Governor Murkowski asks for

by Susan Smith

Governor Frank Murkowski has asked Secretary of the Interior Gale Norton to launch an investigation into allegations that the National Park Service (NPS) has shown “...various patterns of misbehavior and abuse, including unreasonable right-of-way closures and restrictions; undue delays in the issuance of permits; and intimidation, harassment, and selective law enforcement...” in the Wrangell-St. Elias National Park (WRST).

This comes in response to efforts of Residents Of the Wrangells (ROW) to assemble testimonials from residents of the park who are experiencing problems, telling their own stories in their own words, documenting cases of inappropriate behavior. We soon became aware of many past and present cases of questionable NPS actions in our area. Other grievances involve permit fee requirements for inholders, aggressive land acquisition, denial of access for lakefront properties, intimidation of residents and hunters, airplane harassment, crippling impact study requirements, litigation through entrapment, and other issues.

We received a copy of a letter written on April 15 by Governor Frank Murkowski to Secretary Norton. Members of ROW and land rights advocates across the state and nation are encouraged by its content.

Governor Murkowski opens with the following paragraph:

“I am writing to apprise you of very troubling reports that I have received from literally dozens of Alaskans, many of whom are inholders within the WRST, about their treatment at the hands of the NPS. If these reports of arbitrary and sometimes abusive behavior are accurate, they raise serious questions about the Park Service’s implementation of ANILCA, particularly sections 1110(a) and (b). Accordingly, I respectfully request that you direct an immediate investigation of these claims for the purpose of instituting remedial measures, where necessary.” He forwarded a copy of the ROW packet with his letter.

The governor goes on to say that “there are compelling reasons to provide further direction to Park Service personnel to guide their implementation of the access provisions of ANILCA.” He calls for additional guidance for Park personnel who administer those provisions with respect to the following areas:

1. Notification of when and what type of access is required.

2. A standardized procedure specifically relating to access to inholdings.

3. Time limits for processing applications.

4. Further guidance for National Environmental Policy Act (NEPA) compliance, including situations where no environmental assessment or impact study is necessary, including a “de minimus Categorical Exclusion” for access to inholdings.

5. Guidance concerning the definition of reasonable access.

6. A presumption in favor of the applicant’s chosen route.

7. A fast and simple appeals process with the establishment of a group in Alaska to hear access-related appeals.

8. Minimal application and processing fees, or complete elimination of all fees with respect to access to inholdings.

9. A requirement that prior notice be given to inholders before visits by NPS personnel to their private property and before “low level aircraft overflights,” making an effort to avoid behavior that could be “interpreted as intimidating or threatening.”

Murkowski reiterated an earlier suggestion that NPS personnel be given special training when coming to Alaska to ensure that they understand the special provisions of ANILCA. He called for the establishment of a formal organization, composed of federal and state officials, and private citizens, to hear grievances and review all decisions concerning reasonable and feasible access.

Members of ROW had an opportunity to meet with Alaska congressional officials, DC staffers, and land rights group representatives in November of 2003. After listening to our grievances, congressional staffers asked us to obtain testimonials from those citizens experiencing problems. Of particular interest were tangible cases of harassment, intimidation, or retaliation, access fees, pressure to sell land to NPS, or denial of access altogether.

ROW began its process to gather these testimonials in earnest. Through letters to ROW members, meetings, the internet, and newspaper articles, we reached out to our community in an effort to document some of these stories. We found many people hesitant to come forward for fear of retaliation or loss of concessionaire permits to do business in the park. After three to four months of hard work, and the willingness of many of our neighbors in the WRST to document their cases, a sizeable packet of personal testimonials, NPS correspondence, and news releases was prepared by ROW for widespread distribution.

In early March of 2004, these packets were sent to our state legislators and their aides, our governor, the House Resource Committee, Senate Committee on Energy and Natural Resources, land rights groups, and many Department of the Interior officials, including Secretary Norton. Due to our nation’s heightened security measures, our packets went through screening processes before they were actually received about one month later, in early April, by Washington, D.C. officials. ROW members anxiously awaited any feedback that they might generate.

During the same time period, a petition with over two hundred signatures was sponsored and distributed to state officials by the Alaska Land Rights Coalition and ROW, demanding that the state intervene to help residents and users of WRST to protect their ANILCA rights in the face of increased NPS pressure to deny or restrict access.

Not in twenty-four years have we seen such a bold step by an Alaskan official to confront the Department of the Interior on our behalf concerning their enforcement of the ANILCA provisions. Finally, our struggles may not be case by case, where citizens are forced to litigate individually to protect their own access. Finally, our governor is calling for the establishment of an oversight committee to ensure the protection of our rights; make NPS accountable for its actions; give us an appeals process; screen all NPS access decisions for ANILCA compatibility; and standardize and simplify the access process for inholders. Every resident of the WRST should be encouraged by our state’s willingness to help us work toward solutions.

I would like to personally thank Paula Easley with the Alaska Land Rights Coalition and Ray Kreig, Lee Ann Gerhart, and Chuck Cushman with the American Land Rights Association for their willingness to share their unparalleled knowledge in the area of land rights and their valuable assistance in our efforts. A special thanks to Rick and Bonnie Kenyon for their help in assembling and copying reams of documentation for our packet submission, and the members of ROW who worked so hard on this project.

A final thanks to those of you in the community who came forward to tell your stories. Your efforts have not been in vain. ROW formed during the summer of 2003 when concerned residents and users of the WRST wished to address increasing tensions with the NPS and other state and federal agencies. Since that time, through meetings in McCarthy, Glennallen, and Slana, radio talk shows, the Internet, newspaper articles, and word of mouth, the ROW organization has reached out park-wide to establish membership and listen to other grievances.

I would encourage others who have not yet come forward to document and share their stories with ROW, even now, for future testimonial mail-outs. Now is the time to make our problems known because real hope in settling these issues may finally be on the horizon.

(Susan Smith is Chairperson of the Residents of the Wrangells. Mailing address ROW, Box MXY, McCarthy #63, Glennallen, AK 99588. Email residentsofwrangells@yahoo.com. Web address is http://mccarthy-kennicott.com/ROW/)