[Senate Hearing 107-204]
[From the U.S. Government Publishing Office]
S. Hrg. 107-204
MISCELLANEOUS NATIONAL PARKS BILLS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
on
S. 423 S. 1105
S. 941 H.R. 640
S. 1057
__________
JULY 26, 2001
Printed for the use of the
Committee on Energy and Natural Resources
_______
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
DANIEL K. AKAKA, Hawaii FRANK H. MURKOWSKI, Alaska
BYRON L. DORGAN, North Dakota PETE V. DOMENICI, New Mexico
BOB GRAHAM, Florida DON NICKLES, Oklahoma
RON WYDEN, Oregon LARRY E. CRAIG, Idaho
TIM JOHNSON, South Dakota BEN NIGHTHORSE CAMPBELL, Colorado
MARY L. LANDRIEU, Louisiana CRAIG THOMAS, Wyoming
EVAN BAYH, Indiana RICHARD C. SHELBY, Alabama
DIANNE FEINSTEIN, California CONRAD BURNS, Montana
CHARLES E. SCHUMER, New York JON KYL, Arizona
MARIA CANTWELL, Washington CHUCK HAGEL, Nebraska
THOMAS R. CARPER, Delaware GORDON SMITH, Oregon
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
Brian P. Malnak, Republican Staff Director
James P. Beirne, Republican Chief Counsel
------
Subcommittee on National Parks
DANIEL K. AKAKA, Hawaii, Chairman
BYRON L. DORGAN, North Dakota CRAIG THOMAS, Wyoming
BOB GRAHAM, Florida BEN NIGHTHORSE CAMPBELL, Colorado
MARY L. LANDRIEU, Louisiana CONRAD BURNS, Montana
EVAN BAYH, Indiana GORDON SMITH, Oregon
CHARLES E. SCHUMER, New York CHUCK HAGEL, Nebraska
THOMAS R. CARPER, Delaware PETE V. DOMENICI, New Mexico
Jeff Bingaman and Frank H. Murkowski are Ex Officio Members of the
Subcommittee
John Watts, Counsel
Jeff Mow, Bevinetto Fellow
C O N T E N T S
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STATEMENTS
Page
Arnold, Ron, Director, Wyoming Office of State Lands and
Investments, Cheyenne, WY...................................... 29
Baird, Hon. Brian, U.S. Representative from Washington........... 6
Eshoo, Hon. Anna G., U.S. Representative from California......... 5
Feinstein, Hon. Dianne, U.S. Senator from California............. 2
Lantos, Hon. Tom, U.S. Representative from California............ 3
Leslie, Wayne, Kealakekua, HI.................................... 27
Medeiros, Jim, Sr., Honaunau, HI................................. 25
Reynolds, John J., Regional Director, Pacific West Region,
National Park Service, Department of the Interior, Oakland, CA,
accompanied by Chris Powell, Superintendent, Golden Gate
National Recreation Area....................................... 9
Rust, Audrey C., President, Peninsula Open Space Trust, Menlo
Park, CA....................................................... 32
Smith, Hon. Gordon, U.S. Senator from Oregon..................... 8
Thomas, Hon. Craig, U.S. Senator from Wyoming.................... 1
Wu, Hon. David, U.S. Representative from Oregon.................. 23
Wyden, Hon. Ron, U.S. Senator from Oregon........................ 10
APPENDIX
Additional material submitted for the record..................... 39
MISCELLANEOUS NATIONAL PARKS BILLS
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THURSDAY, JULY 26, 2001
U.S. Senate,
Subcommittee on National Parks,
Committee on Energy and Natural Resources,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:48 p.m. in
room SD-366, Dirksen Senate Office Building, Hon. Daniel K.
Akaka presiding.
OPENING STATEMENT OF HON. CRAIG THOMAS,
U.S. SENATOR FROM WYOMING
Senator Thomas. The chairman is held up for a little while.
I know some of you have commitments. We will go ahead and get
started, and I am sure he will be here soon.
Today, we will hear testimony on five legislative bills
regarding the National Park Service. Four of the bills adjust
boundaries and the fifth bill proposes an exchange to reduce
the number of inholdings in Grand Teton National Park.
I have introduced S. 1105, along with Senator Enzi, to
expedite the acquisition of State-owned inholdings within Grand
Teton Park. This legislation ensures that school trustlands
within the park will not be developed. In the past few years,
the State of Wyoming has become more aggressive in trying to
raise funds for their school trustlands.
Needless to say, the location of the school trustlands
within the park and being in close proximity to Jackson makes
them attractive, so we are hopeful that we can make an exchange
so there will not be the inholdings, the park can be better
managed, and the school sections will bring income back to the
schools.
In addition, since 1972, Congress has appropriated over $93
million of land acquisition to the Golden Gate Recreation Area.
In the 106th Congress we added an additional 105 acres to the
park at a cost of $3.5 million. This brings the total cost of
lands remaining to be acquired at $66 million.
Today, we are hearing testimony on authorizing an
additional acreage at a cost of $15 million. The National Park
Service has many land acquisition priorities. We need to ensure
that we do not tie up our commitments in one park unit.
There are also concerns about the north boundary of the
Golden Gate National Recreation Area. About 8 miles along
Highway 1, both local residents and businesses are continually
confused by signs on one side which read, Point Reyes National
Seashore. The sign on the other side reads, Golden Gate
National Recreation Area. Perhaps we ought to take a look at
those boundaries while we are looking at this bill.
Also, there are concerns about the amount of private land
within the boundaries of the Santa Monica Mountains National
Recreation Area. The situation here is that there are entire
neighborhoods and housing subdivisions within the boundary. We
are going to take a look at how we handle those subdivisions in
the recreation area.
So thank all of you for being here, and we will go ahead
and move--if you have no objection, Congressman Lantos, we will
just start and move right down.
[A prepared statement from Senator Feinstein follows:]
Prepared Statement of Hon. Dianne Feinstein, U.S. Senator
From California
Today, I am pleased to testify in support of legislation to add
approximately 5,000 acres of land to the Golden Gate National
Recreation Area in San Mateo County, and 3,700 acres to the Santa
Monica Mountains National Recreation Area in Ventura County,
California.
Both of these bills would help protect pristine natural land that
is critical habitat for various plant and animal species, and provide
outdoor recreational opportunities for millions of people.
The Golden Gate Recreational Area property to be added is one of
the most visible and important pieces of land on the San Mateo coast
north of Half Moon Bay. The largest parcel to be added is a 4,262 acre
stretch of land known as the Rancho Corral de Tierra. The Rancho Corral
de Tierra is one of the largest undeveloped tracts remaining on the San
Mateo Coast and is constantly under threat of development.
The mountainous property, which surrounds the coastal towns of Moss
Beach and Montara, was previously purchased by the Peninsula Open Space
Trust. The Trust has agreed to transfer the land for $30 million. The
Federal Government's share would be roughly $15 million. It is this
type of public-private partnership that Congress needs to support in
our efforts to preserve open space.
The ``Rancho Corral de Tierra Golden Gate National Recreation Area
Boundary Act of 2001'' has the support of the entire Bay Area
Congressional Delegation. Similar legislation is being introduced today
in the House of Representatives by Tom Lantos with co-sponsors Anna
Eshoo, Nancy Pelosi, George Miller, Lynn Woolsey, Ellen Tauscher, Pete
Stark, Mike Thompson, Barbara Lee, Mike Honda, and Zoe Lofgren.
The addition of the Rancho Corral de Tierra property will result in
the protection of all or part of four watersheds, and several
endangered species such as the peregrine falcon, San Bruno elfin
butterfly, San Francisco garter snake, and the red-legged frog.
Moreover, due to the coastal marine influence and dramatic altitude
changes, plants grow on the property that are found nowhere else in the
world.
This legislation will also reauthorize the Golden Gate National
Recreation Area and Point Reyes National Seashore Advisory Commission
for another 20 years. The Advisory Commission was established by
Congress in 1972 to provide for the free exchange of ideas between the
National Park Service and the public. The Commission holds open and
accessible public meetings monthly at which the public has an
opportunity to comment on park-related issues.
The Santa Monica Mountains Recreation Area stretches from West
Hollywood in California's Los Angeles County to Point Mugu in Ventura
County. This is the largest urban unit of the National Park System,
comprising more than 150,000 acres. It is home to a number of natural
communities ranging from freshwater wetlands to oak woodlands. It is a
critical haven for more than 450 species of animals, including the
bobcat and golden eagle.
Congressman Elton Gallegly's bill (H.R. 640) will add 3,700 acres
of donated public and private lands to the National Recreation Area at
no cost to the taxpayer. The 3,700 acres represent the last remaining
open space parcels connecting the Santa Monica Mountains and Simi Hills
across U.S. Highway 101. Protecting this corridor will promote greater
ecosystem health and biodiversity in the region, particularly for
larger mammals such as badgers, bobcats, and mountain lions.
I have always felt that protecting our nation's unique natural
areas should be one of our highest priorities. The Golden Gate National
Recreation Area and the Santa Monica Mountains Recreation Area are two
of our nation's most heavily visited urban national parks, in close
proximity to millions of people. I hope that members of the
Subcommittee on National Parks will join me in supporting these park
boundary adjustments. I would emphasize, Mr. Chairman, that all
transactions are between willing sellers and willing buyers, so I see
no reason why the Committee cannot report these measures expeditiously.
Thank you for allowing me to testify.
STATEMENT OF HON. TOM LANTOS,
U.S. REPRESENTATIVE FROM CALIFORNIA
Mr. Lantos. Well, Mr. Chairman, thank you very much for
holding this hearing, and I am delighted that I am accompanied
by my friend, colleague, and neighbor, Congresswoman Anna
Eshoo, who has been one of the leaders in the field of adding
spectacular pieces of California property to our perpetual
legacy that we leave for our children and our grandchildren,
and Audrey Rust, who is the president of the Peninsula Open
Space Trust, and under whose leadership the Peninsula Open
Space Trust has been responsible for the protection of
thousands of acres of land on the San Francisco peninsula, and
has been pivotal in bringing us to the point where we are with
respect to this acquisition.
With your permission, I would like to submit my prepared
statement and just summarize my observations.
Senator Thomas. It will be included fully in the record.
Mr. Lantos. I appreciate that, Mr. Chairman.
This GGNRA Boundary Adjustment Act of 2001 comprises three
major parcels of approximately 5,000 acres. I brought you, Mr.
Chairman, a set of photos that I would like to present to you.
Senator Thomas. Thank you.
Mr. Lantos. And as you look at them I think you will
probably agree with me that one's soul soars when one sees the
spectacular vistas.
Our legislation will be financed through a remarkable
public-private partnership, 50 percent Federal funding, 50
percent private and State funding. It is unanimously supported
not only by the congressional delegation of northern
California, both of our U.S. Senators, the county board of
supervisors, and a range of organizations much too long to
repeat.
Our legislation will protect four sensitive watersheds
containing steelhead trout, coho salmon, and others. We protect
rare and endangered plant and animal species. We protect
against development along this spectacular scenic California
coastline, and it provides recreational opportunities not only
for the millions of citizens of the San Francisco Bay Area, but
to the millions of our fellow citizens from all over the United
States, and literally millions of visitors from all over the
world.
I earnestly hope that this legislation will be expedited,
and I am deeply grateful for your time. I would like to turn
the microphone over to my friend, Anna Eshoo.
[The prepared statement of Mr. Lantos follows:]
Prepared Statement of Hon. Tom Lantos,
U.S. Representative From California
Mr. Chairman, members of the subcommittee, thank you for the
opportunity to appear before your subcommittee today. I am most
grateful that your subcommittee is holding hearings today on S. 941,
the ``Rancho Corral de Tierra Golden Gate National Recreation Area
Boundary Adjustment Act of 2001''. I am the principal sponsor of the
companion legislation to S. 941 in the U.S. House of Representatives
(H.R. 1953). S. 941 will add over 5,000 acres of pristine natural land
to the Golden Gate National Recreation Area (GGNRA), one of our
nation's most visited national parks. The legislation is sponsored by
both California Senators Dianne Feinstein and Barbara Boxer and has the
strong and enthusiastic support of the entire Bay Area Congressional
Delegation.
Mr. Chairman, the GGNRA is a true national treasure. It provides
open space and recreation in the midst of a densely populated urban
area and it is one of our Nation's most heavily used national parks. S.
941 would adjust the boundary of the GGNRA to permit the inclusion of
lands directly adjacent to existing parkland as well as nearby lands
along the Pacific Ocean. The upper parcels of land offer spectacular
vistas, sweeping coastal and bay views and stunning headland scenery.
Inclusion of these lands would also protect the important habitats of
several species of rare or endangered plants and animals.
The new additions to the GGNRA will be accessible to more than 6
million people who live within a one hour's drive of the park and will
provide national park programs and experiences to millions of national
and international visitors. The dramatic ascent of Montara Mountain
from the sea, 2,000 feet in just over 1 mile, is a spectacular sight
not duplicated anywhere else in the Park and in few other places on the
California coast. And we can accomplish permanent protection of these
lands through a tripartite partnership involving Federal, State and
private contributions.
THREE IMPORTANT NEW ADDITIONS TO GGNRA
The Rancho Corral de Tierra Golden Gate National Recreation Area
Boundary Adjustment Act of 2001 contains three important additions to
the GGNRA. The largest parcel, the Rancho Corral de Tierra addition is
one of the largest undeveloped parcels on the San Mateo coast. It is
comprised of the four main peaks of Montara Mountain rising 2,000 feet
from sea level. This 4,262-acre property includes a panorama of amazing
views, important watersheds, miles of public trails, and an incredible
array of wildlife and plantlife. The Rancho Corral de Tierra shares
three miles of boundary with the GGNRA. Its relatively untouched upper
elevations preserve rare habitat for several threatened and endangered
plant and animal species. The property also contains four important
coastal watersheds, which proved riparian corridors for steel head
trout, coho salmon and other aquatic species.
S. 941 also authorizes the National Park Service to include within
the GGNRA the Martini Creek-Devil's Slide Bypass right-of-way, which
was purchased by the California Department of Transportation (Caltrans)
to build a highway across Montara Mountain. When San Mateo voters
overwhelmingly decided in a local referendum in favor of building the
Devil's Slide tunnel rather than the Martini Creek Bypass, this right-
of-way became obsolete. This property covers approximately 300 acres
and divides the Rancho Corral de Tierra property and connects the
proposed additions to the GGNRA to existing State parkland, creating a
seamless belt of parkland. Once the GGNRA boundary is adjusted through
this legislation to include this right-of-way, Caltrans will be able to
donate the property to the National Park Service.
S. 941 also authorizes the National Park Service to include within
the GGNRA boundaries approximately 500 acres of land along the Devil's
Slide section of Coastal Highway 1, the scenic highway that winds its
way along the entire California coast. These properties will make a
logical addition to the park by filling in gaps to adjacent and
existing State and Federal parkland. Caltrans either already owns or
will acquire these lands when it builds the Devil's Slide tunnel and
will then donate these properties for open space use after the tunnel
is built. It is not the intention of this legislation, Mr. Chairman, to
interfere with Caltrans' responsibility for building the tunnel at
Devil's Slide. This legislation will simply make it possible for
Caltrans or any other state or local agency to donate th6se properties
to the National Park Service when the Devil's Slide tunnel is completed
and when the National Park Service has determined that the acquisition
of these lands is appropriate.
PRIVATE-PUBLIC PARTNERSHIP
Mr. Chairman, the Rancho Corral de Tierra Golden Gate National
Recreation Area Boundary Adjustment Act provides the federal government
a unique opportunity to place approximately 5,000 new acres of pristine
land under permanent protection. The Peninsula Open Space Trust (POST)
purchased the Rancho Corral de Tierra site for $29.75 million to save
the site from development and to preserve this important natural area.
POST is a local land conservancy trust in the San Francisco Bay Area
and has a remarkable track record in working with and assisting the
federal government with the protection of other important open space in
the Bay Area. POST has offered to donate a significant amount towards
the federal acquisition of the Rancho Corral de Tierra property through
private contributions.
Under this legislation, the Rancho Corral de Tierra will be
preserved through a tripartite partnership between the National Park
Service, California State Parks and the Peninsula Open Space Trust. For
the Corral de Tierra property, we will seek 50% of the acquisition from
the federal government and 50% through state and private contributions.
The other properties will be donated by Caltrans.
STRONG LOCAL SUPPORT
S. 941 enjoys strong local support. The Golden Gate National
Recreation Area and Point Reyes National Seashore Citizens Advisory
Commission adopted a resolution endorsing this legislation and
supporting the addition of these areas into the GGNRA after holding a
public hearing and receiving public comment from local residents. The
San Mateo County Board of Supervisors also passed a resolution
supporting enactment of S. 941. The legislation also has the strong
support of local environmental advocacy and preservation groups. The
proposed additions were studied by POST in accordance with National
Park Service criteria and in consultation with National Park Service
staff. The study found that the three tracts of land meet the criteria
for additions to units of the National Park Service. The study found
that the properties will preserve significant natural, scenic and
recreational resources that are equal to or unparalleled in the Golden
Gate National Recreation Area.
S. 941 REAUTHORIZES CITIZENS ADVISORY COMMISSION
S. 941 will also reauthorize the Golden Gate National Recreation
Area and Point Reyes National Seashore Citizens Advisory Commission for
an additional 20 years. The Advisory Commission has been an invaluable
resource for park management since its inception in 1972. It provides
an important forum for the gathering and receipt of public input,
public opinion and public comment and allows the park to maintain
constructive and informal contacts with both the private sector and
other federal, state and local public agencies. The Advisory Commission
aids in strengthening the spirit of cooperation between the National
Park Service and the public, encourages private cooperation with otter
public agencies, and assists in developing and ensuring that the park's
general management plan is implemented.
CONCLUSION
Mr. Chairman, preserving our country's unique natural areas must be
one of our highest national priorities, and it is one of my highest
priorities as a Member of Congress. We must preserve and protect these
unique and rare areas for our children and grandchildren today or they
will be lost forever. Adding these news lands to the GGNRA will provide
greater recreational opportunities for the public to enjoy and will
allow us to protect these fragile natural areas from encroaching
development or other inappropriate uses which would destroy the scenic
beauty and natural character of this key part of the California coast.
The California coast is a true national treasure and with your help we
can preserve it for the generations that follow us. I strongly urge
your support of S. 941, the Rancho Corral de Tierra Golden Gate
National Recreation Area Boundary Adjustment Act of 2001.
Thank you.
STATEMENT OF HON. ANNA G. ESHOO,
U.S. REPRESENTATIVE FROM CALIFORNIA
Ms. Eshoo. Thank you. Thank you to my colleague, my
wonderful colleague, Tom Lantos, and to you, Mr. Chairman, for
welcoming us and giving us a moment to speak on behalf of an
acquisition that we in the bay area, in northern California, in
California, and as Americans I think will all be able to
applaud and be proud of.
I promise to be brief. We not only have a vote on, but we
do not want to wear out our welcome. The project enjoys across-
the-board support. There is not any opposition, and we in
Congress like to see these issues settled at home so that we do
not have to become referees, so the meritoriousness of the case
has been applauded and embraced by not only organizations, but
by elected officials, city and county, and the people at home.
It is a smart investment of the taxpayers' Federal dollar.
Why? Because we are not asking the Federal Government to put
all of the money up. Audrey Rust, if you really knew her, Mr.
Chairman, you would want to take her to your State. She is the
best of the best, and so private dollars are being invested in
this as a magnate for public funds, and so it is, as we say,
half and half.
I think that this project really speaks to some of the
deepest values of the American people. In the bay area, the
GGNRA is not just the jewel in the crown, it is the crown, and
I would like to think of the addition--good afternoon, Mr.
Chairman--the addition of and the acquisition of these pieces
of land becoming the southern gateway to the Golden Gate
National Recreation Area that we will be taking jewels and
adding them to that crown.
So on behalf of my constituents, my colleagues in the
House, and my gratitude to our two Senators, your colleagues,
Senators Feinstein and Boxer, and to all the members of this
committee, but most especially the chairman and you, Senator
Craig, we thank you for this opportunity to come and speak on
behalf of something that we just could not be prouder of, and
stand behind, and look for your very important support to make
this great dream come true.
Thank you. Can I give these to you, too?
Senator Thomas. If you needed to leave, you could come
back.
STATEMENT OF HON. BRIAN BAIRD,
U.S. REPRESENTATIVE FROM WASHINGTON
Mr. Baird. I will be all right I think, sir. Thank you very
much.
Mr. Chair, Senator Thomas, Thank you very much. David Wu,
my colleague from Oregon, is unable to join us. He is, I am
sure, over on the floor right now. He was involved in the prior
debate. I want to thank you for this brief opportunity to
testify in support of S. 423, a bill to expand Fort Clatsop
National Historic Site and also to study the feasibility of
including Washington State sites.
Very briefly, as you know, I am sure, the 200th Anniversary
of the Lewis & Clark journey of discovery is coming up. 2003
will be the bicentennial of when they started, and 2005 is when
they reached the coast. We are expecting literally millions of
visitors from around the country and from around the world. In
fact, they are already starting to come in.
Fort Clatsop has some valuable area nearby to the current
site, and a small expansion would allow it to preserve
historical features, and also to provide a better experience
for the public.
On the Washington State side, there are valuable resources.
Let me cite two for example. A place now called Station Camp,
where Lewis & Clark had the difficult decision of where do they
spend the winter. It was not an easy one. The mouth of the
Columbia River is rough country, and they took a vote.
What was so remarkable about the vote was that they
involved York, who was actually Clark's slave, and Sacagawea in
the vote. This was 100 years before suffrage, and more than 60
years before the Emancipation Proclamation, so here we are, a
critical site, a critical journey in American history. We would
like to commemorate that site.
If you were to visit it today it is almost unrecognizable
in the sense it has not been touched much since Lewis & Clark,
but there is really no recognition of the site to speak of.
Also, Fort Canby, which is on the coast of Washington State,
currently a State park, we would like to explore some
alternatives for working with the Federal Government to
commemorate that site.
We think the Senate bill is an outstanding one. Congressman
Wu, myself, and Congressman Souler have introduced a companion
in the House. We look forward to working with this committee
and this body to make this a reality.
[The prepared statement of Mr. Baird follows:]
Prepared Statement of Hon. Brian Baird, U.S. Representative
From Washington
The Bicentennial Commemoration of the Lewis and Clark expedition is
only two years away. In 2003, communities across the nation will begin
commemorating the Corps of Discovery and the promise that they brought
back. It is my hope that during this commemoration, Americans will
visit important stops along this journey of discovery in the Third
Congressional District, including Station Camp and Fort Canby State
Park.
On November 15, 1805, William Clark stopped at Station Camp,
sometimes referred to as Megler's Rest, and proclaimed, I am in ``full
view of the ocean.'' It was at this historic site that Clark penned his
famous map indicating that the Corps had completed one of Thomas
Jefferson's directives--to reach the Pacific Ocean. This is also the
site of the historic vote taken by Captains Meriwether Lewis and
William Clark to determine where the Corps would camp for the winter.
Although the year, was 1805, nearly 60 years before the emancipation of
the slaves and a century before women were given the privilege of
voting, Lewis and Clark called for a vote by the entire Corps. Both
Sacagawea, the Shoshone interpreter, and York, Clark's slave, were
allowed an equal vote with all other members of the Corps. This
historic moment occurred at Station Camp. It is indicative of the
forward thinking employed by the Captains throughout the journey which
led to their incredible level of success.
Today, I have the pleasure of introducing legislation with
Congressman Wu that seeks to expand the Ft. Clatsop National Memorial.
This is the only unit in the National Park System that is solely
dedicated to the amazing journey of Lewis and Clark. Of great
importance to my congressional district, the legislation calls for the
Secretary of the Interior to study the inclusion of the ``Station
Camp'' site and Fort Canby within the Fort Clatsop National Memorial.
The legislation calls for the National Park Service to work
collaboratively with the States of Washington and Oregon and Indian
tribes on the expansion of Fort Clatsop to study including these new
sites before the start of the bicentennial of the Lewis and Clark
Expedition, planned to take place from 2003 to 2006. I appreciate your
careful consideration of this request for inclusion of these important
historical sites within the Fort Clatsop National Memorial.
Senator Akaka. Thank you very much for your statement. Do
you have any questions?
Senator Thomas. No, I do not, thank you.
Senator Akaka. I do not have any questions. I again want to
say thank you.
I would like to take a minute to make a brief statement
about S. 1057, legislation which I recently introduced with my
colleague, Senator Inouye, to provide authority to Pu'uhonua o
Honaunau, formerly the City of Refuge National Historical Park,
to expand its boundaries by 238 acres, the preferred option in
recent park service studies.
The modest expansion of Pu'uhonua o Honaunau, which means
``a place of refuge at Honaunau,'' would allow for the
inclusion of an area that contains cultural and historical
resources of national significance. This expansion has been in
the making for a long time. For over 30 years, the National
Park Service has planned for the eventual expansion of the park
from its existing 180 acres in order to protect the spiritual
nature of the area.
The 1977 master plan for Pu'uhonua proposed several
expansions, including the one we are addressing in this
hearing. In 1992, a boundary study was prepared identifying
options for expansion, once again including consideration of
the Ki'ilae village parcel. At the time, the owners of the
Ki'ilae village property had not expressed a desire to sell. In
July 2000, the situation changed dramatically when the land was
sold to a development corporation. The proposed development
would subdivide approximately 804 acres within Ki'ilae and the
neighboring ahupua'a, which are Native Hawaiian mountain-to-sea
resource management areas.
The new owners have indicated an interest in selling a 238-
acre parcel of the land, and have had discussions with the
National Park Service. At the same time, the Park Service
undertook a resource reconnaissance study and an appraisal of
the property. Public meetings have been held to discuss the
potential expansion with the community. Expansion is broadly
supported, and I would like to submit letters from Hawaii
County Mayor Harry Kim and Hawaii County Council Member Julie
Jacobson for the record.
All of the witnesses testifying today have traveled a long
distance to be here. I would like to welcome all of you. I am
especially pleased to welcome two witnesses from the Aloha
State, Mr. Jim Medeiros, Sr., and Mr. Wayne Leslie, who will be
testifying on the Pu'uhonua bill a little later this afternoon.
Senator Feinstein has asked to have her statements
including in the record related to S. 941, the Golden Gate
National Recreation Area expansion, and H.R. 640, the Santa
Monica Mountains National Recreation Area legislation, and
without objection they will be included in the record.
Mr. John Reynolds, Regional Director of the Pacific West
Region of the National Park Service is the next witness, so
will you be seated?
Senator Smith. Well, we are glad to have Senator Smith on
the dais with us, and Mr. Reynolds, will you hold a second
while I have Senator Smith make his statement?
STATEMENT OF HON. GORDON SMITH, U.S. SENATOR
FROM OREGON
Senator Smith. Thank you very much, Senator Akaka, and
Senator Thomas, for holding this hearing. I want to extend a
warm welcome to Don Striker, who is the superintendent of the
Fort Clatsop National Memorial. We both share a love of Oregon
history, and I am very glad to have him here today.
We are rapidly approaching, Mr. Chairman, the bicentennial
of the Lewis & Clark journey which ended at Fort Clatsop that
they established at the most remote corner in what is today the
State of Oregon. They spent 106 rainy days there and on
Christmas Day of 1805 William Clark wrote, ``the day proved
showery, wet, and disagreeable.''
Although the winter weather in Oregon has not changed much,
much of our history has been very bright and clear for the two
centuries since then in terms of the westward expansion. I know
that I am not alone in my appreciation of Lewis & Clark
history. We have seen the wonderful history by Mr. Ambrose on
undaunted courage, and I think America is very much awakening
to the bicentennial that we will celebrate of this great
journey of discovery.
The legislation I have cosponsored with Senators Wyden and
Murray is an important and timely endeavor to expand the Fort
Clatsop National Memorial in Oregon. It will authorize the
extension of the park's boundaries to include the trail from
Fort Clatsop to the Pacific Ocean. Our legislation will also
promote a study of Station Camp in Washington State to
determine its suitability for inclusion in the National Park
System. Like all those involved in this project, from the
wiling sellers of the land to those fluffing up their coonskin
hats to celebrate this bicentennial, I am excited to earn the
support of my colleagues in the Senate and make this
legislation a unanimous reality.
Thank you, Mr. Chairman.
Senator Akaka. Thank you for your statement, Senator Smith,
and thank you for being here.
Mr. Reynolds, it is nice to see you again.
STATEMENT OF JOHN J. REYNOLDS, REGIONAL DIRECTOR, PACIFIC WEST
REGION, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR,
OAKLAND, CA, ACCOMPANIED BY CHRIS POWELL, SUPERINTENDENT,
GOLDEN GATE NATIONAL RECREATION AREA
Mr. Reynolds. Thank you, Mr. Chairman. It is a pleasure to
be here, and may I just say to the three of you, you are all
three people who are highly and deeply respected around the
National Park Service, and we appreciate the degree to which
you care for the parks and for how they are administered, and
thank you. It is always an honor to appear before you.
I assume, sir, that I should go through the testimony for
each of the five areas and then have questions, or would you
like me to pause between each one?
Senator Akaka. Well, let me welcome you. Welcome to the
subcommittee.
Mr. Reynolds. Oh, I am sorry. My apologies.
Senator Akaka. We will include your full statement on each
bill in the hearing record, so please feel free to summarize
your remarks. Please proceed with your statements on all of the
bills in whatever order you would like, and then we will go to
questions from members of the committee. That will be the
order, so with that, will you please proceed?
Mr. Reynolds. Thank you, sir. Thank you for the opportunity
to present the Department of the Interior's views on these
several bills. The first is S. 423, a bill to adjust the
boundaries of Fort Clatsop National Memorial. The Department of
the Interior supports S. 423, to expand the boundaries of Fort
Clatsop National Memorial.
This bill will authorize implementation of the 1995 general
management plan for the memorial, which calls for the
establishment of a trail linkage between Fort Clatsop and the
Pacific Ocean and adds sufficient land to the memorial to
provide for the protection of scenic and natural resources that
frame the park setting.
This bill enjoys broad bipartisan support at all levels,
including local and State bicentennial planning committees and
Oregon and Washington, Clatsop County, the Chinook Tribe, and
the National Council of the Lewis & Clark Bicentennial.
S. 423 also includes a provision to authorize the Secretary
of the Interior to conduct a study of the area known as Station
Camp, which is located on the Washington side of the Columbia
River, and is where Lewis and Clark camped from November 15
through 24, 1805. The Department supports this study provision
in concept.
This concludes my testimony on S. 423.
Second is S. 941, a bill to revise the boundaries of the
Golden Gate National Recreation Area and to extend the term of
the advisory commission for the recreation area. The Department
of the Interior supports S. 941. S. 941 would add lands to the
recreation area known as the Rancho Corral de Tierra and the
Devil's Slide Area. The Rancho property, approximately 4,262
acres, has recently been acquired by the Peninsula Open Space
Trust, known as POST, and is being held in anticipation of
being included within the boundaries of the recreation area.
In addition to the Corral de Tierra property, S. 941 would
also include the area known as the Devil's Slide. These lands
represent an unparalleled opportunity to include within the
recreation area lands of exceptional natural, scenic, and
recreational value. There are several options under
consideration for the long-term stewardship of these lands,
including partnership arrangements involving the National Park
Service, the California State parks, and POST.
That concludes my testimony concerning S. 941.
Third is S. 1057, a bill to adjust the boundaries of
Pu'uhonua o Honaunau.
Senator Akaka. Mr. Reynolds, may I ask you to suspend?
Mr. Reynolds. Of course.
Senator Akaka. We have Senator Wyden from Oregon who is
here, and I would like to give him an opportunity to make his
statement.
STATEMENT OF HON. RON WYDEN, U.S. SENATOR
FROM OREGON
Senator Wyden. Well, thank you, Mr. Chairman. I thank you
for your courtesy, and to our witness. I will be very brief.
Senator Akaka. Without objection.
Senator Wyden. Thank you, Mr. Chairman. I heard part of my
colleague's remarks, and he and I and Senator Murray have all
been working together on this legislation for some months. I
was recently in Astoria on the coast for a special program put
together by Don Striker, who I think is with us today, and I
cannot recall a time in our State where I have seen this level
of enthusiasm. I mean, this is an extraordinary coming together
of citizens in both the public and the private sector.
Of course, there is going to be a huge influx of visitors.
There will be over a 1/4 million people who are going to visit
the Fort Clatsop Memorial during the bicentennial years. Don
Striker and his team have really done this job right.
Suffice it to say, Senator Smith and I made a real
challenge. We made it clear that this was not going to be
something where Washington, D.C. could just come on in and wave
a wand and suddenly make vast sums of money and land come
together. These folks went out and mobilized the community. The
Park Service now realizes that this is one of their highest
priorities, and this is an example of how you go about doing
the job right, working with local landowners and bringing
together the relevant Government agencies in a partnership
effort.
I thank you especially for letting me, having been late,
come on in and offer this comment, and we appreciate very much
the support, and also special praise to Don Striker and his
whole team. That day when I was in Astoria I was just struck as
I looked out over the audience. There were hundreds of people
there at all of the individual contributions, and that is what
makes these programs a treasure, and we appreciate your help.
Senator Akaka. Thank you very much, Senator Wyden. We
appreciate your statement.
Senator Wyden. Thank you.
Senator Akaka. Mr. Reynolds, will you continue?
Mr. Reynolds. Thank you, sir. Senator Wyden, thank you very
much.
The third bill is S. 1057, the bill to adjust the
boundaries of Pu'uhonua o Honaunau National Historical Park in
Hawaii. The Department supports S. 1057. This legislation will
adjust the authorized boundary of the park to include the
remainder of Ki'ilae Village within the park. The proposed
expansion is located on lands immediately adjacent to, but
outside of the existing southern park boundary. It would add
238 acres to the 182 acres presently within the park. The
addition of another 165 acres would also be authorized if those
lands are acquired in the future.
Both parcels contain important physical remains of the
Native Hawaiian culture that is directly associated with the
Pu'uhonua o Honaunau. There is strong local support to protect
and include these resources within the park. This reflects the
high level of cooperation and strong commitment of local
communities and governments towards the park.
That concludes my testimony on S. 1057.
The fourth bill is S. 1105, a bill to provide for the
completion of the acquisition of State of Wyoming lands within
the boundaries of Grand Teton National Park. The Department
supports the legislation, and thanks Senator Thomas and Senator
Enzi for their continued interest and support of the National
Park System and Grand Teton National Park.
Jack Neckels actually tells me, Senator Thomas, that you
folks have been working on this for a long, long time to bring
this to a conclusion.
S. 1105 would authorize the Secretary of the Interior to
acquire from the State of Wyoming 1,366.32 acres of land and
mineral interests on 39.59 acres, all within the current
boundary of Grand Teton National Park, in exchange for other
Federal lands and/or other Federal assets of equal value. The
legislation also details the process under which the exchange
would take place.
There is broad support for making these exchanges, and that
support has been expressed in a variety of ways, including a
letter to Secretary Norton from Wyoming Governor Jim Geringer.
Mr. Chairman, that concludes my testimony on S. 1105.
Finally, testimony on H.R. 640, a bill to adjust the
boundaries of Santa Monica Mountains National Recreation Area
in southern California. The Department supports H.R. 640. This
legislation will adjust the authorized boundary of Santa Monica
Mountains National Recreation Area to encompass the most
important wildlife corridor in the area.
The legislation requires that acquisition of lands within
the expansion area be accomplished only through donation, a
provision that reflects the high level of cooperation and
strong commitment of local communities and governments towards
the park. Acquisition of these lands is important to protect
critical habitat required for the free movement and migration
of wildlife, specifically mountain lions, bobcats, and similar
species, between the Santa Monica Mountains and the Simi Hills,
thereby preventing local extinction of species in the park.
Together with existing National Park Service lands, these
three parcels form the only remaining wildlife corridor in the
region which connects the park to the national forestlands to
the north.
In addition, this legislation would protect a significant
portion of Upper Las Virgenes Creek, which is part of the
Malibou Creek Watershed, the largest fresh water system within
the recreation area which flows into the Santa Monica Bay, on
which approximately 30 million people recreate annually, so the
clean water is important in that area.
Mr. Chairman, we are pleased to support this proposal, and
all the lands reserved through the efforts of local communities
and governments for transfer to the National Park Service may
be worth as much as $60 million under current market
conditions. The legislation before you today is a testament to
the cooperation and commitment of the citizens, local
governments, and the park agencies in the Santa Monica
Mountains.
This concludes my testimony on all five bills. I will be
more than happy to answer any questions that any of you may
have on any of the bills, and with me today, as you know, is
Superintendent Don Striker from Fort Clatsop, Superintendent
Geri Bell from Pu'uhonua o Honaunau, and Chris Powell from
Golden Gate National Recreation Area, who is on assignment on
an executive leadership training program.
Thank you, sir.
[The prepared statements of Mr. Reynolds on S. 423, S. 941,
S. 1057, S. 1105, and H.R. 640 follow:]
Prepared Statements of John J. Reynolds, Regional Director, Pacific
West Region, National Park Service, Department of the Interior,
Oakland, CA
S. 423
Mr. Chairman, thank you for the opportunity to appear before you
today to discuss the views of the Department of the Interior on S. 423,
S. 941, S. 1057, S. 1105, and H.R. 640.
S. 423, a bill to adjust the boundaries of Fort Clatsop National
Memorial.
The Department of the Interior supports S. 423 with a technical
amendment as outlined in this testimony. This legislation will expand
the boundaries of Fort Clatsop National Memorial, as called for in the
site's General Management Plan, to include lands on which a trail
linkage between Fort Clatsop and the Pacific Ocean will be established.
The bill would also include within the boundary lands that will create
a buffer zone to protect the scenic and natural resources that frame
the park setting.
Meriwether Lewis and William Clark set off with their Corps of
Discovery on May 14, 1804 on an incredible journey that was to be a
pivotal event in helping to shape the young United States. Their
instructions from President Thomas Jefferson were to explore the
Missouri River to its source, establish the most direct land route to
the Pacific Ocean, and to make scientific and geographic observations
along the way. A year and a half later, having traversed the continent,
the expedition arrived at the Pacific Ocean and soon thereafter found a
site that was suitable for winter quarters on what is known today as
the Lewis and Clark River. On December 8, 1805, the expedition members
began building a fort, and by Christmas Eve they were under shelter.
They named the fort for the friendly local Indian tribe, the Clatsops.
It would be their home for the next three months.
Life at the fort was far from pleasant. It rained every day but 12
of the 106 days at Fort Clatsop. Clothing rotted and fleas infested the
furs and hides of the bedding. The dampness gave nearly everyone
rheumatism or colds, and many suffered from other diseases. With all
the adversity, the members of the expedition continued to prepare for
the return trip that would take some home to family and friends, some
to wealth and fame, and others to new lives in the wilderness. All
gained a place in history among the greatest of explorers. They were
truly the ``Corps of Discovery.''
Fort Clatsop National Memorial marks the spot where Lewis and Clark
and the Corps of Discovery spent the winter of 1805-1806, and is the
only unit of the National Park System solely dedicated to the Lewis and
Clark expedition. The bicentennial of the historic journey is fast
approaching, and it is expected that well over a million people will
visit the site during the bicentennial years of 2003 through 2006.
The historic site of Fort Clatsop was originally preserved and
protected by the Oregon Historical Society, and local citizens
constructed an exact replica of the fort itself, which had long ago
disappeared, except for drawings and descriptions in the journals of
Lewis and Clark. In 1958, Fort Clatsop National Memorial was
established by Public Law 85-435, which authorized the inclusion within
the memorial of lands that are associated with the winter encampment of
the Lewis and Clark Expedition, including adjacent portions of the old
trail which led overland from the fort to the coast, where members of
the expedition worked to make salt for their trip back across the
continent. The act also limited the site to no more than 125 acres.
Soon after the enactment of Public Law 85-435, the National Park
Service acquired the land immediately surrounding the fort, and in
1978, the Salt Cairn site on the coast was added to the memorial by
Public Law 95-625. However, the lands between the fort and the ocean,
including the trail, have not been acquired. Legislation is needed to
accomplish this goal since the memorial has already effectively reached
its acreage limitation.
The 1995 General Management Plan for the memorial calls for the
establishment of the trail linkage between Fort Clatsop and the Pacific
Ocean, and in addition proposes to add sufficient land area to the
memorial to provide for the protection of the scenic and natural
resources that frame the park setting. Since the natural setting of the
encampment area is an important component of the Lewis and Clark story,
its preservation would assist in public interpretation at the fort,
along with providing a corresponding benefit to the natural environment
surrounding the fort. S. 423 increases the authorized size of Fort
Clatsop National Memorial from 125 acres to 1,500 acres and reflects
the intent of the General Management Plan to include these lands within
the park's boundary.
In addition, this legislation includes the addition of a ``non-
development buffer zone'' at the request of Willamette Industries, who
suggested that these additional lands, totaling approximately 300
acres, be included to protect the viewshed from their timber
operations. The Department and Willamette have agreed that these lands
should be acquired by condemnation because Willamette's title to the
property is not clear. Since obtaining a quiet title to the standards
required by the Department of Justice would be exceedingly difficult,
if not impossible, both parties have agreed that condemnation is the
best alternative.
The Department believes that this legislation is important for
several reasons. First, time is of the essence in completing the land
acquisition, environmental reviews, engineering and design, and trail
construction that is necessary to complete this final link in the Lewis
and Clark National Historical Trail for the bicentennial commemoration.
Secondly, this legislation represents the completion of a process
heavily influenced by local stakeholders. Third, this bill enjoys
broad, bipartisan support at all levels, including local and state
bicentennial planning committees in Oregon and Washington, Clatsop
County, the Chinook Tribe, and the National Council of the Lewis and
Clark Bicentennial.
As you know, the Department is committed to the President's
priority of eliminating the National Park Service's deferred
maintenance backlog and is concerned about the development and life
cycle operational costs associated with expansion of parks already
included in the National Park System. However, in light of the
increasing interest in the Lewis and Clark story as we approach the
bicentennial of the expedition, the Department believes that the $7.5
million needed for land acquisition, and the $1.1 million for
development costs associated with trailhead facilities, parking lots,
and other associated infrastructure are justified. Funding for land
acquisition and development would be subject to NPS servicewide
priorities and the availability of appropriations.
In addition, we note that the Fort Clatsop Historical Association
has already purchased some of the lands associated with this
legislation and will donate them to the park after the boundary has
been adjusted. We expect that the government's efforts will be
leveraged through several partners, including the Army National Guard,
local trail enthusiasts, and the local high schools, who have agreed to
volunteer with trail construction and maintenance. We anticipate the
park would seek only minor increases in operational costs (below
$250,000) beyond its existing base funding of $1.1 million.
S. 423 also includes a provision to authorize the Secretary of the
Interior to conduct a study of the area known as ``Station Camp,''
which is located on the Washington side of the Columbia River and is
where the Lewis and Clark expedition camped from November 15-24, 1805.
While the Department supports this study provision in concept, we
believe that the study should carefully examine the full life-cycle
operation and maintenance costs that would result from each alternative
considered. In addition, in light of our commitment to eliminate the
deferred maintenance backlog in the national parks, our support for the
study does not necessarily indicate that the Department would support
any new commitments that may be recommended by the study, and that
could divert funds from taking care of current responsibilities.
We recommend one technical amendment to the bill, which is attached
to the testimony.
That concludes my testimony. I would be glad to answer any
questions that you or the members of the subcommittee may have.
Proposed Amendment to S. 423:
On page 4, line 13 strike ``newly expanded boundary'' and insert
``boundary as depicted on the map described in section 2(b)''.
S. 941
S. 941, a bill to revise the boundaries of the Golden Gate National
Recreation Area and to extend the term of the advisory commission for
the recreation area.
The Department of the Interior supports S. 941. The addition of
these lands will preserve exceptional natural, scenic and recreational
resources displaying values commensurate with or exceeding those of the
lands currently within the boundary of Golden Gate National Recreation
Area. In addition, these properties, if added to the park, will provide
it with a logical and understandable southern boundary, which is
currently lacking.
Golden Gate National Recreation Area was established in 1972 by
Public Law 92-589 ``. . . to preserve for public use and enjoyment
certain areas of Marin and San Francisco Counties . . .'' and has since
been expanded to include lands within San Mateo County. Located at the
center of a major metropolitan area of more than 5 million people, a
major factor in Golden Gate's significance is its ability to provide
national park experiences to unprecedented numbers of local, regional,
national, and international visitors.
In 1980, Congress passed legislation that expanded the boundaries
of Golden Gate National Recreation Area to include substantial areas of
San Mateo County. The legislation was engendered by a proposal to
develop the 1,100-acre property known as Sweeney Ridge, which included
the presumed location of the first European siting of San Francisco Bay
in 1769. In order to minimize the cost of the project and to keep the
focus on the development threat, the legislation limited the inclusion
of private land strictly to the Sweeney Ridge property. The outcome was
somewhat of a patchwork, leaving out significant privately owned open
space and natural resources and creating a boundary that is difficult
to recognize and manage in the field.
S. 941 would add lands to the recreation area known as the Rancho
Corral de Tierra and the Devil's Slide area. The Corral de Tierra
property includes approximately 4,262 acres and contains the headwaters
and most of the watershed of the four major coastal stream systems,
providing riparian habitat for a number of threatened and endangered
animal species, and a scenic backdrop that visually distinguishes the
San Mateo mid-coast region. The peaks of Montara Mountain rise to more
than 1,800 feet just two miles from the water's edge, providing some of
the most spectacular panoramic views to be found in northern
California. The property has recently been acquired by the Peninsula
Open Space Trust (POST), and is being held in anticipation of being
included within the boundaries of the recreation area.
In addition to the Corral de Tierra property, S. 941 would also
include within the boundaries of the recreation area lands in the area
known as the Devil's Slide. These lands, comprising approximately 500
acres, are associated with plans by the California Department of
Transportation (Caltrans) to reroute Highway 1 through a new tunnel
that is to be constructed in the area. When the tunnel project is
complete, the existing surface road will be abandoned, thereby severing
access to several properties in the Devil's Slide area. In the way of
mitigation, it is expected that Caltrans will purchase the properties
from the current owners to be dedicated as permanent open space. The
existing roadbed will be donated by Caltrans for use as a trail.
Inclusion of these lands within the boundaries of the recreation area
will allow for their conveyance to the National Park Service. Also
included in this addition is a Caltrans right-of-way which was
purchased for the construction of a highway over Montara Mountain.
Since Caltrans will be constructing a tunnel instead, the right-of-way
is surplus to Caltrans' needs. This property divides the larger Corral
de Tierra parcel included in this legislation, and thus is important
for connecting these two parcels and ensuring contiguous open space.
These proposed additions to the recreation area are in accordance
with a recent boundary study conducted by POST in consultation with
National Park Service staff. The study found that these properties meet
the criteria established by the National Park Service for addition of
land to units of the National Park System. In this case, these lands
represent an unparalleled opportunity to include within the recreation
area lands of exceptional natural, scenic, and recreational value. The
properties include many old trails and farm roads that could be easily
adapted to recreational use, which may become the principal visitor
activity within the area. In addition, these lands will be of great
value through their role in protecting important wildlife habitat and
maintaining the integrity of scenic views. There are several options
under consideration for the long-term stewardship of these lands,
including partnership arrangements involving the National Park Service,
California State Parks, and POST.
As you know, the Department is committed to the President's
priority of eliminating the National Park Service's deferred
maintenance backlog. We are also concerned about the development and
life cycle operational costs associated with expansion of parks already
included in the National Park System. With that in mind, we expect that
the costs of acquiring the Corral de Tierra property would be shared
between the federal government, the State of California, and private
donations raised by POST, who acquired these lands in the Spring of
2001 for $29.7 million. It is anticipated that the Federal portion of
the acquisition cost will be $15 million with the remaining costs
contributed locally by California State Parks and POST. Funds to
purchase this property would be subject to NPS service-wide priorities
and the availability of appropriations.
The Devil's Slide parcels, associated with the Caltrans project,
would be acquired only through donation.
Since protection of these lands will be through a partnership with
California State Parks and POST, it is anticipated that the National
Park Service will only be responsible for a portion of the operating
costs. The life cycle costs of maintaining these additions will be
moderate, as these lands contain few buildings or structures and we do
not anticipate major development of facilities. These lands will be
used for low impact recreation, such as hiking and biking. Therefore,
we anticipate most of the future upkeep of these lands will include
trail and fire road maintenance, minimal new trail construction, trail
signage and resource protection. These costs will be leveraged with
funding from the private sector.
Although GGNRA's general management plan does not address these
areas, it is anticipated that these land will be less heavily impacted
than other areas of the park, such as Marin Headlands and Muir Woods.
Adding to that the steepness of the terrain, recreation will be
confined to the lower portions of the land.
S. 941 also extends the term of the advisory commission for the
recreation area until December 31, 2022. The advisory commission was
established by the same law that created the recreation area and serves
to provide for the free exchange of ideas between the National Park
Service and the public. The law provided a 30-year term for the
commission, which expires on December 31, 2002. S. 941 extends the term
for another 20 years.
That concludes my testimony. I would be glad to answer any
questions that you or the members of the subcommittee may have.
S. 1057
S. 1057, a bill to adjust the boundaries of Pu'uhonua o Honaunau
National Historical Park.
The Department supports S. 1057. This legislation will adjust the
authorized boundary of Pu'uhonua o Honaunau National Historical Park to
include the remainder of Ki'ilae Village within the park. The proposed
expansion is located on lands immediately adjacent to, but outside the
southern park boundary, and would add 238 acres to the 182 acres
already within the park. The addition of another 165 acres would also
be authorized if the lands are ever acquired.
Ki'ilae is an ancient Hawaiian settlement dating back to the late
12th or early 13th centuries. The settlement remained active until the
1930's, making it one of the last traditional Hawaiian villages to be
abandoned. The proposed boundary adjustment consists of adding lands
containing the archeological remains of this Hawaiian village. Lands to
be added to the park contain more than 800 archeological sites,
structures and features. These include at least 25 caves and 10 heiau
(Hawaiian temples), more than 20 rock platforms, 26 rock wall
enclosures, over 40 burial features, residential compounds, a holua
(recreational slide used by Hawaiian royalty), canoe landing sites, a
water well, numerous rock walls and a wide range of agricultural
features.
The proposed expansion dates back to a 1957 archeological survey
conducted by the Bishop Museum. This survey found that the greater part
of the ancient village of Ki'ilae, as well as other significant
Hawaiian archeological resources, were left outside of the park
boundaries established by Congress in 1955. Pu'uhonua o Honaunau's 1972
Master Plan identifies Ki'ilae Village as one of the park's major
resources and the master plan graphics show village remains extending
well beyond the existing park boundaries. In 1992, a boundary study was
prepared for the park. Both the master plan and the boundary study call
for adding the ``balance of Ki'ilae Village'' to the park. Up until
last year, the property was unavailable because its ownership was not
clear. The three heirs to the property have now settled the ownership
issue, thereby clearing the way for the Park Service to acquire the
land. S. 1057 would allow the boundary of the park to be expanded to
protect this significant cultural resource.
In light of the President's commitment to reducing the backlog of
deferred maintenance needs within the National Park System before
incurring additional financial burdens, it is encouraging to note that
the present owner may consider donating one portion of the property to
the National Park Service, while the other portion would be available
for purchase and has been appraised at $4.6 million. Funds to purchase
this property would be subject to NPS servicewide priorities and the
availability of appropriations. Since no development is contemplated
within the boundary adjustment area, no line item construction or
significant development costs are anticipated, although there would be
some one-time costs after acquisition to conduct an inventory of
archeological resources and remove non-native vegetation. We expect
that the park would seek to increase its base-operating budget in the
range of $250,000 in order to hire two additional resource management
employees, as well as two employees to provide services such as
interpretation and law enforcement. This increase would have to compete
against other demands for limited operational funds.
There is strong local support to protect and include these
resources within the Pu'uhonua o Honaunua National Historical Park.
This reflects the high level of cooperation and strong commitment of
local communities and governments toward the park. This kind of local
support for land acquisition projects is an important part of the
Department's support for this legislation.
That concludes my testimony. I would be glad to answer any
questions that you or the members of the subcommittee may have.
S. 1105
S. 1105, a bill to provide for the completion of the acquisition of
State of Wyoming lands within the boundaries of Grand Teton National
Park.
The Department supports the legislation and thanks Senator Thomas
and Senator Enzi for their continued interest and support of the
National Park System and Grand Teton National Park.
S. 1105 would authorize the Secretary of the Interior to acquire
from the State of Wyoming 1,366.32 acres of land, and mineral interests
on 39.59 acres of land, all within the current boundary of Grand Teton
National Park in exchange for other federal lands and/or other federal
assets of equal value. The state trust lands and mineral interests were
among the non-federal lands incorporated into the newly designated
national park on September 14, 1950, bringing it to its present size
(approximately 310,000 acres).
The legislation also details the process under which the exchange
would take place, including selection of an appraiser, approval of the
value of the lands as well as a mechanism by which an appeal can be
made in case the process fails.
This acreage includes two full 640-acre sections. One section lies
in the southeast area of the park known as Antelope Flats which is an
open expanse of grasses and sagebrush that provides habitat for birds
(including the declining sage grouse) and many large mammals (deer,
antelope, elk, bison, coyotes, and wolves) and also provides the scenic
foreground of the Teton Range. In the past, the state has leased the
land for grazing.
The second full section lies on the eastern boundary of the park,
adjacent to the Bridger-Teton National Forest. The vegetation is a mix
of grasses, sagebrush, and trees. The area provides excellent habitat
for a variety of large and small animals. The state currently leases
this section for grazing.
The remaining acreage is located in the southwestern part of the
park and is part of a 301-acre state parcel that straddles the park
boundary. The Snake River runs through the parcel, which offers
excellent riparian and wetland habitat. In the past, the state has
leased the land for grazing.
Finally, the state also owns the mineral interests on approximately
39 acres of undeveloped sagebrush flats in the center of the park,
slightly to the east.
Over the last fifty-one years, the State of Wyoming and Grand Teton
National Park have worked together on a variety of issues including
compatible land uses. The National Park Service (NPS) has been
interested in the purchase of, or exchange for, these lands for a long
time. The Park's land protection files contain more than thirty years
of correspondence on how to appropriately compensate the state for
bringing the lands under federal ownership.
The draft 2001 Grand Teton Land Protection Plan places fee
acquisition of the state lands and mineral interest sixth on a list of
fifteen priorities. Only some private lands that contain critical
resources, or that are under intense development pressure in the high-
stakes, Jackson Hole real estate market are listed higher. The NPS
believes that federal fee acquisition, through either purchase or
exchange, is the best alternative for the Park. A federal appraisal has
not been completed on the State lands and there have not been any sales
or exchanges similar to the one proposed, so it is difficult to
estimate either the cost of purchasing the state lands or how much
federal land or interest in federal land would be required to exchange
for them. Funding to purchase these lands would be subject to NPS
servicewide priorities and the availability of appropriations.
The State of Wyoming is actively pursuing disposing a different
State owned section near Teton Village. Teton Village is located near
the southwest corner of Grand Teton National Park and at the base of
the Jackson Hole Ski Area. Currently, the State is negotiating the sale
of the section for $30 million. Because the state lands described in
the bill are inside a national park and bordered by permanently
protected lands, we understand that they may be viewed as more
valuable.
The NPS will not require additional funds or staff to bring these
lands under federal management. The additional lands would increase the
acreage of Grand Teton National Park by approximately one half of one
percent. Currently the State owned lands are surrounded by national
park lands and have no roads or other formal access, although hikers
use the lands occasionally. If acquired, the State lands can be managed
by the park with existing staff and with no additional resources.
There is broad support for making these exchanges and that support
has been expressed in a variety of ways, including a letter to
Secretary Norton from Wyoming Governor Jim Geringer. Editorials in the
Jackson Hole News and Casper Star call the proposal, ``a win for all
sides.''
In his May 16, 2001, letter Governor Jim Geringer wrote, ``We would
like to express to you our full support for the National Park Service
acquiring our state trust lands located within Grand Teton National
Park . . . We ask your support in accomplishing this acquisition for
the benefit of the people of Wyoming and the United States.''
The Department believes that S. 1105 demonstrates the value of
reaching a broad based consensus on potentially challenging resource
management questions between local parties, the State, and the federal
government.
We appreciate the committee's interest in this legislation and the
efforts of the senators from Wyoming. This concludes my remarks. I
would be happy to respond to any questions that you may have.
H.R. 640
H.R. 640, a bill to adjust the boundaries of Santa Monica Mountains
National Recreation Area.
The Department supports H.R. 640. This legislation will adjust the
authorized boundary of Santa Monica Mountains National Recreation Area
to encompass an important wildlife corridor and provide for the
protection of a key watershed. The legislation requires that
acquisition of lands within the expansion area be accomplished only
through donation, a provision that reflects the high level of
cooperation and strong commitment of local communities and governments
toward the park.
Furthermore, in light of the President's commitment to reducing the
backlog of deferred maintenance needs within the National Park System
before incurring additional financial burdens, it is important to note
that this legislation authorizes the lands within the boundary
adjustment area to be acquired by donation only. Therefore, no public
funds will be required for land acquisition. In addition, life cycle
operational and maintenance costs are expected to be minimal. The park
anticipates providing only minimal facilities such as trails,
emphasizing habitat preservation for wildlife movement. Since no
development is contemplated within the boundary adjustment area, no
line item construction or related operational funding will be required.
Within the 3,697-acre expansion zone, three parcels of land
totaling about 2,800 acres are owned by the Santa Monica Mountains
Conservancy, an agency of the California Resources Department that was
established in 1981 to complement and assist with the establishment of
the Santa Monica Mountains National Recreation Area. The three parcels
are the 2,300-acre Las Virgenes Canyon Dedication, the 390-acre Liberty
Canyon tract, and the 107-acre Abrams property. These lands are held by
the Conservancy on behalf of local governments, principally the
governments of Ventura County and Los Angeles County, and are slated to
be donated to the National Park Service once they have been included
within the authorized boundary of the recreation area. H.R. 640 adjusts
the boundary in order to accomplish this purpose.
Acquisition of these lands is important in order to protect
critical habitat required for the free movement and migration of
wildlife between the Santa Monica Mountains and the Simi Hills, thereby
preventing local extinction of species in the park. Together with
existing National Park Service lands, the three parcels form the only
remaining wildlife corridor in the region to connect with national
forest lands to the north.
In addition, this legislation enables the protection of a
significant portion of Upper Las Virgenes Creek, which is part of the
Malibu Creek Watershed, the largest freshwater system within the
recreation area. The quality and condition of this watershed is of
critical concern because it drains into Santa Monica Bay. The beaches
of Santa Monica Mountains National Recreation Area, surrounding the Bay
and running west from the Santa Monica Pier for 45 miles along the
Malibu coastline, are principally managed by the Los Angeles Department
of Beaches and Harbors and the California State Parks. In all, this
complex of beaches supports in excess of 30 million recreation visits
annually, which suggests that it is one of the most valuable recreation
assets in California.
Within the existing boundary of Santa Monica Mountains National
Recreation Area, some 70 governmental jurisdictions operate and work
together. Unlike many park areas where lands within the authorized
boundary are almost entirely in federal ownership, there exists an
extremely complex mosaic of publicly and privately owned lands within
the recreation area's boundary. The entire city of Malibu, as well as
portions of the cities of Agoura Hills, Calabasas, Los Angeles,
Thousand Oaks, and Westlake Village are within the current park
boundaries. The National Park Service works cooperatively with other
governments and private landowners, and shares its resource management
knowledge with the local communities. The National Park Service,
however, does not regulate land use on private or non-federal parklands
within the park.
In addition to the 2,800 acres that are owned by the Conservancy,
approximately 900 acres of private and non-federal public lands are
located within the expansion zone, including two neighborhoods that are
situated within the cities of Agoura Hills and Calabasas. The two
neighborhoods comprise roughly 330 acres. The two cities, as well as
the homeowner associations representing the neighborhoods concerned,
are longtime supporters of the park and this legislation. We understand
that letters in support the boundary enlargement have been provided to
the subcommittee from each of these governments and associations. Under
the classification process used by the park, the neighborhoods are
designated as ``developed areas,'' where the National Park Service will
not acquire lands.
There are also lands within the expansion zone under the
jurisdiction of Los Angeles County that are largely undeveloped, or
held by the county to support operations such as the Calabasas
landfill. The legislation would permit the National Park Service to
accept these lands, only by donation, if it were determined that they
could further park purposes.
Mr. Chairman, we are pleased to support this proposal. In all, the
lands reserved through the efforts of local communities and governments
for transfer to the National Park Service may be worth as much as $60
million under current market conditions. The legislation before you
today is a testament to the cooperation and commitment of the citizens,
local governments, and the park agencies in the Santa Monica Mountains.
That concludes my testimony. I would be glad to answer any
questions that you or the members of the subcommittee may have.
Senator Akaka. Thank you very much, Mr. Reynolds, for your
testimony. It is well-received, and it will help us with our
deliberations.
I would like to begin a round of questions, and we may have
additional rounds after this.
Mr. Reynolds, I have a few questions for you. I would like
to ask about S. 1057. That is the Pu'uhonua o Honaunau National
Historical Park expansion. I thank you for your support for
that. I understand an appraisal of the 238-acre Ki'ilae village
parcel has been completed. Can you please provide the appraisal
figure, and share with us any reactions from the owners of the
property, and do you believe the appraisal figure accurately
reflects the market value of property in the area?
Mr. Reynolds. Mr. Chairman, it is my understanding that
what we have is an estimate of current market value which has
not yet been confirmed by a formal Federal appraisal. That
estimate is $4,600,000. We will be glad to inform you as soon
as we know of the approved Federal appraisal price, and if
there are any differences. The local developer has been working
very well with the National Park Service with this proposal,
and the community, as I understand it, as this proposal has
been put together.
Senator Akaka. The possibility of expanding Pu'uhonua
boundaries to include another parcel to the south has been
suggested. This option would add approximately 800 acres to the
park. Would you mind sharing your thoughts on this larger
expansion?
Mr. Reynolds. Yes, sir. The 800 acres includes the lands
which are currently under consideration in this bill. The
remainder of that 800 acres further to the south and adjacent
may well have significant qualities related to the cultural
resources of the Native Hawaiians, and I say may well because
we have not yet completed any analysis or studies of what
exists on those lands. We will be more than happy to get that
information and of course pass it on to you and any others who
are interested as soon as we know.
Senator Akaka. Thank you. I would appreciate that.
I am concerned that the best possible interpretation of the
cultural sites and features, whether spiritual, agricultural,
or other, be provided for the public in our national parks.
Would you please explain how the Park Service works with
cultural practitioners and people in the community who are
resources for interpreting sites, and is there a specific plan
to take advantage of such opportunities?
Mr. Reynolds. Yes, I would be pleased to. The Park Service,
probably within the last decade or decade and a half has become
very much more aware and sensitized to the idea that the
different cultures who were related to an individual piece of
land and the remnant resources relating to their culture on
that land are the ones who know most about how that should be
preserved, protected, and interpreted, and the knowledge about
it made available to the public, and so with that recognition,
and I think it is particularly exemplary at Pu'uhonua, with
that recognition we have joined--I almost hate to use the word
partnership, because I think it has become stronger than that,
with local cultural representatives to inform us and guide us
in how to put together the interpretive programs and the
cultural use programs that would exist within the park as we
preserve those resources together for the future.
In response to your question about, is there a specific
plan, no, there is not a specific plan. I would only say there
is a heartfelt commitment within the superintendent and the
staff of that park to work directly with the rest of the
community and let the plan evolve together with the community,
rather than trying to impose some plan upon them, so from that
point of view I suppose that is something of a plan, but it is
not a step A, step B, step C kind of a plan.
Senator Akaka. Thank you very much for your responses.
Senator Thomas, do you have questions?
Senator Thomas. Yes, a couple of questions.
On S. 423, this legislation increases the limitation on
acreage. Does it include the possibility of incorporating
Station Camp?
Mr. Reynolds. No, sir. It includes the authority to study
whether or not Station Camp should be included.
Senator Thomas. So if you should decide to include it, do
you have to go back and get the authority?
Mr. Reynolds. Yes, sir, that is correct.
Senator Thomas. Do you envision additional boundary
adjustments?
Mr. Reynolds. Without benefit of a full study that is hard
to say, but the evidence so far is pretty compelling that
Station Camp is an extremely important part of this story.
Senator Thomas. With regard to the Golden Gate National
Recreation Area, I think the previous Congress authorized
acquisition of 525 acres, at a cost of about $15 million. What
is the progress on that acquisition?
Mr. Reynolds. Sir, I will have to--well, Chris Powell might
be able to help me with that question. If she cannot, I will
have to provide that for you right away. I do know that at
least one of the properties has been acquired, but I do not
know about the other two. Chris, are you there? Is it okay, Mr.
Chairman, to ask Chris to come up?
Ms. Powell. Mr. Chairman, Mr. Reynolds was correct on that.
Senator Akaka. Would you state your name?
Ms. Powell. Oh, I am sorry. My name is Chris Powell. I am
with the Golden Gate National Recreation Area, and as far as
the status of the last boundary expansion, one of the
properties has, indeed, been acquired, and is now managed by
the Park Service, and the park is underway, talking with three
of the owners of the other parcels that will be donated to the
park, and looking at what we have to do to take those into
management, so probably they will look to be managed by the
park within the next year or so.
Senator Thomas. As you look at the map, these are obviously
very nice areas, beautiful areas, and much of it is State land.
Why don't you let the State do most of the development in the
park?
Mr. Reynolds. Mr. Chairman, in fact on these lands there is
virtually no development proposed, and in fact we are in a
formal written partnership arrangement with the State to
provide for the common visitor use of all of the lands within
the Golden Gate, whether they be State or not, and as I said,
in the lands under consideration both last year and this year,
there is envisioned to be very little development, development
being things like continuation of the maintenance of existing
trails so people, hikers and bikers can use it.
Senator Thomas. I understand. What I am saying, though, is
in the overall scheme of things there is a limit to what the
Park Service is going to be able to do, and when there is an
instance where it could apparently be done just as well by the
State, why is that not the emphasis?
Mr. Reynolds. I believe what we have done in the case of
the existing bill that we are talking about today is made a
determination, and in consultation with the State, that these
lands are of national significance, and this is the role of the
Federal Government as part of the national recreation area.
Senator Thomas. If you look at the map--have you looked at
the map?
Mr. Reynolds. Yes, sir.
Senator Thomas. Kind of curious, national significance on
all this? Really.
Mr. Reynolds. I believe so, sir.
Senator Thomas. You talked about the southern boundary,
which is constantly moving. What about the northern boundary? I
mentioned there is a 4-mile-long strip, where you have one park
on one side and one on the other. Would it not make sense to
make those both Point Reyes?
Mr. Reynolds. I am personally very familiar with that
situation, and last year, in fact, asked the same question
myself within the staff and within the congressional
delegation, and the conclusions that I came to were based on
the history of how Point Reyes National Seashore and Golden
Gate National Recreation Area came into being, and their direct
relationship to Congressman Phil Burton's legacy, and as I
began to get beyond the geography and into the history and the
strong community feelings, particularly within the
congressional delegation, that the form of Congressman Burton's
legacy, one side being Point Reyes and the other side being
Golden Gate, should be retained, and so I did not ask the Park
Service to advance a formal recommendation to make that
management switch.
Senator Thomas. I guess I do not understand that. It is not
called Burton, is it?
Mr. Reynolds. No, sir, it is not.
Senator Thomas. Well, what difference would it make whether
it was managed by Point Reyes or managed by----
Mr. Reynolds. I think to the visitor who did not know about
Phil Burton, or did not learn of the interpretive programs
about Phil Burton, probably they do not differentiate, but to
those people who were associated with Phil Burton through the
time that those two parks were created, I think it makes a very
great difference.
Senator Thomas. I am sorry, I do not understand that. I
guess that is all right. The parks would still be there.
Mr. Reynolds. Yes, they would, sir.
Senator Thomas. We need to find a little efficiency
sometimes, do we not?
Mr. Reynolds. Well, I do not know if this will help you or
not. As a matter of fact, Point Reyes National Seashore manages
that part of Golden Gate to which you are referring.
Senator Thomas. Good, then--all right. All right. Let's
see, the other one that was kind of interesting was the Santa
Monica boundary adjustment, here again, a real mixture of
things, land ownership, of subdivisions in the State, Federal--
it is kind of--well, Conservation is an agency of the
California Resource Department. Why do they not just keep the
land?
Mr. Reynolds. When Santa Monica Mountains National
Recreation Area was created, and I spent 5 years there as
assistant superintendent during the first 5 years, it was
created by the Congress with the understanding that about half
of the national recreation area would be managed by the State
parks system, and those State parks generally existed at the
time, although they have been added to since then, and that the
Federal Government would create additional lands to be managed,
and that those two ownerships would comprise about two-thirds
of the land within the boundary of the national recreation
area.
The remaining third would always remain private, and would
include the communities that were a part of the Santa Monica
Mountains, and would include the opportunity for those
communities to participate as a part of the conservation
management within those boundaries, and so I have forgotten how
many communities, but as I recall we dealt with approximately
70 communities within the boundaries, and still do, and
generally speaking those communities are very anxious to be
retained within the boundary of the national recreation area.
In the case of this legislation, the two communities
affected have both expressed their positive interest in having
the boundary expanded around them, and to include these
wildlife corridor lands adjacent to them.
Senator Thomas. Well, I appreciate your support on Grand
Teton. Jack Neckels' highest priority has been to do something
with the inholdings that were there.
Mr. Reynolds. It sure is. He made that very clear to me.
Senator Thomas. And he did not retire until after this bill
was filed. Did you notice?
[Laughter.]
Mr. Reynolds. That was brought to my attention, sir.
Senator Thomas. Thank you very much.
Mr. Reynolds. Thank you, sir.
Senator Akaka. Thank you for your questions. May I ask,
Senator Smith, whether you would yield?
Senator Smith. Yes, Mr. Chairman. I have no questions. I
would love to yield any time I might have to Congressman Wu,
who is an Oregon Congressman who represents the district in
which Fort Clatsop is located.
Senator Akaka. May I ask Mr. Reynolds to hold for a minute?
Mr. Reynolds. Certainly, sir.
Senator Akaka. I call Congressman Wu to the table.
STATEMENT OF HON. DAVID WU, U.S. REPRESENTATIVE
FROM OREGON
Mr. Wu. Thank you very much, Senator.
Senator Akaka. We welcome you and look forward to your
testimony.
Mr. Wu. Aloha, and thank you for having us here.
Mr. Chairman, Senator Thomas, Senator Smith, thank you for
this opportunity to testify on behalf of S. 423. Its provisions
are bipartisan, bicameral, and I am here to speak only briefly
in favor of expansion of the borders of Fort Clatsop Memorial.
It, as you know, is the only national park facility dedicated
solely to the Lewis & Clark expedition.
Yesterday, by the way, was the 195th anniversary of the
only physical mark left on the landscape by the Lewis & Clark
expedition on the way back they carved into a cliff face in
Yellowstone, near the Yellowstone River in Montana, I believe,
the name of Sacagawea's son.
There are all too few physical reminders of this great
expedition, and I am very proud to work with Senator Smith, his
counterpart, Senator Wyden, and my friend Brian Baird from the
State of Washington on this important legislation to look at a
couple of additional sites along the Lewis & Clark trail, and
also, very importantly, to expand Fort Clatsop Memorial to
include those access points that the expedition used to reach
the Pacific Ocean,also to extract salt from the Pacific Ocean
so that they could have enough salt for the trip back, and
these are important historic sites.
These are expansions which the local property owners have
agreed to in principle, and I thank you for this opportunity to
be with you today and to briefly mention this project of great
importance to our State and to our Nation, and thank you for
your courtesy, Senator Smith.
[The prepared statement of Mr. Wu follows:]
Prepared Statement of Hon. David Wu, U.S. Representative From Oregon
Mr. Chairman, Senator Thomas and members of the subcommittee, thank
you for giving me the opportunity to testify today about S. 423. I will
make my remarks brief, as I know you have an aggressive agenda in front
of you this afternoon.
I would like to commend my Senators, Senator Wyden and Senator
Gordon Smith, for introducing this bipartisan and important
legislation. Yesterday, along with Congressman Brian Baird, and
Congressman Mark Souder, I introduced the House version of S. 423, a
bit different, but equally important.
Mr. Chairman, as you know, S. 423 would expand the boundary of the
Fort Clatsop National Memorial in my district in Oregon while studying
the feasibility of including the Station Camp site in the state of
Washington into the memorial. The bill that I introduced yesterday with
Mr. Baird and Mr. Souder would also include studies of the feasibility
of including the Megler Rest Area and Ft. Canby sites, also in
Washington. Congress originally designated the fort and corresponding
125 acres in 1958. It is the only part of the National Park System that
is solely dedicated to the Meriwether Lewis and William Clark
expedition. This legislation is needed to enlarge the boundary of Ft.
Clatsop to incorporate the salt works and trail that will lead to the
areas that members of the Corps of Discovery often used in their day-
to-day operations.
To augment the expedition's low supply of salt due to their cross-
country expedition, Captains Lewis and Clark assigned members of the
expedition to produce more of the commodity. During the winter of 1805-
06, as the Corps of Discovery wintered at the fort, a salt-making camp
was set up about 15 miles southwest of Seaside, Oregon. Salt was
obtained by boiling seawater in five large kettles and the crews were
able to extract about three quarts a day. A total of four bushels were
produced and three of these were carried eastward from Fort Clatsop
when the expedition began its journey home.
The original legislation, enacted in 1958, instructed the Park
Service to include the trail from the fort to the salt works. This is
the missing piece of the national Lewis and Clark Trail.
Mr. Chairman, time is of the essence. There is broad public support
in my District to get this bill passed and the trail completed before
the beginning of the bicentennial celebration. Only by getting this
legislation to the President's desk will we be able to prepare in time.
The stakeholders are in agreement. The bill caps the acreage, there
are appropriate buffer zones, and only willing sellers will sell to add
to the memorial.
In a little over two years, the bicentennial of the Lewis and Clark
expedition will commence across the country. Communities such as
Astoria and Seaside in my District must be prepared for the people that
will trek to their areas to celebrate the bicentennial of the
expedition. The time is now to pass the Ft. Clatsop Memorial Expansion
Act. The visitors who will flock to my District will be able to share
in what the members of the Corps of Discovery experienced almost two
hundred years ago. It will be an amazing experience for thousands.
I am pleased that the subcommittee is having a hearing on this
legislation. I have worked very closely with the Clatsop County
Commissioners and the landowners in Clatsop County to ensure that there
is a consensus on the expansion. With hard work and many hours of
discussion, we have reached this bipartisan and consensus bill.
I welcome the subcommittee's questions and comments and look
forward to working with all of you to get this bill signed into law as
soon as possible.
Thank you Mr. Chairman.
Senator Akaka. Thank you very much, Congressman Wu, for
your testimony. It will be helpful to us. Thank you.
Mr. Wu. Thank you, Mr. Chairman.
Senator Akaka. I know you are busy man. You may be excused.
If you want to remain you can, too.
Mr. Wu. I would love to stay, but thank you for your
courtesies, and it is wonderful to be here, Mr. Chairman.
Senator Akaka. Thank you. Now I would like to call--Senator
Smith, do you have any questions?
Senator Smith. No questions.
Senator Akaka. Mr. Reynolds, I have an additional question
for you. We have received several letters from some inholders
in the Santa Monica Mountains National Recreation Area
expressing concern about H.R. 640. Can you tell me what effect,
if any, the expansion of the recreation area will have on
existing inholders?
Mr. Reynolds. Mr. Chairman, this bill will have no effect
on any existing private lands within the boundary, with the
exception of those that are authorized to be donated under this
bill, and actually, as I recollect, none of the lands in this
bill are presently in private ownership. If they--let's see,
that may not be true with the Las Virgenes Watershed land at
the far north, but that would be a corporation, not a private
individual, and so the effect on any other landowner anywhere
within the national recreation area would be no effect.
Senator Akaka. Senator Thomas, do you have any further
questions?
Senator Thomas. No, sir, thank you.
Senator Akaka. Mr. Reynolds, thank you very much for your
testimony this afternoon. Many of the parks covered by these
bills are in your region, and we look forward to working with
you to ensure that they are successfully implemented. Thank you
very much for being here.
Mr. Reynolds. Mr. Chairman and Senator Thomas, thank you
both very, very much.
Senator Akaka. Our next panel is Mr. Jim Medeiros from
Honaunau, Hawaii, Mr. Wayne Leslie from Kealakekua, Hawaii, Mr.
Ron Arnold, the director of the Wyoming Office of State Lands
and Investments from Cheyenne, Wyoming, and Ms. Audrey Rust,
the president of the Peninsula Open Space Trust in Menlo Park,
California.
Before we hear from this panel, I would like to briefly
introduce the two witnesses from Hawaii, and also to recognize
Ms. Geri Bell, who is superintendent of Pu'uhonua o Honaunau
National Historical Park. Thank you for being here.
Mr. Jim Medeiros, Sr., is a descendant of the original
families in Pu'uhonua o Honaunau. He was born and raised there
and has knowledge of the practices, architecture, and meaning
behind the structures and sites that exist today. He is a
cultural practitioner who is learning and teaching the wisdom
of those who came before, passed down to him by his kupuna, or
elders. He is president of Protect Kaopuka Ohana, a community
organization established for the preservation of the Hawaiian
culture.
Mr. Wayne Leslie is a fifth generation fisherman from
Kealakekua Bay. He has vast knowledge about the natural
environment, which is central to Hawaiian values. He has
participated in community meetings regarding the expansion of
Pu'uhonua o Honaunau, is a board member of Protect Kaopuka
Ohana, and is active with the Hawaiian Island Burial Council,
and I want to say Aloha, and welcome both of you to the
committee.
Mr. Leslie. Aloha.
Senator Akaka. At this time, I would like to call on you
for your testimonies, and may I ask first to hear the statement
from Mr. Jim Medeiros.
STATEMENT OF JIM MEDEIROS, SR., HONAUNAU, HI
Mr. Medeiros. Thank you, Mr. Chairman, Senator Akaka,
Senator Thomas, for this opportunity to speak before you on the
acquisition of the Ki'ilae village. Ki'ilae village is a very
special place. It is also a part of the Pu'uhonua o Honaunau.
Upon reaching the safety of the Pu'uhonua o Honaunau, the City
of Refuge, you will be blessed by the Kupuna, the priest, and
then released into the village of Ki'ilae and Kauleoli, where
you would be free in those areas, making Ki'ilae very much of a
part of the Pu'uhonua in the olden times.
Ki'ilae also is very special culturally. It is a part of an
ancient subterranean water course that runs from the mountain
to the sea. This water course was used by the ancient Hawaiians
for aquaculture, for they would raise fish. Along this water
course would be different outlets, and this fish would be
raised there for times of high seas or kapu, when fishing was
restricted in the ocean. It was also used for agriculture and
for sustaining life. This same water course would lead into the
ocean and percolate up into the front of the ocean, where
schools of fish would be congregating.
Also, Ki'ilae is home to hundreds of cultural sites,
burials, sites of the queen's bath. Our ancient Hawaiian trail
runs through this property. This property is so rich in culture
and history If this development goes through it will surely
destroy all of our sites. We have ancient sites called ahus.
These ahus were stone formations that were built by the ancient
Hawaiians and used as markers for our fishing grounds. We would
line up with these markers from off-shore, and that is where we
would locate our special different species of fish that we
would catch, and we still use them today. We still practice our
ancient cultural practices there.
I am one of 1,200 living descendants of the Pu'uhonua who
still practice there today. We gather medicines. We use woods
there. We still use these ancient markers to fish. The
acquisition of Ki'ilae would benefit not only the Hawaiian
people and our culture, but would benefit all people for
generations to come.
Keeping our culture alive helps us to keep our Aloha spirit
alive, which brings all the visitors to Hawaii, is the spirit
of Aloha, and the spirit of Aloha will be kept by the children
for future generations.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Madeiros follows:]
Prepared Statement of Jim Medeiros, Sr., Honaunau, HI
Aloha, my name is Jim Medeiros, Sr. My wife Jeana Kalani Kelekolio-
Pahukula Medeiros, my two sons, Jim Medeiros, Jr. and Jordan Medeiros,
my parents, Clarence Mokuohai Puhalahua Medeiros and Pansy Wiwoole
Kalalahua Medeiros are descendants of Pu'uhonua `O Honaunau and
adjoining ahupua'a, including Ki'ilae. My wife and moms family are
Lawai'a, fisherman that still fish these areas continuing our Hawaiian
cultural practices.
I thank you for this opportunity to share some history of Ki'ilae
with you that was told and taught to me by my Kupuna (elders). In
ancient Hawaii, Ki'ilae village was a part of Pu'uhonua `O Honaunau.
After arriving at the safety of Pu'u honua `O Honaunau the Kahuna
(priest) would perform the sacred rituals and release the pursued
individual to the village of Ki'ilae and Kauleoli to live in freedom
therefore, making Ki'ilae very much a part of Pu'uhonua `O Honaunau.
Ki'ilae holds many irreplaceable cultural properties such as, a
subterainian fresh water coarse that leads from the mountain to the
ocean. In the old times, wai (water) was of great importance, for water
was the giver of life. Ki'ilae village was a place where agriculture
took place because of its dirt and water. My grandparents would grow
their food there as did the people of Pu'uhonua `O Honaunau.
Aquaculture was also a part of this special place where inland ponds
were used and maintained by the people to raise mullet and other types
of fish. These fish were harvested during the times when ocean fishing
was kapu (restricted), or when high seas prevented fishing. There are
hundreds of cultural sites, from the burials of my ohana as well as
those of the people of Pu'uhonua `O Honaunau, Heiau's (sacred temples),
ancient trails, queens bath, site of an old school and gathering of
herbs for medicines of which the Hawaiian people of today still
practice. Land marks called ahu were built out of stones that marked
fishing grounds. From the ocean we line up with ancient ahu's to catch
different varieties of fish. We continue this practice today.
The acquisition of Ki'ilea by the National Park service will
benefit not only the Hawaiian people and culture, but will also benefit
all peoples for generations to come. Only through the preservation of
the Hawaiian culture can the Hawaiian people be Hawaiian and perpetuate
the aloha spirit that lives today. What makes Hawaii such a special
place is the spirit of aloha. The children will be the keepers of the
aloha spirit so it can continue to be felt by all who come to Hawaii.
The acquisition of Ki'ilae by the National Park service will save
it from the destruction of a planned development of a private gated
community that has benefit only to the rich. The destruction of culture
is inevitable once construction begins. The lands of South Kona Hawaii,
except for a few beach roads, are culturally fully developed, virgin
lands that have never been disturbed by heavy equiptment. These lands
were not destroyed by industry like sugar and ranching. Culture is
still intact for furture generations.
We thank the National Park service for preserving the Hawaiian
culture so the aloha spirit can live on and be shared by all the people
of the future. I represent the thousands of Hawaiians that came before
me, and the generations to come. I am one of twelve hundred descendants
of Pu'uhonua `O Honaunau, President of Protect Keopuka `Ohana, a
community organization made up of cultural practitioners,and
environmental protectors established for the preservation of the
Hawaiian culture through the education of all people on the culture and
history of the Hawaiian people.
Senator Akaka. Thank you very much for your testimony.
Mr. Wayne Leslie.
STATEMENT OF WAYNE LESLIE, KEALAKEKUA, HI
Mr. Leslie. Thank you, Senator Akaka, for inviting us here.
It is encouraging, coming this long distance, to sit before an
important body, and is most enriching to sit before you, my
kapuna from Hawaii. I am very honored to be here.
Va mauke'eao ka'aina Ika pono is the motto for Hawaii, and
that is translated as, the life of the land is perpetuated in
righteousness. S. 1057 is a perpetuation of righteousness. It
ensures the life of the land, and the spirit of Aloha, which
everyone, Hawaiian and non-Hawaiians, depend on for the
goodness and the purity of love and respect between one another
in Hawaii.
From the year 1800 to the year 1850, 90 percent of the
Hawaiian population was wiped out from disease and viral
infections from European travelers. 90 percent of our
population wiped out. 90 percent of our history can never be
shared. By opening the boundaries of the park to encompass
these lands at Ki'ilae, it is like the opening arms of a loving
mother welcoming back her lost children.
It is the ancient sites of the physical evidence of our
people, and it is not only for its interpretive values to the
world, but its value as a cultural identity to the Hawaiian
people is priceless. As a Native practitioner, I recognize that
these lands were walked by the people of long ago who are from
my lineage.
When we practice our Native arts, we recognize that we walk
in the footsteps of our ancestors, and that is the endeavor and
aspirations of all Native Hawaiians, is to live the life of
yesterday, and to bring it forth for tomorrow's people to
enjoy, and I commend you for proposing this bill that will make
tomorrow a better place for us all.
Hawaii is a jewel of the Pacific. As you know, it is the
Piko of the Pacific, and it is a natural resource that is
invaluable. When the Native Hawaiians first traveled, my
ancestors, from Kahiki to Hawaii, they knew that as they
traveled these long distances on their voyaging canoes in order
to be fruitful and to be successful on their voyage they needed
to make the most of their natural resources, and their limited
space, and the limited resources that their voyaging canoes
afforded them.
We apply this aspect of survival today in modern life,
calling our islands our canoes. The Island of Hawaii is my
island canoe, and we are all crew members of this island canoe,
and in order to survive our journey we need to make the most of
our limited space and limited resources that our island affords
us.
This bill will help to ensure the life of the land. It will
help to ensure that my children will never pose to me the
question, Daddy, who am I, where do I come from? As Native
practitioners, to walk in the footsteps of our ancestors is our
deepest aspiration.
I am honored to be here, and I bring with me my kapuna and
my kamalii, my elders and my children. My kapuna I owe a debt
to for coming here, for giving me a sense of purpose, and
giving me the direction. The same with my kamalii, my children,
who have changed my perspective.
Since my first child was born, it really gave me a sense of
purpose to protect the natural resources so they may identify
themselves as kanaka maoli, Native Hawaiians, and their
children may also. As my kapuna has protected the natural
resources so I may walk in their footsteps, it is my cultural
obligation and inherent duty, as the kanaka maoli, to provide
those natural resources so that my children may walk in my
footsteps, and as leaders, and changers of the Nation, you, our
elected officials, walk a path that the future leaders will
choose to walk.
As Native practitioners, we consider ourselves the keepers
of the flame, and the people like you who help to protect us
are also keepers of the flame. This flame lights the path that
leads to spiritual, environmental, and cultural righteousness.
(Hawaiian spoken) to you for inviting us here. Thank you for
letting me give my testimony.
[The prepared statement of Mr. Leslie follows:]
Prepared Statement of Wayne Leslie, Kealakekua, HI
Ua mau ke'ea o ka'aina I ka pono.
The life of the land is perpetuated through its righteousness. This
is the motto of Hawaii. This Senate bill 1057 is a perpetuation of
righteousness and ensures the life of the land and you are to be
commended for this endeavor which is the epitome of what is pono. Pono
is a Hawaiian expression for that which is true and just and is the way
of life for the people of Hawaiian culture; the environmental stewards
of the aina. Aina is translated as that which gives you sustenance;
physically, mentally and spiritually. We the people of Hawaii are the
stewards of the aina, and you, our elected officials, are the stewards
of the stewards.
Senate bill 1057 is a testament to your open hearts and minds; to
the importance of preserving our ancient sites and cultural resources
for all of tomorrow's people to experience and share with the world.
Ultimately we would like to see all of the lands abutting the national
park to be acquired for protection and we see this Senate bill as a
step in the [pono]direction. These lands are full of historic sites and
structures, some of which were used for agriculture,some were dwellings
or used for periodical habitation, and many of them are temples for
prayer and burial sites. To others these sites are piles of rock and
rubble with little importance. To the native populace, these sites are
the physical evidence of our peoples existence and a testament to their
perseverance and willingness to make the most of what little resources
they had. These sites are our anchors to the past and helps us to
culturally connect to a time almost forgotten. This connection enables
us to move forward with a greater understanding of who we are and where
we come from. When we look upon these sites we see our ancestors of
long ago gathered around and going about their daily routines, such as
praying, farming and living the lifestyles of ancient Polynesia. When
we touch these sites we feel the [mana] spiritual energy of our people
and know that these stones were placed here by native Hawaiians (like
myself) dressed in traditional attire and having a mindset of living in
harmony with their resources and coexisting with the aina through a
symbiotic relationship with the natural order of Hawaiian living. Also
fronting these lands are ancient [koa] which are ancient fields of the
sea which are maintained and harvested by lawai'a expert fisherman,
which is my lineage.
Senate bill 1057 helps to ensure no effluents from any proposed
developments will pollute these fishing grounds which we desperately
depend on to feed our families and perpetuate our cultural identity.
When we travel the ocean to practice our nautical arts, which were
passed down from our ancestors, we recognize the fact that these
ancestors traversed the same waters, under the same stars and with the
same aspirations 1000 years ago. When we harvest from these koa, we
recognize the fact that these fish are descended from the fish our
ancestors harvested with the same aspirations 1000 years ago. All
aspects of cultural perpetuation are our means of walking in the
footsteps of our ancestors and identifying ourselves on a cultural
level. These cultural practices tell not only the stories of what we do
but more importantly who we are! These priceless memories and gifts of
cultural enrichment afforded to me by my ancestors can best be repaid
by ensuring a viable resource for tomorrow's people so that they are
afforded the same opportunity to walk in our footsteps.
When my Tahitian ancestors set forth on their voyages of discovery
they knew that in order to succeed in their journeys they needed to
make the most of their limited space and resources their voyaging
canoes could afford. This understanding of survival is applied today
with our islands being our canoes. As island residents and political
officials we are all crew members of our island canoes. To misuse our
limited space and resources will inevitably result in the sinking of
our canoe and we will all surely perish.
Prior to European contact with Captain Cook, in the year 1779,
Hawaii's environment was so pure not even the common cold of today
existed. Between the years 1800 and 1850, 90% of Hawaii's population
was wiped out by disease and viral infections passed on to them from
the vast numbers of European travelers coming to our shores. Having no
immune system to protect them from disease, the native Hawaiians were
almost totally wiped out. Ancient Hawaiian culture dictates that our
history and genealogy are passed on through the ancient arts of: hula,
chants, and song which are only passed onto direct family members. This
decimation of the Hawaiian populace by disease, which killed people of
all ages, left the elders with no one to pass their history on to and
left the native youth with no one to pass onto them their history and
the stories of our evolution. We the generation of today are on a
voyage of rediscovery and aspire to reconnect all our people to their
roots and culture.
As practitioners of Hawaiian culture it is our inherent obligation
to advocate cultural preservation and protect all the essentials needed
to fully experience the ways of old and modern Hawaii. With a heartfelt
mahalo we thank you for the time and effort invested in this Senate
bill. You have reinstalled in us that this is a government of the
people, by the people, for the people; and by being proactive in a pono
manner, we can still make a difference!
Ua mau ke'ea o ka'aina I ka pono.
Senator Akaka. Thank you for your statement, and at this
time I would like to call on Ron Arnold, who is the director of
the Wyoming Office of State Lands and Investments from
Cheyenne.
Senator Thomas. Yes, Mr. Chairman, I would like to welcome
Ron here. He is director of State Lands and Investments and
therefore, of course, is very involved in State lands, school
lands in particular, which is what we are talking about here.
He has been in the Attorney General's Office and served Wyoming
for a long time. I welcome you here, sir.
STATEMENT OF RON ARNOLD, DIRECTOR, WYOMING OFFICE OF STATE
LANDS AND INVESTMENTS, CHEYENNE, WY
Mr. Arnold. Thank you. Good afternoon. For the record, my
name is Ron Arnold, and I want to thank you, Mr. Chairman
Akaka, and Senator Thomas for affording the State of Wyoming
this opportunity to comment on Senator Thomas' bill, S. 1105.
This has been a long time in coming, and we do appreciate the
efforts of Senator Thomas in introducing this particular bill.
I would ask that my prepared remarks be made a part of the
record, and I did attach to those remarks, Mr. Chairman, a
small map. Just for ease of all the members of the committee,
on this particular map are the three areas of just the surface
acres only. It does not identify approximately the 40 acres of
the mineral interest. The 40 acres are also contained on the
large map that you have, but for the sake of reference point,
the mineral interests, Mr. Chairman, are approximately 10 miles
north of section 16 on this small map, so it would be up here
and a little bit to the East, so we did not want to mislead the
committee in that regard, Mr. Chairman.
Senator Akaka. Your full statement will be placed.
Mr. Arnold. Thank you, Mr. Chairman.
I am appearing here today on behalf of the Board of Land
Commissioners of the State of Wyoming. The Board of Land
Commissioners is comprised of the five elected officials,
Governor Jim Geringer, we have Secretary of State Joe Meyer,
State Treasurer Cynthia Lummis, State Auditor Max Maxfield, and
the Superintendent of Public Instruction, Judy Catchpole.
This is the body, Mr. Chairman, in Wyoming that has a duty
and a responsibility to make the trustlands. For your purposes,
Mr. Chairman, the lands contained within Grand Teton National
Park are those trustlands that were given to the State of
Wyoming when Wyoming was admitted in 1890, and Congress
specifically intended not only the State of Wyoming but all
other States to take those particular trustlands and manage
them for the benefit of the common schools, so each State,
including Wyoming, had a fiduciary responsibility, the same as
a private fiduciary, in managing the trust for the
beneficiaries, which is the common schools.
I am sure most of you have had an opportunity to either
visit this part of the State, which is in the western part of
Wyoming. Jackson, the town of Jackson is immediately to the
south of Grand Teton National Park, a very, very beautiful
area. We do have millions of worldwide travelers, tourists that
come not only to Grand Teton National Park, but also go to
Yellowstone National Park.
We have this obligation to manage the trustlands in the
State for the maximum benefit of these schools. In this
particular part of the State presently land values are
escalating, and presently we have two grazing leases for these
two sections of land, and the annual income from these two
particular sections are approximately $2,000 a year.
We know that probably the highest and best use for this
particular property would be either commercial or industrial,
but we do not believe that is in the best interest of either
the State of Wyoming, nor is it in the best interest of the
Federal Government to do any sort of development in this
particular area. This is pristine area. It is undeveloped. It
is next to the Snake River. It has beautiful scenic value. It
has crucial wildlife habitat, and it is contained entirely
within Grand Teton National Park.
As a practical matter it is just not wise to have a
checkerboard situation where you have different governing
bodies that would have to manage these lands in their own
particular missions and goals, and have to jump over other
parcels that are not owned by them. We feel that we would like
to sort of partner with the Federal Government so that they can
obtain these particular lands.
The National Park Service then would have the complete
block of lands within Grand Teton National Park to manage, and
practically that is the best thing for that particular area,
for the wildlife, for the tourists, and it fulfills the mission
of the National Park Service.
In that regard, Mr. Chairman, we are in full support of
Senator Thomas' bill, S. 1105. We applaud Senator Thomas,
because we believe that this is just an ideal time for the
State of Wyoming to give up these lands and have the Federal
Government acquire these lands. It still remains public.
We have not seen any opposition in our State to this
particular bill because the members of the public will still
continue to have the access to these lands the same way as they
do now, and it helps tremendously the trust responsibility for
the Board of Land Commissioners to maximize that benefit to the
schoolchildren, so we are in full support, and we would ask
that this bill go forward.
I would be happy to answer any questions that you may have,
Mr. Chairman.
[The prepared statement of Mr. Arnold follows:]
Prepared Statement of Ron Arnold, Director, Wyoming Office of State
Lands and Investments, Cheyenne, WY
Thank you Mr. Chairman, for affording the great State of Wyoming an
opportunity to comment on the proposed exchange of its trust lands
within Grand Teton National Park to the federal government. I am
appearing here today on behalf of the Wyoming Board of Land
Commissioners which is comprised of Governor Jim Geringer, Secretary of
State Joe Meyer, State Treasurer Cynthia Lummis, State Auditor Max
Maxfield and Superintendent of Public Instruction Judy Catchpole.
STATE TRUST LANDS
The lands proposed to be exchanged are those trust lands originally
granted to the State of Wyoming by the federal government upon
admission to the United States in 1890. These land grants generally
comprise section 16 and 36 in every township and were specifically
granted to the states for the support of the common schools as states
were admitted to the Union. In Wyoming, trust lands total 3.6 million
surface acres and 4.2 million mineral acres.
The Wyoming Constitution, adopted in 1890, recognizes the trust
obligations imposed by Congress in managing the land grants which are
to preserve and protect the lands, manage the lands for the benefit of
the beneficiaries of the trust and create a permanent fund of proceeds
of trust land sales and mineral production, the income from which is to
be annually distributed to Wyoming public schools.
Article 18, Section 3, Wyoming Constitution, provides that the five
state elected officials constitute a board of land commissioners,
trustees of the land grant, ``which under the direction of the
legislature . . . shall have direction, control, leasing and disposal
of the lands . . . for the support and benefit of public schools . .
.'' The trust obligation of the five elected state officials is to
prudently enhance value and generate a reasonable annual income for the
support of Wyoming public schools. Annually, state land activities and
investments generate approximately $42 million.
STATE'S REASONS FOR SUPPORTING THE EXCHANGE
Wyoming supports the exchange as proposed in Senator Thomas' bill
1105 because the bill allows Wyoming to achieve its responsibility to
maximize the benefit to the school trust while maintaining the mission
of the park service and meeting the demands of the National public in
keeping the parks undeveloped. The bill is successful in making all
goals compatible.
GRAND TETON NATIONAL PARK
In 1929, Congress established Grand Teton National Park and
expanded the Park's boundaries in 1950. This expansion encompassed
Wyoming's trust lands which are being considered by you in the proposed
exchange. In other words, establishment and expansion of Grand Teton
National Park created State Land in-holdings. Reasonably, the
continuing management theme for Grand Teton National Park is
preservation of natural resources for the greatest good of the
countryside as a public park for the benefit and enjoyment of the
American people. Wyoming's Congressional and constitutional trust
obligation to the beneficiaries of the public school trust, created in
1890, became impossible once the lands became encompassed within Grand
Teton National Park in part because of federally restricted access,
development limitations and land protection plans implemented by the
National Park Service.
In summary, the management trust obligations for Wyoming public
schools imposed upon the Wyoming Board of Land Commissioners by
Congress and by the Wyoming Constitution for school trust lands in 1890
are realistically unable to be met due to subsequent Congressional Acts
creating Grand Teton National Park and National Forests.
SENATOR THOMAS' BILL--S. 1105 GRAND TETON NATIONAL PARK LAND EXCHANGE
ACT
To be considered in Senator Thomas' bill, S. 1105, are
approximately 1,366 surface acres of land, and 40 acres of minerals.
The surface acres consist of breathtaking mountains, vistas, Snake
River frontage and crucial wildlife habitat. These lands and minerals
are undeveloped and are totally contained within Grand Teton National
Park. Presently, the only revenue derived from these lands is from two
grazing leases which produce approximately $2,000 annually.
Grand Teton National Park is located in the far western part of
Wyoming, in Teton County. It is the gateway to Yellowstone National
Park and attracts worldwide tourists. It harbors an abundance of
diverse wildlife species and has unrivaled scenic beauty. The town of
Jackson is located a few miles south of the current Park boundary.
Residential development is spreading ever closer to the Park boundaries
and interest in developing the state lands for residential and
commercial uses is growing. Presently, land values in Teton County are
very high and Wyoming cannot satisfy its trust responsibility to earn a
reasonable return for the public school beneficiaries of the trust with
the present status of its in holdings in Grand Teton National Park. The
State of Wyoming should not be forced into a situation that would
substantially increase revenues for the public school beneficiaries of
the land trust, as contemplated by Congress in 1890, but in so doing
would adversely change the character of the land within or adjacent to
the Grand Teton National Park as contemplated by subsequent members of
Congress. An exchange to the federal government of this state trust
land provides the greatest return to the Wyoming school trust while
protecting the integrity of the Park.
Wyoming believes the proposed exchange would benefit not only the
school trust but would benefit the federal government and all United
States citizens. By acquiring these trust lands, the National Park
Service could implement efficient and consistent management practices
and policy for all of the public land within the park boundary.
Senator Thomas' proposed bill gives both the State of Wyoming and
the federal government an opportunity to help the school children in
Wyoming financially while keeping the lands within Grand Teton National
Park public and pristine. This certainly is a win/win situation for
both governments. The proposed bill will allow the trust lands to
remain accessible by members of the public and will place control and
jurisdiction with the federal government where it practically belongs.
Most importantly, the exchange fulfills Congress's intent for Wyoming
to utilize these trust lands for the support of its schools.
Mr. Chairman, thank you for the opportunity to share these thoughts
with you today. I would be pleased to answer any questions you may
have.
Senator Akaka. Thank you. Thank you for your testimony.
Audrey Rust is president of Peninsula Open Space Trust,
Menlo Park, California.
STATEMENT OF AUDREY C. RUST, PRESIDENT, PENINSULA OPEN SPACE
TRUST, MENLO PARK, CA
Ms. Rust. Good afternoon. Thank you for inviting me. My
name is Audrey Rust. I am the president of the Peninsula Open
Space Trust, and I appreciate the opportunity, Mr. Chairman and
Senator Thomas, to come here today and talk about S. 941.
I think you have received copies of this packet that we put
together, and the cover photograph shows you the dramatic
terrain, and you get a sense of what you might get, sweeping
views, looking at the photos inside the packet, but I think I
am talking to two gentlemen who know more about dramatic views
and sweeping vistas than most people in the country, given the
States that you come from.
It is a property with incredible biological diversity. It
has four watersheds with four year-round creeks that support
wildlife that is both diverse and federally listed. It has five
different plants that are federally listed, of which two grow
only on Montara Mountain, nowhere else in the world, but that
is not just the amazing part of this property. The real amazing
part is that it was still available, because it is only 10
miles from San Francisco.
It is in an area that has incredibly dense urban
development, and where real estate prices have gone up
astronomically. Anyone who has visited the San Francisco Bay
Area is aware of that fact.
We began negotiating on this property over a year ago, my
organization, which is a nonprofit, at a time when the property
was listed at $52 million. We finally reached agreement with
the landowners after a year for a price of $29,750,000, and we
took that risk, and we undertook a contract, we even purchased
a small portion of the property, because we think this is so
important to add to the National Park System.
Today, we are talking about a boundary extension which
would include some 5,000 acres. Later, if we are successful
here, and I hope we will be, we will be looking for an
appropriation. At that time, we are looking for an
appropriation for $15 million, half of what the cost of one of
those properties would be.
I am hoping that you will give your support today. The
people of the bay area are more than just enthusiastic
supporters of the GGNRA. Over the years, we have put millions
of dollars of private money into both acquisition and
improvements of the GGNRA, and we expect that we will continue
to do that into the future.
Thank you very much for your time, and I am here for any
questions.
[The prepared statement of Ms. Rust follows:]
Prepared Statement of Audrey C. Rust, President, Peninsula Open Space
Trust, Menlo Park, CA
Mr. Chairman, Members of the Committee:
Thank you for inviting me to meet with you today to request your
support of S. 941, which extends the southwest boundary of the Golden
Gate National Recreation Area (GGNRA) to encompass the 4,200-acre
Rancho Corral de Tierra property and some additional 800 acres of land
located in coastal San Mateo County, California. The availability of
this much national park quality land in a metropolitan area that has
seen and continues to experience intense urban growth represents a rare
opportunity.
My name is Audrey Rust. I am the president of the Peninsula Open
Space Trust (POST), a nonprofit land trust, located in Menlo Park,
California. POST is the current owner and option holder of the 4,200-
acre Rancho Corral de Tierra property under consideration by this
committee today. Our organization works in partnership with public
agencies and private citizens to create parks and to give permanent
protection to open lands in San Mateo and Santa Clara Counties in
California. Since our founding 24 years ago, we have participated in
saving over 45,000 acres of wetlands, forest, grassland, beaches and
farmland.
With the assistance of the federal government, POST has added the
Phleger Estate to the GGNRA as well as Bair Island and other wetlands
to the Don Edwards National Wildlife Refuge. Our projects have brought
together local, state and federal agencies and have had substantial
participation by the private donor community.
The bill before you today is a critical step in achieving a long-
held goal to place this dramatic and strategically important property
into the ownership of the National Park Service. The passage of S. 941
will make possible federal ownership of the unique lands of Montara
Mountain, creating a highly visible and dramatic entrance to the park
along the Pacific coast, protecting significant ecological resources
and linking tens of thousands of acres of existing federal, state, and
county parklands.
The 4,200 acres of Rancho Corral de Tierra encompass a nearly
intact 1839 Mexican land grant, named Corral de Tierra-Palomares. It is
adjacent on the north and east sides to other GGNRA lands, most notably
the 23,000-acre San Francisco Watershed lands over which the National
Park Service holds a protective easement, and to the north McNee Ranch
State Park (780 acres) and San Mateo County San Pedro Valley Park (978
acres), with further linkages to the GGNRA.
The lands proposed for annexation offer an unparalleled scenic
addition to the park. The ascent of Montara Mountain from the sea to
nearly 2,000 feet is a striking sight. The coastal ridge-tops provide
some of the most spectacular panoramic views to be found in northern
California, sweeping from the San Francisco Bay and the East Bay hills,
past the Point Reyes peninsula and Farralone Islands to Pescadero
Point--65 miles from north to south as the crow flies. The peaks of
Montara Mountain dominate the setting of this part of the GGNRA.
The properties contain four coastal creeks with runs of federally-
listed threatened steelhead trout, and possibly coho salmon as well.
The riparian areas serve as habitat for the threatened California red-
legged frog and San Francisco garter snake, provide a vital source of
water, increased cover, feeding and nesting opportunities and migration
corridors for the abundant wildlife in the area. Other species of
concern that inhabit the properties are Cooper's hawk, the dusky-footed
woodrat, California brown pelican, common murre, and the San Bruno
elfin butterfly. Bobcat, brush rabbits, kestrels, California quail,
several species of hawk, mountain lions and eagles are among dozens of
other wildlife species found on the property.
Due to the topography, climate and natural condition of the site,
plant assemblages of Montara Mountain are considered by biologists to
be genuinely unique, displaying plants, soils and exposures found
together nowhere else on earth. Seven plants on site are included in
the California Native Plant Society's inventory of species of
particular concern. Two of these plants, the Montara manzanita
(Arctostaphylos montaraensis) and Montara blue lupine (Lupinus
eximius), are found nowhere in the world other than Montara Mountain
and are federally listed. Three other federally listed rare and
endangered plant species have been identified: coast rock cress (Arabis
blepharophylla), San Francisco wallflower (Erysimum franciscanum) and
Hickman's cinquefoil (Potentilla hickmanii).
The boundary study undertaken by Peninsula Open Space Trust and
prepared in conjunction with the National Park Service found that
acquisition of these properties will not impose a significant new
management burden on the National Park Service. Principal management
requirements would include trail maintenance, fire management and other
natural resource management measures already carried out in nearby
areas of the park. In addition, the proposed park expansion would
benefit the recovery of species within the area and benefit populations
existing on adjacent lands already within the GGNRA. Further,
preservation of these properties will contribute significantly to the
effectiveness of ecosystem management in the area, avoiding the
problems that so often plague other park sites where important
components of park ecosystems are outside of park control.
Inclusion of these lands in the GGNRA is endorsed by numerous
groups and public officials. At the recently held well-attended public
hearing in Half Moon Bay, every speaker was in favor of this addition.
Elected officials, representatives of the Farm Bureau, equestrian
groups, neighbors and environmental groups unanimously applauded the
project. No one voiced opposition at the hearing.
This project continues to demonstrate the kind of public-private
partnership that has led to so much success in land conservation on the
San Francisco Peninsula. If Congress approves the boundary extension,
and later an appropriation for the purchase of the Rancho Corral de
Tierra property, POST has committed to raise $15,000,000 in local and
state funds to match the $15,000,000 needed in federal funds. With this
partnership the purchase of this significant and valuable property is
also a real bargain for the Park Service.
I ask for your support of S. 941.
Senator Akaka. Thank you very much for your testimony, and
I have some questions here. First, I want to say thank you very
much, Mr. Medeiros, for coming all the way from Hawaii. I
appreciated hearing your description of the area and its
meaning to families and people there that have lived in
Honaunau for generations.
My question to you is, would you be able to provide a
general picture of the level of support for expansion of the
park among Native Hawaiians in particular? What is the general
feeling about the expansion of the park to include the Ki'ilae
village area?
Mr. Medeiros. Yes, Mr. Chairman. We have great support for
the acquisition of the Ki'ilae area from the Hawaiian community
and our community general. We have over 1,000 supporters in our
community who support what we are doing and what your bill will
do, and all we can say is, we are really grateful for this
acquisition. It will save us. It will enable our children to
continue to be Hawaiian, and use these areas, and also benefit
everyone with the Pu'uhonua. It has great value to everyone. We
have a lot of support.
Senator Akaka. Would you please share with us what makes
Ki'ilae village and the adjacent parcels so significant, and
would make them good additions to Pu'uhonua o Honaunau?
Mr. Medeiros. Yes, Mr. Chairman. The Ki'ilae ahupua'a is a
virgin ahupua'a. I call it virgin lands because it has never
been disturbed by heavy equipment. Industry like sugar and
ranching has never destroyed these lands. These lands are
culturally fully developed. Within these lands are just
cultural sites in the hundreds, burials, different water
systems--it is such a valuable piece of property. Saving it
will save South Corner from being destroyed.
Senator Akaka. Mr. Leslie, I understand that you
participated in community meetings that were held by the Park
Service last fall to discuss the potential expansion with
residents. Would you please describe whether the support for
the expansion is widespread on the Island of Hawaii? Is there
support among interested in parties such as local businesses
and tourism firms, homeowners nearby, and other property
owners?
Mr. Leslie. Yes, Mr. Chairman, there is unanimous support
by the populace of the Hawaii Island, Native and non-Native
alike. To expand the boundaries of the national park makes
available to the general public and to the Native Hawaiians
access for interpretation and access for cultural
identification, which is crucial to the Native Hawaiians, to
identify ourselves as kanaka. These are the physical, the
evidence of our people.
Through these lands also cross what are called the
alakahakai, which is an ancient trail used by Native Hawaiians
to travel through each ahupua'a, or section of land, to access
shoreline for subsistence gathering and mostly important
subsistence gathering for the young and for the old, because
they cannot gather for themselves, and this is one of the only
means of protein for the Native Hawaiian people, so this
ancient trail is an integral part of our culture, and
encompasses all of these lands.
As Mr. Medeiros said, from a cultural perspective these
lands are fully developed. Anything else would be a degradation
to the sanctity and to the spirituality of these ahupua'a.
Senator Akaka. Senator Thomas, would you have any questions
for the witnesses?
Senator Thomas. Just a couple.
Ms. Rust, do you foresee additional acquisitions, or
additional expansion of the Golden Gate Recreation Area?
Ms. Rust. Of course, I represent a private nonprofit land
trust, and I do not have any control in general over what the
GGNRA would do, and I ought to clarify that our organization
works south of San Francisco, and the GGNRA, of course,
stretches to the north as well.
Within our area, this is the major, most important
property. Should there be a really important and good
opportunity in the future with adjacent lands that looked and
were measured to be of national significance, I might come back
again, yes.
Senator Thomas. I would not be surprised, actually.
Ms. Rust. But I must say, it is not a frequent occurrence
with us. We work mostly locally with private landowners.
Senator Thomas. I admire very much your doing what you are
doing. I just point out again that there are a number of
options in terms of easements, in terms of State lands.
Ms. Rust. Yes, I recognize that. When we began the process
of looking at this we conferred with the Park Service and asked
if we helped to pay for a boundary study at our expense, but to
their standards and with a person they would choose, would that
be a way to really identify if we were going in the right
direction, and they suggested that was a good idea, which we
did.
That boundary study did identify the lands being of
national park quality. It also identified the fact that it was
unlikely that any local management would be able to hold the
standards that the national park would on this property.
Additionally, it is--although I feel I am singing to the
choir on this--very scenic, dramatic property, and lends an
incredible southern entrance into the GGNRA which is currently
not in existence.
Thirdly, the land is adjacent to 23,000 acres over which
the Park Service has an easement, and it is a very important
part of the migration pattern of animals from those 23,000
acres over the hill to the west-facing slopes of this very
large property, and therefore helps to protect some of the
resources that the park is protecting on the other side.
Senator Thomas. Just, Mr. Chairman, a comment, I want to
say again how much I appreciate Mr. Arnold being here. Teton
Park is one of the most interesting places established back in
1929. It was then expanded, and was made a national monument by
Theodore Roosevelt. As late as 1950 was made part of the park,
and therefore these inholdings were already there.
One of the interesting things on the map is that the white
area around Phelps Lake is the Rockefeller Ranch, and they were
the ones, of course, who put most of this together, and they
are in the process of dedicating that back to the park as well.
So that inholding will be out of there. The whole park is about
300,000 acres. This 1,400 acres we are talking about would be a
move towards getting the inholdings and then allowing the State
to have those lands for themselves.
The idea is that the bill asks or requires the Governor or
the State board, the land board, superintendent, and the
Secretary of the Interior to come together with an appraisal.
If they cannot find one, they will come up with an intermediate
appraiser to come up with a value, and then figure out what
method they will use to make the exchange, whether it be
royalties, cash, or lands.
So we are very excited about that, and of course
Yellowstone and Grand Teton are two of the most highly visited
parks in the United States, and one we need to take care of.
So thank you for holding this hearing. We appreciate very
much all of you being here, and Mr. Arnold, again, thank you.
Mr. Arnold. Thank you.
Senator Akaka. Thank you, Senator Thomas, for being so
faithful here, and thank you to all the witnesses that have
appeared today before this committee. Again, I want to thank
you folks from Hawaii for making such a long trip. Maybe some
day you will tell us how long it was.
Senator Thomas. That is further than Wyoming, is it not?
Senator Akaka. A little bit, yes.
[Laughter.]
Senator Akaka. I want to thank Ron Arnold, too, and Audrey
Rust very much, and I would like to announce that the hearing
record will remain open for a week if anyone wants to submit
additional comments on any of these bills.
So there being no further questions or comments, I would
like to again say thank you and to conclude this hearing today.
The hearing is adjourned.
[Whereupon, at 4:08 p.m., the hearing was adjourned.]
APPENDIX
Additional Material Submitted for the Record
----------
County of Hawaii,
Hilo, HI, May 16, 2001.
Hon. Daniel Akaka,
U.S. Senate, Hart Senate Office Bldg., Washington, DC.
Dear Senator Akaka: The purpose of this letter is to request that
you seek Congressional authorization to expand the boundaries of Pu'u
Honua O Honaunau National Park.
As I am sure you know, our local media have given a good deal of
attention to a development proposed on 800 acres adjacent to Pu'u Honua
O Honaunau. The community, particularly the Hawaiian community, has
been outspoken in its desire to see this acreage preserved and the park
enhanced. Numerous historic sites have been identified or, this
acreage, some or all related to the ancient Hawaiian village of
Ki'ilae.
My staff has spoken with Ms. Geri Bell, Park Superintendent, and
she has said that at least 238 acres (out of the 800) are closely
linked to the park and associated with the village of Ki'ilae.
Moreover, she has indicated that the owner of the land would willingly
sell the 238 acres to the National Park. The next step is Congressional
authorization.
The acquisition could be 238 acres, 800 acres, or something in
between, and I would leave that determination to the experts to decide.
However, your support for acquisition of at least the smaller portion
would allow for a valuable addition to the park and assure preservation
of an important part of our ancient Hawaiian heritage.
I fully support the expansion of the park by acquisition of this
acreage, and hope you will let me know if there is any way in which I
can be of assistance.
A similar letter has been sent to the other members of our
Congressional delegation.
Aloha,
Harry Kim
Mayor.
______
County of Hawaii,
County Council,
Hilo, HI, March 19, 2001.
Hon. Daniel Akaka,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Akaka: Mahalo for your aloha during my recent visit
with you on March 6, 2001. I was gratified by your interest in the
expansion of Pu'u Honua O Honaunau National Park. I agree with you that
public support for this expansion of Pu'u Honua O Honauriau National
Park is an important factor to examine. From my own conversations with
individuals and groups throughout my district, I have gathered the
clear impression that the people of this area want this expansion to
occur.
I would like to review the situation that I spoke with you about at
our recent meeting. Pu'u Honua O Honaunau National Park has a singular
opportunity to add irreplaceable culturally and historically important
lands to its holdings. The park officials are currently negotiating to
expand its holdings by adding roughly 240 acres of adjoining land to
its park area. This adjoining land is one of the only undisturbed
burial grounds and cultural resources in Kona and perhaps this island.
The recently nationally designated Ala Kahakai Trail passes through
this parcel.
I spoke with Pu'u Honua O Honaunau National Park Superintendent
Geri Bell about park expansion to the limits of the 800 acre CMI
project. She responded that she would be very happy to have the entire
parcel included within the park's borders, but had thought it was not a
real possibility. When I explained to her that the Trust For Public
Lands was interested in this goal and that there are others willing to
help make this a reality, she expressed happiness and assured me that
she would be happy indeed to include the entire parcel in the park and
would work together with those willing to secure this outcome. She said
she would be writing a formal request to expand the boundaries of Pu'u
Honua O Honaunau Park to her superiors in the National Park Service.
Survivors of the MacCandless Ranch, that owned this parcel, have
formed a partnership with a developer. That company has started
bulldozing areas that include graves and cultural sites to make way for
a residential subdivision. The park is negotiating for 240 acres of
this 800-acre parcel. The developer knows this particular 240 acres is
too sensitive and covered with cultural resources to successfully
develop in the face of local opposition. I attended a public meeting
held at Pu'u Honua O Honaunau National Park in February 2001 concerning
this proposal. All residents expressed the opinion that this whole 800-
acre parcel should be preserved and added to the National Park if at
all possible. Residents and cultural practitioners provided witness to
the fact that bulldozers had uncovered and disturbed known gravesites.
The archeological survey revealed the entire area of 800 acres was
covered with known sites of significance. Residents were outraged that
their ancestors' graves were being treated in this fashion despite
strict guidelines established by state law and the Hawaiian Burial
Council. The Trust For Public Lands has expressed interest in working
with residents and park officials to obtain this 800 acre tract for
inclusion into Pu'u Honua O Honaunau National Park.
I feel that the residents and voters of this area have stated very
clearly that they support an intact culture and environment over a few
short-term environmentally destructive jobs. The people of my district
know the value of preserving this intact cultural and environmental
resource. They have elected me twice knowing that this is my outlook
and goal. What Hawai'i has in this district is more valuable to our
culture, economy, and future than a new residential subdivision.
Please support legislation expanding the borders of Pu'u Honua O
Honaunau National Park and pass legislation enabling the purchase of
these 800 acres for inclusion into the national park system. By adding
to this park now, I am sure that we will have preserved these remaining
cultural and environmental resources that are perhaps more important
than any other lands within the state of Hawai'i.
Thank you for your consideration of this matter and the warm
welcome my husband and I received at your office.
With aloha,
Julie Jacobson,
Councilwoman.
______
National Parks Conservation Association,
Washington, DC, July 26, 2001.
Hon. Daniel K. Akaka,
Chairman, National Parks, Historic Preservation and Recreation
Subcommittee, Energy and Natural Resources Committee, U.S.
Senate, Washington, DC.
Dear Chairman Akaka: The National Parks Conservation Association
(NPCA), the only private, nonprofit advocacy organization dedicated
solely to protecting, preserving, and enhancing the National Park
System, appreciates the opportunity to comment on S. 1105, legislation
to provide for the expeditious completion of the acquisition of State
of Wyoming lands within the boundaries of the Grand Teton National
Park.
NPCA supports the overall purpose of the Grand Teton National Park
Land Exchange Act, to acquire State lands within the boundaries of the
Grand Teton National Park. However, we are seriously concerned with the
potential impact of Sec. 5 of the bill, which provides for an exchange
of federal land for the state lands inside the park.
NPCA is concerned that the bill does not identify which federal
lands might be considered for exchange with the state. This provision
could lead to the disposition of environmentally sensitive lands,
including lands near or adjacent to national parks or national forests.
Subsequent development of the traded lands could negatively impact
nearby federal property.
NPCA recognizes that some federal lands may be deemed surplus and
suitable for disposal or exchange. There is an established process for
making such a determination that should be followed in all cases where
federal land exchanges are considered.
In general, however, NPCA rejects the suggestion that the
acquisition of additional federal lands necessitates the disposition of
other federal lands. Protected federal land is one of our nation's
greatest assets and must not be disposed of without great deliberation.
S. 1105 has the real potential to benefit both the American public
by reducing inholdings and protecting lands from potential development
in Grand Teton National Park, as well as to benefit the State of
Wyoming by raising needed funds for public schools.
We suggest that the bill be amended to require the transfer of
Federal assets, other than land, to the state. Such assets could
include mineral royalties that would otherwise flow to the Federal
Treasury.
We remain committed to working with the author of the bill, Senator
Thomas, and the Committee to arrive at legislation that will be a win-
win for the park and the people of Wyoming.
Thank you.
Kevin Collins,
Acting Director, Government Affairs.
______
Statement of the Greater Yellowstone Coalition on S. 1105, the Grand
Teton National Park Land Exchange Act
We would like to thank Senator Thomas for his leadership in
introducing this legislation, and to thank Senator Enzi for co-
sponsoring this important measure.
Grand Teton National Park was originally set aside by an act of
Congress in 1929, and included only the Teton Mountain Range and the
glacial lakes at the base of the mountains. Then in 1943 Franklin
Roosevelt established Jackson Hole National Monument through
presidential proclamation, which combined Teton National Forest acreage
and other federal properties. On September 14, 1950, the original 1929
Park, the 1943 National Monument, and a 35,000-acre donation by John D.
Rockefeller, Jr. were united into the present Grand Teton National
Park.
The Park covers over 300,000 acres and includes the Teton Mountain
Range and Jackson Hole, a mountain valley. First time visitors to the
Park are taken by the Grand Teton, which rises to 13,770 feet above sea
level. Nearly a dozen other Teton peaks reach above 12,000 feet
elevation, supporting a dozen mountain glaciers. According to the
National Park Service, these are the youngest of the mountains in the
Rocky Mountain system.
While the towering peaks capture the attention of visitors, it is
the valley portion of the Park that provides important wildlife
habitat, from riparian areas bordering rivers and streams, to sagebrush
flats, lodgepole pine and spruce forests. The wide range of plant
communities create habitat for a variety of animals.
The State of Wyoming owns approximately 1,400 acres that are
located primarily on the valley floor within the boundaries of the
Park. These lands were granted to Wyoming upon statehoodin 1890, for
the purpose of providing for the State's educational system. However,
the Wyoming's school trust has realized little financial benefit from
the grant, as it is extremely difficult to develop at these sensitive
locations. Further, development of these lands would threaten the
national interest in protecting the Park.
S. 1105 would exchange these state lands for mineral royalties,
appropriated dollars, or unidentified federal lands. This forward
thinking action would protect key lands within Grand Teton National
Park to protect the Park and important wildlife wintering and migration
corridors. The legislation would also allow the State of Wyoming to
gain additional benefits from State lands in the area.
The Greater Yellowstone Coalition strongly supports the exchange of
these state lands out of the Park. This would be a tremendous step for
protecting Park values. We also believe it is fair to compensate the
State of Wyoming for these inholdings. The legislation benefits both
the national interest by protecting the integrity of one of our best
national parks, and the State of Wyoming's interest by providing
funding for the State's education system. This land exchange can truly
benefit all interests involved, the environment, the public and
education.
We are, however, concerned with the possible unintended
consequences of this bill as drafted.
Section 5 states the Secretary of the Interior shall provide the
State of Wyoming with Federal lands or assets as compensation for the
State lands acquired by the United States government. We are concerned
that, although it is not the sponsor's intention, this provision of
unspecified land could lead to the disposition of environmentally
sensitive tracts of federal land that could then be developed. Further,
the legislation does not provide any limits on the pool of federal land
from which the State could make selections. For example, such lands are
not limited to the State of Wyoming. Nor is there a limit on whether
lands could be taken from National Parks, for example, or perhaps from
National Forests.
This problem can be avoided by not offering the State real property
as compensation. The Section 5 language currently provides that the
Secretary of the Interior ``shall exchange Federal lands of equal value
or other Federal assets of equal value, or a combination of both, for
the State lands.'' We suggest this language should be amended to read
``shall exchange Federal assets of equal value, exclusive of real
property, for the State lands.''
We believe it would be advantageous to all interests if the State
of Wyoming receives as compensation for the state parcels royalty
payments due the United States from existing development of energy
tracts on federal lands. The State would receive payments until it is
fully compensated, then the royalty rights would revert back to the
United States.
The advantages of exchanging the state land for fuels royalties are
several. First, appraisals are only required on the State lands.
Second, there is no environmental downside because the possibility of
the State of Wyoming acquiring sensitive lands is eliminated. And
finally, the State receives direct revenues to use for its education
system, as opposed to more land that must be developed before any
benefit is derived.
Although it is not our preference, the legislation could also be
amended by limiting the State's selection to property that has been
identified for disposal through agreement by all of the interested
parties. If this route is selected, we believe it would be prudent to
adhere to past models on this issue. For example, with the land
exchange legislation for the Grand Staircase Escalante National
Monument in the State of Utah, the environmental community was involved
in determining which federal lands were suitable for disposal, and
these lands were then specifically identified in the legislation.
We also note that Section 4 allows the Governor to petition to
Federal Court in the event of a dispute over valuation of exchanged
lands, but the same option is not provided to the Secretary. There
should be parallel opportunities for resolving potential disputes.
We believe that with resolution of these issues, the Grand Teton
National Park Land Exchange Act would be important and beneficial
legislation both for our National Park System and the State of Wyoming.
We appreciate the collaborative and cooperative efforts to see the
success of Senator Thomas' commitment to what can be a win for all
interests. Improving this bill will improve that success and strengthen
the Grand Teton National Park far into the future.
______
RESOLUTION N0. 64597
Resolution in Support of H.R. 1953 (Lantos) and S. 941 (Feinstein-
Boxer) Golden Gate National Recreational Boundary Adjustment
RESOLVED, by the Board of Supervisors of the County of San Mateo,
State of California, that
WHEREAS, the Golden Gate National Recreation Area (GGNRA) was
created by an act of Congress in 1972 to ``preserve for public use and
enjoyment certain areas of Marin and San Francisco counties . . .
possessing outstanding natural, historic, scenic and recreational
values;'' and in 1980 federal legislation was enacted to expand the
boundary of the GGNRA to include significant lands in San Mateo County
including the 1,100-acre Sweeney Ridge property;
WHEREAS, the GGNRA consists of 74,000 acres of land and water,
approximately 28 miles of coastline and specific sites including
Alcatraz, Marin Headlands, Fort Funston, Fort Mason, Muir Woods, Fort
Point National Historic Site and now the San Francisco Presidio; it
offers diverse urban and rural lands that are regarded as nationally
significant cultural and natural resources;
WHEREAS, House Resolution 1953 (Lantos) and Senate 941 (Feinstein
and Boxer) would expand and adjust the boundary of the Golden Gate
National Recreational Area (GGNRA) to include an area of about 5,000
acres of undeveloped land known as the Devil's Slide area and the
Rancho Corral de Tierra located on the coast in San Mateo County;
WHEREAS, the lands proposed to be added to the GGNRA under H.R.
1953 and S. 941 according to a comprehensive study completed by the
Peninsula Open Space Trust in consultation with the National Park
Service staff, would provide a logical southern entry to the GGNRA and
protect an unusually large piece of significant scenic and ecological
resource firmly linked to existing parkland;
WHEREAS, the Devil's Slide properties will become landlocked when
the tunnel is built and the old Highway One alignment at Devil's Slide
is proposed to be kept as a trail for nonmotorized use as it will be
deemed excess;
Regularly passed and adopted the 24th day of July, 2001.
AYES and in favor of said resolution.
Supervisors: Mark Church, Jerry Hill, Richard S. Gordon, Rose
Jacobs Gibson, Michael D. Nevin.
NOES and against said resolution:
Supervisors: None.
Absent Supervisors: None.
Michael D. Nevin,
President, Board of
Supervisors,
County of San Mateo,
State of California.
Certificate of Delivery
(Government Code section 25103)
I certify that a copy of the original resolution filed in the
Office of the Clerk of the Board of Supervisors of San Mateo County has
been delivered to the President of the Board of Supervisors.
Ashnita Narayan, Deputy,
Clerk of the Board of
Supervisors.