[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Extensions of Remarks]
[Pages E54-E55]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       THE LIBERATION OF NAVASSA AND DESECHEO ISLANDS BEGINS ANEW

                                 ______
                                 

                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                       Tuesday, January 25, 2005

  Mr. RAHALL. Mr. Speaker, 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.
  Last year, I informed this House of the case of two tiny islands in 
the western Carribean. It is a story worth repeating.
  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 
and 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 20 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.

  It has also come to my attention recently that Ham radio operators 
have also been denied access to the Farallon National Wildlife Refuge 
located off the California coast 28 miles from San Francisco, even 
though this refuge allows access by special use permits. Moreover, 
there are eight broadcast antennae already on one of the islands that 
provide radio communications and the transmission of weather and 
seismic information to the mainland.
  This is an instance of outrageous administrative arrogance to deny 
permits 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.

[[Page E55]]

  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 provide public access, use of, 
and recreational opportunities to resolve this particular dispute. 
Second, the legislation would require the Service to establish at least 
one period of time each year for public access to each refuge.
  Of great importance to me, 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.
  Another benefit of this legislation will be to help harmonize 
existing use policies at these 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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