Madam Speaker, after reading an opinion from the Department of the Interior Solicitor, I feel compelled to clarify the intent of Section 1077 (c) of P.L. 109-364. While others may misinterpret and…
Madam Speaker, after reading an opinion from the Department of the Interior Solicitor, I feel compelled to clarify the intent of Section 1077 (c) of P.L. 109-364. While others may misinterpret and even distort the actual impact of this language upon the healthy Kaibab Mule Deer and Roosevelt Elk herds that are currently living on Santa Rosa island, I want to make clear this section's intent is to protect both herds from extermination. It is just that simple and it does not do anything more narrow or broad. Nothing could emphasize this intent more clearly than Conference Report 109-702's explanation that Section 1077 was intended to ``prohibit the Secretary of the Interior from exterminating or nearly exterminating the deer and elk on the island.''
Clearly, when this provision became law, it directed the National Park Service (NPS) to allow the deer and elk that have thrived on Santa Rosa Island to remain on the Island beyond 2011--the last year of the term within the settlement agreement. The use of helicopters is included within the settlement agreement and referenced by Section 1077(c) as it is likely the most effective way to conduct an extermination program. Section 1077(c) was not intended to prohibit only that method of extermination. These beautiful and healthy animals should remain on the island for visitors to enjoy. They should not be ruthlessly and systematically destroyed for some ill-conceived notion of native versus non-native, as others advocate.
The Solicitor has acted inappropriately by pulling a theory of congressional intent out of the air. Clearly, the intent of the language was not to ``preclude the Department of the Interior from participating in any plan approved in the settlement agreement.'' In fact, the language, which is now law, was intended to do what it clearly states: (1) vitiate the settlement agreement with respect to the deer and elk draw-down and eradication plan and (2) allow the elk and deer to remain on Santa Rosa Island indefinitely. I want to highlight the intent of allowing the deer to remain on the Island and make it clear that means these herds must be left to live on Santa Rosa Island. The congressional intent of this section was not to protect them only from slaughter, but also to protect them from relocation.
I must add, I find it deeply troubling that the administration, when testifying against the same provision before the Senate Committee on Energy and Natural Resources on May 16, 2006, testified that this provision would, ``. . . require the Secretary of the Interior to stop the plan to remove the deer and elk from the island as required by a court-ordered settlement agreement. This provision would effectively overturn the 1998 settlement agreement, that the NPS is legally bound to, that requires the phase-out of non-native deer and elk over several years and their complete removal from the Island by the end of 2011.'' I am bewildered why such an about-face has been made on a provision that is identical to the current law provision, having just passed the House of Representatives.
In closing, I hope this statement clarifies the intent of both P.L. 109-364 and the accompanying Conference Report 109-702. Both are clear on their face, but as the lead House negotiator of the Conference Committee of H.R. 5122, I felt it important to clear up any uncertainty brought forward by interpretations following a short-sighted agenda. This important conservation provision must stand and be properly interpreted so that the elk and deer are not slaughtered. Simply restated, it would be a tragedy to have these healthy populations of elk and mule deer exterminated from public lands to forward a misguided agenda of what belongs on Santa Rosa Island. Section 1077(c) is intended to prevent such eradication carried out by NPS or other parties to the settlement agreement.
My intent was clearly for the elk and deer herds to remain on Santa Rosa. This intent was clearly manifested in my numerous floor and committee statements in which I described my intent that wounded veterans are to be allowed to hunt these animals following the transfer of Santa Rosa from private ownership. My committee and floor statements regarding Santa Rosa Island, particularly floor statements made on December 16, 2005, and May 10, 2006, demonstrate this intent.
I also discussed the Santa Rosa provision with CNN's Anderson Cooper on June 13, 2006. A transcript of the interview follows:
Joe Johns, CNN Correspondent: 25 miles off the coast of
Santa Barbara, more than triple the size of Manhattan, the
crown jewel of the Channel Islands National Park. The remote
and largely untouched Santa Rosa Island. Canyons, coastline,
chaparral and pines and you own it. Taxpayers pay $30 million
for Santa Rosa Island. A treasure trove of ancient artifacts.
Torrey Rick, Archaeologist: It's incredible. I mean you
don't get this kind of stuff anywhere else in the world,
really.
Johns: Human bones found here date back 13,000 years. It's
also unique for its inhabitants. The little island fox,
endangered but so far not extinct. With all this at stake and
more, the question before Congress is whether this park
should be protected and open to all Americans year-round. Or
should it also be used as a place where disabled veterans can
come to hunt deer and elk? Which means tourists have to be
kept safely out of the crossfire. Congressman Duncan
Hunter, the powerful chairman of the House Armed Services
Committee, has been pushing for months to give the vets
special privileges on Santa Rosa.
Rep. Duncan Hunter, (R) California: I was driving south
with a bunch of marines, some guys fresh back from Iraq and
one of them said, there's Santa Rosa Island and they're going
to close it and they're going to wipe out the entire deer and
elk herd.
Johns: But the idea of handing over hunting rights on an
island that's supposed to be for everybody has infuriated
some Democrats from California, who say it's like telling the
public you bought it, now keep out.
Rep. Lois Capps, (D) California: It's outrageous and I told
him so. This is a Republican leadership that wants to kick
taxpayers off a national park that they paid $30 million for.
Makes you wonder, first it's Channel Islands National Park,
is it going to be Yellowstone, is it going to be the
Shenandoah's?
Johns: It's not that disabled veterans aren't important.
It's just that there are plenty of good hunting spots that
aren't in national parks. For instance, military bases in
remote areas. It's a battle playing out allover America but
especially in the west, over how best to use national parks.
In this case whether to restore the park to its pristine
condition or to allow other uses.
Much of this is about the animals. The park service only
wants animals here that are native to Santa Rosa. So the deer
and elk shipped in nearly a century ago by the family that
used to own the land must now go. So what about a compromise?
Why not allow both hunting and tourists full-time? Well
hikers and bullets are not a great trail mix. So long as
there's hunting here, the park service has to keep the public
out. The park service says the game needs to go.
Russell Gallipeau, U.S. Park Service: I'm not against
providing access to anybody. I just think that hunting and
public use of this island are not compatible. And it's not a
purpose for which this park was set aside.
Johns: So as taxpayers you paid for a remote national park,
but now a powerful congressman says it should be managed as a
place for disabled war vets to hunt deer and elk. For $30
million, Santa Rosa may well be the biggest game trophy out
there. Joe Johns, CNN, Santa Rosa Island, California.
Cooper: Well as Joe just mentioned Congressman Duncan
Hunter is the force behind the move to keep the elk and deer
on the island for hunting. We spoke earlier.
Cooper: So Congressman Hunter, you know your critics say
look, taxpayers spent $30 million to buy Santa Rosa Island.
But as long as there's hunting there, 90 percent of it's
closed to non-hunters for about half of the year. They say
that's unfair.
Hunter: Well, let me--let's put this in context. My son,
who's a marine, did a couple of tours in Iraq and when he
came back, he and I started taking wounded marines and
soldiers hunting. We went to Arizona, Colorado, lots of good
places. We had one hunt we took a person with a spinal
disability. That is, a paralyzed veteran into Colorado, into
the big national forest. And it's very difficult for them to
have a real quality experience. Now, this island, Santa Rosa
Island, which is off the California coast, which is 52,000
acres, has a very small number of public visitors. About 15 a
day from the statistics I've seen.
Cooper: But the reason that there are only 15, the national
park says about 5,000 people a year visit Santa Rosa Island.
The reason more people aren't able to do it is because they
can only visit about 10 percent of the island for half the
year because of this hunting. If you close down the hunting,
then the whole island basically would be open to visitors and
to taxpayers who paid for it.
Hunter: Listen, here's all we want. All we want is about
two weeks a year for the paralyzed veterans to come over. I
would be happy to stipulate that no congressman come over, no
VIPs. Only people who are paralyzed veterans, who are very
disabled veterans. And actually the reason most people don't
go over to Santa Rosa Island is because it's a major boat
trip or a plane trip. And tourists who are driving down the
coast of California don't want to take a plane or a boat to
simply get to another island. So we could easily accommodate
the paralyzed veterans, they could have a great time. They
could have the adventure of a lifetime.
And you know something, they may be wheelchair-bound but
their spirits are free, they like adventure. This is a great
place to take your family. And this could be a special niche
for those people. And you know something else, the people of
the United States, if the taxpayers knew that this was going
to be used by paralyzed veterans, they'd say fine.
This is the park service that says, we want to wipe out this
deer and elk herd because they're not native. They just want
to do it because they've got the power to do it. They could
easily accommodate our veterans.
Cooper: Is this the role of a national park? The national
park service which runs this, basically would be subsidizing
a hunting program. They say and critics say, look, there are
other places for people with disabilities to hunt. We talked
to the Paralyzed Veterans Association they say you know some
states even allow those with disabilities to hunt from their
cars.
Hunter: Listen, the reason the national park people have
their nice jobs and the reasons we as members of the American
public get to enjoy national parks is because of people who
wear uniforms who go out in dangerous parts of the world and
secure our freedom. So let in some paralyzed veterans, many
of whom have been injured in combat, to come have a small
piece of this island that almost nobody goes to anyway, is a
small repayment for their service to our country. I think the
taxpayers would appreciate that.
Cooper: Congressman Hunter, appreciate you joining us,
thanks.
Lastly, a letter provided by the Wounded Warrior Project reaffirms discussions and the intent to allow wounded and disabled veterans to enjoy Santa Rosa Island. The letter follows:
August 28, 2006.
Hon. Duncan L. Hunter,
Chairman, House Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Hunter: On behalf of the Wounded Warrior
Project (WWP), I am responding to your legislation that will
cease the elimination of all elk and deer on Santa Rosa
Island in California and could provide unrivaled hunting
opportunities for severely wounded veterans.
The Wounded Warrior Project applauds any effort that
supports our endeavors to assist severely injured military
personnel. WWP has reached thousands of wounded service men
and women, providing assistance in the transition from a
hospital bed to an independent and productive life and we
believe that Santa Rosa could offer the wounded another
chance to participate in meaningful and enriching
recreational activities such as fishing, hunting and camping.
This legislation is consistent with Wounded Warrior
Project's adaptive sports and outdoors programs like hunting
and fishing, snow and water skiing, canoeing and diving. For
that reason we encourage the House of Representatives to pass
this provision to potentially allow the use of the island for
disabled service members.
We hope that together with the U.S. Fish and Wildlife
Service and other federal organizations, a viable and
sustainable daily operations system for the management of
Santa Rosa Island can be developed and that our nation's
wounded warriors will be able to enjoy the world class
hunting that the island has to offer.
Thank you.
Sincerely,
John Melia,
Executive Director.