NPS Centennial Monthly Feature
For this month's reflection back on the first 100 years of the
National Park Service, we'll explore one more important period during
NPS history the largest expansion of the National Park System
since its founding resulting from the passage of the Alaska National Interest
Lands Conservation Act (ANILCA) in 1980. Over a dozen national park
units, encompassing over 157,000,000 acres were added to the
System.
The following excerpt from the study, "Do Things Right the First Time": Administrative
HistoryThe National Park Service and the Alaska National Interest Lands
Conservation Act of 1980, was written by G. Frank Williss five years after
ANILCA's passage. Williss examines the National Park Service's history in
Alaska and its role in implementing ANILCA's mandates.
To learn more details about the relationship between humans and the Alaskan
environment, as well as the impacts to Native cultures resulting from the
establishment of national parks, please consult these additional books.
"Do Things Right the First Time"
Administrative History: The National Park Service and the Alaska National Interest
Lands Conservation Act of 1980
G. Frank Williss
September 1985
U.S. Department of the Interior / National Park Service
Foreword
Passage of the Alaska Lands Act of 1980 marked the
historic zenith of this Nation's conservation and national parks
movement. On a grand scale, with now-or-never urgency, the people, their
agency trustees, and their elected representatives fulminated over
Alaska's fate, striving to balance conflicting demands of preservation
and development. The struggle became a symbol of paramount national
values, transcending the Alaska land base itself. Only by the thinnest
margin of time and events was the Act consummated, for the trends of
world history now thrust us apace into the economy of scarcity. No
matter how many new parks and refuges may be enacted in the years to
come, never again will such extensive landscapes be dedicated to
esthetic, essentially non-utilitarian futures.
Over many generations the Nation's conservation
systems had preserved scattered remnants of the frontier in the
developed regions of the country. Alaskaits remote spaces thinly
populated by people who left few tracesallowed an accelerated but more
generous replay of that earlier history "down below." The forces that
took a century to fence the trans-Mississippi West were similarly
transforming Alaska in little more than a decade. Statehood, Native land
claims, and oil combined to impose a new land tenure system on one-fifth
of the Nation in record time. At some point in this gigantic land
disposition the national interest must be served.
In 1971 Congress set in motion the process that would
allot Alaska's land amongst its many claimants, changing Alaska from
almost wholly federal domain to a mix of federal, state, and private
ownerships.
As part of this process, the National Park Service
and other federal conservation agencies were to recommend national
interest lands, which Congress would consider for preservation as parks,
forests, wildlife refuges, and wild rivers. This mandate triggered a
massive response by the agencies, by conservationists, by opponents of
the conservation proposals, and by Congress itself. Nine years it took,
from 1971 to 1980, to resolve by legislation the issues raised by the
national interest lands commandment.
The course of events during that nine years, as it
affected and was affected by the National Park Service, is the subject
of this study. Though the work of other agencies and groups is treated
for contextual purposes, the substance of this study is the
institutional response of the National Park Service to the congressional
charge. Nor is this study designed to assign credit internally or to
other agencies and groups for the roles, actions, and decisions that
helped to carry the legislative and political process to conclusion.
Rather, it is an institutional history premised on the notions that all
of the players inside and outside the National Park Service did their
work according to the lights that guided them, and that given the stakes
of land and the varied interpretations of the national interest residing
therein, the eventual political settlement embodied by the Act gives
proof of the vitality of the democratic process in this Nation.
It is recognized that this study verges on instant
history. In this instance, the justification for writing history while
the wake of events still perturbs the waters is twofold: First, in minds
and files, all of them mortal or destructible, lie the data of history.
These data erode as people scatter and the years take toll of lives and
records. Second, the evolution of the parkland proposals during the
legislative and political process largely defined congressional intent
and prescribed the tone for parkland administration, intent and tone
that would carefully blend national, state, and local interests in
varying combinations in each of the parklands. In his December 2, 1980,
directive for implementation of the Act to his assistant secretaries,
Secretary of the Interior Cecil Andrus put the case succinctly:
It is critical to preserve this information not only
as an adjunct to implementation but also to document for the future one
of the most important environmental successes of this generation. . . .
Your staff should be instructed to retain all Alaska-related documents
and to cooperate . . . in compiling the legislative and administrative
history and consolidating the background documents.
In this light, the present study is a facet of the
implementation of the Alaska Lands Act of 1980. It is principally an
overview historical narrative that isolates salient events and actions.
Secondarily, it is the means to identify, compile, and protect
(physically or by reference to source repositories) the documents and,
by extensive taped interviews, the memories of participants. The study
is not intended as the definitive word on all aspects of National Park
Service involvement in the Alaska Lands Act process. Rather, it provides
the narrative frame for major events and compiles the data for future
detailed studies, as these are deemed necessary and appropriate by
historians both inside and outside the National Park Service.
This study contributes to the larger history of the
Alaska Lands Act being compiled by other federal and state agencies,
public groups, and congressional bodies. Someday, perhaps, these many
elements will be synthesized in a general history. As important, as
Secretary Andrus recognized, this history will illuminate the Alaska
management policies of the National Park Service itself. Captured in the
narrative and the reference annotations are the base points of
congressional intent and understanding as to the roles and functions of
each parkland in the Alaska mosaic These distillations of purpose help
hold Park Service administrators to account. Ignorance of these purposes
could produce drift and deviation from ideas and ideals forged by nine
hard years of thought, strife, and resolution. The point is, each of
these new parklands has a defining history already. This history, pulled
together and recounted in this volume, is a guide to parkland
administration. Here are explicated the sanctions of a law that finally
balanced conflicting interests through democratic process. Thus, though
people change, this history, if assiduously consulted, can lend
continuity of administration to a land base that requires new departures
and adaptations by the National Park Service. The rationale for
non-traditional parkland managementin such critical fields as access,
hunting and subsistence, wilderness, habitat, and cultural
protectionare here set forth. Any responsible National Park Service
official dealing with Alaska lands or issueswhether in administrative
management, planning, development, or operationswho remains ignorant
of this complex background imperils the future of the Alaska
parklands.
The author of this work, Historian Frank Williss, has
set the Alaska Lands Act-period into a contextual history significant in
its own right. Chapter One traces the earlier history of the National
Parks in Alaska, beginning in 1910. The traditions established in those
pioneering years lent substance to a long series of critical land-use,
biological, and cultural studies that laid the groundwork for National
Park proposals in the 1970s. Chapter Two establishes the background of
the Alaska Native Claims Settlement Act of 1971, one clause of which
called for conservation-unit proposals to be presented to Congress.
Chapter Three relates the internal response of the National Park Service
to this call, the mobilization of the Alaska Planning Group, and the
inter-agency cooperation that resulted in the 1973 proposals to
Congress. Chapter Four describes the legislative process that then
ensued, a process that evolved over six years into a hard-fought
political struggle that taxed the National Park Service to provide
specific data and revised recommendations relating to the proposed
parklands. Chapter Five narrates the ground-proofing work of the
Alaska-based task force, in social and physical environments that
required tenacity and enlarged perspective. Here, too, is treated the
controversial National Monuments period, 1978-80, a time when a
necessary holding action at the national level created great stress in
Alaska at the community level, pending confirming action by Congress.
Finally, the Epilogue treats the first stages of Alaska Lands Act
implementation, a challenging period when non-traditional parkland
precedents were set by a gifted group of superintendents and their
miniscule staffs, who were thrust into vast landscapes with only the
slimmest resources. Mr. Williss concludes his history with questions
about a future unpredictable but promising.
With a personal note I conclude this Introduction. To
have participated in some of the exciting moments of this
historywith the talented and dedicated people whose work is
sketched belowwas to touch the stuff of legend. There was drama
here, every bit as moving as that passed down from the legendary
campfire at Yellowstone. But all this was only prelude.
The work now being done and yet to do gives us the
chance to recapitulate the early days of Park Service history. Here is a
place where new legends wait to be born, where new heroes can prove
their mettle.
William E. Brown
Preface
The Alaska National Interest Lands Conservation Act
of 1980 (ANILCA) was one of the most significant pieces of conservation
legislation in this Nation's history. The nine-year struggle over the
disposition of the public lands in Alaska is, moreover, a fascinating
case study in the American democratic process, where differing views
over the uses of those lands would be presented, argued, and, finally
compromised. Not the least of the complex of forces involved in the
process was the role of the Federal agencies. In the unfolding drama,
these agencies had to respond to congressional mandates, the demands of
the conservation community, and pro-development pressures. The purpose
of this paper is to examine the history of the National Park Service in
Alaska, and in the legislative process that resulted in ANILCA.
The study is not a general history of ANILCA. Rather,
it is a one-sided one that examines the role of one agency whose primary
mission is preservation. It is not, moreover, intended to be definitive
history of the Park Service's role. It is the first step in an analysis
of the Service's role in the process, and is part of the on-going effort
to implement the ANILCA mandate.
I have enjoyed enormous support both from within and
outside the National Park Service in preparing this history. It would be
impossible to even begin to list here all the people who took time for
interviews, loaned me material, answered questions, made helpful
suggestions, and offered encouragement. Their names appear in footnotes
and in the bibliography. This is not, by any means, sufficient
recognition for their contributions, but I hope they know how much I
appreciate their help. I do want to thank present and past Alaska
Regional Directors Roger Contor and John Cook and their staffs for
giving me the fullest possible support in my work. Bill Brown,
particularly, helped formulate ideas and always took time from his busy
schedule to listen to my tales of woe and offer encouragement and
valuable insights. Ted Swem opened his personal files, helped to arrange
interviews, and was always available to answer questions or to clear up
some obscure point. His enthusiasm for and commitment to the Alaska
parklands played no insignificant role in preparation of this history.
John Luzader did yeoman work in assisting with the research. He waded
through an almost frightening amount of material in the Denver Public
Library and in Washington, D.C., and prepared invaluable summaries on
litigation and minerals. Patricia Sachs relieved me of concerns in
preparing most of the maps included. Harry Crandell, Chief of Staff,
House of Representatives Subcommittee on Public Lands and National
Parks, helped me through the intricacies of the legislative process. A
weekend with Bill Reffalt and Christine Enright helped to broaden my
perspective regarding the cooperation and objectives of the National
Park Service and Fish and Wildlife Service. Carl Kessler, Chief of the
Law Branch, U.S. Department of the Interior Library, made available
material that I would not have seen otherwise, and always proved willing
to send me a document or answer a question. Linda Greene gave up a
weekend to conduct research in the Alan Bible Papers. I have had several
supervisors over the several years this project has lastedWil Logan,
Betty Janes, and John Latschar. All gave me the fullest support,
relieved me of all responsibilities save preparation of this history
and, to varying degrees, made few comments regarding the condition of my
office. Deciphering my handwriting, I must admit, is a difficult job at
best. Joan Manson did an extraordinary job in doing that to type the
manuscript, and she accepted my nearly innumerable changes with constant
good humor.
This history is, in the truest sense, the joint
effort of many people. If, however, despite the considerable support and
help I received, the history fails to rise to the subject, the fault is
mine alone.
I have come to respect the people involved in the
long years of struggle over the disposition of Alaska's public lands.
Whatever their position, people gave of themselves in a way that must be
admired. In particular I wish to note National Park Service employees
who were killed while on an inspection tour of the proposed Lake Clark
National Park:
Keith Trexler
Rhonda Barber
Carol Byler
Janice Cooper
Dawn Finney
Jane Matlock
Mickect (Clara) Veara
Chapter One: The National Park Service in Alaska Before 1972
A. The National Park System in Alaska, 1910-1970
On January 11, 1972, the National Park Service
forwarded its preliminary recommendations for withdrawal of twenty-one
areas totaling 44,169,600 acres of land in Alaska for study as possible
additions to the National Park System. 1
Part of a general Department of the Interior preliminary proposal that
totaled 101,373,600 acres, the recommendations were mandated by section
17(d)(2) of the Alaska Native Claims Settlement Act (ANCSA) of December
18, 1971. 2
Alaska. (click on map for larger size)
These preliminary recommendations were put together
in a matter of days after the passage of ANCSA. They were not whimsical,
however, but were based on a body of knowledge of the resources of
Alaska gained through years of experience and study there. By 1972 the
National Park Service administered four areas in Alaska that totaled
just over 7,545,000 acres. 3 The Service
had established a presence there, that, while too often superficial,
perhaps, existed from its earliest days as an organization.
In light of later events, it is perhaps ironic that
the origin of the National Park System in Alaska is to be found in
President William Howard Taft's use of the Antiquities Act of 1906.
Responding to a report that documented the destruction of resources in a
public park (Totem Park) in the small southeastern Alaska fishing
village of Sitka, President Taft invoked the Antiquities Act to
establish Sitka National Monument on March 23, 1910. 4
Sitka National Monument was established to protect
significant historic and cultural resources relating to the
Russian-Tlingit battle of 1804, and cultural artifacts of southeast
Alaska Natives. 5 Use of the proclamation
provision for Sitka was not, however, the last time a president would
invoke the Antiquities Act to protect what he deemed to be nationally
significant resources in Alaska. In fact, before 1970 the National Park
System in Alaska was one that existed primarily by executive action. The
one exception was the 1,408,000-acre Mt. McKinley National Park,
authorized on February 26, 1917, to protect the wildlife in an area of
incomparable grandeur that included portions of the highest mountain in
North America. 6
Establishment of Mount McKinley National Park was not
the result of any broadbased movement, but, rather, was due largely to
the efforts of the Boone and Crockett Club and, in particular, its game
committee chairman, Charles T. Sheldon. Valuable support came from the
Camp Fire Club of America, American Game Protective Association, and key
officials in the Department of the Interior, including Assistant
Secretary Stephen T. Mather, who would soon become the first director of
the newly-created National Park Service. 7
It was Sheldon, however, a well-known naturalist, who first conceived of
"Denali" National Park when he wintered on the Toklat River in 1907-08,
initiated the process, secured the approval of Department of the
Interior officials, did much to drum up support for the proposal, and
drafted the initial boundaries. 8
Despite support from conservation groups, Department
of the Interior officials, the governor of the territory of Alaska, and
Alaska's delegate to Congress, James Wickersham, who introduced the bill
in April 1916, the proposal ran into unexpected opposition in
Congressmuch of which apparently had little to do with the
proposal itself. The bill was reported out of the House Committee on
Public lands late in the session and passed the full House on February
19, 1917. The next day the Senate, which had already passed Senator Key
Pittman's version of the bill, concurred in the amended House bill.
President Woodrow Wilson signed the bill into law on February 26, 1917.
9
Officials in the newly-created National Park Service
were surely pleased with passage of the bill that brought Mount McKinley
National Park into the National Park System. Yet at the same time, they
were concerned that the problems the bill encountered in the House might
imperil future park projects. 10 As a
result, when Robert F. Griggs and the National Geographic Society
proposed establishing a national park in an area of extreme volcanic
activity on the Alaska Peninsula later in 1917, Acting NPS Director
Horace M. Albright indicated that such an action was impossible. 11 Although he personally agreed that the
area surrounding Mt. Katmai, which still displayed the affects of a
violent eruption that occurred in 1912, met national park criteria,
Albright believed that protection would have to come through
presidential, not congressional action. 12 Accordingly, Griggs and the National
Geographic Society, aided by NPS officials, undertook a campaign that
culminated when President Woodrow Wilson set aside the 1,087,990-acre
Katmai National Monument on September 24, 1918. 13
The monument, which included primarily the active
volcanic peaks surrounding Mt. Katmai, the Valley of Ten Thousand
Smokes, and the most promising east and west access routes, was set
aside, President Wilson said in his proclamation, to preserve an area
that would
be of importance in the study of volcanism . . .
offer excellent opportunities for studying the causes of the catastrophe
and its results and affording a conspicuous lesson in volcanism to
visitors interested in the great forces which have made and still are
making America.
The proclamation made no mention of the wildlife,
particularly bears, that is so significant a part of the visitor
experience at Katmai today.
Using the Antiquities Act to establish Katmai
National Monument allowed the Service and its friends to protect an area
of unquestioned national significance while avoiding a potentially
costly battle in Congress. At the same time, it exposed another problem
that is familiar todaythe opposition of most Alaskans to
withdrawal of lands by the executive branch of the Federal Government.
This view was expressed in a letter from Territorial Governor Thomas
Riggs, Jr., shortly after the establishment of Katmai National
Monument:
I cannot help but feel that the withdrawal of land
embraced in this monument was ill-advised, owing to the intense feeling
which is aroused in Alaska through additional withdrawals. It is a
common saying throughout the Territory that the President's announcement
about the rights of small peoples to have a voice in their government
applies to everybody on the face of the earth except Alaska. 14
Six years later, when another group sought to secure
preservation of an area at Glacier Bay, the editors of the Juneau
Empire expressed the attitude of Alaskans toward land
withdrawals. Calling the proposal "A Monstrous Proposition," the paper
said:
It tempts patience to try to discuss such nonsensical
performances. The suggestion that a reserve be established to protect a
glacier that none could disturb if he wanted and none would want to
disturb if he could or to permit the study of plant and insect life is
the quintessence of silliness. And then when it is proposed to put
millions of acres, taking in established industries and agriculture
lands and potential resources that are capable of supporting people and
adding to the population of Alaska, it becomes a monstrous crime against
development.
"It leads one to wonder," the editors wrote, "if
Washington has gone crazy through catering to conservation faddists."
15
The fury of the editors of the Juneau Empire
had been aroused when President Calvin Coolidge ordered the temporary
withdrawal of land at Glacier Bay, pending determination of an area to
be permanently withdrawn as a national monument. 16 The next
year, following resolution of a conflict over boundaries, President
Coolidge invoked the Antiquities Act to establish the 1,164,800-acre
Glacier Bay National Monument. 17
As was the case with Katmai National Monument, the
movement to establish a national monument at Glacier Bay was due
primarily to the efforts of scientists and conservationistsin this
case, the National Ecological Societyand the area was set aside to
reserve a significant resource for scientific research. 18 In
fact, with the exception of a statement regarding accessibility, the
reasons for protection in the President's proclamation were those
originally drafted by the National Ecological Society: protection of
tidewater glaciers and a large stand of coastal forests in natural
conditions, the unique opportunity for scientific study "of glacier
behavior and of resulting movements and development of flora and fauna
and of certain valuable relics of ancient interglacial forests."
19
One additional areaOld Kasaan National
Monumentwas administered by the Service for some twenty years.
Located on Prince of Wales Island in Southeast Alaska, Old Kasaan was
set aside by President Woodrow Wilson on October 25, 1916, to protect
the ruins of a former Haida Indian Village. 20 Because Old
Kasaan was in Tongass National Forest, the monument was originally
administered by the Forest Service. Administration was transferred to
the NPS by Executive Order 6166 on August 10, 1933. 21 The
monument was abolished on August 25, 1955. 22
With establishment of Glacier Bay National Monument,
the National Park System in Alaska prior to 1972 was complete, save
boundary adjustments and the transitory inclusion of Old Kasaan National
Monument. In addition to the one historical area (Sitka National
Monument), the system consisted of three natural areas that were places
of superlative beauty and grandeur seldom matched elsewhere. Moreover,
Katmai and Glacier Bay were recognized as being unique living
laboratories for students of volcanism and glaciology, and Mt. McKinley
National Park was recognized, as it is today, as one of the world's
great wildlife reserves.
It was, too, a system that reflected some of the
unique conditions encountered in Alaska. In size alone, the parks
mirrored the placeonly Yellowstone exceeded the three natural
Alaskan areas in size in 1925. The four Alaska areas made up slightly
more than forty percent of the total acreage of lands administered by
the National Park Service in 1925. 23
An examination of the legislation, moreover, reveals
at least some effort to make adjustments to unique conditions in Alaska.
Mount McKinley National Park, for example, was left open for mining, and
section 6 of the enabling legislation of that park stipulated that
"prospectors and miners engaged in prospecting or mining in said park
may take and kill therein so much game as may be necessary for their
actual necessities when short of food." 24
Despite such efforts to make the areas more palatable
to Alaskans by tailoring the legislation to local concerns, the Alaska
park units existed primarily as a result of executive action taken under
the authority of the Antiquities Act of 1906. Particularly in the
anti-government, individualistic Alaskan society, this meant that
neither the areas nor the agency that managed them would enjoy the
broadbased support most often enjoyed in the "Lower 48." 25
Combined with the size of the areas and distance from the central
office, this lack of support, that sometimes amounted to hostility,
would have made the job of managing the Alaska areas difficult at best.
Given a parsimonious Congress, the nature of the organization of the
Service itself and its interpretation of its mission, providing adequate
management of the Alaskan areas was, until the 1960s, something that too
often eluded the National Park Service.
B. NPS Administration in Alaska, 1916-1950
Vandalism to nationally significant resources moved
President William Howard Taft to proclaim Sitka National Monument. Yet,
when he did so, no effective administrative machinery existed within the
Department of the Interior for managing and protecting the national
monuments. 26 No individual or office within the department
was responsible for the existing national parks. Although a certain
general responsibility for administering the national monuments under
the Interior Department had devolved upon the General Land Office (later
Bureau of Land Management) the lack of funds prohibited any effective
management. Year after year Congress refused to appropriate anything for
managing the monuments, and when it finally did in 1916, the amount was
only $3,509 to be divided among nineteen monuments. The result was that
before 1916 no effective preservation or restoration work could be
undertaken at the monuments, and what supervision existed had not
"prevented vandalism, unauthorized exploration, or spoliation."
27
After the newly-created National Park Service took
control of the national parks and monuments under the jurisdiction of
the Department of the Interior in 1917, a custodian, W. Merrill of
Sitka, was appointed to oversee Sitka National Monument. 28
Over the next several years the Service began to make some much needed
repairs there. It concluded an agreement with the Alaska Road Commission
to do the work, and allotted $1,000 in 1918 and $1,102.48 in 1924 for
improvement projects that included repair and painting of the totem
poles. 29
In general it is apparent, however, that creation of
an organization with specific responsibility for administering the
national parks and monuments had a much lesser effect on the Alaskan
areas than it did elsewhere. Distance to Alaska was a significant
factor. Successive NPS directors did visit Alaska, beginning with NPS
Director Mather's 1926 trip. 30 However, Alaska was reached
primarily by boat before the 1940s. Even after that, the areas were too
far, too remote, and communication was too difficult to have had a
significant impact on policymakers in Washington, D.C.
Organization of the Service was not something that
could overcome this problem. Until 1937 superintendents and custodians
reported directly to the Washington Office. After the Service
established regional offices in that year, managers of the Alaska areas
were responsible to the regional director in San Francisco, something
that did little to overcome the essential problem of
distance.31 Following World War II, several people, including
Director Newton B. Drury, indicated a growing concern over the problem
of communication between the central offices and park managers in
Alaska, and recommended establishing a NPS Alaska Office in Juneau.
32 Such suggestions were ignored until the mid-1960s,
however.
Management priorities established by the Service in
the 1920s and 1930s worked to the disadvantage of the Alaska areas as
well. NPS Director Mather was determined to guarantee the national parks
a firm place in the nation's consciousness. 33 One way to do
so was an extensive publicity campaign to make the parks more well
known. A second was to make park development a management priority in an
effort to make the areas more pleasant places to visit. This meant quite
simply that funds would go primarily to areas with high visibility and
high visitation. The Alaskan areas had neither. Generally, they had the
lowest visitation in the system. Mt. McKinley did not record a purely
park visit until 1922, although many people with mining business at
Kantishna traveled through the park. 34 From 1921 to 1930,
Mt. McKinley reported 4,284 visitors. During that time only 32 people
reportedly visited Katmai. By way of comparison, Yellowstone National
Park reported a total of 1,724,880 visitors during those years.
35
In the 1930s energies within the Service were
expended, in large part, in dealing with the myriad recovery programs in
which it was involved, incorporating the more than sixty areas that came
into the system through the reorganization of 1933, and in dealing with
a variety of new kinds of areas established during that decade.
36 Although a detachment of 200 Civilian Conservation Corps
men arrived at McKinley in 1938, emphasis remained on areas with highest
visitation in the "Lower 48" and Alaska was again forgotten.
37
The attitude of Congress with respect to funding
contributed to the difficulty. For the greater part of the period before
the 1950s and 1960s, and this included the 1930s, when the Service was
the recipient of considerable emergency largesse, Congress steadfastly
refused to provide much more than minimal funding for Alaskan areas. The
legislation for Mt. McKinley, in fact, included a stipulation that
prohibited expenditures of more than $10,000 for maintenance, "unless
expressly authorized by law." 38 When the bill passed,
moreover, Congress provided no funds for administering the area. It was
not until 1921, nearly five years after the park was established, that
NPS Director Mather was able to announce that an $8,000 appropriation
had allowed the Service to appoint a superintendent and take
administrative control of the area. 39 Funding difficulties
were not confined to Alaska, it must be made clear. The Service, until
the 1930s and again afterwards, generally had difficulty obtaining
adequate funding for managing parks and monuments everywhere.
This is not to ignore the sometimes heroic efforts of
the people on the ground in Alaska. Nor is it to suggest that nothing
was accomplished in the first several decades of National Park Service
administration there. Between 1922 and 1929 a total of $126,860 was
appropriated for Mt. McKinley National Park. 40 This was
spent not only for normal administrative and protective activities, but
included such things as construction of a headquarters complex between
1925 and 1929, ranger patrol cabins, a trail from McKinley Park Station
to Muldrow Glacier, and beginnings of a road that would, when completed
in 1938, extend eighty-nine miles from McKinley Park Station to Wonder
Lake. 41 In the mid 1930s the Service played a major role in
construction of a hotel at the park. Designed and constructed under the
supervision of Service personnel, the hotel was completed at a cost of
$350,000. 42
Administration of Katmai and Glacier Bay, and later,
Old Kasaan national monuments proved to be another story. Funding for
national monuments everywhere was always more precarious than it was for
the parks. In 1930, for example, only $46,000 was appropriated for
protection of all thirty-two national monuments. 43 An added
problem was the fact that although the distinction between parks and
monuments was often vague, in terms of administration they were
different. National parks were to be developed in order that they might
become "resort[s] for the people to enjoy," while monuments were areas
of national significance to be protected from encroachment.
44 This distinction remained sharper in Alaska for a longer
period than it did elsewhere. Added to the factors already discussed,
the result was near total neglect of Katmai, Glacier Bay, and Old Kasaan
national monuments before 1950. In 1920, in response to an inquiry
regarding Katmai, for example, Arno Cammerer wrote that the Service had
no immediate plans to develop the area, and because of the lack of
adequate transportation, had no representative on location.
45 Twenty years later, when NPS employees Frank T. Been and
Victor Cahalane made an inspection tour of Katmai, the situation
remained unchanged. Twenty-two years after Katmai was established, Been
wrote, "so far as I can determine I am the first National Park Service
officer who has visited" the area. 46 In 1963 Lowell Sumner
wrote, that as late as 1948 the Service had still not made even the most
rudimentary reconnaissance of the area. 47 Similarly, when
Been and Earl Trager visited Glacier Bay in 1939, they were apparently
the first Park Service employees to have spent any time in the monument,
and were among the first to have even visited the area. Although the
purpose of their visit indicates an interest in establishing a presence
in the areathey were to study possibilities and methods for making
the area and its story available to the visiting publicnothing
more was done, and the record indicates that Park Service officials
visited the area only infrequently until spring 1950. 48
Neglect had its most pronounced effect at Old Kasaan.
There is little evidence to indicate that the U.S. Forest Service had
done anything to protect the resources there during the period it
managed the area. In 1921, in fact, that Service suggested transferring
"old totem poles and Indian relics"the very reason for existence
of the monumentto Sitka National Monument. 49
The Park Service assumed jurisdiction, but not
management of the area in 1933. Until 1941 direct supervision rested
with the Alaska Road Commission under an agreement with the NPS. This
arrangement did nothing to reverse the deterioration of the area. No
funds were ever expended on the area, and when an inspection was finally
made in 1940, the area was so overgrown that walking was virtually
impossible, graves were opened, artifacts stolen, and more than half of
the totem poles were gone. 50
In 1946, and again in 1954, the Service recommended
the abolishment of the monument. The last time it did so in the
recognition that the deterioration was irreversible. In 1955 Congress
granted the request and abolished the monument. 51
On June 8, 1940, Mt. McKinley National Park
Superintendent Frank Been wrote bitterly:
It is hoped that funds will be provided so that the
NPS will be able to administer the areas rather than have them continue
as illustrations of apparent mismanagement or service indifference. 52
Despite Been's concerns, neglect of the other Alaskan
areas did not have so serious consequences as at old Kasaan. Congress'
failure to appropriate funds for Mt. McKinley did allow hunting to go on
far in excess of that contemplated in the law, a problem that was only
partially mitigated by assistance from the overworked and undermanned
territorial game wardens. When Frank Been visited Katmai in 1940, he
observed that hunting and trapping was carried on there "with the same
freedom as . . . in the public domain." Excavation of pumice from
beaches at Katmai occurred in the late 1940s and early 1950s.
53
Generally, however, because of the remoteness of the
areas and the relative lack of population and developmental pressures,
administrative neglect of the Alaska parks and monuments was not as
serious as it might have been. 54 External factors, not
design, served to buffer the areas from serious and irreversible
encroachment and damage.
However much Alaskans might oppose withdrawal of
public lands by executive action, they were equally adamant, once those
lands were withdrawn, that they should be developed and made available
for use. Failure to more actively manage the Alaska parks and monuments
did serve to reinforce perceptions in Alaska that the federal government
was insensitive to the needs of Alaskans. 55 It created a
situation, moreover, in which politicians could seriously propose
abolishing an area of the unquestioned significance of Katmai National
Monument. 56 It did serious damage to the image of the
National Park Service in Alaska, and made it more difficult, into the
1970s, for the Service to muster support for its efforts to bring
additional areas in Alaska into the National Park System.
57
National Park Service officials were not unaware of
the problems the Service faced in Alaska. From the mid-1940s, successive
directors did try to improve the situation there. These efforts, which
were often the result of urging from NPS officials who had a special
interest in Alaska, were sporadic until the mid-1950s and did not, until
the mid-1960s, result in any reappraisal of the Service' s role in
Alaska.
Until the 1950s, moreover, these efforts to improve
administration of the Alaskan areas, such as that Director Newton B.
Drury recommended in 1946, had little apparent effect on the situation
there. 58
C. National Park Service Studies in
Alaska, 1937-1946
Although the Service did not more actively manage the
existing areas in Alaska before the 1960s, it nevertheless succeeded,
over the years, in building a basic body of knowledge about Alaska and
the park values there. Before the early 1950s, this did not result from
any well-conceived program initiated by the Service itself, but resulted
primarily from a number of proposals to set areas in Alaska aside as
national parks and monuments. As often as not these proposals came from
interested parties outside the Service.
Each proposal for inclusion of a new area in the
National Park System, whether it came from within the Service or
outside, required some kind of study. Although the Service and its
supporters were unable to bring additional areas into the system before
the 1970s, the result of their efforts would be the accumulation of a
body of knowledge about Alaskan lands that, while by no means
comprehensive, would provide a firm base of information on which to
build when the Service did assume a more active role in Alaska.
A number of the areas suggested as potential national
parks surfaced, in one way or another, time and again over the years.
One such area was Admiralty Island in Southeast Alaska, proposed as
early as 1928 as a national park to protect the Alaska brown bears that
inhabited the area. 59 Park Service officials inspected the
area in 1932, 1938, and again in 1942. Each time they concluded that
while the island was an area of great beauty, it did not meet criteria
necessary for inclusion in the National Park System. 60
Nevertheless, the issue was raised so many times that in 1963 Conrad L.
Wirth wrote, in exasperation, "we have said 'no' on Admiralty more
times, I believe, than there are . . . Alaska brown bears!"
61 Wirth exaggerated only slightly. Despite the negative
reports, the issue was raised again in 1947, 1948, 1950, 1955, 1962, and
would not be finally settled until 1977. 62
A second area that received consideration again and
again, but never found its way into the system was Lake George, an
interesting self-dumping glacial lake located forty-four miles northeast
of Anchorage. The area was first proposed in 1937. A 1939 NPS report
indicated that, although Lake George was an interesting phenomenon, it
lacked the national significance required for national park or monument
status. Nevertheless, the Service studied Lake George in 1958, 1961, and
1967, when the Anchorage Times proposed park status for the area.
The suggestion was rejected each time, but on July 26, 1968, Lake George
did become the first national natural landmark in
Alaska.63
More important, in that it did become part of the
system, were efforts to include various portions of the Wrangell-Saint
Elias Mountains region, an area along the Canadian border that contains
some of the highest mountains in North America. 64 The Forest
Service had recommended establishment of a national monument in the
Wrangells as early as 1908, and Senator Lewis Schwellenback of
Washington and Alaska Delegate Anthony Dimond proposed establishing an
international park on the Alaska-Yukon-British Columbia border in 1937.
Park Service interest in the Wrangell-St. Elias region, however, dates
to 1938 when Ernest Gruening, then director of the Interior Department's
Division of Territories and Island Possessions, suggested that the
Service survey the Chitina Valley for possible inclusion in the system.
65
In August of that year, Gruening, along with Harry J.
Leik, superintendent of Mount McKinley National Park and NPS Chief of
Forestry John Coffman, surveyed the area. They concluded that the area
measured up to the very highest of national park standards, stating that
"among our national parks, it would rate with the best, if in fact it
would not even exceed the mountain scenery of existing national parks."
66 "Alaska Regional National Park" and "Panorama National
Park" were two of the names suggested for the area roughly bounded by
the Wrangell Mountains on the north, Chugach Mountains on the south,
Copper River on the west, and Canadian border on the east. The new
national park would have combined recreation, scenic values, and
continued developmentparticularly mining.
In an addendum to the Coffman-Leik Report, Gruening
proposed the immediate establishment of a 900-square-mile Kennicott
National Monument, to include the Kennicott Glacier and Kennicott mine
site. 67 By 1940 success for Gruening's proposal seemed
certain when Secretary of the Interior Harold L. Ickes forwarded a draft
proclamation to President Roosevelt. Roosevelt refused, however, to sign
the proclamation, citing "the emergency with which we are confronted."
68 Later that year, a negative study by Frank Been
effectively killed the Kennicott National Monument proposal.
69
A significant aspect of the Wrangell/Saint Elias
proposal was continued interest, on both the part of Canadians and
Americans, in creating a great international park in the area. This idea
was first raised in 1938, came up again in 1944 in response to a
Canadian withdrawal of some 10,000 square miles on their side of the
border, and was implicit, or explicit, in various expressions of
interest in the area raised in 1952, 1964, 1965, 1966, 1967-68, and
1969-72, when the Service conducted intensive, but ultimately
unsuccessful, negotiations with Canadian officials regarding
establishment of an international park. 70
Surveys of these, and other areas across
AlaskaMt. Shishaldin, Kenai, Amagat Island, for examplewere
of unquestionable importance in building a body of knowledge about
Alaska. They were, however, piecemeal. The first opportunity to go
beyond the narrow limits of a specific area was associated with the
Alaska Military Highway (Alaska Highway). In 1942 the Service had been
asked to provide technical comments on the proposed military highway. In
1943-44 Service personnel undertook a survey of the scenic and
recreational potential of a forty-mile wide strip along the entire
length of the highway in Alaska that had been withdrawn by Secretary
Ickes in an effort to establish a common conservation approach with the
Canadian government. 73 President
Roosevelt authorized $50,000 for the project, and in June 1943 a
four-man-team headed by Senior Land Planner Allyn P. Bursley began work
on the project. 74
In December 1944 Bursley and his group presented the
results of their work, which included a survey of all roads in Alaska.
While concluding that no areas along the military highway need be
withdrawn for park purposes, the study team argued that the Federal
Government, but not necessarily the National Park Service, had a
responsibility for providing accommodations for visitors, and fostering
travel in Alaska. To this end they proposed a broad plan that included
interpretive signs, construction of overnight facilities along the
highway, and a full-scale tourist facility at Mentasta Lake. 75
Possibly the $4,472,000 estimated for carrying out
the proposals proved prohibitive, but for whatever reason, nothing came
of the survey team's proposals. The Department of the Interior did
consider directing the Park Service to construct a model tourist
facility in 1946, but no evidence to suggest this was accomplished was
uncovered. 76
D. A New Beginning: The NPS in
Alaska, 1950-1960
Although little concrete came from the survey of
Alaska's roads, it did serve to whet the appetites of some within the
Service. George Collins and others in the Service began to argue that
under the Park, Parkway and Recreation Act of 1936 the Service had an
obligation to learn as much as possible about the territory and the
recreational resources there. Accordingly, in 1950 the Service initiated
the Alaska Recreation Survey, a project that would not be completed
until 1954, the purpose of which was to develop long-range plans that
would provide guidance for the Service, as well as others, in
- The protection of Alaska's scenic, scientific, historic, and
other recreational resources.
- The development of park and recreational facilities and services
for the people of Alaska, and
- the development of tourist facilities in Alaska. 78
Funded for $10,000 in 1950, with additional monies
coming in succeeding years, the Alaska Recreational Survey team, headed
by George Collins, chief, state & territorial division, Region 4,
spent the next several summers in Alaska, learning as much about the
territory as possible and inventorying the resources there. In 1950, for
example, one group conducted a survey of Southeast Alaska, then moved on
to study Kodiak Island and Katmai National Monument, while a team of
historians traveled up the Alaska Highway, checking into museums and
libraries in Canada and Alaska. 79
The survey team quickly discovered that not only was
the Park Service's knowledge of Alaska superficial, but that any
detailed knowledge about the land was surprisingly scanty. The Alaska
Recreational Survey, as a result, contributed not only to the Service's
understanding, but made major contributions to a more general body of
knowledge about Alaska. Over the next several years the Alaska
Recreation Survey sponsored, among other things, a comprehensive study
of the economic aspects of tourism in Alaska, the first comprehensive
geological survey of the territory, a thorough biological study of
Katmai, a preliminary geographical study of the Kongakut-Firth River
area in Northeast Alaska, and developed a broad-scale recreation plan
for Alaska. 80 In 1952, moreover, the
team studied and first proposed establishment of an Arctic Wilderness
International Park on the northeastern Alaska-Yukon border, an area that
became the Arctic Wildlife Range on December 6, 1960. 81
Elsewhere within the Service, evidence of a growing
interest in Alaska was evident in the early 1950s. In 1953 Grant
Pearson, superintendent of Mount McKinley National Park, published his
study of the history of that park, and in 1954 John Kauffmann, a NPS
planner with a special interest in Alaska, produced boundary histories
of Katmai, Glacier Bay, and Mount Mckinley. In 1952 Arthur A. Woodward
completed "A Preliminary Survey of Alaska's Archeology, Ethnology, and
History," a study supplemented in 1961 when NPS historian Charles Snell
visited some forty-five historic sites across Alaska on behalf of the
Historic Sites Survey. 82
The survey of historic sites in Alaska was part of a
more general, nationwide survey that had been initiated in 1937 and
suspended during World War II . Funding for the program after 1956,
including the studies done in Alaska, came from Mission 66a broad
program initiated by NPS Director Conrad L. Wirth that was designed to
upgrade all facilities and services in the National Park System. 83
Zones and Sites Containing Examples of Recreation,
Natural and Historic Resources, 1965. (from USDI, NPS,
Operation Great Land, Washington, D.C.: NPS, 1965) (click
on map for larger size)
Money from Mission 66 provided, in some cases, the
first development money in the existence of the Alaska areas. In three
years, from 1957, when the program got underway, until 1960 some
$12,942,400 went to the four Alaskan areas 84. Mission 66 provided funds for
vastly-needed improvement of the park road at Mt. McKinley. Work began
on a headquarters, residential, and operational facilities at Katmai,
and two projects long urged by Alaska's newly-elected Senator Ernest
Grueninga tourist facility at Glacier Bay's Bartlett Cove, and a
controversial jeep trail into Katmai's Valley of the Ten Thousand
Smokeswere completed. 85
Mission 66 was not, however, merely a construction
and development program as many believe. Among other things, it provided
funds for preparation of boundary revision studies; a nation-wide plan
for parks, parkways, and recreation areas that included an inventory of
existing areas and proposals for new areas, and planning for the
"orderly achievement of a well-rounded system." 86
In 1960, again as part of a broader, nationwide
effort, George Collins hired Roger Allin, a long-time Fish and Wildlife
Service employee in Alaska, to develop a general recreation plan for
Alaska that would identify areas that should be protected by the
federal, state, or local governments. The material Allin developed,
along with similar recreation plans and proposals for additions to the
National Park System prepared by staffs of all regional offices, was
compiled in the 1964 NPS publication, Parks for America. 87 In terms of future national parks in
Alaska, Parks for America proved a conservative document that
listed only two areas as potential national parksSaint
Elias-Wrangell Mountains (800,000 acres) and Lake Clark Pass (330,000).
88
Additionally, Allin, along with Theodor Swem, a NPS
planner then attached to the Washington office, participated in a joint
federal-state survey of the Wood-Tikchik area in southwestern Alaska in
1962. While in Alaska they also made an initial reconnaissance of Round
Island, looked at Lake George and Lake Clark, and conducted a brief
boundary survey of Katmai. 89 The next
year Swem returned to Alaska, accompanied by Sigurd F. Olson, to inspect
potential areas that included Wood-Tikchik, Lake Clark, Skagway, and
proposed boundary extensions at Mount McKinley. 90
Mission 66 was unquestionably a major step forward
for the National Park Service in Alaska. For the first time money had
been made available for tourist facilities that would begin to make
Katmai and Glacier Bay national monuments more accessible. Roger Allin
had been able to collect much of the available information to develop a
plan for protecting a number of critical areas across the state. Under
Mission 66 the Service had begun to take the necessary first steps to
correct past inaction, and lay the foundation for a much broader effort
to follow.
E. The National Park Service in Alaska,
1964-1971
Mission 66 was a nationwide program. What it did not
do in Alaska was stimulate a broad reappraisal of the Service's role
there, or bring about significant changes in approach to management of
NPS areas. 91 Despite the very real
accomplishments of Mission 66, when John Kauffmann traveled to Alaska in
1964 to participate in making of a Park Service film about the Alaskan
parks, he was appalled by what he observed of the NPS presence in the
state. 92
The National Parks and Monuments in Alaska,
1971. (click on map for larger size)
In a stinging rebuke that was circulated widely in
the Service's Washington office, Kauffmann wrote eloquently of
opportunities lost, of a failure to make adjustments to the Alaska
environment, and of failure to develop any well-thought-out concept of
what the Service's mission in Alaska should be. The Service had failed,
even, to make its presence known in the state. "Indeed," he wrote,
"after more than forty years as an organization, the Service is the
Cheechako of all federal agencies at work in Alaska." 93
Kauffmann's call for a reappraisal of the Service's
role in Alaska came at a most auspicious time. Changes were taking place
in the Service, changes that would have a significant effect on the
National Park System in Alaska. George B. Hartzog, Jr., the dynamic,
forceful new director who had replaced Conrad L. Wirth on January 8,
1964, was determined to build on Wirth's many achievements, and made
protection of the "surviving landmarks of our national heritage" as a
primary goal of his administration. 94
Hartzog recognized early on that if any significant growth of the park
system were to occur, that growth would have to be in Alaska. 95
Hartzog chose Theodor R. Swem, a planner with a
life-long interest in Alaska as his assistant director for cooperative
activities, with responsibility for planning and new area studies. In
that position Swem would be able to use his influence to obtain greater
funding for the Service's efforts in Alaska than ever before, and to
direct a more comprehensive planning program for Alaska than previously
envisioned. At the regional level, John Rutter, first as director of the
Western Region and later of the Pacific Northwest Region, would make
improvement of the NPS operation and facilities in Alaska an important
part of his program. 96
In November 1964 Hartzog appointed a special task
force to prepare an analysis of "the best remaining possibilities for
the service in Alaska." 97 The group,
made up of the most knowledgeable "Alaska hands" available, took the
broadest possible view of their assignment, and their report,
Operation Great Land, was a broad appraisal of the Service's
performance in Alaska, with recommendations for the future. 98
As had John Kauffmann the year before, the Task Force
was most critical of the Service's past actions in Alaska. With full
knowledge of the potential of Alaska, they wrote, the Service had done
little, "except give lip service to the broad concept." Pointing out
that total visitation to the Alaska areas was only a "pitiful" 42,131 in
1964, the Task Force warned that neither Alaskans, nor Americans
generally would support the Service's program in Alaska unless major
steps were taken to correct past deficiencies. Concluding that "the time
has come for action, not words," the group recommended that the Service
take a far more active role in Alaska to establish a program of
investigation, study, planning, and development and operations. Among
the specific recommendations were development of a broad history
program; establishment of an Alaska office in Alaska; and cooperative
ventures with Canada, state, and other federal agencies in Alaska.
Finally, the group made a comprehensive evaluation of potential areas in
Alaska, identifying thirty-nine zones and sites across the state which
contained recreation, natural, and/or historic values. These zones and
sites, which are shown in Illustration 2,
included many areas that the Service had long been interested in, and
which would be given protection in the Alaska National Interest Lands
Conservation Act of 1980. 99
Many of the Task Force's observations had been made
before. Park Service officials had called for creation of an Alaska
office since 1946. Theodor Swem and John Kauffmann had reached similar
conclusions regarding the NPS presence in Alaska in 1962 and 1964, and
had recommended some of the same corrective actions. 100 The following year Roger Allin would
issue a similar, if somewhat more conservative, proposal in his "Alaska,
A Plan for Action." 101
Additional support came from the Federal Field
Committee for Development Planning in Alaska. The committee saw parks as
having a vital role in the development of Alaska's economy, and called
upon both state and federal governments to look at Alaskan parks, and to
establish an "entire park complex" that would "meet the needs of the
American people." The committee recommended establishment of a national
park in Arctic Alaska, and identification of other areas for future
designation. 102
Perhaps the general tone of the Operation Great
Land struck Director Hartzog as being too aggressive. Whatever the
reason, in what was surely an uncharacteristic display of reticence, he
decided not to circulate Operation Great Land, explaining:
I believe that if the Park Service proceeds on its
own to take leadership, that action may be misconstrued and resented
even though no usurpation of the prerogatives and the programs of other
agencies would be intended.
It is for this reason that I do not believe we should
circulate this report, since it may be construed as a Service attempt to
take over Alaska resource planning.
What I think is called for in Alaska is a type of
cooperative and coordinated planning that was represented on a smaller
scale in our North Cascades study. 103
Whatever his reasons for refusing to circulate
Operation Great Land, George Hartzog's decision certainly did not
reflect any opposition on his part to an increased NPS presence in
Alaska. Over the next several years he took steps to reverse a
long-standing funding imbalance and, although budget cutbacks were
forcing the Service to reduce visitor hours and close campgrounds
elsewhere, more money went to Alaska. 104 In 1966, moreover, he considered the
possibility of developing a program for the state, based "upon a
practical application of the [Collins] report." 105
This suggestion was not, apparently, pursued further.
Nevertheless, a number of recommendations in the Task Force's report
were implemented in some form over the next several years as the Service
moved to expand its role in Alaska. In the summer of 1965, for example,
the Secretary's Advisory Board on National Parks, Historic Sites,
Buildings, and Monuments toured Alaska with George Hartzog, Theodor
Swem, and others, on a trip that secured important support for the
Service's effort to expand and improve its operations in the state.
106
Later, in 1967, in a meeting with Governor Walter
Hickel, Director Hartzog made an effort to initiate a series of
cooperative planning ventures with the state of Alaska at Wood-Tikchik,
Alatna-Kobuk, and Skagway. Although Hickel appeared to be most receptive
to Director Hartzog's suggestions when they met, he followed through
only on the Skagway study. 107
By August 1965, moreover, Director Hartzog had
decided to open a NPS office in Anchorage. The Washington office had
begun to screen applications for the position of park planner in
Anchorage in November of that year, and by April 1966 the Service had
established an office in Anchorage in the person of park planner Harry
Smith. 108 In December 1966 Bailey Breedlove, a landscape
architect from the Service's National Capital Regional Office replaced
Smith in the Anchorage Office, and by May 1967, the Alaska Field Office
had a permanent staff of threeBreedlove, Dick Prasil, a biologist
from the Western Regional Office, and a secretary. 109
Administratively, the Alaska Field Office functioned
as an organizational division of Mount McKinley National Park. As such,
the staff in Anchorage was under the direct supervision of the
superintendent of Mount McKinley National Park, although it was given
unusually wide latitude in carrying out its duties. The superintendent
of Mount McKinley reported to the regional director in San Francisco. In
1969 the Service created a northwest district office in Seattle with
responsibility for Alaska, and by early 1971 a fully-staffed and
operational Pacific Northwest Regional Office, also in Seattle, had
assumed responsibility for Alaska. 110
The superintendent of Mount McKinley was, in
addition, the state coordinator for Alaska. In this capacity, he was the
Service's representative for all statewide programs and liaison with the
state government and other federal agencies. 111
Personnel assigned to the New Alaska Field Office
would play an important role in an intensive planning program initiated
in 1967 by Ted Swem's Washington Office of Cooperative Activities. Over
the next three years, planning teams, led by Merrill Mattes, a historian
in the office of resources planning in the Service's newly created
(1966) San Francisco Service Center, prepared master plans for existing
areas, and added to the Service's knowledge of Alaska generally, as they
studied potential additions to the system. 112
In August of 1967 a team traveled to Attu Island,
where they completed a study of alternatives. 113 In 1968
they prepared a master plan for Mount McKinley National Park that
recommended, as had others before them, a two-unit addition of 2,202,238
acres. 114 Later that year he team traveled north, where they
conducted the initial NPS study of the south slope of the Brooks Range.
In Kobuk-Koyukuk: A Reconnaissance Report, Mattes and his group
recommended establishment of a two-unit "Gates of the Arctic National
Park," that would protect some 4,119,000 acres of the finest remaining
wilderness in America. 115
Master planning work went on, additionally, at
Glacier Bay and Katmai. Planning teams studied a proposed Klondike Gold
Rush National Historical Park at Skagway, updated a 1965 feasibility
study of the Erskine House at Old Kodiak, and in 1969 investigated ways
of preserving the heritage of Alaskan Natives through creation of
cultural centers. 116
By the mid-1960s, moreover, the Service began to
evaluate a number of Alaska sites under the National Landmark Program.
On May 3, 1967, for example, Assistant Director Swem made $20,000
available for studies of potential natural landmarks. 117
Richard Prasil, who coordinated the program in Alaska, announced that
the University of Alaska had agreed to conduct evaluations of seven
potential areas that included Walker Lake and the Arrigetch Peaks in the
Brooks Range. Ellis Taylor contracted to study six volcanic areas,
including Aniakchak Crater and Mount Veniaminof, and the Service
undertook studies of a number of other areas, one of which was the
Imuruk Lava Fields. 118
The natural landmark studies in Alaska were conducted
in a haphazard manner. Rather than following the established procedures
of conducting a state or regional survey of themes, followed by site
evaluations, the Alaska studies were conducted on an area by area basis.
119 No broad survey was attempted, in
fact, until the early 1970s, when the Service published a study of
potential natural landmarks in the Arctic Lowlands. 120
Nevertheless, by 1968 fifteen sites in Alaska,
including the Arrigetch Peaks, Walker Lake, Lake George, and Aniakchak
Crater had been recognized as registered National Natural Landmarks.
Evaluations of sites all across Alaska conducted under the program would
give NPS planners, as well as those from other agencies, valuable
information regarding significance of resources needed in making
withdrawals mandated by the Alaska Native Claims Settlement Act of 1971.
121
The Service's studies and surveys of potential park
areas in Alaska had been piecemeal. It was only in the 1965 report of
George Collins's task force that any attempt to make a comprehensive
analysis of potential national parks in Alaska was undertaken. By the
end of the 1960s, however, and into the 1970s, a number of efforts to
make a comprehensive survey of potential national parklands in Alaska
were underway. One such effort was undertaken by Richard Stenmark, a NPS
employee, in his capacity as executive secretary of Secretary of the
Interior Walter Hickel's fourteen-member Alaska Park and Monuments
Advisory Committee, established in 1969 to give advice on development
and potential parks in Alaska. 122 In
addition, the Federal Field Committee for Development Planning in Alaska
worked on a plan of action anticipated to launch a "full scale
comprehensive joint Federal-State Land Use and Classification Plan for
Alaska." 123
At the same time, following publication of the
Park System Plan in 1970, the Park Service began an inventory of
the National Park System to determine how adequately the existing areas
illustrated the human and natural history of the nation, and to identify
areas that would fill in any gaps in the system. By November 17, 1971,
the Alaska Office had completed a proposed "National Park System Alaska
Plan" that listed historical, natural, and recreation areas in the state
for further study for possible inclusion in the National Park System.
The list, which was essentially that prepared independently by Richard
Stenmark for the use of the Alaska Parks and Monuments Advisory
Committee, included most areas that would be withdrawn by Secretary of
the Interior Rogers C. B. Morton pursuant to terms of the Alaska Native
Claims Settlement Act of 1971:
Historical Areas:
- Sitka National Monument additions and redesignation as a National
Historical Park. (Legislation introduced)
- Klondike Gold Rush National Historical Park.
- Old Kodiak National Historic Site (Legislation introduced)
- Alaska Cultural Complex featuring:
a. Cultural Centers for each of the four ethnic groups of Alaska Natives.
b. Outlying villages
c. Archeological sites (*National Historic Landmarks)
Study Sites:
1. Birnirk Site*
2. Ipiutak Site*
3. Wales Site*
4. Iyatayet Site*
5. Gambell Sites* (St Lawrence Island)
6. Kukulik Site (St Lawrence Island)
7. Chaluka Site*
8. Yukon Island Main Site*
9. Palugvik Site*
10. Onion Portage Site
11. Amchitka Sites
12. Anaktuvuk Pass
13. Cape Krusenstern
14. North Side Howard Pass Region
15. Healy Lake Site
16. Port Moller Site
17. Tangle Lakes Site
- Attu Island National Monument - World War II battlefield site
- Alaska Highway National Historic Road
- Pribilof Islands National Historic Site
(Convention of July 7,
1911, for the protection of the fur seals of the North Pacific)
Natural Areas:
- Mount McKinley National Park additions (Legislation introduced)
- Gates of the Arctic National Park/Recreation Area Complex
(Legislation introduced for a park)
- Arctic Slope National Monument
- Lake Clark Pass National Monument
- Great Kobuk Sand Dunes National Monument in conjunction with Onion
Portage archeological site . AlternateNogabahara Sand Dunes
National Monument
- Imuruk Lava Beds National Monument
- Tanana Hills National Monument
- Wrangell Mountains - St. Elias Mountains - Malaspina Glacier
National Park/Recreation Area Complex
- Katmai National Monument north addition
- Attu Island National Monument
Recreational Areas:
- Yukon National Scenic/Historic/Wild/Recreational River
- Kuskokwim National Scenic/Historic/Wild/Recreational River
- Iditarod National Scenic and Historic Trail
- Wood River - Tikchik Lake National Recreation Area 124
The Service significantly increased the scope of its
activities in Alaska during the 1960s, and undertook a comprehensive
effort to identify, by theme, potential additions to the National Park
System. Efforts to bring additional areas into the system in the decade
met with almost universal failure, however, save for a small,
94,000-acre addition to Katmai National Monument in 1969. In 1965, for
example, Secretary of the Interior Stewart Udall recommended legislation
to convert Glacier Bay National Monument into a national park. Although
seconded by Senator Ernest Gruening, who expressed interest in
introducing such a bill, no action would be taken. In 1969-70, Senator
Ted Stevens indicated an interest in gaining park status for a portion
of Misty Fjords and the Rudyard Bay-Walker Cove area. In 1969 Senator
Mike Gravel spoke of establishing a Kodiak National Historical Site, and
Representative John Saylor introduced the first of several bills to
extend the boundaries of Mt. McKinley and to establish Gates of the
Arctic National Park. 125
Proposed additions to
Mount McKinley National Park, 1969. (from USDI, NPS, "A
Master Plan for Mount McKinley National Park", San Francisco: NPS, 1969
[draft])
Suggested Gates of the Arctic National Park,
1969. (from Special Report on a Reconnaissance of the
Upper Kobuk-Koyukuk Region Brooks Range, Northern Alaska, San
Francisco: NPS [San Francisco Planning and Service Center],
1969) (click on map for larger size)
In 1968, taking advantage of an entree arranged by
Dr. Carl McMurray of Governor Hickel's staff, the Service undertook
negotiations with the city of Skagway and Canadian officials for
creation of an international Klondike Gold Rush Historical Park, an
effort that would include a widely publicized joint Canadian-American
hike over the Chilikoot Trail in September 1969. 126 In 1969, moreover, the Service initiated
a three-year-long dialogue with Canadian officials regarding an
international park in the Wrangells-Saint Elias region. Successful
conclusion to these discussions seemed to be within reach in 1972 when
the Service completed a conceptual master plan, an environmental impact
statement for the proposed Alaska National Park, and prepared the draft
legislation necessary. However, just as the park that some had dreamed
of for years seemed to be on the verge of reality, the effort foundered.
127
No failure could have been more disappointing to Park
Service officials, however, than the aborted effort to establish more
than 7,000,000 acres of new monuments in Alaska and elsewhere during the
closing months of President Lyndon B. Johnson's administration. 128 The projectnamed "Project
'P'"was conceived of by Secretary of the Interior Stewart Udall in
the fall of 1968 as President Lyndon Johnson's "parting gift for future
generations." 129 For Park Service
officials it offered an unprecedented opportunity to add areas to the
system.
By early December fifteen original areassix of
them in Alaskahad been narrowed to seven. 130 Proclamations, as well as support data,
had been prepared for Mount McKinley (2,202,328 acres adjacent to the
park), a two-unit, 4,119,013-acre Gates of the Arctic, Katmai (a
94,547-acre western addition), Arches (49,943 acres), Capital Reef
(215,056 acres), Marble Canyon (26,080 acres), and Sonoran Desert
(911,697 acres). 131
Despite some four months of concentrated effort on
the part of a number of people in the Park Service, other agencies, and
Interior Department staff, President Johnson balked at the very last
moment and refused to sign all the proclamations prepared for his
signature. 132 The reasons for his
refusal remain the subject of controversy. Among the reasons advanced
are a sensitivity on the part of President Johnson to the prerogatives
of Congress in the matter of setting aside public lands, his petulance
over the premature release of information by Secretary Udall, Lyndon
Johnson's ego, a concern that last-minute activity not bind successors,
and presidential anger over Secretary Udall's failure to brief
Representative Wayne Aspinall, the powerful chairman of the House
Interior and Insular Affairs Committee, as he indicated he had. 133
Whatever the case, and the merits of the arguments
are too complex to be examined here, President Johnson finally signed
proclamations for Arches, Capital Reef, and Marble Canyon. The only
Alaska area included was the 94,547-acre western addition to Katmai, an
area that included the western end of Naknek Lake. 134
By the end of the 1960s and into the 1970s, the
National Park Service had made substantial progress in its effort to
reverse the long-standing neglect of Alaska parks. The existence of an
Alaska office in Anchorage gave the Service a presence in the state that
had been missing. Building on studies that went back to the 1930s, the
Service had compiled an impressive body of knowledge about Alaska and
the park resources there, and had identified a considerable number of
areas that met criteria for inclusion in the National Park System. For a
variety of reasons, however, NPS officials had been unsuccessful in
their efforts to bring additional areas into the system, save the small,
94,000-acre tract added to Katmai National Monument. Coincidentally,
however, a bill was working its way through Congress, one that on the
face of it had little to do with national parklands. Yet, the Alaska
Native Claims Settlement Act of December 18, 1971, would be the vehicle
that would provide for parks in Alaska almost beyond the wildest dreams
of anyone in the National Park Service.
Chapter Two: The Alaska Native Claims Settlement Act
A. Statehood Grants
The Alaska National Interest Lands Conservation Act
of 1980 provided for 43,585,000 acres of new national parklands in
Alaska; the addition of 53,720,000 acres to the National Wildlife Refuge
System; twenty-five wild and scenic rivers, with twelve more to be
studied for that designation; establishment of Misty Fjords and
Admiralty Island national monuments in Southeast Alaska; establishment
of Steese National Conservation Area and White Mountain National
Recreation Area to be managed by the Bureau of Land Management; the
addition of 56,400,000 acres to the Wilderness Preservation System, and
the addition of 3,350,000 acres to Tongass and Chugach national forests.
It was, many believe, the most significant single piece of legislation
in the history of conservation in the United States. In Alaska it
represented, too, a significant step in the disposition of public lands
in the state. 1
In 1958, when Congress passed the Alaska statehood
bill after nearly two decades of lobbying by Alaskans, federal land
reserves in the new state totaled 92,400,000 acres. Twenty million acres
were in national forests, 23,000,000 acres in a naval petroleum reserve
above the Arctic Circle, more than 27,000,000 acres in power reserves,
7,800,000 acres in wildlife refuges, and in excess of 7,500,000 acres in
national parks and monuments. The federal government was, additionally,
trustee for more than 4,000,000 acres of Indian reservations. Only
700,000 acres in Alaska had been patented to private individuals, while
another 600,000 acres were pending. The unreserved public domain
consisted of 271,800,000 acres. 2
Two questions that emerged in the debate over Alaska
statehood are particularly relevant here. What could be done, Congress
asked, to guarantee that the new state would survive economically? A
second, and even more vexing question, was one Congress had avoided in
the pastwhat to do about the land claims of the Native peoples of
Alaska.
In an effort to provide the new state with a sound
economic base, Congress proved to be generous by any standard. Alaska
received the right to select 102,550,000 acres from the public domain,
400,000 acres from national forest land in Southeast and 400,000 acres
from the public domain for community expansion, and 200,000 acres of
university and school lands to be held in trust by the state. Congress
also confirmed earlier federal grants to the territory that amounted to
1,000,000 acres. 3 Congress gave Alaska
the right to select an area of land roughly the size of
Californialarger than that given all the other western states
combined. 4
Moreover, Alaska could select mineral lands as part
of its statehood grant, although the mineral rights transferred would be
unalienablethat is they could be leased, but not sold. Finally,
Congress gave Alaska a larger share of the mineral lease revenues on the
public domain than any other state. 5
6???
7???
NativesAleuts, Eskimos, and Indiansmade up some
twenty percent of the population of Alaska in 1960. Although they were a
minority of the population as a whole, they did constitute a majority in
some 200 communities and villages spread across the face of rural
Alaska. A considerable majority lived a subsistence lifestyle similar to
that of their ancestors. Congress had, according to a 1963 report,
sidestepped the question of their rights in the land for more than
seventy years. An added difficulty Congress faced during the statehood
debate was the existence of three Alaska cases then pending before the
Court of Claims. 8
The Natives were unorganized in the late 1950s. Most
lived in small, isolated villages spread across Alaska. As a result, the
question of their rights in the land was not one that Congress dwelled
on during a statehood debate. After some discussion, the statehood act
did include a provision in the law that merely reaffirmed the right of
Congress to settle the Alaska Natives' claims in the land:
As a compact with the United States, said State and
its people do agree and declare that they forever disclaim all right and
title to any lands or other property not granted or confirmed to the
state or the political subdivisions by or under the authority of this
Act, the right or title to which is held by the United States or is
subject to disposition by the United States, and to any lands or other
property (including fishing rights), the right or title to which may be
held by Indians, Eskimos, or Aleuts . . . or is held by the United
States in trust for said Natives, shall be and remain under the absolute
jurisdiction and control of the United States until disposed of under
its authority, except to such extent as the Congress had prescribed or
may hereafter prescribe, and except when held by individual Natives in
fee without restrictions or alienation. 9
B. Native Land Claims
As Alaska state officials undertook the selection of
land granted under the Statehood Act they faced a number of problems. In
the first place, knowledge of what a large portion of Alaska's lands
contained was still relatively superficial, something that made
selecting lands that would provide a sound economic base obviously
difficult. State officials admitted, moreover, that they did not have
the financial wherewithal to provide adequate management for the lands.
The statehood act allowed state officials, finally, twenty-five
years to make selections. 10 As a result,
state officials moved slowly in selecting land during the 1960s. By the
end of that decade they had selected less than a quarter of their
entitlement--some 28,000,000 acres, chosen in hopes of bolstering the
state's economy, most notably in the oil, gas, and mineral industries.
11
Nevertheless, almost as soon as state officials began
to divide rural Alaska, it became apparent that the failure to have
addressed the question of the land claims of Alaska Natives in the
statehood act virtually assured almost continual conflict. The state's
efforts to select the most productive lands clashed, in many instances,
with the Natives' need to use the land to maintain their traditional
lifestyles. In 1961, for example, the Department of the Interior's
Bureau of Indian Affairs filed protests over state selections on behalf
of four Native villages that claimed about 5,800,000 acres of land near
Fairbanks. State officials had already selected and filed for 1,700,000
acres of land near the Athabascan village of Minto, which they intended
to develop as a recreation area for Fairbanks residents. State officials
believed, as well, that the area possessed the potential for future oil
and gas development. 12
The villagers of Minto, who were not consulted in the
proposal, depended upon that land for their livelihood. They protested,
recognizing that state plans to develop the area threatened their way of
life. Other Native villagers across Alaska soon found themselves
confronted by similar challenges. In 1965, for example, villagers in
Tanacross, a small village near Fairbanks, were outraged when they
discovered that the state intended to sell lots around their traditional
fishing ground at George Lake to visitors at the Alaska booth at the New
York World Fair. 13
Threats to the Native lifestyles from state land
selections predominated in the early 1960s. They were not, however, the
only problem Alaska Natives faced. In 1961, for example, the Inupiat
Eskimo artist Howard Rock discovered that the United States Atomic
Energy Commission planned to detonate a nuclear device at Cape Thompson
on the northwest coast. The purpose was to create a harbor that would be
used for shipment of minerals. Villagers at Point Hope, Kivalina, and
Noatak, however, had long used the Cape Thompson area for hunting and
egging. 14
In 1963 Natives along the Yukon River were outraged
when Senator Ernest Gruening urged Congress to fund the huge Rampart Dam
hydroelectric project of the Yukon Flats Region in northcentral Alaska.
Especially galling to Natives in the area was Gruening's claim that the
10,000-square-mile lake that would be created by the dam would flood
only a "vast swamp uninhabited except for seven small Indian villages."
15
When Congress debated Alaska statehood, the Alaskan
Natives had been an unorganized, seemingly helpless group who had little
voice in the decisions that would shape their future. By the mid-1960s,
however, a growing self-awareness fostered by the recognition that their
very way of life was in danger had galvanized the Natives. Native
associations sprang up all over Alaska. After Howard Rock published the
first edition of Tundra Times in 1962, the Natives had a common
voice. When the Alaska Federation of Natives brought the village and
regional associations together in 1966, a organized Native community
emerged as a potent political force in Alaska. The question of their
land claims could be ignored no longer. 16
In 1963 Secretary of the Interior Stewart Udall
appointed a three-person Alaska Task Force on Native Affairs to study
the entire question of Alaska Native land claims. Secretary Udall's
action followed a request by some 1000 Natives from twenty-four villages
in the Alaska Peninsula, Yukon River Delta, Bristol Bay area, and
Aleutian Islands to impose a freeze on all transfers of land ownership
in their villages until land rights could be confirmed. 17 Secretary Udall, it is obvious, ignored
the request for a freeze on land transfers. The recommendations
presented him by the task force he appointed would be unacceptable to
Native groups as wellprompt granting of up to 160 acres to
individuals for homes or fish camps, and hunting sites; withdrawal of
"small acreages" for village growth; and designation of areas for Native
use, but not ownership for traditional food-gathering activities.
Nevertheless, the Interior Department had signaled that it, too,
believed the time had come for settlement of Alaska Native land claims.
18
Three years later, the newly-formed Alaska Federation
of Natives made a similar request for a freeze on land transfers. In
what was in part a recognition of the growing political power of the
Alaska Natives, Secretary Udall stopped the transfer of all lands
claimed by Natives until Congress had time to act on the matter. 19 The extent of the moratorium depended, of
course, on number and extent of claims. By May 1967 thirty-nine claims
ranging in size from the 640 acres claimed by the village of Chilikoot
to 50,000,000 acres claimed by the Arctic Slope Native Association had
been filed. In all, because of overlapping claims, about 380,000,000
acres--an amount greater than the land area of Alaska--was affected by
the freeze. 20
Although some, Senator Gruening, for example,
preferred that the question be resolved in the courts, most recognized
that the problem of Native land claims demanded a legislative solution.
As early as July 1966 the Bureau of Indian Affairs and Bureau of Land
Management had prepared a draft of the bill "dealing with Alaska Natives
land problems." 21
The first bills, however, were not introduced until
the summer of 1967. In that year, one sponsored by the Department of the
Interior, the other by the Alaska Federation of Natives, would have
authorized a court to determine compensation for lands lost. The AFN
bill would have allowed the court to award title to lands with no
acreage specified, while the Interior Department's bill would have
authorized a maximum of 50,000 acres in trust for each village. 22 Not until four years later, under
considerably different circumstances would a settlement be produced.
In his delightful book Coming into the
Country, John McPhee wrote that the Alaska Natives Claims Settlement
Act was
perhaps the great, final, and retributive payment for
all of American history's Native claims--an attempt to extinguish
something more than title. The settlement suggests not only principle
but interest as well on twenty decades of national guilt.
Perhaps. Joe Upicksoun, president of the North Slope
Native Association advanced another explanation, however, when he told
Native leaders attending a late 1970 Alaska Federation of Natives
Conference:
We realize each of you has a special pride in his own
land. By accident of nature, right now the eyes of the nation and the
world are centered on the north slope. . . .
Without intending to belittle your land, the real
reason for the entire settlement is oil, which by accident is on our
land, not yours. 23
Upiksoun referred, of course, to the 1968 discovery
of oil at Prudhoe Bay on the North Slope by Atlantic Richfield Company
(ARCO) and Humble Oil and Refining Company. He might have mentioned, as
well, the plans announced by a consortium consisting of ARCO, Humble,
and British Petroleum, Ltd. to construct an 800-mile-long hot oil
pipeline from Prudhoe Bay to Valdez, a small fishing village on Prince
William Sound. The discovery of oil, and the companies' awareness that
no pipeline could be laid across the Yukon River Valley until land
claims of the Alaskan Natives were settled, soon gave the Natives an
invaluable ally in their fight for justice. 24 It is not too much to say, in fact, that
concern on the part of Congress and the administration over delays in
construction of the Alaska Pipeline System (TAPS) was as much
responsible, or more, for passage and final shape of the Alaska Native
Claims Settlement Act of 1971 than was concern for justice for the
Alaska Natives.
C. Origins of the National Interest
Lands Provision (17(d)(2))
The question of the disposition of the public lands
in Alaska was not simply a two-sided one that involved the claims of the
Natives and the state. A third element complicating any settlement of
those issues was the question of the national interesthow and to
what extent should the needs of Americans everywhere be addressed?
As indicated previously, individuals and
organizations outside the government had worked with staffs of federal
agencies in an effort to secure preservation of areas of national, or
international significance in Alaska. These efforts were sporadic in
nature and did not represent any comprehensive approach to preservation
of Alaska's lands.
In 1963 the governing council of the Wilderness
Society held their annual meeting at Camp Denali, near the border of
Mount McKinley National Park. The very location of their meeting
signaled a new concern for the future of Alaska's wildlands. A consensus
developed during the meeting
that the Wilderness Society, through the staff, urge
state and federal authorities to include in their long-range planning
for the state of Alaska as a whole, provision for the establishment of
wilderness areas. 25
Although this call by the Wilderness Society did not
lead to an immediate demand for preservation of Alaska lands by
conservationists in the "lower '48," by the end of the decade they had
taken a more active interest in Alaska. In the state, an informal group
of conservationists, many of whom were employed by state and federal
agencies, worked to identify significant areas, and developed detailed
data on those areas. 26 Following a 1967
trip to Alaska, Sierra Club President Dr. Edgar Wayburn hired an Alaska
representative and made saving Alaska wildlands a priority goal of that
organization. 27
Particularly after the discovery of oil at Prudhoe
Bay, it seemed clear that time was running out if Alaska lands were to
be preserved. 28 A growing number of
people had become convinced, by the end of the decade, that the vehicle
for preserving lands in Alaska, and perhaps the last that would ever be
available, was the Alaska Native Claims Settlement bill then working its
way through Congress. 29
It would become somewhat fashionable, later, to
charge that the inclusion of the national interest lands provision in
the Alaska Native Claims Settlement Act was a hasty, last-minute affair,
written by "outsiders" who did not understand Alaska. Actually, however,
it seems apparent that the idea that any settlement of the lands claims
of Alaska Natives must also take into account the national interest
originated with Joseph Fitzgerald, the far-seeing chairman of the
Federal Field Committee for Development Planning in Alaska. 30 As early as 1965-66, Fitzgerald had
concluded that economic development could not occur in Alaska until the
Native land claims were settled, and that a significant factor in any
settlement would be a major involvement of the state and federal
governments in the establishment of a "park complex" in Alaska. 31
Fitzgerald approached the Alaska Wilderness Council,
asking them to identify areas worthy of preservation. 32 It was, moreover, a member of Fitzgerald's
staffDavid Hickockwho was actually responsible for inclusion
of the first "National Interest Lands" provision in any bill. Hickock,
who was natural resources specialist on the Fitzgerald's committee
staff, had been borrowed by the Senate Interior and Insular Affairs
committee to work on a settlement bill. At his suggestion, a simple
provision was added to S. 1830:
The Secretary [of the Interior] is directed to review
all public lands in Alaska and within three years recommend to Congress
areas appropriate for inclusion in the National Park System and National
Wildlife Refuge System. 33
On July 15, 1970, the Senate passed S. 1830 by a
seventy-six to eight majority. That version of a settlement act included
provision similar to that drafted by David Hickock. The Secretary of the
Interior was directed to conduct
. . . detailed studies and investigations of all
unreserved public lands in Alaska, and of Naval Petroleum Reserve No. 4
and the Rampart Power Site Withdrawal, which are suitable for inclusion
as recreation, wilderness or wildlife management areas within the
National Park System and the National Wildlife Refuge System, and shall
advise the Congress within three years of the date of passage of this
Act of the location, size and values of such areas, and shall
simultaneously with notification in the Congress withdraw these areas
from any appropriation under the public land laws, including application
of the mining and mineral leasing laws, until such time as the Congress
acts upon the Secretary's recommendations, but not to exceed the five
year period during which all unreserved public lands are hereby
withdrawn from appropriation.
(b) Upon the application of any applicant qualified
to make entry, selection or location, under the public land laws, on
lands not classified for entry under subsection (a) hereof, the
Secretary shall examine the lands described in the application and if he
classifies them as suitable to the purpose described in the application
and opens them to entry, said applicant shall be entitled to enter,
select or locate, such lands. 34
Although the Senate passed its version of the bill,
the House Committee on Interior and Insular Affairs was unable to reach
agreement on a bill. Congress adjourned without completing action on the
bill. 35
As the Alaska Natives and their allies regrouped in
spring 1971 for what most believed would be the last act in the
legislative process of an Alaska Native claims settlement bill, those
who had cause to believe that the bill should be broadened to include a
provision that would permit the designation of wilderness and provide
for the addition to the park and refuge systems mobilized as well. A
number of conservation organizations would unite to form the Alaska
Coalition to more efficiently work for a national interest lands
provision. 36 Earlier the governing
council of the Wilderness Society had agreed to become involved in the
effort, and by mid-March, Stewart Brandborg had asked the Senate
Committee on Interior and Insular Affairs to consider including a
five-year, land-use planning program for Alaska. On May 3 Brandborg
testified before the House Committee on Interior and Insular Affairs,
suggesting, among other things, that they include a provision that would
authorize the identification, preservation, and establishment of "areas
of national significance as units of the National Park and National
Wildlife Refuge and National Wilderness Preservation systems" in any
Alaska Native claims settlement. Others in the conservation community
would approach Representatives John Saylor and Morris Udall of Arizona
to secure their help. By May Congressman Saylor had let it be known that
he would offer an amendment that would require land-use planning in
Alaska as a part of any settlement. 37
Saylor apparently decided, however, that success in
the House would be difficult to achieve and that it would be necessary
to secure help in the Senate. He called Nathaniel P. Reed, Assistant
Secretary of the Interior, to ask his help in building up support for a
national interest lands provision in a senate bill. 38
Representative Saylor also called NPS Director George
Hartzog to ask that he approach Nevada Senator Alan Bible, chairman of
the Senate Subcommittee on National Parks and Recreation, to enlist his
help. Although Hartzog was unable to obtain a commitment from Senator
Bible at that time, he did convince the senator to accompany him to
Alaska the coming summer (1971) to inspect potential park areas in the
state. 39
That August Hartzog, Bible, their wives, and several
of Senator Bible's friends traveled in Alaska, viewing potential park
areas that included Gates of the Arctic, areas in the Kenai Peninsula,
Skagway, and possible extensions to Mount McKinley National Park and
Katmai National Monument. 40 Upon their
return, Senator Bible promised Hartzog that he would sponsor a park
study amendment that fall, and also indicated that he would arrange to
be on any conference committee held on the bill should that be
necessary. Senator Bible requested, in turn, that Director Hartzog
provide him with the appropriate language of an amendment. 41
Director Hartzog understood that the amendment
Senator Bible had agreed to introduce would address additions to the
National Park System in Alaska with an additional 4,000,000 acres for
"minor boundary adjustments" at existing wildlife refuges and national
forests. Among the areas Hartzog envisioned in an expanded National Park
System in Alaska were a huge Gates of the Arctic National Park that
extended north from the Arctic Circle across the Naval Petroleum Reserve
to the Arctic Ocean, conversion of Arctic Wildlife Range to a national
park that would be eventually a part of a great international park in
northeast Alaska-northwest Canada, a large park in the Wrangell-St.
Elias Mountains that would adjoin a proposed "Yukon National Park" in
Canada, sizeable additions to Mount McKinley National Park and Katmai
National Monument, and a number of areas along the western shore that
would be part of a Russo-American Land Bridge International Park.
Hartzog's proposal to Bible for additions to the National Park System
was one of the most far-reaching in the history of the National Park
Service. Hartzog thought in much larger terms than nearly anyone inside
or outside the Service at that time. His proposal included not only all
of the areas identified by the Alaska staff in 1971, but nearly all the
"zones and sites" identified by George Collins' special Alaska task
force in 1965. In all, Hartzog delineated some twenty-seven potential
areas and additions to two existing ones that totaled approximately
75,000,000 acres, an amount that would have tripled the size of the
system. 42
Hartzog was apparently concerned that Congress might
fail to include a park study provision, however. On August 14, while
still in Alaska with Senator Bible, he wrote Secretary of the Interior
Hickel, suggesting that he use his authority to withdraw areas in Alaska
that were of "prime interest pending their consideration for addition to
the National Park System." 43
Hartzog ordered bureau staff to prepare draft
language of an amendment for Senator Bible's use. 44 At the same time, others had approached
Senator Bible for the same purpose. Harry Crandell, the Wilderness
Society's director of wilderness review, discussed the possibility of
amending any claims bill with the Senator, as did Dr. Edgar Wayburn and
Lloyd Tupling from the Sierra Club, and Stewart Brandborg, executive
director of the Wilderness Society. 45
Apparently, Senator Bible received draft language for an amendment from
the conservation community. It is certain, too, that he had
conferred and received input from Senator Henry Jackson, chairman of the
Interior and Insular Affairs Committee, and Senator Gaylord Nelson, both
co-sponsors of the amendment. He may have been also in contact with
Representatives John Saylor and John Dingell, who was exploring the
possibilities of an amendment relating to wildlife refuges. Committee
staff rewrote the amendment, regardless of whose draft was submitted to
Senator Bible.
It has not been possible to confirm whose language
served as a basis for the amendment introduced by Senator Bible. 46 In one sense that question is less
important than is the knowledge that a growing consensus demanded that
disposition of the public lands in Alaska take into account the national
interest as well as state and Native claims. Yet, at the same time,
George Hartzog always believed, as he does to this day, that the
amendment Senator Bible introduced was intended to be primarily a
vehicle for additions to the National Park System in Alaska. 47 There is some evidence to support his
belief. In the first place, Senator Bible's interest was, primarily, in
parks and recreation. He maintained a close relationship with and seems
to have listened closely to George Hartzog on matters regarding parks.
In a short discussion with Senator Ted Stevens when he introduced his
amendment, moreover, Senator Bible mentioned three areasa proposed
Gates of the Arctic National Park, and extensions to Mt. McKinley
National Park and Katmai National Monument. 48 Senator Jackson, moreover, described the
amendment that he had co-sponsored as a "park study" amendment. 49 It must be noted, however, that both parks
and refuges were included in the amendment introduced. Despite any
promises made to George Hartzog, the amendment Senator Bible introduced
on November 1 gave no indication of how that land was to be divided, or
that a majority would be set aside for additions to the National Park
System.
Whatever the case may be, there is no question that
George Hartzog played a crucial role in securing a national interest
lands provision in the Alaska Native Claims Settlement Act of 1971. He
was, without question, instrumental in Senator Bible's decision to
sponsor a national interest lands amendment, and that decision was made
following the trip the two made to Alaska in August 1971. 50
By the end of September 1971 the House Committee on
Interior and Insular Affairs finally approached the end of an arduous
summer s work when it reported H.R. 10367, a settlement bill introduced
by Representative Wayne Aspinall of Colorado. Representative Saylor had
fulfilled his promise to work for a land use planning amendment, but the
committee had soundly rejected his efforts. At the same time, the
committee did feel pressure from the conservationists. The bill reported
on September 28 included a provision drawn by Representative John Kyl of
Iowa that essentially extended the "Udall freeze"withdrawing all
unreserved public lands from entry until the Secretary of the Interior
determined they could be reopened. 53
Conservationists considered the Kyl amendment to be
inadequate. In a meeting between conservation leaders and Morris Udall,
the broad outlines of an amendment that he and Representative Saylor
would introduce were drawn. 54 On October
14, 1971, Representatives Udall and Saylor introduced a substitute bill
that included the strong national interest lands amendment agreed to in
discussions with conservationists. When that bill was referred to the
Committee on Interior and Insular Affairs, Representative Udall
introduced a broad land use planning amendment to H.R. 10367 on October
20. It was not, he said, "a simple little amendment." Rather, the
amendment, which was introduced on Representative Saylor's behalf as
well, was a lengthy and complicated piece of legislation. 55
Of particular concern here, was the provision that
directed the Secretary of the Interior to review, identify, and withdraw
up to 50,000,000 acres in unreserved land and up to 50,000,000 acres in
previously classified lands for study for possible inclusion in the
National Park System, National Refuge System, National Resource Lands
(multiple-use areas managed by the Bureau of Land Management), National
Wild and Scenic Rivers System, and National Forest System. 56
Identification and withdrawal of up to 100,000,000
acres would be completed within six months. 57 Within three years after the passage of
the bill, and based upon detailed study of the withdrawn areas, the
Secretary of the Interior would recommend study areas, and "adjacent
areas which he may deem appropriate," for inclusion in the above systems
to the President and Congress. 58
Concerns did exist, despite attempts by supporters of
the Udall-Saylor amendment to ameliorate them, that withdrawal of large
areas in the state would conflict with settlement of land claims of the
Alaska Natives. Others argued that withdrawal of conservation lands
would place still another roadblock to construction of the oil pipeline.
Earlier the Sierra Club had called its regional representatives to
Washington to work for a national interest lands amendment, and, along
with the Wilderness Society had set up an intensive lobbying effort on
behalf of the Udall-Saylor amendment. 59
They were unable, however, to overcome heavy lobbying by the Natives and
their supporters in civil rights organizations, oil companies, state of
Alaska, and administration representatives, who helped to defeat the
amendment. Nevertheless it was clear that considerable support for some
kind of national interest lands provision existed. The amendment failed
by a vote of 217-178. The strength of support for the amendmenta
switch of 20 votes would have changed the outcomehelped set the
stage for up-coming action in the Senate. 60
By the time the Senate took up debate on Senator
Henry Jackson's version of a settlement bill (S. 35) on November 1, most
of the details of the bill had been generally accepted. As a result,
there were no more than a handful of senators on the floor when Senator
Bible introduced what he called a "reasonable and non-controversial"
amendment:
(4) In making the classifications required by
subsection (c)(1) hereof the Secretary shall, after consultation with
the Planning Commission, conduct detailed studies and investigations of
all unreserved public lands in Alaska, including classified lands, and
of Naval Petroleum Reserve No. 4 and the Rampart Power site withdrawal
which are suitable under existing statutory and administrative criteria
for inclusion as recreation, wilderness, wild rivers, or wildlife
management areas within the National Park and the National Wildlife
Refuge Systems, and every six months shall advise the Congress for a
period of three years from the date of passage of this Act of the
location, size, and values of such area, his recommendations with
respect to such areas, and shall simultaneously with notification to the
Congress withdraw these areas from any appropriation under the public
land laws, including application of the mining and mineral leasing laws,
until such time as the Congress acts upon the Secretary's
recommendations, but not to exceed five years. In making the detailed
studies and investigations and in identifying such areas, the Secretary
shall consider areas recommended to him by the Planning Commission.
Notwithstanding any provision of this Act, initial identification of
lands desired to be selected by the State pursuant to the Alaska
Statehood Act and by the Commission pursuant to sections 13(g)(3) and 19
of this Act may be made within any area withdrawn pursuant to this
paragraph, but such lands shall not be tentatively approved or patented
so long as the withdrawal of such areas remains in effect:
Provided, That selection of lands by Native villages pursuant to
sections 13(g)(1) and 14(h) and rights granted pursuant to section 21 of
this Act shall not be affected by such withdrawals and such lands may be
patented and such rights granted as authorized by this Act. In the event
Congress enacts legislation setting aside any areas withdrawn under the
provisions of this paragraph which the Natives or the State desired to
select, then other unreserved public lands shall be made available for
alternative selection by the Natives and State. Any time periods
established by law for Native or State selections are hereby extended to
the extent that delays are caused by compliance with the provisions of
this paragraph.
The Senate Interior and Insular Affairs Committee
previously had Secretary of the Interior to included a provision (Sec.
24(c)) in S. 35 that directed the
conduct a detailed study of all public lands in
Alaska to determine their suitability for inclusion in, or their
establishment as new areas of, the national park system or the national
wildlife refuge system. The Secretary is to report his recommendations
to the Congress and to complete the study within 3 years. 62
Senator Bible's "clarifying" amendment answered
questions raised as to how that process would work. He added classified
lands, as well as Pet 4 and the Rampart Dam Power Site withdrawal to the
unreserved lands to be reviewed; provided that the Secretary would
report to Congress on the status of the reviewsize, location, and
values of each areaevery six months for a period of three years;
and extended the withdrawal period for lands recommended to Congress for
inclusion in one of the conservation systems from the two years in the
committee bill to five years. Senator Bible set no limitation on the
amount of land that could be studied or withdrawn. As mentioned, he
included only two conservation systemsthe National Park System and
National Wildlife Refuge System. 63
There were only a handful of senators on the floor
when Senator Bible introduced his amendment. It did not prove to be
controversial and was not the subject of considerable debate, save a
short "collaquy" between Bible and Senator Stevens of Alaska who
allowed, somewhat unhappily, that "if I had my druthers, I would not
have them in the bill." Nevertheless, Senator Stevens did not oppose the
amendment, and it passed by voice vote. Following, the Senate passed its
version of the Alaska Native claims settlement bill by a vote of 76-5.
64
Differences between the House and Senate versions of
the bill would be worked out in a conference committee. The problem
facing the conferees regarding the national interest lands was
reconciling the language of the provisions authored by Representative
Kyl and Senator Bible. Concern over the national interest, however, was
not something that bulked large in the conference. The conferees met
nine times between November 30 and December 13. The question of
conservation lands did not come up, apparently, until December 9, when
the conferees agreed to give the Secretary of the Interior authority to
withdraw up to 80,000,000 acres for study for possible inclusion in one
of the conservation systems. 65
The conferees added the Wild and Scenic Rivers and
National Forest systems to those mentioned in the Bible amendment. As
indicated, George Hartzog believed that Senator Bible intended that the
majority of land should have gone to the National Park System.
Representatives Udall and Saylor argued that the conferees intended that
only a minimum amount should go to the National Forest System. It has
not been possible to uncover any evidence, however, suggesting that the
conferees intended that any of the "four-systems" agenciesNational
Park Service, Bureau of Sports Fisheries and Wildlife, Bureau of Outdoor
Recreation, and Forest Servicewould have a priority in terms of
size or selection of areas. 66
Questions would be raised, over the next several
years, regarding the addition of the National Forest Service in the
conference. Inclusion of the Forest Service apparently came from several
sources. Staff members of the Senate Committee on Interior and Insular
Affairs argued for inclusion of a multiple-use agency in the bill,
despite conservationists' arguments to the contrary; staff members of
the Federal Field Committee worked for inclusion of the Forest Service
hoping that it could be used to convince the Forest Service to release
the 400,000 acres provided for community expansion in the Statehood Act
in return; and the Udall-Saylor amendment that failed passage in the
house provided for additions to the Forest System, although the authors
of that amendment did not intend that the Forest Service would be an
equal partner. Finally, Ted Stevens, Alaska's senior senator, who was
one of the most active and influential members of the conference,
insisted on inclusion of that system in an effort, he later said, to
include a multiple-use agency that would not "lock up any lands that
they might get." 67
The Alaska Native Claims Settlement Act of 1971 was a
landmark piece of legislation that is generally considered to be the
most generous settlement ever made between the United States government
and a group of Native Americans. The act was, moreover, a unique and
most interesting experiment that attempted to employ a purely
capitalistic inventionthe corporationto protect what is
essentially a non-capitalistic, predominantly subsistence life
style.
The act, at the same time, was complicated,
ambiguous, and sometimes contradictory. 68 ANCSA created unique organizations,
established relationships between those organizations, defined a variety
of land categories, attempted to rationalize the land selection process,
and established timetables for disposition of public lands in Alaska.
Briefly, and that is all that is possible here, ANCSA granted Alaskan
Natives compensation of fee simple title to 40,000,000 acres of land and
$925,500,000 for extinguishment of all aboriginal titles, or claims of
title to lands. 69 The Act provided for
the creation of twelve, with the option later exercised, for a
thirteenth, regional corporations and more than 200 village corporations
that would share the land and money according to a sometimes complicated
formula. 70 Additionally section 14(h)
(1) allowed the regional corporations to select cemeteries and historic
sites (up to 2,000,000 acres) outside village and regional withdrawals,
including land on wildlife refuges and in national forests. 71 And, while the conference committee
rejected an explicit statement on subsistence as included in the Senate
version of the bill, ANCSA, according to the conference committee
report, protected the "Native people's interest in and use of
subsistence resources on the public lands" through the withdrawal
authority of the Secretary of the Interior. 72
The Act also provided for the creation of a Joint
Federal-State Land Use Planning Commission (Section 17(1)(a)). Composed
of ten members appointed by the governor of Alaska (4, with the governor
or his designee as one of the members), president (1), and secretary of
the interior (4), the commission was established to, according to the
first federal co-chairman, provide an institution "through which the
claims and policies of the three main participants and those of private
and public interest can be examined, brokered, and molded into a
long-range, balanced land pattern for the state." 73 The conference committee removed the
regulatory and enforcement powers given the commission in the senate
bill, leaving it only an advisory role.
Nevertheless, the functions given the commission were
such as to allow it to play a significant role in the upcoming land
allocation and planning process. Among the functions outlined were
making recommendations to the secretary of the interior regarding
withdrawals, advising state and Natives in making selections, and
making recommendations to avoid conflict between state and Natives in
making selections. 74
The conservation lands provisionssections 17(d)(1) and
17(d)(2)immediately became the subject of considerable
disagreement, even among some who had participated in the Senate-House
conference committee. Section 17(d)(1) had its origins in the Kyl
amendment. Known as the public interest lands provision, it was designed
to prevent a land rush following revocation of public land order 4582.
The purpose, as outlined in the conference committee report, was to
permit the secretary of the interior to make the withdrawals directed
under section 17(d)(2)(A); and to permit the secretary to determine if
there were other areas that should be withdrawn, classified, or
reclassified before they were opened to entry:
(d)(1) Public Land Order Numbered 4582. 34 Federal
Register 1025 as amended, is hereby revoked. For a period of ninety days
after the date of enactment of this Act all unreserved public lands in
Alaska are hereby withdrawn from all forms of appropriation under the
public land laws, including the mining (except locations for
metalliferous minerals) and the mineral leasing laws. During this period
of time the Secretary shall review the public lands in Alaska and
determine whether any portion of these lands should be withdrawn under
authority provided for in existing law to insure that the public
interest in these lands is properly protected. Any further withdrawal
shall require an affirmative act by the Secretary under his existing
authority, and the Secretary is authorized to classify or reclassify any
lands so withdrawn and to open such lands to appropriation under the
public land laws in accord with his classifications. Withdrawals
pursuant to this paragraph shall not affect the authority of the Village
Corporations, the Regional Corporations, and the State to make
selections and obtain patents within the areas withdrawn pursuant to
section II.
Section 17(d)(2)the national interest lands
provisionpermitted the secretary to withdraw land for possible
inclusion in one of the conservation systems, established timetables for
withdrawals, study, and congressional action on recommendations:
(2)(A) The Secretary, acting under authority provided
for in existing law, is directed to withdraw from all forms of
appropriation under the public land laws, including the mining and
mineral leasing laws, and from selection under the Alaska Statehood Act,
and from selection by Regional Corporations pursuant to section 11, up
to, but not to exceed, eighty million acres of unreserved public lands
in the State of Alaska, including previously classified lands, which the
Secretary deems are suitable for addition to or creation as units of the
National Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers
Systems: Provided, That such withdrawals shall not affect the
authority of the State and the Regional and Village Corporations to make
selections and obtain patents within the areas withdrawn pursuant to
section 11.
(B) Lands withdrawn pursuant to paragraph (A) hereof
must be withdrawn within nine months of the date of enactment of this
Act. All unreserved public lands not withdrawn under paragraph (A) or
subsection 17(d)(1) shall be available for selection by the State and
for appropriation under the public land laws.
(C) Every six months, for a period of two years from
the date of enactment of this Act, the Secretary shall advise the
Congress of the location size and values of lands withdrawn pursuant to
paragraph (A) and submit his recommendations with respect to such lands.
Any lands withdrawn pursuant to paragraph (A) not recommended for
addition to or creation as units of the National Park, Forest, Wildlife
Refuge, and Wild and Scenic Rivers Systems at the end of the two years
shall be available for selection by the State and the Regional
Corporations and for appropriation under the public land laws.
(D) Areas recommended by the Secretary pursuant to
paragraph (C) shall remain withdrawn from any appropriation under the
public land laws until such time as the Congress acts on the Secretary's
recommendations, but not to exceed five years from the recommendation
dates. The withdrawal of areas not so recommended shall terminate at the
end of the two year period.
(E) Not withstanding any other provision of this
subsection, initial identification of lands desired to be selected by
the State pursuant to the Alaska Statehood Act and by the Regional
Corporations pursuant to section 12 of this Act may be made within any
area withdrawn pursuant to this subsection (d), but such lands shall not
be tentatively approved or patented so long as the withdrawals of such
areas remain in effect: Provided, That selection of lands by
Village Corporations pursuant to section 12 of this Act shall not be
affected by such rights granted as authorized by this Act. In the event
Congress enacts legislation setting aside any areas withdrawn under the
provisions of this subsection which the Regional Corporations or the
State desired to select, then other unreserved public lands shall be
made available for alternative selection by the Regional Corporations
and the State. Any time periods established by law for Regional
Corporations or State selections are hereby extended to the extent that
delays are caused by compliance with the provisions of this
subsection.
Efforts to secure justice for the Native peoples of
Alaska also set in motion events that would result in passage of one of
the most significant pieces of conservation legislation in this nation's
history. Passage of an Alaska national interest lands conservation act
would not be easy, but would come only after a nine-year struggle. For
the National Park Service participation in that effort would have
important effects on the Service itself, and would result, too, in a
thorough reappraisal of its approach to management of parklands in
Alaska.
Chapter Three: Response to ANCSA, 1971-1973
A. March 17, 1972 (d)(2) Withdrawals
In December 1971 Secretary of the Interior Rogers
C.B. Morton announced the passage of the Alaska Native Claims Settlement
Act. In implementing the national interest lands provision therein, he
cautioned, we must avoid the mistakes of the past, and "do things right
the first time." 1
Interestingly, despite the significance of ANCSA, few
in the Interior Department seemed to have closely followed the bill, and
considerable uncertainty regarding the ramifications and interpretation
of the act existed. At the same time, all quickly recognized that the
deadlines imposed upon the secretary of the interior in the act demanded
immediate action by all involved. 2 On
December 21 Assistant Secretary Nathaniel P. Reed directed NPS Director
Hartzog and Spencer Smith, his counterpart in the Bureau of Sports
Fisheries and Wildlife, to initiate the process of identifying and
prioritizing lands for preservation. They were, he said, to "ignore
sovereignty," and report their findings to him by late January. 3 The same day Hartzog appointed Theodor Swem,
Assistant Director for Cooperative Activities, to coordinate the Park
Service's Alaska effort, promising him an unusual degree of freedom of
action. Smith had already dispatched a staff member in his office to
Alaska to gather information, and had appointed Robert L. Means to
coordinate the efforts of the Bureau of Sports Fisheries and Wildlife.
4
The appointment of Swem to coordinate the Park
Service's efforts in Alaska was a fortunate one. He had been deeply
involved there since the early 1960s, knew the park resources, and was
quick to grasp the opportunity offered the Service in ANCSA. He and
Larry Means had worked together previously, moreover, and shared a
common approach to Alaska. They quickly developed a working relationship
that resulted in an unusual degree of cooperation between their
agencies. 5 Although rivalry over areas in
Alaska would surface from time to time over the years, particularly at
the local level, a spirit of active cooperation between the two agencies
dominated the nine-year effort to implement the national interest lands
provision of ANCSA. 6
On December 23 Swem notified NPS offices of the
Alaska project, the procedure the Service would follow, and the role
different offices would play. On December 27 he requested Richard
Stenmark of the Alaska Field Office in Anchorage to travel to Washington
to work on preliminary identification of NPS interest areas. 7
Stenmark arrived in Washington on January 2, met with
Swem the next morning, and began work that day. 8 Swem gave him considerable flexibility in
identifying interest areas and the acreages necessary. In fact, the only
restrictions under which Stenmark worked were the 80,000,000-acre limit
for d-2 withdrawals, pending state selections, and presence of existing
federal reserves. 8 The presence of the
Naval Petroleum Reserve on the North Slope, for example, prevented
extending the northern boundary of the Gates of the Arctic interest area
as far north as Stenmark would have liked, and prevented the Service
from identifying other areas of interest on the Arctic Slope and Eastern
Brooks Range. 10
Stenmark attempted to apply the principles embodied
in the recently developed National Park System Plan to Alaska,
and delineate interest areas according to the themes outlined in that
document. Along with the existing areas, the lands initially identified
would form a system of national parks and monuments in Alaska that would
include a broad spectrum of scenic, scientific, cultural, and
recreational values. 11
By January 4 Stenmark had completed initial
identification of NPS interest areas, and his list was being reviewed by
officials in the Washington office. Included among twelve natural and
ten historical and archeological areas initially identified were a
number that had long been considered as having National Park System
potential. Other areas included one of the largest explosive craters in
the world (Aniakchak), an area that included one of the most remarkable
examples of arctic sand dunes along with important archeological sites
(Great Kobuk Sand Dunes-Onion Portage), and an area representative of
the highlands of central Alaska (Tanana Hills):
Natural Areas
Wrangell Mountains - St. Elias Range | 15,800,000 |
Gates of the Arctic | 15,700,000 |
Mt. Mckinley N.P. Additions | 4,000,000 |
Lake Clark Pass | 3,500,000 |
Katmai N.M. Additions | 900,000 |
Tanana Hills | 1,200,000 |
Great Kobuk Sand Dunes - Onion Portage | 260,000 |
Imuruk Lava Field | 300,000 |
Nogabahara Sand Dunes | 92,000 |
Unga Island | 6,000 |
Aniakchak Crater | 167,000 |
Mt. Veniaminof | 276,000 |
| 42,201,000 |
Historical and Archeological Areas
Klondike Gold Rush - Eagle | 28,400 |
Amchitka Island | 6,400 |
St. Lawrence Island | 6,400 |
Ipiutak - Point Hope | 6,400 |
Wales Complex | 6,400 |
Yukon Island | 6,400 |
Birnirk | 6,400 |
Chaluka | 6,400 |
Palugvik | 6,400 |
| 86,000 | 12 |
Prior to passage of ANCSA the Bureau of Sports
Fisheries and Wildlife had identified twenty-nine areas in Alaska as
having nationally significant fish and/or wildlife values. 13 Between December 22 and January 7, that
agency refined its list to twenty-two areas totaling 54,190,000 acres.
Included in the 106,391,000 acres the two agencies identified by January
7 were 5,717,000 acres of overlapping interest lands on the Seward
Peninsula, Bristol Bay, Aniakchak Crater, Bear Lake, and Copper
River-Bremner River. Although the Bureau of Outdoor Recreation was not
involved at this time, the NPS and BSF&W proposed withdrawing
10,000,000 acres for study for possible inclusion in the Wild and Scenic
Rivers System. 14
Between January 7, when the two agencies first
presented their proposals to Assistant Secretary Reed, and March 15 the
agencies themselves and departmental representatives reviewed and
refined the proposals. On January 11 Reed forwarded a revised version to
Undersecretary William Pecora. 15 On
February 1 the agencies presented their recommendations to the
department's Alaska Land Selection Task Force to Coordinate Federal Land
Selections in Alaska, a committee comprised of assistant secretaries,
solicitor, and legislative counsel. 16
On February 10 the agencies made their initial presentation to Secretary
Morton. In the next several weeks the proposals were revised, option
papers prepared, and on March 2 Assistant Secretary Reed made his final
recommendations to the Secretary. 17
Additionally, agency and departmental leaders heard
from Native leaders, state of Alaska officials, conservationists, and
other federal agencies with an interest in Alaska landsForest
Service, U.S. Geological Survey, Bureau of Mines, and Bureau of Indian
Affairs. 18 The comments of the various
groups and agencies did have an important effect on the shape of the
preliminary 17(d)(2) withdrawals in March. After meeting with
conservationists on February 28, for example, both the NPS and BSF&W
added the Noatak, the largest complete river system unaltered by man in
the United States, to their lists of interest areas. 19 Based upon input from other agencies,
moreover, potential mineral lands east of Bornite on the south slope of
the Brooks Range, small areas on the south side of Mount McKinley, and
certain lands in the Wrangell Mountains region would not be included in
the preliminary 17(d)(2) withdrawals. 20
In the final analysis, the preliminary d-2
withdrawals made in March 1972 would be the product of considerable
negotiation and compromise. Pressures outside the Interior Department,
not simply the assessment of resources values by agency professionals,
determined the shape of those withdrawals.
B. Identification of Study Areas,
March-September 1972
The March 17(d)(2) withdrawals were, as indicated,
only preliminary. Final withdrawal of study areas would come the
following September, after an evaluation of resource values of the
areas. In early January, while still involved in identification of
interest areas, the Service had begun defining study techniques,
developing cost estimates, and identifying possible participants for the
up-coming studies. 38
By late January Director Hartzog had decided that the
ANCSA implementation effort would be supervised directly by the
Washington office, and on February 2, he chose Ted Swem to direct the
project. 39 As defined in an April 26
"Roles and Functions" statement, the NPS Alaska effort was an
agency-wide one. Swem, who reported to the director, exercised direct
control over the Alaska effort, assumed responsibility for developing
programs, staffing and funding requirements, and represented the Service
in all intra-departmental affairs. In the field, an Alaska Task Force
that reported directly to Swem while retaining a functional relationship
with the Pacific Northwest Regional Office was responsible for carrying
out all studies and planning activity. The Alaska Field Office, which
reported to the Pacific Northwest Regional Director in Seattle, provided
logistical supportpersonnel services, finance, and procurement.
The regional office retained control of on-going operations in Alaska,
while providing support services for the Alaska Task Force, and was
responsible for collection of data relating to on-going park operations.
The Denver Service Center would be asked, when necessary, to lend its
expertise in such things as collection of land acquisition data, cost
estimates of development, and the like. 40
This organization was designed to provide greater
flexibility for the Alaska effort than might have been the case
otherwise. It facilitated communication between the Washington office
and the Alaska Task Force, giving people on the ground in Alaska a
greater voice in decisions. Because the ANCSA implementation effort
involved several federal agencies, retaining direct control in
Washington would allow for greater coordination between agencies than
was normally the case. At the same time, it did limit the role of the
regional director in decision-making that directly affected his region,
although he was to be kept informed of all activities of the Task Force.
41 On paper the functions of the Alaska
Task Force and Alaska Field Office were different; in reality they often
overlapped. It was an organization almost certain to create tension
within the Service despite efforts to ameliorate them. 42
Other federal agencies prepared, as well, for the
upcoming field season. Both the Forest Service and Bureau of Outdoor
Recreation established special offices in Anchorage to conduct studies.
The BSF&W, on the other hand, utilized its existing area office in
Anchorage, sending additional staff to Alaska on detail when necessary.
43 At the departmental level the study
efforts of the several agencies would be coordinated by a group headed
by Frank A. Bracken, legislative counsel. 44
Swem chose Albert G. Henson, a NPS planner with wide
experience in park management and new area planning to supervise the
Alaska Task Force. The NPS Task Force consisted of a small core staff of
five permanently assigned to Anchorage, with an additional thirty-three
people detailed to Alaska for periods ranging from four to six months
during 1972 and 1973. 45 The group
consisted of four hand-picked, multi-disciplinary teams (each comprised
of a team captain, ecologist, landscape architect, and interpretive
planner) assigned to evaluate from three to four areas in a given
region. 46 Additionally, a fifth team,
headed by Zorro Bradley, a NPS anthropologist who also directed the
Service's newly-created Cooperative Park Studies Unit at the University
of Alaska in Fairbanks, studied historical and archeological areas and
provided cultural resource assistance to all study teams. 47
Initial NPS studies concentrated on evaluating the
park values of areas withdrawn under 17(d)(2) and 17(d)(1) to determine
what lands should be included in the final 17(d)(2) withdrawals to be
made by September 17, 1972. 48 The basic
concern in this phase (June-September 1972), which involved an analysis
of both d-2 and d-1 lands, was insuring, in so far as possible, that the
recommendations to the Secretary of the Interior for final withdrawal of
study areas would include the very best possible lands available. The
Park Service, and its approach was shared by the BOR and somewhat
reluctantly by the BSF&W, studiously concentrated on resources and
avoided making recommendations regarding future management of areas.
They did of course, include general recommendations regarding which
agency should manage the area, but made no effort to resolve overlapping
interests. 49
Following the completion of its analysis of the March
withdrawal boundaries, the Task Force would undertake a regional or
"eco-systems" approach to planning by studying the d-2 lands and
adjacent areas to determine what, if any, land use controls should be
imposed there to protect the d-2 withdrawal lands. They would initiate
more detailed studies of the withdrawal areas necessary to prepare
conceptual master plans, legislative support data, and environmental
impact statements, all required for any legislative proposal. These
studies, which were often made in concert with planning teams from other
agencies and groups, would result in detailed knowledge about the areas
that would be also important for future management purposes. It would
result in a major addition to the existing body of knowledge about
Alaska.
Recommendations regarding the March withdrawals were
due in the Department of the Interior by July 20 for review by the
assistant secretaries as well as Frank Bracken's group. Presentation to
Secretary Morton was scheduled for August 10. 50 This meant that each of the "four systems"
agencies would have only a matter of weeks (until July 14, in the case
of the NPS) to analyze the March withdrawal areas, prepare
justifications for any changes, and make recommendations to the
Secretary for the final withdrawals. 51
The National Park Service's Alaska Task Force
participants arrived in Anchorage for orientation meetings on June 5-7.
52 By June 9, two teams were in the
field, while the other teams worked in Anchorage, reviewing existing
literature and maps. The next week, they alternated. 53 Given the limited time frame, it is
obvious that on-site analysis could not be much more than cursory and
that the recommendations due in July were based to a large extent on
information gathered from previous studies.
After weeks of virtually around the clock effort the
Service recommended that Secretary Morton withdraw for study for
potential additions to the National Park System eleven areas totaling
48,945,800 acres:
Noatak | 8,357,000 |
Gates of the Arctic | 11,040,220 |
Great Kobuk Sand Dunes | 925,400 |
Chukchi/Imuruk (Imuruk Lava Fields) | 2,150,900 |
Tanana Hills-Yukon River | 2,533,900 |
Mount McKinley N.P. additions (2) | 3,687,600 |
Katmai N.M. additions (2) | 1,584,740 |
Lake Clark Pass | 4,462,920 |
Kenai Fjords | 95,400 |
Wrangell-Saint Elias | 13,368, 600 |
Aniakchak Crater | 740,240 |
The Service noted, additionally, that large areas of
the state should be studied to determine the extent of archeological,
historical, and paleontological resources. It recommended that some
means of safeguarding those resources be undertaken, either by extending
to them the protection of the federal or state antiquities act, or by
encouraging the Native associations to protect them along the lines
adopted by other Native groups such as the Navajo tribe of Arizona and
New Mexico. 54
Among the major changes recommended were the transfer
of 4,368,000 acres from d-1 to d-2 status in the eastern Wrangell
mountains, and deletion of Mt. Veniaminof, Nogabahara Sand Dunes, and
Chukchi withdrawal areas. In the Noatak, recommended deletions of
388,900 acres in Kikmikso Mountain and the south Waring Mountains and
along the Redstone Mountains were more than balanced by the recommended
addition of 411,800 acres from open lands in the DeLong Mountains and
Kotlik Lagoons. The latter, which included lands of potential
archeological values along the coast, would become an important part of
the Cape Krusenstern proposal when that area was separated from the
Noatak. 55
The NPS Alaska Task Force recommended, additionally,
that three units totalling 95,400 acres of the 139,600-acre withdrawal
in the Kenai Fjords area be included as an NPS study area. Kenai Fjords
had been included in the Service's interest areas earlier, but had been
dropped in an effort to reach the 80,000,000-acre d-2 limitation. It was
included in the March d-2 withdrawals as part of the BSF&W's Aialik
withdrawal area. 56
The Task Force recommended that, whenever possible,
Secretary Morton include in his September withdrawals, boundaries "which
encompass complete watersheds, sufficient intact habitats, units of
geological importance." 57 Because the
study teams were unable to make more than cursory fly-over inspections
of the areas at this time, mistakes understandably were made. At Gates
of the Arctic, for example, the study team failed to include the Upper
Ambler, Shungnak, and Kogoluktuk rivers on the western part of the
proposal. 58 Nevertheless, along with the
areas recommended by other federal agencies and existing park areas, the
eleven NPS areas recommended for final d-2 withdrawals would, according
to Francis S.L. Williamson, "make available in perpetuity to the
American people [an] adequate representation of the magnificence,
grandeur and biological uniqueness of Alaska." The recreational and
esthetic values of the total resource, concluded Williamson, "are
boundless and collectively represent a broad cross section of all those
features of our natural heritage that the NPS was established to
provide." 59
Additionally, the Task Force recommended joint
studies with the state of Alaska and Native groups for future land use
of certain lands adjoining the proposed d-2 withdrawals. These
areasthe nine townships of pending state selections that included
portions of the John River Valley and Wild Lake immediately south of the
Gates of the Arctic withdrawal area, for examplewere lands whose
use would have a significant impact on the future parklands. Elsewhere,
the Service recommended certain land use controls for d-1 lands
adjoining the d-2 withdrawals. 60 These
recommendations were the first hint of a concept that would be
amplified, later, as areas of ecological concern.
As was the case with the March withdrawals, Secretary
Morton's final 17(d)(2) withdrawal would not be based solely on resource
values as defined by bureau experts, but, rather, would be the result of
a careful weighing of competing interests. As the Service's proposals
moved through the various levels of the department, the Secretary heard
from other Interior agenciesthe USGS and BLM presented reports,
for example. On August 4 Dr. Edgar Wayburn of the Sierra Club wrote
Secretary Morton, offering suggestions regarding the approach he might
take, and recommended the withdrawal of thirteen areas totalling some
84,000,000 acres. 61
By early August, too, the Forest Service, having
completed a review of 127,000,000 acres, presented its recommendations
to Secretary Morton. Commenting on the proposals of the Interior
Department agencies, Forest Service officials called for an alternative
"balanced system" that would provide for a "mixture of multiple use
lands as well as lands of high scenic and scientific value and units of
international importance to wildlife." A balanced system, agency
officials concluded, would include 32,400,000 acres for potential units
of the National Park System, 32,300,000 acres for refuges, 7,000,000 for
wild and scenic rivers, and 41,700,000 acres for national forests, a
considerable portion of which would be in interior Alaska. Subtracting
35,700,000 acres of overlaps (19,400,000 acres of proposed forest land
conflicted with NPS proposals), the total acreage in the Forest Service
package was 80,000,000 acres. 62
By August 16, following briefings by Native groups as
well as departmental review, the combined study area acreages stood at
75,940,000 acres. NPS areas totalled 41,599,140, BSF&W's were
42,641,833, with 1,000,000 more for wild and scenic rivers and 1,500,000
for national forests. The figure included overlapping land amounting to
11,620,340 acres. 63
According to Secretary Morton, however, the Joint
Federal-State Land Use Planning Commission provided the most influential
advice in the decision-making process leading to the final 17(d)(2)
withdrawals on September 13. 64 The
commission itself did not meet until July 31Secretary Morton had
not announced his appointees until July 14. 65
By April, however, it had been decided that the
Northern Alaska Planning Team, an interagency, multi-disciplinary task
force of twenty-five specialists from various state
and federal agencies, would be assigned to the commission as its
resource planning team. 66 Throughout the
summer, the resource planning team studied the March withdrawals and
conflicting claims by state and Native groups to make recommendations to
the full commission.
On August 9-11 the commission heard from
representatives of the federal agencies involved in d-2 implementation,
as well as state, Natives, and Alaska conservationists. On August 16
four members of the commission met with Secretary Morton in Washington,
D.C. to present its recommendations. 67
The make-up of the commission, both as mandated by
ANCSA and in appointees themselves, seemed to promise a balanced
approach intended by the legislation. As constituted the commission
represented a cross-section of the various interest groups
involvedCelia Hunter, a long-time Alaskan conservationist and
Charles Herbert, a strong supporter of Alaska mining interests were on
the panel, for example. 68 The commission
had the responsibility of balancing all competing interests. When its
recommendations were made public, however, it seemed to reflect, from
the perspective of NPS planners at least, a shift toward multiple-use
and joint federal-state management from dominant use as represented in
the National Park System. 69
The commission made no specific recommendations
regarding management or boundaries of areas. They had examined areas
of state-federal conflict, however, and made specific recommendations on
thirteen. In addition, they recommended several alternative policy
actions. Secretary Morton could shift the entire 80,000,000 acres of d-2
lands to d-1, with some restrictions on taking of minerals, or he could
transfer any portion of the d-2 lands in conflict with state or Native
designations (15,000,000 acres) to d-1 status. 70
Overall, the effect on the Service's d-2 withdrawal
recommendations was not as great as many feared it would be. However,
the Commission's recommendations in at least three areasGates of
the Arctic, Mount McKinley and Lake Clarkwould have an impact when
they were included in an out-of-court agreement that resolved the
lawsuit filed by the state of Alaska in April 1972 over conflict between
state selections and Secretary Morton's March withdrawals. In a
September 2 agreement with Secretary Morton the state agreed to drop its
lawsuit and its claim to 42,000,000 acres of pre-selected land in return
for immediate selection rights to lands on the south slope of the Brooks
Range, south of Mount McKinley National Park, and in the central part of
the Brooks Range. An additional clause that would bulk larger later,
opened lands along Antler Bay, Cape Kumlik, and Aniakchak Bay in the
Park Service's Aniakchak interest area to sport hunting. 71
On September 13, 1972, Secretary Morton announced the
final 17(d)(2) withdrawal of twenty-two areas totalling 79,300,000 acres
of land in Alaska for study for possible addition to the National Park,
Forest, Wildlife Refuge, and Wild and Scenic Rivers systems. 72 Actually, insofar as the Park Service was
concerned, the September 2 agreement had predetermined the nature of the
September withdrawals. There were no surprises in Secretary Morton's
withdrawals.
National Interest Study Areas Withdrawn for Possible
Inclusion in Four National Systems, September 1972. (Boundaries
Approximate) (click on map for larger size)
In the decision-making process that led to the
September withdrawals, the Park Service lost 600,000 acres of critical
caribou range in the recommended additions to Mount McKinley National
Park, and important access routes into Mount McKinley (Chelatna
Lake/Sunflower Basin) and Gates of the Arctic (Alatna and John Rivers).
Clark proposal was severely compromised, and the Tanana hills portion of
the Tanana Hills-Yukon River area had been eliminated. Much of the
proposed transfer of d-1 lands to d-2 status in Wrangell-St. Elias had
been deleted. 73
NPS Alaska Task Force planners watched apprehensively
the process leading to the September withdrawals, writing in August, for
example, "we got all the rock and ice we asked for" at Mount McKinley,
or somewhat sarcastically observing, as Paul Fritz did, that
Wrangell-Saint Elias be named "The Great Glacier National Park." 74 Despite their concerns, the Park Service
received most of the land Alaska task force planners believed necessary
for study as potential parklands:
| Acreage |
Noatak | 7,874,700 |
Gates of the Arctic | 9,388,100 |
Great Kobuk Sand Dunes | 1,454,400 |
Imuruk | 2,150,900 |
Yukon River | 1,233,660 |
Mt. McKinley NP additions | 2,996,640 |
Katmai NM additions | 1,411,900 |
Lake Clark Pass | 3,725,620 |
Kenai Fjords | 95,400 |
Wrangell-St. Elias | 10,613,540 |
Aniakchak Crater | 740,200 |
Total | 41,685,060 | 75 |
C. Preparation of Legislative
Recommendations
In preparation for the March and September
withdrawals, the Park Service had concentrated its efforts on refining
proposed withdrawal areas without determination of resource uses or
future management. Even as the process of determining the September
withdrawals was underway the Service had begun to shift its focus to
more detailed studies of the areas. Before December 18, 1973the
date mandated for submission of legislative
recommendationsdecisions on final boundaries would have to be
made. Conceptual master plans that would delineate management proposals
for the proposed areas, environmental impact statements, and detailed
legislative support data for each areainformation required for any
piece of legislationwould have to be completed. 76 In addition the Park Service would prepare
individual bills for the areas should those be necessary. 77 Because congressional committees
traditionally required the key witnesses be intimately familiar with the
areas, intensive on-the-ground inspection of each area, which had not
been possible in the early phases, would be undertaken. 78
At the same time, the Service would continue to
expand and improve the relationships with the Native community. 79 In that regard, too, the Service would
have to address the question of dual withdrawalslands withdrawn
both as d-2 land and for Native corporations. Efforts to resolve the
dual withdrawals, which included lands in Lake Clark, Aniakchak,
Chukchi-Imuruk, and Gates of the Arctic, would continue into the
post-ANILCA period. 80
No effort had been made, additionally, to resolve the
question of overlapping interest areas in preparing for the September
withdrawals. Decisions regarding management of such areas as the Upper
Yukon, Copper River, Chukchi-Imuruk, and Noatak, all areas in which both
the NPS and BSF&W had expressed an interest, would have to be made
before the legislation went forward to Congress. 81 As well, the overlapping interests between
Interior Department agencies and Forest Service, which amounted to
31,000,000 acres, would have to be addressed.
By April 1973 the Bureau of Land Management had
complicated the process when it introduced its own proposal for
management of large areas. The Bureau's "fifth system" concept was a
"multiple use planning effort with emphasis on Chitina Valley, Iliamna,
White Mountains, Fortymile and Noatak Planning Units." 82
All agencies involved would have to deal with a
variety of complicated policy issues in preparing legislative
recommendationssubsistence uses, areas of ecological concern,
coastal and navigable waters, mining and mineral leasing, and
wilderness. 83 The Park Service and
BSF&W, as indicated, had cooperated in their Alaska efforts from the
beginning. In early January 1973 the two agencies had begun to work out
overlaps at the Alaska level. 84
By early January, Assistant Secretary Reed had
decided that these questions would be best dealt with by some central
group that would coordinate the efforts of the several Interior
Department agencies involved. 85 At the
same time, such an organization it was believed, would overcome any
opposition to the Alaska effort within the individual agencies, and
would resolve any conflicts between agencies to present a solid front to
the rest of the department.
On February 15, 1973, Secretary Reed announced the
formation of an Alaska Planning Group, made up of representatives from
the NPS, BSF&W, and BOR. The group would be chaired by Theodor Swem,
who would also serve as representative of the National Park Service. 86
The Alaska Planning Group would coordinate the
efforts of Interior Department agencies in implementation of ANCSA. The
APG was responsible for the completion of all requirements necessary for
submission of legislative proposals, and all required support
documentation for proposed additions to the four systems that must be
submitted by December 18, 1973. It would work directly with the
Department's Alaska Task Force, a committee made up of deputy assistant
secretaries, assistant secretary of agriculture, and chaired by Ken
Brown, departmental legislative counsel. This Alaska Task Force was had
overall responsibility for coordinating the Interior Department's effort
in implementing ANCSA. 87
Work on conceptual master plans and environmental
impact statements and continued boundary refinements began as soon as
the Park Service's Alaska Task Force completed the recommendations to
Secretary Morton for the September 1972 d-2 withdrawals. In the
shortened 1972 field season NPS study teams fanned out across Alaska to
collect the detailed information necessary for preparation of those
documents. Often made in conjunction with people from other federal
agencies, state, Joint Federal-State Land Use Planning Commission, and
members of conservation organizations, these inspection trips served, as
well, to obtain the "I've been there" experience traditionally required
of key witnesses by congressional committees. 88
As the study teams undertook more detailed analysis
of the study areas they realized, that despite the previous studies, the
level of available knowledge was often inadequate for their purposes.
By way of example, ATF planners recognized from the very beginning that
subsistence would be significant question throughout the process. Yet,
no hard data on the extent or location of that activity existed. Equally
important, one of the charges made in opposition to withdrawal of such
large areas was that it would "lock-up" substantial mineral wealth. Yet
neither the Service nor those who opposed their efforts possessed
adequate documentation to support their arguments.
In 1972 the Task Force had contracted for an
assessment of the areas included in the July recommendations and for an
annotated bibliography of relevant topics. 89 In 1973, the Service initiated a broad
research program that would result in a long list of original studies
when it contracted for a botany study of Gates of the Arctic, and
multi-disciplinary studies at Noatak and Chukchi-Imuruk. 90 On January 18, 1973, Al Henson submitted a
revised financial plan that included $450,000 for research. 91
Over the next several years the variety of research
reports produced by or for the Park Service would give park planners as
well as future managers an intimate knowledge of the Alaskan areas. The
program, which was probably unique in the Service's history, produced a
number of ground-breaking studies and resulted in a significant
contribution to knowledge about Alaska. By 1978 some 176 studies had
been completed, and another 61 were underway. The Service estimated that
by that date 400 man-years of research (including pre-ANCSA NPS studies)
had been accomplished. 92
As the process of preparing master plans and
environmental impact statements went on, moreover, Alaska Task Force
study teams became increasingly aware that many of the concepts that
guided NPS planners elsewhere were not relevant when planning in Alaska.
Limited time, a concern that the Service would be accused of attempting
to close too much land, and an inadequate data base limited their
options, however. As a result, management proposals for the proposed
Alaskan parklands represented a sometimes curious mixture of creative
management concepts and 'state of the art' park planning with its
emphasis on visitor use and development.
At Gates of the Arctic, for example, NPS planners
proposed a two-unit National Wilderness Park. In the middle, located on
Native lands would be a 2,100,000-acre Nunamiut-Koyukuk National
Wildlands, to be managed cooperatively by the Park Service and Arctic
Slope Regional Corporation, which had selected the land. A
permit-reservation system, upon which the whole concept of a wilderness
park was predicated, would control the number of people allowed in the
area. The Noatak would be a jointly managed (NPS and BSF&W) National
Ecological Reserve, set aside to protect "in perpetuity two major arctic
valley ecosystems, now virtually unaffected by civilization, for their
scientific and educational values." A most creative concept forwarded
was a proposed Noatak Conservancya board of eminent scientists,
educators, local residents, and conservationistswho would advise
on all management decisions, policies, and programs, and review all
environmental impact statements for area projects. 93
Elsewhere, task force planners sometimes emphasized
visitor use on a scale that today seems inappropriate for the place. At
Yukon-Charley National Rivers, which was to be managed as a recreation
area, the planners proposed a visitor complex at Woodchopper/Coal Creek
that included a ranger station, visitor accommodations, air and boat
charters, canoe rental facilities, horse trips, interpretive and
research facilities. Other visitor facilities would be located, as well,
on the Charley, Kandik, and Nation rivers, and at Johnson's Gorge. At
the proposed Aniakchak Caldera National Monument, an isolated area on
the Alaskan Peninsula, the Service recommended a development site at
Meshik Lake and two "other development sites" within the crater itself.
94
Although hampered by a lack of knowledge in some
areas as well as an unrealistic deadline imposed by ANCSA, Alaska Task
Force planners nonetheless completed the major portion of the required
documents as scheduled. By early January the first of the "Description
of Environment" sections of the proposed environmental impact statements
were out for review and on January 26 study packages for Gates of the
Arctic and Mount McKinley were scheduled for completion. By May 15 the
last of the study packagesLake Clark and Kenai Fjordshad
been submitted for review. 95
The Alaska Task Force was, additionally, well on the
way to completion of the environmental impact statements for each of its
proposals as required by the National Environmental Policy Act of 1969.
However, questions regarding the format and substance of those
documents, as well as those being prepared by other agencies, existed.
96 Past difficulties that all agencies
had experienced, as well as the need for consistency in policy
statements and graphics, led to the decision that a single set of
documents would be prepared in Washington under the immediate
supervision of the Alaska Planning Group. Accordingly, in late summer
1973 the APG established a multi-agency task force, coordinated by Bill
Reffalt, a biologist assigned to the BSF&W's ANCSA staff, to prepare
the necessary documents. The task force, which included representatives
of five agencies and at times involved as many as sixty writers,
typists, graphic specialists, and consultants. By December 18, 1973, the
task force had completed draft environmental impact statements for each
of the twenty-eight areas included in Secretary Morton's legislative
proposals. Final statements revised to reflect comments by a wide
variety of agencies, organizations, and individuals, would be completed
in December 1974. 97
On April 25, 1973, the Alaska Planning Group met for
the first time to consider individual proposals when members discussed
Mount McKinley, Katmai, Yukon Flats, Coastal Refuges and Fortymile. 98 Following long, and sometimes acrimonious
debate, the Alaska Planning Group had substantially resolved the issues
by June 16, the date the combined proposals went forward to Assistant
Secretary Reed. Resolution of the question of overlapping interest areas
(NPS and BSF&W) had actually begun earlier at the local level. As
early as December 1972 the NPS Alaska Task Force considered joint
management of the Noatak as a solution there, and had so recommended.
99 At Chukchi-Imuruk, on the other hand,
the NPS study team decided that, despite the obvious wildlife values,
the area most properly belonged in the National Park System, and
submitted the issue to the APG for resolution. 100 Accepting the recommendation of the NPS
Alaska Task Force, the APG endorsed the concept of joint management at
Noatak, as well as for the two southern units of the proposed Harding
Icefields - Kenai Fjords National Park. They overrode the
recommendations of the NPS Alaska Task Force by proposing joint
management at Chukchi-Imuruk. The group decided that in Kobuk Valley,
the Upper Yukon and Copper River areas, park values outweighed wildlife
values and reaffirmed NPS proposals there. 101
Following resolution of overlapping interest areas,
the APG, as well as individual d-2 agencies, Bureau of Mines and USGS,
made presentations to the assistant secretaries in late June and early
July. The Alaska Planning Group presented a package for departmental
review that included 85,390,360 acres. Included were 32,242,000 acres of
refuges, 4,067,360 acres for Wild and Scenic Rivers, and 49,081,000
acres in proposed National Park Service areas:
Mount McKinley National Park additions | 3,600,000 |
Gates of the Arctic National Wilderness Park | 8,500,000 |
Nunamiut-Koyukuk National Wildlands | 2,100,000 |
Noatak National Ecological Reserve | 8,000,000 |
Kobuk Valley National Monument | 1,800,000 |
Cape Krusenstern National Monument | 400,000 |
Chukchi-Imuruk National Wildlands | 4,300,000 |
Yukon-Charley National Rivers | 1,800,000 |
Katmai National Monument additions | 2,301,000 |
Lake Clark National Park | 3,600,000 |
Aniakchak Caldera National Monument | 680,000 |
Wrangell-Saint Elias National Park | 11,900,000 |
Harding Icefield-Kenai Fjords National Park | 100,000 |
102 |
Differences existed, even within the Interior
Department, as to whether the 80,000,000-acre limit in Section 17(d)(2)
referred only to the September 1972 study area withdrawals, or whether
the legislative intent was to limit as well the total acreage in the
interior secretary's December 1973 recommendations to Congress.
Secretary Morton, and he was supported in his view by Representatives
John Saylor and Morris Udall, clearly believed the former was true. 103 In an effort to avoid potential
difficulties, however, Secretary Morton decided that the Interior
Department's legislative proposal would be generally within the
80,000,000-acre range. 104
The process of review following preparation of the
APG's June proposals was similar to that prior to the March and
September withdrawals. Political pressures, the Secretary's decision to
restrict the total acreage, and his own conviction that the only
potentially successful proposal would be one that achieved a balance
between multiple and dominant use molded the December 1973
recommendations.
On August 8, for example, the Federal-State Land Use
Planning Commission, which had held a series of hearings in thirty
Alaskan communities and four more "outside" in May and June, presented
its preliminary recommendations. Identifying "primary values" in
twenty-six d-2 areas, the commission recommended nearly 18,000,000 acres
as waterfowl, fish and wildlife habitat; and 22,469,000 more for a
combination of recreational uses, and scenic and natural features. Some
61,000,000 acres, much of it overlapping other areas, were identified
for mineral exploration and extraction with varying degrees of
regulation. Another 37,000,000 acres were proposed for a variety of
uses. Finally, the commission recommended that all d-2 lands remain open
for fishing and hunting, except for 3,000,000 acres in the central
Brooks Range, Wrangell-Chugach, and Mount McKinley areas. 105
The most important single factor that determined the
shape of the December legislative proposals, however, was concessions
won by Agriculture Secretary Earl Butz on behalf of the Forest Service.
In July the Forest Service published its final recommendations, calling
for the establishment of seven national forests, and five separate
additions to Chugach and Tongass national forests. 106 The proposal, which totaled nearly
42,000,000 acres, was similar to that presented to Secretary Morton the
previous year, a package he had then criticized as "an effort to get
into the Bureau of Land Management business." 107
Morton had substantially ignored the Forest Service
proposal at that time, and Park Service employees hoped that he would do
so again. In 1973, however, he was unable or unwilling to do so again.
Beginning in early August and continuing into October officials in the
Interior Department negotiated with their counterparts in the Department
of Agriculture. On August 9 the Forest Service presented its revised
"Suggested Balanced System," a 77,300,000-acre proposal that included
31,800,000 acres in forests, 24,000,000 in parks, 20,500,000 in refuges,
and 1,000,000 acres of wild and scenic rivers. 108 Following a series of offers,
counter-offers, and face-to-face meetings, Secretaries Morton and Butz
agreed to a compromise package that included 18,800,000 acres of new
national forestsPorcupine (5,500,000), Kuskokwim (7,300,000),
Wrangell Mountains (5,500,000), and a 500,000-acre addition to existing
forests. 109
There are differences of opinion as to the reason
Secretary Morton agreed to the concession, one that certainly outraged
conservationists and demoralized agency and departmental staffs. Robert
Cahn suggests that Butz used his position as one of President Nixon's
four "superlevel cabinet counselors" to force Morton to agree. Curtis
Bohlen, who was deputy Assistant Secretary of the Interior at the time,
believes that Morton's determination to develop a bill that would appeal
to the broadest possible constituency was a more important factor. 110
One area the NPS lost in the negotiationsthe
Noatakwas most certainly a part of an effort to increase the
acreage of multiple use areas. The Noatak had been proposed in June 1973
as the "National Ecological Reserve", managed jointly by the NPS and
BSF&W. By September 22, when the proposal was prepared for Secretary
Butz's consideration, the Noatak was listed under "Multiple Use
Management" areas with the NPS, BSF&W, and BLM as management
agencies. On October 16 Swem learned that the department had proposed a
Noatak National Ecological Range, administered by the BSF&W and BLM.
Swem appealed the decision to the departmental Alaska Task Force, but to
no avail. 111
The Morton-Butz compromise did much to shape the
final product. It was not, however, the last change made in the
proposals. In fact, resulting from continuing discussions within the
department as well as reviews by other agencies, changes were made in
the proposal to the very day the legislative recommendations went to
Congress. 112 On October 31, for
example, a disagreement arose in the Alaska Planning Group regarding the
location of the boundary between Katmai National Monument and Iliamna
National Ecological Range. 113 Following
OMB criticism of new unit classifications in the proposals,
Chukchi-Imuruk National Wildlands, a unit included in both the National
Park and National Wildlife Refuge systems became the proposed
Chukchi-Imuruk National Reserve, to be managed by the Park Service. 114 At the same time, OMB forced deletion of
a provision providing for preferential hiring of Alaska Natives. In a
decision which most, including Secretary Morton at his December 18 press
conference, criticized, OMB forced the Department to delete the "instant
wilderness" designation of Gates of the Arctic. 115
D. The Morton
Proposals
On December 17, 1972, Interior Secretary Morton
forwarded the proposed legislation to Congress. The bill, which, he
said, sought to preserve some of the most "majestic territory on earth,
along with lands and rivers that support some of the most exciting fish
and wildlife," was the product of considerable negotiation and
compromise, and sought to strike a balance between potential resource
users. If this had not been accomplished, concluded Morton, "we have
erred on the side of conservation." 116
Secretary Morton proposed adding 83,470,000 acres to
the National Park, Wildlife Refuge, Forest, and Wild and Scenic Rivers
systems. 117 Included were additions to
Mount McKinley National Park and Katmai National Monument (which would
become Katmai National Park with passage of the bill), establishment of
three new parks, four national monuments, one national river, and one
national reserve. The total acreage recommended, which would more than
double the size of the existing park system, was 32,600,000 acres:
Mount McKinley National Park additions | 3,180,000 |
Katmai National Park additions | 1,187,000 |
Aniakchak Caldera National Monument | 440,000 |
Harding Icefield-Kenai Fjords National Monument | 300,000 |
Cape Krusenstern National Monument | 350,000 |
Kobuk Valley National Monument | 1,850,000 |
Lake Clark National Park | 2,610,000 |
Wrangell-Saint Elias National Park | 8,640,000 |
Gates of the Arctic National Park | 8,360,000 |
Yukon-Charley National Rivers | 1,970,000 |
Chukchi-Imuruk National Reserve | 2,690,000 | 118 |
Nine areas totalling 31,590,000 acres would be added
to the National Wildlife Refuge system. The 18,800,000 acres of proposed
new national forests were those agreed to by Secretaries Morton and Butz
in October. Additions to the Wild and Scenic Rivers System (820,000
acres) would have included sixteen rivers within d-2 areas and four
moreBeaver Creek, Fortymile, Birch Creek, and
Unalakeetoutside.
The bill proposed joint management for four areas.
The Park Service and BSF&W would manage Chukchi-Imuruk National
Reserve and the two southern units of Harding Icefield-Kenai Fjords. The
BSF&W and BLM would cooperate to manage Iliamna National Resource
Range and Noatak National Arctic Range. 119
Proposals
Authorized by Alaska Native Claims Settlement Act, P.L. 92-203, December
18, 1973. (click on map for larger size)
The proposal provided for continued traditional
subsistence uses in all d-2 areas and withdrew all park areas except the
Charley River watershed in the Yukon-Charley National Rivers from all
forms of appropriation including mineral leasing laws, and provided for
a three-year wilderness review. It would have allowed the Secretary of
Interior to enter into cooperative agreements concerning the use of
privately owned lands adjacent the park areas. These lands, known as
areas of ecological concern, were not part of the system, but were
critical to the ecosystem of the park. Illustration 10. 120
Proposed Additions, National
Park System Showing Areas of Ecological Concern, December 18,
1973. (click on map for larger size)
In terms of the Park Service, the most controversial
provision in the bill was that which would have allowed the continuation
of sport hunting in Aniakchak, Lake Clark, Wrangell-St. Elias, Gates of
the Arctic, Chukchi-Imuruk, and Yukon-Charley National Rivers.
Conventional wisdom in the Service suggests that the provision for sport
hunting in park areas, which was included at the insistence of the
Interior Department over the opposition of the Park Service, resulted
from the September 1972 agreement between the state of Alaska and
Secretary Morton. 121 That agreement,
however, referred only to sport hunting in selected townships of the
proposed Aniakchak Caldera National Monument. Provision for sport
hunting in the other areas seems to have been more a response to
pressure from wildlife management and hunting groups. Secretary Morton's
desire to appeal to the widest possible constituency also seems a more
compelling reason, although it is likely that the agreement to allow
hunting at Aniakchak did make it easier to allow it elsewhere. 122
123???
Perhaps because Secretary Morton had tried to achieve
a balance between competing interest groups, the proposal succeeded in
pleasing very few. Forest Service representatives admitted that they
were not completely satisfied with the way things came out. Many
Alaskans, including the congressional delegation, governor, and
editorial opinion in the state, opposed the proposal as one that would
strangle the state's economy by "locking up" too much land in parks and
refuges, rather than in multiple-use areas. In March state officials
indicated that they would go to court to protest the proposals. 124
Conservationists, on the other hand, had viewed the
decision-making process leading to the proposal with growing dismay, as
more and more lands they believed should be preserved as parks and
refuges found their way into multiple-use categories. In May the
Wilderness Society had taken out a full-page newspaper advertisement to
bring pressure on Secretary Morton. On November 30, the Wilderness
Society, National Audubon Society, Sierra Club, and Friends of the Earth
formed the Emergency Wildlife and Wilderness Coalition for Alaska,
taking its campaign to the public with advertisements in major
newspapers across the country in an attempt to reverse decisions already
made. By November 1973 both the Sierra Club and Wilderness Society had
completed draft legislation that proposed setting aside 119,600,000
acres of land in Alaska. Included were 62,000,000 acres of national
parks:
Gates of the Arctic National Park | 12,200,000 |
Yukon-Charley National Park | 2,200,000 |
Kobuk Valley National Monument | 2,200,000 |
Cape Krusenstern National Monument | 300,000 |
Wrangell-Saint Elias National Park | 18,100,000 |
Lake Clark National Park | 7,200,000 |
Aniakchak Caldera National Monument | 800,000 |
Mount McKinley National Park additions | 4,200,000 |
Katmai National Monument additions | 2,600,000 |
Noatak National Ecological Reserve | 7,300,000 |
Chukchi-Imuruk National Ecological Reserve | 4,300,000 |
Kenai Fjords National Ecological Reserve | 600,000 |
125 |
For the National Park Service, the Morton proposal
was a bitter-sweet one. The bill proposed to double the size of the
National Park System in one fell swoop with areas of unsurpassed
grandeur. 126 Yet at the same time, NPS
planners were distressed over the loss of the Noatak, which Francis
Williamson had called the "best all-around choice made by the Task
Force" 127 The proposed 5,500,000-acre
Wrangell National Forest on the flanks of Wrangell-Saint Elias National
Park seemed to NPS planners to be a particularly "obscene" arrangement,
leaving as it did, a park consisting primarily of "rock and ice."
Equally galling to Alaska planners, was the failure to include a strong
regional planning provision, something which most involved felt would be
essential for the future of the Alaska parks, and loss of wilderness
designation for Gates of the Arctic National Park. 128
The provision that allowed for continued sport
hunting in proposed new park units proved especially disturbing, flying,
as it did, in the face of a tradition of an opposition to hunting in the
national parks that dated to the earliest general statement of National
Park Service policy in 1918. 129 There
is some evidence to suggest, it is true, that when Interior Department
officials included a hunting provision to placate hunting interests, no
one seriously expected that it would survive congressional scrutiny. 130 Nevertheless, the provision concerned a
great many, although by no means all, NPS employees, their allies in the
conservation community, and counterparts in the Canadian National Parks.
131
There is no doubt that the Morton proposal had
serious shortcomings. It would have benefitted from additional study and
planning. The Secretary had, of course, no choice but to submit the
proposal on that date. Congress had mandated the date for submission of
the proposals in ANCSA, however unrealistic that date might have been.
In retrospect, it seems that, given the political considerations under
which bureau and departmental officials worked, the need to listen to
and balance all views, the state of the knowledge of the Alaskan areas,
the too-limited time frame mandated by Congress for submission of
recommendations, and uncertainty that existed regarding Native land
selections, the Morton proposal went as far as was then possible. It
defined areas upon which others would build. In the areas of ecological
concern NPS and Department of the Interior officials had been able to
make public what they considered to be ideal boundaries for the proposed
park units. Later proposals would represent, in large part, extensions
into those 1973 areas of ecological concern. 132 Lastly, the recommendation of 83,000,000
acres broke a psychological barrier, by making a clear statement that
the 80,000,000-acre limitation of section 17(d)(2) did not bind the
legislative recommendations of the Secretary of the Interior. It
established, finally, a base below which any future administration would
find it difficult to go.
Between January 1, 1972 and December 18, 1973, the
Interior Department and individual bureau staffs had expended enormous
amount of time in preparation of the legislative recommendations
mandated by ANCSA. 133 Compromise that
was often painful to agency professionals, however, characterized the
decision-making process that led to the recommendations forwarded to
Congress by Secretary Morton on December 17, 1973. At each stage the
various interest groups had the opportunity to argue their views, and
the final product was an effort to balance their interests. Yet despite
the debate that had taken place and the compromises made, it became
clear almost as soon as Secretary Morton forwarded the proposal that
passage of any bill that provided for additions to the four systems in
Alaska would come only after a long and arduous process. On January 29
Congressman James Haley introduced the Morton proposal as H.R. 12336,
and the next day Senator Henry Jackson introduced the Senate version of
the bill. 134 At the same time Jackson
introduced, at the behest of conservationists, a bill calling for the
addition of 106,094,000 acres to the four conservation systems. 135 Over the next several months other bills
had been introduced to establish a cultural park in the Brooks Range
(Nunamuit National Wildland) and to increase the number of wildlife
refuges in Alaska. 136 Additionally,
others began to work up proposals, and members of the Alaska
Congressional delegation indicated that alternative legislative
proposals would be forthcoming. 137
These were only the first of a sometimes bewildering
array of bills introduced over the next several years regarding the
National Interest Lands in Alaska. For seven years the question would be
before Congress. By the time a bill finally passed in 1980, the question
had become the most thoroughly debated one of the history of
conservation in the United States.
Chapter Four: The Alaska National Interest Lands Conservation Act: A Legislative History
A. Legislation Introduced, 1974-1977
In 1975 Assistant Interior Secretary Nathaniel P.
Reed testified before the Senate Committee on Interior and Insular
Affairs that passage of the Alaska Conservation Bill constituted "one of
our highest environmental priorities and perhaps the most significant
conservation measure since Theodore Roosevelt took the lead in
establishing national forest reserves at the turn of the century." 1 In spite of any reservations regarding the
Morton proposal, Park Service employees generally agreed and looked
forward to a speedy passage of the bill. Their optimism proved
unfounded. Neither the Nixon nor the Ford administrations showed any
inclination to work for passage of the bill in 1974 or subsequent years.
In the face of their disinterest, the Morton proposals languished.
Despite the administration's lack of fervor in
pursuing congressional action, by late 1975 all elements necessary for a
thorough discussion of the issues were present. Along with the
administration's and the conservationists' bills, Alaska Representative
Don Young and Senator Ted Stevens had introduced a predominantly
multiple-use alternativethe "Alaska National Public Land
Conservation Act," the state of Alaska released a proposal that was to
be submitted as a bill at a later date, and the Joint Federal-State Land
Use Planning Commission announced tentative recommendations regarding
additions to the federal conservation systems. Representative John
Dingell had introduced two bills that addressed wildlife refuges in
Alaska, and NANA, a Native regional corporation, had released a proposal
for a cooperatively managed (federal, state, NANA regional corporation,
and village corporations)"Ecological Range" that would include
considerable portions of the d-2 areas in the north (Gates of the Arctic
and northwest Alaska). 2
Senator Stevens and Representative Young, whose bill
was similar in many respects to the recommendations of the state and
JFSLUPC, proposed to set aside 66,800,000 acres in conservation areas.
3 Five national park units totaled
14,020,000 acres, national forest areas amounted to 28,000,000 acres,
and 500,000 acres would be reserved for the Wild and Scenic Rivers
System. 4 The bill designated eight
transportation corridors to allow utilization of both known or potential
mineral resources and provided for state regulation of sport hunting and
control of subsistence.
The unique feature of the bill was a proposal to
include the state in management of a major portion of d-2 lands through
the creation of nine "Scenic Reserves" totalling 24,340,000 acres.
These areas, which included Iliamna (2,850,000 acres), Noatak Valley
(7,590,000 acres), Yukon Flats (2,210,000 acres), and Yukon Delta
(2,540,000 acres) would be cooperatively managed by the state and
federal governments. According to Representative Young, who was seconded
by Alaska Governor Jay Hammond, this provision would more effectively
meet the needs of local residents and provide greater management
flexibility than was possible under any existing system. 5
House and Senate committees held brief, largely
informational, hearings in 1973 and 1975. In August 1975 members of the
House Subcommittee on Parks and Recreation, John Seiberling and Goodloe
Byron, visited Alaska to inspect the proposed areas. 6 Both came away with an appreciation for
Alaska and a commitment to work for the preservation of nationally
significant lands there, something that would have an important impact
at a later date. Generally, however, Congress proved little more willing
than the executive to take up the question of the disposition of
Alaska's national interest lands. Not until 1977, when three of the five
years mandated for congressional action on the national interest lands
had passed, would Congress take up the question in earnest.
B. Department of the Interior
Activities, 1974-1977
This is not to suggest that work on the Alaska
national interest lands came to a stop. In so far as the National Park
Service and other federal agencies were concerned, quite the opposite is
true. In the intervening years, from 1974 to 1977, the National Park
Service carried on an intensive effort that would provide a more solid
data base when Congress did begin its deliberations. These same
activities would create an expertise that would be important for
management of the areas when they were established, and assist the
Interior Department in implementation of interrelated aspects of ANCSA.
7
By July 22, 1974, the final closing date for review
comments on the 1973 draft environmental impact statements, the
department had received over 6,000 public comments. Merely cataloging
these comments, not to mention incorporating them in the final
statements, would be a massive undertaking that would involve the
Washington office Alaska staffs of all "four-systems agencies," the
Alaska Planning Group, and a sizeable number of people detailed to
Washington specifically for the project. Pushed on not only by the need
for completion in terms of legislation, but to assist the Natives in
completing village selections, the department distributed the final
impact statements between December 1974 and February 1975. 8
In Alaska, moreover, the Service's Alaska Task Force
continued master planning and updating of the legislative support data
for the eleven NPS proposals. The accretion of knowledge of the proposed
areas and areas of ecological concern came from continued on-site
inspections as well as a wide variety of detailed studies. It would
provide a basis for revision of the 1973 master plans and a
re-examination of the proposed boundaries. The Service would, in
addition, continue to expand its Native assistance program, and conduct
follow-up work to develop certain issues that would be critical to the
legislative process and future management of the areassubsistence,
sport hunting, carrying capacity determination, mining and minerals, and
access, for example. A continually escalating part of their workload
would be responding to congressional requests for additional
information, commenting on legislative proposals, and synthesizing a
growing body of knowledge to be used to defend Service's proposals at
congressional hearings. 9
Interior Department and bureau officials recognized,
moreover, that the collection of data to assist Congress in its
deliberations and the laying of a solid foundation for future management
did not guarantee success for the department's program in Alaska. In
1974, following a course suggested by Theodor Swem and Al Henson the
previous year, the Alaska Planning Group launched an intensive campaign
to provide information for the American public and Alaskans, in
particular, about the issues involved, the opportunities presented, and
the Department's program for the Alaska. 10
The campaign, which included slide shows in all
national parks, hand-outs, articles in newspapers and magazines,
speakers, and two movies"Age of Alaska," and "One Man's
Alaska"complemented and stimulated a similar campaign carried on
by the private sector. 11 The effort in
1974-77 certainly helped to raise the level of public consciousness
about Alaska. Moreover, it helped to lay groundwork for the
conservationists' "grass-roots" campaign that would be so important a
part of the successful effort to secure passage of an Alaska national
interest lands act after 1977.
C. Cook Inlet and the Proposed Lake
Clark National Park
Despite the obvious importance of collecting
information which would assist in future congressional deliberations on
the Alaska lands, the lack of legislative progress proved frustrating.
By late 1975, prompted by recent developments in the long-simmering Cook
Inlet situation, Theodor Swem and Curtis E. Bohlen decided that one way
of moving the larger Alaska bill might be to attempt to secure passage
of a bill that provided for establishment of one or more areas. If
Congress could be convinced to act at all, they hoped, it might be
stimulated to take action on the larger package. 12
In many ways the Cook Inlet episode is a microcosm of
the larger struggle over Alaska's lands, involving, as it did,
conflicting claims over the land, differences in interpretation of the
law (ANCSA), lawsuits, and the negotiated resolution of extraordinarily
complex issues. The question at Cook Inlet revolved around the meaning
of "lands of character similar" (deficiency lands), which were to be
withdrawn for regional and village selection when lands in the immediate
vicinity were inadequate. In the Cook Inlet region, patterns of previous
state selections and federal withdrawals prevented full entitlement. 13
Secretary Morton had withdrawn a total of 209
townships (approximately 4,815,360 acres) to meet deficiency
requirements in the region, some 1,100,000 of which were in the proposed
Lake Clark National Park. 14 The Natives
did not quarrel over the amount of land. Rather, they argued that only
691,000 acres of the withdrawal land fulfilled the requirements of
"character similar," and "proximity," the rest being "mountainous or
glacial." 15 To resolve the differences,
Cook Inlet Regional Corporation brought suit on March 21, 1973. 16
If the Cook Inlet Regional Corporation was successful
in its suit, NPS planners believed, it could result in deletion of a
considerable portion of the Service's Lake Clark proposal, an amount
that would bring the viability of that area into question. Interior
Department attorneys suggested, moreover, that the suit threatened the
September 2, 1972 agreement between the state of Alaska and Secretary
Morton, something that could give the state land in the Wrangell-Saint
Elias, Gates of the Arctic, and Mount McKinley proposals. 17 Although the corporation lost its case in
the District Court, it appealed the decision, an action that Interior
Department attorneys believed would, regardless of the outcome, prevent
Congressional consideration of the areas involved for at least two to
four years. At the same time, Senator Henry Jackson and Representative
Lloyd Meeds promised to seek congressional relief for the Natives. 18
In April 1975 a Department of the Interior team, led
by Deputy Assistant Secretary Bohlen, with A. Durand Jones of Ted Swem's
staff representing the NPS, and Bill Reffalt representing the FWS, began
negotiations with the Natives and the state in an effort to reach an
out-of-court settlement. By December, the negotiators had hammered out a
three-way land exchange. Incorporated in Public Law 94-204 (January 2,
1976), the Cook Inlet land settlement gave the Natives land in several
areas, including Beluga Coalfields and selected parcels in Kenai
National Moose Range, the right to develop a mineral project in the
proposed Lake Clark National Park, and first right to concession
operations there. The state received lands in the Talkeetna Mountains,
in a d-2 area west of Lake Iliamna, and the Campbell airstrip tract. 19
The agreement served to "purify" the Park Service's
Lake Clark proposal, removing some inholdings and freeing 750,000 acres
on the southside for possible inclusion in the park. By doing so, it
effectively "nailed down" Lake Clark as a park unit. Afterwards there
would be little controversy there. Of equal importance, the Cook Inlet
Native Corporation agreed to publicly support the creation of a national
park area at Lake Clark. In a broader context, it bolstered the Natives
confidence in the Park Service's intentions in Alaska, something that
would be of increasing importance as time passed. 20
In light of the Cook Inlet land settlement, the Park
Service reevaluated its earlier proposals for the area. As it did so,
Alaska Task Force planners postulated one solution to the thorny problem
of sport huntingthe adoption of the newly created "preserve"
parkland category. The concept of a "preserve"an area set aside to
protect certain resources while allowing activities such as hunting,
fishing, or extraction of minerals and fuels as long as those activities
did not threaten the natural values, was not new. As early as 1958, more
than fifteen years before the establishment of the first national
preserve, the Park Service had proposed a list of preservesareas
to be preserved in their natural state, 21 and in 1969 Richard Gordon, an Alaska
conservationist, had recommended establishing the first NPS preserve at
Gates of the Arctic. In 1974, staff members of the Senate Interior
Committee suggested using in Alaska the national preserve category which
had been first used at Big Thicket, Texas and Big Cypress, Florida the
year before. 22
The Park Service's Alaska task force planners were
aware of that suggestion when they received directions in early January
1976 to study alternative management approaches to the Lake Clark area.
23 After considering a number of
possibilities, the group recommended a combination Lake Clark National
Park of 1,800,000 acres, with a 1,800,000-acre national preserve
encircling the western portion of the "core park." Neither hunting,
subsistence uses, motorized transportation, nor new mineral entry would
be allowed in the core park. Greater management flexibility allowed by
use of the "preserve" category would, at the same time, permit hunting,
subsistence, and snow machines in some areas, and mining in the Johnson
River area and in the Kontrashibuna River watershed. 24
Not all agreed with the decisiona vote of the
Alaska planners was almost evenly split. John Kauffmann expressed
concern over mining. He felt, too, that the preserve concept had been
misconstrued, that it had been taken to mean an area "not quite suitable
for national park designation," rather than an area that should be
preserved for its natural values. Bryan Harry, Alaska area director,
approved the preserve recommendation, but wrote that he believed that
existing subsistence uses should continue within the core park area. 25
The Washington office accepted the recommendations,
but with some modifications, and Theodor Swem and Deputy Assistant
Secretary Bohlen obtained a commitment from Representative Goodloe Byron
to introduce a bill regarding Lake Clark. 26 Originally the Service proposed a somewhat
broader bill to establish Lake Clark National Park and Preserve,
Aniakchak Caldera National Monument and Preserve, Harding Icefield-Kenai
Fjords National Monument, and Aniakchak Wild River. 27
Nothing came of the Service's proposal, and when
Congressman Byron introduced a Lake Clark bill (H.R. 15256) on August
26, 1976, it addressed only a Lake Clark National Park, and did not
mention preserve. Nevertheless, the preserve did provide one answer to
the difficult problem of sport hunting in NPS areas in Alaska. The
concept of using a preserve category in Alaska would be available when
Congress began to address the question of Alaska national interest lands
the following year. 28
D. The Proposals Take
Shape
By 1976, with the five-year time limit for
congressional action on the d-2 lands quickly slipping away, those with
an interest in Alaska's lands prepared for what all believed would be
the final chapter in the legislative process. Significant changes
occurred in the Park Service's WASO Alaska organization as it prepared
for the up-coming legislative sessions. At the end of February 1976,
Theodor Swem, who had directed the Service's Alaska effort since its
inception, retired. William C. Everhart, a career NPS historian then
serving as special assistant to the director, replaced Swem on an
interim basis. 29
Concerns had existed from the very beginning that the
organization of the Park Service's Alaska effort, which existed outside
the traditional line organization, could work to the detriment of the
Service's decision-making ability. 30 In
an effort to unify the organization more along functional lines as well
as to strengthen the Service's own legislative capacity, Director Gary
Everhardt transferred a major share of the Service's Alaska organization
to the office of legislation, and on November 26, 1977, announced the
appointment of Roger J. Contor, a career park manager and then
superintendent of Rocky Mountain National Park, as assistant to the
director for Alaska. Contor, whose duties spanned all program areas in
Alaskan matters, was given specific responsibility for improving
communications and coordinating the Service's Alaska effort. 31
Contor, who remained in the position until July 1979,
was, by his own description, more conservative in his approach than Swem
had been. Meanwhile, conditions had changed. After 1977 the role of the
conservationists in the legislative process would increase dramatically,
and the Alaska legislative effort within the Department of the Interior
would be more closely controlled at the departmental level than before.
Nevertheless, despite changes in personnel and circumstances, the basic
objective and approach of the Park Service in Alaska would remain
constant. 32
Representatives of the Alaska mining industry
prepared an "Alaska Resource Preservation" bill which would have added
12,925,000 acres to the National Park System; protected lands with
"substantial agricultural, forest, mineral industry, or multiple-use
potentials including recreation" by adding 20,000,000 acres of national
forests; and established eleven "5th system" areas that amounted to
44,531,000 acres. 33 In April the Joint
Federal-State Land Use Planning Commission published tentative
recommendations for the addition of 24,100,000 acres to the National
Park System, 11,500,000 acres to national forests, 16,700,000 acres to
wildlife refuges, and 2,700,000 to wild and scenic rivers. 34 The commission recommended that hunting
and mining be excluded from all national park units except national
preserves (4,300,000 acres), that a total of 7,700,000 acres be reserved
as "wilderness study areas," and that 31,300,000 acres be placed in a
new management systemNational Land Reserves. 35 The latter were areas that included both
multiple-use potential as well as significant scenic and natural
features. Planning and classification of these lands would be a joint
federal-state effort, and management would be accomplished by one of the
existing systems (not specified).
Conservationists had made significant contributions
during the process leading to the Morton proposals. Nonetheless, by
their own admission, they had reacted to events, while federal
conservation agencies took the lead. Although there had been
considerable contact with those agencies, both on a formal and informal
basis, conservationists had been unable to overcome the influence of the
multiple-use advocates in the bargaining that had shaped Secretary
Morton's December 1973 legislative recommendation. Beginning in late
1974, and often in consultation with Department of the Interior staff,
conservation groups developed organizational relations, agreed to
funding of the re-invigorated Alaska Coalition that would be responsible
for shepherding a d-2 bill through Congress, established priorities,
developed a legislative strategy, and began work to build a political
base that would, in the end, convince Congress of the desire of
Americans everywhere for passage of a strong Alaska lands bill. 36
E. The Carter Administration Takes
Over
The election of President Jimmy Carter in November
1976 brought the promise not only of action on the Alaska bill but also,
that the previous administration's proposals would be strengthened.
Carter had compiled a credible conservation record, had promised to
support an Alaska lands bill during the presidential campaign, and had
pledged to include conservationists in his administration. Equally
important, a combination of circumstances in the election had left open
the chairmanship of the House Committee on Interior and Insular Affairs,
with the likelihood that Representative Morris Udall would take over
that post. John Seiberling, who had travelled to Alaska to examine the
new areas in 1975, would assume chairmanship of a specially-created
subcommittee on General Oversight and Alaska Lands, with Harry Crandell,
who had been the Wilderness Society's director of wilderness reviews, as
his chief of staff. 37
Buoyed by this fortuitous turn of events,
representatives of most major conservation organizations met within a
week of Carter's election to map strategies, thrash out policy issues,
and draw up the outlines of a new Alaska lands bill. 38 The conservationists did not have the
resources to analyze the lands that federal agencies did. But, over the
years, they had met regularly with staff of those agencies, exchanged
data, and had access, of course, to the 1974-1975 environmental impact
statements. 39 Using that information, as
well as the expertise of knowledgeable Alaskans, the conservationists
prepared a preservation package that was considerably different from the
Morton proposal and whose boundaries were for, the most part, those that
had been identified by Interior Department agencies in 1973 as areas of
ecological concern or included as alternatives in the 1974-75
environmental impact statements. 40
In the next several weeks, Alaska Coalition members
and staff of the House Committee on Interior and Insular Affairs
polished the bill and cleared it with Representatives Udall and
Seiberling. On January 4, 1977, the first day of the Ninety-Fifth
Congress, Representative Udall, along with seventy-five co-sponsors,
introduced what he said was "one of the most important pieces of
legislation in the conservation annals of our country." 41 H.R. 39, and companion bills introduced by
Senators Lee Metcalf, Henry Jackson, and Clifford Hansen, 42 proposed setting aside up to 115,300,000
acres in the four national systems. The largest amount, 64,100,000
acres, would go to the National Park System:
Gates of the Arctic | 13,600,000 |
Yukon-Charley National Preserve | 3,200,000 |
Kobuk Valley National Monument | 1,900,000 |
Cape Krusenstern National Monument | 900,000 |
Wrangell-Kluane International Park and
Chisana National Preserve | 14,000,000 1,800,000 |
Lake Clark National Park | 7,500,000 |
Kenai Fjords National Monument | 600,000 |
Aniakchak Caldera National Monument | 400,000 |
Chukchi-Imuruk National Monument | 4,500,000 |
Noatak National Preserve | 7,600,000 |
Mount McKinley National Park additions | 4,700,000 |
Katmai National Monument additions | 2,600,000 |
Glacier Bay National Monument additions | 800,000 |
43 |
Twenty-three wild and scenic rivers totalled
4,000,000 acres, and 46,400,000 acres would be added to the wildlife
refuge system. The bill provided for no new national forests, although
it did authorize the President to add up to 1,600,000 acres to the
Tongass and Chugach national forests.
H R. 39 prohibited sport hunting and mining in
national parks and monuments, although it provided for subsistence uses
in "subsistence management zones," and permitted sport hunting in
national preserves. 44 The bill would
have given the Park Service the responsibility for administering the
wild and scenic rivers in Alaska. It would have established a specific
mechanism for regulating subsistence through "regulatory subsistence
boards" made up of subsistence users, and provided for a ten-year review
of the effects of hunting and fishing that included subsistence use.
Previous state land selections within national interest areas would be
invalidated if adequate land could be found elsewhere. The
conservationists' proposal would have authorized identification of areas
of ecological concern and, in recognition of the importance of the
Alaska lands, would have authorized establishment of separate regional
offices in Alaska for three Interior Department bureausNPS, FWS,
and BOR.
Finally, and this was the most controversial aspect
of the bill, H.R. 39 authorized establishment of over 145,000,000 acres
of "instant wilderness," bypassing the normal review process for
wilderness designation. Included were virtually all proposed park areas
in Alaska, and some 5.4 million acres of national forest lands in
Southeast, that were not d-2 lands. 45
Representative Udall, and virtually everyone who
supported H.R. 39, made it clear that the bill should not be taken as
final, but was, rather, meant to be a focal point for discussion of the
question of the disposition and management of the public domain in
Alaska. 46 It certainly proved to be
that. Alaskans, with the exception of the members of the conservation
community, generally opposed the bill. 47
The Alaska Federation of Natives, while agreeing to use the bill as a
vehicle for amendments, expressed serious concerns regarding protection
of subsistence, development options for Native corporations, and Native
lands rights, as well as the large wilderness designations. 48 Development industries and related
groupschambers of commerce, tourist industry, logging industry,
miners, and recreation interestsall expressed varying degrees of
opposition, and became the driving force behind the Citizens for
Management of Alaska Lands (CMAL), a lobbying group formed to oppose the
Udall bill and work for one more favorable toward development. 49
Following a series of meetings with different groups
around the state, Governor Hammond, Senator Stevens, and Representative
Young prepared a bill that they insisted represented a "true consensus
of the vast majority of Alaskans who want to see a rational and well
reasoned congressional decision on the national interest lands. 50 Introduced by Senator Stevens as S.1787 on
June 30, 1977, the "consensus bill" would have set aside some 75,000,000
acres in the various management systems. 51 Five new national park units (Aniakchak
National Monument, Cape Krusenstern National Monument, Gates of the
Arctic National Park, Kobuk Sand Dunes National Monument and
Wrangell-Saint Elias National Park), and additions to Katmai National
Monument and Mount McKinley National Park totalled 10,450,000 acres. The
bill provided for the addition of 8,040,000 acres to the wildlife refuge
system, 1,000,000 acres in three wild and scenic rivers, 5,748,000 acres
in additional national forests, and over 56,000,000 in "federal
cooperative lands." The latter, along with state and privately-held
lands, would be managed by the various agencies, and would be open to
all uses, save disposal, authorized by the public land laws. 52 The bill provided for the establishment of
a federal-state Alaska Lands Commission that would provide inventories
of the lands, develop comprehensive land use plans, and make land
classification of cooperative lands under its jurisdiction.
Additionally, S.1787 guaranteed access, mineral exploration and
development, wilderness review, and it prohibited the secretaries of
Interior and Agriculture from administratively establishing new
areas.
Park Service employees were ambivalent toward
Representative Udall's H.R. 39. NPS Alaska planners generally found the
bill to be an improvement over the Morton proposal, although most agreed
that the bill was only a starting point that needed considerable
correction. Those concerned with management of existing and future areas
in Alaska, on the other hand, tended to be more critical. Both Bryan
Harry and Roger Contor, for example, pointed out that H.R. 39 would
create many wilderness areas that were already so impacted as to be
virtually unmanageable. 53
Cecil D. Andrus, President Carter's choice as
Secretary of the Interior, made no specific recommendations regarding
H.R. 39 when he appeared before the subcommittee on General Oversight
and Alaska Lands in April 1977. He reaffirmed the administration's
support for a strong Alaska lands bill, saying
The establishment and protection of large land areas
in Alaska as units of the four systems called for in the Alaska Native
Claims Settlement Act is the highest environmental priority of this
administration.
He promised completion of a detailed report on H.R.
39 and other legislation by fall, following additional analysis by the
several agencies. He refused to support the Morton proposals, moreover,
indicating that the Carter administration would not be bound by the
recommendations "the staff made in years gone by." 54
Actually, Andrus, with encouragement from Curtis
Bohlen, had decided to strengthen the Morton proposals and increase the
size of the d-2 package at an early meeting regarding the Alaska lands.
Although no figures were discussed then, by August Secretary Andrus
indicated that he could recommend 85-90,000,000 acres. Such a decision
was in keeping for a man who had established a record of concern for the
environment. Most probably, too, Bohlen's suggestion that a Democratic
administration should go beyond a Republican one appealed to the
political sensibilities of the former governor of Idaho. 55
Andrus had decided, too, that because the legislation
would cut across several bureaus, the direction of Interior's d-2 effort
would be tightly controlled at the departmental level. He reconstituted
the Alaska Planning Group with Curtis Bohlen as chairman, and on April
22, announced the appointment of Bohlen as Special Assistant to the
Secretary for "planning and coordination of Interior natural and
cultural resource issues for programs in Alaska." 56
Secretary Andrus had promised to have detailed
recommendations on H.R. 39 completed by September. Along with this
analysis of H.R. 39, he ordered a thorough-going review of the 1973
Morton proposals. In this analysis, Curtis Bohlen admonished the
agencies, they must keep in mind the secretary's determination to
protect complete ecosystems, and that any boundary recommendation not
including complete watersheds should include recommendations for
protection and management of areas outside the boundaries. The comments
on the types of resources within the boundaries, Bohlen indicated, would
be central to establishing the Carter Administration's position on the
Alaska lands bill. 57
The Department of Agriculture quickly recognized the
importance of the approach outlined by the Department of the Interior.
It could, Assistant Agriculture Secretary M. Rupert Cutler warned,
result in using H.R. 39 rather than the 1973 Morton proposal as a
legislative base to establish the administration's position. While
Cutler admitted that some boundary adjustments might be necessary, he
wrote that the major changes to include ecosystems threatened the
delicate balance of Secretary Morton's proposal. It would, he asserted,
invalidate the Morton-Butz agreement that shaped those proposals, and
would certainly conflict with state and Native selections, raising once
again the possibility of litigation which could destroy the d-2 process.
On August 16 Secretary Andrus confirmed Cutler's concern when he
indicated that he would use the promised report on H.R. 39 as the
vehicle for legislative action, rather than preparing an alternative
proposal. 58
The Bureau of Land Management had anticipated
Secretary Andrus's directive for reevaluation of the Morton proposals.
Asserting that the BLM Organic Act (Federal Land Policy and Management
Act, October 21, 1976) provided a congressional charter which required a
reconsideration of the 1973 recommendations, that agency proceeded to
refurbish its "fifth system" approach to management of Alaska's public
lands. It proposed establishment of six national park units and
additions to Katmai and Mount McKinley that totaled 31,700,000 acres,
four new wildlife refuges and additions to Arctic Wildlife Range and
Cape Newenham, additions to Chugach and Tongass national forests, and
25,000,000 in new "state selection areas. " Eight "national conservation
areas" totaling 119,800,000 acres would be managed by BLM for
multiple-use purposes. 59 The Bureau had
not, apparently, apprised the new Secretary of the Interior of its
efforts. A premature release of the plans, and the following uproar in
the Alaska press led an angry Cecil Andrus to put an end to the Bureau's
proposals. 60
The Park Service had begun a review of its own
proposals during the first week of December 1976, when selected keymen
met in Washington with Roger Contor to examine the proposals and the
Service's proposed justifications for use in future legislative
hearings. 61 Based upon three years of
intensive research and on-site investigation, NPS Alaska planners had,
by the early part of 1977, developed boundaries for each area that
incorporated the ideal park unit. At Yukon-Charley, for example, Bill
Brown suggested including the Kandik and Nation rivers and Ogilvie
Mountains, and extending the southeast boundary to the 70-Mile River.
John Kauffmann had delineated thirteen boundary adjustments at Gates of
the Arctic that included Wild Lake, important resources of the upper
Noatak Basin, and Kipmik and Amitchiak lakes. Bob Belous recommended
extending the northern boundary of Cape Krusenstern to the north bank of
the Omikviorok River, to include Ipiakuk Lagoon, the northern, terminus
for the beach gravel migration system responsible for continuing beach
ridge construction. Extension of the southeastern boundary would include
important archeological resources along the foothills of Napaktuktuk
Mountain. 62
By July the Service had completed its detailed
analysis of H.R. 39 which had been ordered by Secretary Andrus and
Curtis Bohlen. The results of that analysis were presented to Director
William J. Whalen during the first week in August for his decision.
Brushing aside concerns over possible future management problems, Whalen
resolved what had been a disagreement within the NPS Washington Office
regarding the size of the recommended areas and the amount of instant
wilderness to be proposed, and concentrated, instead, on what he saw as
the opportunities presented for preserving major areas of land in Alaska
as part of the National Park System. 63
In his report to Assistant Secretary Herbst, Director
Whalen recommended amendments to H.R. 39, which would have resulted in
the inclusion of fourteen areas to the National Park System totalling
50,919,000 acres:
Gates of the Arctic National Park | 10,300,000 |
Yukon-Charley National Rivers | 2,500,000 |
Kobuk Valley National Park | 1,700,000 |
Cape Krusenstern National Monument | 283,000 |
Wrangell-Saint Elias National Park | 10,200,000 |
Wrangell-Saint Elias National Preserve (2 units) | 2,800,000 |
Lake Clark National Park | 2,500,000 |
Lake Clark National Preserve | 1,200,000 |
Aniakchak National Monument | 345,000 |
Aniakchak National Preserve | 212,000 |
Noatak National Preserve | 7,600,000 |
Admiralty Island National Preserve | 942,000 |
Mount McKinley National Park additions | 3,900,000 |
Katmai National Park additions | 1,800,000 |
Glacier Bay National Park additions | 580,000 |
Kenai Fjords National Park | 757,000 |
Bering Land Bridge National Preserve | 3,300,000 |
64 |
H.R. 39 proposed that the Noatak, which Secretary
Morton had recommended for joint BLM-FWS management, be administered by
the Park Service, something most in the Park Service had little
difficulty accepting. Included as well in Director Whalen's
recommendations was the addition of a number of areas recommended by NPS
Alaska planners in the "ideal boundaries" prepared earlier in the year.
At Gates of the Arctic, for example, a part of the recommended increase
in acreage came at Wild Lake, the lower Alatna, and a portion of the
John River and the Yukon-Charley proposal included the Kandik and Nation
rivers as well as areas along the north bank of the 70-Mile River.
Director Whalen recommended that the Cape Krusenstern boundaries as
delineated in the Morton proposals be used, with the recommended
additions described earlier as part of a designated "Area of Ecological
Concern."
Whalen recommended, moreover, NPS management of wild
and scenic rivers only in National Park System areas. He urged
recognition of valid existing rights, but opposition to all new mineral
exploration, location, and leasing. He asserted that development of
surface transportation corridors would result in damage to park
resources. He opposed sport hunting in parks, but indicated that
controlled sport hunting would be allowed in certain areas of
high-hunting use in preserves. He supported the "instant wilderness
designation" in Gates of the Arctic, Wrangell-Saint Elias, Admiralty
Island, Lake Clark, Glacier Bay, Kenai Fjords, and Denali, but argued
that wilderness designation elsewhere should come only after appropriate
studies.
The first NPS statements on subsistence had come in
1973. 65 Since that time the Service had
conducted an intensive program that included detailed studies of
subsistence in each of the proposed areas in an effort to satisfactorily
deal with that issue. 66 Based on the
additional information, Director Whalen indicated that although H.R. 39
was generally sensitive to subsistence, the mechanisms included in the
bill were thought to be too specific and should be, instead, established
through departmental policy and regulations.
In its analysis of H.R. 39, the Park Service did
address, necessarily, the question of the Noatak and Admiralty Island,
agreeing that those areas met the criteria for inclusion in the National
Park System. Elsewhere, the Service chose not to question the management
system designations determined in 1973. 67 Several of the areasKenai Fjords,
Chukchi-Imuruk, Lake Clark-Iliamna, for examplelong had been of
interest to both Fish and Wildlife Service and the National Park
Service. The distinction between park and wildlife values in these
areas, as well as in the Noatak, was not clear. In 1977 the FWS, quite
probably correctly so, interpreted Secretary Andrus' directive for a
review of the Morton proposals as an opportunity to reevaluate
management systems designated in that document. 68
When the FWS completed its analysis of H.R. 39, it
recommended, among other things, that Noatak, Kobuk Valley, Bering Land
Bridge (Chukchi-Imuruk), Kenai Fjords, Bremner River area of the
Wrangells, and portions of the southern addition of Katmai be added to
the wildlife refuge system. 69 Assistant
Secretary Herbst first accepted the FWS proposal when he began to
reshape the recommendations of the NPS, BOR, and FWS. One day later
(August 18), following intensive lobbying by Park Service officials,
Herbst reconsidered, and restored Noatak, Bering Land Bridge, Kenai
Fjords and Kobuk Valley to the National Park Service proposals. He
transferred six townships in the northern Wrangells to the proposed
Tetlin Wildlife Refuge, and the area in the Katmai addition near
Bercharof Lake and Kejulik drainage to the proposed Bercharof Wildlife
Refuge. The lower Noatak, as agreed to by the NPS and FWS, became the
proposed Quagaguiaq National Wildlife Refuge. 70
By August 23 Assistant Secretary Herbst had resolved
most differences between the three d-2 agencies, and had forwarded a
comprehensive proposal to Secretary Andrus that provided for the
addition of more than 102,452,000 acres to the National Park, National
Wildlife Refuge, and Wild and Scenic Rivers systems. Among some
51,646,000 acres of proposed national parks were four national
preserves, including, for the first time, an 869,000-acre preserve in
the Gates of the Arctic. 71
In the next several weeks Assistant Secretary
Herbst's proposals were reviewed by the other assistant secretaries,
other departments, OMB, and the White House. At each stage the proposals
were revised and on September 15, the Department of the Interior
released its proposals. Release of the Interior Department's proposed
amendments to H.R. 39 followed a period of intensive negotiations and
overnight deadlines for preparation of proposals and maps that left
everyone involved exhausted. The job could not have been made easier by
the dismissal of Curtis Bohlen, who lost his job in departmental
infighting in mid-August. Bohlen's replacement, Cynthia Wilson would
direct the department's ANILCA effort through passage of the
legislation. Wilson's involvement with Alaska the lands issue extended
back to her position as the Audubon Society's Washington representative.
She had most recently served as Secretary Andrus' assistant for
environmental affairs. 72
Asserting that "we can be certain that the crown
jewels of Alaskaits most spectacular natural environments,
recreation areas, and wildlife habitats," would be protected, Secretary
Andrus offered amendments to H.R. 39 that, while certainly scaling down
that bill, still proposed to set aside 91,800,000 acres in the four
national systems. 73 He would have
doubled the size of the National Park System by the establishment of ten
new areas and additions to three existing ones totalling 41,770,000
acres:
Aniakchak National Monument | 340,000 |
Aniakchak National Preserve | 160,000 |
Bering Land Bridge National Preserve | 2,340,000 |
Cape Krusenstern National Monument | 360,000 |
Denali National Park additions | 3,850,000 |
Gates of the Arctic Wilderness National Park | 8,120,000 |
Glacier Bay National Park | 590,000 |
Katmai National Park additions | 1,110,000 |
Kenai Fjords National Park | 410,000 |
Kobuk Valley National Park | 1,670,000 |
Lake Clark National Park | 3,140,000 |
Noatak National Ecological Preserve | 5,960,000 |
Wrangell-St. Elias National Park | 9,560,000 |
Wrangell-St. Elias National Preserve | 2,490,000 |
Yukon-Charley National Rivers | 1,690,000 |
He would have, additionally, doubled the size of the
National Wildlife Refuge System with the addition of 45,100,000 acres,
established thirty-three Wild and Scenic Rivers (2,540,000 acres), and
added 2,450,000 acres to Chugach and Tongass national forests.
Secretary Andrus proposed to designate 41,320,000
acres30,805,000 of it in NPS areasas "instant wilderness."
Sport hunting would have been permitted in national preserves, but
prohibited in the parks and monuments. A non-racial subsistence policy
was based primarily on NPS research completed since 1974. Subsistence
would take place in specially designated "subsistence management zones,
" and would be jointly managed by the state and federal governments. The
Secretary of the Interior would designate zones, and have the right to
close areas if resources were in jeopardy. The Alaska Fish and Game
Department would assume responsibility for management, administration,
and enforcement, and the state would have responsibility for
determining, "without regard to race or ethnic origins," who qualified
for subsistence use. The state would be authorized, as well, to
establish local advisory boards to help determine who qualified. The
Alaska Fish and Game Department would also be responsible, in
consultation with federal managers, for management of fish and wildlife.
Andrus proposed, moreover, establishment of an Alaska Cooperative
Planning Commission, similar to the JFSLUPC, that would function in an
advisory capacity in land and resource use, transportation, and the
like. The proposal also would have established areas of ecological
concern amounting to 80,000,000 acres. Secretary Andrus called for the
establishment of two "mineral management zones" in Wrangell-Saint Elias
National Preserve, where the secretary would be authorized to grant
permits for the study of mineral potential and, under strict guidelines,
could issue permits for exploration and extraction. Finally, reflecting
NPS concerns, the department attempted to add an extra measure of
protection for the areas by including a clear statement of purpose for
establishment of each area. 74
The Andrus proposal was, certainly, a much stronger
preservation package than had been the Morton recommendations, although
conservationists believed that it, too, fell short of the ideal. 75 It was, as the Morton proposal had been, a
compromise that attempted to balance the concerns of a broader
constituency than had H.R. 39. 76 At the
last minute, for example, the Service lost an area which it had studied
off and on since the 1930sAdmiralty Islandand the FWS lost
the proposed Copper River Delta Wildlife Refuge through a decision that
also foreclosed on the possibility of establishment of national forests
in interior Alaska. 77
F. The Alaska National Interest
Lands Bills in Congress, 1977-1978
While the Department of Interior analyzed H.R. 39 in
the spring and summer of 1977, Congress conducted its own review.
Representative John Seiberling's newly-formed Subcommittee on General
Oversight and Alaska Lands embarked on an extensive series of public
hearings to gauge the reaction of the American public to the issues
addressed by H.R. 39. From April through September the congressmen met
to take testimony not only in five major cities in the "Lower 48", but
also in such places in Alaska as Bethel, Kotzebue, Anaktuvuk Pass, Fort
Yukon, and Galena. It was a remarkable undertaking. More than 2300
people, 1,000 of them from Alaska, testified. The committee heard from
people from all walks of lifeformer Assistant Secretary of the
Interior Nathaniel P. Reed exhorted the committee to "be bold,"
reminding them that the "scars on the land in Alaska and the lower 48
states give grim evidence of our past failures"; Alaska's bush
pilot-turned-Governor, Jay Hammond, reminded them that "it is not easy
to be both the oil barrel to the nation and national park to the world";
and sixty-four-year-old Robert Vent from Wishdale on the Koyukuk River
worried about the effect of sport hunting on subsistence. The testimony
before the subcommittee, which is recorded in a sixteen-volume report,
captures much of the essence of the struggle over the Alaska National
Interest Lands. 78
The Alaska Coalition, which had determined to use the
hearings to demonstrate broad support for a strong Alaska lands bill, as
well as to build support for the upcoming legislative battle, had done
its work well. Supporters of the bill overwhelmed the opposition in the
"Lower 48." Even in Alaska, where the congressmen expected to find near
unanimous opposition, opinion was nearly evenly divided. 79
Despite the show of strength the conservationists had
been able to muster, the decision to rewrite H.R. 39 had been made
earlier, and that decision had been reinforced during the hearings the
past spring and summer. 80 In October
staff members revised the bill to reflect concerns raised during
subcommittee hearings as well as Department of the Interior
recommendations. 81 The subcommittee
ignored an alternative proposal made by Representative Don Young and
adopted, instead, Committee Print No. 2 (October 28) as the mark-up
vehicle for H.R. 39. The revisions incorporated in this version, John
Seiberling indicated, accommodated mining and hunting interests, and
left open seventy-five percent of Alaska's land for mineral development,
eighty percent of its timber for logging, and sixty percent of the land
for sport hunting. 82 The revision
struck a balance, too, between the administration's September 15
proposals and H.R. 39 as introduced on January 4, 1977. The Interior
Department, which had input along the way, praised the subcommittee's
approach to areas and boundaries, which were generally in agreement with
those in the Interior Department's September 15 recommendations. The
committee proposed additions to the four national systems amounting to
104,717,000 acres, increasing NPS acreage to 45,670,000. The larger
acreage was due primarily to the addition of a 1,100,000-acre Gates of
the Arctic National Preserve in the Nigu-Etivluk Valley in the National
Petroleum Reserve-Alaska and inclusion of Squirrel River watershed
portions of the lower Noatak (2,500,000 acres). The committee
recommended the addition of 53,550,000 acres to the wildlife refuge
system, 5,840,000 acres in forests, and 2,747,000 acres in wild and
scenic rivers (fourteen rivers with provision for study of eleven more).
83
The Interior Department expressed, nonetheless,
concern over several provisions that remained in the mark-up vehicle.
The amount of "instant wilderness" exceeded the administration's
recommendation, although it had been reduced from 145,000,000 acres in
the original version of the bill to 81,700,000 acres. A complex
procedure threatened to open national preserves, wildlife refuges, and
wild and scenic rivers to exploration and development of hard rock
minerals and oil and gas. Finally, the Department of the Interior
opposed a transportation title that established a process for
rights-of-way across d-2 areas. 84
Representative Seiberling hoped, originally, to begin
mark-up sessions on November 9, 1977, but the subcommittee did not begin
work until January 1978. The bill was not reported to the full Committee
on Interior and Insular Affairs until February 7, following fourteen
days of mark-up. 85
The subcommittee had beaten back an effort to
substitute a new "fifth-system," multiple-use proposal offered by
Representative Lloyd Meeds as the mark-up vehicle, but had accepted,
according to John Seiberling, eighty-five of eighty-nine amendments
offered by Alaska Representative Don Young. 86 It had resolved, to a large extent,
differences over outside boundaries, although Representative Young would
introduce an amendment to reduce boundaries by a total of 5,000,000
acres during debate on the floor of the House in May. 87
As a result, discussions during the nine days of
mark-up by the full committee on Interior and Insular Affairs centered
primarily on levels of protection afforded the areas. Once again
Representatives Don Young and Lloyd Meeds led the effort to amend the
bill, and though they managed to win some of their amendments, the major
attempts to change the bill lost each time by one or two votes. 88 Among the changes sought, for example,
were those increasing the size of preserves in Cape Krusenstern, Gates
of the Arctic, Wrangell-Saint Elias, and converting Kenai-Fjords,
Noatak, Yukon-Charley, and Bering Land Bridge into proposed wildlife
refuges. 89
On March 21, 1978, having defeated another attempt by
Congressman Lloyd Meeds to substitute a multiple-use proposal, the
committee recommended the addition of some 98,387,000 acres to the four
systems, including 42,650,000 in national park units, 50,710,000 in
wildlife refuges 1,687,000 in wild and scenic rivers, and 3,340,000 in
forests. The committee's revision included some 16,000,000 acres of
national preserves, adding preserves in Gates of the Arctic (60,000),
Denali (400,000), and Katmai (210,000) to those proposed by the
administration. 90 The committee reduced
"instant wilderness" by more than 6,000,000 acres, an action taken over
the protests of committee staff. 91
As ordered by the Speaker of the House, the Interior
and Insular Affairs Committee referred the revised bill to the Committee
on Merchant Marine and Fisheries, resolving a long-standing
jurisdictional dispute between the committees. 92 Staff of the Merchant Marine committee
had participated in the 1977 hearings, and the committee, which has
responsibility for wildlife refuges, had held its own hearings on April
4-7, 1978. On May 3 the committee reported H.R. 39, with amendments
increasing the size of the wildlife refuge system to 77,500,000 acres,
decreasing wilderness designation in the refuges from 28,470,000 to
20,000,000 acres. The committee would have permitted coordinated
management of fish and wildlife resources in the Bristol Bay region,
providing for cooperative management of areas seaward of coastal
refuges. The Secretary of the Interior would have been authorized to
permit oil and gas leasing, construction and operation of pipelines, and
leasing for exploration and extraction of locatable minerals in Alaska
Wildlife Refuges following a determination of compatibility. 93
In an effort to speed consideration of the Alaska
lands bill by the full House, the two committees agreed to a compromise
billH.R. 12625that would be offered on the House floor. The
bill did not purport to resolve all differences between the committees
but was, rather, merely intended to be a vehicle for debate on the
Alaska national interest land issue in the House of Representatives. 94
Finally, six long years of planning, hearings, and
review by agency professionals, congressional committees and staffs were
over, and Congress took up the question of the disposition of the Alaska
national interest lands. Knowing that nothing more could be done than
the counting of the votes, interest groupsconservationists, state
of Alaska, Natives, and virtually every industry with any interest in
Alaskahad marshalled their forces when Morris Udall addressed what
he called " surely the greatest conservation opportunity ever to be
placed before the House of Representatives" on May 17, 1978. 95
The debates on the floor of the House of
Representatives had been presaged in the preceding six years. Harrowing
as it may have been for the participants, the record of the three days
of debate provides a fascinating, if sometimes bewildering, glimpse of
the legislative process. After considerable wrangling over parliamentary
procedures, the defeat of an amendment by Don Young to cut some
5,000,000 acres from d-2 lands and make them available for state
selection, and defeat of multiple-use alternatives offered by
Representative Lloyd Meeds, the vote on H.R. 39 came on May 19, 1978.
96 Following a rousing speech by Morris
Udall, the House defeated an effort to recommit, and passed H.R. 39 by a
vote of 279-31. 97
H.R. 39, as passed by the House on May 19, certainly
did not contain everything either the conservationists or NPS officials
hoped it would. Although compromises had been made, the bill was
stronger than the bills first introduced in 1974, and some believe that
it may have been the best bill passed by either house during the entire
d-2 process. The bill provided for the addition of more than 100,000,000
acres to the four national systems. Ten new park units and additions to
three existing areas totalled 42,720,000 acres:
Aniakchak National Monument | 350,000 |
Aniakchak National Preserve | 160,000 |
Bering Land Bridge National Preserve | 2,480,000 |
Cape Krusenstern National Monument | 540,000 |
Gates of the Arctic National Park | 8,050,000 |
Gates of the Arctic National Preserve | 60,000 |
Kenai-Fjords National Park | 420,000 |
Kobuk Valley National Park | 1,717,000 |
Lake Clark National Park | 2,395,000 |
Lake Clark National Preserve | 1,095,000 |
Noatak National Preserve | 6,080,000 |
Wrangell Saint Elias National Park | 8,670,000 |
Wrangell-Saint Elias National Preserve | 3,380,000 |
Yukon-Charley Rivers National Preserve | 1,683,000 |
Denali National Park additions
Denali National Preserve | 3,350,000 400,000 |
Glacier Bay National Monument | 550,000 |
Katmai National Monument additions
Katmai National Preserve | 1,300,000 210,000 | 98 |
Seventeen national wildlife refuges totalled over
77,000,000 acres. 99 The bill as passed
by the House provided for the addition of 2,740,000 acres to Chugach and
Tongass national forests, and the designation of twenty-five wild and
scenic rivers with an additional fifteen to be studied. A majority
(41,690,000 acres) of the 65,500,000 acres to be added to the National
Wilderness Preservation System would be in National Park System units.
100
The bill provided for cooperative management of the
Bristol Bay region and seaward areas adjacent to refuges. The bill
protected subsistence, and allowed sport hunting in national preserves
only by specific action of the Secretary of the Interior. Mining and
mineral leasing in all units of the National Park System was prohibited,
but the bill directed the Secretary of the Interior to continue a
mineral assessments program in the state, and the president to submit a
proposal for evaluating applications for mineral exploration and
extraction on conservation system units by 1981. Additionally, the bill
provided for an expedited consideration of applications for
rights-of-way across units of the National Park System. 101
In what was in part a result of the lengthening
debate over Alaska's public lands, a growing complexity of the bill was
noticeable. Among other provisions, for example, was the
"grandfathering" of hunting guides in Katmai, Denali, Gates of the
Arctic, and Wrangell-Saint Elias national parks; designation of the
Iditarod National Historic Trail; amendment of the Klondike Gold Rush
National Historical Park Act to permit state land exchanges; and
authorization of existing and future navigation aids and facilities. 102
Supporters of H.R. 39 hoped that the overwhelming
margin of victory in the House of Representatives would put pressure on
the Senate to act expeditiously. Few believed, however, that so strong a
bill would emerge from that body. The Senate is traditionally very
reluctant to pass any bill affecting a state over the protests of that
state's senators. Both senators from Alaska were on record in
opposition. Mike Gravel, who had introduced his own bill on April 19,
had stated over and over that he intended to prevent passage of any bill
that session.103 Senator Stevens felt
just as strongly, and had hinted, earlier, that a bill might not pass
before expiration of d-2 protection on December 15, 1978. 104 But he recognized that uncertainty
regarding the national interest lands was a barrier to progress in
Alaska, and determined to work for resolution of the issue. He had made
it clear, however, that any bill passed would do so on his terms. The
tactic he followed from the beginning, and Representative Don Young had
successfully followed his lead in the House, was to delay the bill at
every step, recognizing that compromise would come more readily when the
December 18, 1978 expiration of d-2 protection loomed closer. 105
The Senate Committee on Energy and Natural Resources
(formerly Interior and Insular Affairs) had held hearings in preparation
for Senate consideration of the Alaska lands bill in 1976 and seven
additional days during 1978. Its staff had held workshops in seven
Alaskan communities during September 1977 and February 1978. 106 Nevertheless, events seemed to conspire
to slow progress of the bill in the Senate. Although Senator Henry
Jackson had originally intended to report a bill during July, work on
energy issues delayed mark-up until June 22. 107 H.R. 39, referred to the Senate on June
8, 1978, was only one of eleven different pending bills that related to
the Alaska national interest lands. 108
On June 28 the committee voted to consolidate the pending bills, rather
than using the House-passed H.R. 39 as mark-up vehicle.
109
Senator Jackson, too, invited both Senators Stevens
and Gravel to participate in the committee mark-up sessions, giving them
an opportunity to delay and bring about significant changes before the
bill reached the Senate floor. 110
Senator Gravel chose to follow his own counsel, and did not participate.
Senator Stevens, however, attended every one of the forty-two
oft-tedious sessions. He proved a skillful opponent. Cajoling and
threatening, when necessary, he often dominated debate, and clearly left
his imprint on the bill. 111
Not until October 5, with just eight days before
adjournment, did the committee formally report a bill that had, in the
estimate of conservationists and Interior Department staff, severely
weakened the protection afforded the lands in both the House-passed
version of H. R. 39 and the Carter administration's proposals. The
slightly more than 88,000,000 acres proposed for the conservation
systems included over 16,000,000 acres in multiple-use
lands8,520,000 acres in national forests and 7,550,000 acres in
BLM-managed "National Conservation Areas" (including a 986,000-acre
White Mountain National Recreation Area). The committee added a
1,530,000-acre Misty Fjords National Preserve in Southeast Alaska,
bringing total acreage in proposed additions to the National Park System
to 43,650,000 acres. Less than half of that total (20,650,000 acres) was
offered protection as parks and monuments, however, and the balance was
given less protection as preserves (20,340,000). 112
The committee divided Gates of the Arctic into five
separate units, three of which would be opened to sport hunting. A
two-unit national park (Igikpak and Doonerak units) was divided by a
national preserve in the John River Valley. Two national recreation
areas totalled 1,040,000 acres The first would include the south half of
the valley on the North Fork of Koyukuk River, just below the two peaks
from which came the name "Gates of the Arctic." The second encompassed
Selby Lake and headwaters of the Kobuk River. The 1,400,000-acre
national recreation area in the Wrangell-Saint Elias proposal left much
of the most important wildlife habitat and recreational land open to
mining. The preserve at Katmai was situated so as to leave a "firing
line"an area open to hunting through which the bears would have to
migrate. 113
Elsewhere, the committee cut instant wilderness
designation to 36,520,000 acres, 30,210,000 of it in the National Park
System, and mandated oil and gas exploration in the Arctic National
Wildlife Range. It established a process for expediting requests for
transportation corridors through conservation units, mandating specific
rights-of-way across Bering Land Bridge National Preserve and across the
"boot" at Gates of the Arctic (the upper watershed of the Kobuk River
and Selby Lake region).
The bill reported by the Senate Energy Committee
proved unacceptable to the Carter Administration, supporters of H.R. 39
in the House, and conservationists alike. 114 Because no time remained for a
House-Senate conference to resolve differences before adjournment, H.R.
39, a bill that seemed unstoppable in May, appeared to be dead. 115
G. The National Monument
Interlude
What followed was one of the most intriguing, if
misunderstood, events in the entire legislative process of the Alaska
National interest lands. As early as October 9 staff of the House
Committee on Interior and Insular Affairs, acting on Representative
Udall's orders, had begun to prepare a series of minor amendments which
could serve as the basis for discussion between the two houses. 116 On October 11 Senator Jackson called a
meeting, attended by himself, Senators Stevens and Durkin, and
Representatives Udall and Seiberling, to determine whether any hope for
reaching a compromise existed. 117 The
group agreed to make an effort to develop a compromise bill, something
that certainly seemed possible when Senator Gravel wrote Senator Stevens
to indicate that he would now support a compromise proposal. 118
For two tension-packed days the "ad hoc" conferees
met. On the 13th, Secretary Andrus, who had returned from vacation, was
included as a full partner in the negotiations. 119 By late afternoon on that day it seemed
possible to nearly everyone that success was once again within reach.
The group had reached tentative agreement on most major issues, and had
directed the staff to put down in legislative language what they
believed had been decided, and to indicate what areas of difference
remained. 120 At that point, Senator
Gravel, who had not taken part in the proceedings, spoke up for the
first time, listing demands for a Susitna hydropower project, a clause
prohibiting future use of the Antiquities Act or wilderness withdrawals
in Alaska, $800,000,000 for access and recreational facilities, and
seven mandated transportation corridors across park and refuge
lands:
NPR-A and adjacent state and Native lands across Gates of the Arctic
and/or Noatak;
Interior (notably Ambler River copper district from Kotzebue across
Kobuk and/or Selawik);
Ambler River across Gates of the Arctic "boot";
Ambler River District and interior across Seward Peninsula and
Selawik and Koyukuk refuges;
Interior from Yukon-Kuskokim across the Yukon Delta Refuge;
Bristol Bay region from the Pacific Ocean across Becharof; and across
the Stikine River Valley from Southeast Alaska to Canada. 121
The other conferees thought Senator Gravel's demands
to be so unreasonable as to bring the discussions to a close had he not
assured Senator Jackson that they were negotiable. Senator Jackson
instructed the staff to develop options for Senator Gravel's demands
that night. The next morning, after an all-night session, the staffs of
the two houses, assisted by representatives of the Interior Department,
had completed a draft bill along with maps incorporating agreements
reached in the previous two days. The draft bill contained much of what
had been included in H.R. 39 as -reported by the Senate Energy
Committee. Known as the "ad hoc" compromise, the staff draft written on
the night of October 13, provided for the addition of over 95,000,000
acres to the five national systems, and just over 51,000,000 acres of
wilderness. Nearly half (21,576,000 acres) of the 44,592,000 acres
alloted to the National Park System received lesser protection as
national preserves, with an additional 2,505,000 acres designated as
national recreation areas. The staff draft provided for national
recreation areas in the Noatak and Wrangell-Saint Elias, but had dropped
that designation in Gates of the Arctic in favor of a national preserve.
The draft did provide, however, that the Kobuk River area (or "boot") in
Gates of the Arctic, would be managed as a national recreation area for
purposes of transportation. 122
The "ad hoc" conferees met Saturday morning to resume
negotiations. No one had time to review the entire draft, although
arguments regarding specifics did take place. No vote was taken, and
evidence seems clear that the conferees did not reach agreement over the
entire package. 123 Henry Jackson and
Morris Udall did make a cursory review and concluded that, following
additional discussion of points raised by Udall, the draft might be
ready for consideration by both houses. At that point, Senator Gravel,
who if nothing else certainly had a flair for the dramatic, brought the
discussions to an end by announcing that the compromise access provision
which permitted but did not mandate transportation corridors was
unsatisfactory. Without mandated access, he said, he could not allow the
bill to be brought before the Senate in the few hours left before
adjournment. With any hope for a compromise gone, the conferees agreed
to present a hurriedly-drawn provision extending the d-2 protection for
another year. The House passed the resolution, but when it came before
the Senate early Sunday morning (5:30 A.M.) as a rider to the Oregon
Omnibus Wilderness Bill Senator Gravel killed that too with the threat
of a filibuster. 124
Senator Gravel blamed Morris Udall, John Seiberling,
and the conservationists for forcing him to act as he did. He had killed
the bill and d-2 extension-provision only after it became clear, he
said, that they considered the bill only the "first step in a continuing
effort for more reservations in Alaska." "They don't want just this," he
said, "they want all of Alaska." 125
Nevertheless, he had cast himself as the villain, and
most everyone was more than willing to blame him for the demise of H.R.
39. The truth is, however, he unknowingly did others a favor. As
negotiations progressed during the "ad hoc" conference, supporters of a
stronger bill grew more and more apprehensive. Secretary Andrus was
certainly concerned when it became apparent that the negotiations were
going below what he considered his "bottom line," although he indicated
that he would not be the one "to pull the plug." House staff hoped, as
well, that Representatives Udall and Seiberling would "pull up their
tents and silently steal away." The Alaska Coalition had played no
direct role in the negotiations, but had watched with growing dismay the
developments, and had given Morris Udall a list of their demands which
he indicated he would present on Saturday morningdemands which would
have undoubtedly been difficult for Senators Stevens and Gravel to
accept. Whether or not Representative Udall or someone else would have
killed the bill, or whether they would have felt compelled to accept the
compromise at that point is, of course, impossible to determine. It may
well have been that in the intensity of the time the process of passing
a bill became more important to the participants than the substance of
the bill itself. Whatever the case, Mike Gravel killed it. But, said
Chuck Clusen, chairman of the Alaska Coalition, "we were not unhappy."
126
Killing the staff "ad hoc" draft was one thing.
Refusing to accept an extension of the d-2 protection was something
else. Ironically, by doing that, Senator Gravel actually may have
guaranteed passage of an Alaska Lands bill, or at least set in motion a
chain of events that would be a major step in that direction.
For whatever reason he acted, Senator Gravel ignored
Cecil B. Andrus' oft-stated determination to use whatever administrative
means available to protect the 17(d)(2) lands in the face of
Congressional inaction before December 18, 1978. 127 All 17(d)(2) lands, it will be recalled
had been withdrawn simultaneously under Section 17(d)(1) of ANCSA, and
would remain under that protection indefinitely. Nagging questions
existed, however, as to whether this fully precluded the entry and
location of minerals, or state selection of lands contemplated in the
proposed legislation. The Park Service had taken the first steps to
secure additional protection in the event legislation did not pass as
early as July 2, 1978, when it began to draft national monument
proclamations for proposed NPS areas delineated in Secretary Andrus'
September 15, 1977 recommendations regarding H. R. 39. 128 Throughout the summer, and into the
fall, both Interior and Agriculture Departments, at the request of the
White House, conducted a through-going analysis of the effect that
expiration of the 17(d)(2) provision would have on the proposed lands,
and a review of the administrative options available to extend
additional protection until enactment of the necessary legislation. 129
As part of its on-going review process, the Interior
Department assembled a special forty-two-member task force to prepare a
supplement to the twenty-eight environmental impact statements prepared
in 1974 to accompany Secretary Morton's legislative recommendation. 130 The group began its work, which involved
an evaluation of environmental impacts on areas whose boundaries were a
composite of maximum boundaries in the House-passed bill of May 19,
1978, the bill reported by the Senate Energy Committee, and Secretary
Andrus's recommendations of September 15, 1977. The department released
the draft for comment on October 25, shortly after Congress failed to
act on the bill. On November 28, 1978, following a twenty-five day
review period, the Department issued a final report. 131
The Interior Department's analysis indicated that
several existing authorities, or a combination of them, were available
for use by the executive branch to provide additional protection for the
national Interest lands. The President could establish national
monuments under the Antiquities Act, a course recommended by the
National Park Service. 132 The Federal
Lands Policy and Management Act of 1976 (FLPMA) provided the Secretary
of the Interior with emergency authority to segregate and withdraw
public lands from mineral entry, mineral leasing, and state selection
for as long as two years (Section 204(e)). Finally, Section 22 (e) of
ANCSA gave the Secretary of the Interior authority to withdraw public
lands in Alaska to replace acreage selected by Native villages from
existing refuges. 133
There is no doubt that the Carter administration
intended to take steps to protect the national interest lands should
Congress fail to act before expiration of the d-2 provision, and that it
enjoyed considerable support in that decision. 134 On July 18, and again on November 9,
1978, the National Park Service recommended that, in so far as proposed
national parks were concerned, the areas be designated national
monuments under authority of the Antiquities Act. 135 There is some evidence to suggest,
however, that the administration did not intend to go that far, but
rather would have segregated all areas under Section 204(e) of FLPMA,
and designated a small number of monuments by way of illustration. 136
The state of Alaska, ironically, forced the
administration's hand, and determined in part the direction the Carter
Administration would take. On November 14, 1978, in violation of what
Secretary Andrus regarded as an oral agreement to restrict any state
selections to lands outside the proposed conservation areas, state
officials filed for selection of some 41,000,000 acres of land. Included
were over 9,500,000 acres within proposed conservation areas (3,970,000
in national park areas and over 5,000,000 in proposed refuges). 137 Two days later, citing the need to
protect the "integrity of Alaska lands," Secretary Andrus withdrew
110,750,000 acres of land under Section 204(e) of the Federal Land
Policy and Management Act. 138
On December 1, 1978, President Jimmy Carter, in the
most sweeping application of the Antiquities Act in history, designated
seventeen national monuments in Alaska that totaled approximately
56,000,000 acres. Two areasBecharof (1,200,000 acres) and Yukon
Flats (10,600,000 acres)would be managed by the FWS, while the
Forest Service would manage Misty Fjords (2,200,000 acres) and Admiralty
Island(1,100,000 acres). The 41,000,000 acres to be managed by the NPS
would nearly triple the size of the National Park System:
Aniakchak | 350,000 |
Bering Land Bridge | 2,600,000 |
Cape Krusenstern | 560,000 |
Denali (enlargement) | 3,890,000 |
Gates of the Arctic | 8,220,000 |
Glacier Bay (enlargement) | 550,000 |
Katmai (enlargement) | 1,370,000 |
Kenai Fjords | 570,000 |
Kobuk Valley | 1,710,000 |
Lake Clark | 2,500,000 |
Noatak | 5,800,000 |
Wrangell-St. Elias | 10,950,000 |
Yukon-Charley | 1,690,000 |
139 |
On November 17, additionally, Agriculture Secretary
Bergland requested that Secretary Andrus withdraw all potential
wilderness and wilderness study areas in Southeast Alaska (11,000,000
acres) under section 204(l) of FLPMA, an action that automatically
segregated those lands from operation of the public land laws. Secretary
Andrus directed Interior Department agencies, additionally, to prepare
support material for possible application of a section 204(c) withdrawal
on all lands withdrawn under section 204(e), but not included in the
monument proclamations. The latter included some 40,000,000 acres in
wildlife refuges and 4,000,000 in potential park areas (lower Noatak
Valley, northeast corner of the Wrangell-Saint Elias, west portion of
Lake Clark, and eastern portion of Aniakchak). Thus, the Carter
administration had used its authority to protect virtually every acre of
land under consideration by Congress. 140
President Carter emphasized that his action had been
made necessary by Congress failure to act before expiration of 17(d)(2),
and was taken in anticipation that Congress would do so in the near
future. That disclaimer, however, did not prevent a firestorm of protest
in Alaska. State officials had already gone to court in an unsuccessful
effort to prevent the Carter administration from exercising its
withdrawal authorities. Senator Stevens had included an amendment in the
Senate's Interior Department appropriation bill forbidding use of
appropriated funds from implementing section 603 of FLPMA. He
introduced, and later withdrew, an amendment that would have prevented
use of the Antiquities Act to withdraw the d-2 lands. He and Senator
Gravel would offer legislation to that effect the following year. 141
Some Alaskans, the editors of the Anchorage Daily
News, for example, took a more moderate stance and sought to remind
Alaskans of the role that Senator Gravel had played in the whole affair.
State legislators, on the other hand, debated, and finally rejected a
plan to fund legal assistance for people charged with violating
regulations in the new monuments. Citizens in Fairbanks burned President
Carter in effigy and people living near Denali National Monument
endeavored to engage in civil disobedience in the "Great Denali
Trespass." 142 The city council of Eagle,
a small village on the Yukon River near Yukon-Charley Rivers National
Monument, passed a resolution stating:
We do not intend to obey the directives and
regulations of the National Park Service. The city council of the City
of Eagle Alaska does not advocate violence, but we can be no more
responsible for the actions of an individual citizen than we can be for
any animal when it is cornered. The policy of the Eagle City Council
shall be to offer no aid or assistance to the National Park Service or
its employees while your current regulations are in effect. 143
In preparation for a January 1979 visit by John Cook,
the newly appointed director of the NPS's Alaska Area Office, Eagle
residents plastered the village with signs warning:
NATIONAL PARK SERVICE EMPLOYEES and anyone else
advocating a dictatorship (including those locally who support National
Park Service activities under the Antiquities Act) ARE NOT WELCOME HERE!
144
Interior department officials anticipated, all along,
a strong reaction in Alaska to the national monument designations and
other withdrawals. 145 A particular
problem proved to be a lack of information, or, in some cases,
misinformation about national monuments, their boundaries, and the uses
allowed. 146 Interior Department
officials recognized the urgency of this situation, and began preparing
management regulations for the new monuments almost immediately after
the President acted. 147 By June 28,
1979, following extensive review within the Department, as well as
outside, the Interior Department published proposed regulations for the
national monuments. These proposed regulations attempted to reconcile
conditions in Alaska with policies that guided managers in the "Lower
48," permitting traditional subsistence activities (but not sport
hunting), the use of aircraft, and carrying of firearms in the national
monuments. 148
H. Legislative Progress,
1979-1980
Looking ahead to the ninety-sixth congress, Senator
Gravel said that he did not foresee passage of "a possible workable
d2 bill in the immediate future; the future is three years." 149 Nevertheless, the Carter
administration's actions had the effect intendedof marshalling
support in Alaska for some sort of legislative solution to the question.
The burden had shifted, and the opponents of H.R. 39 now had to work for
an acceptable bill, one that would not so weaken the protection afforded
by the national monuments as to be perceived by the public as an attack
on the National Park System. 150
At the same time; seventy-five seats in the House of
Representatives had changed hands in the November 1978 election,
resulting in a clearly more conservative body than the previous year.
The opponents of H.R. 39, moreover, were in considerably better position
to exploit this change than they had been before. The Alaska
legislature, for example, had voted an appropriation of $2,500,000 for a
campaign to ensure that its interests were met. 151 The pro-development lobbying group,
Citizens for Management of Alaska Lands, had received additional help in
its lobbying efforts when Exxon Corporation and the National Rifle
Association assigned their regular lobbyists to the d-2 question. 152
The events at the end of the ninety-fifth Congress
had taken its toll on the participants. It was a far more somber Morris
Udall who, along with ninety-one co-sponsors, reintroduced H.R. 39,
stating that "it is regrettable that the House must once again take up
the greatest of land conservation issues in our history." 153 This bill, which Representative Udall
described as a "refinement" of the House-passed bill of the previous
Congress, actually went beyond the earlier bill. The new
versionthe proposed Alaska National Interest Lands Conservation
Act of 1979 reaffirmed the actions taken by the Carter administration,
and deleted many of the political compromises that made House passage of
the previous bill possible. The bill proposed the addition of more than
114,000,000 acres to the four conservation systems (including some
44,000,000 acres to the National Park System), and over 85,000,000 acres
of wilderness, an increase of 20,000,000 over the previous bill. Gone
were the transportation and mineral titles and the grandfather clause
for hunting guides. 154
The Department of the Interior, informed that the
revised H.R. 39 would be used as a mark-up vehicle, decided not to
attempt to revise its earlier proposals, but to put its imprint on the
legislation through amendments to H.R. 39, much as it had done in 1977.
155 Following a review process similar
to that followed in 1977 (although now involving only agencies,
assistant secretaries, Alaska Policy Group, and Secretary) the
department forwarded its recommendations on February 26, the day the
House Interior and Insular Affairs Committee was scheduled to begin
mark-up. 156
Following three days of hearings the 1979 version of
H.R. 39 was revised and offered as a substitute by Representative Lamar
Gudger. During the four days of mark-up meetings that followed, however,
the effect of the 1978 congressional election became evident. The
reconstituted Interior and Insular Affairs committee spurned its
chairman (Morris Udall), defeated the Gudger substitute, and voted, by a
margin of twenty-two to twenty-one, to adopt a second substitute offered
by Representative Jerry Huckaby of Louisiana (H.R. 2199, February 15,
1979). 157
The Huckaby substitute, and a somewhat similar
measure (H.R. 2219, Breaux and Murphy, February 15, 1979) adopted by the
House Committee on Merchant Marine and Fisheries over Representative
Gerry Studds's conservationists-favored substitute, incorporated much
of what had been included in the staff draft of October 13, 1978. 158 Although there were differences, both
can fairly be described as pro-development measures that weakened the
protections already given the conservation areas. In terms of the Park
System, the Merchant Marine substitute (known as Breaux-Dingell)
proposed the addition of 32,390,000 acres, with 20,030,000 in parks and
monuments, and 12,360,000 in preserves. Bering Land Bridge, the Noatak,
and 2,450,000 acres in Wrangell-Saint Elias would have been designated
as wildlife refuges. Representative Huckaby proposed setting aside some
44,000,000 acres for the National Park System, with 20,510,000 acres as
parks and monuments, 21,590,000 acres in preserves, and 2,510,000 acres
as national recreation areas, including one totaling 1,270,000 acres in
the Noatak. Both included a preserve in the center of Gates of the
Arctic and both included provision for a transportation corridor across
the "boot" of that area. The Huckaby bill, in addition, included a "no
more" clause, prohibiting "further studies on withdrawals of federal
lands" unless authorized by a concurrent resolution of Congress. 159
The Alaska Coalition indicated that they preferred no
bill at all to the Huckaby substitute. Congressmen Udall and Seiberling
wrote that if enacted, the Huckaby bill "would represent the largest
raid on the National Parks and Wildlife Refuges in the history of this
country," and indicated that they would vote against it if it reached
the House floor. 160 Udall, along with
Republican Representative John Anderson of Illinois, introduced a
bipartisan bill, H.R. 3651, to be introduced as a substitute when the
full House took up the question. 161
When the House took up the question on May 15 both
sides were confident of victory, and had marshalled their forces for
what they hoped to be the final chapter on the issue. 162 For a time, as the House took up debate,
it seemed that the larger issue of the division of Alaska's public lands
would be lost to the question of gun control. The National Rifle
Association, acting in concert with other opponents of the
Udall-Anderson substitute, had launched a last-ditch, intensive effort
to derail the proposal by calling it a gun-control measure that would
have a negative effect on hunting everywhere in the United States. 163 It took an opponent of gun control and
one of the Alaska Coalition's "doubtful" votes, Representative Pat
Williams of Montana, to defuse the issue, which he did when he took the
floor to accuse the NRA of misrepresentation in its contention that the
Udall-Anderson bill could be construed as a gun-control measure. 164
Actually supporters of Udall-Anderson had already won
a crucial vote when the House Rules Committee decided that the full
House would vote first on Udall-Anderson, which would be presented as an
amendment in the nature of a substitute for the Huckaby bill. During the
debate, supporters of the Breaux-Dingell and Huckaby bills merged those
bills in an effort to present a stronger front. When the vote came,
however, the House chose Udall-Anderson over the Breaux-Dingell Huckaby
substitute by a margin that surprised supporters and opponents
alike268-157. Subsequently, the House passed the Udall-Anderson
bill, as amended, by a vote of 360-65. 165
Once again jubilant supporters of H.R. 39 hoped that
the margin of victory on the floor of the house would create a momentum
for a bill that would carry it through the Senate. The Senate Energy
Committee, however, had already indicated that it would reconsider the
bill it reported the previous October, and Senator Henry Jackson had
introduced legislation to that effect. 166 Senator Gravel had indicated he would
continue efforts to prevent consideration of a bill, and attempted,
unsuccessfully, to delay proceedings by trying to convince the committee
to hold additional hearings on the matter in Alaska. 167 Senator Stevens, who had given up his
seat as ranking minority member of the Committee on Commerce, Science,
and Transportation to become a voting member of the Senate Energy
Committee, wrote that "settlement of the d-2 lands is the most important
issue to face Alaska since it became a state," and argued that
legislation along the lines of the staff draft prepared for the "ad hoc"
conference would prevent protracted consideration of the issues. 168
H. R. 39 was referred to the Senate Energy Committee
on May 24. Although Senate Energy Committee had been given an added
incentive to act in the form of Secretary Andrus' directive to Interior
Department agencies to complete necessary documentation required for
potential final, twenty-year withdrawals of land under section 204(c) of
FLPMA, the committee seemed in no hurry, and did not begin work on the
bill until October 9. It agreed to use Senator Jackson's S. 9 instead of
H.R. 39 as the mark-up vehicle. 169
The Senate Energy Committee held twelve mark-up
sessions, during which Senator Stevens dominated proceedings, much as he
had the year before. On October 30, with freshman Senator Paul Tsongas
of Massachusetts casting the lone dissenting vote, the committee
reported a bill similar to that deemed unacceptable by supporters of the
House passed version the previous year. 170
Both the Interior Department and conservationists
began work immediately on amendments designed to strengthen the bill
when it reached the floor of the Senate. 171 At the urging of the Alaska Coalition,
Senators Tsongas and William Roth of Delaware attempted to employ the
strategy Morris Udall had used in the House of Representatives by
introducing an amendment in the nature of a substitute for the Energy
Committee bill. Although similar in most respects to the House-passed
bill, the Tsongas-Roth substitute did include a number of items that
were present in the Senate Energy version, but not in the House bill.
The substitute provided, for example, for the continuation of commercial
fishing at Cape Krusenstern National Monument, access across
conservation units to private holdings within, or "effectively
surrounded by those units," revocation of the 1978 national monument and
FLPMA withdrawals, and facilitation of U.S. Borax operations in Misty
Fjords National Monument. 172
Senator Gravel once again had threatened to prevent
consideration of the Energy Committee's proposal. Introduction of the
Tsongas-Roth substitute convinced Majority Leader Robert Byrd to
postpone debate until early in the next year. Resolution of the issue
had been postponed once again, when only months earlier it had seemed
the battle might be over.
The weary group that returned to Washington in
January 1980 had hoped for a quick end to this seemingly endless
legislative process. But their hopes were soon dashed when Senators
Tsongas and Durkin, in return for a limit on the number of amendments to
be allowed and debate on the bill, agreed to postpone consideration by
the Senate until after the Republican presidential convention recess on
July 21. 173
Secretary Andrus had done his best to nudge the
Senate into action by indicating that he would use his authority to
permanently withdraw some 40,000,000 acres that had been temporarily
protected under section 204(e) of FLPMA since 1978. On February 11,
1980, he acted to withdraw 40,120,000 acres of land under section 204(c)
of FLPMA, saying that, "I'm glad the Senate is finally looking to
scheduling the bill, but I am very concerned that the lateness of that
date will lead to a stalemate in the closing days of the 96th Congress
just as happened to its predecessor in 1978." 174 Included were 36,910,000 acres in
wildlife refuges, and 3,210,000 acres in "natural resource
areas"Aniakchak (160,000), Lake Clark (1,150,000), Noatak (660,000),
and Wrangell-Saint Elias (1,240,000). The latter were proposed NPS areas
included within the composite boundaries withdrawn under section 204(e)
of FLPMA, but were not in the national monuments. 175 They would be managed by the Bureau of
Land Management, with the assistance of the National Park Service. 176
The delay forged on February 7 gave both sides time
to mount one last public relations campaign, and let the Senators
prepare the amendments allowed under that agreement (Jackson, Gravel,
and Stevens, three each, and Tsongas, five). 177 On July 21, 1980, finally, the full
Senate took up consideration of the Alaska national interest lands with
consideration of the first of five strengthening amendments, this one a
wildlife refuge amendment sponsored by Senator Gary Hart of Colorado and
four co-sponsors. 178 Despite efforts by
Senator Gravel to delay action through parliamentary devices, the
strength of support for a strong d-2 bill became obvious in votes of
64-30, 66-30, and 62-33 against stalling or weakening the Hart
amendment. 179
For the participants, however, the legislative
progress of the Alaska lands bill must have been akin to riding a
roller-coaster. Once again, their hopes were dashed just when victory
seemed so certain. Senator Stevens, recognizing that he was almost
certain to lose, prevented a vote on the Hart and other amendments by
introducing the first of eighteen secondary amendments. In so doing, the
Alaska senator, who was under increasing pressure to block consideration
of the bill altogether, forced Majority Leader Byrd to take the bill off
the floor. He also set in motion a series of meetings between key
senators and their staffs, from which Amendment No. 1961, a substitute
for the Senate Energy Committee bill, would emerge. 180
On August 18, following a vote (63-25) to end Senator
Gravel's filibuster, the Senate voted 72-16 to accept Amendment 1961 as
a substitute. The next day, in what was almost an anti-climatic end, the
Senate passed the Alaska National Interest Lands Conservation Act of
1980 by a vote of 78-14. 181
Both Senators Stevens and Jackson warned that they
would accept no changes to the Senate bill by the House of
Representatives. 182 Despite their
public "take it or leave it" position, efforts to reach a compromise
between the House- and Senate-passed versions of H.R. 39 commenced
almost immediately, and lasted through September. 183 But neither side seemed willing to
compromise substantive issues, and by October 2, negotiations had broken
down. Representative Udall, along with Tom Evans, Lud Ashley, John
Seiberling, and Philip Burton introduced HR 8311, which Representative
Udall described as a "blueprint for final compromise." Representative
Udall had devised an ingenious, if somewhat complicated "two-bill
strategy" for HR 8311 , that did not reject the Senate substitute, but
rather, would amend the Senate bill once it was signed into law. 184
Hopes of strengthening the Senate-passed H. R. 39
came to an end, however, with the 1980 elections which would bring into
office an administration that had expressed an opposition to the bill
and give the Republican party control of the Senate. On November 12 a
crest-fallen Morris Udall, indicating "that neither I nor those who
support me consider this legislation to be a great victory for the
cause," asked the House of Representatives to give its approval to the
Senate bill. The nine-year-old battle over Alaska's National Interest
lands ended that day by a desultory voice vote. 185 On December 2, President Jimmy Carter,
saying that "never before have we seized the opportunity to preserve so
much of America's natural and cultural heritage," signed into law the
Alaska National Interest Lands Conservation Act of 1980. 186
I. Alaska National Interest Lands
Conservation Act of 1980
Although those who had been involved in the struggle
for so many years sighed in relief that it was finally over, few were
really happy with the way things turned out. Both Ted Stevens and Don
Young decried the amount of land set aside in the conservation systems
and the resources "locked up" there. Conservationists, who had come so
close in August, were sorely disappointed with the failure to include a
considerable portion of the proposed wilderness areas of Southeast (West
Chichagof, Duncan Canal, Karta, Rocky Flats, and Yakatak Forelands),
deletion of significant wildlife habitat in the Copper River Delta and
National Petroleum Reserve-Alaska (proposed Teshekpuk-Utukok National
Wildlife Refuge); the removal of 149,000 acres of wilderness in Misty
Fjords National Monument to allow U.S. Borax to go forward with mining
there; the $40,000,000 annual subsidy and guarantees of an annual cut
for timber interests in Tongass National Forest; and mandated oil and
gas exploration on the sensitive coastal plain of the Arctic Wildlife
Range. Everyone recognized all along that accommodations must be made.
Yet the departures from wilderness policythe lack of statutory
protection from mechanized access in wilderness areas, for
exampledisturbed a good many people. The proposed national
recreation areas at Gates of the Arctic, Wrangell-Saint Elias, and
Noatak had been dropped, but many believed that the balance between
parks, monuments and preserves had shifted too far in the direction of
the latter, which provided less protection. The law mandated a
transportation corridor across the "boot" at Gates of the Arctic from
the haul road to Ambler mining district. Provisions protecting customary
uses on conservation landsaccess, cabins, subsistenceall
seemed to hold the promise of future difficulties for managers from all
agencies who were given too few, unclear, or contradictory directions
for dealing with them. 187
Partially as a result of the extended legislative
process, and partially as a result of the failure to hold a conference
to iron out differences between versions of the bill and perfect
language, the Alaska National Interest Lands Conservation Act is flawed
in a number of ways. It is a complex, often vague, and sometimes
contradictory act. There was (and there is today), however, too often a
tendency to dwell on the problems of ANILCA and overlook what had been
accomplished. The act was a milestone in the history of conservation in
America. Never before, and surely never again, would lands be preserved
on so vast a scale.
The bill provided for the protection of critical
wildlife habitat through the addition of 53,720,000 acres to the
National Wildlife Refuge system (nine new areas and six additions to
seventeen existing ones). Segments of twenty-five free-flowing rivers
were added to the Wild and Scenic Rivers System, with portions of twelve
others designated for study as potential additions. The Forest Service
would manage two national monumentsAdmiralty Island and Misty
Fjords, as well as additions to Chugach and Tongass national forests.
More than two million acres were taken out of proposed Yukon Flats
National Wildlife Refuge to be managed by BLM as multiple use areas
(Steese National Conservation Area and White Mountains National
Recreation Area). Although falling short of expectations, some
56,400,000 acres were added to the National Wilderness Preservation
System. 188 ANILCA extended, finally,
National Park System protection to ten new areas and additions to three
existing ones that totalled 43,600,000 acres of land. As described by
Representative Morris Udall, the Alaska parks would
offer the full range of nature and history in Alaska,
mighty land forms and entire ecosystems of naturally occurring geologic
and geomorphic processes, intricate water forms and spectacular
shorelines, majestic peaks and gentle valleys, diverse plant communities
and equally diverse fish and wildlife:
Aniakchak National Monument | 138,000 |
Aniakchak National Preserve | 376,000 |
Bering Land Bridge National Preserve | 2,457,000 |
Cape Krustenstern National Monument | 560,000 |
Gates of the Arctic National Park | 7,052,000 |
Gates of the Arctic National Preserve | 900,000 |
Kenai Fjords National Park | 570,000 |
Kobuk Valley National Park | 1,710,000 |
Lake Clark National Park | 2,439,000 |
Lake Clark National Preserve | 1,214,000 |
Noatak National Preserve | 6,460,000 |
Wrangell-Saint Elias National Park | 8,147,000 |
Wrangell-Saint Elias National Preserve | 4,171,000 |
Yukon-Charley Rivers National Preserve | 1,713,000 |
Glacier Bay National Park additions | 523,000 |
Glacier Bay National Preserve | 57,000 |
Katmai National Park additions | 1,037,000 |
Katmai National Preserve | 308,000 |
Denali (Mount McKinley) National Park additions | 2,426,000 |
Denali National Preserve | 1,330,000 |
189 |
In an interesting sidelight, virtually all the new
lands included in the National Park System under ANILCA, had been
identified as parklands, or "Areas of Ecological Concern" in 1973.
Congressman Clausen of California said that the
passage of ANILCA "will end uncertainty regarding land status which
plagued Alaska for the last 9 years." 190 Actually the Alaska National Interest
Lands Conservation Act was as much a beginning as it was an end.
Representative Don Young, seconded by Senator Stevens, indicated that he
would be back to attempt to open up more land to additional uses the
next session of Congress. 191 Similarly,
both Representatives Seiberling and Udall promised to work to amend the
act to include the stronger provisions that had been in the bill that
passed the House of Representatives in May 1979.
Ginny Wood, a thirty-year resident of Alaska, and one
of its leading conservationists, testified before the House subcommittee
on General Oversight and Alaska Lands that "Ironically, I know that
after a D-2 bill is passed I will then be fighting to protect the D-2
lands from other development and other management by the very agencies
instructed to protect them - The National Park Service, the Bureau of
Land Management, and Forest Service." 192 While not all might agree with her
assessment of the management approaches of the several federal agencies,
and while she did not recognize the role of the Department of the
Interior in decision-making in Alaska, she was correct in the emphasis
she placed on future management of the conservation areas. The Alaska
National Interest Lands Conservation Act extended systems protection to
vast amounts of land. Complex as the 186-page act may be, however, the
manner in which responsible federal agencies implemented it would
determine in large part the future of the Alaska national interest
lands.
Chapter Five: The National Park Service in Alaska, 1973-1980
The National Park Service had worked since the 1950s
to overcome past deficiencies in administration of the national parks
and monuments in Alaska. Particularly during the last half of the 1960s,
it made considerable progress toward that end. Between 1971 and 1973
that goal had been overshadowed by the massive effort required to meet
the congressionally mandated deadlines in section 17(d)(2) of ANCSA. In
February 1974, following submission of Secretary Morton's proposal,
Keith Trexler, assistant project leader of the Service's Alaska Task
Force, proposed establishment of an NPS office in Alaska with major
responsibility for carrying out programs relating to ANCSA. The
objectives of such an office, he said, would be to work to assure
passage of legislation establishing the eleven proposed areas, and to
provide guidelines and expertise for management of those areas. 1 The Service did not establish such an
office. But as it continued to work for passage of an Alaska Lands Bill
it developed the information base that would be necessary for managing
the areas when established. The continuing effort in Alaska resulted in
changes in the NPS Alaska organization, and brought about a
re-evaluation of its approach to management of the Alaska parklands.
A. Organizational Developments, 1974-1979
The Park Service, despite personnel and budget
restrictions, had been able to respond to near-impossible deadlines by
using the task force organization Director Hartzog had devised in the
spring of 1972. The work accomplished in 1972 and 1973, however, proved
to be only preliminary to what was to come. After the last of the
thirty-three people who had been detailed during those years returned
home, only a skeleton staff remained to accomplish a program that
included, among other things, continual updating and revision of the
legislative support data; revision of the 1973 master plans in response
to greater knowledge of the various areas; managing a burgeoning Native
assistance program; monitoring a substantial number of research
contracts; addressing a variety of complicated issues such as
subsistence, minerals, and access; and coordinating an ambitious program
to educate the public both in Alaska and in the "Lower 48" on the Park
Service's program for Alaska. 2
Frustrated with his inability to convince the
Washington office to provide additional help to meet the new demands, Al
Henson questioned whether the NPS directorate fully grasped the enormity
of Alaska, or the opportunity offered the Park Service there. It is true
the Service had experienced something of a let-down once the Morton
proposals went forward in 1973. But it had already begun work in
developing short and long-range goals for Alaska. By fall 1974 NPS
Director Ron Walker indicated that in response to a July 9 memo from
Assistant Secretary Reed, the Service had begun to re-examine the
organizational structure established to achieve those goals. 3
In response to these concerns, the newly appointed
NPS Director Gary Everhardt announced on May 6, 1975, that he had
decided to substantially increase the size of the Alaska Task Force by
the addition of ten full-time professional positions in FY '75 and '76.
Most of these professionals would be recruited from the Service's
central planning office in Denver. Each of these "keymen," as they were
called, would be responsible for one or more of the proposed areas, and
would have, additionally, a broader responsibility. Bill Brown, for
example, who had left his position as regional historian in the
Southwest Region, would serve as leader of a planning team at the
proposed Yukon-Charley National Rivers. He also served as task force
historian with responsibility for developing historical themes for all
new proposals, initiating critical thematic and historical site studies,
and assisting the Alaska area director in the historical program at
existing areas. Don Follows who came to Alaska from the Denver Service
Center, was keyman for Harding Icefield-Kenai Fjords, with additional
responsibility for developing a conceptual interpretive plan that
addressed all eleven proposals. Stell Newman, who was also recruited
from the Denver Service Center as keyman for Chukchi-Imuruk and Kobuk
Valley, also served as task force anthropologist with state-wide
responsibilities. In this capacity Newman took the lead in developing a
cultural resource management program that would, in concert with the
State Historical Preservation Officer and Advisory Council on Historic
Preservation, insure both protection of unique cultural resources and a
smooth flow of compliance for planning and management of the new areas.
Along with Bob Belous, who took over as keyman for Cape Krusenstern and
Kobuk Valley, Newman would be primarily responsible for developing the
Service's draft subsistence policy. These keymen would "ground truth"
the data and planning concepts advanced in 1972 and 1973. They would not
only provide a continuity in the planning process, but would also
perform a vital public information function by their very presence. It
was generally assumed that selected keymen would eventually form the
nucleus of a professional services office in an Alaska Regional Office
with others serving as first managers when the new parklands were
authorized. 4
By late summer 1975, a revived Alaska Task Force
consisted of fifteen professionals, additional support staff and
seasonal appointees, some of whom assisted the keymen in the field, and
others who fulfilled various functions in the Task Force office. Al
Henson continued as task force leader. Keith Trexler, one of the
original members of the Task Force, had assumed the duties of management
assistant. Bailey Breedlove, who had been with the Service's Alaska
office since 1966, was special assistant to Henson. Along with the nine
keymen was an engineer (Ed Stondall) with responsibility for
engineering, transportation, and preparing cost estimates. Bob Belous, a
former journalist who had joined the task force as a photographer in
1972, served as public programs and liaison officer, and Roy Sanborn
functioned primarily as liaison with the Bureau of Land Management, the
agency responsible for interim management of the d-2 lands. In addition,
the Task Force maintained a close relationship with the Service's
Cooperative Park Studies Unit at the University of Alaska in Fairbanks.
5
Increasing the size of the Alaska Task Force allowed
the Service to carry out an ambitious program associated with the
planning for the proposed national park units in Alaska. It did not,
however, address questions that had been raised regarding the
organization of the Service's Alaska efforts, or the growing friction
between the NPS offices involved in Alaska. The task force approach
devised by George Hartzog in spring 1972 was not new, and it seemed
especially well-suited to meet the Service's needs in implementing
section 17(d)(2) of ANCSA. It allowed both flexibility of approach and
the rapid decision-making required to meet mandated deadlines. 6
But it was not without problems. A number of people
in the Service had serious concerns regarding an organization that
operated largely outside the traditional lines of authority, fearing
that the reporting relationship between the Alaska Task Force and Alaska
Planning Group would serve to weaken the Service's control over
decision-making, transferring it upward into the Department of the
Interior. Pacific Northwest Regional Director John Rutter expressed
concern that his office had not been effectively or adequately utilized.
Despite an effort to separate functions of the Alaska Task Force, the
Pacific Northwest Regional Office, and the Alaska State Office, the
functions often overlapped. Because the task force would be working
closely with Natives, for example, the Service's Washington office
ordered the Pacific Northwest Regional office to suspend the on-going
Alaska cultural complex study, over the strong protest of Regional
Director Rutter. In 1974 Al Henson warned that a recent memorandum
outlining Regional Director Rutter's thinking on a possible compromise
position on prospecting and mining within the proposed Alaska parks
could be used to weaken the position outlined in Secretary Morton's 1973
legislative proposals. By October 1974 Regional Director Rutter had
become concerned regarding rumors that a separate Alaska Regional Office
would be established. Writing that he was "very proud of progress in
Alaska in the last four years," Rutter advised against establishment of
a separate regional office and pointed out that "I doubt that the
Pacific Northwest Region could be justified without the Alaska areas."
7
Differences were not, however, merely territorial and
organizational. Basic philosophical differences regarding the very
nature of the National Park System as well as the Service's approach to
ANCSA mandates existed. Regional Director Rutter questioned the wisdom
of attempting to acquire so many and such large new areas in Alaska or
spending large sums of money to study them when personnel restrictions
and budget cutbacks hampered the Service's ability to protect
established areas elsewhere. He expressed concern, too, that acquisition
of those areas would create public relations problems in Alaska that
could render effective future management well nigh impossible. Rutter,
an NPS veteran with more than thirty years' service, was, moreover,
among those in the Service who believed that national parks should be
developed for the enjoyment and comfort of the people who visited them,
and was uncomfortable with the concept of preservation of wilderness for
its own sake. The proposed Alaska areas were, in most cases, not easily
accessible, nor would they lend themselves easily to development
designed to attract large numbers of people. 8
In addition, several of the proposed areas simply did
not conform to what many believed a national park should be. From
Franklin K. Lane's charge to Stephen Mather in 1922 that in studying new
park projects one should seek to find "scenery of supreme and
distinctive quality as some natural feature so extraordinary or unique
as to be of national importance," many NPS employees had viewed national
parks primarily as areas possessing outstanding scenic values. 9 They were especially disturbed over the
proposals to include in the National Park System such areas as Noatak
and Chukchi-Imuruk, where the scenery might not be as awe-inspiring as
it is elsewhere. Those involved in ANCSA implementation, generally, and
they enjoyed considerable support throughout the Service, advocated a
more recently evolved position expressed in the 1971 NPS publication,
"Criteria for Parklands," and 1972 National Park System Plan, that
the National Park system is rightly the conservator of a wide variety of
landforms and that physiological and ecological representativeness is
the primary criterion for evaluating the addition of natural areas to
the system. To them, the areas possessed other valuestheir very
remoteness, their vast untouched spaces, and their virtual timelessness,
for examplethat were worthy of protection and that met the very
highest standards of the National Park System. To John Kauffmann, the
Noatak had "a scope, a sweep as awesome and as unforgettable as the
desert or Great Plains." To John Rutter, and he was certainly not alone,
the Noatak possessed no special values deserving national park status.
If protection were warranted, said Rutter, it should be accomplished by
other Federal bureaus, such as the Bureau of Sport Fisheries and
Wildlife. 10
By 1975 the Alaska Task Force and Pacific Northwest
Regional office were at loggerheads. Relations between the two were
certainly strained, and communication at an all-time low. 11 To at least one group, conditions by June
1975 were in such a state as to threaten the Service's Alaska effort.
Between June 8 and 21, 1975, the Secretary's Advisory Board on National
Parks, Historic Sites, Buildings, and Monuments traveled to Alaska to
view the existing and proposed park areas. 12 The year before, the Advisory Board had
commended the Service, and in particular Theodor Swem, for carrying out
"what many would regard as an impossible task," and for "the excellent
products that resulted from its surveys, research, and recommendations."
13 On June 28, 1975, after its tour of
Alaska, however, the Advisory Board sent a strongly-worded telegram to
Secretary of the Interior Stanley K. Hathaway asserting that
the administrative structure set up to pursue the
important Presidential and Congressional decrees concerning major
expansion of National Parks in Alaska is hopelessly inadequate. The
Alaska Task Force on National Parks has not done its job, and has become
an ineffective bureaucratic duplication that by-passes the oversight and
control of the Director of the National Park Service. The present
organization of the Task Force under the Assistant Secretary is so
diffuse and unminitored (sp) that without drastic change the desired
Congressional objectives cannot be effectively accomplished.
14???
The board recommended that "planning, implementation
and management of the Alaska Parks be accomplished by the Director with
delegation to the presently structured Northwest Regional Office and the
Alaska state office," and that the Secretary order an audit of Alaska
Task Force budgeting, expenditures, and operations. 15
The Advisory Board's action was really quite
extraordinary, and provoked an angry response from Assistant Secretary
Nathaniel P. Reed, who lectured the board on its role and function. In
retrospect, the charges leveled by the advisory board seem at best to
have been emotional and overdrawn. A comprehensive examination of all
financial transactions of the Task Force by J.L. Norwood, associate
director for administration, found nothing to suggest any wrongdoing on
the part of Task Force members. 16
The Service had considered reorganization in Alaska
for some time. As early as 1974, in fact, Alaska Task Force Project
Leader Al Henson had discussed reorganization with Ted Swem, suggesting
that one way to accomplish the necessarily ambitious program would be to
make the Alaska Task Force part of a Professional Support Division in
the State Office. 17 The Service had not
chosen to change the existing reporting relationships in 1974 but did
indicate that it would monitor the program closely and do so when
warranted. By May 1975 the Alaska Task Force planners had been asked to
comment on a new organizational arrangement that would blend the
operations and planning functions together in a new Alaska Area Office.
In October, Director Gary Everhardt announced, following "long and
careful" consideration, that all NPS functions in Alaska would be
brought together in a new Alaska Area Office. The Alaska Task Force
would be abolished, but its function would continue in a professional
support division in the area office. The next June, as a follow-up to
Director Everhardt's announcement, new Pacific Northwest Regional
Director Russell Dickenson appointed Don Campbell as the regional office
liaison with the Alaska office. Campbell's appointment would, Dickinson
wrote, insure that the Seattle office had a clear source of information
regarding Alaska affairs. 18
Everhardt did not go as far as he might have,
however, and, whatever his personal inclinations, the new organization
indicated an acceptance that the Alaska proposals could not be handled
in the normal way. The new area office director, Bryan Harry, a career
park manager just completing a stint as superintendent of Hawaii
Volcanoes National Park, would report to the Pacific Northwest Regional
Director on all matters concerning the existing park areas and all
programs not related to ANCSA. In regard to activities and programs
relating to the Service's involvement with implementation of ANCSA, he
would report to the Director, through the office of special assistant to
the director for Alaska. In practice, because of the direct involvement
of the Department of the Interior, Harry often reported directly to the
departmental official responsible for the Alaska proposals. 19
In 1975 and into 1976, moreover, the Park Service
re-examined both the organization and role of the Washington office in
ANCSA implementation. By May 1976, as indicated in Chapter Four, Director Everhardt had decided to
increase the involvement of the Office of Legislation, and had begun to
transfer a portion of the activities to that office. The Special
Assistant to the Director for Alaska, now had responsibility for all
program areas relating to Alaska. 20
Many, but certainly not all, expected that the Alaska
Area office would be upgraded to a regional office when and if an Alaska
national interest lands bill were passed. 21 Planning for the establishment of a
Regional office in Alaska had begun as early as 1972. By May 1978, as
part of implementation planning in anticipation of an Alaska lands act,
the Service had begun to investigate more seriously manpower, funding
needs, and organizational arrangements for an Alaska Regional Office.
22 Formal establishment of such an office
would not come for another two years, but in September 1978 NPS Director
Whalen effectively gave the Alaska regional office status. 23 Whalen's action actually depended largely
on the personality and influence of John Cook, whom he had tapped to
succeed Bryan Harry, who had recently transferred to a similar job as
director, Pacific Area Office. Cook, whom Whalen first approached in
September 1978, was a third-generation NPS official, had served as NPS
Associate Director from 1973-77, and was currently Southwest Regional
Director. As a condition of Cook's accepting the position as Alaska Area
Director, Whalen agreed that Cook would report directly to the director
on all matters, would be able to choose his own deputy (Douglas
Warnock), pick his own superintendents, and have "five unencumbered,
undesignated, and ungraded positions," which, in Cook's words, could be
five "go-go dancers" if that was what he wanted. 24 The Alaska Area Office formally became a
regional office by Secretarial Order on December 2, 1980. 25 Between March 1979, when he reported for
duty, and 1980, however, John Cook operated as de facto Alaska
Regional Director. 26
B. NPS Activities in Alaska, 1975-1978
Al Henson originally hoped that the keymen would be
in Alaska in time for a full summer's work in the field in 1975.
Although some did arrive earlier, most did not report for duty until the
end of the field season, and spent the remainder of the summer and early
fall becoming familiar with the Service's proposals, the resources and
problems of the areas, and beginning to develop relationships with the
local residents and officials. 27
The new keymen were a diverse group, both in training
and approach to new area planning. Gerald Wright, for example, was an
ecologist with a strong background in systems analysis. Wright preferred
to apply what he termed a strictly scientific approach to
information-gathering in the Wrangell-Saint Elias proposal, using models
to create "visitor use," and other zones for the area, and leaving the
community relations aspect largely to two particularly capable
seasonals, Richard Gordon and Ben Shaine. By tallying game statistics
for virtually every drainage in the Wrangell-Saint Elias proposal,
Wright was able to compile a body of data that could be used when
Congress tried to identify appropriate hunting and non-hunting areas.
28
Others, Bill Brown and John Kauffmann, for example,
took a more intuitive approach, and sought to physically immerse
themselves in their respective field areas to experience more fully the
areas and appreciate the nature of the place, something they believed
necessary for proper planning. Brown, along with Rich Caulfield and
former Glacier Bay National Monument Superintendent Robert Howe, spent
as much time as possible in the Yukon-Charley proposal and nearby
communities running rivers, inspecting proposed trails and campsites,
taking dog-sled trips, and becoming acquainted with local residents and
absorbing their experiences to "ground-truth" the earlier master plan
for Yukon Charley. As Brown explained his approach:
We rented a cabin, we cut our own wood, and we spent
time up there when it's cold and dark. We knew that we could not gain
understanding or respect if we were simply fair-weather bureaucrats. We
suspected, too, that we had to have time, in this cultural milieu, to
get past public-meetings posing and sit down with individuals around an
oil-drum wood stove and talk and argue and lay our shared values on the
line with these people . . . then coming back for more and being
accountable this time for what we said last time. 29
Kauffmann, who had been responsible for the Gates of
the Arctic proposal since 1972, took every opportunity to visit the
area, hoping, in the end, to have been on the ground in virtually every
part of the proposal. In setting goals for 1976, for example, Kauffman
hoped to complete a two-week dogsled trip to Anaktuvuk Pass and Gates of
the Arctic (April); confer with local people in Bettles, Alatna Valley,
Kobuk, and Shungnak (April); complete field reconnaissance of Cockedhat
Mountain and Oolah Pass areas (July), Shungnak and Kogoluktuk drainages
and other western portions of the proposal (August), Kurupa Lake region
(August 20); inspect all development sites and privately-owned
structures in the proposal (July); and study of the Middle fork of the
Koyukuk River in conjunction with the Bureau of Outdoor Recreation. 30
Stell Newman, keyman at Bering Land Bridge (formerly
Chukchi-Imuruk), certainly had a unique job. Not only did he have the
responsibility of learning as much as possible about a remote area on
the Bering Strait, but had to become the NPS expert on reindeer
herdingan important subsistence activity in the area. For several
years Newman attended meetings of the Reindeer Herders Association,
spent time with the herders as they patrolled their herds, took part in
summer round-ups when antlers are cut to sell as medicinal products in
the Orient, and lived with herders in an isolated camp to participate in
a mid-winter butchering operation. 31
Whatever differences they might have had regarding
new area planning, the keyman all recognized the need for additional
hard data on the individual areas. An important part of the Park
Service's Alaska program, as indicated earlier, was the accumulation of
basic data for planning, legislative support, and use by future
managers. The magnitude and variety of research carried out, or
sponsored by the Park Service, in Alaska during the d-2 period was
unprecedented in the Service's history. In its fifty-odd years in Alaska
prior to ANCSA, the Park Service had produced some forty-four reports on
Alaska. 32 Between 1972 and 1978, 176
research reports on the proposed areas had been completed and another 61
were underway:
Type of Study |
|
Anthropology | 15 |
| History | 17 |
Archeology | 29 |
| Hydrology | 3 |
Botany | 18 |
| Limnology | 3 |
Climate | 1 |
| Recreation | 1 |
Ecology | 21 |
| Sociology | 4 |
Economics | 2 |
| Soils | 2 |
Fisheries | 1 |
| Wildlife Management | 7 |
Geology | 6 |
| Zoology | 46 |
33 |
The research resulted in a considerable number of
ground-breaking studies, including such wide-ranging subjects as Melody
Webb Grauman's study of the Kennecott mines in Wrangell Saint Elias and
Yukon Fronter: Historic Resource Study of the Proposed Yukon-Charley
National Rivers, Robert B. Forbes' study of the geology of the Maar
craters at Chukchi-Imuruk [Bering Land Bridge], to the
multi-disciplinary resource study of the Noatak by the Center for
Northern Studies at Wolcott, Vermont. The latter was carried out in FY
'73 and FY '74 at the cost of $131,000. The study team was in the field
for months studying botany, mammalogy, orthinology, entomology,
limnology, and archeology in an area that had been visited by no more
than a handful of scientists in the previous century. 34
The Service's Alaska Task Force planners tried to be
alert to almost every opportunity to increase their knowledge about
Alaska, and sought, in the words of John Kauffmann, "to use other
trained eyes and ears and willing legs as well as our own." When Ray and
Barbara Bane, school-teachers and long-time residents of the Alaska
bush, made a 1,400-mile dogsled trip from their home in Hughes to
Kotzebue and on to Barrow, Zorro Bradley and Bob Belous arranged for
photographs and a description of their trip. They met the couple several
places along the way to record their impressions of the land through
which they had traveled, and of the lives of the people who lived there.
35
Other agencies and organizations also conducted
research, although not, apparently, on the scale of the Park Service's
efforts. The Park Service did participate in a number of cooperative
ventures. It joined, for example, the United States Geological Survey in
mapping the geology of Glacier Bay National Monument and the Alaska Fish
and Game Department in studying resource problems at Wrangell-Saint
Elias, Kobuk Valley, Mount McKinley and Katmai. A jointly-sponsored
NPS-FWS study examined reindeer herding on the Seward Peninsula, and in
1974, Will Troyer, a Fish and Wildlife Service biologist who later
joined the Park Service, completed NPS-financed studies of bald eagle
nesting and brown bear denning in the Katmai area. In 1976 the Park
Service and the National Geographic Society agreed to co-sponsor a
three-year $300,000 project designed to "locate archeological sites
which will provide specific knowledge about movement of peoples from
Siberia across Bering 'Land Bridge.' " 36
From the very beginning, both as a result of
congressional direction as well as by the personal inclination of those
involved in the Park Service's Alaska effort, it was clear that the
question of subsistence on the d-2 areas would be one that must be
addressed. But, no hard data on subsistence existed and without it no
coherent policy could be formulated. Because of this deficiency, an
important aspect of the Park Service's research program in Alaska during
the d-2 period would be a detailed examination of subsistence within or
near each of the proposed areas. The subsistence studies would make
significant contribution not only to the knowledge of Native and
non-Native subsistence practices, land values, and lifestyles, but also
to a more general understanding of Alaskan archeology, history, and
anthropology. 37
Detailed research on subsistence commenced in 1974
with a cooperative (NPS and NANA) study of subsistence patterns in the
Kobuk Valley. Published as Kuuvanmuit Subsistence, Traditional Eskimo
Life in the Latter Twentieth Century, this landmark study of Eskimo
life would serve as a model for subsistence studies in other areas. In
the following year (1976) Merry Allyn Tuten began work on a NPS-financed
study of subsistence at Aniakchak; Richard Caulfield, who had worked
with Bill Brown at Yukon-Charley, was assigned a similar study in that
area and spent six months in the field during the next two years; and
Ray Bane moved from the Kobuk study to begin, with Richard K. Nelson and
Kathleen Mautner, an analysis of subsistence on the Koyukuk River. In
1976 the Service contracted with the University of Alaska to conduct
subsistence research on the remaining proposed parklands. The
university's work began in the fall 1976 under the direction of Richard
K. Nelson. By the spring of 1977, considerable information on
subsistence in all areas was available for use when Interior Department
officials testified at hearings before the House Subcommittee on General
Oversight and Alaska Lands. 38
The subsistence studies, as well as a significant
portion of all NPS-contracted research in Alaska, were conducted through
the Cooperative Park Studies Unit at the University of Alaska,
Fairbanks. Established in 1972, the Cooperative Park Studies Unit (CPSU)
consisted of a Biology and Resource Management Program directed by Dr.
Frederick C. Dean, professor of wildlife management at the university;
and an Anthropology and Historical Preservation Program headed by Zorro
Bradley, an NPS anthropologist who held an adjunct professorship in the
university.
The CPSU had evolved from an earlier discussion
between Vida Bartlett, widow of the late Alaskan Senator and NPS
Director Hartzog. As was the case with similar units at various
universities around the country, the CPSU was designed to stimulate park
related research that would benefit Park Service and university students
and faculty. Although established independently of the Service's d-2
effort, the organization of the CPSU lent itself naturally to the
flexibility required in that effort. 39
The original contract establishing the CPSU provided
for an ecological evaluation of impacts on recent changes in the use of
the Mount McKinley park road, a bio-ecological survey of the proposed
north extension of Mount McKinley National Park, investigation of the
role of scavenging in the ecology of various mammals and birds, as well
as consultation and field assistance to current and future NPS study
teams. The Service was quick to grasp the opportunities offered by the
biology and resources management program. During 1973 the Park Studies
unit handled contracts for Dr. David Murray's visitation study at Gates
of the Arctic, a biological survey at the Chukchi-Imuruk proposal, and a
biological survey at Dixon Harbor. In following years, the Cooperative
Park Studies Unit would produce a number of studies in a wide variety of
fields that included geomorphology, climate, limnology, biology,
wildlife management and zoology. 40
On the other hand, the Service seems to have failed,
immediately, to grasp the opportunities offered by Zorro Bradley's
Anthropology and Historic Preservation program. His office experienced
difficulty in filtering funding requests through the Pacific Northwest
Regional office. During the first several years of its existence, as a
result, the Service actually did little to support the program. 41
This situation changed through the Park Service's
participation in the Interior Department's efforts to implement mandates
in section 14(h)(1) of ANCSA. This section allowed the Native regional
corporations to select cemeteries and historic sites (not to exceed
2,000,000 acres outside village and regional withdrawals, including
sites on wildlife refuges, and national forests). 42
Implementation of Section 14(h)(1), which included
the documentation of historic and cemetery sites significant to Alaska
Natives and conveyance of eligible sites, would prove, conceptually and
procedurally, a complicated and formidable undertaking. It essentially
required outsiders to research and describe the significance of sites
for peoples of entirely different cultures, and different sets of
values. 43 Procedurally, implementation
would involve the cooperation of three federal agencies and the twelve
land-holding Native regional corporations created by ANCSA. The Bureau
of Land Management would be responsible for adjudication and issuance of
patents. The Bureau of Indian Affairs, which the Secretary of the
Interior had designated as the lead agency in the process, would certify
the existence and significance of all sites selected. As the Department
of the Interior's authority and advisor on historical matters the
National Park Service would serve as technical consultant to the Bureau
of Indian Affairs. 44
Following considerable discussion with BIA and BLM in
Washington, D.C. and Alaska, the role of the NPS in the 14(h)(1) process
had been resolved by early January 1975. 45 On June 23 of that year the Service
contracted with the University of Alaska "to provide prehistoric and
historic site surveys under provision 14(h) of the Alaska Native Claims
Settlement Act". 46
From 1975 until July 1976, the 14(h)(1) teamten
anthropologists, archeologists, and historians directed by Zorro Bradley
with Melody Webb Grauman as project coordinatorworked closely with
ten of the Native Regional Corporations that had requested Park Service
assistance. Serving as cultural resource consultants, the researchers
helped to compile cultural resource inventories from which site
selections could be made, reviewed existing literature, and conducted
archival research to prepare bibliographies of site reference in
historical and anthropological literature, conducted interviews, and
assisted in writing the statements of significance required for each
site application. The researchers had advised the Native Corporations on
a variety of cultural resource matters, such as planning, protection,
use, and interpretation of the resources; writing of native histories;
and the establishment of village or regional museums and other forms of
cultural centers. In this early phase, the researchers and the
corporations resolved problems of establishing criteria for evaluating
Native sites. They developed appropriate new criteria which were
incorporated in the formal rules and regulations for implementation of
14(h)(1). 47
During two intensive field seasons 14(h) researchers
inventoried more than 7,000 sites at a cost of $700,000. Based upon this
list, twelve regional corporations applied for 4,035 14(h)(1) sites
spread across the face of Alaska. In the future, each of these sites
would have to be investigated on the ground to determine its extent and
whether or not it met statutory requirements. Researchers would
delineate boundaries, photograph and sketch sites, and write reports.
The BIA estimated the entire process would take five years and cost
$5,000,000. 48
Onsite investigation of the 4,035 applications
commenced during the 1978 field season. Using a research design devised
by Field Director Elizabeth Andrews that was based upon subsistence
pattern theory, research crews visited forty-two sites in three areas.
While Jim Ketz, Tim Sczawinski, Leslie Conton, and Elliot Gehr surveyed
sites on Hinchinbrook Island in Prince William Sound, Russ Sacket and
Kathryn Koutsky investigated six sites near Haines and Juneau in
Southeast Alaska and twelve more around the village of Shaktoolik on
Norton Sound. 49
Park Service participation in implementation of
14(h)(1) was more involved than that originally conceived, partially,
because of internal problems in the Bureau of Indian Affairs. By 1982,
during discussions regarding transfer of the Park Service's 14(h)(1)
function back to the BIA, Dean John Bligh of the University of Alaska
indicated NPS participation was crucial to the success of the program.
Nevertheless, on January 13, 1983, the Park Service terminated
agreements and contracts with the University of Alaska, including that
with the CPSU. This action necessarily brought to an end the Service's
participation in the implementation of Section 14(h)(1). 50
For the National Park Service, participation in the
14(h)(1) program had benefits far beyond the immediate results. From the
very beginning the 14(h)(1) studies brought expertise in cultural
history to the Park Service's planning program, which had been long
recognized as a necessity in the Alaska parklands. It certainly
contributed to knowledge and understanding of subsistence in Alaska. The
work of the 14(h)(1) staff with the Native Corporations earned
considerable goodwill toward the Park Service and its Alaska programs
that would contribute to the success of its Alaska proposals. 51
The program proved to be important in a larger sense.
As early as 1977, the 14(h)(1) program had resulted in publication of
Elizabeth Andrews' two-volume report that detailed her work with Doyon,
Ltd. at 37 villages in an area larger than California; Gary Stein's
two-volume study of 422 historic sites in the Aleutian area; 9 published
articles; 16 conference papers; and 13 reports and theses. Additionally,
the staff had conducted 4 classes, workshops, and training sessions on
cultural resource management aimed at Natives and representatives of
other federal and state agencies. 52 The
14(h)(1) staff conducted basic research in the history and culture of
Alaska Natives. Their work pushed back the frontiers of Alaska history,
beyond the battles of World War II, the 1898 Gold Rush, and Russian
exploration and settlement, to include in that panorama, the story of
the Native peoples in that panorama.
The NPS Alaska Task Force planners of 1972 and 1973,
who had prepared the first planning and environmental documents
submitted to Congress, had to work under severe time and political
limitations. The people detailed to Alaska during the period were
influenced, as well, by their own experience and had applied the park
planning concepts they had learned in the "Lower 48." However valid
these concepts might have been elsewhere, later planners, who had the
benefit of extended field work and more detailed research, concluded
that the early master plans were often deficient. While agreeing with
basic purposes and objectives of those plans, Bill Brown wrote, the
development proposals and visitor use specifics were often inappropriate
to natural and cultural realities. As Brown and his assistants learned
more about the Yukon-Charley area, for example, they concluded that
recreational float trips on the Kandik and Nation rivers, which had been
described earlier as "outstanding", were actually quite problematical
because of wildly fluctuating water levels, access problems, upstream
land ownership, and oil and gas development activity. Similarly,
conditions in the countrydense stands of spruce, swampy muskeg and
sloughs in the lowlands, as well as vicious swarms of insectsmade
unnecessary proposed campsites and trail systems where patterns of
summer use of beach campsites and water travel had long been
established. 53
The recommendations the keymen made actually went
beyond a revision of the 1973 master plans. Based upon several years of
intensive work, they recommended a new approach for Park Service
planning and management of the proposed parklands. In Alaska, they
argued, extreme climatic conditions, terrain, isolation, distance,
pre-existing cultural patterns, even the vast swarms of insects, would
continue to determine modern use patterns. Under these conditions,
imposition of the process that worked elsewhere seemed destined for
failure, however well-intentioned the motives. Based upon their
experience, the keymen recommended a more flexible, experimental, and
evolutionary approach to Park Service planning and management in Alaska,
one that would not have an irrevocable effect on the new parklands. 54
Based upon this analysis the Alaska Task Force
planners envisioned a system of parks in Alaska that Bill Brown has
described as a "wealth of landscape mosaics":
1. Those that meet visitor expectations
for traditional national park access, staffing, and facilities.
2. Intermediate spaces where access and visitor aids
are rudimentary - equivalent to undeveloped or wilderness parklands in
other states.
3. Outback spaces where visitors will be entirely on
their ownwilderness in an absolute sense, compounded by size,
weather, and terrain factors only rarely approximated elsewhere.
Only the developed areas and access zones of the
older, established Alaskan parks were envisioned as meeting the first,
or "traditional" criterion, and, even in those areas expected
development would only approximate that traditionally identified with
parks in the "Lower 48." The intermediate group would include some
portions of the proposed parklands in close proximity to Anchorage (Lake
Clark) or connecting to Alaska's limited road system (Yukon-Charley,
Kenai Fjords, and portions of Wrangell-St. Elias). The restsome
95% of all Alaska's parklandsfit the last category. Here, in the
words of John Kauffmann, "people can find remoteness amid the open
landscapes, avoid disturbance, and enjoy solitude . . . visitors will
take the country on its own terms." 55
In this "mosaic of landscapes," the Park Service's
Alaska planners proposed abandoning the recreational/developmental
approach that had long dominated Park Service management. Preservation
of large ecosystems would be the dominant theme in the new Alaska
parklands. Resource preservation would, however, exist side by side with
a concern for the protection of traditional uses of the land, however
contradictory that might seem to be. 56
With the introduction of H.R. 39 in January 1977, the
focus of the struggle over the Alaska National Interest lands shifted
and brought on a new cast of characters. Secretary Andrus's order for an
analysis of H.R. 39 and a re-examination of Secretary Morton's proposals
elicited, of course, a flurry of activity in Alaska, and the
administration's proposals required updating of the legislative support
data. As passage of an Alaska lands bill seemed to loom closer in the
latter part of 1977 and into 1978, both the Department of the Interior
and the individual agencies that would be involved in management of the
proposed areas began to prepare for implementation of the legislation.
57 As the emphasis in the Alaska Area
Office gradually shifted to preparing for operations and as the keymen
completed collecting the basic information required for legislative
support data, the keymen functions wound down. Several of the keymen
stayed on, taking on added duties. Bob Belous became public liaison
officer, while continuing to develop an NPS subsistence policy and work
at Cape Krusenstern and Kobuk Valley. Marc Malik continued to compile
material for various areas while providing design functions for existing
areas, and John Kauffmann participated in the Bureau of Outdoor
Recreation's Recreation/Wild River Studies in the National Petroleum
Reserve Alaska. Others left. Ralph Root returned to the Denver Service
Center in spring 1977, and Bill Brown temporarily left the Service to
assist North Slope Natives in a variety of cultural resource activities.
The end of one phase in the Park Service's efforts to secure new
parklands in Alaska came when Al Henson, who had done so much to shape
the Service's program in Alaska, left in September 1977 to join the
staff of the Denver Service Center. 58
C. Management of the National
Monuments, 1979-80
Primary responsibility for interim management of the
d-2 lands rested with the Bureau of Land Management. Because any
activities allowed could significantly alter resources and limit options
available to future managers, and because that agency possessed limited
capability to adequately monitor those activities, the National Park
Service and other four-systems agencies had been closely involved from
the very beginning. The Service cooperated with the BLM and other
agencies in developing procedures and stipulations for seismic and
surface geology programs and a policy regarding use of all-terrain
vehicles on d-2 lands. They reviewed applications and assisted in
developing stipulations for permits that ranged from a proposal for
construction of an ice road on Cape Espenberg, a request to conduct
military maneuvers at Gates of the Arctic, requests for oil and gas
exploration permits such as Standard Oil's proposal for a
geological-geophysical study in the central arctic, to a request for a
permit to cut firewood near Walker Lake in Gates of the Arctic. All the
while the Alaska Area Office maintained an ongoing program of monitoring
activities in the proposed parklands. 59
The relationship between the Park Service and BLM
regarding interim management of the d-2 lands was often contentious.
Nevertheless, the Service did gain an understanding of the complexity of
management in the new Alaska areas and experience in dealing with many
of the issues that exist to the present.
The Park Service and the other federal agencies had
looked forward to management of the proposed Alaskan areas since 1972.
Despite involvement in interim management, and the planning and
preparation for management that had gone on, few could have predicted
that management responsibility would come the way in which it
didthrust upon the Service as a result of President Carter's
December 1, 1978, National Monument proclamations.
When he recommended national monument protection for
the proposed parklands, NPS Director Whalen wrote, "our business is
managing people and resources, and we will apply the law reasonably and
firmly in the Alaska monuments." 60
Whalen did not make clear how that would be accomplished, and
implementing his pledge would prove to be no simple task. The negative
reaction of Alaska residents provided a signal that the Service should
take a cautious approach. Personnel ceilings and budget constraints
prevented the Service from assigning new people to the monuments. The
Department of the Interior did not request a FY '79 supplemental
appropriation for the $3,469,000 to $5,200,000 estimated to be necessary
for management of the NPS monuments, but instead submitted a request to
reprogram existing funds. When this request, which was supported by OMB,
was denied, the Service simply had no adequate funds to staff the areas.
Furthermore, the general feeling that the monument proclamations were a
temporary measure pending legislative action, made aggressive management
seem inappropriate. 61
The wisdom of the decision not to staff the new
monuments could not be tested during the winter months, when little
activity, save local trapping and hunting, traditionally takes place.
John Cook and members of his staff did visit various "hot
spots"communities like Eagle and Glenallenwhere opposition
to the monuments and the Park Service was particularly high. When the
Real Alaska Coalition, a statewide coalition of sportsmen's and
recreation groups, sponsored an attempt at organized law-breaking at the
"Great Denali Trespass" in early February, existing personnel, along
with ten rangers reassigned from parks in the Pacific Northwest, met the
situation discreetly and with few difficulties. 62
The initial approach to management of the new NPS
monuments rested, in part, on the assumption that Congress would act on
the proposed legislation prior to the next Alaska sport hunting season
which would begin in early August 1979. 63
As it became clear that the legislative process would not be completed
before that critical date, NPS and Interior Department officials agreed
that some method of establishing an NPS presence in the monuments must be
found, despite the personnel and funding constraints. In early June
Alaska area Director Cook requested Bill Tanner, then chief ranger at
Chamizal National Monument, to draw up a plan for the short-term staffing
of the new Alaska monuments. 64 Although
patterned roughly on the concept of the special events teams, the staffing
and operational plan which Tanner prepared and the Park Service and
Interior Department approved was a protection rather than enforcement
plan designed to:
provide accurate information regarding the National
Park Service, its objectives and policies; to provide the traditional
services of search and rescue, emergency medical care and other public
services to the visitors and residents of the monuments; [and] to
provide the best possible protection to the resources of the monuments.
65
The eventual cost of the program was $551,000. Travel
pay and expenses came from the reprogramming authority of the Service's
emergency law and order account. The twenty-one rangers and one
clerk-typist detailed to Alaska, however, were paid by their home parks.
66
During the first week of July 1979 Richard Smith,
whom Director Whalen had chosen to coordinate the program, Tanner, Walt
Dabney, Park Ranger at Grand Teton National Park, and Mike Finley, then
assigned to the Service's WASO office, selected the rest of what became
known as the Ranger Task Force. The twenty-one rangers on the task force
were all people with considerable experience, holding, generally, senior
level ranger positions (district rangers and chief rangers) in seventeen
parks, the Washington office, and Albright Training Center at Grand
Canyon. Among the other criteria used in selection were a proven ability
to deal with people under stressful circumstances, demonstrated skill in
ranger activities, and an ability to operate independently for long
periods of time. Finally, all were commissioned law enforcement
officers. 67
The first members of the Task Force flew into
Anchorage on July 15, with the rest arriving on August 1 . Seven people
were assigned to specific areas (Wrangell-St. Elias, Gates of the
Arctic, Kenai Fjords, and, toward the latter part of the summer,
Kotzebue). 68 The remaining fourteen
people remained in the Anchorage office, with one group responsible for
task force affairs and liaison with the Alaska Area Office. Another
group acted as liaison with other federal agencies and with search and
rescue operations, and a third group was assigned to field areas as
required. The latter was in the field most of the time. Four people, for
example, spent ten days at Lake Minchumina adjacent to Denali National
Monument, and four more spent ten days at Katmai. 69
Regardless of the reasons for not more actively
managing the new monuments before August 1979, the Park Service had
given a false impression of its intentions in Alaska, and had
contributed to a growing belief that President Carter's national
monument proclamations actually intended to have little effect on the
lives and lifestyles of Alaskans. Arrival of the Ranger Task Force,
indicating as it did, that the Park Service was indeed serious about
protecting resources in those areas, shattered the prevailing 'business
as usual' calm that had followed the initial outburst of opposition to
the Carter administration's actions, and sparked a new round of protests
against the monuments and the Park Service. Rangers assigned to Kenai
Fjords, Lake Clark, and Kotzebue encountered little overt resentment and
went about their jobs with little apparent difficulty. Elsewhere,
however, task force rangers found themselves to be the brunt of
considerable hostility. 70 Business
establishments at Bettles Field (Gates of the Arctic N.M.) and in the
Wrangell-Saint Elias area refused services to the Task Force rangers,
and those assigned to the latter were forced to leave their rented
quarters when their landlady received a bomb threat. Even those in
Anchorage encountered similar situations. When Stu Coleman, who had been
assigned to Lake Clark, came to Anchorage for treatment of an impacted
tooth, the first dentist visited indicated that he would prefer not to
treat a National Park Service employee. 71
Such incidents quite naturally proved irritating. Of
greater concern, however, was an underlying threat of actual violence
directed toward the Ranger Task Force. Many Task Force Rangers at one
time or another received anonymous death threats. Several incidents
throughout the summer gave these threats a credibility they might not
have had ordinarily. Someone, for example, fired five shots through John
Cook's office window one night, and another assaulted an individual
known to be friendly to rangers assigned at Wrangell-Saint Elias. On
September 11, an arsonist destroyed a plane chartered for the use of the
three rangers manning that area. 72
Task Force Rangers recognized that such incidents
described above were the work of individuals, and did not reflect on the
vast majority of Alaskans. 73 In the face
of considerable opposition, and without the traditional organizational
support structure that existed elsewhere, task force rangers went about
the jobs they had been sent to dopatrolling huge areas, answering
hundreds of questions about the monuments, carrying out searches for
downed aircraft and issuing citations, when necessary, for illegal
hunting in the monuments. 74
In the public's perception, ranger activities had
mixed results, some members of the Ranger Task Force were charged with
using excessive force ("Gestapo" tactics) and others with deliberately
refusing to enforce the law. 75 Some
within the Service itself criticized the task force approach, arguing
that it allowed the Service to avoid responsibility for managing the
national monuments as Director Whalen had said it would do. There may be
some a certain truth to that charge, but probably the real criticism
should have been leveled at decisions that failed to provide requested
funding for a more permanent commitment of staff and operations.
Nevertheless the 1979 Ranger Task Force, and the one that followed in
1980, had, under the most trying conditions, established a NPS presence
in the proposed Alaska Parklands, and made a clear statement that the
resource values there would be protected. 76 It introduced and personalized the
operational side of the NPS to many local people. In return it had
introduced the Alaska context to a number of people in the Park Service,
many of whom would assume responsible positions in the areas following
passage of ANILCA. The Ranger Task force had absorbedand
dissipatedconsiderable hostility. Though that hostility had by no
means disappeared when the Service began to permanently staff the areas
following passage of ANILCA, the new superintendents and staffs found
their work to be much easier because of the pioneering effort of the
task force.
Thus, the Park Service could look back on nine years
of intensive study, planning, and management of the Alaska parklands
when President Carter signed the Alaska National Interest Lands
Conservation Act of 1980. But the job was just beginning. For the Park
Service, it would mean a formal commitment to properly managing a total
area that more than doubled the existing National Park system. The
experience the Service had gained during the preceding nine years, would
prove to be vital in the coming years.
Epilogue
Supporters of the Alaska Lands bill breathed a
collective sigh of relief when President Carter signed the Alaska
National Interest Lands Conservation Act of 1980. The enormity of the
task ahead, however, tempered the celebration of National Park Service
employees. For the National Park Service, and other agencies that would
manage the newly-created conservation areas in Alaska, passage of the
bill was only the beginning. The real challenge lay in implementation of
the act. 1 During the nine tumultuous
years preceding ANILCA, the Park Service had expended an enormous amount
of energy to achieve passage of national interest lands legislation, as
well as preparing for management of the areas once the legislation
passed. Whether the lessons learned during that time carried over and
whether the same level of intensity could be maintained in implementing
the act would determine, in large part, if the promise of ANILCA would
be fulfilled.
The complexity of the job required of the various
federal agencies by ANILCA was underscored in Interior Secretary
Andrus's December 2, 1980 ANILCA Implementation Directive, a document
that, with appendices, amounted to some seventy-five pages. In addition
to the nearly overwhelming job of establishing day-to-day operations in
the new conservation areas and developing relations between agencies,
state of Alaska, Natives, and ANILCA-mandated Alaska Land Use Council,
the act required preparation of nearly 100 separate sets of regulations,
reports and studies. Among other things, ANILCA required the National
Park Service to prepare general management plans with appropriate
environmental compliance documents for all new park areas within five
years; prepare an environmental and economic analysis of surface
transportation right-of-way across Gates of the Arctic National
Preserve; conduct wilderness reviews of all lands within the park system
not designated as wilderness under the act; participate in an analysis
of management options for mineral development and protection of park
resources in the Kantishna Hills and Dunkle Mine areas in Denali
National Park; take the lead in preparing reports on the suitability of
twelve rivers for inclusion in the Wild and Scenic Rivers System;
prepare regulations regarding public uses in the new park units to
replace those affecting the national monuments; and appoint park and
monument subsistence commissions. 2
The National Park Service had, during the previous
nine years, identified many of the management problems it would face in
managing the new Alaska parklands, as well as manpower requirements
there. Nevertheless the new Alaska Regional Office faced a most
formidable challenge in implementing ANILCA, a challenge, to use former
Regional Director Cook's favorite analogy, not unlike that the Service
and "Boss" Pinkley faced in the old Southwest Monuments of the 1920s and
1930s. 3
The job would be complicated, too, by severe budget
restrictions. Interior Secretary Andrus had indicated, on December 2,
1980, that he would recommend additional funds for implementing ANILCA
be included in a supplemental budget request. He had done so, no action
was taken on his request, the Service was left with only the $3,000,000
appropriated for staffing the Alaska monuments in FY 1981:
Wrangell-Saint Elias | 600,000 |
Gates of the Arctic | 540,000 |
Kenai Fjords | 100,000 |
Katmai/Aniakchak | 60,000 |
Lake Clark | 400,000 |
Yukon-Charley | 100,000 |
Bering Land Bridge | 100,000 |
Kobuk Valley/Noatak/Cape Krusenstern | 400,000 |
Denali | 50,000 |
Mining in the parks and Mineral management | 650,000 |
Even that amount represented a reduction of the
Service's original request of $11,400,000 for managing the national
monuments. 4
In the face of continuing budget restrictions, the
Park Service moved ahead, if cautiously, knowing that virtually every
action taken during the start-up period would establish a precedent. In
fact, the initial approach taken by the Park Service was similar to that
recommended by the Alaska Task Force keymen in 1975experimenting
and taking no actions that would have an irrevocable affect on the
resources. Implementation in Alaska would occur at two levelsthe
Alaska Regional Office and in each individual area. The Regional office
would be required to establish direction and policy, develop state-wide
programs for an entirely new Alaska park system, perform a variety of
support functions for the new areas, work with other agencies and
offices within the Park Service to perform the various studies required
by ANILCA, and establish the necessary working relationships within the
Service which would be vital to successful implementation. 5
One of the first immediate needs, of course, was to
place permanent staffs in the new areas and to augment the regional
office staff to accommodate new programs and responsibilities. 6 Regional Director Cook had initiated the
process of hiring staff for the field areas in the fall of 1979 when,
through the use of joint appointments, he had named Chuck Budge as
ranger-in-charge of Wrangell-Saint Elias National Monument and Paul
Haertel to a similar position at Lake Clark. 7 The following year he hired Mack Shaver, who
previously had participated in the 1979 ranger task force and had
returned to monitor the spring 1980 bear hunt, as ranger-in-charge of
the northwest areas (Cape Krusenstern, Kobuk Valley, and Noatak). 8
Within weeks of the passage of ANILCA, Regional
Director Cook had sent out vacancy announcements for the positions of
park managers for the new areas, and by late spring 1981, the new cadre
of superintendents were in the field to establish park operations. 9 By the standards set in the "Lower 48",
certainly, these first year's operations were shoestring affairs. Using
borrowed stationery and his own cardtable, for example, Dave Moore set
up headquarters at Kenai Fjords National Park in the basement of the
Seward Forest Service Office. With a budget of $100,000 for Park
operations in FY 1981, Moore's staff consisted of himself, an
administrative technician and two seasonal park rangers. 10
Kenai Fjords National Park is one of the smallest of
the new Alaska parklands, but the situation there was similar to that
elsewhere. In northwest Alaska Mack Shaver managed three areas (Cape
Krusenstern, Kobuk Valley, and Noatak) with a combined acreage of
8,730,000 acres on a budget of $406,700. During that first summer
Shaver's staff consisted of himself, a chief ranger, two experienced
seasonal park rangers, and three locally hired Natives. 11 In an area of Alaska where the airplane is
the primary mode of transport in the summer, the only aircraft available
to Shaver was his personal plane, or those hired for charter flights. At
Yukon-Charley Rivers National Preserve Dave Mihalic did not even have a
telephone, but had to carry on park business from the phone at a local
store at the cost of a dollar a call. 12
Operations at Gates of the Arctic during that first season were similar
to those which had been carried on during summers of 1979 and 1980 by
the ranger task forces, although now with greater emphasis on gathering
information for planning and management purposes; and in Wrangell-Saint
Elias, Chuck Budge faced the prospect of managing the largest single
unit in the entire National Park System (12,180,000 acres) with an
operating budget of $548,700 and a staff of six. 13
As the new superintendents and their miniscule staffs
began to set up operations in the new Alaska parklands they generally
faced the same kinds of problems as managers of new parks elsewhere,
but exaggerated by such things as size, distance, isolation, and
logistical costs in roadless wilderness, which defined all the new
acreages. At the same time ANILCA created new and unique problems of
both kind and scale for park managersmining, access, sport
hunting, use of cabins in park areas, and subsistence, for
exampleall compounded by social environments almost wholly
negative in the beginning. In the long run, the subsistence issue may
prove to be the most vexing. In ANILCA, Congress mandated preservation
of traditional national park values along with preservation of the
lifestyle of the people who live there. Protecting resources in those
magnificent parklands while preserving traditional consumptive uses
immediately presented daily challenges to the new superintendents, and
the Park Service as a whole. Whether it would prove able to evolve new
management strategies appropriate to conditions imposed by ANILCA, or
whether it would attempt to retreat to traditional management practices
will be for the Park Service, one of the major challenges of ANILCA. 14
The park staffs, small as they were, did begin to
collect information for planning, and by mid-1983, statements for
management of the new areas had been prepared and circulated for review.
15 Nevertheless, given the funds
available for park operations, the small staffs, size of the areas to be
managed, and nearly absolute lack of any infra-structure in the new
parks, it is not surprising that the main thrust of park management
during the first seasons of operations were primarily custodial in
nature. 16 For the new park staffs, many
of whom were new to Alaska, this meant repeating the process of
familiarization with the areas and establishment of credibility and
rapport with residents similar to that accomplished during the d-2
planning period. 17 In the northwest
areas operations during the 1981 field season consisted of patrol trips
every ten days on the Kobuk and Noatak rivers to determine levels of
use, developing information on the resources, and performing any needed
visitor services. Additionally, park staff manned a visitor contact
station in the Native Regional Corporation (NANA) museum in Kotzebue,
making contact with some 2,000 people. 18
At Gates of the Arctic, park staff spent the entire 1981 field season
living out of briefcases and backpacks in an effort to meet as many
people as possible, and begin to accumulate knowledge about the area
that would be necessary for proper management. 19
Particularly important in building rapport in the
local communities and establishing credibility for the Park Service as a
land managing agency was the establishment of a year-around presence in
the new areas. 20 In doing so, NPS
employees in Alaska turned a full circle, back, in a manner of speaking,
to the very earliest days of life in the national parks. Certainly, life
in rural Alaska has its rewards. But, at the same time, NPS employees
moving to Alaska parks from those in the "Lower 48" were forced,
sometimes, to make sometimes radical adjustments in their lifestyles.
Although there are duty stations in the "Lower 48" that are isolated,
few could have experienced the isolation one finds in many places in
rural Alaska. 21 They had to overcome,
too, long, cold, dark winters, as well as summers with long daylight
hours, a phenomenon that brings its own special set of problems. Whether
it was a Park Service employee in Nome or Kotzebue receiving his/her
twice-yearly order of bulk groceries or a superintendent receiving a new
dump truck whose warranty had expired by the time it was delivered, the
costs and inconvenience of living in rural Alaska are extreme by
standards elsewhere in the country. 22
Housing is expensive and difficult to find. Even then, the newly
assigned staff had to accept living conditions with few of the amenities
taken for granted elsewhere. 23 The
experience of Jim Hannah, district ranger at Chitina in Wrangell-Saint
Elias, typifies the experience of new Park Service employees in Alaska.
Hannah, who came to Alaska from Big Bend National Park in Texas, found
himself living with his wife and two teenage daughters in a cabin with
no indoor plumbing, and heated only by a wood stove. 24 For the entire family, a considerable
amount of energy would be spent in simply surviving.
Despite difficulties they have faced, NPS employees
in the Alaska parks have persevered. They have established credible
on-going operations in the new areas. The Alaska parks are now parks for
today, as well as parks for the future. NPS employees and their families
are becoming part of the communities in which they live Although some
resentment toward the Park Service remains, and likely will continue for
some time to come, park employees have gone far in overcoming the
hostility built up over the course of the d-2 period. It is possible,
too, that the challenging experiences of the staffs in the Alaskan parks
will have a certain rejuvenating affect on the Park Service as a whole,
much as did the experience of their pioneering predecessors in national
parks of the 1920s and 1930s. Because there has been little personnel
movement in and out of Alaska as of this writing, however, whether or
not that is true remains to be seen.
While park staffs were working toward establishing
working park operations and adjusting to life in Alaska, the Service
initiated the planning process mandated by ANILCA, a process that would
involve the joint efforts of the Denver Service Center, Alaska Regional
office, and superintendents and staffs of the various field areas. 25
ANILCA placed a five-year deadline on completion of
general management plan for the thirteen new Alaska parklands. In FY
1982, $295,000 was made available for general management planning at
Lake Clark ($54,000), Glacier Bay ($100,000), Denali ($56,000),
Wrangell-Saint Elias ($35,000), and Yukon-Charley ($20,000). 26 In addition, the Alaska Regional Office
received funds to undertake development concept planning activities at
Kenai Fjords (Exit Glacier), Katmai (Brooks Camp, King Salmon), and
Denali (road corridor). 27
The general approach the Park Service would take in
preparing general management plans for the Alaska parks complemented the
approach taken by managers in the Alaska Regional Office and on the
ground in the new parks. As outlined in a 1981 task directive, NPS
Alaska planning would meet minimum mandates established by Congress in
ANILCA as well as any immediate threats to resources in the parks. It
was agreed that the actions proposed in those plans would be of such a
small scale as to require environmental assessments rather than
full-scale environmental impact statements such as those prepared by the
Alaska Planning Group in 1973-75. 28
As it reviewed the events of the d-2 period in 1979,
the Joint Federal-State Land Use Planning Commission observed:
A new land ethic had evolved. Resources would no
longer be exploited without thought to resource conservation and
environmental protection. 29
Perhaps. As the National Park Service began to
establish operations in the new parklands and prepare general management
plans, however, it quickly found that while ANILCA had settled most of
the remaining questions regarding ownership of Alaska's public lands, it
had not put to rest the basic debate over the use of those lands. It is
little wonder. Debate over the use of Alaska's lands, which had
dominated the legislative struggle over ANILCA, was, in fact, only a
chapter in a longer debate that had its origins in Nineteenth-Century
America. The ink was hardly dry on the act when the question was raised
again, and it seems likely that debate over the use of the Alaska lands
will go on for the indefinite future. 30
As it has throughout its history the National Park
Service faces a number of difficult choices in the future. It does seem
clear, however, that the Service cannot simply stand idly by and hope
for the best for the Alaska parklands. In former years Katmai and
Glacier Bay national monuments suffered only limited damage from the
lack of management. That good fortune did not come by design, but
rather, resulted from other factorsisolation and lack of
development pressures. But the Alaska of fifty years ago no longer
exists. Regularly scheduled flights service even some of the most remote
areas, and the Alaska Highway, which in the recent past attracted only
the hardiest of travelers, is today crowded with tourists from all parts
of the nation. Places that only yesterday were virtually unexplored are
today easily reached by airplane. Even in Gates of the Arctic National
Park, a land set aside "to protect the wild and undeveloped character of
the area", increased visitation is already bringing conflict between
different types of recreational users. 31
Despite the huge size of many of these areas, certain small attractive
sites or narrow river corridors will continue to be the focus of
recreational visitor interest and receive a disproportionate - and
potentially damaging - amount of use. Pressures are already being felt
from development on lands outside park boundariesthe Red Dog Mine
near Cape Krusenstern, a fish hatchery on the Noatak River, proposed
mining of coal, tungsten, and asbestos, and oil and gas development near
Yukon-Charley Rivers National Preserve, and increased visitor use from
the Dalton Highway (the pipeline haul road) along the eastern boundary
of Gates of the Arctic. These among seemingly countless examples signal
that the long-term fate of the new Alaska parklands hangs in the
balance. The Alaska National Interest Lands Conservation Act of 1980
created some of the most magnificent and unique units in the entire
National Park System. ANILCA gave the National Park Service the
opportunity to correct the mistakes made in the past, both in Alaska and
in the "lower 48". Without aggressively protective and flexibly adaptive
management, however, the promises of ANILCA could easily be lost.
"Do Things Right the First Time"
Administrative History: The National Park Service and the Alaska National Interest Lands Conservation Act of 1980
Harlan D. Unrau
G. Frank Williss
September 1985
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