[Congressional Record Volume 150, Number 131 (Tuesday, November 16, 2004)]
[Extensions of Remarks]
[Page E1978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THE LIBERATION OF NAVASSA AND DESECHEO ISLANDS BEGINS

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                        HON. NICK J. RAHALL, II

                            of west virginia

                    in the house of representatives

                       Tuesday, November 16, 2004

  Mr. RAHALL. Mr. Speaker, in my capacity as the ranking Democratic 
member on the Committee on Resources, it has been both a pleasure and 
an honor to oversee the management of our Federal public lands and 
resources.
  It is not an exaggeration to say that our system of public lands--our 
parks, forests, refuges and wilderness areas--is second to none when it 
comes to providing world-class opportunities for Americans to enjoy 
outdoor recreation. That is, of course, when the general public is 
actually allowed to access and use their public lands.
  Regardless of the fact that the Federal Government holds land in 
trust for the American people, sadly it appears that what the people 
own, the people may not necessarily ever get to use.
  This is the case with two tiny islands in the Western Caribbean. 
Navassa and Desecheo islands have interesting histories, but I doubt 
most Americans even know they exist, let alone that the islands are, in 
fact, part of our very own country.
  The story of Navassa Island is a classic tale of American capitalism. 
It came to be part of America in the late 1800's through the mining and 
sale of petrified bird guano--yes, guano--as fertilizer. It is also the 
site of one of our Nation's early, ugly labor disputes. Over time, 
guano went out of fashion, but the outpost served a new purpose for 80 
years, as a light source to guide ships through the islands of the 
Caribbean. In 1996, with the advent of new technologies, the lighthouse 
went dark. The property, however, remained part of the U.S.
  Eventually that island and Desecheo Island, a former military 
training range, were incorporated into the National Wildlife Refuge 
system. The designation rightfully recognizes the unique qualities of 
the two islands, which are rich in uncommon plant and animal life. But, 
in turn, it has also led to their being essentially fenced off from the 
people who own them--the American public. For in fact, today, the Fish 
& Wildlife Service bars legal access to these two islands apparently 
under any circumstance.
  That might be the end of the story, were it not for a group of Ham 
radio operators, who, after having been granted special use access to 
these public lands for twenty years, were suddenly denied permission to 
visit the islands to broadcast
  Indeed, for no sensible reason, the Fish and Wildlife Service--the 
same agency that had been granting access to these radio operators--
arbitrarily reversed course and denied permits for a non-controversial 
recreational activity that had been approved for two decades of 
responsible and uneventful public use.
  Not only did the agency cut off these broadcasters, it did so even 
after they agreed to assume all liability, to submit to any regulation 
or permit condition, and even to pay all administrative, management and 
travel costs for the Federal agency to remove all financial and 
logistical hurdles.
  This is an instance of outrageous administrative arrogance to deny a 
permit for a recreational use that has been shown to be harmless to 
fish and wildlife. Public recreation at our National Wildlife Refuges 
is as much a part of the history of Refuge System as the critters 
themselves.
  The Secretary of the Interior has been given congressional authority 
to grant special use permits for just such circumstances, when a public 
use is not incompatible with the purpose of the refuge. Yet, for some 
reason that escapes me, this Secretary will not budge. In the case of 
these two islands, the Secretary's discretionary powers amount to 
guano.
  Such hubris cannot be allowed to stand unchallenged. Along with my 
colleague, the Chairman of the Resources Committee, Richard Pombo, I am 
introducing today legislation to address this deplorable situation and 
to restore the public's right of access to its Federal public lands. 
The liberation of Navassa and Desecheo Islands begins today.
  This legislation would accomplish two main goals. First, it would 
require the Fish and Wildlife Service to issue regulations within 120 
days after the bill's enactment to resolve this particular dispute. 
Second, to ensure access at both refuges the legislation would require 
the Service to establish at least one period of time each year for 
public access for each island.
  Language authorizing the Service to specify use periods and to attach 
reasonable permit restrictions in order to protect resources and public 
safety should provide adequate flexibility to balance the competing 
interests of resource protection and public recreation.
  Also important, this legislation will help to harmonize existing use 
policies in regard to Navassa and Desecheo Refuges with three other 
remote refuges in the Pacific--Baker Island, Johnson Island and Jarvis 
Island. These three refuges, all accessible by way of special use 
permits, show plainly that controlled public recreational access is 
possible even at extremely remote and fragile refuges. In fact, the ham 
radio operators were successful in securing a permit to visit Baker 
Island as recently as 2002. In fairness, the same access should be 
provided to Navassa Island and Desecheo.
  I am fully aware of the Service's need to balance public access with 
the Refuge System's overall ``wildlife first'' mission.
  The Service cannot, however, be allowed to selectively choose to 
implement those parts of its authority it favors but ignore those 
requirements to provide for public recreation which are clearly stated 
in existing law.
  I urge members to support this important legislation.

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