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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.
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 Alaska—TWS 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 Files—Old 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 Alaska—TWS 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 members—Bill 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. Secretary—PLM, 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.
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 Capital—An 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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