ALASKA OUTDOOR COUNCIL
PO Box 73902
Fairbanks, AK 99707-3902
Tel./FAX: (907) 455-4AOC (4262)
e-mail: outdoor@polarnet.com
www.ptialaska.net/~outdoor1

May 21, 1999

The Honorable Don Young
2111 Rayburn House Office Building
US House of Representatives
Washington, DC 20515-8201

Dear Congressman Young,

This letter and the attached recommended amendments to H.R. 701 amplify on the excellent testimony and suggested amendments presented by former Commissioner Carl Rosier March 31, 1999 on behalf of the Alaska Outdoor Council.

As Commissioner Rosier concluded, H.R. 701 offers a substantial benefit to management of fish and wildlife throughout the country, as well as in Alaska.

We applaud the innovative process for extending the OCS revenues to the States. In particular, the departure from the previous "Teaming with Wildlife" strategy for funding additional fish and wildlife research, management and education is a welcome change. We congratulate you on achieving the depth and breadth of political support for H.R. 701, and we extend the same to Senator Murkowski for his work on S. 25. In general our comments apply to both bills.

H.R. 701 is a comprehensive and complex bill, with many benefits to the states in several areas of public interest. Along with those benefits come some substantial concerns, not the least of which is the parade of "copy cat" legislation from members of Congress and from the President, none of whom are friends of private property owners, fishers, hunters, trappers and other outdoors people.

We are concerned that in the course of Congressional consideration the benefits of H.R. 701 may be diminished while the liabilities will be enhanced. And in all honesty, H.R. 701, and S. 25, do have provisions we view as liabilities. To a large extent, those liabilities are the point of the attached recommended amendments.

The concerns we have fall into several categories: (1) Despite the provisions intended to protect private property owners, we agree with Senator Wallop and numerous others that unfettered access to funds by federal agencies is an invitation to inappropriate pressure by those agencies to create "willing sellers". The same concern relates to State use of their funds. We believe that oversight of federal and state land acquisition by legislative bodies is essential. (2) A common cry among federal and State agencies is "no money" for maintenance or rehabilitation. H.R.. 701 and S. 25 need to be amended to accommodate this need. (3)We believe there is no significant reason to allow acquisition of more lands by federal agencies in Alaska. That view was expressed in ANILCA and should be reaffirmed in H.R. 701.

Given the obligations of the states to coordinate plans for use of available funds, and given the responsibilities and authorities of states with respect to matters such as natural

resources management, public access on public lands and navigable waters, water quality and law enforcement, "political subdivisions" should all be subject to the laws of the state in which they are to located. To do otherwise is to invite conflict and more lawsuits, at least in Alaska.

H.R. 701 goes much further than "Teaming with Wildlife" did in recognizing, the legitimacy and importance of fishing and hunting and the long-term support of conservation by fishers and hunters. However, the bill fails to provide adequate protection for consumptive uses on lands that are acquired, and adequate emphasis on the legitimacy of using these lands for traditional consumptive uses, research and management. This is particularly vexing, considering the recognition of fishers' and hunters' long-term support and broad conservation efforts, not just those directly related to "huntin' an' fishin'".

There is certainly a need to develop a broader and better appreciation for the importance of sound conservation of non-game fish and wildlife and those species fished and hunted, as well as their habitats. But there is no justification for, inadvertently or otherwise, having traditional fishing' hunting and trapping and their management shunted to "the back of the bus". Nor should fish and wildlife enforcement be neglected in relation to either "hunted" or "non-hunted" species and programs.

We look forward to your consideration of our recommended amendments, and the possibility of fully endorsing H.R. 701 and S. 25 if these substantive concerns are addressed.

Sincerely,

Richard H. Bishop
Vice President
Alaska Outdoor Council

cc:
Representative Dingell
Senator Murkowski
Senator Stevens
Senator Landrieu
Senator Breaux
Senator Lott
Senator Drue Pearce, Alaska Legislature
Senator Robin Taylor, Alaska Legislature
Representative Brian Porter, Alaska Legislature

Congressman Young - Attachment

PROPOSED AMENDMENTS TO H.R. 701 AND S. 25

(Additions underlined; deletions bracketed)

Title 1, Section 102 (2)

• The definition of "coastal population" should be:

  (2) The term 'coastal population' means the population of all political subdivisions, as determined by the most recent official data of the Census Bureau, and concurred in by the State, [contained in whole or in part] within the designated coastal boundary of a State as defined in a State's coastal zone management program on January 1,1995, under the Coastal Zone Management Act (16 U.S.C. 1455), or within 20 miles of the coastline defined in 43 U.S.C 1301 et. seq if a State lacks a Coastal Zone Management program as of that date

.

Section 102 (11)

• The definition of "political subdivision" needs change as follows:

  (11) The term 'political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that is subject to State law in all respects and that functions in lieu of, and is not within a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as political subdivision for purposes of this title.

Section 103 (2)

• This description about allocable share is confusing. If there are several lease tracts offshore of a State, how does the distance factor for each leased tract become part of the proportion, percentage, or index that is applied to determine the State's total allocation?

Section 104 (1)

• SEC. 104. USES OF FUNDS.

  Funds received pursuant to this title shall be used by the coastal States and eligible political subdivisions for the following projects and activities: (1) Air quality, water quality, fish and wildlife (including cooperative or contract research on marine [fish) ecosystem), wetlands, or other coastal and estuarine resources.

Section 105 (a)

SEC. 105. OBLIGATIONS OF STATES AND ELIGIBLE POLITICAL SUBDIVISIONS.

• (a) STATE PLANS - Within 1 year after the date of enactment of this Act, the Governor of every State eligible to receive moneys from the Fund shall develop a State plan for the use of such moneys and shall certify the plan to the Secretary. The plan shall be developed with public participation and shall include the plan for the use of such funds by every political subdivision of the State eligible to receive moneys from the Fund. The Governor shall certify to the Secretary that the plan was developed with public participation and in accordance with all applicable State laws including, but not limited to, legislative appropriation authorities. The Governor shall amend the plan, as necessary, with public participation, but not less than every 5 years.

TITLE 11

Section 201 (a)

• Add a new subparagraph (6) as follows:

  (6) The proper stewardship of Federal lands and public facilities requires that a significant portion of Federal Land and Water Conservation Funds moneys be dedicated to maintenance and rehabilitation.

Section 202 (c)

• (c) OUTER CONTINENTAL SHELF REVENUES- (1) 23 percent of the qualified Outer Continental Shelf revenues (as defined in section 102 of the Conservation and Reinvestment Act of 1999) shall also be credited to a separate account in the Land and Water Conservation Fund in the Treasury in each fiscal year through September 30,2015. Revenues covered into the fund under this subsection shall be available, without further appropriation, in the next succeeding fiscal year to carry out this Act. To the extent that such revenues in a fiscal year exceed $900,000,000, such excess shall be available, (without] subject to further appropriation, in the next succeeding fiscal year for obligation or expenditure under chapter 69 of tide 31 of the United States Code (relating to PILT) or under section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s).

Section 202 (c)

• Add a new subparagraph (2) as follows and renumber the remainder of the section to conform with the change.

  (2) Proposed land acquisitions shall be submitted for review by the Governor and Legislature of the State wherein the acquisitions are proposed. Comments by the Governor's and Legislatures shall be solicited by Congress. Any and all proposed acquisitions of lands, water, or interests in lands, water, other natural resources, and properties shall be subject to Congressional approval.
  (3) No lands, waters, or areas affected by interests in lands or waters, acquired under this section shall be closed to fishing, hunting, trapping, or public access except acquisitions in National Parks other than National Parks in Alaska. However, no additional private lands may be acquired in Alaska by federal agencies without specific Congressional approval.

Section 202.

• Page 21, line 3, after "Agriculture" add "for the maintenance and rehabilitation of lands, water, and facilities, and". Do the same at line 11 after "Interior".

  Page 25, line 8, after "governments" delete "and Federal agencies".

  Page 25, line 9, after "citizens" add "and Federal agencies".

TITLE III

Section 301 (1)

• Page 35, line 24, after "recreational " add "nutritional".

Section 301 (2)

• Page 36, line 3, after "understand " add "harvest".

Section 301 (3)

• Line 8, after "citizens" delete "who engage in", and replace with "associated with"; after "activities" add, "and for sound management for the benefit of a citizens;

Section 301 (7)

• Page 37, line 5, after "of" add "fish and". Use "fish and wildlife" in place of "wildlife" throughout, rather than just "wildlife".

Section 303 Definitions

• Page 39, line 20, after "the" add "historical harvest levels", delete taking.

  Page 40, line 7, after "term" add "fish and".

  Page 40, line 14, after "hunting" add "trapping".

  Page 40, line 2 1, after "stewardship" add "among consumptive and non-consumptive users.

Section 304. SUBACCOUNT AND REFUNDS.

• Page 42, line 11, after "are" add "hunted and fished and those that".

 

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