[Congressional Record Volume 148, Number 151 (Wednesday, November 20, 2002)]
[Senate]
[Pages S11723-S11725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE QUIET EROSION OF OUR FEDERAL LANDS IN ALASKA

  Mr. LEAHY. Mr. President, every year we get to this point at the end 
of a Congress where many bills get packaged together and move through 
under unanimous consent. Usually this process works well and gives each 
of us an opportunity to work out concerns we might have about any 
particular bill. Unfortunately, last night two bills were approved that 
should have received much greater scrutiny by the full Senate. Instead, 
they squeaked through because the proponents cleverly bundled them with 
over 100 other uncontroversial, local-interest bills.
  Together, the Cape Fox Land Entitlement Adjustment Act and the 
University of Alaska lands bill will give away huge chunks of our 
federal lands in Alaska. Individually, they represent what I fear will 
be facing us in the near future--the quiet erosion of our federal lands 
for the benefit of private interests. These bills turn over more than 
260,000 acres of federal lands in Alaska without addressing fundamental 
public concerns about public access, logging, roadless areas and the 
impact on fish and wildlife.
  Both of these bills are opposed by many Alaska and national 
environmental organizations.
  I ask unanimous consent to have printed in the Record two letters, 
dated July 16, 2002 and September 4, 2002, outlining some of their 
concerns that were not heard as these bills were being rushed to the 
floor and passed last night.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

   Alaska Coalition, Alaska Conservation Voters/Alaska Conservation 
 Alliance, Alaska Rainforest Campaign, Alaska Wilderness League, Earth 
  Justice, Eyak Preservation Council, Mineral Policy Center, National 
   Audubon Society, National Wildlife Federation, Natural Resources 
Defense Council, League of Conservation Voters, Scenic America, Sierra 
  Club, Southeast Alaska Conservation Council, The Endangered Species 
             Coalition, The Wilderness Society, U.S. PIRG,

                                                    July 16, 2002.
     Hon. Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
       Dear Chairman Bingaman: We are writing you to urge you to 
     oppose S. 2222, the Cape Fox Entitlement Adjustment Act of 
     2002. Introduced earlier this year by Senator Frank Murkowski 
     (R-AK), and currently being considered by the Energy and 
     Natural Resources Committee, this bill is an attempt to 
     benefit special interests by giving away valuable Tongass 
     National Forest lands--lands owned by all Americans. Opposed 
     by many Southeast Alaskans, S. 2222 attempts to trade the 
     Tongass for commercial development including clear cutting 
     and mining.
       This bill proposes to give Cape Fox and Sealaska 
     Corporations more than 11,000 acres of valuable Tongass 
     National Forest lands in Berners Bay near Juneau in return 
     for 3,000 acres of mostly roaded and clearcut lands near 
     Ketchikan and certain subsurface rights. With the transfer of 
     the publicly owned lands, the Corporations gain the rights to 
     log, subdivide, sell, or develop this swath of land on the 
     northwest side of Berners Bay. Despite the importance of 
     Berners Bay to Alaskan residents, Senator Murkowski has not 
     held a local hearing on the land exchange issue in Juneau. 
     This bill is bad public policy and should not see the light 
     of day.
       Berners Bay is one of Juneau's most important recreation 
     areas for kayaking, hunting, camping, bird watching, 
     commercial touring and many other activities. The traded 
     lands could be closed to public access, beautiful views and 
     hunting grounds replaced with stumps and no trespassing 
     signs. The Bay contains abundant wildlife, including four 
     species of salmon, wolves and brown and black bears. It is an 
     important stopover for migratory birds as well as foraging 
     grounds for Steller sea lions.
       The Alaska Department of Fish and Game, City and Borough of 
     Juneau, and commercial

[[Page S11724]]

     fishermen have long supported protection of Berners Bay's 
     high value fisheries and vast recreational opportunities. 
     Additionally, the Auk Kwaan tribe, original settlers of the 
     area, recognizes Berners Bay as an integral part of their 
     traditional territory. These ancestral lands contain village 
     site, burial grounds, and the sacred Spirit Mountain. Berners 
     Bay is a critically important wild area for southeast Alaska 
     residents and visitors alike.
       The public lands to be given away include Slate Lake, where 
     the Coeur d'Alene Mines Corporation anticipates dumping mine 
     tailings from its proposed Kensington gold mine. Slates Lake 
     is perched above a productive salmon stream in Berners Bay. 
     Giving away these lands would risk contaminating the land and 
     harming its irreplaceable natural resources.
       Again, we urge you to oppose S. 2222. Please do not 
     schedule a mark-up of this bill by the committee. The Tongass 
     National Forest is a national treasure that deserves to be 
     treated with care and in the best interest of the American 
     people.
           Sincerely,
         Tim Bristol, Executive Director, Alaska Coalition; Tim 
           Atkinson, Executive Director, Alaska Conservation 
           Voters; Michael Finkelstein, Campaign Director,, Alaska 
           Rainforest Campaign; Cindy Shogan, Executive Director, 
           Alaska Wilderness League; Dune Lankard, Executive 
           Director, Eyak Preservation Council; Vawter Parker, 
           Executive Director, Earth Justice; Deb Callahan, 
           President, League of Conservation Voters; Stephen 
           D'Esposito, President, Mineral Policy Center; Bob 
           Perciasepe, Senior Vice President, National Audubon 
           Society; Jamie Rappaport Clark, Senior Vice President, 
           National Wildlife Federation; John Adams, President, 
           Natural Resources Defense Council; Meg Maquire, 
           President, Scenic America; Carl Pope, Executive 
           Director, Sierra Club; Jeremy Anderson, Executive 
           Director, Southeast Alaska Conservation Council; Bill 
           Meadows, President, The Wilderness Society; Brock 
           Evans, Executive Director, The Endangered Species 
           Coalition; Gene Karpinski, Executive Director, U.S. 
           Public Research Group.
                                  ____


Alaska Coalition, Alaska Rainforest Campaign, Alaska Wilderness League, 
   Earth Justice, Eyak Preservation Council, League of Conservation 
 Voters, Mineral Policy Center, National Wildlife Federation, Natural 
      Resources Defense Council, The Wilderness Society, US PIRG,

                                                September 4, 2002.
     The Hon. Harry Reid,
     U.S. Senate,
     Washington, DC.
       Dear Senator Reid, We are writing to urge you to keep S. 
     2222, the Cape Fox Land Entitlement Adjustment Act of 2002, 
     off the floor of the United States Senate. This bill was 
     introduced earlier this year by Senator Frank Murkowski (AK-
     R), and passed through the Energy and Natural Resources 
     Committee in late July.
       Even with the changes in language made during the mark-up 
     process, this bill is an attempt to benefit special interests 
     by giving away valuable Tongass National Forest lands, which 
     are owned by all Americans. Opposed by many Southeast 
     Alaskans, S. 2222 attempts to trade Tongass lands for 
     commercial development including clearcutting and mining.
       This bill proposes to give Cape Fox and Sealaska 
     Corporations more than 11,000 acres of valuable Tongass 
     National Forest lands in Berners Bay near Juneau in return 
     for 3,000 acres of mostly roaded and clearcut lands near 
     Ketchikan and certain subsurface rights. With the transfer of 
     the publicly owned lands, the Corporations gain the right to 
     log, subdivide, sell, or develop this swath of land on the 
     northwest side of Berners Bay. Despite the importance of 
     Berners Bay to Alaskan residents, Senator Murkowski has not 
     held a local hearing on the land exchange issue in Juneau, 
     nor had a public appraisal prepared prior to the passage of 
     this legislation through committee. We believe that a public 
     appraisal should be required before this legislation is 
     allowed to proceed. This bill is bad public policy, and is 
     another attempt by Senator Murkowski to appease special 
     interests during his governor's race.
       Berners Bay is one of Juneau's most important recreation 
     areas for kayaking, hunting, camping, bird watching, 
     commercial touring and many other activities. The traded 
     lands could be closed to public access, and beautiful views 
     and hunting grounds replaced with stumps and no trespassing 
     signs.
       The Bay contains abundant wildlife, including four species 
     of salmon, wolves and brown and black bears. It is an 
     important stopover for migratory birds as well as foraging 
     grounds for Steller sea lions.
       The Alaska Department of Fish and Game, City and Borough of 
     Juneau, and commercial fishermen have long supported 
     protection of Berners Bay's high value fisheries and vast 
     recreational opportunities. Additionally, the Auk Kwaan 
     tribe, original settlers of the area, recognizes Berners Bay 
     as an integral part of their traditional territory. These 
     ancestral lands contain a village site, burial grounds, and 
     the sacred Spirit Mountain. Berners Bay is a critically 
     important wild area for southeast Alaska residents and 
     visitors alike.
       The public lands to be given away include Slate Lake, where 
     the Coeur d'Alene Mines Corporation anticipates dumping mine 
     tailings from its proposed Kensington gold mine. Slates Lake 
     is perched above a productive salmon stream in Berners Bay. 
     Giving away these lands would risk contaminating the land and 
     harming its irreplaceable natural resources.
       Again, we urge you to keep S. 2222 off the floor of the 
     United States Senate. The Tongass National Forest is a 
     national treasure that deserves to be treated with care and 
     in the best interest of the American people.
           Sincerely,
         Tim Bristol, Executive Director, Alaska Coalition; 
           Michael Finkelstein, Campaign Director, Alaska 
           Rainforest Campaign; Cindy Shogan, Executive Director, 
           Alaska Wilderness League; Dune Lankard, Executive 
           Director, Eyak Preservation Council; Vawter Parker, 
           Executive Director, Earth Justice; Stephen D'Esposito, 
           President, Mineral Policy Center; Carl Pope, Executive 
           Director, Sierra Club; Bill Meadows, President, The 
           Wilderness Society; Gene Karpinski, Executive Director, 
           U.S. Public Research Group; Jamie Rappaport Clark, 
           Senior Vice President, National Wildlife Federation; 
           Deb Callahan, President, League of Conservation Voters; 
           John Adams, President, Natural Resources Defense 
           Council.
  Mr. LEAHY. Mr. President, S. 2222 would privatize 12,000 acres of 
Tongass National Forest land in Berners Bay, a popular recreation area 
for residents of Juneau, Alaska. The two corporations--Sealaska and 
Cape Fox Corporations--that would receive title to the National Forest 
lands have a history of closing public access to their lands and 
heavily logging them. Most of the logs have been exported directly to 
Asia without any domestic processing. The provisions for old-growth 
reserves in the reported version of S. 2222 offer little protection. 
The vast majority of old-growth forest on the newly privatized National 
Forest lands could still be heavily logged and the logs shipped 
straight to Asia with no domestic manufacturing.
  Trading land to two Native corporations is not the only reason 
proponents so desperately wanted this bill to move this year though. 
The bill will also make it much easier for a mining corporation to open 
a gold mine adjacent to the national forest land being traded. The 
proposed Kensington mine is currently permitted to store its mine 
tailings on its own land. But the mine wants to reduce its operating 
costs by instead dumping its mine tailings in a pristine lake that 
conveniently is within the 12,000 acres being traded. EPA and the State 
of Alaska have written opinions suggesting that dumping tailings in 
this lake is likely illegal under the Clean Water Act.
  The potential environmental impact of the mine tailings dump and 
logging operation on the land will have long-term effects on an 
extremely rich salmon producing area. Berners Bay also contains 
abundant wildlife, such as wolves and brown and black bears that will 
be impacted by the increased activity in the area and water pollution 
generated by the mine and logging operations. By privatizing the land, 
the public will have little knowledge or say in how the mine and 
logging operations affect the recreational, hunting, fishing and 
ecological values of the bay.
  The fishing and tourism industries, both key to Southeast Alaska, 
will be largely shut out of any oversight of the operations even though 
it will likely have a direct impact on their financial well-being.
  The environmental and economic concerns about these land exchanges 
should raise enough red flags to demand much greater scrutiny from this 
body. On top of that, these bills also raise serious questions about 
the cost to taxpayers nationally of privatizing our public resources. 
In return for the 12,000 acres transferred to Cape Fox, taxpayers would 
get 3,000 acres of largely clearcut private lands and certain 
subsurface rights. There is no safeguard in the bill allowing the 
public to actually have a say in whether this is a good, or even fair, 
deal for taxpayers. The University of Alaska land exchange would turn 
over at least 250,000 acres of federal lands without a public process 
for approving or rejecting which lands actually get transferred. 
Instead, it is solely left to the Secretary of the Interior to decide.
  Again, these two bills are troubling enough on their own because of 
their environmental and economic impacts. However, the idea of trading 
away public lands with little or no public input

[[Page S11725]]

and no economic or environmental analysis is even more troubling. Over 
the years, our federal agencies and this body have done an admirable 
job of protecting these lands for the public, not for private 
interests. We should not start reversing that record now.

                          ____________________