A review of how the 111th Congress acted on wilderness legislation shows that the National Park System benefited quite nicely, but it could have fared better.
According to Frank Buono, a former National Park Service official who now tracks wilderness issues, "the 111th Congress designated wilderness in more separate park units (6) than in any Congress since 1980 in the Carter Administration."
That said, he notes that "the number of acres designated was dwarfed by the park wilderness in the 1980 Alaska National Interest Lands Conservation Act, and in the California Desert Protection Act of 1994."
As, it seems, with any other legislation coming out of Washington these days, the wilderness provisions at times cover more than wilderness issues. For instance, notes Mr. Buono, "(T)he 111th Congress also adopted a provision that is unprecedented in the history of National Park System wilderness. Senator Diane Feinstein (D-CA) inserted a provision into an Interior Appropriations Act to allow the Secretary to permit for a ten-year period a commercial aquaculture operation in an area of designated potential wilderness in Point Reyes National Seashore, California.
"Specifically, Section 124 of the Interior Appropriations Act for Fiscal Year 2010 (October 30, 2009) authorizes the Secretary of the Interior to renew a permit for a commercial oyster farm in Drakes Bay, an area designated as potential wilderness in 1976, for a ten year period, beginning on November 30, 2012," he notes. "The authorization for the oyster farm in the Drakes Bay Estero was due to expire in 2012. At that point the nonconforming use would have ceased, enabling the NPS to convert the potential wilderness into full wilderness by publication of a Federal Register notice."
Here's a recap of recent congressional action on wilderness issues from Mr. Buono:
Senator Thomas Coburn (R-OK) almost single-handedly blocked any wilderness designation in the ending days of the 110th Congress. In response, Senate Majority Leader Harry Reid (D-NV) placed an omnibus federal lands bill at the top of the Senate calendar in 2009. The 111th Congress hit the ground running on park wilderness, and other public land issues. On March 30, 2009, President Obama signed into law Public Law 111-11. The law designated wilderness in six areas of the national park system. They are (in alphabetical order):
1. Joshua Tree National Park (California) - Congress designated 36,700 additional acres of wilderness and 43,300 acres of potential wilderness in Joshua Tree. The new wilderness came on lands that were Joshua Tree by the California Desert Protection Act of 1994. Joshua Tree became the first park in which Congress acted on three separate instances to designate wilderness.
2. Pictured Rocks National Lakeshore (Michigan) - Congress designated 11,740 acres as the Beaver Basin Wilderness in Pictured Rocks.
3. Rocky Mountain National Park (Colorado) - Congress designated approximately 249,339 acres of Rocky Mountain National Park as wilderness.
4/5. Sequoia and Kings Canyon National Parks (California) - Congress established the John Krebs Wilderness in the Mineral King area of Sequoia National Park, encompassing 39,740 acres and 130 acres of potential wilderness. Congress also designated 45,186 additional acres of wilderness in the Sequoia-Kings Canyon Wilderness. The John Krebs Wilderness is one of only three NPS wilderness areas where Congress did not make the references in the Wilderness Act to the “Secretary of Agriculture” applicable to the “Secretary of the Interior.” Thus the “special provisions” in the Wilderness Act found at section 4(d) are inoperative in the John Krebs.
6. Zion National Park (Utah) - Congress designated 124,406 acres of Zion as wilderness. Zion is one of the three NPS wilderness areas where Congress did not make the references in the Wilderness Act to the “Secretary of Agriculture” applicable to the “Secretary of the Interior.” Thus, the “special provisions” in the Wilderness Act found at section 4(d) are inoperative at Zion.
The 111th Congress designated wilderness (including potential wilderness) within the National Park System of approximately 550,000 acres.
While the additions certainly are welcome, the list of parks that have no officially designated wilderness is not short and, in some cases, quite surprising. For instance, neither Yellowstone nor Glacier have officially designated wilderness. Nor do Canyonlands, Voyageurs, Grand Canyon, Great Smoky Mountains, Big Bend, Grand Teton, Craters of the Moon National Monument, Cumberland Gap National Historical Park, or Sleeping Bear Dunes National Lakeshore.
Wilderness designations can be contentious issues. Mining interests oppose them because they can put potential reserves out-of-bounds. Developers can't open up roads. And even mountain bikes can't negotiate them because of The Wilderness Act's prohibition against any "form of mechanical transport."
How important are the designations? In places such as Glacier or Yellowstone probably not overly so, as the rough and rugged backcountry of these places is managed for their wilderness qualities and not likely to be intruded upon by roads or structures. At the same time, lacking official wilderness designations, these landscapes could still be eyed for communication towers or mountain bike trails, Park Service officials have noted.
Comments
I think the end is near for some of the National Parks, including our Voyageurs National Park. People in the area are pushing to have it changed to a national wildlife area. I put a poll on my web site http://lakekabetogama.org pertaining to this issue and the results are overwhelmingly in favor of eliminating the National Park designation. Obama's Debt Reduction Committee has also recommended closing some national parks.
"For instance, neither Yellowstone nor Glacier have officially designated wilderness. Nor do Canyonlands, Voyageurs, Grand Canyon, Great Smoky Mountains, Big Bend, Grand Teton, Craters of the Moon National Monument, Cumberland Gap National Historical Park, or Sleeping Bear Dunes National Lakeshore."
In the case of Voyageurs National Park, we get no visitors, and the Park Service has done nothing to develop any trails. More info at http://lakekabetogama.org
Kurt, the record shows that Congress expected the oyster farm would continue as a pre-existing non conforming use within wilderness. I am certainly not the only one who holds this opinion. This fact is found in the congressional record, and was provided to you by Jeffrey Creque.
Neither of us is aware of any 1970's Interior Department directive to remove the oyster farm in 2012--nor are any of our sources. This claim has been repeated often, but there is no known evidence for it.
If it is it true that there was a 1970's Interior Department directive that overturned congress' plan to continue the aquaculture within the Point Reyes wilderness, there should be a citation.
Could you provide that, please?
This is a serious issue, and if you are going to take a stand on it, you are obligated to back up your claims.
Sarah,
If you can point to a specific section of the authorizing legislation for the seashore or the related Point Reyes Wilderness Act that allows continued operation of the oyster farm beyond 2012, and not simply quotes from the authors of the act, that'd be helpful. The review conducted by the Interior Department's Office of the Solicitor found no such binding directive in reaching the conclusion that the NPS was not obligated to extend the farm's lease beyond 2012.
And if such provisions did indeed exist, why did Sen. Feinstein feel it necessary to insert a rider into an appropriations bill giving the Interior Department the authority to renew the lease? And in her letter of May 2009 to Interior Secretary Salazar the senator specifically used the word "renew" in asking him to allow the Drakes Bay oyster farm to continue operations. She doesn't cite any existing congressional intent to allow continued operation.
Here's how the Solicitor's Office interpreted the matter in February 2004 correspondence to the Park Service. Not only do these documents specifically note that "Tom Johnson, as a condition of his sale to the Park Service, reserved the right to operate an oyster farm for 40 years until 2012," but they add that the Park Service could withdraw that right at any time for operational violations.
The bottom-line, according to the solicitor, is summed up in two paragraphs:
The solicitor's findings were cited, and included, in the National Research Council's 2009 critique of the Park Service's report on how the oyster farm impacts the estero. If you have a more recent opinion that overturns these findings, I'd certainly be interested in seeing it.
I've pasted the Research Council's narrative on this aspect of the lease, including the solicitor's findings, below, or you can find them at the Research Council's website.
Here are the specific documents (ie. memoranda) from the solicitor's office, as cited by the Research Council. (Unfortunately, the maps and various attachments mentioned in the documents were not on the council's website):
Here's that separate document:
I would note that the 1972 RUO with Johnson's did include a renewal clause which either wasn't mentioned in the docs you cite or that could have been edited by Kurt. Whether that would have been overridden by the 1976 Point Reyes Wilderness Act is subject to debate, although some Interior Dept opinions are that it is. In any case, Sen Feinstein's legislation changes everything.
Come to think of it, maybe I should head over there this weekend. A little whale watching at the lighthouse and two dozen oysters sounds like a nice day.
y_p_w, I cut-and-pasted the docs in their entirety, and linked back to them, to avoid charges that I selectively edited them.
As to whether there was a renewal clause out there, that seems pointless in light of the Solicitor's Office position that any violation of the conditional use provisions allows the Park Service to sever the contract before it runs its course.
I'm pretty sure that the Interior Dept is keen to avoid lawsuits or to appear heavy handed. They would have had their hands full if they did that. As it stands they have their hands full trying to find ways to end the current RUO.
Again - the extension has been fundamentally changed by Senator Feinstein's legislation. I'm no opponent of wilderness designations. I'm also a huge fan of Drakes Bay Oyster Company. I really don't think it's incompatible for someone to be a fan of wilderness while also being a proponent of this unique business (as far as the NPS goes). You know me - I'm not a one-trick pony only posting here on a single issue like Cape Hatteras ORV use or firearms. I truly care about Point Reyes NS and it's my feeling (among many others) that the oyster farm is a valuable component of what makes the place special. While a wilderness designation would be interesting, I think the character of Drakes Estero is really a function of solid management practices and not whether or not it's got a "full wilderness" designation.
Has the senator's rider fundamentally changed things? It doesn't direct the Interior Department to extend the lease, but only gives it the authority to do so.