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APPENDIX III

MONDAY, JULY 26, 1982

ADDITIONAL MATERIAL Submitted for the Hearing ReCORD

STATEMENT OF WILLIAM P. HORN, DEPUTY UNDER SECRETARY OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON PUBLIC LANDS AND NATIONAL PARKS, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, U.S. HOUSE OF REPRESENTATIVES, ON H.R. 6471, A BILL "FOR THE ACQUISITION BY THE UNITED STATES BY EXCHANGE OF CERTAIN NATIVE OWNED LANDS OR INTEREST IN LANDS IN ALASKA."

JULY 26, 1982

Mr. Chairman, I am pleased to appear before you today to discuss the Department's views on H.R. 6471.

H.R. 6471 would provide that, in exchange for conveyance to the United States by Koniag, Incorporated, a Regional Native Corporation, of certain lands within or adjacent to the Kodiak National Wildlife Refuge, the Secretary would issue certificates of bidding rights for use in competitive lease sales conducted under the Outer Continental Shelf Lands Act to certain Alaska Native village corporations or to Koniag, Incorporated. Lands acquired in the exchange would become part of the Kodiak National Wildlife Refuge.

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Kodiak National Wildlife Refuge encompasses 1,865,000 acres on Kodiak and Uganik Islands, two of a group of islands that lie at the western border of the Alaska Gulf. This refuge provides particularly valuable habitat for the great Kodiak brown bear, one of the largest carnivores in the world. The brown bear is an animal requiring large areas of undisturbed habitat for survival, and the refuge is managed so as to conserve this and other wildlife species whose very preservation depends upon maintaining a natural environment.

For a considerable time, the Department of the Interior and Koniag, Incorporated, have been exploring the possibility of exchanging about 250,000 acres of nonFederal inholdings within the Kodiak National Wildlife Refuge, for appropriate

interests. The Department views an exchange of these lands for possible inclusion in the Refuge with great interest. We are currently evaluating the resource value of the lands and believe that there is a good possibility that the lands will prove suitable for return to the National Wildlife Refuge System. A detailed assessment of needs and priorities for acquisition will be addressed in the comprehensive conservation plan for the Kodiak National Wildlife Refuge, which is required by title 3 of the Alaska National Interest Lands Conservation Act (ANILCA).

However, we cannot support the type of acquisition specifically contemplated by H.R. 6471. The bill would not provide for an exchange of lands of approximately equal value, as is the Congressionally mandated policy of title 13 of ANILCA, but would simply provide for an indirect means of cash acquisition. Use of any bidding rights issued under the bill would decrease actual revenues received by the United States and thus have the same effect on the Federal budget as would a cash acquisition. In these times of limited fiscal resources, we believe that we must make every effort to maximize Federal revenues and limit our outlays to activities assuring proper management of areas already owned by the Federal Government.

Although we are therefore opposed to enactment of this specific measure, we are continuing our evaluation of the lands and expect to pursue acquisition by other available means. We will, for example, vigorously investigate the possiblities of exchanges under section 1302(h) of ANILCA and section 22(f) of the Alaska Native Claims Settlement Act (ANCSA). These sections authorize the Secretary to

exchange lands or interests in lands with Native corporations, the State, or individuals.

Finally, we will explore other means to achieve the goal of an exchange of interests other than land if the revenue impact of such an exchange is minimal and if its implementation is consistent with the policy underlying title 13 of ANILCA.

In closing, let me emphasize again that while we cannot support H.R. 6471 in its current form, we continue to be interested in the possibilities of an exchange for the lands involved. We will continue to work closely with Koniag and the Congress in an effort to resolve this question in a manner satisfactory to all the parties involved.

Mr. Chairman, this completes my prepared statement. I will be happy to answer

any questions you or the members of the Subcommittee may have.

THE WILDERNESS SOCIETY

FOUNDED IN 1935

July 23, 1982

The Honorable John F. Seiberling
Subcommittee on Public Lands and
National Parks

US House of Representatives
Washington, D.C. 20515

Dear Congressman Seiberling:

It is our understanding that your committee has scheduled a hearing on Monday, July 26, for consideration of HR 6471. This legislation, introduced by Congressman Young of Alaska, would provide for acquisition of certain Native-owned lands within and adjacent to the Kodiak National Wildlife Refuge for inclusion in the National Wildlife Refuge System, to be administered by the Interior Department's US Fish and Wildlife Service (FWS). HR 6471 not only would further the purposes of the Alaska National Interest Lands Conservation Act of 1980 (ANILCA) through enhancement of the refuge values for which the Kodiak National Wildlife Refuge was created, but would also allow the Koniag Regional Native Corporation to achieve the economic benefits which are to be provided under the terms of the Alaska Native Claims Settlement Act of 1971 (ANCSA). I would like to take this opportunity, on behalf of The Wilderness Society, to express strong support for the above legislation as well as commend the initiative of both Mr. Young and your committee in encouraging a legislative solution to that which is a serious public lands problem.

Since enactment of ANCSA in 1971, large scale Native inholdings on the Kodiak NWR have constituted a major impediment to Native-FWS relations that challenges both full realization of refuge values and the Natives' opportunity to realize the full benefit of their fee interest. So long as the Koniag inholders and federal land managers are obliged to pursue their conflicting interests alongside one another, a situation prevails which frustrates the entirely understandable desires and objectives of each. The Society believes that a negotiated exchange of United States interests in land, in the form of Outer Continental Shelf (OCS) "bidding certificates" carrying near-term realizable value, for Koniag's fee interest in lands on Kodiak Island offers a logical and practical solution to the problems created by vast Native inholdings on the Kodiak NWR.

1901 PENNSYLVANIA AVENUE, N. W., WASHINGTON, D. C. 20006

(202) 828-6600

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