[Congressional Record Volume 141, Number 153 (Thursday, September 28, 1995)]
[Extensions of Remarks]
[Pages E1872-E1874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  TONGASS TRANSFER AND TRANSITION ACT

                                 ______


                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                      Thursday, September 28, 1995

  Mr. YOUNG of Alaska. Mr. Speaker, throughout the West, a growing 
frustration with Federal land barons and their policies is rekindling 
the sagebrush rebellion. Nowhere are Federal land decisions more 
destructive to families and hard working people than in the 17 million 
acre Tongass forest in southeast Alaska.
  In a forest that large it should be easy to balance the uses and make 
people happy, but the Federal Government has failed miserably.
  The bill that I am introducing today gives Alaskans a chance to take 
control of their future in the Tongass National Forest. Today I propose 
a way to end the continuing Tongass brawl and give Alaskans a chance to 
resolve their differences at home.
  When this bill becomes law, and the Alaska State Legislature and our 
Governor take advantage of the privilege offered in the bill, ownership 
of the Tongass National Forest automatically transfers to the State of 
Alaska. One year later when the transition period expires, management 
of the Tongass will be in the capable hands of Alaskans. Everyone will 
have a better chance of stability.
  I have no choice but to make a proposal to liberate the Tongass and 
the Alaskans so adversely affected by the current Federal policies and 
requirements in the Tongass.
  Since statehood, it has never been worse in the Tongass.
  Nobody is happy. It takes 3 years for tourism operators to get access 
permits in a 17 million acre forest. Leaders in fishing groups complain 
existing protection for fisheries are not enforced. Crabbers fight for 
space and permits to store their crab pots. Cabin permits become 
Federal issues when simple improvements are made. Millions of dollars 
are spent on studies that produce no conclusions and call for more 
money for more studies. Even the environmentalists are so unhappy with 
decisions in the Tongass that they continually appeal and sue the 
agency.
  Time after time, the Federal Government has failed those who rely on 
the Tongass. Congress has withdrawn 6 million acres in the Tongass only 
to have the agency propose even more land withdrawals. A series of new 
Federal laws and more impossible regulations are added.
  Alaskans in the Tongass are frustrated with the leadership of the 
U.S. Forest Service, particularly the political appointees who control 
it. While they ignore the needs of Alaskans, their decisions produce no 
real benefit to the environment or to fish and game and do not consider 
the needs of people.
  I told the agency heads back in January that Alaskans had suggested 
the type of proposal that I am making today. I told them that I was 
considering a proposal that would transfer their lands. I asked that 
they improve their policies and decisionmaking on our national forests 
and public lands. I have seen no improvement. Decisions just keep 
getting worse.
  Even after the President's political appointees in the Government 
decided to cancel the large timber contract, they still refuse to offer 
timber to small business people. While 80 million board feet should be 
available for small mills, only 35 million board feet has been provided 
in the Tongass this year, most of it at the end of the season when it 
does little good.
  Communities in southeast Alaska are suffering. Productive, 
hardworking people are out of work. Forty-two percent of the timber 
jobs are gone in Southeast. The President's political appointees who 
control the Federal land managers just do not seem to care. They 
continue to propose problems instead of solutions.
  Alaskans and others realize that their State legislature is closer to 
the economic and ecologic needs in the Tongass. It has a much better 
understanding of policies that will bring peace to the Tongass than 
does the U.S. Congress and the Federal Forest Service.
  Given the choice, a majority of southeasterners would rather see the 
State of Alaska own the Tongass than continue with Federal management. 
Fifty five percent would support a Tongass transfer to the State 
according to a recent poll. Alaskans clearly favor what my bill seeks 
to accomplish.
  No particular group asked for this bill. I stress that point. No 
particular group asked for this bill, but I have listened to what 
Alaskans have been saying since the passage of the Tongass Timber 
Reform Act. I have discussed the ideas in this draft with Alaskans.
  I have listened to our Governor of Alaska speaking through 
Commissioner Willie Hensley. At Senator Murkowski's workshop on the 
Senate bill Commissioner Hensley said:

       The hallmarks which guide our [state] policies in 
     connection with the Tongass include . . . maximum self 
     determination for the people of Southeast Alaska with respect 
     to land management decisions which affect them, and a minimum 
     of legislative prescriptions from Washington D.C.

  My bill relies on the Governor's wisdom. My bill gives Alaskans a 
chance to achieve maximum self-determination for the people of 
southeast Alaska. There will be no running back to Washington, DC, to a 
Congress that uses the Tongass as a political pawn. Tongass policies 
will be Alaskan policies. Our Governor wants no Washington, DC, 
legislative mandates and that is what my bill proposes.
  I also heard elected leaders of the State legislature. This year the 
Alaska Legislature overwhelmingly passed Senate Joint Resolution 6. 
That resolution noted that America's Founding Fathers knew that control 
of land is power. They knew that centralized Federal Government with a 
substantial land base would eventually overwhelm the States and 
threaten individual freedom. Senate Joint Resolution 6 said:

       Be it resolved that the Alaska State Legislature urges the 
     104th Congress of the United States to . . . transfer to the 
     states, by fee 

[[Page E 1873]]
     title, any federally controlled property currently held within the 
     states admitted to the Union since 1802.

  Just last week, the Southeast Conference passed a resolution 
supporting the concept of transferring the Tongass to the State of 
Alaska. The Southeast Conference resolution said:

       Now, therefore be it resolved, that Southeast Conference 
     supports the concept of transferring the Tongass National 
     Forest to the State of Alaska, thereby allowing maximum self-
     determination by the people of Alaska in resolving existing 
     conflicts and bringing stability to our region.

  I also heard from Alaskan families who now suffer as a result of 
Federal policies in the Tongass. People like the Gardners wrote me. 
They said:

       Dear Don Young: My husband and I moved here to Alaska about 
     6 years ago so we would not have to worry about him losing 
     his job in the logging industry, and every since . . . it 
     seems like a lot of really good people are being put out of 
     work. It just doesn't make a lot of sense to me why [the 
     mills are closing.] If we only logged 4% of the Tongass 
     National Forest in 40 years, don't you think there is plenty 
     to go around!? Please help us keep the logging and mills and 
     all of the families working.
           Sincerely,
                                               Shannon, Steve, and
                                                    Amber Gardner.

  My proposal is in line with what the Governor desires, is more modest 
than the Alaskan Legislature urged, brings decisions in the Tongass 
closer to those like the Gardners, and is exactly what the Southeast 
Conference urged in a resolution adopted last week.

  This bill is a starting point. Critics and supporters should note 
this fact. It is a draft, a discussion piece so to speak, but it is a 
serious proposal. It is a proposal that I am making because the Federal 
Government has failed those like the Gardners and hundreds of others 
who write to me about what is going on in the Tongass. I have included 
at the close of my remarks a sampling of other letters from timber 
families in the Tongass.
  The business of transferring an entire 17 million acre forest to a 
State is a complex matter. How to make the best transition to State 
ownership raises complicated issues. It may take some time to refine 
the details and I do not want to leave anyone with the impression that 
this is a quick fix solution.
  We have talked to Alaskans about many issues raised by my bill and 
arrived at the draft proposal that I am introducing today. My staff and 
I will talk further with Alaskans as this draft proposal circulates.
  We may not have thought of the best solution for every issue, but I 
am anxious to hear thoughtful suggestions from Alaskans and others on 
how to best modify the bill to ease the transition.
  To be clear, we aim to get the Federal Government out of our business 
in the Tongass, to give decisions to Alaskans, and to accomplish this 
with a minimum of Federal strings attached.
  Before my committee takes action on the bill, we will hold hearings. 
We will give Alaskans and others a chance to provide thoughtful 
analysis of how the transition from Federal to State ownership should 
work. I look forward to this process. It will be telling.
  So that my proposal for Alaskans is understood, the following summary 
of the bill may be useful. In addition, I ask for unanimous consent 
that the full text of the bill and other material appear in the Record 
immediately following the summary.

           Summary of the Tongass Transfer and Transition Act


                        tongass transfer process

       Within 10 years of enactment, the State of Alaska can elect 
     to receive 100% ownership of all of the Tongass National 
     Forest lands.
       The election is made when the legislature passes and the 
     governor signs a bill that says (1) the state elects to 
     receive the Tongass, (2) the land is transferred subject to 
     valid existing rights, (3) the procedures and transition 
     provisions of the Act apply to the transfer, and (4) the 
     state will respect the rights guaranteed under ANCSA.
       Once such a bill is passed by the legislature, signed by 
     the governor, and the Secretary of Agriculture is notified, 
     all of the United State's interest in the Tongass National 
     Forest is automatically transferred to the State of Alaska.
       At that time, a one year ``transfer-transition'' period 
     begins, during which a patent (title) to the Tongass is 
     prepared by the Secretary and several transition issues are 
     worked out between the State and other parties. Finally, at 
     the end of the transfer-transition period, the Secretary 
     delivers the Tongass patent on the ``patent date.''
       During the transfer-transition period, the Forest Service 
     still manages the Tongass and federal law still applies. 
     Beginning on the patent date, the State of Alaska manages the 
     forest and Alaska law applies to land in the Tongass with 
     limited exceptions.
       On the patent date, the State generally becomes obligated 
     for any outstanding federal obligations (such as leases, 
     permits, licenses, and contracts). Basically the State 
     assumes federal obligations.


                           transition issues

       Several specific issues are also addressed during the 
     transfer-transition period:
       Forest Service Employees.--During the one year transfer-
     transition period, the State of Alaska must interview each 
     person employed by the Forest Service for purposes of 
     reemployment with the State of Alaska's new administrative 
     management system for the Tongass.
       Timber Receipts to the Federal Treasury.--For ten years, 25 
     percent of the net timber receipts for all timber sold in the 
     Tongass is paid to the U.S. Treasury by the State of Alaska.
       Alaska Pulp Corporation Contract.--During the one year 
     transfer-transition period, the State of Alaska must enter 
     discussions with APC and within six months of the patent 
     date, conclude an agreement that reinstates the APC contract. 
     The agreement must include provisions that dismiss the APC 
     lawsuit against the federal government and it requires the 
     sale of the contract to a third party who agrees to construct 
     a manufacturing facility in Southeast Alaska that utilizes 
     pulp-grade logs.
       Subsistence.--The transfer of the Tongass will not affect 
     subsistence use or management under title VIII of ANILCA. The 
     bill requires federal management of subsistence on 
     transferred Tongass lands until Alaska state law complies 
     with title VIII of ANILCA.
       Landless Natives.--The State of Alaska is required to 
     negotiate with the landless native communities and to reach 
     agreement that allocates between 23,040 and 46,080 acres of 
     surface estate in the Tongass. Land will be transferred for 
     purposes of historical, cultural, economic, and subsistence 
     use. Any timber harvested from such lands must receive 
     primary manufacturing before it is exported from Alaska. 
     Agreement must be reached within one year of the patent date.
       Timber Receipts For Local Governments.--For ten years after 
     the patent date, the State of Alaska must allocate 25 percent 
     of the net timber receipts from the Tongass directly to the 
     boroughs, municipalities, and local governments for schools, 
     educational materials, and community roads.
       Ketchikan Pulp Contract.--Beginning on the patent date, all 
     federal obligations arising from the KPC timber sale contract 
     shall become obligations of the State of Alaska. All benefits 
     resulting from the KPC timber sale contract shall become 
     benefits flowing to the State of Alaska.
       Mining Claims.--Federal mining claimants are given the 
     option, for 15 years, of holding their claims under the 
     federal law, which is administered by the State of Alaska. 
     The claimholder could patent the claim during that time 
     period. After 15 years, all federal mining claims that are 
     not patented automatically convert to State of Alaska claims 
     and are administered under the State mining law. At any time 
     during the 15 year period, a claim holder has the option to 
     convert the federal claim to a State claim.
       Timber Road Fund.--All timber receipts collected during the 
     one year transfer-transition period are provided to the State 
     of Alaska for a timber road program fund.
       Timber Exports.--The State of Alaska must prohibit export 
     of unprocessed saw, utility and pulp logs originating from 
     lands transferred for a minimum of ten years.
                                                                    ____


   Southeast Alaska Public Opinion Survey--A Survey Measuring Public 
         Opinion on the Tongass National Forest Timber Industry


      transferring ownership of the tongass to the state of alaska

       Transferring ownership of the Tongas from the federal 
     government to state government is an appealing idea for most 
     Southeasterners. Across the region 55% favor transferring 
     ownership while 34% oppose the transfer. One in ten (11%) are 
     unsure, probably reflecting uncertainty about how management 
     priorities would change.
       In all areas of the region, supporters of the transfer 
     outnumber those in opposition. Juneau offers the lowest level 
     of support (47% in favor versus 40% who oppose). Outside of 
     Juneau, supporters outnumber those in opposition (60% versus 
     29%). Wrangell and Ketchikan lead the supporters with 76% and 
     65% in favor, respectively. Southeast's rural areas support 
     the transfer with 59% in favor versus 31% opposing.
       Among residents favoring the transfer, nearly all (88%) 
     favor reevaluating all previous federal land and use 
     allocations on the Tongass. This opinion is held region-wide, 
     including Juneau.

 CS for Senate Joint Resolution No. 4 (Res) in the Legislature of the 
         State of Alaska, Nineteenth Leislature--First Session


    by the senate resources committee--Sponsor(s): Senators Taylor, 
                         Halford, Kelly, Sharp

       A resolution relating to federally held property in those 
     states, including Alaska, admitted to the Union since 1802.
       Be it resolved by the legislature of the State of Alaska:
       Whereas the founding fathers of this nation recognized that 
     land is power and that a centralized federal government with 
     a substantial land base would eventually overwhelm the states 
     and pose a threat to the freedom of the individual; and
       Whereas the original 13 colonies and the next five years 
     admitted to the Union were granted fee title to all land 
     within their borders; and 

[[Page E 1874]]

       Whereas all but two states admitted to the Union since 1802 
     were denied the same rights of land ownership granted the 
     state admitted earlier, and
       Whereas art. I, sec. 8, of the Constitution of the United 
     States of America makes no provision for land ownership by 
     the federal government, other than by purchase from the 
     states of land ``. . . for the erection of forts, magazines, 
     arsenals, dock-yards, and other needful buildings''; and
       Whereas acting contrary to the provisions of art, I, sec. 
     8, of the Constitution of the United States, the federal 
     government withheld property from the states admitted since 
     1802, making them land poor and unable to determine their own 
     land use and development policies; and
       Whereas this action has made those states admitted since 
     1802 unequal to other states and subject to unwarranted 
     federal control; and
       Whereas restoration of property to which they are 
     historically and constitutionally entitled would empower the 
     land poor states to determine their own land use policies;
       Be it resolved, That the Alaska State Legislature urges the 
     104th Congress of the United States to right the wrong and to 
     transfer to the states, by fee title, any federally 
     controlled property currently held within the states admitted 
     to the Union since 1802; and be it
       Further resolved, That the Congress is urged to then 
     purchase from the newly empowered States land needed to meet 
     the provision of art. I, sec. 8, United States Constitution.
       Copies of this resolution shall be sent to the Honorable 
     Strom Thurmond, President Pro Tempore of the U.S. Senate; the 
     Honorable Robert Dole, Majority Leader of the U.S. Senate; 
     the Honorable Newt Gingrich, Speaker of the U.S. House of 
     Representatives; to members of the delegations in Congress of 
     those States admitted to the Union since 1802; to the 
     Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. 
     Senators, and the Honorable Don Young, U.S. Representative, 
     members of the Alaska delegation in Congress.


                                         Southeast Conference,

                                                       Juneau, AK.

A Resolution Supporting the Concept of Transfer of the Tongass National 
                     Forest to the State of Alaska


                            resolution 95-12

       Whereas, the existing 1979 Tongass Land Management Plan has 
     been under revision since 1989, and;
       Whereas, this lack of finality in the planning process has 
     lead to instability in the economy and communities of 
     southeast Alaska, and;
       Whereas, national political input to the Tongass land 
     management planning process has been a key problem in efforts 
     to resolve conflicts on the Tongass;
       Whereas, 85% of southeast Alaska households believe the 
     timber industry is an important part of the region's economy, 
     and;
       Whereas, Southeast Conference believes that transfer of the 
     Tongass National Forest to the people of Alaska is an 
     important element in the quality of life in southeast Alaska;
       Now, therefore, be it resolved, That Southeast Conference 
     supports the concept of transferring the Tongass National 
     Forest to the State of Alaska, thereby allowing maximum self-
     determination by the people of Alaska in resolving existing 
     conflicts and bringing stability to our region.
       Adopted in the City of Whitehorse this Twenty-First Day of 
     September 1995.
                                               J. Allan MacKinnon,
     President.
                                                                    ____


Testimony of Commissioner Willie Hensley Regarding Tongass Legislation 
                               (S. 1054)

       Mr. Chairman and members of the Committee, my name is 
     Willie Hensley. I am the Commissioner of the Alaska 
     Department of Commerce and Economic Development. On behalf of 
     Governor Tony Knowles and Lieutenant Governor Fran Ulmer, I 
     thank you for this opportunity to share our views on S. 1054 
     and other issues concerning the Tongass National Forest.
       The Knowles/Ulmer Administration is committed to assuring a 
     healthy, diversified economy for Southeast Alaska--both for 
     today and for the future. We are pleased that the Alaska 
     Congressional delegation shares our goal in this regard. We 
     differ with the delegation, however, on the methods and 
     priorities to achieve this objective.
       We recognize that Southeast Alaska's economy is, by virtue 
     of the region's land base, inextricably linked to the Tongass 
     National Forest. Consequently, balanced, sound management of 
     the multiple-use Tongass is vital to the long-term social and 
     economic well-being of the people and communities of 
     Southeast Alaska.
       To this end, the hallmarks which guide our policies in 
     connection with the Tongass include:
       1. informed decision-making and prudent management of our 
     resources through the use of sound science;
       2. multiple, balanced and sustainable use of the Tongass' 
     rich resources, including conservation measures that reflect 
     our concern for future generations of people who will depend 
     on these resources;
       3. a planning process that is inclusive of the many and 
     varied interests associated with the Tongass and is designed 
     to foster consensus; and,
       4. maximum self-determination for the people of Southeast 
     Alaska with respect to land management decisions which affect 
     them, and a minimum of legislative prescriptions from 
     Washington, D.C.
       These are the criteria by which we evaluate Tongass 
     policies.
       Dear Congressman Young: Just wanted to let you know there 
     are a lot of us cutters out here depending on you. Its damn 
     hard, when a guy doesn't know if he's going to have to pack 
     out the next day because of an injunction. I know you have 
     been trying hard and I wanted to say thanks for doing so. 
     Please stay with it, cause you all we've got.
           Thanks,
                                                  Gary Batchelder.
       P.S. Right now I'm in a camp of about 50-60 men and I'm 
     sure, I speak for them all.
                                  ____



                                                Ward Cove, AK,

                                                    July 24, 1995.
     Congressman Don Young,
     House of Representatives, Rayburn Building, Washington, DC.
       Dear Congressman Young: This letter is to offer my 
     congratulations on your continued support of the timber jobs 
     in southeast Alaska. It is time the Forest Service considered 
     the impact of people in the equation, not just bugs and 
     birds. They have gotten so involved in protection, it has 
     escaped their attention that the forest is a renewable 
     resource for the use of all the people.
       I encourage the wise use of our natural resources with a 
     greater importance placed on people and jobs.
                                                       Bob Elliot.
                                  ____



                                               Petersburg, AK,

                                                    July 20, 1995.
     Congressman Don Young,
     House of Representatives, Rayburn Building, Washington, DC.
       Dear Congressman Young: Thank you for your support of the 
     forest industry in Southeast Alaska.
       The forest industry is vital for the economy of Southeast 
     Alaska, where 42% of forestry jobs have already been lost 
     directly and indirectly because of the 1990 Tongass Timber 
     Reform Act. I urge you to work toward new legislation which 
     will allow the forest industry to harvest timber, safeguard 
     our forests from over harvesting and protect habitat. It 
     seems like a lot to ask, but there must be a balance between 
     the factions.
       Does the Forest Service need to be restructured? What is 
     their main objective? It does not seem to be managing the 
     forests for the forest industry but for special interest 
     groups, such as tourists and conservationists, who would lock 
     up Alaska and throw the key away with no regard to the 
     opinions of the local citizens. Personally, I feel the US 
     Forest Service has become too large and wields too much power 
     over their fellow citizens. In fact, they remind me of the 
     IRS.
       Thank you again for your efforts towards the forest 
     industry and the dilemma it is in.
           Sincerely,
     Mike Luhr.

                          ____________________