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NPS and ANILCA
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Contents
Foreword
Preface
NPS in Alaska Before 1972
ANCSA
Response to ANCSA, 1971-1973
ANILCA
NPS in Alaska, 1973-1980
Epilogue
Recommendations
Bibliography
Appendix
Endnotes
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The National Park Service and the
Alaska National Interest Lands Conservation Act of 1980: Administrative History
Endnotes
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Chapter
Two
1. PL 96-487, Dec. 2, 1980; "Alaska Summary, PL
96-487," January 26, 1981, Doc. 02686, ANILCA Papers, Law Library.
2. Mary Clay Berry, The Alaska Pipeline: The
Politics of Oil and Native Land Claims (Bloomington: University of
Indiana Press, 1975), pp. 29-30; Everhart, National Park Service,
pp. 252-54.
3. PL 85-508, July 7, 1958; Berry, Alaska
Pipeline, p. 27. Had Congress applied the formula used for other
western states--1,290 acres out of each township of the public domain
for the support of schools, Alaska would have received about 2,000,000
acres.
4. By the way of comparison, Montana received 10
percent of the public domain in its borders, Arizona 15.6 percent, New
Mexico 16.43 percent, Nevada 3.8 percent, Utah 13.8 percent, and
Colorado 16.43 percent. "Land granted to states from the public domain,"
January 7, 1975, Background Briefs, Harry Crandell Papers, Conservation
Library, Denver Public Library.
5. PL 85-508, July 7, 1958; Berry, Alaska
Pipeline, p. 28. Other states received 37.5 percent of the revenues.
The federal government received 10 percent, and the remainder (52.5
percent) went to the federal reclamation fund. Since Alaska is not a
reclamation state, the state received ninety percent of the mineral
lease revenues.
6. Robert D. Arnold, et al., Alaska Native
Land Claims (Anchorage: Alaska Native Foundation, 19), p. 94.
7. Quoted in Ibid., p. 103. A bill to settle
Native claims to the land had been introduced as early as 1940.
8. Barry, Alaska Pipeline, p. 31. Natives
later won compensatory payment from the United States in one of those
cases--the Tlingit-Haida case.
9. P.L. 85-508.
10. Lappan, "Whose Promised Land?", p. 51.
11. John V. Krutilla and Sterling Brubaker,
Alaska National Interest Lands and Their Opportunity Costs
(Washington, D.C.: Resources for Future, 1976), p. 3; "Brief Chronology
of Events Related to State Selections," February 14, 1978, Box 14,
Papers of the Alaska Coalition, Conservation Library, Denver Public
Library; State of Alaska, Department of Natural Resources, "Alaska State
Land Selection Program, Its History and Guidelines," May 15, 1978, Box
7, Albert Henson Papers, Conservation Library, Denver Public Library.
Less than 5,000,000 acres had been patented to the state by the end of
the decade.
12. RWA [Roger Allin], "Note," December 18, 1961,
Breedlove Papers, HFC; Berry, Alaska Pipeline, p. 33; Arnold,
Native Land Claims, pp. 100-101.
13. Berry, Alaska Pipeline, p. 43.
14. Arnold, Native Land Claims, pp.
94-95.
15. Quoted in Lappen, "Whose Promised Land?" p.
68.
16. The story of the organization of Alaskan
Natives, which is a remarkable one, is told in Arnold, Native Land
Claims.
17. Arnold, Native Land Claims, p. 102.
18. Ibid., p. 103; [Philleo] Nash to
Legislative Council, May 10, 1963, ANILCA before 1969, Rights Protection
Division, Bureau of Indian Affairs, USDI. The latter is a draft of a
bill similar in most respects to the recommendations of Secretary
Udall's Task Force. The bill, unlike the report, included guarantees for
mineral rights on lands for which the Natives would have assumed title,
and would have given them cause for action in the U.S. District Courts
"for the value of rights and occupancy of which they have been deprived
by laws of the United States."
19. Berry, Alaska Pipeline, pp. 49, 61;
Arnold, Native Land Claims, pp. 117, 125. Secretary Udall
formalized the 'freeze' in Public Land Order 4582 on February 17, 1969.
Federal Register, 34 (January 23, 1969), p. 1045.
When Walter J. Hickel, who as Governor of Alaska had vociferously
opposed Udall's action, was nominated as Secretary of the Interior, he
intimated he would overturn the "freeze," saying, "what Udall can do by
executive order I can undo." To gain support of Natives and
conservationists for his nomination, however, he promised to retain the
freeze. It was extended on Dec. 7, 1970 (Public Land Order 4962), June
24, 1971 (Public Land Order 5081), and December 7, 1971 (Public Land
Order 5146).
20. Arnold, Native Land Claims, p. 119.
21. Memo to Commissioner Bennett, Irving Senzel,
Frank Hutchinson, July 26, 1971, ANILCA before 1969, Rights Protection
Division, BIA, USDI.
22. Arnold, Native Land Claims p. 119.
23. John McPhee, Coming into the Country (New
York: Farrar, Straus and Giroux, 1977), p. 152; Quoted in Arnold,
Native Land Claims, p. 136.
24. Hanrahan and Gruenstein, Marketing of
Alaska, p. 95; State of Alaska, Legislative Affairs Agency,
Alaska National Interest (D-2) Lands A History and Review of
Legislation, (Juneau: Legislative Affairs Agency, 1977), p. 1. In
1970 a federal district court judge ruled that the pipeline could not be
laid across the Yukon River Valley until the land claims of the Natives
there were satisfied.
25. Minutes of the 1963 Annual Meeting of the
Council of the Wilderness Society at Camp Denali . . . July 1 to 6, 1963
. . ., Conservationists Involvement with AlaskaTWS thru 1975, Swem
Papers.
26. Robert Cahn, The Fight to save Wild
Alaska (Washington D.C.: The Audubon Society, 1982), p. 10;
Interview of Bailey Breedlove, November 10, 1983; Interview of David
Hickock by Frank Williss, November 10, 1983; Interview of Celia Hunter
by Frank Williss, November 7, 1983; Statement of Mark Ganapole, in U.S.
Congress, House, Committee on Interior and Insular Affairs, Subcommittee
on General Oversight and Alaska Lands, Inclusion of Alaska Lands in
National Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers
Systems, Hearings on H.R. 39, et al., 95th Cong., 1st
sess., August 12, 1977, XI:100-103. The group, which met evenings and
weekends at the urging of Mark Ganapole (now Mrs. David Hickock), called
themselves the "The Living Room Floor Map and Debating Society."
One area that the Alaska Wilderness Council recommended was a
7,767,600-acre park in the Brooks Range. "Gates of the Arctic National
Park A Proposal for a National Park in the Brooks Range," 1971,
A58-GAAR, ARO Central Files, Inactive, ARO.
227. Cahn, Wild Alaska, p. 10; Edgar Wayburn
to George B. Hartzog, Jr., August 10, 1970, Alaska up to Native Claims,
Swem Papers; Telephone Interview Doug Scott by Frank Williss, May 10,
1984.
When the Sierra Club presented its suggestions for
possible national monuments to the Interior Department in 1968, the
twenty-seven potential areas included none in Alaska. Husted, "History
of the Johnson Proclamations," p. 7.
228. Wilderness Report, VI (September 15,
1969), Historical FilesOld Kasaan, Brown Files, ARC; Interview of
Celia Hunter, November 7, 1983; Interview of Merrill Mattes, June 21,
1983; untitled MS by Richard J. Gordon, March 12, 1969, ARC Central
Files - Inactive ARO. Gordon recommended among other things, a two-unit
park of 8,600 square miles (approximately 5,504,000 acres) in the Brooks
Range that would become the first preserve in the National Park
System.
Mattes, who was in Fairbanks when news of discovery of oil on the
North Slope was announced, remembers discussing with his collegues that
preservation of wilderness areas would be more urgent than ever.
229. Interview of Celia Hunter, November 7, 1983;
Interview of David Hickock, November 10, 1983; Interview of Chuck Clusen
by Frank Williss, December 6, 1983.
30. Jack Hessian, "D-2 Lands Originated with
Federal Field Committee," September 17, 1974, Alaska Regional Office
Clipping File, Special Collections Division, DPL; Interview of David
Hickock, Nov. 10, 1983.
31. Federal Field Committee Economic Development
in Alaska, p. 27. Similar sentiments were at least implied in the
Committee's 1968 report, Alaska Natives and the Land (Washington,
D.C.: GPO, 1968), prepared by the committee at the request of the Senate
Committee on Interior and Insular Affairs for use in Congressional
deliberations on Alaska Native claims.
32. Interview of David Hickock, November 10,
1983.
33. Cahn, Wild Alaska, p. 11; Interview of
David Hickock, November 10, 1983. Cahn indicates that Hickock wrote the
provision in 1970. However, Hickcock said that the date was 1969.
Whatever the year, it was not included in the bill as introduced on
April 15, 1969. U.S., Congress, Senate, A Bill to provide for the
settlement of certain land claims of Alaska Natives, and for other
purposes, S. 1830, 91st Cong., 1st sess, 1969.
34. Congressional Record, Senate, January
15, 1970, p. 24424.
35. Mary Berry offers a fascinating view of events
in the House committee during the final days. Alaska Pipeline,
pp. 134-37.
36. George Alderson (for the Alaska Coalition) to
Dear Senator, October 28, 1971, form letter in support of an amendment
proposed by Senator Alan Bible, H.R. 10367 (S 35), Legislative Files,
Papers of Alan Bible, Special Collections Library, University of
Nevada-Reno, Reno, Nevada; Statement of Dr. Edgar Wayburn, in U.S.,
Congress, Senate, Committee on Interior and Insular Affairs, Alaska
National Interest Lands, Hearings on S. 1687 . . . et al., 94th
Cong., 1st sess., 1975, p. 191.
Organizations listed in the Alderson letter were Environmental
Action, Friends of the Earth, the Wilderness Society, National Wildlife
Federation, Sierra Club, Zero Population Growth, Alaska Action
Committee, and Trout Unlimited. Dr. Wayburn listed the Alaska
Conservation Society, Alaska Wilderness Council, Alaska Center for the
Environment in Anchorage, Fairbanks Environmental Center, National
Audubon Society, National Parks and Conservation Association, Defenders
of Wildlife, Friends of the Earth, American Rivers Conservation Council,
Wilderness Society, and Sierra Club.
37. "Statement on H.R. 3100 and Related Bills to
Provide for Settlement of Certain Land Claims of Alaska Natives by
Stewart M. Brandborg, House Committee on Interior and Insular Affairs,
May 3, 1971," Conservationists Involvement in AlaskaTWS Thru 1975,
Swem Papers; U.S., Congress, House, Committee on Interior and Insular
Affairs, To Provide for the Settlement of Certain Land Claims of
Alaska Natives, Hearings on H.R. 3100, H.R. 7038, H.R. 7432, 93rd
Cong., 1st sess., May 1971, pp. 335-41; Berry, Alaska Pipeline,
p. 166; Cahn, Wild Alaska, p. 11; Telephone Discussion with Harry
Crandell, March 20, 1984.
Congressman John Dingell, moreover, asked the Bureau of Sports
Fisheries and Wildlife to develop "an optimum refuge system for Alaska,"
and that bureau had undertaken an effort to inventory and document
waterfowl and wildlife areas in the state. Congressman Wayne Aspinall
opposed Dingell's efforts. "Notes on Meeting with Congressman John
Dingell and Legislative Committee Counsel Ned Everett--October 28,
1971," Fish and Wildlife Service, Swem Papers; Gordon Watson to All
Project Leaders, June 4, 1971, Ibid.; R.L. Means, "Materials
transmitted to Aspinall", October 19, 1971, Ibid.
38. U.S., Congress, House, Hearings on H.R.
39, . . ., 1977, V: 16.
39. Interview of George B. Hartzog, Jr., December
7, 1983; Interview of Richard Stenmark, July 26, 1983. Hartzog had
intended to go to Alaska in any case, at the urging of staff of the
Alaska Office.
40. Trip Itinerary, August 7-22, 1971, "H.R. 10367
(S. 35), Amendment to Alaska Native Claims Settlement for review by
Secretary of the Interior, of classified and public lands," Legislative
Files, Bible Papers; Interview of George B. Hartzog, Jr., December 10,
1983; Interview of John Rutter, May 16, 1984. Pacific Northwest Regional
Director Rutter, and Sierra Club President Edgar Wayburn traveled with
the group for a time, as did Deputy Director Thomas Flynn.
41. Interview of George B. Hartzog, Jr., December
7, 1983; Theodor R. Swem, Personal Notes, January 18 and 27, 1972, Swem
Papers; George B. Hartzog, Jr. to Rogers C. B. Morton, March 6, 1972,
ANCSA Implementation, 1971-April 1972, Swem Papers; George B. Hartzog,
Jr. to Nathaniel P. Reed, November 22, 1971, Ibid; Interview of
John Cook by Frank Williss, January 26, 1984. Mr. Cook, who received his
information from a discussion with Senator Bible, substantiated Mr.
Hartzog's account.
42. Interview of George B. Hartzog, Jr., December
7, 1983; Hartzog to Assistant Secretary for Fish, Wildlife, and Parks,
November 22, 1971, ANCSA Implementation, 1971-April 1972, Swem Papers;
Hartzog to Rogers C.B. Morton, March 6, 1972, Ibid.; Interview of
Harry Crandell by Frank Williss, December 7, 1983; "Potential National
Parks and Monuments in Alaska," undated map in Swem Papers; Diary of
Theodor R. Swem, entries for November 15 and 19, 1971, Swem Papers. The
map, which is included as Illustration 3 was prepared for Mr. Hartzog's
use between November 15 and 19, 1971.
43. Bernard R. Meyer to Director, August 26, 1971,
L-58-170 (N), Alaska State Files, Office of Legislation, WASO. This
memo, which explained what actions the secretary could take to implement
Hartzog's suggestion, described the August 14 memorandum.
44. Information given by Mr. Hartzog to Edwin C.
Bearss, Chief Historian, National Park Service; Interview of Theodor R.
Swem, June 8, 1983. Apparently, for some unexplained reason, two
different versions of an amendment were prepared. No copy of either was
found.
45. Comments by Senator Bible on amendment to S.
35, Congressional Record, Senate, November 1, 1971, p. 38451;
Telephone discussion with Harry Crandell, March 20, 1984; Cahn, Wild
Alaska, p. 11; Telephone Interview of Doug Scott, May 10, 1984.
Wayburn, who approached Senator Bible after the September 1971 Sierra
Club Biannual Wilderness Conference, had traveled for a time with
Senator Bible and George Hartzog in Alaska in August.
46. Material consulted, as well as individuals
contacted did not provide a definitive answer to this question. Among
those contacted were George Hartzog, Thomas Flynn, Theodor Swem, James
M. Lambe, Doug Scott, Senator Bible, and three former congressional
staff membersBill Van Ness, Roy Whitacre, and Dwight Dyer.
One version of the events suggests that Park Service
staff prepared a draft amendment, but did not give it to Senator Bible
when it was learned that the conservation community had previously
submitted one. It has not been possible to confirm this version.
47. Interview of George B. Hartzog, Jr., December
7, 1983; Personal Notes of Theodor Swem, January 18 and 27, March 9,
1972; Hartzog to Rogers C.B. Morton, March 6, 1972, ANCSA
Implementation, 1971-April 1972, Swem Papers.
48. Congressional Record, Senate, November
1, 1971, p. 38453. Director Hartzog and Senator Bible visited all three
areas the previous >August.
49. Congressional Record, Senate, December
14, 1971, p. 2156.
50. Virtually everyone has agreed that Senator
Bible's amendment was directly related to the trip. See, for example,
comments by Morris Udall, Congressional Record, House, December
13, 1971, p. 12462; Comments by Henry Jackson, Congressional
Record, Senate, December 14, 1971; and comments by Ted Stevens,
Congressional Record, Senate, November 1, 1971, p. 38453.
51 . "Alaska Native Claims Settlement Act, Public
Law 92-203, December 18, 1973," by Robert E. Price, January 13, 1972,
ANCSA, Box 20, Alaska Task Force Files, FARC, Seattle.
52. Berry, Alaska Pipeline, p. 185;
Telephone discussion with Paul Kirton, April 27, 1983; U.S., Congress,
House, Committee on Interior and Insular Affairs, Providing for
the Settlement of Land Claims of Alaska Natives: Report Together with
a Dissenting View to Accompany HR 10367, 92d Cong., 1st sess.,
September 28, 1971. The committee accepted arguments that the provision
was not germane, and defeated it by a vote of 26-10.
53. The Kyl amendment excluded Native and state
selections, as well as land for the oil pipeline from Prudhoe Bay to
Valdez. Berry, Alaska Pipeline, p. 186; Congressional
Record, House, October 20, 1971, p. 37075.
54. Cahn, Wild Alaska, p. 12; Interview of
Harry Crandell by Frank Williss, December 7, 1983; Interview of Chuck
Clusen, December 6, 1983; Interview of David Hickock, November 10, 1983.
There is some disagreement as to the amount of land agreed upon at the
meeting. Cahn indicates that Udall decided upon 100,000,000 million
acres, 50,000,000 less than that proposed by Stewart Brandborg. Dave
Hickock recalls that an 80,000,000-acre figure was reached at that
time.
Regardless, negotiations between Udall and Saylor regarding the
amount would follow. After these negotiations, 100,000,000 acres was the
agreed upon amount. Telephone interview of Doug Scott, May 11, 1984.
Scott acted as a go-between in the negotiations between Udall and
Saylor.
55. U.S., Congress, House, A Bill to Provide for
the Settlement of Certain Land Claims of Alaska Natives, and for Other
Purposes, H.R. 11254, 92d Cong., 1st sess., 1971; Congressional
Record, House, October 14, 1971, pp. 36267, 36270; October 20, 1971,
p. 37075.
56. Ibid. Among the areas previously
classified were Rampart Dam withdrawal, Naval Petroleum Reserve
Numbered 4, Copper River classification, Iliamna Classification, and
proposed Brooks Range classification. The last three were classified for
multiple-use under the Classification and Multiple Use Act of 1964
(which expired December 23, 1970). The classifications placed
restrictions on the lands and removed them from operation of certain of
the public land laws. George Turcott to Asst. SecretaryPLM,
January 28, 1972, 2300 (320) ANCSA, Records of the Bureau of Land
Management, ANILCA Papers, USDI.
It must be made clear, however, that Representative Udall intended
that the overwhelming majority of lands would go to Park, Refuge, and
Wild and Scenic Rivers systems.
57. Congressional Record, House, October 20,
1975, p. 37076. Congressman Nick Begich of Alaska insisted that the
total area included was 130,000,000 acres.
58. Congressional Record, House, October 20,
1971, p. 37076.
59. Telephone Interview of Doug Scott, May 11,
1984; Interview of A. Durand Jones by Frank Williss, May 15, 1984.
60. Berry, Alaska Pipeline, p. 194;
Telephone Interview of Doug Scott, May 11, 1984.
61. Congressional Record, Senate, November
1, 1971, p. 38451.
62. Ibid.
63. Ibid.
64. Congressional Record, Senate, November
1, 1971, Pp. 38457-453; Arnold, Native Land Claims, p. 145.
65. Berry, Alaska Pipeline, pp. 210-11;
Statement of Senator Ted Stevens, Hearings on HR 39, et.
al., 1977, I: 116-17; Conference Report to accompany H.R.
10567, p. 34; Telephone discussion with Harry Crandell, March 20,
1984. Efforts to examine the notes kept by the House conferees have been
fruitless. Information from staff at the National Archives indicates
that Senate Conferees kept no notes.
Interestingly, the 80,000,000-acre figure agreed upon is the same as
that George Hartzog and Senator Bible discussed when they returned from
Alaska in August.
66. Morris Udall and John Saylor to Rogers C.B.
Morton, January 11, 1972, ANCSA Implementation, 1971-April 1972. This
view was accepted by the Interior Department. Swem Papers; Conference
Report to accompany H.R. 10367, pp. 44-46; Berry, Alaska
Pipeline, pp. 210-11. Senator Bible's amendment, it should be noted,
included no limit on the amount of land that could be withdrawn for
study.
67. Telephone Interview of Harry Crandell, December
7, 1983; Interview of Dave Hickock, November 10, 1983; Congressional
Record, House, October 20, 1971, pp. 33076; "Senator Ted Stevens s
comments at Alaska Proposals Briefing, November 8, 1973."
ANCSA-Implementation, 1974, Swem Papers.
68. Senator Lee Metcalf once said in a moment of
exasperation, "That was a lawsuit we wrote." Quoted in Hanrahan and
Gruenstein, Marketing of Alaska, p. 100.
69. P.L. 92-203, Dec. 18, 1971; Frank A. Bracken to
Secretary [of the Interior], Dec. 29, 1971, Alaska Native Claims
Settlement Act, Swem Papers; Paul Kirton, "Summary of Questions and
Answers Concerning Alaska Native Claims Settlement Act," undated [19721
MS in Ibid. The $962,500,000 would come from Congressional
appropriations ($462,500,000 over an eleven-year-period), and mineral
revenues from state and federal lands ($500,000,000).
70. Arnold, Native Claims, p. 153; Dean F.
Olson, "Native Land and CapitalAn Initial Inquiry into Alaska
Native Land Claims Settlement Act Corporation," undated MS in File
A-22-Ahtna, Mount McKinley Keyman Files, Box 31, Alaska Task Force
Files, RG 79, FARC, Seattle. The corporation concept was first proposed
in a bill prepared by Governor Hickel's Task Force in 1978.
71. The 14(h)(1) provision is discussed in chapter
5. See also Melody W. Grauman "The ANCSA 14 (h)(1) Program," CRM
Bulletin vol. 3 (Sept. 1979) pp. 4-5.
72. Conference Report to Accompany HR 10367,
p. 3.
73. Ibid; "Remarks of Jack Horton . . ., September
28, 1972," A-94-FSLUPC, Box 5, Alaska Task Force Files, RG 79, FARC,
Seattle. One of the four appointed by the governor had to be an Alaska
Native.
74. PL 92-203, December 18, 1971; Conference
Report to Accompany H.R. 10367, p. 44. Berry, Alaska
Pipeline, p. 211-12.
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