingly have no
interest in our opinion although we will ultimately be burdened with
the future of this island legacy herd. We appreciate that while
somewhat simple conceptually, the issues discussed today involve
important public policy. We hope that you will join us in working
towards a sensible outcome that includes honoring our historical
agreements with the Park Service. We should also like to avoid being
partner to the unnecessary slaughter of healthy and magnificent elk and
deer herds.
Senator Akaka. Thank you very much, Dr. Vail.
My first question is to Tom Ikeda. Mr. Ikeda, I would like
to have a better understanding of what the memorial on
Bainbridge Island will entail? Is there already an existing
memorial at the site or will a new one be needed to be designed
and constructed?
Mr. Ikeda. There has been work to put a memorial there.
There is already a memorial being constructed right now on the
site, so this would not necessarily be a new one. This is
really more of a management issue so that by increasing the
boundaries of the Minidoka to include the Bainbridge Island,
then the National Park Service can actually help manage the
site.
Senator Akaka. Thank you.
Mr. Santucci, from the map you have submitted it looks like
most of the river section that is proposed for designation is
in Virginia. Do you know what kind of support there is for this
designation in the State of Virginia?
Mr. Santucci. I know that the local landowners along this
stretch of the river are very much in support of that and they
have let their Senators and Congress folks know, and I have had
some discussions with both Senator Warner and Senator Webb's
staff, as well as Congressman Boucher's staff, and we are
talking about support, and we are also talking with the county
government to make sure that they are in favor of that. I have
not heard yet. I just found out about this days ago.
Senator Akaka. Dr. Vail, does the Vail & Vickers Company
still support the terms of the settlement agreement?
Dr. Vail. We are not sure at this time where we stand with
the settlement agreement because of Duncan Hunter's language.
As you know, the law is only one sentence. It is very unclear
to us what it means to us.
Senator Akaka. There has been a lot of talk about
eradicating or slaughtering the deer and elk. These animals are
your property. As I understand the settlement agreement you
have with the Park Service, you are required to remove the
animals from the island in 4 years. What requires that they be
slaughtered? Is it not your choice how to remove any remaining
animals when the permit expires?
Dr. Vail. The practical reality is removal means
eradication. There is no practical way to remove this number of
animals from that island. They have been reduced a great amount
to the levels they are now and they fit well on the island, but
that still would be a matter of removing 1,100 animals to some
place on the mainland that is unidentified, with resources we
have no longer because we do not ranch, which underwrote the
wildlife operation. This simply cannot be done.
The elk we have transported when there was a market for
them in the past. There now is no market. That has dried up. So
there are no willing buyers for them. So there is nothing to
support that.
The deer suffer great mortality in transport, so that is
not likely to be a viable alternative. And also we have very
few, if any, willing buyers.
So the fact is, while it says removal, it means
eradication. Nobody ever anticipated that there was any other
way to remove these animals from Santa Rosa.
Senator Akaka. Then in your opinion, Dr. Vail, what would
be the best solution for the future management of Santa Rosa
Island?
Dr. Vail. Well, we think we have shown over the last 85
years, and in particular over the last 30, that the deer and
elk can easily be managed on Santa Rosa Island. They are not a
threat to the resources there. We have shown that repeatedly,
in spite of the rhetoric to the contrary. So we do not
understand why these legacy herds could not be left in place to
be managed on Santa Rosa Island at approximately their current
levels in perpetuity.
Senator Akaka. Thank you very much.
Senator Craig Thomas.
Senator Thomas. Thank you.
Mr. Dennis, the Snake River designation, will that
designation affect the current use of the land along the Snake
River?
Mr. Dennis. No, not at all. It would allow everything that
is going on right now.
Senator Thomas. So there is support for this from the
people?
Mr. Dennis. We have a paper in town called the Jackson Hole
Guide and News that about everything that ever comes up there
is a negative on anything. In 2 weeks with this bill being
introduced, there has not been one single negative letter. I
think it is supported by everybody in the community. It is good
for all walks of life that love the rivers.
Senator Thomas. How do you see the current condition, the
water quality, the fisheries, and the overall health of the
river?
Mr. Dennis. I would say it ranks as one of the highest
quality waters left in the world today. To use an example is
the native cutthroat trout, which has been the subject of a lot
of talk about designations to protect them. It is the last
great bastion of cutthroat trout. They are wild and free. There
is not any stocking going on. They are genetically pure and
there is hardly anywhere in the world you can say that. I mean,
a genetically pure fish with no introduced species in the
headwaters--it is a gem. It needs to be protected.
Senator Thomas. So this is a pretty unique area of anywhere
around.
Mr. Dennis. Yes.
Senator Thomas. You know, you say Yellowstone is on one
side, Teton Park is on another, the Teton National Forest is
basically in it, and so on.
Mr. Dennis. Well, you know, it makes sense. You have the
parks, our crown jewels, and the land. It just needs to be tied
up. It is unbelievable that we only have 20 miles and that is
over by Cody, of a wild and scenic river. It just makes sense.
I will tell you, I had a friend that said this and I think
this is something that is really important. He said, ``Where do
we go as a race of people if we do not protect places like
this?'' I mean, there is nowhere--I have been almost everywhere
in the world there is rivers. This is one of the last great
places left and it needs to be protected.
Senator Thomas. Well, thank you so much for being here.
Mr. Ikeda, the Secretary is responsible for transferring
land and improvements to the reservoir, the city of Gooding,
Idaho Department of Fish and Game. What is the amount of land
that is being transferred?
Mr. Ikeda. Senator, actually I do not have that in front of
me, so I would have to get back to you with that one, because I
am not sure of the exact amount.
Senator Thomas. Is it a substantial amount?
Mr. Ikeda. In terms of the--well, I understand--I know the
part that relates to the actual Minidoka Internment Monument,
where there is about 10.08 acres, one to do an issei memorial
or first generation memorial, and another one for the historic
staff buildings. Then there are these other ones for Gooding
and I am not certain of those acreages.
Senator Thomas. Mr. Santucci, about the New River: will the
wild and scenic designation impose restrictions on the use of
the private lands along the river?
Mr. Santucci. No, it does not have any provisions in the
law to limit any use of private land, no.
Senator Thomas. How do you know that it will still be wild
and scenic then?
Mr. Santucci. Because there is a lot of efforts going on
with regards to land protection. We currently hold three large
easements on this section of the river and I think with this
designation more landowners would be inclined to put their
lands, their farms, these legacy farms, under permanent
protection.
Senator Thomas. Why is the oldest river in the Nation
called the New River?
Mr. Santucci. That is a great question. It has got a lot of
stories as to why that is. Some of them date back to the fact
that it was the first river that folks found as they traveled
west across the Appalachians, and they came across the
mountains and they found the river and it was a new river. I
know that is not a real exciting story, but that is the one I
hear the most.
Senator Thomas. Sounds good to me.
Finally, just very briefly, Dr. Vail, I do not quite
understand this. Does the Park Service own the island now?
Dr. Vail. Yes.
Senator Thomas. It is a park?
Dr. Vail. It is a park. They are on. But the agreement was,
in order for it to be a park, that the family and our
operations had 25 years----
Senator Thomas. I see.
Dr. Vail [continuing]. Through 2011. And the parks seeming
to have forgotten these agreements, and so this access issue
keeps coming up: why are people denied access? Well, that was
the park's agreement.
Senator Thomas. So 2011, these critters would leave anyway,
is that it?
Dr. Vail. Well, at 2011 hunting would stop. So if they are
thinking access is limited by hunting, which by the way it is
not, then this is a non-issue because access would not be
denied after then anyway.
Senator Thomas. I see. Okay, thank you.
Senator Akaka. Thank you very much, Senator Thomas.
Senator Cantwell.
Senator Cantwell. Thank you, Mr. Chairman.
Mr. Ikeda, I know you are more familiar with the Bainbridge
Island site because the expansion of Minidoka is something that
Senator Craig and his team have been working on, but it is part
of this. Can you explain why you think having--it was already,
Minidoka, already a national historical site, and what we are
doing is proposing here in this legislation in both the House
and the Senate is to add a satellite to that.
Can you explain why that is so important, to tie those two
historic sites together?
Mr. Ikeda. You are referring to adding the Bainbridge?
Senator Cantwell. Yes. I mean, because they are obviously
thousands--I mean, hundreds of miles apart.
Mr. Ikeda. Well, I think it is a tremendous opportunity
because you start with the very first community that was
removed under Executive Order 9066, Bainbridge Island. They
then went down to Manzanar, another National Park Service
historic site currently. Then most of them then moved to
Minidoka, and then from Minidoka back to Bainbridge.
So here you have an opportunity to tell the complete story
of a community being removed, going to Manzanar, Minidoka, and
then back. So I think that is a significant story that by the
addition of Bainbridge you complete that triangle, that loop.
Senator Cantwell. Well, is it not also, too, that you are
taking advantage of the fact that Bainbridge is in a large
urban area and population and maybe get more recognition to the
fact? In fact, our ferry system is probably one of the No. 1
tourist attractions in the Northwest, with more people riding
on that than Amtrak every year. So the fact is that you would
bring recognition to this historic event and probably get more
people going to Minidoka because of this historic designation
satellite.
Mr. Ikeda. Exactly. I think the educational possibilities
in the Puget Sound area multiply greatly. I think what the
community has lacked is a focal point where we can come
together to in some ways tell the stories and heal. I think by
having the Bainbridge Island site, which is, as you say, right
across the sound from Seattle and other major urban areas,
allows this to happen, not only for the Japanese American
community, but the large population in terms of educating
people in terms of what happened.
I think it makes what happened to Japanese Americans much
more real when people can actually visit these sites.
Senator Cantwell. Thank you. And you do have some stories
of--you have been able to interview some of the oldest
survivors, is that correct?
Mr. Ikeda. Yes, we have interviewed a couple dozen Japanese
Americans from Bainbridge Island, and those are available on
our web site.
But another story--and people do not realize that we do
this also--we also interviewed non-Japanese Americans. If you
recall the historical photographs of the community being
marched down to Eagledale Ferry Dock, there are soldiers
interspersed amongst them. All the soldiers have rifles over
their shoulders, but if you look carefully at those photographs
you also notice that most of them had baggages. They were
actually helping the Japanese Americans leave the island.
When I showed this photograph to military people, they are
surprised. They are shocked. They are saying the soldiers' job
was to guard these individuals, not to help them down the ferry
dock.
So we had the opportunity to interview Walt Woodward, who
was the publisher of the Bainbridge Island Review, and we asked
him, because he was covering this story. We asked him about the
soldiers. What was interesting was this was the one time Walt
Woodward got really emotional, because it reminded him that
what he saw were the tears in the soldiers' eyes, that the
soldiers for about 3 days had been rounding up and then
removing and escorting these individuals away from the island,
and what the soldiers recognized was the injustice and how
wrong this was, and they were so sad as they were leaving the
island that Walt Woodward said many soldiers had tears in their
eyes.
So it is these stories that we find so compelling, not only
the Japanese American stories, but the neighbors who were there
to witness this.
Senator Cantwell. Thank you.
Mr. Chairman, I think that these kinds of opportunities to
tie into other existing sites similarly in Washington State as
we celebrated the corps of discovery with Lewis and Clark's
expedition just recently, their anniversary, and integrating
some sites from that historic journey with already existing
sites in Oregon has helped us tell the complete story, a way to
continue to expand on the historic educational opportunities by
giving people who want to visit many of the sites an
opportunity to have a road map to do that. So I think it has
worked out very well and I think that we should continue to
emphasize the advantages of playing off of existing historical
sites and adding to them in this unique way.
So I thank the chair again for this hearing.
Senator Akaka. Thank you very much, Senator Cantwell.
I want to thank all of you for your testimonies and for
being here this afternoon and traveling this far to testify.
If any committee members have additional questions, we will
submit those to you in writing and would ask that you answer
them as quickly as possible so that we can include them in the
hearing record.
Before we adjourn, the subcommittee has received statements
from the National Parks Conservation Association on S. 1209 and
the Nature Conservancy as well, and from the American Rivers on
the three wild and scenic river bills. All of those statements
will be included in the record.
If there are no further questions or comments, again I want
to say thank you. This has been a good hearing. It will be
helpful to us in our consideration here of these bills. Thank
you very much and the hearing is adjourned.
[Whereupon, at 4:42 p.m., the hearing was adjourned.]
APPENDIXES
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Appendix I
Responses to Additional Questions
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Responses of the National Park Service to Questions From Senator Thomas
eightmile wild and scenic river act (s. 553)
Question 1a. What changes will you make in managing the Eightmile
River as a result of this bill?
Answer. The National Park Service will become a partner in the
implementation of the Eightmile River Watershed Management Plan.
Specific roles envisioned for the National Park Service (and described
in the Plan) include: overall administration of the Wild and Scenic
River designation; coordination of the Eightmile River Wild and Scenic
Coordinating Committee; technical and financial assistance in
implementation of the Plan; and review of federal permits or projects
under Section 7 of the Wild and Scenic Rivers Act.
Question 1b. How much do you estimate it will cost to administer
the Eightmile River as a wild and scenic river?
Answer. The federal cost to administer the Eightmile River, based
on other similar partnership rivers, is estimated to be $150,000
annually.
Question 1c. What restrictions will the designation as a wild and
scenic river place on use of private property in the area?
Answer. The designation does not confer any authority to the
National Park Service to restrict or regulate adjacent land use. Local
communities will continue to regulate private property, as prior to
designation. Any changes to local zoning or subdivision regulations
must be approved through standard local processes.
niagara falls national heritage area designation (s. 800)
Question 2a. Has the National Park Service conducted a study of the
Niagara Falls Heritage Area? If so, what were the findings?
Answer. In 2006, the National Park Service completed a national
heritage area feasibility study of the Niagara Falls region. The study
concluded that the region met all of the criteria for designation as a
national heritage area including the existence of significant levels of
public support and local commitments. These commitments include
financial support including the one-to-one match to NPS funding, which
is necessary for successful planning and implementation of a heritage
area.
Question 2b. As is the case for most National Heritage Areas, the
bill authorizes the appropriation of $10 million over a period of 15
years. What steps does the National Park Service take to require
National Heritage Areas to work within the $10 million dollar funding
authorization and be able to operate without federal funds after that
time?
Answer. The National Park Service has consistently encouraged
National Heritage Areas to become less reliant on direct grant support
and more prepared to be self-sufficient once the authorization of
direct funding expires. For example, NPS encourage National Heritage
Areas to look for alternative funding sources and develop long-term
partnerships with public and private entities within each Area.
During the 109th Congress, the Administration transmitted to
Congress proposed National Heritage Area program legislation to
establish criteria for and to create a National Heritage Areas System
in the United States. Based on this proposal, legislation was
introduced in the 109th Congress by Senator Thomas and passed the
Senate. National Heritage Areas are required to match the NPS National
Heritage Partnership funding on a one-to-one basis. Over the life of
the program, the National Heritage Areas have leveraged $8 for every 41
of NPS funding. As part of the Administration proposal, there is a
requirement that a study be conducted for each heritage area three
years prior to the termination of the authorization for federal funds.
This study will assist areas in moving towards self-sufficiency by
evaluating the current funding streams and management structure and
planning for long-term funding once the federal money is no longer
authorized. The Department is currently working on a similar
legislative proposal and we hope to transmit it to Congress later this
year.
minidoka national monument boundary adjustment (s. 916/h.r. 161)
Question 3a. Under Section 202 of S. 916, the Secretary is
responsible for transferring land and improvements to the Reservoir,
the city of Gooding, and the Idaho Department of Fish and Game. What is
the total amount of land being transferred? Why is this transfer
necessary?
Answer. The total amount of land that would be transferred under
this legislation to the three entities is 442 acres. Of that amount,
approximately 397 acres would be transferred to the American Falls
Reservoir District No. 2; 5 acres to the City of Gooding; and 40 acres
to the Idaho Department of Fish and Game. In addition, approximately 10
acres would be transferred to the National Park Service. The city, the
Idaho department, and the National Park Service are already managing
the lands that they would receive.
By transferring the Milner-Gooding Canal and other Gooding Division
facilities to the American Falls Reservoir District No. 2, enactment of
this legislation would give the District more local control of
facilities that were constructed for its use. It would also eliminate
the need for duplicative and unnecessary administrative obligations
that exist for the District because title to the facilities, buildings,
and lands is held by the United States. For the Bureau of Reclamation,
the title transfer would eliminate the periodic facility reviews and
processing of paperwork that currently consumes significant staff time
and improve public management of remaining properties by transferring
them to other governmental agencies. In addition, this bill would
improve public management by transferring specific parcels to other
governmental agencies that are currently managing the lands in
question, as indicated above.
Question 3b. Do you foresee a need for any future boundary
adjustments at the Minidoka site in addition to the adjustment
authorized by S. 916 or H.R. 161?
Answer. The recently completed General Management Plan (GMP) for
Minidoka Internment National Monument calls for an eventual boundary
adjustment to include a 128-acre parcel adjacent to the existing unit.
In addition, the GMP calls for adding to the unit the relocation
center's landfill, north of the boundary. That would entail adding 80
acres of land under the administrative jurisdiction of the Bureau of
Land Management.
new river north carolina and virginia wild and scenic river
designation (s. 1057)
Question 4a. The witness from the Department of Agriculture is
recommending that S. 1057 be amended to require a study of the New
River prior to designation as a Wild and Scenic River. Do you concur
with such an approach and what role would the National Park Service
have in such a study?
Answer. As a matter of policy, the Department believes it is
appropriate to conduct a study to determine whether a river meets the
criteria for National Wild and Scenic River status before Congress
designates it as part of the National Wild and Scenic River System. The
National Park Service would not have a role in a study that Congress
authorized the Department of Agriculture to conduct unless the study
area included lands administered by the National Park Service.
Question 4b. How would the wild and scenic river designation change
the way the New River is currently managed?
Answer. Because S. 1057 would authorize the Secretary of
Agriculture to administer the New River, we defer to the Department of
Agriculture on this matter.
Question 4c. What restrictions will the designation as a wild and
scenic river place on use of private property in the area?
Answer. Again, we defer to the Department of Agriculture on this
issue.
santa rosa island deer and elk removal (s. 1209)
Question 5a. What, if any, impact are the deer and elk currently
having on the environment of Santa Rosa Island?
Answer. Deer and elk negatively impact vegetation, wildlife, and
archeological resources on Santa Rosa Island:
There are 8 federally listed endangered/threatened plant
species (one of which was last seen in 1932), including two
which only occur on Santa Rosa Island. The presence of non-
native deer and elk pose a threat to the survival of five of
these listed species.
Deer and elk pose a threat to the endangered island foxes.
Mule deer fawns have been the most important single food item
for nesting golden eagles, making up over one third of the food
adult golden eagles fed to their nestlings. In addition, deer
and elk carcasses following a hunt provide a source of food for
golden eagles. Without deer on the island, golden eagles would
not be able to establish territories and breed successfully
there. Golden eagles also prey on island foxes, which caused a
more than 95 percent decline in the fox population on the
island, from 1,500 foxes down to only 14 animals. NPS has spent
nearly $5 million to recover island foxes in Channel Islands
National Park.
According to Dr. Torrey Rick, Archeologist, Southern
Methodist University, the greatest single threat to the
archeological resources of Santa Rosa Island comes from
introduced animals, especially deer and elk. In 2003, he
completed a survey of over 50 Santa Rosa Island sites and
recorded negative effects of deer and elk on the majority of
these sites.
Question 5b. What is the role of the National Park Service in the
removal of deer and elk from Santa Rosa Island in accordance with the
settlement agreement?
Answer. The 1998 Settlement Agreement states:
. . . provided that the remaining deer and elk in 2011
become extraordinarily difficult to remove despite the diligent
efforts of removal by V&V, NPS will equally share the ``unusual
costs'' of the removal of those deer and elk. ``Unusual costs''
is defined as the cost of trained professionals and
helicopters.
The NPS involvement in the removal of deer and elk under the
Settlement Agreement is the potential provision of funds to Vail &
Vickers (V&V) for costs of final removal of animals, if helicopters and
trained professionals are required. The responsibility for removal of
the deer and elk has always been the responsibility of V&V, as the
animals are their private property.
Although there is no specified role under the Settlement Agreement
for NPS in the removal of the herds beyond the potential assistance
noted above, NPS has offered to cost-share with V&V if they wish to
begin a program of disease testing deer and elk, a requirement prior to
possible relocation to the mainland. Additionally, NPS has provided V&V
with contact information for the federal and state agencies that would
need to permit any movement of deer or elk from Santa Rosa Island. NPS
is willing to work with V&V to move the herds off the island, if V&V
chooses that course.
Question 5c. Quotes in the media from Superintendent Galipeau
indicate that 90% of the Santa Rosa Island is closed to the public
during the hunting season. Dr. Vail's testimony reports of daily
communication and coordination with the Park Service rangers stationed
on the island to ensure the safety of the general public and hunting
visitors. With the low annual visitation to Santa Rosa Island, he
paints a picture of thoughtful coordination to the benefit of both sets
of visitors. Given that, it seems hard to imagine that 90% of the
island could be considered closed. Do you stand by Superintendent
Galipeau's statements and recently drafted map?
Answer. Since 1997, the park has identified the same restrictions
on the annual hunt maps that are provided to visitors during the hunt
season, which lasts four to five months each year. The restricted areas
shown on the map comprise about 90 percent of the island. In response
to visitor confusion and to provide clarity, the park modified the
design of the hunt map in 2006. The content of the map was not changed
except to add the recently established day-use access for Cherry
Canyon.
However, the NPS and V&V coordinate and communicate daily during
the hunt season. The coordination may result in expanding the area
where visitors can go on a certain day, but they will not know with
certainty until they are on the island.
Question 5d. My understanding is that the Park's General Management
Plan was last updated in 1985--before the Park Service acquired Santa
Rosa Island. Isn't the outdated plan a hindrance to the public's
access?
Answer. It is true that the GMP was last updated in 1985, but we do
not see this as a hindrance to the public's access. However, following
the acquisition of Santa Rosa Island in 1986, NPS prepared a Statement
for Management (SFM) for the entire park in 1991 and a Development
Concept Plan/EIS (DCP) specifically for Santa Rosa Island in 1995. The
SFM states that ``Conditions of the special use permit negotiated with
the island ranchers . . . stipulate that visitors to Santa Rosa be
guided by ranger-interpreters during their visit.'' The DCP states
``Day visitors would be accompanied on their visit by an employee.
Overnight visitors would receive an extensive briefing on where they
can venture, and what areas are closed to protect resources and to
prevent interference with ranching and hunting.'' These plans are a
reflection--not the cause--of the hindrance to public access due the
commercial hunting activity. The GMP is currently being revised and its
scope is to plan a vision for Santa Rosa Island after 2011, when the
V&V reservation of use and occupancy expires.
Question 5e. For 150 years of ranching on Santa Rosa Island, the
island dwarf fox thrived. Twelve years into the Park Service's
management of Santa Rosa Island, there were no wild fox (other than
those kept captive for breeding). The National Park Service claims that
the demise of the fox is tied to the non-native ungulates and their
avian predators that have come from the mainland. Dr. Vail's testimony
includes a reference to a golden eagle study from the University of
California Santa Cruz's Predatory Bird Research Group. This study is
reported to have golden eagle DNA samples dating back to the early
1990s and has a theory that the golden eagles arrival to the Channel
Islands is more likely tied to eradication programs on pigs, rats and
sheep. If this is true shouldn't the National Park Service fund such a
study to increase the understanding of what has brought the predators
from the mainland before beginning another eradication program on Santa
Rosa Island's elk and deer? Regardless, it seems to me that millions of
dollars spent on fox reintroduction should be supported with studies on
predators like the golden eagle. Why hasn't the National Park Service
funded such a study seemingly critical to having a better understanding
on the fox reintroduction?
Answer. Golden eagles became established and island foxes declined
during the period of ranching on Santa Rosa Island, which continued
following acquisition of the island by NPS in 1986. The NPS eliminated
the population of feral pig from Santa Rosa by March 1992. No nesting
golden eagles are known to have established prior to, during, or as a
result of the pig eradication. If pigs had been present when golden
eagles were nesting, pig remains would have been found in their nests.
Deer, elk, and foxes are the only mammals found in the golden eagle
nests on Santa Rosa. Decline was first observed in the Santa Rosa
Island fox populations in 1998.
Following is a quote from the author of the study referenced in the
question, who identifies the hunt and the presence of deer fawns as the
detrimental factor for fox conservation:
It seems clear from the prey remains analysis that the
presence of fawns of non-native ungulates is directly
responsible for the successful establishment of golden eagles
as breeders on Santa Rosa and that the annual hunt and cull are
also probably partially responsible in the same way that the
sheep eradication may have been for Cruz, by providing a good
source of food in the fall and winter prior to the breeding
season. It seems most likely that both the hunt and cull, and
the presence of fawns allowed some golden eagles to maintain a
year-round presence on Santa Rosa Island to the detriment of
the island fox there. It is likely that the continued presence
of those ungulates in addition to a recovering fox population ,
may make Santa Rosa Island a more suitable place for breeding
golden eagles than Santa Cruz now that the pigs have been
removed from that island. It is also certain that the continued
presence of golden eagles on Santa Rosa would be extremely
detrimental to the recovery of the island fox there and
possibly on neighboring San Miguel Island as well.
My more recent understanding of the timing and duration of
the pig eradication on Santa Rosa leads me to believe that it
was not a major factor in goldens becoming established on the
islands and the rat eradication is irrelevant since it didn't
occur until after the eagle population was at its zenith.
We do not believe that a study is necessary to determine how golden
eagles arrived on Santa Rosa Island in order to determine effective
means of preventing their establishment. We know that nesting golden
eagles prey on mule deer fawns, and therefore, the presence of deer
results in a constant supply of food to support resident golden eagles.
We also know that they prey on island foxes. Therefore, we are
confident that the removal of deer from the island and thus, the
removal of the primary food source, will help prevent golden eagles
from becoming established and preying on island foxes.
It should be noted that the NPS is not conducting an eradication
program on Santa Rosa Island's elk and deer. The herds are V&V's
private property and are required to be removed from the island under
the terms of the 1986 deed for purchase of the island and the 1998
Settlement Agreement.
Question 5f. One of the issues around the elk and deer on Santa
Rosa Island is the fact they were introduced about 80 years ago and as
such are non-native. Because of this, the National Park Service
supports their eradication. Does the National Park Service have plans
to eradicate the non-native goats inhabiting Olympic National Park or
non-native horses and mustangs elsewhere? In addition to the elk and
deer, Vail and Vickers introduced quail in 1930 (approximately at the
same time as the elk and deer). Does the National Park Service have a
plan to eradicate the quail? If not, why is the Park Service focused
upon the elk and deer of Santa Rosa Island? If it is a resource issue,
can't these species be managed in such a way to protect the resource
and avoid complete removal?
Answer. The decision as to whether an introduced species is a
priority for removal is based principally on the severity of negative
impacts that species has on the ecosystem and/or the competition it
represents for native species. Deer and elk cause significant negative
impacts. Quail, unlike deer and elk, are not known to have habitat-
altering impacts. However, if they are found to have significant
impacts, they, too, would be considered for removal.
Wild horses and burros have been removed in national parks,
including Grand Canyon and Death Valley National Parks, where the
intended benefits were realized, including bringing a stop to negative
impacts and allowing recovery in ecosystems that are not at all
resilient. Regarding mountain goats in Olympic National Park, the park
has begun an environmental impact analysis to explore management
options, but the process has not been completed. At present, the park
is working on higher priority issues including the Elwha River
restoration and their General Management Plan update.
The decision about removing the deer and elk from Santa Rosa Island
was made under different circumstances than the typical case of removal
of non-native species from NPS properties. In most cases, because the
non-native species are established on NPS property, they are the
responsibility of NPS. Decisions to remove them are made through our
planning processes and are subject to funds being made available for
their removal. The deer and elk on Santa Rosa Island are private
property. The decision to remove them was made as part of the agreement
to purchase the island in 1986 and was later confirmed in the
Settlement Agreement. Considerations of other NPS priorities and
available funding were not factors.
snake river wild and scenic river designation (s. 1281)
Question 6a. What is the role of the National Park Service in
managing the Snake River as a Wild and Scenic River?
Answer. The National Park Service currently manages the portions of
the Snake River that flow through Yellowstone and Grand Teton national
parks and the John D. Rockefeller, Jr. Memorial Parkway for its scenic,
recreational, and natural resource values. Designation of the river as
a component of the National Wild and Scenic River System would not
significantly alter the way that the affected segments would be managed
by the NPS.
Question 6b. Will the National Park Service incur any cost if S.
1281 became law?
Answer. We do not believe that there would be significant costs
associated with designating the river segments. Some costs associated
with signs, brochures, and other publications could occur.
designate the jim weaver trail in oregon (h.r. 247)
Question 7a. What is the role of the National Park Service in
managing the current trail and will that change as a result of H.R.
247?
Answer. The National Park Service has no role in the management of
the trail in the Willamette National Forest that is the subject of H.R.
247. It is currently under the jurisdiction of the National Forest
Service and would remain so under H.R. 247.
Question 7b. Will the National Park Service incur any expense if
H.R. 247 became law?
Answer. No.
newtonia, missouri civil war battlefield study (h.r. 376)
Question 8. Regarding H.R. 376, are you aware at this time of any
private land in the study area and could this lead to a need for land
acquisition down the road?
Answer. There is private land within the proposed study area. The
Newtonia Battlefields Protection Association owns the majority of the
land where the 1862 battle took place. However, there are approximately
200 acres of private land on the 1864 battle site that could
potentially be considered appropriate for acquisition.
______
Responses of Joel Holtrop to Questions From Senator Thomas
new river north carolina and virginia wild and scenic river
designation (s. 1057)
Question 1a. You mentioned that the area should be studied for
suitability as a Wild and Scenic River prior to designation. Who should
conduct the study, Department of Agriculture or Department of the
Interior, how long will it take to complete the study, and how much
will it cost?
Answer. Since there are no national forest system lands involved,
the Department of the Interior should conduct the study, as outlined in
section 4(a) of the Wild and Scenic Rivers Act which directs the
Secretary of the Interior ``or, where national forest lands are
involved, the Secretary of Agriculture . . . '' to study rivers
designated in Section 5(a) of the Act.
Additionally, the National Park Service has responsibility for
federal review of water resource projects on the state-administered,
federally designated segment of the New River immediately upstream from
the segment proposed in S. 1057.
Congress specifies the study period, which is generally three
years. We estimate a total cost of about $350,000 over a three-year
study period, given potentially limited resource information and the
need to work with local governments, landowners and other river users
in evaluating future management of the river.
Question 1b. How many wild and scenic rivers is the Secretary of
Agriculture responsible for administering and how is the New River
different from those?
Answer. The Secretary of Agriculture, through the Forest Service,
administers 101 of the 165 wild and scenic rivers in the National Wild
and Scenic River System. The Forest Service is also responsible for
protecting river values on many miles of the Klamath, Trinity and Eel
Wild and Scenic Rivers flowing on national forest system lands. These
three rivers were added to the National System in 1981 under Section
2(a)(ii) of the Act as state-administered, federally designated wild
and scenic rivers.
The proposed New River segment is seven miles from the nearest
National Forest and the river corridor is predominately private lands.
Except for only a few of the above 104 rivers, all are located entirely
or partially within the boundary of a National Forest and the river
corridor is predominately on national forest system lands.
snake river wild and scenic river designation (s. 1281)
Question 1a. Will the Wild and Scenic River designation cause any
changes in land use along the Snake River?
Answer. There will be little change in land use on National Forest
System lands as a result of S. 1281. Addition of a river into the
National Wild and Scenic River System affords it permanent protection
from the harmful effects of water resources projects, withdraws wild
river corridors from federal mining and mineral leasing laws, prohibits
the sale or other disposition of federal lands in the corridor, and
requires other federal agencies to take river protection into
consideration in any projects they propose within or adjacent to the
river corridor.
Generally, the upper segments of rivers on the Bridger-Teton
National Forest are within wilderness. The lower segments and other
non-wilderness rivers are managed for a variety of dispersed and
developed recreation uses, and for big game and grizzly bear habitat.
Question 1b. Will the Wild and Scenic River designation result in
any additional cost for managing the Snake River or lands along the
river?
Answer. Yes. The Wild and Scenic Rivers Act requires development of
a comprehensive management plan to protect river values, at a one-time
cost of $500,000 to $1 million. There would be an additional cost of
about $100,000 per year to manage these rivers so as to protect and
enhance their values, including protecting their free-flowing condition
under Section 7(a).
designate the jim weaver trail in oregon (h.r. 247)
Question 1a. Will H. R. 247, the naming of the Jim Weaver Trail,
lead to any changes in the way the trail and surrounding lands are
managed?
Answer. Designation of the Walton Lake Trail as the Jim Weaver Loop
Trail will not result in any change in the management of the trail or
in the surrounding lands. The shore of Waldo Lake is managed as semi-
primitive, non-motorized and designation as a National Recreation Trail
will have no effect.
Question 1b. How much do you estimate it will cost to implement
H.R. 247?
Answer. We estimate a total cost of about $2,000 to design,
fabricate and install an interpretive sign describing the career of
former Congressman Weaver as well as identification and directional
signs noting the new designation. We would add the new trail name on
forest maps during the next map revision, which would result in no
additional costs.
______
Responses of Jack Dennis to Questions From Senator Thomas
snake river wild and scenic river designation (s. 1281)
Question 1. How will the state of Wyoming benefit from Wild and
Scenic River designation for the Snake River?
Answer. Wild and Scenic designation protects what we value most
about our great State of Wyoming--her natural resources. By protecting
water quality and the free-flowing nature of the rivers, this
designation keeps our rivers clean and natural. In addition, wild and
scenic designation preserves the multiple-uses taking place on and
around our rivers. Multiple use is important to our way of life in
Wyoming. Wild and Scenic designation is also good for businesses and
our regional and State economies. Our rivers are important economic
engines in our tourism-based economy. States around the country are
effectively using wild and scenic rivers as marketing tools to attract
visitors to their States. Currently, Wyoming only has 20-miles of wild
and scenic water. Wild and Scenic designation for the rivers and
streams in the Snake Headwaters will allow our State and our businesses
to compete more effectively for destination visitors.
Question 2. Will the Wild and Scenic River designation affect any
current land use along the Snake River?
Answer. No. The Federal government has no authority to zone or
regulate private land use under the Wild and Scenic Rivers Act. As
stated by the National Park Service and U.S. Forest Service, there will
be no change in the way these rivers are being managed after the
designation is in place.
Question 3. How would you describe the condition of these rivers as
they are today--the water quality, the fisheries, and the overall
health of these rivers?
Answer. Our rivers are in great shape. Studies have shown that the
rivers and streams of the Snake Headwaters have some of the purest
water quality and healthiest fisheries of any watershed in the lower 48
States. Wild and Scenic designation will maintain that high level of
quality and ensure that we can still do all the things we like to do on
and around our rivers.
Question 4a. I am committed to creating opportunities for our
tourism economy to continue growing and flourishing. You have worked in
the tourism industry for many years in Wyoming
In your view, what are visitors today looking for? What kind of
experience do they want?
Answer. More and more, visitors to Wyoming are looking to visit,
and some for the first time, some of the wildest, most natural places
on earth. We are fortunate to have many such places in Wyoming, from
Yellowstone and Grand Teton National Parks, to our wonderful National
Forests, and our sparkling rivers. Folks want to see wildlife,
mountains, and crystal-clear streams. Some are looking for adventure in
the backcountry, some for serenity by a mountain lake, some for nights
camping under the stars. Wyoming has all of these things.
Question 4b. What do you believe brings folks to Wyoming and more
importantly, what inspires people to return?
Answer. Wyoming has been called the ``last of the Old West,'' and
in many ways that's true. People visit Wyoming for many reasons, but
studies have shown that by far, it is Wyoming's wildlife, wild places,
and natural beauty that people come for the most. And it's those things
that keep them coming back.
______
Responses of Tom Ikeda to Questions From Senator Thomas
minidoka national monument boundary adjustment (s. 916/h.r. 161)
Question 1. Under Section 202 of S. 916, the Secretary is
responsible for transferring land and improvements to the Reservoir,
the city of Gooding, and the Idaho Department of Fish and Game. What is
the total amount of land being transferred? Why is this transfer
necessary?
Answer.
(a) Section 202 authorizes the Bureau of Reclamation to
transfer a total of 449 acres to the American Falls Reservoir
District No. 2 and federal, state and local agencies. The
authorized land transfers include 394 acres to the American
Falls Reservoir District No. 2, 40 acres to the Idaho
Department of Fish and Game, 10 acres to the National Park
Service for inclusion in the Monument, and 5 acres to the City
of Gooding. In addition, Section 202 authorizes the Reservoir
District to purchase an additional 380 acres of land at fair
market value.
(b) The transfer to the Reservoir District would promote the
Bureau's policy of transferring title of irrigation projects to
districts that have fulfilled their commitments to the federal
government, thereby reducing the Bureau's administrative and
management costs. By transferring the land to the three
agencies for public purposes, the legislation would rationalize
management of these lands, reduce the Bureau's administrative
costs and further the agencies' missions.
(1) American Falls Reservoir District Transfer.--In
the 1990s, through its ``Framework for the Transfer of
Title,'' the Bureau adopted a policy to promote title
transfers of irrigation facilities in a comprehensive
manner, in cases where the irrigation district has
satisfied all repayment requirements to the federal
government. The goal of this policy was to ensure the
efficient management of irrigation facilities, through
Congressionally-authorized title transfers. Because the
American Falls Reservoir District No. 2 has fulfilled
its repayment obligation under its contract, the Bureau
supports the proposed title transfer as an efficiency
measure.
(2) Idaho Department of Fish and Game (IDFG)--Dog
Creek Reservoir.--In 1957, the Bureau issued a
perpetual easement to IDFG to construct, operate and
maintain a dam and reservoir, spillway, access roads
and parking area on five of the 40 acres at the Dog
Creek Reservoir. In 1987, the Bureau entered into a 25
year contract with IDFG to manage and administer fish
and wildlife habitat on the 40 acre parcel. While these
federal lands were originally withdrawn for the
Minidoka Project, the Bureau has no Project requirement
for these lands. The transfer of these lands to a state
agency to further public purposes would reduce the
Bureau's administrative expenses and promote management
of the reservoir, ensure continued public access to the
reservoir and the conservation of fish and wildlife
habitat.
(3) National Park Service--Minidoka Internment
National Monument.--The Bureau currently manages
approximately ten acres of land in two parcels at the
Monument. One of the parcels is an approximately two
acre inholding within the Monument that features
historic structures along with two ditchrider houses
and a work shop. Through its general management
planning (GMP) process and approved GMP, the NPS
identified this tract as an important resource to tell
the story of the internment to Monument visitors and to
provide administrative facilities to support NPS
management activities at the site. (The NPS currently
lacks facilities on its land.) The other parcel
consists of approximately eight acres that would be the
site for a proposed Issei memorial and would provide
the NPS with overflow parking facilities to accommodate
visitors to the Monument. The Bureau has no requirement
for these lands to support irrigation project
activities in the area.
(4) City of Gooding--Airport Beacon Land.--In 1982,
the City of Gooding received a thirty-year right of way
from the BLM on a five acre tract of land originally
withdrawn for the Minidoka Project to construct an
airport beacon as a navigation aid. The Bureau has no
requirement for use of the parcel and the proposed
transfer to the City will provide for the continued use
of the parcel for the airport beacon.
Question 2. Do you foresee a need for any future boundary
adjustments at the Minidoka site in addition to the adjustment
authorized by S. 916 or H.R. 161?
Answer. Yes. As recommended in the final general management plan
for the Monument, the NPS seeks a boundary adjustment to include the
128 acre ``Farm-in-a-Day'' tract within the Monument, along with a
transfer of an 80 acre dump site from the BLM to the NPS. Neither S.
916 or H.R. 161 include these proposed boundary expansions.
Accordingly, Densho supports an amendment to include these properties
within the Monument's authorized boundary. Densho understands that the
NPS has provided draft legislation to Congress that includes an
approximately eight acre disclaimer of interest on the approach into
the Monument.
______
Responses of George Santucci to Questions From Senator Thomas
new river north carolina and virginia wild and scenic river
designation (s. 1057)
Question 1. S. 1057 would designate portions of the New River as
Wild and Scenic. How much private land is there adjacent to the
segments of the New River being proposed for Wild and Scenic River
designation?
Answer. Approximately 7,550 acres of private land are adjacent to
the segments of the New River being proposed for Wild and Scenic
designation.
Question 2. Will the wild and scenic river designation impose any
restrictions on the use of private land along the New River?
Answer. To my knowledge this designation will not impose any
restrictions on the use of private land. The following is quoted from
the Wild and Scenic River's Website: ``But designation as a wild and
scenic river does not `lock it up.' The idea behind the National System
is not to halt use of a river; instead, the goal is to preserve the
character of a river. Uses compatible with the management goals of a
particular river are allowed; change is expected to happen. However,
development must ensure the river's free flow and protect its
``outstandingly remarkable resources.'' The intent of Congress was to
create a national system of protected rivers that co-existed with use
and appropriate development. The term ``living landscape'' has been
frequently applied to wild and scenic rivers. Of course, each river
designation is different, and each management plan is unique. But the
bottom line is that the National Wild and Scenic Rivers System is not
something to be feared by landowners and in fact is frequently sought
after to preserve quality of life and property values.''
Question 3. Have you received any opposition to designating the New
River as a wild and scenic river?
Answer. The only opposition I have received is concern regarding
this designation's affect on a proposed joint Water Authority between
Sparta, NC and Independence, VA. To my knowledge this designation will
not have any impact on this venture. We certainly don't want to limit a
community's drinking water. In fact, the methods proposed by this joint
water authority sound very environmentally friendly.
Question 4. How will the states of Virginia and North Carolina
benefit from Wild and Scenic River designation for this portion of the
New River?
Answer. The New River is the major tourist attraction in this area.
Ashe County, NC receives almost $40 million in tourism revenue and
Carroll County, VA receives over $50 million. Both of these counties
credit the New River for much of these dollars. These counties are
immediately up and down stream of the proposed designation. Grayson
County, VA and Alleghany County, NC are not benefiting form these
dollars. This designation would raise awareness of the New River as a
tourist destination in these counties. This designation would also
promote future protection efforts for this section of the River, which
will soon be a water supply source for two towns.
______
Responses of Timothy B. Vail to Questions From Senator Thomas
santa rosa island deer and elk removal (s. 1209)
Question 1. How many deer and elk are removed from Santa Rosa
Island each year by hunting and how much does the hunting operation
collect in gross receipts each year?
Answer. Thank you for the opportunity to address a common
misconception about our desire to extend the hunting program. As you
know, from my testimony, we are not asking to extend the commercial
hunting beyond 2011. In addition, most reasonable people do not
interpret Section 1077(c) of Public Law 109-364 (120 Stat. 2406) to
provide such extension.
Specifically to your question, deer and elk are removed each year
to keep the herd numbers in compliance with the Settlement Agreement of
1997. When the agreement was signed, it allowed 425 deer and 740 elk. A
dispute over how we should proceed in light of P.L. 109-364 exists and
we hope to work with the Committee to clarify and make certain an
ecologically appropriate number of elk and deer remain on the island as
we proceed. Over the past four years, we have removed an average of 120
deer and 110 elk per year in Order to hold our herd numbers at the
prescribed levels.
While some without knowledge have characterized our commercial
hunting operation as ``lucrative,'' it is important to remember that
the substantial costs associated with our deer and elk operation on a
remote island make this operation far from lucrative. I would like to
clarify for the Subcommittee that Vail & Vickers partners with Multiple
Use Managers in this operation as has been our arrangement since our
commercial deer and elk program began in 1979.
Vail & Vickers portion of the gross receipts has often been less
than $500,000, and while that sum may seem ``lucrative'' it is
important to remember it represents gross revenues; there are
substantial costs associated with our hunting program making the net
income far from lucrative. This operation is much more about good
wildlife management than profit. We provide a premier wildlife
experience to both older and younger generations. We also provide a
charitable meat donation program that ships meat to homeless shelters
in the southern California area as part of our management program.
Question 2. If you attempted to relocate the elk to another area,
how sensitive are they to handling and what mortality rate would you
expect?
Answer. We have had experience relocating cow elk in 1995 and 1996,
when there was a market for cow elk of breeding age. Over a two-year
period, we removed approximately 450 cow elk with a 15-20% death loss.
The animals were captured only along the northern plains on the island
where the helicopter and crews could work safely. This technique would
not work in the more mountainous central and southern regions of the
island. The majority of the mortality and injury occurred during the
capture and transport of the animals back to the ranch headquarters.
The operation was quite comprehensive however, in that it required
helicopter capture with net guns, pilots and jumper crews;
domestication and quarantine of the elk inside 12-foot high solid wall
enclosures with specially designed darkened chutes and squeeze-chutes
(which no longer exist, as the cattle operation was shut down) for 3-4
weeks duration on Santa Rosa Island; extensive treatment, disease
testing and vaccination to meet other state's import requirements; and
transportation by modified cattle boat (which no longer exists) to
offload at a mainland facility (that also no longer exists) and into
modified cattle trucks for transport to their destination. If such an
operation could be mounted again in the absence of a market to do so, I
would expect similar death losses in elk under ideal conditions. We
have no experience in helicopter capture and transport of deer;
however, I believe death losses in deer are well documented to be much
greater than with elk.
Question 3. What methods, other than shooting the animals, are
available for completely removing deer and elk from Santa Rosa Island?
Answer. I see no other practical method to eliminate all the deer
and elk from Santa Rosa Island. Live capture and transport could only
reasonably account for a small percentage of animals, and would be
exorbitantly costly. Trapping these large herbivores is not feasible
except possibly by leghold, which would be impractically slow and
inhumane. Nearly all other hoof-stock eradications undertaken by the
National Park Service and The Nature Conservancy on the Channel Islands
have been accomplished solely through shooting, which is certainly
imperfect even with professional hunters. It is not an outcome we would
like to see for our wildlife herds that have adapted to this range and
chaparral habitat for well over 80 years. It is not our desire, was not
our family's desire, nor is it an appropriate action in light of
today's sensibilities to simply eradicate two healthy herds of North
American big game species in order to satisfy an arbitrary National
Park Service mandate that has already been shown to be obsolete in
other National Parks. Our family never wanted them to be removed from
Santa Rosa, but rather to be managed for the magnificent natural
resource that they are.
Question 4. How much do you estimate it will cost to completely
remove the deer and elk from Santa Rosa Island?
Answer. Senator, I apologize but I cannot begin to develop a cost
estimate within the time frame allowed me for this testimony concerning
S. 1209. In fact, I'm not sure that even with detailed analysis could
we come up with anything more than a wild guess because I can't think
where such a difficult and wasteful plan has been tried before.
I would think that the costs might best be approximated by
consulting with the National Park Service as to the costs they incurred
in their previous eradication efforts of sheep and pigs on Santa Cruz
Island, and of pigs on Santa Rosa Island. (The pig eradication on Santa
Cruz cost millions of dollars.) Should eradication be mandated, the
costs would become extraordinary and beyond our means almost
immediately.
The most cost-effective eradication strategy would likely be to
shoot the animals from helicopter and leave the carcasses lay. We would
be talking about the slaughter of a large number of animals per year
when reproduction is taken into account. It would be grisly and might
well have far-reaching unanticipated biological consequences.
Conversely, the management of these herds at ecologically sound numbers
has been proven to work over many years and, much like the popular
white mountain goats in Olympic National Park, provides Channel Island
National Park with a magnificent wildlife resource.
Thank you for both the opportunity to testify on behalf of Vail &
Vickers and to add to this hearing's record.
______
La Quinta, CA, May 23, 2007.
Hon. Daniel K. Akaka,
Chairman, Subcommittee on National Parks, Committee on Energy and
Natural Resources, U.S. Senate, Washington, DC.
Dear Sir, I gave testimony on Senate Bill 1209 on May 15, 2007. It
has come to my attention I failed to include Congressman Duncan
Hunter's discussion in the Congressional Record concerning his intent
with regards to Santa Rosa Island in Section 1077(c), Public Law 109-
364 in my testimony. I hope you will include that text as part of my
testimony at this time.* Thank you very much for your consideration.
---------------------------------------------------------------------------
* The document has been retained in subcommittee files.
---------------------------------------------------------------------------
Sincerely,
Timothy B. Vail, D.V.M.,
Vail & Vickers Co.
Appendix II
Additional Material Submitted for the Record
----------
Department of the Interior,
National Park Service
Washington, DC, April 11, 2007.
Hon. Lois Capps,
U.S. House of Representatives, Washington, DC.
Dear Congresswoman Capps: During the FY 2008 National Park Service
budget oversight hearing before the Subcommittee on National Parks,
Forests, and Public Lands on March 1, 2007, you asked the Park Service
to provide the Department of the Interior's interpretation of section
1077(c) of Public Law No. 109-364. Enclosed please find a copy of the
information provided to me by the Department.
Thank you for this opportunity to clarify the Department's
position. If I can be of further assistance, please let me know. I look
forward to working with you on issues which come before the Natural
Resources Committee.
Sincerely,
Mary A. Bomar,
Director.
[Enclosures.]
Issue: Channel Islands National Park Interpretation of Section 1077(c)
of P.L. 109-364
Date: March 30, 2007
As finally adopted the relevant portion of the act reads as
follows:
RECREATIONAL ACTIVITIES ON SANTA ROSA ISLANDS.--The Secretary
of the Interior shall immediately cease the plan, approved in
the settlement agreement for case number 96-7412 WJR and case
number 97-4098 WJR, to exterminate the deer and elk on Santa
Rosa Island, Channel Islands, California, by helicopter and
shall not exterminate or nearly exterminate the deer and elk.
The conference report that accompanies the legislation states that
the provision would:
. . . require the Secretary of the Interior to cease the
plan to exterminate deer and elk on Santa Rosa Island
California by helicopter, and prohibit the Secretary of the
Interior from exterminating or nearly exterminating the deer
and elk on the island H.R. Conf. Rep. No. 109-702, at 820
(2006).
At the time this provision was approved by the House of
Representatives last May, the Department expressed its views in the
enclosed letter sent to the chairmen and ranking members of the House
and Senate Armed Services Committees.
In light of recent inquiries, the Department has reexamined the
language as it appears in the final Public Law. The Department
understands the expressed intent of Congress in adopting the language
in the Act and the accompanying report language is to preclude the
Department from participating in any plan approved in the settlement
agreement to the extent that any such plan is designed to exterminate
\1\ the island's deer and elk by helicopter. It further prohibits the
Department from otherwise ``exterminating or nearly exterminating the
deer and elk on the island.'' The provision therefore also prohibits
the Department from destroying all or nearly all of the deer and elk on
the island by other means.
---------------------------------------------------------------------------
\1\ According to The American Heritage Dictionary (Second College
Edition, 1982), ``exterminate'' means ``to get rid of by destroying
completely.''
---------------------------------------------------------------------------
While the Department understands the prohibition, no plan to
exterminate the deer and elk on the island has been presented to the
Department or been internally generated. The settlement agreement,
however, does address the removal of deer and elk. It also makes
reference to the potential use of helicopters in removing the ungulate
population, so it is important to assess the underlying agreement
approved by the court, to more fully understand the relation between
the legislative language and the situation on the island.
The court-ordered settlement agreement states that the elk and deer
on Santa Rosa Island are not public property, but are instead private
personal property. The agreement states that Alexander Lennox Vail,
Nathan Russell Vail, Margaret Vail Woolley, and the Vickers Company,
Ltd. (collectively ``V&V'') are responsible for removing their personal
property (``including ungulates'') from the island by the termination
of a final special use permit or by December 31, 2011, whichever is
sooner. The relevant provision of the settlement agreement reads:
In the last year that V&V will have elk or deer on [the
island], V&V will remove the remaining deer and elk to the
greatest extent feasible. Provided that V&V meets all deer and
elk reduction requirements in every year prior to 2011, and
provided that the remaining deer and elk in 2011 become
extraordinarily difficult to remove despite the diligent
efforts of removal by V&V, [the National Park Service] will
equally share the ``unusual costs'' of the removal of those
deer and elk. ``Unusual costs'' is defined as the cost a
trained professionals and helicopters.
Under the settlement agreement, the obligation to remove the elk
and deer from the island is the responsibility of the private parties,
V&V. The role of the Department is limited and does not arise until the
final year that the private parties have elk or deer on the island. At
that time, the role is a potential cost-sharing arrangement targeted at
the removal of the animals rather than their ``extermination'' per se.
Consequently, the principal effect of Section 1077(c) appears to
be, to prohibit the Department from sharing in the costs of any plan to
remove the ungulates if such a plan uses helicopters to exterminate the
elk and deer. The language of the act also prohibits the Department
from using other methods to destroy the deer and elk. In any ease, the
ongoing obligation of V&V under the court-approved agreement, to remove
the deer and elk from the island at the end of the term, is not
affected by section 1077(c).
______
Department of the Interior,
Fish and Wildlife and Parks
Washington, DC, May 17, 2006.
Hon. Duncan Hunter,
Chairman, Armed Services Committee, U.S. House of Representatives,
Washington, DC.
Dear Mr. Chairman: The Department of the Interior would like the
opportunity to provide its views on section 1036(c) of H.R. 5122, the
National Defense Authorization Act for Fiscal Year 2007, as approved by
the House of Representatives.
We recommend deletion of section 1036(c) in order to ensure that
the National Park Service is able to continue its progress toward the
recovery of native species and providing year-round access for other
recreational activities on Santa Rosa Island.
Section 1036(c) states that ``[t]he Secretary of the Interior shall
immediately cease the plan, approved in the settlement agreement for
case number 96-7412 WJR and case number 97-4098 WJR, to exterminate the
deer and elk on Santa Rosa Island, Channel Islands, California, by
helicopter and shall not exterminate or nearly exterminate the deer and
elk.''
We believe section 1036(c) is intended to overturn this settlement
agreement that prescribes a phase-out of the privately-owned deer and
elk from Santa Rosa Island, culminating in their complete removal by
the owners by December 31, 2011. The National Park Service is party to
that settlement agreement and stands by its terms. Fulfillment of the
agreement is necessary to accomplish the purposes for which the
National Park Service acquired Santa Rosa Island.
The National Park Service purchased Santa Rosa Island for $30
million in taxpayer funds in 1986 after Congress included the 54,000-
acre island as part of Channel Islands National Park in 1980. The
purpose of this acquisition was to restore the native ecology of the
island and open it to the public for hiking, camping, sightseeing, and
other recreational activities. Although hunting is usually not allowed
in National Parks, a private hunting operation for deer and elk was
permitted to continue under a special use permit at the request of the
owner, who had retained a 25-year reservation of use and occupancy
(through 2011) in 7.6 acres on the island. Subsequently, the settlement
agreement provided for the phased elimination of the deer and elk
population.
Elimination of the non-native deer and elk is needed to allow
native plant and-animal species, including some that are endangered and
threatened, to flourish on the island.
Also, more visitors will be able to enjoy the island after the
closure of the deer and elk hunting operations that currently close
about 90 percent of the island to National Park Service visitors
engaged in other recreational activities for 4 to 5 months every year.
Section 1036(e) also raises several other issues. It gives
direction to the Secretary of the Interior with respect to the
settlement agreement, yet the Secretary is not responsible for removing
the deer and elk from the island--the former owner of the island, who
retains Ownership of the deer and elk, is responsible for their
removal. Furthermore, 1036(c) suggests that the National Park Service
has an approved plan to exterminate the deer and elk by helicopter, yet
no such plan exists. In fact, as already noted, the deer and elk are
the property of the former owner of the island and, under the terms of
the settlement agreement, must be removed by them. Only if the deer and
elk become extraordinarily difficult to remove would the National Park
Service share the cost of removing the animals, which could include the
use of helicopters.
Again, thank you for the opportunity to provide these comments. The
Office of Management and Budget has advised that it has no objection to
this letter from the standpoint of the Administration's program.
Identical letters are being sent to the Honorable Ike Skelton, the
Honorable John W. Warner, and the Honorable Carl Levin.
Sincerely,
Acting Assistant Secretary.
______
Statement of Thomas C. Kiernan, President, National Parks
Conservation Association
Since 1919, the nonpartisan National Parks Conservation Association
(NPCA) has been the leading voice of the American people in protecting
and enhancing our National Park System for present and future
generations. On behalf of our 335,000 members nationwide who visit and
care deeply about our national parks, we express our strong support for
S. 1209, the Channel Islands National Park Management Act of 2007.
S. 1209 seeks to clarify the use and management of Santa Rosa
Island, part of Channel Islands National Park. NPCA strongly supports
the efforts of Senators Feinstein and Boxer to protect and welcome
visitors to Channel Islands National Park with this important
legislation.
According to its enabling legislation, the purpose of Channel
Islands National Park is ``to protect and interpret the internationally
significant natural, scenic, wildlife, marine, ecological, historical,
archeological, cultural, and scientific values of the Channel
Islands.'' In 1986, the National Park Service purchased Santa Rosa
Island for $29.5 million to restore its native ecology and provide for
public access to the island. Santa Rosa Island is to be enjoyed by all
Americans.
In October 1996, subsequent to Clean Water Act violations and
proposed endangered species listing, NPCA filed a lawsuit alleging that
the Park Service was violating the Clean Water Act and Endangered
Species Act by allowing Vail & Vickers to continue to allow cattle,
deer, and elk to graze on the island. In the fall of 1997, NPCA, along
with the Park Service, U.S Fish and Wildlife Service, and Vail &
Vickers, agreed upon a mediated settlement approved by the court. Under
the terms of the settlement agreement, all non-native deer and elk are
to be removed from the Santa Rosa Island over a four-year period
beginning in 2008 and completed by 2011.
Unfortunately, late last year a provision was slipped into the
fiscal year 2007 Defense Authorization bill by Representative Duncan
Hunter during conference negotiations seeking to overturn the court-
ordered settlement agreement. This rider ostensibly allowed for the
continued hunting on the island, despite opposition from the National
Park Service, Senators Feinstein, Boxer, and Representative Capps. The
provision runs in direct conflict with efforts to restore the island's
natural and cultural resources, and provide for year-round public
access to the island.
S. 1209 seeks to remedy this situation by first repealing Rep.
Hunter's egregious provision, and to provide for the continued
management of Channel Islands National Park in accordance with
applicable laws of the National Park System. It does not seem
unreasonable that Santa Rosa Island, part of Channel Islands National
Park, be managed in accordance with the National Park Service Organic
Act and other applicable Park System laws.
NPCA entered into the settlement agreement in good faith with the
National Park Service and Vail & Vickers to phase out the non-native
deer and elk on the island by 2011. Unfortunately Rep. Hunter's
provision runs counter to this good faith effort, seeking to overturn
this agreement. NPCA supports the efforts of Senators Feinstein and
Boxer, as well as Representative Capps, in introducing legislation to
repeal this harmful law.
The American people paid nearly $30 million for Santa Rosa Island
to be protected and enjoyed by all as part of the National Park System.
They did not pay for it to be a private, exclusive hunting club. This
lucrative private hunting operation greatly limits access to a large
part of the island for months at a time. It is also unclear as to under
what authority the Vail & Vickers commercial hunting operation is
currently operating. NPCA supports the long-standing principle that
national parks are not appropriate hunting venues, and that hunting is
inconsistent with the purposes of the vast majority of national parks,
including Channel Islands National Park.
The settlement agreement is something all parties agreed to. S.
1209 allows us to return to the terms of this agreement. We urge the
committee to support this important legislation for the protection and
public enjoyment of one of America's national treasures--Channel
Islands National Park.
______
Statement of Nathan M. Frohling, Lower Connecticut River Program
Director, Connecticut Chapter, The Nature Conservancy
Mr. Chairman and members of the Subcommittee, I appreciate this
opportunity to present The Nature Conservancy's testimony in strong
support of S. 553, legislation to designate certain segments of the
Eightmile River in the State of Connecticut as components of the
National Wild and Scenic Rivers System.
The Nature Conservancy is an international, non-profit organization
dedicated to the conservation of biological diversity. Our mission is
to preserve the plants, animals and natural communities that represent
the diversity of life on Earth by protecting the lands and waters they
need to survive. The Conservancy has approximately 1,000,000 individual
members and programs in all 50 states and in over 30 foreign countries.
To date, we have protected more than 15 million acres in the 50 states
and over 117 million acres globally.
As Lower Connecticut River Program Director, I lead The Nature
Conservancy's efforts to conserve the Eightmile River Watershed. The
Eightmile's 62-square mile watershed is part of the larger and
internationally significant ecosystem of the Lower Connecticut River
region. Both the Eightmile and Lower Connecticut are top priorities for
The Nature Conservancy. In the late 1990's, The Nature Conservancy and
University of Connecticut let a joint effort called the ``Eightmile
River Project'' to study and map the watershed and explore community-
based strategies for protecting it. A primary outcome of this project
was community interest in pursuing Congressional Wild and Scenic River
designation for the Eightmile. I testified before Congress on behalf of
this effort in 2001 and have participated actively over the last 5\1/2\
years as a member of the Eightmile River Wild and Scenic Study
Committee, serving as Chairman of the Management Subcommittee, as a
member of the Executive Committee and as Vice Chair of the full
Committee.
the eightmile river is a national treasure
The Eightmile River is a national treasure because it is one of the
last and best examples of an intact, near-coastal river system on the
East Coast of the United States, particularly along the Northeast
coast. It is uncommon to find an aquatic ecosystem which is highly
intact throughout its range, particularly at the scale of the Eightmile
River Watershed, and particularly in the highly populated and developed
coastal region from Washington D.C. to Boston. From rare species and
natural communities to a high quality wetland and watercourse system to
extensive, intact forest habitat, the Eightmile is such an example; it
is a rare gem of nature.
The Eightmile is also exemplary in providing a high quality of life
for its residents and visitors. It is a rural landscape with great
scenic beauty and offers an abundance of recreational opportunities. It
offers excellent fishing and boating including power and sail in the
river's one-mile long Hamburg Cove section. Hiking, sightseeing,
hunting, and nature observation are among the popular activities in the
Eightmile at State and Town Forests, Devil's Hopyard State Park, and
many publicly available nature preserves owned by The Nature
Conservancy and local land trusts.
The Eightmile name is based on the distance between its mouth at
the Connecticut River and Long Island Sound. The river system is
dominated by the 10 mile East Branch, the 10 mile West Branch, and the
5 mile main stem. There are major tributaries such as Beaver, Harris,
and Falls Brook. The towns of East Haddam, Salem and Lyme make up the
Eightmile Watershed.
threats to the eightmile river watershed
The greatest threat to the special attributes of the Eightmile
River and its watershed is incremental, unplanned growth. Between 1985
and 2002, the Eightmile towns of East Haddam and Lyme each experienced
an 11% increase in developed acreage and in Salem, a 23% increase.
Unmanaged development typically results in landscape and habitat
fragmentation, the loss of water quality, the loss of important species
and natural communities, the intrusion of undesirable nuisance species,
the loss of the cultural landscape--in short, loss of the Watershed's
outstanding resource values. Change and growth is inevitable; the
challenge for the Eightmile is whether this growth will be managed to
protect and sustain its outstanding resources. There are other
potential threats such as the excessive diversion of water or poorly
managed resource extraction.
community desire: ``protect what we have''
During the Eightmile River Project conducted in the mid to late
1990's and the Eightmile River Study conducted since 2001, and in the
course of numerous meetings and presentations, there has been a clear
message from the communities of Salem, East Haddam and Lyme: ``We
cherish what we have, we don't want to lose it, we don't want it to
change for the worse as so many other places have in Connecticut; the
Eightmile River and its landscape are what characterizes and gives
meaning to where we live.'' There has been recognition that without a
pro-active effort to protect what is special, the special qualities of
the area would be lost or seriously degraded, whether unintentionally,
incrementally, or directly. The question early on was, ``How can we
realize a collective vision to save this region, especially when we are
set up to work as independent and often competitive towns?"
wild & scenic river designation the chosen strategy
Congressional Wild and Scenic River designation was
enthusiastically chosen as the best strategy for protecting the
Eightmile River, its Watershed and realizing the community goals
mentioned above. Highlights of why the Wild and Scenic River
designation strategy was chosen include:
The Wild and Scenic River process provides the structure,
expertise, funding and facilitation needed for the communities
to come together and collectively identify the issues and goals
they have for the resource, and to set forth the means for
meeting those goals. By adding the ``higher purpose'' and honor
of national recognition and focusing citizens around a common
and clear goal, the Wild and Scenic process could (and did)
serve as a catalyst for local, community-based action and self-
determination.
A Wild and Scenic River designation, if achieved, would
offer important protections not otherwise available locally or
through the State of Connecticut. Federally funded or permitted
water resource related projects that would have a direct and
adverse impact on the river would not be allowed under
designation. There are several threats to the Eightmile where
this may be important including, for example, adverse water
diversions.
The Study would (and did) provide a greater level of
scientific information than could otherwise be achieved, which
will be useful for future decision-making.
A Wild and Scenic River study represents the potential to
bring in needed funds to support the community-based protection
process that has been identified.
The Wild and Scenic River designation process would be built
on local control. The ability to maintain local control over
land use decisions is key.
Designation would facilitate long term coordination and
consensus building among the towns and further heighten public
awareness and citizen commitment to long term protection.
watershed approach
It was decided early on to pursue a watershed-based Wild and Scenic
designation rather than focusing on discrete segments of the river.
This approach was motivated by the exemplary quality of the watershed
itself. It also allowed consideration of the important and intricate
connection between the upland areas of the watershed and Eightmile
streams and wetlands. Additionally, this approach would be the most
realistic vehicle for communities to sustain the quality of the
landscape of the Eightmile region as a whole. The Eightmile experience
might also serve as a model to other communities interested in working
together on a regional basis to address issues such as sprawl.
outstandingly remarkable values
Six ``Outstandingly Remarkable Values'' were established for the
Eightmile River system during the Eightmile Wild and Scenic River
Study. Numerous scientific and technical studies were conducted in
support of establishing these values. They form the basis for the
Eightmile River's Eligibility for Wild and Scenic River designation and
include:
Watershed Hydrology.--The Eightmile River Watershed hydrologic
regime operates without major impediments or influences--and as such is
a naturally functioning system. More specifically, there are no surface
water diversions, no dams which regulate flow, there are no direct
point source discharges from industry or wastewater treatment plants
and the level of impervious land cover is low at only 3% watershed-
wide. There are high levels of forest cover coupled with low levels of
development.
Water Quality.--Water quality and aquatic habitat in the Eightmile
River Watershed is not only locally exemplary, but as good as the best
rivers studied in the state. In addition, the two primary threats to
water quality, point source and non-point source pollution, are almost
nonexistent. All waterbodies in the watershed evaluated by the state
fully meet their water quality use goals, and none are considered
impaired; 92% of the watershed's streams and 99% of the ground water
meet the state's highest water quality classification criteria.
Chemical and biological indicators reveal that water quality and
aquatic habitat are exemplary. Riparian corridors are highly intact and
continuous and 80% of the watershed is forested and less than 7%
developed.
Unique Species and Natural Communities.--The combined rarity,
abundance and diversity of species and natural communities in the
Eightmile River Watershed is unique and exemplary within Connecticut
and throughout New England. The Eightmile River Watershed ranks in the
top 5% of New England's watersheds for having one of the highest
concentrations of rare species. A total of 155 ``at-risk'' plant and
animal species occur in the watershed, including 32 vascular plants, 6
amphibians, 81 birds, 8 fish, 12 invertebrates, 7 reptiles and 9
mammals. There are 5 globally rare species and 54 occurrences of state-
listed rare plants, 11 of which are also rare for New England. There
are over 100 occurrences of ``significant'' natural communities in the
watershed and 18 natural communities were found to have exemplary
biodiversity. Extensive, native beds of submerged aquatic vegetation,
the healthy presence of native fresh water mussels and other small
aquatic organisms such as mayflies, damselflies, dragonflies, beetles,
snails, etc. are further indicators of overall ecosystem integrity.
Geology.--In the Eightmile, a combination of an exceptional bedrock
assemblage, an atypical local topography and exemplary evidence of
glacial action creates a distinct local representation of the geology
of Connecticut.
The Watershed Ecosystem.--This is the ``holy grail'' of the
outstandingly remarkable values in that the entire Eightmile River
Watershed ecosystem remains highly intact and as mentioned above, this
is a rare characteristic. The high quality of the system is also a
reflection of the quality and summation of its interacting sub-
ecological features. Some of the features noted include: 1) 72% of the
watershed consists of large, connected roadless blocks of habitat
(>1,000 acres), 2) nutrient and energy cycles critical for plants,
animals and water quality are intact, 3) over 80% of the watershed is
forested, 4) the high density of rare species, 5) minimal impacts from
invasive species, 6) outstanding interior nesting bird habitat
associated with the large, intact forest, 7) the natural hydrological
system and flow regime that supports riparian communities dependent on
periodic flooding and natural scour processes, 8) high water quality,
etc.
The Cultural Landscape.--This outstanding resource value is a
reflection of the bucolic, rural landscape and special places created
by human interaction with the environment. In the Eightmile this
includes a landscape dominated by scenic views and vistas, historic
features such as old colonial homes and churches, stone walls,
cemeteries and the lack of modern development and transportation
patterns. Lands adjacent to the Eightmile River also have a high
potential for intact archaeological resources.
what has been achieved
Outreach and Community Process
During the Wild and Scenic Study, a major outreach effort was
implemented to assess social needs, facilitate citizen input, clarify
community goals regarding the Eightmile River Watershed and to inform
the public about the Wild and Scenic process. Examples include:
Community Meetings.--Numerous meetings held in each of the
three towns covering the full range of topics from the
background and history of the project to discussion of the
Outstanding Resource Values to the watershed management
framework. Particular attention was paid to feedback on the
types of management tools citizens would support.
Land Use Commissioners Summit.--Attended by over 40 local
land use decision-makers, this was a 4-hour facilitated work
session which provided critical input into the formation of the
management plan.
Community Open House.--This event was widely publicized and
drew nearly 150 people; soliciting feedback from the public was
a primary objective.
Newsletters.--Six ``update'' newsletters were sent to
riverfront landowners and the Eightmile subscriber list.
Mailings to all Town Residents.--Invitations to the
community forums and community open house, a special newsletter
leading up to town votes and vote notices were sent to all
residents of all the towns.
Letter to 200 Riverfront landowners.--This letter included a
brochure on the Eightmile Wild and Scenic River Study and
solicited their feedback and input into the Study process.
Fairs and Events.--Local fairs and events were staffed by
Wild and Scenic representatives; a kick-off event for the Study
was held at Devil's Hopyard State Park and attended by
dignitaries such as Senator Dodd and Congressman Rob Simmons.
Brochures and pamphlets.--These were distributed to
libraries, stores and other locations.
Press Releases and signage.--These were used to inform the
public of Study progress, opportunities for input and votes
regarding designation and the management plan.
Recognition that Existing Protection is Strong
Careful analysis conducted as part of the Wild and Scenic Study
revealed that existing protection is strong. Quoting from page 22 of
the Study Committee Report, ``Currently there are strong protections in
place for the Eightmile River Watershed. These protections include:
local, state and federal statutes and regulations that directly protect
the waterways and adjacent lands, large amounts of conserved land and
open space, many non-profit and governmental supporting organizations,
landscape features that do not promote development, and a strong desire
by local citizens to preserve the resource values of the watershed.
Together with a locally administered watershed management plan, these
existing protections are found to meet the suitability criteria for
designated segments recommended for Wild and Scenic River
designation.'' The towns, local land trusts, The Nature Conservancy and
State have permanently protected over 31% of the watershed (over 12,500
acres) and 25% of all river frontage within 100 feet of the 160 miles
of river and stream within the watershed. Approximately 3,000 acres
were protected during the period of the Study (2001 to 2006).
Eightmile River Watershed Management Plan
A comprehensive watershed management plan was prepared and endorsed
during the Study. It is the blueprint for enabling the 3 towns to
collectively realize their vision for protecting the outstanding
qualities of the Eightmile River Watershed. The content of the
management plan reflects the many hours of research, analysis, planning
and most of all, discussions with and input from citizens and town
boards and commissions. It is the culmination of the Study at the local
level. The Plan also helps fulfill the suitability criteria for
designation by providing a management framework that brings key river
interests together to work toward the ongoing protection of the river
and watershed. An advisory Coordinating Committee has been set up to
assist in implementing the management plan including facilitation of
communication and consensus building. Key management issues addressed
by the plan include riparian corridor protection, open space
conservation of key habitats, limiting adverse impervious land cover,
municipal stormwater management and best management practices for
stormwater system and stream crossing design.
The plan is a set of near and long term recommendations--it does
not create any new authorities and its implementation is done locally
and at the discretion of the local communities. The power behind the
plan stems from the investment made by each town in creating it and
ultimately by its formal endorsement by town boards and citizens. All
three towns have begun to voluntarily implement the Plan prior to
achieving designation because of their desire to continue moving toward
their community goals. Designation remains key however, because
designation is an important component of the overall framework for
achieving long term protection and it represents a reward for the
town's ``doing their part.''
Protection of Landowner Interests
Assuring that landowner interests would be respected was a major
tenant of the Wild and Scenic Study process including development of
the management plan and designation legislation. At the top of the list
is that designation would be conditional on assuring that the
``provisions of section 6(c) of the Wild and Scenic Rivers Act that
prohibit Federal acquisition of lands by condemnation shall apply to
the Eightmile River,'' which is the wording of the proposed
legislation. Secondly, as mentioned above, the management plan is
developed locally and its implementation is locally led and at the
discretion of the local communities. Thirdly, the recommendations in
the management plan were evaluated in terms of their potential impact
on landowners and adjusted as necessary to assure that if implemented
they would not pose an unreasonable burden or hardship. Also, the
management plan was designed to be flexible and anticipate that the
specifics of potential measures might be adjusted to take into account
the ``reality on the ground'' at the time of implementation.
Communication with riverfront landowners was a consistent and important
part of the conduct of the Study. Ultimately, votes by the town land
use boards and citizens served as the most direct expression of support
for the designation and proposed protection measures. In general, as
indicated through citizen votes, community input, discussions and
neighbor to neighbor contact, the clear majority of landowners
recognized that the potential implications of implementing the
management plan would entail at worst the prospect of making relatively
small concessions in exchange for the larger benefit of sustaining
overall neighborhood and community quality.
strong support for designation and management plan
Consistent with the history of the project and its origins, there
is overwhelming, widespread support for Eightmile Wild and Scenic River
designation. In the winter of 2006, the towns of East Haddam, Lyme and
Salem held town meeting votes so that citizens could vote on whether to
endorse the Eightmile River Watershed Management Plan and Wild and
Scenic designation. These votes were attended in large numbers. In
Salem the First Selectman claimed that it was the largest turnout for a
town meeting. All of the towns had votes which were strongly in favor
of endorsement--in total the votes were nearly unanimous. All town
First Selectmen, land use commissions and boards of selectmen as well
as the Wild and Scenic Study Committee voted to endorse the Management
Plan and designation. Prior to and during the course of the Study many
civic and non-profit groups have expressed their support for the Study
and/or designation through letters, resolutions and other forms of
endorsement. Individuals, landowners and river fronting landowners have
also expressed support. Please see attachment.*
The State of Connecticut Legislature endorsed designation and the
Management Plan by passing Public Act No. 05-18 ``An Act Concerning
Designation of the Eightmile River Watershed Within the National Wild
and Scenic River System'' which was signed into law by Governor Jodi
Rell at a riverside ceremony.
The Eightmile designation has been and remains a bipartisan
endeavor. Republican Rob Simmons introduced the Study Bill in 2001 and
introduced a designation bill just before the end of the 109th
Congress. Democratic Congressman Joe Courtney has introduced H.R. 986
and has the full support of the Connecticut Delegation, both
republicans and democrats. Senators Dodd and Lieberman have been strong
supporters since the beginning in 2001.
Finally the newspapers have followed the Eightmile Project and the
Wild and Scenic Study. There have been numerous articles about the
project and strong editorial endorsements for designation. Examples are
summarized in the attached exhibits.*
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* Information has been retained in committee files.
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the time for designation is now!
With 10 years of work into the effort to save the Eightmile River
Watershed including the past 5 years during the Wild and Scenic Study,
the communities have done their part and are anxious to complete this
final critical step of obtaining Wild and Scenic River designation.
They see the federal role as an inherent part of the collective multi-
party approach to protecting the resource. In order to continue making
the commitment of time and resources, local communities need to know
their federal partner will in fact come through too and allow the full
partnership to be established. Noting that 2008 is the 40th anniversary
of the Wild and Scenic Rivers Act, those involved in the Eightmile
effort would greatly appreciate the honor of being one of the rivers
who receive designation within the Act's first 40 years!
Thank you very much for the opportunity to submit testimony in
support of S. 553. I urge the committee's favorable consideration of
this important legislation.
______
The Nature Conservancy,
San Francisco, CA, May 15, 2007.
Hon. Daniel K. Akaka,
Chairman,
Hon. Craig Thomas,
Ranking Member,
Subcommittee on National Parks, Senate Energy and Natural Resources
Committee, 364 Dirksen Senate Office Building, Washington, DC.
Dear Chairman Akaka and Senator Thomas: As the Subcommittee on
National Parks of the Senate Energy and Natural Resources Committee
holds a hearing today on legislation under its purview, The Nature
Conservancy wishes to express its strong support for the Channel
Islands National Park Management Act of 2007 (S. 1209).
Recently introduced by Senator Dianne Feinstein, S. 1209 requires
Santa Rosa Island within the Channel Islands National Park to be
managed in accordance with the National Park Service Organic Act (16
U.S.C. 1 et seq.) and all applicable national park laws. Additionally,
the legislation repeals Sec. 1077(c) of P.L. 109-364, a provision
included in the Fiscal Year 2007 Department of Defense Authorization
Act. While Sec. 1077(c) is subject to interpretation, the provision
appears to attempt to overturn a court-approved settlement agreement
and could allow a private herd of non-native deer and elk to remain on
the island after 2011.
The Nature Conservancy believes the presence of introduced deer and
elk herds on Santa Rosa Island is fundamentally incompatible with the
long-term protection of the unique natural resources of Channel Islands
National Park. By allowing the private herd of deer and elk to persist
on Santa Rosa Island, these non-native populations continue to divert
scarce park management funds and pose an unnecessary and costly risk to
the viability of plant and animal species that occur nowhere else on
Earth. Such a development would also undermine the enormous public and
private investments in ecosystem restoration that have been made in
recent years.
We hold this position having studied this situation in great depth.
The Nature Conservancy formerly owned 90% of Santa Cruz Island--Santa
Rosa's immediate neighbor in the northern Channel Islands. In 2000, the
Conservancy gave 8,500 acres of land on Santa Cruz Island valued at
well over $60 million to the National Park Service, to facilitate
island visitation and to enhance our conservation partnership. Today,
the Conservancy owns 76% of Santa Cruz Island and has raised and
contributed tens of millions of dollars in private funds and other
assets to the conservation of natural resources within the Channel
Islands National Park. Since 2000, the Conservancy has contributed
staff time, expertise, and over $7 million in privately raised funds to
restoring the ecosystem and protecting biodiversity on Santa Cruz
Island. These private investments are in addition to about $11 million
in public investment in the restoration program over that same time
period.
Island ecosystems are renowned for their ecological fragility.
Extinction rates of plants and animals on islands are alarming. When
herbivores (like deer and elk) are introduced to islands they can have
a devastating effect on the ecosystem. The scientific evidence of that
destruction on the world's islands is overwhelming. The fragility of
the Northern Channel Islands ecosystem is well illustrated by the
plight of the federally endangered island fox. A listed subspecies of
fox occurs on Santa Rosa, and a different listed fox occurs on each of
its immediate neighbors, Santa Cruz and San Miguel islands. Each fox
population is precariously close to extinction because they are preyed
upon by golden eagles. Golden eagles have only recently populated the
islands. The full ecological history of the northern Channel Islands is
complex, but scientists believe that individual birds from a rebounding
mainland golden eagle population have been attracted to the islands and
supported by the presence of introduced species. Even though they may
mostly prey upon other species, the eagles' depredation of foxes has
been enough to cause the three fox populations to plummet.
Over the last eight years and at great expense, The Nature
Conservancy and the National Park Service have worked hard to live
capture and remove golden eagles from the islands. But as long as a
food subsidy of large non-native animals remains in the island chain
and continues to attract the golden eagles, the foxes will remain
imperiled. To that end, The Nature Conservancy and the National Park
Service are currently completing a multi-year and multi-million dollar
effort to remove feral pigs from Santa Cruz Island. The Conservancy is
concerned that, if deer and elk remain on Santa Rosa, golden eagles may
continue to be drawn to the islands by the presence of young herbivores
and by deer and elk remnants resulting from hunting, further risking
the extinction of foxes on Santa Rosa Island as well as the neighboring
islands.
Outdoor recreation enthusiasts, including hunters, are some of the
strongest supporters of biodiversity and habitat preservation, and we
have enjoyed a long and productive relationship with hunting and fish
enthusiasts and organizations. Like any other form of outdoor
recreation, however, there are places and situations where hunting, and
particularly the introduction and retention of non-native species for
hunting purposes, is simply not appropriate. Santa Rosa Island is one
of those places.
The Nature Conservancy joins Senator Feinstein and the National
Park Service in strong support of S. 1209.
Sincerely,
Mike Sweeney,
Associate State Director, California Program.
______
Statement of Quinn McKew, American Rivers, Inc.
On behalf of our 65,000 members and supporters around the country,
thank you for holding a hearing to consider important legislation that
will designate outstanding, free flowing rivers in Connecticut, North
Carolina, Virginia, and Wyoming as components of the National Wild and
Scenic Rivers Program.
Since its founding in 1973, American Rivers has worked with our
grassroots partners to protect rivers under the Wild and Scenic Rivers
Act and has actively assisted federal agencies, states and local groups
with river conservation efforts. American Rivers strongly supports S.
553, the Eightmile Wild and Scenic River Act of 2007, S. 1057, the New
River Wild and Scenic River Act of 2007, and S. 1281, the Snake
Headwater Legacy Act of 2007.
Congress created the Wild and Scenic Rivers Act in 1968 to protect
the nation's best free-flowing rivers from activities that would
destroy their wild character. A Wild and Scenic designation is
currently the strongest tool available to protect rivers from future
pollution, inappropriate development, and impoundment. A Wild and
Scenic designation does not prevent development and use of a river;
instead, the goal is to preserve the existing character of a river.
Uses and development compatible with the management goals of a
particular river are allowed. Each of the rivers under consideration
today possess the free-flowing character and outstanding natural beauty
representative of our nation's National Wild and Scenic Rivers.
S. 553, the Eightmile Wild and Scenic River Act of 2007, would
designate segments of the Eightmile River, an outstanding river located
in the largest unfragmented forest region in coastal Connecticut, as a
component of the National Wild and Scenic Rivers System. The Eightmile
River is an exceptional natural and cultural resource. The 62 square
mile watershed is a rolling forested landscape with more than 150 miles
of pristine rivers and streams, large areas of unfragmented habitat, an
abundant array of rare and diverse wildlife, beautiful vistas, high
water quality, unimpeded stream flow and historic features making it a
unique example of an intact and functioning watershed ecosystem in
Southern New England. The watershed has been determined eligible and
suitable for Wild and Scenic status by the National Park Service. More
than 80% of the watershed is undeveloped forest, home to diverse and
rare animal and plant life, and an abundance of recreational
activities. Its scenic beauty, historic character, and fisheries serve
as a tremendous source of pride for the citizens of Connecticut.
The process of including the Eightmile River Watershed into the
NWSR System has been a bottom-up approach. The desire to protect the
Eightmile River Watershed originated in 1995 when local officials and
citizens began working on protection efforts. A variety of local,
state, and federal water protection programs were considered. A key
part of the program selection process was the need to retain local
control over decisions involving the watershed. A Wild and Scenic River
study and designation was determined to be the best way to achieve the
local vision of a protected watershed.
S. 1281, the Snake Headwater Legacy Act, also arose from a strong
local push to protect a key community asset. These 443 miles of rivers
around Jackson, Wyoming truly represent the best of our nation's wild
river heritage and form the heart of a vibrant recreation-based local
economy. Designation efforts are endorsed by The Campaign for the Snake
Headwaters, an effort led by local citizens, businesses, anglers,
boaters and conservationists to permanently protect the best remaining
free-flowing rivers and streams of northwest Wyoming's Snake River
drainage. More than one hundred local and national businesses have
endorsed the Campaign for the Snake Headwaters.
The legislation, if passed, would be the single largest addition to
the nation's Wild and Scenic Rivers System in 15 years. Included in the
bill are rivers determined Wild and Scenic eligible in Grand Teton
National Park, Yellowstone National Park and the surrounding National
Forests. Over 90% of these river miles are located on public lands on
the Bridger-Teton National Forest, and to a lesser extent, in
Yellowstone and Grand Teton National Parks. Only a tiny fraction of
these eligible river miles flow across private lands. The rivers of the
Snake headwaters are one of the last remaining native cutthroat trout
strongholds in the lower 48 states. Roughly 30 percent of the tourists
that visit Jackson Hole spend some time fishing in the Snake
Headwaters, and they contribute from $10 to $20 million annually to the
local economy. Whitewater boating and rafting on the Snake River pump
another $3.5 million into the local economy. The lush cottonwood forest
along the Snake River supports some of the most productive bald eagle
and osprey nesting habitat in the Rocky Mountains. In all, 150 bird
species can be found along this reach of the Snake. Among the many
mammal species that abound here are moose, elk, deer, grizzly bears,
wolves, mink, and Wyoming's largest population of river otters.
S. 1057, the New River Wild and Scenic River Act, gives attention
to a section of the New River, our nation's oldest river, which until
now has been a local secret. Starting at the terminus of the currently
designated New River National Wild and Scenic River in North Carolina
and flowing through Virginia back into North Carolina, this stretch of
river is exceedingly scenic and popular with recreational boaters.
While most of the land bordering the river is privately held, local and
regional land trusts dedicated to protecting the New River have
successfully negotiated several large conservation easements.
Given the high percentage of state and private property in S. 1057,
American Rivers recommends that the river be managed as a Partnership
Wild and Scenic Rivers administered by the National Park Service. As a
subset of the greater National Wild and Scenic Rivers System, the
Partnership Wild and Scenic Rivers Program helps communities preserve
and manage their own river-related resources locally by bringing
together State, county, and community managers to preserve the
outstanding and remarkable values for which the rivers were set aside.
It is a truly collaborative process with the National Park Service
providing an advisory partnership role.
As the 40th anniversary of the National Wild and Scenic Rivers Act
approaches in 2008, American Rivers look forward to working with the
Subcommittee and the Committee on Energy and Natural Resources as a
whole to secure Wild and Scenic designations for our last, best rivers
and preserve their beauty, health, and wonder for current and future
generations. In addition to S. 553, S. 1057 and 5.1281, American Rivers
strongly supports S. 86, the Fossil Creek Wild and Scenic River Act; S.
647, the Lewis and Clark Mount Hood Wilderness Act of 2007; and S. 868
which seeks to designate segments of the Taunton River as a component
of the National Wild and Scenic Rivers System.
American Rivers strongly supports these pieces of legislation and
looks forward to working with the Energy and Natural Resources
Committee to ensure that all the bills contained in this testimony are
enacted this Congress.
Thank you for your consideration.
______
The Conservation Fund,
Sun Valley, ID, May 4, 2007.
Hon. Larry Craig,
Hart Senate Office Building, U.S. Senate, Washington, DC.
Dear Senator Craig: On behalf of The Conservation Fund, I am
writing to express our organization's strong support for your
bipartisan legislation to expand the boundary of the Minidoka
Internment National Monument to include the Farm-in-a-Day property as
part of a comprehensive initiative to implement the National Park
Service's General Management Plan (GMP) and Congressionally-authorized
Bainbridge Island special resource study.
As part of The Conservation Fund's (TCF) nationwide program to
conserve Japanese American internment camp sites, TCF acquired the 128
acre Farm-in-a-Day property last year with a goal to preserve the
farm's historic resources associated with both the Japanese American
internment and the development of agriculture in the Magic Valley
following World War II. The property is located immediately adjacent to
the Monument and is the NPS's highest acquisition priority in its
recently-completed GMP.
TCF is very interested in transferring the property to the NPS as
an addition to the Monument. By expanding the boundary to include this
key tract, the legislation will provide the NPS with the authority to
acquire this property. In doing so, your legislation will advance the
Monument's mission to educate the public about the internment and to
tell the fascinating story about the regional development of
agriculture in the early 1950s. If enacted, the bill also transfers
management of facilities and federal lands at Minidoka for a visitor
center and a new memorial for the first generation of Japanese
Americans.
As an organization committed to conserving Idaho's historic
resources and as the only private landowner within the proposed
boundary expansion, TCF greatly appreciates your leadership and hard
work to advance this bill. TCF is supportive of the exciting
opportunity that Minidoka presents for south-central Idaho, the Pacific
Northwest and the nation as a whole. We stand ready to assist your
efforts to pass this important legislation this year as part of a
comprehensive approach for Minidoka and Bainbridge Island.
With appreciation and good wishes,
Mark W. Elsbree,
Vice President & Northwest Director.
______
Paralyzed Veterans of America,
Washington, DC, July 26, 2006.
Hon. Vic Snyder,
Longworth House Office Building, U.S. House of Representatives,
Washington, DC.
Dear Representative Snyder: On behalf of the Paralyzed Veterans of
America (PVA), I am responding to your inquiry regarding efforts to
provide hunting opportunities for paralyzed and disabled veterans on
Santa Rosa Island. While PVA applauds the efforts by Chairman Duncan
Hunter to open hunting and outdoor venues for our members, other
disabled veterans and current service members we have come to the
conclusion that the Santa Rosa Island initiative is not viable. PVA has
sent one of our members to the island and we have explored possible
solutions to the challenges posed by the site; however, it is our
opinion that the numerous obstacles inherent to the island, including
ingress and egress, logistics, personal safety and cost, far outweigh
the possible, limited benefit it could provide.
It is our hope that the concept of expanded hunting and outdoor
opportunities on federal facilities for our members, other disabled
veterans and service personnel will continue to receive the attention
of Congress. Chairman Hunter's efforts should serve as a starting point
for future initiatives to provide accessible venues for both veterans
and active duty personnel. We would be happy to work with you and other
members to explore alternatives to this issue and identify other
opportunities across the country that may afford veterans expanded
options.
Sincerely,
Douglas K. Vollmer,
Associate Executive Director for Government Relations.
______
Statement of Hon. Lois Capps, U.S. Representative From California
Mr. Chairman and members of the Subcommittee, thank you for holding
this hearing today and for the opportunity to present testimony in
support of S. 1209.
S. 1209 repeals a provision in the 2007 National Defense
Authorization Act (NDAA) that negatively affects the integrity of Santa
Rosa Island and the Channel Islands National Park, which is located in
my congressional district. I have introduced similar legislation, H.R.
2029, in the House.
I want to also thank my colleagues from California, Senator
Feinstein and Senator Boxer for introducing S. 1209 and for bringing
this important issue to the Committee's attention.
Legislation to repeal the NDAA provision is necessary for several
reasons.
First, the provision had no place in a defense authorization bill.
There were no congressional hearings or opportunities for public input.
The Defense Department did not request this provision and the National
Park Service (NPS) continues to strongly oppose it.
Second, the provision directly interferes with a legally binding
court ordered Settlement Agreement entered into by the NPS, the
previous landowner (Vail & Vickers), and the National Parks
Conservation Association that provides for a phase-out of non-native
deer and elk on Santa Rosa Island by 2011. Removing the deer and elk
from the island, and ending an associated trophy hunting operation will
make the island available for public recreational uses year round and
will protect the island's wealth of critical natural resources.
According to the NPS, the operation currently closes off public access
to about 90 percent of the island for 4 to 5 months of the year while
hunting is underway. The provision also hinders the NPS's plans to turn
the island into a destination spot--complete with overnight lodging,
expanded access for disabled visitors, and a full interpretative
history of the islands.
Third, the provision was predicated on giving members of the armed
forces and disabled and paralyzed veterans greater access to Santa Rosa
Island. To be perfectly clear--everyone has access to the island right
now, including members of the armed forces and veterans. If there is a
need to address access problems for members of the armed forces or
veterans, then this issue can be worked out without any legislation. I
have spoken with the Superintendent of the Channel Islands National
Park and he assures me that he is willing to do whatever he can to work
with the Veterans Administration and Department of Defense if there are
any access problems veterans might be having.
Mr. Chairman, it is important to remember how this all started. In
May 2005, Congressman Hunter proposed kicking the public off Santa Rosa
completely by transferring the island to the Defense Department. This
was rejected after being called an attempt to create a private hunting
reserve for top military brass and their official guests.
Then the idea of giving veterans more hunting opportunities became
the reason to intervene in Santa Rosa. But, as discussed earlier,
veterans already have access to Santa Rosa and the Park Superintendent
has offered to address any problems with that access. And veterans
currently enjoy a wide variety of other hunting opportunities on
private and publicly held lands, as well as on military bases around
the country. For example, Vandenberg Air Force Base, Fort Hunter
Liggett and Camp Roberts all on the Central Coast provide hunting
opportunities to the military and veterans.
You may recall that the Paralyzed Veterans of America (PVA)
initially supported. Congressman Hunter's provision, but after a
representative from the organization visited the island to assess
whether it would be suitable for paralyzed veterans, PVA changed its
position. In a letter to Congressman Vic Snyder, the PVA said, ``. . .
it is our opinion that the numerous obstacles inherent to the island,
including ingress and egress, logistics, personal safety and cost, far
outweigh the possible, limited benefit [hunting] could provide.''
The latest rationale for this proposal is supposedly to stop the
extermination of these privately owned, non-native deer and elk on
Santa Rosa Island. However, the Settlement Agreement only calls for
removal of the animals; it does not specify how the animals must be
removed. If Vail & Vickers wish to remove their animals to the
mainland, they are not precluded by the agreement from doing so and I
would support such an effort. In fact, as the federal representative
for this National Park, I am willing to help the owners of the herd
remove the non-native animals from the island if they find a home for
them. It is important to remember that the animals are being removed
because of the damage these large herds cause to Santa Rosa and
federally listed species and the impact the deer and elk's presence
have on public access.
The NDAA provision means something far different than more hunting
opportunities for veterans or animal protection. It means the
indefinite continuation of hunting in a National Park--either the
current private trophy hunting or a subsequent population management
effort. This would continue keeping the public off Santa Rosa while
hunting is underway. I would remind the Committee that the public paid
$30 million for this island 20 years ago. Some 5,000 people visit Santa
Rosa Island each year and that these numbers will increase
commensurately once the island is open year-round to the public.
In addition, the NDAA provision could result in the NPS maintaining
the huge herds of nonnative deer and elk on the island. These are, of
course, animals the NPS does not even own, so some may argue there
could be takings issues at play here. And, from the conservation
perspective, maintaining these huge herds would mean continued damage
to federally listed species that would reduce the value of the Channel
Islands National Park and exhaust the NPS's already limited financial
resources.
Mr. Chairman, the issue of removing the non-native deer and elk
from the island is a very serious one. The NPS and Vail & Vickers are
in constant contact on this issue to ensure the cessation date is met
and that it is done in a fair and equitable manner. The goal is to
ensure that the public, finally, has full access to its national park.
I hope the Committee adopts S. 1209 to repeal this provision and
shows its support for the goal of making Santa Rosa Island publicly
accessible year-round, as it should be.
Thank you again for your interest in this issue and I look forward
to working with the Committee to show support for Santa Rosa Island.
______
Joint Statement of Boone and Crockett Club; Congressional Sportsmen's
Foundation; Mule Deer Foundation; National Rifle Association; Rocky
Mountain Elk Foundation; and Safari Club International
Dear Member of Congress, we are writing you today on an issue of
great concern to our conservation organizations--the proposed
eradication of the Kaibab Mule Deer and Roosevelt Elk herds that
inhabit Santa Rosa Island. We urge you to oppose both S. 1209 and H.R.
2029, as these bills propose to overturn Sec. 1077(c) of P.L. 109-664--
a provision that currently protects Santa Rosa Island's elk and deer
herds from extermination.
Sec. 1077(c) of P.L. 109-664 protects these herds and without this
provision in place these splendid elk and deer herds would lose their
current law protections and begin to be slaughtered next year--
ultimately to be eradicated by the end of 2011. The National Park
Service will assume full management of Santa Rosa Island beginning in
2012. Our organizations believe that these elk and deer herds should
remain in their current habitat on the isolated and disease-free
environment of Santa Rosa Island--where they will continue to provide
enjoyment to park visitors in 2012 and beyond.
Through professional wildlife management practices, we believe that
both the ungulate herds and other flora and fauna can successfully
coexist. Please understand that these animals have habituated to Santa
Rosa Island for approximately 100 years, have assimilated into the
ecosystem and are one of the island's primary tourist attractions.
We urge you to safeguard P.L 109-664's protection for Santa Rosa
Island's healthy elk and deer herds by opposing S. 1209 and H.R. 2029.
______
Statement of Robert J. Lagomarsino, Ventura, CA on Behalf of Vail and
Vickers Company
Chairman Akaka and Members of the Subcommittee, from 1974 to 1993 I
served in the House of representatives, representing the Ventura and
Santa Barbara County area of Coastal California. During almost all of
that time, I was a member of the Interior & Insular Affairs Committee,
now Natural Resources, and held the position of ranking Republican for
National Parks.
It was my legislation in 1980 that created Channel Islands National
Park. Although no longer in office, I maintain a keen interest in park
activities. In fact, since we live on the coast west of Ventura, the
islands are, on clear days, always in sight. Indeed, in 1996 the
Congress passed, and the President signed into law, legislation naming
thw park visitor's center after me.
For more than a decade I have been disturbed at developments in the
park, especially with regard to the management of Santa Rosa Island.
Today, I have great concern regarding proposed S. 1209, and H.R.
2029. Both aim to repeal Section 1077(c) of Public Law 109-364, but
this language in the Senate version attempts to do more than simply
reverse Representative Duncan Hunter's one sentence law of last year
that halts the eradication of the island's historic deer and elk herds.
I am concerned that S. 1209 inadvertently threatens the very existence
of the Vail & Vickers operation before 2011, by ignoring past
agreements--the special use permit arrangement from 1986 and the
litigated Settlement Agreement for 1998--and citing Park Service
directives that through strict interpretation very well could drive the
ranchers out of business immediately.
It was my clear intent, and of Congress (including CA Senator Alan
Cranston), that the cattle ranching operation that had thrived for a
century would continue for 25 years, as a living history of what
ranching operations had once been like across the West, let alone the
uniqueness of an island ranch somewhat removed from the passing of
time. We considered equally important the preservation of the island's
unique natural bounty. Then-Park Director William Whelen at the time of
the initial bill's passage wrote that grazing, when properly managed,
was a compatible use. Later, I clearly remember Park Director William
Penn Mott standing in the old Vail & Vickers barn on Santa Rosa
commenting how valuable a resource the cattle operation was.
It was over many years from the mid 1970's to 1986 that the Vail
family reluctantly agreed to not oppose including their island into the
boundaries of the newly proposed park, and to eventually agree to
emerging political realities and sell to the federal government.
Therefore I expected the historic ranch and hunting operations would
continue for at least 25 years.
It was my intent and expectation that the kind of cooperation
between the Park Service under then Superintendent Bill Ehorn and Vail
& Vickers would continue, especially as it was Mr. Ehorn's
recommendation that a special use permit arrangement would be the
preferred method of management, not straight lease terms.
As I stated to Interior secretary Bruce Babbitt in 1997, I would
not have included Santa Rosa Island in the park boundary, and I doubt
the Senate would have approved it, had I known that the ranchers would
be caught between competing special interests for the next quarter
century. During the unfortunate litigation brought upon the Park
Service and Vail & Vickers by the National Parks & Conservation
Association, I thought the ranchers were justified in feeling the
government had gone back on an agreement they entered into in good
faith, and that the Interior Department did not adequately defend the
original sale terms. Simply stated, promises made should have been
promises kept.
While it is worth noting that Congressman Duncan Hunter's methods
last year to insert last minute language into the Defense Authorization
Act were unorthodox, the simple fact is Section 1077(c) does not allow
hunting to continue or limit public access on Santa Rosa Island after
2011; it simply prohibits the deer and elk from being eradicated per
the Settlement Agreement. It also does not set precedent, as some
suggest, that allows for non-native species to exist in national parks,
for this precedent has already been set in this very park. I cite the
example of the eucalyptus tree, not native to California, and prevalent
on the Channel Islands. Will the Park Service be eradicating thousands
of trees? Where is the line drawn in this theoretical goal of
preserving only what is ``native''?
In my opinion, many of the allegations of abuse by cattle, deer and
elk are, to the say the least, greatly exaggerated. If sheep and cattle
ranching went on for 150 years, with little if any knowledge of/or
concern about rare and endangered species, how come there are any left
to be so concerned about now? Probably the most rare and endangered
thing here in common sense.
Moreover, I find the assertions of the bill sponsors that hunting
will continue and public visitation is threatened to be disingenuous.
It is worth repeating that public access is not limited due to Section
1077(c) as the language clearly states: ``The Secretary of the Interior
shall immediately cease the plan, approved in the settlement agreement
for case number 96-7412 WJR and case number 97-4098 WJR, to exterminate
the deer and elk on Santa Rosa Island, Channel Islands, California, by
helicopter and shall not exterminate or nearly exterminate the deer and
elk.'' To speak of speculation and future scenarios is unfair and not
productive to building lasting and cooperative solutions.
Like the existence of ``non-native'' mountain goats in Olympic
National Park, I strongly believe that the presence of the deer and elk
enhances the visitor experience on Santa Rosa Island. While the cattle
and vaqueros might be long gone, the deer and elk showcase the living
history of the island, illuminating a ranching culture that no longer
exists across our country. The Park Service calls these ``historical
landscapes,'' and this example qualifies. The living documentation of
things past is as vital a mission to the national park system as the
protection of unique flora and fauna. There is no reason why we cannot
manage both our natural and human history to great effect. This is was
certainly my intent in the enabling legislation that preserved this
national treasure.
This Committee has a golden opportunity today to sort out 15 years
of confusion by calling on hearings related to the past and future
management and oversight of Santa Rosa Island. Can S. 1209 be amended
to allow the deer and elk to remain on the island--with no hunting
activities involved--as part of a historic, living history of early
California ranching life? Certainly, this would require additional
hearings and in-depth public discussion, but the timing corresponds
well to the ensuing challenges to manage elk herds in Rocky Mountain
and Theodore Roosevelt national parks as well as the continued
destruction of Kaibab mule deer habitat in the Southwest.
Additionally, it should be noted that Channel Islands National Park
has not updated its General Management Plan, particularly with regards
to Santa Rosa Island, since the 1980's. Due to the dramatic changes of
the past 20 years, one would think that this would have happened by
now. Perhaps an advisory committee should be created--one with a fair
balance of different viewpoints--that oversees a Channel Islands
National Park Historical Resources Study. This would be a positive step
that this Committee and S. 1209 could take today.
To conclude, I encourage this Committee to remove any language from
S. 1209 that can be used to put Vail & Vickers out of business before
the end of 2011. I also call on Congress to use this legislative
opportunity to honor the original intent of the agreement, and to find
a way to keep an invaluable part of our nation's heritage alive.
______
Statement of William H. Ehorn, Smith River, CA
My name is William H. Ehorn. I was employed with the National Park
Service (NPS) for 34 years and served as Superintendent of Channel
islands National Park (CINP) from 1974 to 1989. In that capacity, I was
an active participant in the 1980 legislation to add Santa Rosa island
to the park and the NPS acquisition of the island from Vail & Vickers
in 1986.
During the 1979-1980 Congressional effort to add Santa Rosa Island
the CINP, it was clearly understood that Vail & Vickers would be
allowed to continue a viable ranching operation for a period of 25
years. At the outset, there was substantial opposition to including the
island in the park unless there were assurances that the historic
ranching operation could be continued. Express assurances were provided
by the Congressional leadership (e.g., Sen. Alan Cranston (D-CA)), the
committees, and the primary author of the CINP legislation Rep. Robert
Lagomarsino (R-CA). The Director of the NPS, Mr. William Whalen, also
provided such assurances at the hearing and via correspondence. Only
after it was clearly understood that Vail & Vickers could continue
their historic operations did opposition to including Santa Rosa Island
in CINP diminish. In the absence of these repeated assurances, I
believe that the island would not have been added to the park.
In 1986, NPS acquired Santa Rosa Island from Vail & Vickers. At the
time of acquisition, it was also clearly understood that a viable
ranching operation would be permitted to continue for 25 years. As
Superintendent of the park, it was my intention to honor the
commitments made by Congress and NPS and allow the ranching operation
to continue. Vail & Vickers were offered two procedural options for
continuation: a lease or a special use permit. I was able to persuade
Vail & Vickers to accept the permit option rather than the lease on the
grounds that (1) a permit would be managed locally by NPS while a lease
would be administered from Washington, D.C., (2) permit fees could be
used to improve and maintain facilities on Santa Rosa Island relative
to the management of the permit, and (3) a permit would allow NPS to
begin operations on the island in cooperation with the ranch.
Vail & Vickers has a record of outstanding stewardship on the
island. Since 1986 they have cooperated extensively with NPS to further
improve the quality of the ranching operation and park resources.
Conservation measures have included reductions in the number of cattle,
elimination of destructive feral pigs, fencing of sensitive riparian
zones, and rotational grazing to protect endangered and threatened
species. I have a personal knowledge of the condition of Santa Rosa
Island resources, both prior to park establishment and since the
implementation of cooperative efforts to further enhance the protection
of park resources. It is my professional opinion that the measures that
Vail & Vickers have willingly taken in a spirit of cooperation with NPS
have clearly improved conditions and have promoted the overall health
and vitality of the natural resources on the island.
My personal perspective is that it is important for the federal
government to honor the commitments expressed by Congress and clearly
understood by all who were involved when the park was created by
providing for the continuation of the private ranch until 2011. Park
management will obviously change at the end of the allowed ranch
operation period since grazing will be discontinued on most of the
island with the exception of an interpretive demonstration ranch.
Options tor protective management of resources as well as for visitor
use will increase at that time. In the interim, the management
challenge is to honor Congressional intent to this ranching family, as
well as protect the island's superlative resources.