[Congressional Record Volume 142, Number 143 (Monday, October 21, 1996)]
[Senate]
[Pages S12456-S12458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          REGARDING H.R. 2505 ALASKA NATIVE CLAIMS SETTLEMENT

 Mr. MURKOWSKI. Mr. President, during the closing days of the 
104th Congress, I spoke many times about how a single Senator, with or 
without cause, can prevent any piece of legislation from moving 
forward, even if it is noncontroversial. Unfortunately, this seems to 
be the case with a piece of legislation that is very important to me 
and the people of my State.
  H.R. 2505 was passed by the House on September 26, 1996, at that time 
I had the legislation held at the desk in the Senate and continually 
tried to get it passed. Unfortunately, I was told that there was a 
Democratic hold on this legislation and it would not be able to move 
through the Senate in the final hours. I am deeply disappointed by this 
and am even more disturbed knowing that it was the result of a 
political decision and not one based on substance.
  H.R. 2505 is a bill to amend the Alaska Native Claims Settlement Act 
to make certain clarifications to the land bank protection provisions, 
and for other purposes. I supported all of the provisions in this 
package, Mr. President, and am very disappointed that it was not 
allowed to move forward on the floor of the U.S. Senate. The greatest 
consequence the failure to pass this legislation will have on the 
people of Alaska will be felt most severely in the Calista region.
  Section 5 of H.R. 2505 implements a land exchange with the Calista 
Corporation, an Alaska Native regional corporation organized under the 
authority of the Alaska Native Claims Settlement Act. This exchange, 
originally authorized in 1991, by Public Law 102-172, would provide for 
the United States to acquire approximately 225,000 acres of Calista and 
village corporation lands and interests in lands within the Yukon Delta 
National Wildlife Refuge in southwestern Alaska.
  The refuge serves as important habitat and breeding and nesting 
grounds for a variety of fish and wildlife, including numerous species 
of migratory birds and waterfowl. As a result, the

[[Page S12457]]

Calista exchange will enhance the conservation and protection of these 
vital habitats and thereby further the purpose of ANCSA and the Alaska 
National Interest Lands Conservation Act.
  In addition to conservation benefits, this exchange will also render 
much needed economic benefit to the Yupik Eskimo people of southwestern 
Alaska. The Calista region is burdened by some of the harshest economic 
and social conditions in the Nation. As a result of this exchange, the 
Calista Corporation will be better able to make the kind of investments 
that will improve the region's economy and the lives of the Yupik 
people. In this regard, this provision furthers and carries out the 
underlying purposes of ANCSA.
  This provision, is, in part, the result of discussions by the various 
interested parties. As a result of those discussions, a number of 
modifications were made to the original package of lands offered for 
exchange. Chief among these were the addition of another 27,000 acres 
of surface estate--fee and conservation easements--of village 
corporation lands, as well as the Calista subsurface estate lying 
underneath those lands, and the removal of the Tuluksak mineralized 
parcel from the exchange.
  In a last minute agreement to move the bill through the House, the 
total value of the exchange package was reduced by 25 percent to $30 
million. Such a reduction was unwarranted and seriously undermined the 
utility and benefit of the provision for the public and for Calista and 
the 12 village corporations involved. I intend to do all I can to 
restore this value to the exchange package next year and will call on 
my colleagues on both sides of the aisle to assist in remedying this 
problem.
  Mr. President, it is time to move forward with this exchange. It is 
my firm intent to see this exchange go forward so that the mutual 
benefits to Calista and to conservation of the natural resources within 
the region can be achieved.
  Following are some of the letters of support from conservationist for 
implementing the land exchange with Calista.
  The material follows:


                                     National Audubon Society,

                                     Anchorage, AK, July 10, 1996.
     Hon. Don Young,
     House Resources Committee,
     Washington, DC.
       Dear Congressman Young: I'm writing on behalf of the 
     National Audubon Society including its 2,200 Alaska members 
     to support your legislative efforts to achieve a land 
     exchange authorized in P.L. 102-172 for the benefit of the 
     Calista Corporation on the Yukon Delta National Wildlife 
     Refuge.
       Audubon recognizes the Yukon Delta National Wildlife Refuge 
     as among the premier waterfowl production areas on the 
     continent. Its wetland habitats produce an annual fall flight 
     of geese, ducks and swans that benefit thousands of hunters 
     and other wildlife enthusiasts throughout the Pacific Flyway. 
     Most importantly, these waterfowl along with millions of 
     other migratory birds, fish and game animals constitute the 
     mainstay of the region's subsistence economy.
       After having worked with Calista and other partners for 
     some 10 years on the Yukon-Kuskokwim Delta Goose Management 
     Plan, we are convinced that the majority of their 
     stockholders fully realize how essential the protection of 
     fish and wildlife habitat through flyway-wide cooperation is 
     to the future of their people and the wildlife that grace 
     their lives. Through the goose management plan, and with 
     Calista's cooperation, we are achieving great success in 
     restoring seriously depleted goose populations to healthy 
     levels. The proposed land exchange will further enhance these 
     and other joint efforts to conserve refuge fish and wildlife.
       We know that Calista has worked long and heard to negotiate 
     a fair and equitable administrative land exchange with the 
     Department of the Interior, but to no avail. Thus it appears 
     congressional action is required to resolve the matter in a 
     way that is most fair to Calista stockholders while providing 
     greater protection to refuge resources of great state and 
     national significance. We believe this can be accomplished by 
     exchanging approximately 28,000 acres of surface and 182,000 
     acres of subsurface estate for certain excess or surplus 
     government properties as P.L. 102-172 provides. With federal 
     acquisition monies becoming increasingly scarce, this seems 
     an innovative and practical approach to better conserve our 
     nation's wildlife heritage while helping the Calista 
     Corporation and its stockholders better secure their economic 
     future. In other words, this should be a win-win solution for 
     all concerned.
       Thank you for your leadership on this important issue, 
     Congressman Young, and for your consideration of our views.
           Sincerely,
                                                   David R. Cline,
     Senior Wildlife Counselor.
                                                                    ____



                                        Ducks Unlimited, Inc.,

                                    Washington, DC, June 21, 1996.
     Hon. Don Young,
     Hon. George Miller,
     Committee on Resources, U.S. House of Representatives, 
         Washington, DC.
       Dear Mr. Young and Mr. Miller: We are aware of a pending 
     land trade between the federal government and Calista Native 
     Corporation. The area that would be acquired by the U.S. Fish 
     and Wildlife Service in this swap is land that serves as a 
     very important waterfowl breeding area for the Pacific and 
     Central flyways of North America. Substantial portions of the 
     populations of several waterfowl and other bird species use 
     the Yukon-Kuskokwim river delta for breeding and as staging 
     and stopover habitat in their annual migratory cycle.
       I understand that you have legislation under consideration 
     that will facilitate a situation that allows the Fish and 
     Wildlife Service to acquire these lands. Ducks Unlimited is 
     in favor of assuring that these lands will be kept in a 
     condition that will allow these birds maximum opportunity to 
     complete their life cycle needs.
           Sincerely,
                                                 Scott Sutherland,
     Director of Governmental Affairs.
                                                                    ____

                                  Herndon, VA, September 18, 1995.
     Hon. Don Young,
     Chairman, House Resources Committee,
     Washington, DC.
       Dear Mr. Chairman: It has been brought to my attention that 
     you are considering early actions to further the land 
     exchange involving the Calista Regional Corporation (Calista) 
     originally authorized by P.L. 102-172. As an individual with 
     lengthy involvement in the implementation of the Alaska 
     Native Claims Settlement Act, passage of the Alaska National 
     Interest Lands Conservation Act, and numerous related Alaska 
     issues including efforts to achieve completion of the Calista 
     land exchange, I am writing this brief letter to express my 
     support for actions that will further a fair and equitable 
     exchange that benefits both the shareholders of Calista and 
     the conservation interests of the Federal Government. You may 
     recall that for nearly eight years I was in charge of the 
     Fish and Wildlife Service efforts to support the 
     Administration's proposals under Section 17(d)(2) of the 
     ANCSA. In that capacity, I was directly involved with many 
     discussions in the government and the Native leaders in the 
     region and villages. Since leaving that FWS position, I 
     continued having periodic involvements in Alaska matters. I 
     am thoroughly familiar with the exchange provision in law and 
     the efforts made by Calista to reach accord with the 
     Department of the Interior.
       It has been my intent to write you a more detailed analysis 
     of the difficulties that have afflicted the Calista exchange 
     and to offer my support for your efforts to remove major 
     impediments. The suddenness of the potential actions in your 
     committee necessitate sending this shorter communication on 
     the subject.
       The Calista Corporation has invested substantial resources 
     and time in their efforts to resolve concerns within the 
     Department of the Interior and to move forward with an 
     exchange that represents fairness to the corporation and 
     reasonable benefits to the government. Unfortunately, even 
     with those tangible and resolute overtures by Calista, the 
     exchange process never achieved the level of meaningful two-
     way communication necessary to resolve serious differences in 
     approach. Thus, although I had sincerely hoped that a 
     beneficial and just reconciliation of differences would be 
     negotiated, there has been no real progress in this matter 
     for more than a year.
       Mr. Chairman, even while we have had differences through 
     the years, each of us have worked in his own way for self-
     determination, fairness and equity for the Native peoples of 
     your great state. I believe that Calista has made an 
     honorable offer of lands and interests in lands that would 
     benefit the long-term conservation and management of the 
     Yukon Delta National Wildlife Refuge. They have sought 
     fairness in the terms of the exchange, but they have been 
     unable to engage the Interior Department representatives in 
     meaningful negotiations. It appears necessary and important 
     for you to assist Calista toward a just exchange arrangement 
     that also provides the refuge with benefits at a fair cost. I 
     will strongly support actions to accomplish those worthy 
     goals.
           Sincerely yours,
     William C. Reffalt.
                                                                    ____

                                     Anchorage, AK, June 24, 1998.
     Speaker Newt Gingrich,
     Rayburn House Office Building,
     Washington, DC.
       Dear Speaker Gingrich: I am writing to you in strong 
     support of the Calista land exchange in H.R. 2505 and urge 
     that you act on this measure as quickly as possible. As a 
     long time resident of Alaska and someone concerned with 
     conservation and sustainable economic development, I cannot 
     overstate to you how important this exchange is--both to the 
     people and the resources of the Calista region.
       The Calista land exchange involves outstanding fish and 
     wildlife habitat located within the Yukon Delta National 
     Wildlife Refuge (YDNWR). The Yukon Delta is one of

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     the most unique and productive delta ecosystems in the world. 
     And, it is a place of my heart.
       Twenty years ago, I first experienced the Yukon Delta as my 
     brother and I paddled by canoe over two thousand miles from 
     the Great Slave Lake in the Northwest Territories of Canada 
     across the old fur-trade route to the Yukon river, and then 
     down to the Bering Sea. To us, the Yukon Delta had become an 
     almost mythical destination. But, by the time we had reached 
     the delta, we had become excited about ``ending'' our 
     expedition, sponsored by Old Town Canoe Company, and we were 
     eager to fly out. What we found there surprised and delighted 
     both of us--a gentle and calm beauty and abundance neither of 
     us had anticipated. This was, in our two-thousand mile 
     journey, one of the most special places we had encountered. 
     We decided to stay awhile.
       Later, as the University of Alaska's marine extension agent 
     for western Alaska for several years based in Kotzebue, I 
     returned to the area many times attempting to help the local 
     people develop a commercial economy. I came to realize then 
     what I learned at the end of our canoe expedition--that the 
     highest and best use of this delta was in preserving it 
     intact, just as it was.
       This is something that I think the local people came to 
     realize long ago. Thousands of geese, ducks, loons, cranes, 
     and swans, as well as seabirds and shorebirds migrate to this 
     spectacular refuge every summer to breed and raise their 
     young. The wetlands that exist on the Calista inholdings 
     within the refuge provide critical habitat for many species 
     of birds, fish, and mammals, making these areas an integral 
     part of the ecosystem. Because wildlife do not often 
     subscribe to politically constructed boundaries, any 
     consideration for conserving this extraordinary ecosystem as 
     a national wildlife refuge must include the Calista lands. It 
     is crucial that Calista lands be protected in a manner 
     consistent with the management objectives of the refuge.
       Unlike some Alaska Native corporations, it has been very 
     difficult for the Native people of the Calista region to 
     translate their land endowment into financial capital that 
     can be used to provide shareholder dividends and to develop 
     real, long-term cash economies.
       Thus, the exchange proposed in H.R. 2505 is somewhat 
     sublime--surplus federal property for conservation. It could 
     well become the U.S. version of the debt-for-nature exchanges 
     now underway between international lending institutions and 
     third-world countries to preserve dwindling habitat.
       This exchange, if approved, will help to protect ancestral 
     lands and wildlife habitat, and it will provide Calista the 
     money with which to hopefully jumpstart profitable business 
     ventures elsewhere. I hope your action might also help 
     alleviate other social problems in the region, such as the 
     alarmingly high rates of suicide, infant mortality, 
     hepatitis, meningitis, tuberculosis, alcoholism and 
     unemployment.
       This is a chance to do something right, that will be 
     remembered as such in history. Seldom do we get such a 
     chance. It is my sincere hope that this exchange will be the 
     first of many, bringing conservation, social, cultural, and 
     economic benefits to rural Alaska.
       I urge that you take immediate action to ensure that this, 
     and many other similar exchanges, are enacted.
           Sincerely,

                                                 Rick Steiner,

                                            The Coastal Coalition,
     Anchorage, AK.
                                                                    ____



                                        The Conservation Fund,

                            Shepherdstown, WV, September 22, 1995.
     Hon. Ted Stevens,
     U.S. Senate,
     Washington, DC.
       Dear Senator Stevens: As I understand it, you are 
     considering legislative steps to implement the land exchange 
     authorized in P.L. 102-172 for the benefit of the Calista 
     Corporation and of the Yukon Delta National Wildlife Refuge. 
     I am writing to you to voice my support for efforts in 
     Congress to complete this exchange, which I believe would be 
     of substantial benefit to the conservation of wildlife refuge 
     resources in the Yukon Delta region.
       By way of background, as you may know, I was with the U.S. 
     Fish and Wildlife Service (USFWS) for 24 years. Three of 
     those years were spent as the Alaska Regional Director of the 
     USFWS from 1983 until 1987 and two years as the Associate 
     Director in Washington, D.C. Since my retirement from 
     government, I have served as the Director of Science for the 
     Conservation Fund, a publicly supported non-profit 
     organization dedicated to advancing land and water 
     conservation.
       From studying the Calista land exchange, it appears that 
     approximately 28,000 acres of fee or fee entitlement would be 
     involved and 182,000 acres of subsurface estate. Given the 
     nature of the lands in the Yukon Delta region, acquiring the 
     subsurface estate as proposed will go a long way toward 
     conserving the resources of the surface estate which contains 
     critical fish and wildlife habitat in the northern sector of 
     the Pacific Flyway. This is a wildlife refuge of tremendous 
     resources clearly worthy of special conservation efforts.
       The exchange would make productive and creative use of 
     certain excess or surplus government property in exchange for 
     lands and interests in lands to be conserved. This seems to 
     be a sensible approach to assist conservation while at the 
     same time providing a means to enable an Alaska native 
     Corporation to serve the most populous, undeveloped and the 
     poorest Native region in the state. This is especially true 
     considering the few dimes on the excess or surplus property 
     dollar often associated with the sale of such lands in the 
     Federal portfolio.
       I know that it has been difficult bringing this exchange to 
     a successful conclusion. I believe, as you apparently do, 
     that the time has come to resolve this in an expeditious way 
     that is fair and reasonable for the landowner and for the 
     government. As in the past, when a process gets so bogged 
     down for whatever reason, that is it unable to deal fairly 
     and effectively with an issue, it is likely that the Congress 
     will need to step in to help achieve an equitable resolution. 
     It appears that is the case here.
       Thank you again for your consideration of my views on this 
     matter and I strongly urge you and your colleagues to take 
     action soon to implement this land exchange.
           Sincerely,
     Robert E. Putz, Ph.D.
                                                                    ____

         California State Division, The Izaak Walton League of 
           America,
                                                    June 11, 1996.
     Hon. Don Young,
     Chairman, House Resources Committee,
     Washington, DC.
       Dear Mr. Chairman: The California Division of the Izaak 
     Walton League of America is a non-profit grassroots 
     organization whose members are dedicated to outdoor 
     recreation and the conservation and the preservation of our 
     natural resources. On behalf of the 500 members statewide, I 
     am writing to offer my support of legislation that would 
     facilitate the Calista Land transfers authorized by congress 
     in 1991 and urge that this important measure be enacted 
     expeditiously.
       This measure would help conserve and protect critical 
     wildlife habitat located within the Yukon Delta National 
     Wildlife Refuge (YDNWR) in the Calista region of Alaska. Much 
     of the terrain involved provides low lying coastal habitat 
     for waterfowl, fish and other wildlife typical of the Calista 
     Region and the YDNWR. The YDNWR was established in 1980, 
     pursuant to the Alaska National Interest Lands Act, to 
     protect nesting and breeding habitats for large numbers of 
     migratory birds. Millions of geese, duck, loons, cranes, and 
     swans, as well as shorebirds and seabirds migrate to the 
     spectacular refuge every summer to breed and raise their 
     young. The wetlands that exist on these in holdings are world 
     class and serve as unparalleled habitat for many species of 
     birds and other wildlife.
       The specific wildlife that would be protected by this 
     exchange is outstanding. For example, Pacific Bract, White 
     Fronted Geese, Cackling Canada Geese and Emperor Geese nest 
     on the parcels in the exchange. These birds are all ``species 
     of Concern'' under the Migratory Bird Treaty Act. Their 
     numbers have been declining precipitously. All waterfowl in 
     the refuge, except for the Emperor Geese, use the Pacific 
     flyway, wintering over at various locations along the U.S. 
     West Coast and Mexico. In addition, most shorebirds nesting 
     in the refuge also migrate along this flyway, wintering as 
     far away as South America. Wintering overgrounds are where 
     birds spend at least half of their lives. Securing the 
     stability of these waterfowl populations' nesting and 
     overwintering grounds must remain a priority if these 
     populations are to thrive. The Calista land exchanges would 
     enhance this overall protection.
       The Calista exchange involves both surface and sub-surface 
     estates. Given the access and other rights of the subsurface 
     estate owner to use and otherwise disturb the surface estate, 
     in order to adequately protect the wildlife and associated 
     habitats, it is imperative that the subsurface estate be 
     protected as well. Consequently, acquisition of subsurface 
     estates is crucial to carrying out the overall purposes of 
     the refuge.
       In closing, if adequately protected, the wilderness lands 
     offered by the Calista inholdings will create a legacy of the 
     world class natural resources in the Yukon Delta National 
     Wildlife Refuge that can be shared by anglers, hunters, 
     boaters, ecotourists, wildlife viewers and subsistence users 
     alike.
           Sincerely,
                                              Samuel A. Carr, Jr.,
     National Director.

                          ____________________