**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL
PARKS OF THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES,
CONCERNING H.R. 5137, TO ENSURE THAT HUNTING REMAINS A PURPOSE OF THE
NEW RIVER GORGE NATIONAL RIVER.**

**JULY 30, 2008**

Mr. Chairman and members of the subcommittee, thank you for the
opportunity to present the views of the Department of the Interior on
H.R. 5137, to ensure that hunting remains a purpose of the New River
Gorge National River.

The Department strongly supports enactment of H.R. 5137. This bill would
amend Section 1106 of the National Parks and Recreation Act of 1978, the
New River Gorge National River's (park) authorizing legislation to
require the Secretary of the Interior to permit hunting and fishing on
National Park Service (NPS) lands within the park, instead of allowing
this authority to be discretionary. If enacted, this bill would provide
legislative direction to the Department on hunting and fishing at New
River Gorge. We believe that enactment of the legislation will maintain
important protections that allow hunting in the park to be managed
consistent with the NPS mission to ensure public safety and to conserve
the park's natural resources, including wildlife and its habitat. The
bill is consistent with other policy statements from Congress and the
Park Service, and also advances the purposes of Executive Order 13443,
"Facilitation of Hunting Heritage and Wildlife Conservation."

The New River Gorge National River was established in 1978, by Public
Law 95-625, to conserve and protect 53 miles of the New River as a
free-flowing waterway. Section 1106 states in part that "The Secretary
may permit hunting and fishing on lands and waters under his
jurisdiction within the boundaries of the New River Gorge National River
in accordance with applicable Federal and State laws, and he may
designate zones where, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety, administration, fish or
wildlife management, or public use and enjoyment." We believe that
enactment of H.R. 5137 would have the narrow effect of requiring a
continuation of an ongoing recreational activity in the park while
maintaining the Service's ability to continue to manage the activity in
a manner that protects public safety and retains natural resource and
wildlife conservation tools such as adaptive management.

The park's current GMP, dated November 1982, addressed hunting as an
approved recreational activity, stating "Recreational hunting of game
will be permitted in accordance with State regulations, with the
exception of jointly designated limited closures for reasons of public
safety or wildlife preservation." Since adoption of the GMP, the park
has permitted hunting on lands owned and administered by the NPS, except
in areas of developed recreational facilities, such as river accesses
and campgrounds, for reasons of public safety.

In an April 10, 2002, letter, the Public Employees for Environmental
Responsibility pointed out the need for a regulation to be promulgated
to permit hunting at New River Gorge National River. On September 25,
2003, an interim final rule was published in the Federal Register that
would have allowed hunting to continue within the park. The rule was
written to become effective immediately. On October 9, 2003, the NPS
Director received a letter from a law firm representing the Fund for
Animals that questioned the legality of the interim final regulation.

The 2004 Interior Appropriations Act, Section 150, stated that "The
National Park Service shall issue a special regulation concerning
continued hunting at New River Gorge National River in compliance with
the requirements of the Administrative Procedures Act, with opportunity
for public comment, and shall also comply with the National
Environmental Policy Act as appropriate. Notwithstanding any other
provision of law, the September 25, 2003 interim final rule authorizing
continued hunting at New River Gorge National River shall be in effect
until the final special regulation supersedes it."

The NPS was about to begin a GMP for New River Gorge National River when
Congress enacted the 2004 directive. As part of the GMP, it was decided
that the NPS would undertake an extensive public involvement process on
the issue of hunting within the park. The draft GMP includes four action
alternatives; three of those alternatives would allow continued hunting
within the park. About 300 people attended one or more of the three
public meetings held on the hunting issue, and the public was
overwhelmingly in favor of the continuation of hunting at New River
Gorge National River. The draft GMP is being finalized, and we hope to
release it for public review by the end of this year.

As part of the process to revise the GMP, the NPS contracted with the
Virginia Tech Department of Fisheries and Wildlife Services to assess
the impacts of hunting in the park. The assessment, which was finalized
in 2006, concluded the "hunting conducted in accordance with existing
laws and regulations should have no adverse impact on the fauna and
flora within the boundaries of New River Gorge". We do not believe that
enactment of this legislation would have any effect on this
science-based assessment and its conclusions.

The NPS is cognizant of the importance of hunting to the local community
as well as the ecological implications of hunting within New River Gorge
National River. The "no hunting alternative" has proven to be very
controversial with the State of West Virginia and with local hunters.
However, the NPS has determined that under the existing legislation the
park must include an analysis of the no hunting alternative to ensure
that the requirements of the National Environmental Policy Act are
adequately met. When the draft GMP is released for public review it will
include a preferred alternative stating the NPS's position on continued
hunting at New River Gorge National River, regardless of whether or not
this legislation is enacted. After the GMP is completed, NPS would be
required to promulgate a special regulation for any preferred
alternative involving hunting on park lands within the national river.

Executive Order 13443, "Facilitation of Hunting Heritage and Wildlife
Conservation" was signed by President Bush on August 17, 2007, directing
the Department of the Interior and other Cabinet officers to facilitate
the expansion and enhancement of hunting opportunities and the
management of game species and their habitat. We are pleased that H.R.
5137 is consistent with this direction and would provide a specific way
to contribute toward the results of E.O. 13443.

That concludes my statement. I will be happy to answer any questions you
or any members of the subcommittee may have.

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS OF
THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES REGARDING S. 1816,
A BILL TO ESTABLISH A COMMEMORATIVE TRAIL IN CONNECTION WITH WOMEN'S
RIGHTS NATIONAL HISTORICAL PARK TO LINK PROPERTIES THAT ARE HISTORICALLY
AND THEMATICALLY ASSOCIATED WITH THE STRUGGLE FOR WOMEN'S SUFFRAGE, AND
FOR OTHER PURPOSES.**

**JULY 30, 2008**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Mr. Chairman, thank you for the opportunity to appear before your
committee to present the views of the Department of the Interior on S.
1816, a bill to authorize the Secretary of the Interior to establish a
commemorative "Votes for Women History Trail Route" in connection with
Women's Rights National Historical Park. The trail route would link
sites that are historically and thematically associated with the
struggle for women's suffrage in the State of New York.

The Department could support this legislation if amended to delete grant
authorizations in sections 3 and 4.

The Omnibus Appropriations Act for Fiscal Year 1999 (Public Law 105-277)
provided funding for a Women's Rights National History Trail feasibility
study. The study team documented women's rights history-related
properties reaching from Maine to Virginia, including the District of
Columbia. The largest numbers of properties in the Northeast were in the
Commonwealth of Massachusetts and the State of New York. The study team
considered a long-distance trail in the corridor between Boston and
Buffalo, but determined that this concept was not viable based upon the
lack of properties between these two places. The study also found that
the trail would not meet the criteria as a national historic trail under
the National Trails System Act.

The study concluded that significant concentrations of resources
associated with the struggle for women's suffrage in the United States
lie within an area stretching from Syracuse, New York in the east
through the Finger Lakes region westerly to Rochester. In the midst of
this concentration of resources are the towns of Seneca Falls and
Waterloo, New York, where the first women's rights convention in America
was planned and held in 1848. Women's Rights National Historical Park,
established in 1980 by Public Law 96-607, preserves and interprets the
important sites associated with the formal beginning of the struggle for
equal rights for women in the United States. It was at Seneca Falls in
1848 that the Declaration of Sentiments was signed, advocating for
political, economic, educational, religious, and societal equality for
women.

The final report described three concepts that could support the
recognition, promotion, and protection of properties associated with
women's rights history: A "Votes for Women" History Trail, a vehicular
tour route linking together a number of historic properties associated
with women's suffrage in New York State; a National Women's Rights
History Project focused on expanding the number of properties listed on
the National Register of Historic Places that are associated with
women's rights; and a National Women's Rights History Project and
Partnerships Network that would offer financial and technical assistance
to participating members for interpretive and educational program
development through the use of partnerships and matching grants. A final
report was transmitted to Congress in January 2004.

Section 2 of S. 1816 would amend Public Law 96-607 to establish a "Votes
for Women History Trail Route", a vehicular tour route linking sites
associated with the 72-year struggle for women's suffrage across New
York State, a movement which spread throughout the nation. The trail
route would be administered by the National Park Service through Women's
Rights National Historical Park. The National Park Service would be
authorized to support the development of interpretive signage and to
develop and disseminate interpretive and educational materials and media
to provide public understanding and appreciation of the resources along
the trail route and their respective roles in the women's suffrage
movement. Sites along the trail route could include the Susan B. Anthony
House in Rochester, the Wesleyan Chapel in Seneca Falls, and Harriet
Tubman Home in Auburn.

Section 2 of the bill would also authorize the Secretary to enter into
cooperative agreements with other Federal agencies, the State of New
York, and other governmental and private entities to facilitate the
development of the trail route and to provide technical and financial
assistance to such organizations to achieve the purposes of the
legislation. The public/private partnerships envisioned would provide
opportunities for the public to learn about the rich, yet largely
unknown history of the struggle for women's suffrage in the United
States, while enhancing preservation of the remaining tangible resources
associated with this effort.

Section 3 of the bill would establish a National Women's Rights History
Project National Registry that would authorize the Secretary to provide
grants to State Historic Preservation Offices (SHPOs) to assist in
surveying, evaluating, and nominating women's rights history properties
for consideration to be listed on the National Register of Historic
Places. Such activities are already within the purview of existing SHPO
responsibilities. This legislation would therefore duplicate SHPO
responsibilities, and divert limited available funds for broad SHPO
responsibilities to a specific set of beneficiaries and purposes. SHPOs
already have the ability to add sites to the National Park Service's
website, "Places Where Women Made History." The website lists historic
places associated with women's history in New York and Massachusetts,
travel itineraries, maps, photographs, and other information about these
historic properties. The website has the capacity to provide
opportunities for citizens of this nation, and those outside of the
United States, to learn about the sites and people associated with the
struggle for women's rights in America. These struggles remain relevant
in American society today, and provide inspiration to others seeking
equal rights in their own countries.

Finally, section 4 of S. 1816 provides for the establishment of a
National Women's Rights History Project Partnerships Network, managed
through a nongovernmental entity, which would offer matching grants and
technical assistance for the purpose of providing interpretive,
educational, and historic preservation program development. The
establishment of such a network would earmark historic preservation
grants for a specific set of beneficiaries and would divert available
resources for broader historic preservation purposes. NPS already has
the authority to enter into collaborative proposals that could involve a
variety of property types and that would be anchored by one or more
National Register-eligible properties.

We believe that particular aspects of S. 1816 provide the opportunity
for all to gain a clear understanding and appreciation of the sacrifices
and contributions of those associated with the quest for women's rights
in the past, and for those who continue their work today throughout the
world. However, we also believe that particular aspects of this
legislation divert available resources from broader historic
preservation purposes to specific sets of beneficiaries and duplicates
existing authorities. The Department would welcome the opportunity to
work with the committee to further review existing NPS programs to
determine if we could achieve the goals of section 3 and 4 of the bill
within our existing authorities.

Mr. Chairman, this concludes my remarks, and I would be happy to respond
to any questions that you and the committee may have.

**TESTIMONY OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
U.S.** **DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL
PARKS, OF THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES,
CONCERNING S. 2093, TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE
A SEGMENT OF THE MISSISQUOI AND TROUT RIVERS IN THE STATE OF VERMONT FOR
STUDY FOR POTENTIAL ADDITION TO THE NATIONAL WILD AND SCENIC RIVERS
SYSTEM.**

# July 30, 2008

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Mr. Chairman, thank you for the opportunity to appear before you today
to discuss the views of the Department of the Interior on S. 2093, a
bill to amend the Wild and Scenic Rivers Act to designate a segment of
the Missisquoi and Trout Rivers in the State of Vermont for study for
potential addition to the National Wild and Scenic Rivers System.

The Department supports enactment of this legislation with the
amendments described in this testimony. However, the Department feels
that priority should be given to the previously authorized studies for
potential units of the National Park System, potential new National
Heritage Areas, and potential additions to the National Trails System
and National Wild and Scenic River System that have not yet been
transmitted to the Congress. On April 24, 2008, the Department testified
in support of the House companion bill, H.R. 3667.

S. 2093 would direct the Secretary of the Interior to study the segment
of the Missisquoi and Trout Rivers from the headwaters of the rivers
downstream to the confluence of that segment with the Missisquoi Bay of
Lake Champlain in the State of Vermont. A report that describes the
results of the study is required to be submitted to Congress not later
than three years after the date of enactment of this Act.

Two segments of the Missisquoi River are listed on the Nationwide Rivers
Inventory of candidate wild and scenic rivers. The mouth of the river
includes the Missisquoi National Wildlife Refuge which comprises the
Missisquoi River Delta and Missisquoi Bay on Lake Champlain. Upper
portions of the Missisquoi and Trout Rivers are prized for their scenic
beauty, recreational boating and fishing opportunities, and historic and
archaeological values.

The Missisquoi Valley Rail Trail parallels much of the upper Missisquoi
River, and offers excellent potential for public access and recreational
opportunities linked to the river and the broader river valley. Portions
of the river also serve as the route for the Northern Forest Canoe
Trail, based on the river's historical significance as a travel route
for the Abenaki Indians. Great Falls on the upper Missisquoi is
recognized as Vermont's largest undammed falls, and is part of a series
of spectacular gorges and falls located on the upper river.

The State of Vermont, Agency of Natural Resources (ANR) has been working
extensively with communities of the upper Missisquoi watershed to
address river management issues related primarily to agricultural
run-off affecting water quality of the river and Missisquoi Bay/Lake
Champlain. The forum that has been created through these efforts offers
an ideal opportunity for the National Park Service to join the ANR and
local communities in a comprehensive study that would add broader
natural, recreational, and cultural considerations to the issues already
being considered. The ANR and affected communities of the upper
Missisquoi have all expressed their support for such a partnership-based
study.

The Department notes that several large hydroelectric generating
facilities are located on the lower Missisquoi River, making it
inappropriate for wild and scenic river consideration. In addition, a
segment of the upper Missisquoi River bows north into Canada, and should
be excluded from this study effort. Therefore, we recommend S. 2093 be
amended to direct the study effort to the following river segments:

-   The approximately 25-mile segment of the upper Missisquoi from
    Enosburg Falls upstream to the Canada border in East Richford;

-   The approximately 25-mile segment of the upper Missisquoi from the
    Canada border in North Troy upstream to the headwaters in Lowell;

-   Approximately 20 miles of the Trout River from its confluence with
    the Missisquoi to its headwaters.

The Department would also like to work with the committee on several
technical amendments to make this bill consistent with other recently
enacted wild and scenic river study bills.

This concludes my prepared remarks, Mr. Chairman. I will be happy to
answer any questions you or other committee members may have regarding
this bill.

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS OF
THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES, CONCERNING S.
2535, A BILL TO REVISE THE BOUNDARY OF MARTIN VAN BUREN NATIONAL
HISTORIC SITE.**

**JULY 30, 2008**

Mr. Chairman, thank you for the opportunity to appear before your
committee to present the views of the Department of the Interior on S.
2535, a bill to revise the boundary of Martin Van Buren National
Historic Site, and for other purposes.

The Department supports enactment of this bill.

S. 2535 would expand the boundary of the Martin Van Buren National
Historic Site, located in Kinderhook, New York, by including 261 acres
of land surrounding Lindenwald, the home and farm of the eighth
President of the United States. The bill also provides to the Secretary
of the Interior land acquisition authority from willing sellers, by
donation, by purchase with donated or appropriated funds, or by
exchange.

The boundary expansion would help visitors to understand the importance
of agriculture in President Van Buren's life and the role of the
changing agricultural economy before the Civil War. In addition to
protecting Lindenwald in its historic agricultural setting, the
legislation offers increased opportunities for public enjoyment of the
park and surrounding land as part of an overall plan that was developed
in concert with local landowners and governments.

The proposed acreage includes a farm cottage, one of only three
surviving structures associated with President Van Buren, and
agricultural lands that once were a part of his original 226-acre farm
and are still in active cultivation. Preserving these scenic and
historic resources is critical to the future of the park. The expanded
boundary would also allow the National Park Service (NPS) to replace
temporary operational facilities, including a maintenance garage
directly behind Lindenwald, and administrative facilities now housed in
trailers, with permanent buildings more appropriate to the historic
setting.

Martin Van Buren National Historic Site was established by Public Law
93-486 to commemorate the life and work of President Martin Van Buren
through the preservation and interpretation of his home and farm. The
39-acre park predominately consists of a prominent mansion located
within the present boundary, a factor that narrows the focus of
interpretation to a traditional house tour. Although agrarian ideals
formed a central theme of Van Buren's political philosophy, agricultural
components of the 226 original acres of Lindenwald are neither fully
protected nor available for interpretation.

Kinderhook, New York, part of the Hudson River Valley, was a rural
farming area when the site was established in 1974. Since then,
suburban, residential and commercial development has begun to threaten
the area surrounding the park. This prompted the NPS to undertake a
comprehensive study of the area in 2003, and to address concerns such as
protecting the historic setting and enhancing opportunities for
interpretation. The boundary study identified 24 contributing
characteristics and features outside of the current park boundary that
can be traced directly to Van Buren's tenure at Lindenwald. Expansion of
the boundary to include these resources will provide for future
protection of park-related resources and scenic values, and increase
public understanding and appreciation of the life and ideals of Martin
Van Buren, a preeminent politician during the Nation's turbulent
antebellum years.

Park managers have a close working relationship with the present owners
of the land proposed for addition to the boundary of the park, some of
whom will continue to farm the land and have agreed to make portions of
their land available to visitors for a trail to enhance interpretation
of the park. Within the proposed 261-acre boundary, 25 acres are
expected to be donated in fee to the NPS and 173 acres are expected to
be donated in the form of conservation easements. The NPS would seek to
acquire the remaining 63 acres through purchase of easements or fee
interests from willing sellers. If acquired in fee, the cost would be
approximately \$667,000, subject to NPS priorities and the availability
of appropriations. The majority of the land will remain in agricultural
use. Monitoring of the conservation easements will be done by NPS
personnel through the park\'s existing operations budget. The
conservation easement lands would remain on the local tax rolls.

The only structure that would be acquired on the 261 acres is an
800-square foot historic cottage that is in sound condition, but will
require some improvements such as painting the wood siding and repairing
decaying window frames. Some of this cost could be paid through park
maintenance funds, but if more extensive repairs are needed depending on
the future use of the cottage, funds would be subject to NPS priorities
and the availability of appropriations. The future use of the cottage
will be determined in the general management planning process, which
just began for the existing park.

Should this legislation be signed into law, the general management
planning process also would determine the need to relocate operational,
maintenance or administrative facilities on the lands included in the
park by this boundary addition, to move some of these facilities outside
the park boundaries or to address the code and safety issues in the
facilities' current location. The park currently rents two double-wide
trailers for administrative facilities, and houses curatorial storage in
a deteriorating barn. Located adjacent to the trailers is a shed, built
by NPS, that is used for visitor contact. The park also uses a garage
for a maintenance facility that has serious code and worker safety
issues and that is intruding on the historic setting of the Van Buren
house. It is estimated it would cost \$1.9-\$2.8 million to address
these two priority issues with or without a boundary change, since the
temporary facilities are inadequate to be used in the long-term. Any
final decisions would be made as part of the general management planning
process, and if included in the final plan, would be subject to the
budget prioritization process of the NPS.

This legislation enjoys broad support from various constituencies
interested in conservation, historic preservation, and agricultural
sustainability, including the New York State Office of Parks,
Recreation, and Historic Preservation; the Columbia Land Conservancy;
the Open Space Institute; the Columbia County Board of Supervisors; the
Friends of Lindenwald; the Kinderhook Town Board; the Kinderhook Village
Board; the Valatie Village Board; the Columbia County Tourism
Department; and many other public organizations and local agencies.

Mr. Chairman, this concludes my testimony and I am pleased to answer any
questions you or other members of the subcommittee may have.

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS OF
THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES, CONCERNING S.
2561, TO REQUIRE THE SECRETARY OF THE INTERIOR TO CONDUCT A THEME STUDY
TO IDENTIFY SITES AND RESOURCES TO COMMEMORATE AND INTERPRET THE COLD
WAR**

**July 30, 2008**

Mr. Chairman, thank you for the opportunity to present the Department of
the Interior\'s views on S. 2561. This bill would require that the
Secretary of the Interior conduct a theme study to identify sites and
resources associated with the Cold War and to recommend ways to
commemorate and interpret that period of our nation\'s history.

The Department supports this legislation as we believe that it is wholly
appropriate for the National Park Service to undertake a study that will
help ensure that the history of the Cold War era is preserved for future
generations of Americans. In the 108^th^ Congress, the Department
testified in support of similar legislation, S. 452; however there was
no other action taken on the bill.

S. 2561 would require the Secretary of the Interior to conduct a
National Historic Landmark theme study to identify sites and resources
in the United States that are significant to the Cold War. The bill
specifically provides that the study consider the inventory of Cold War
resources that has been compiled by the Department of Defense and other
historical studies and research on various types of military resources.
It also requires the study to include recommendations for commemorating
these resources and for establishing cooperative arrangements with other
entities.

We want to note that the study would not cover every resource that may
be significant to the history of the Cold War as it affected our nation,
since it would not include sites outside the United States such as U.S.
installations in Germany or South Korea. It is necessary to limit the
scope of the study to sites and resources within the United States, as
S. 2561 does, because we do not have the authority to identify resources
that are beyond our borders for potential National Historic Landmark
status.

In addition to authorizing the theme study, S. 2561 would require the
Secretary to prepare and publish an interpretive handbook on the Cold
War and to disseminate information gathered through the study in other
ways. S. 2561 would authorize appropriations of \$500,000 to carry out
the legislation.

National Historic Landmark theme studies are funded from a variety of
sources including, in some cases, the special resource study budget,
which is about \$935,000 in FY 2008. There are 37 studies previously
authorized by Congress that are being funded from the special resource
study budget, nearly half of which will have at least some funding needs
beyond Fiscal Year 2008. Our highest priority is to complete pending
studies, though we expect to start newly authorized studies as soon as
funds are made available.

The National Historic Landmarks program was established by the Act of
August 21, 1935, commonly known as the Historic Sites Act (16 U.S.C. 461
et. seq.) and is implemented according to 36 CFR Part 65. The program\'s
mission is to identify those places that best illustrate the themes,
events, or persons that are nationally significant to the history of the
United States and that retain a high degree of integrity. Potential
national historic landmarks are often identified through theme studies
such as the one that would be authorized by this legislation.

Theme studies are not the same as special resource studies, which assess
the suitability and feasibility of adding a site to the National Park
System. Theme studies may identify sites that may be appropriate
candidates for special resource studies, but these studies themselves do
not evaluate sites for possible addition to the National Park System.
Therefore, theme studies do not have the potential to lead directly to
new operation, maintenance or other costs for the National Park Service.

For example, in 2008, the National Park Service completed and
transmitted to Congress a National Landmark Theme Study on the World War
II Home Front. Through a partnership with the Organization of American
Historians (OAH), NPS focused on themes that saw transformation during
this period: civil rights with regard to an integrated work force,
migration and resettlement to support mobilization, changes in gender
roles as women entered the work force, labor relations as unions flexed
new-found powers, economic mobilization and government cooperation with
the private sector to support the war effort, technological advances,
popular culture, and architectural change. The National Park Service is
also conducting several other theme studies, including one on American
Civil Rights, one related to the history of the labor movement, another
on the earliest inhabitants of Eastern North America, and another on
sites associated with Japanese Americans during World War II.

At the moment, the history of the Cold War has some presence in the
National Park System and on the two lists of historic sites maintained
by the National Park Service. The National Park System includes one unit
related to the Cold War, the Minuteman Missile National Historic Site in
South Dakota, which Congress established in 1999 to preserve and
interpret the role of Intercontinental Ballistic Missiles in our
nation\'s defense system.

Out of 2,444 designated national historic landmarks, at least five
recognize civilian or military aspects of Cold War history; and out of
approximately 76,000 listings on the National Register of Historic
Places, at least 17 (including the five landmarks) are related to the
Cold War. The relatively small number of recognized sites is due in
large part to the fact that the Cold War has only recently been viewed
as historically important. With or without a theme study, these numbers
would likely increase over time, and the Department of Defense could
take steps on its own to identify these sites under their jurisdiction.

National Historic Landmark program regulations require consultation with
Federal, state, and local governments; national and statewide
associations; and a variety of other interested parties. Through
partnering with a national historical organization, using a peer-review
process, and consulting with appropriate subject experts as well as the
general public, the National Park Service would ensure that the broadest
historical perspectives are represented in any study it undertakes.

In addition, we have been informed by the Department of Justice that the
provisions of the bill that would require the Secretary of the Interior
to make recommendations to Congress concerning federal protection for
Cold War sites raise concerns with regard to the Recommendations Clause
of the Constitution, which reserves to the President the power to decide
whether it is necessary or expedient for the Executive Branch to make
legislative policy recommendations to the Congress. The Administration
would be pleased to provide language to resolve these constitutional
concerns.

Mr. Chairman, that concludes my statement. I would be pleased to answer
any questions you or other members of the Subcommittee may have.

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SENATE SUBCOMMITTEE ON
NATIONAL PARKS, OF THE COMMITTEE ON ENERGY AND NATURAL RESOURCES,
CONCERNING S. 3011, TO AMEND THE PALO ALTO BATTLEFIELD NATIONAL HISTORIC
SITE ACT OF 1991 TO EXPAND THE BOUNDARIES OF THE HISTORIC SITE, AND FOR
OTHER PURPOSES.**

**JULY 30, 2008**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to present the views of the Department of the Interior on S.
3011, a bill to amend the Palo Alto Battlefield National Historic Site
Act of 1991 to expand the boundaries of the historic site, and for other
purposes.

The Department supports S. 3011 with an amendment to provide the correct
map reference for the boundary expansion. On June 5, 2008, the
Department testified in support of H.R. 4828, an almost identical bill,
before the House Subcommittee on National Parks, Forests and Public
Lands.

S. 3011 would amend Public Law 102-304 to adjust the boundary of the
Palo Alto Battlefield National Historic Site (park) to include the
addition of approximately 34 acres. The lands added to the boundary
would remain under the ownership of the Brownsville Community Foundation
(Foundation), Brownsville, Texas. The Foundation and the National Park
Service (NPS) would co-manage and administer the lands added to the
boundary through a cooperative agreement. There would be no acquisition
costs associated with the boundary expansion and we estimate NPS's
management, administrative, interpretive, resource protection, and
maintenance costs to be approximately \$200,000 annually. Additional
infrastructure improvements would include an ADA accessible trail, a
visitor parking lot, trail and pavilion benches, the resaca overlook,
interpretive panels and replica cannons, an NPS sign, a security gate,
and utilities at an estimated cost of \$360,000.

The land proposed for addition to the park is known as 'Resaca de la
Palma', a National Historic Landmark. Located approximately four miles
south of the existing park boundary and in the Heart of the City of
Brownsville, Texas, the land is closely connected to Palo Alto
Battlefield National Historic Site, the only unit in the National Park
System to commemorate the Mexican War, both historically and culturally.

Resaca de la Palma is the site of the second battle of the U.S. War with
Mexico. The battle proved decisive for American forces and forced
Mexican troops back across the Rio Grande River. The site is hallowed
ground for many, including descendents of more than 214 individuals from
the United States and Mexico who lost their lives at this site on May 9,
1846. After the battle, many visitors to Palo Alto and Resaca de la
Palma viewed the land as having been transformed by the bloody
sacrifices made there. That sentiment remains today and many residents
of Brownsville believe that both of the battlefields should be preserved
to honor the memory of the soldiers who fought and died there.

Although the original battlefield at Resaca de la Palma extended over
hundreds of acres, today only 34 acres remain undeveloped. In essence,
Resaca de la Palma represents an oasis, surrounded by a developing city.
In addition to its rich cultural heritage, these 34 acres provide
habitat for migratory and resident birds and small mammals. The
battlefield site also represents a typical but disappearing landscape of
the Rio Grande delta and conserves native chaparral, prairie, and brush.

Resaca de la Palma is easily accessible to community members and
visitors to the area. The 34 acres included in this boundary adjustment
also represent a rare community green space that will be preserved.
Existing structures include an interpretive trail and exhibits, a
covered shelter, and a viewing platform overlooking the resaca, the
literal translation of which is: the dry river bed of the palms.

The National Park System includes many successful examples of
philanthropic efforts that have added immeasurably to the preservation
of our nation's natural and cultural treasures. The partnership between
the NPS and the Foundation to co-manage Resaca de la Palma is another
successful example of this type of effort. Many hours have been donated
toward preserving Resaca de la Palma by board members, the park, and
individuals in the community. Additionally, several private and public
organizations have donated time and money to ensure Resaca de la Palma
remains protected and accessible to visitors. These include the Boy and
Girl Scouts of America, the City of Brownsville, the Cameron County
Sheriff Department, and the Texas Department of Transportation.

The Palo Alto Battlefield National Historic Site 1988 General Management
Plan proposed including Resaca de la Palma within the park's
administrative boundary. This legislation would achieve that goal.
However, without this legislation, the NPS would be limited in its
ability to interpret, maintain, or manage the Resaca de la Palma area
for future generations.

We suggest one amendment to S. 3011. On page 2, lines 13 and 14, the
correct map information is: "entitled Palo Alto Battlefield NHS Proposed
Boundary Expansion, numbered 469/80,012, and dated May 21, 2008."

That concludes my statement. I would be happy to answer any questions
that you or other members of the subcommittee might have.

STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL
PARKS OF THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES,
CONCERNING S. 3113, A bill to reinstate the Interim Management Strategy
governing off-road vehicle use in the Cape Hatteras National Seashore,
North Carolina, pending the issuance of a final rule for off-road
vehicle use by the National Park Service.

**July 30, 2008**

Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department of the
Interior's views on S. 3113, a bill to reinstate the Interim Management
Strategy governing off-road vehicle (ORV) use at Cape Hatteras National
Seashore (Seashore), North Carolina, pending the completion of an ORV
management plan and issuance of a final rule for ORV use. The Interim
Management Strategy was adopted on July 13, 2007 by the National Park
Service to provide resource protection guidance in areas subject to ORV
use. The bill would make inapplicable the consent decree that implements
a settlement agreement modifying this Interim Management Strategy, to
which all parties involved in a lawsuit agreed just three months ago.

The Department supports allowing public use and access at Cape Hatteras
National Seashore to the greatest extent possible while ensuring
protection for the Seashore's wildlife, including the federally
protected species that are the focus of present concern, for this and
future generations of park visitors. Because we believe that the April
30, 2008, consent decree will accomplish this objective better than the
original 2007 Interim Management Strategy for the period until a final
ORV plan and rule are adopted, the Department cannot support S. 3113.

**[Background on Protected Species and ORV Management at Cape
Hatteras]{.underline}**

Beach driving, also known as ORV use, predates the 1937 authorization of
the National Seashore and has become a popular method of access for
recreational pursuits such as swimming, fishing, and water sports.

Executive Order 11644 (1972), amended by Executive Order 11989 (1977),
requires the National Park Service to issue regulations on the
designation of specific trails and areas for ORV use based upon resource
protection, visitor safety, and minimization of conflicts among uses of
agency lands. The Executive Order directs that these "\[a\]reas and
trails...be located to minimize harassment of wildlife or significant
disruption of wildlife habitats." Furthermore, "...whenever \[the
agency\] determines that the use of off-road vehicles will cause or is
causing considerable adverse effects on ...wildlife (or) wildlife
habitat, \[it shall\] immediately close such areas or trails to the type
of off-road vehicle causing such effects until such time as \[it\]
determines that such adverse effects have been eliminated and that
measures have been implemented to prevent future occurrence." In
response to the Presidents' direction, the National Park Service
promulgated the regulation at 36 C.F.R. § 4.10, which requires the Park
Service to designate, by special regulation, ORV use areas and routes in
compliance with Executive Order 11644. In 1978, the Park Service drafted
an interim ORV management plan for Cape Hatteras National Seashore but
never finalized it. In 1973 and 1990, the Park Service drafted ORV
regulations for the Seashore but never promulgated them.

To date, the National Park Service has not met the requirements of its
own regulation. However, subsequent to a feasibility assessment process
which queried numerous stakeholder groups, in December 2007 the
Secretary of the Interior established a negotiated rulemaking committee
under the Federal Advisory Committee Act (FACA) to aid the Service in
the development of an ORV management plan and special regulation to meet
the requirements of 36 C.F.R.§ 4.10. The committee, which has met five
times thus far in 2008, is making progress toward this goal. The
committee is scheduled to meet again in September, October, November,
and December 2008. Under the April 30, 2008, consent decree, the ORV
management plan must be completed by December 31, 2010, and the special
regulation by April 1, 2011.

The Seashore is the breeding site for many species of beach-nesting
shorebirds and waterbirds, including the federally-listed threatened
piping plover, the state-listed threatened gull-billed tern, and a
number of species of concern including the common tern, least tern,
black skimmer, and the American oystercatcher. All of the above species
have experienced breeding population declines at Cape Hatteras over the
past 10--20 years. For example, in 1989 the Seashore had 15 breeding
pairs of the federally threatened piping plover. By 2001-2005, the
Seashore experienced only 2-3 pairs attempting to nest each year. The
numbers of colonial waterbird nests on the Seashore have declined from
1,155 nests in 1999 to 217 nests in 2007. Individual colonial waterbird
species have experienced the following reduction in nests on the
Seashore from 1999 to 2007: gull-billed tern, 103 nests to zero; least
tern, 306 nests to 196; common tern, 440 nests to 19; and black skimmer,
306 nests to 2. American oystercatcher numbers on the Seashore have
declined from 41 breeding pairs in 1999 to 22 breeding pairs in 2007.

While a complex array of variables including weather events and
predation contribute to these declines, human disturbance is certainly a
factor, reflecting the inherent conflict resulting from the fact that
peak visitor demand for access to key breeding sites, which are also
popular fishing sites, occurs at approximately the same time as the
primary period of wildlife breeding activity. The overall trend of
declining numbers and the low numbers for specific species (piping
plover, gull-billed tern, common tern, and black skimmer) at Cape
Hatteras National Seashore has been of particular concern, because the
National Park Service by law and policy is committed to preventing
impairment of park resources, and preserving and restoring the natural
abundance, diversity and distribution of native animal populations and
ecosystems in which they occur in units of the National Park System.

In July 2007, the National Park Service approved an Interim Protected
Species Management Strategy and Environmental Assessment for the
Seashore. This Interim Management Strategy provides guidance for the
protection of beach-nesting shorebirds and sea turtles, and a threatened
beach plant species, until a long-term ORV management plan and
regulation can be developed. Meanwhile, in consultation with the
negotiated rulemaking committee that was established in December 2007,
the Service is working on the development of a long-term ORV management
plan and environmental impact statement.

In October 2007, Defenders of Wildlife and the National Audubon Society,
represented by the Southern Environmental Law Center (Plaintiffs), filed
a complaint in the U.S. District Court for the Eastern District of North
Carolina challenging the Interim Management Strategy. In December, the
complaint was amended to include the U.S. Fish and Wildlife Service as
co-defendant based on Endangered Species Act claims related to its
biological opinion. Additionally, two local counties, Dare and Hyde, and
the Cape Hatteras Access Preservation Alliance, which is a coalition of
local ORV and fishing groups, were granted intervenor status by the
court. All of these entities are members of the negotiated rulemaking
committee.

On February 20, 2008, the Plaintiffs filed a motion for a preliminary
injunction requesting the court to direct the National Park Service to
completely close six key breeding sites (Bodie Island Spit, Cape Point,
South Beach, Hatteras Spit, North Ocracoke, and South Ocracoke) to ORV
use on a year-round basis consistent with the 2005 management
recommendations provided to the Park Service by scientists from the U.S.
Geological Survey (referred to as the "USGS protocols.") These six sites
are also the most popular fishing areas that are traditionally accessed
by ORV users.

In April 2008, the Plaintiffs, Federal defendants, and intervenors
jointly filed a proposed consent decree with the U.S. District Court to
implement a settlement reached by the parties, which the court issued on
April 30. Reaching this settlement prevented a complete year-round
shutdown of ORV access to the six popular fishing areas. The consent
decree is not expected to affect the fall or winter fishing season. It
will also allow many areas of the beach to remain open to recreational
use, even during the breeding season.

The consent decree provides for increased resource protection during the
breeding season, while allowing for continued ORV access to the six key
sites during the non-breeding season. It addresses individual species
concerns and specifies buffer sizes and types, timing restrictions, and
monitoring efforts to protect beach-nesting bird species, including
piping plover, American oystercatcher, and four species of colonial
waterbirds; and three species of federally protected sea turtles. It
settles all claims raised in the lawsuit and does not set a precedent
for the long-term ORV management plan or the regulation.

Compared to the Interim Management Strategy, the consent decree includes
larger, non-discretionary buffer distances to protect beach-nesting
birds once breeding activity is observed.

It also includes a new prohibition on night driving on seashore beaches
from 10:00 p.m. until 6:00 a.m. during the sea turtle nesting season.
The consent decree does not directly mandate an outright closure of the
six popular fishing areas. The National Park Service had to close these
areas earlier this summer, however, to comply with the consent decree's
criteria for determining buffer distances once breeding activity was
observed. These areas are being reopened as breeding activity concludes.
We are working hard to keep the public informed of beach access status.

Many sections of beach have remained open to ORV and pedestrian access
during the breeding season. As of July 17, 2008, of approximately 66.6
total miles of Seashore beaches, 26.1 miles were open to ORVs and
pedestrians, an additional 25.5 miles were open to pedestrians only
(totalling 51.6 miles open and accessible to pedestrians), 3.7 miles
were "open to pedestrians" but access was not practical, and 11.3 miles
were closed to ORVs and pedestrians to protect breeding and nesting
areas.

**[Preliminary Results of Resource Protection Measures Taken in
Accordance with the Consent Decree]{.underline}**

Although the breeding season is not yet completed, it appears that
actions taken under the consent decree have been beneficial for resource
protection. Under the consent decree, the Seashore has experienced an
increase in the number of breeding pairs of piping plover from 6 pair in
2006 and 2007, to 11 pairs in 2008. As of July 19, 2008, there were 83
sea turtle nests on the Seashore compared to 49 nests last year at this
time.

**[S. 3113]{.underline}**

S. 3113 would reinstate the Interim Strategy for ORV use at the Seashore
and declare the consent decree inapplicable. A return to managing the
Seashore under the Interim Management Strategy would result in a
reduction in the size, frequency, and timing of the buffers protecting
federally and state listed species, and a likely reduction in the
increase in nesting activity observed in 2008.

We reiterate our commitment to providing for everyone's enjoyment of
Cape Hatteras National Seashore's wonderful resources to the greatest
extent possible while ensuring protection of park resources, including
federally protected species, for this and future generations. We
strongly believe that completion of the long-term ORV management plan
and special regulation is the best way to involve all interested
parties, including the general public, and meet the Service's
responsibilities under the Endangered Species Act, National Park Service
Organic Act, Cape Hatteras National Seashore enabling act, Migratory
Bird Treaty Act, and other applicable laws. Through this process, the
National Park Service will determine how to provide appropriate resource
protection and reasonable visitor access at the Seashore. While we
continue to implement the consent decree, we are actively working with
all interested stakeholders in the development of the regulation and
plan, and we look forward to continuing to work with the subcommittee,
the local communities, and the involved stakeholders as these processes
move forward.

Mr. Chairman, that concludes my testimony. I would be glad to answer any
questions that you or other members of the subcommittee may have.

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL
PARKS OF THE SENATE COMMITTEE ON ENERGY AND NATURAL RESORCES CONCERNING
S. 3148, TO MODIFY THE BOUNDARY OF THE OREGON CAVES NATIONAL MONUMENT,
AND FOR OTHER PURPOSES.**

# July 30, 2008

#  

Mr. Chairman, thank you for the opportunity to appear before you to
present the views of the Department of the Interior on S. 3148, a bill
to modify the boundary of the Oregon Caves National Monument, and for
other purposes.

The Department supports the intent of S. 3148 as consistent with the
General Management Plan (GMP) for the park but recommends deferring
action on the bill to give us the opportunity to explore ways to
maintain continuity and interagency coordination on issues related to
forest health and recreational opportunities.

S. 3148 would adjust the boundary of the Oregon Caves National Monument
to include the addition of approximately 4,070 acres to enhance the
protection of the resources associated with the monument and to increase
public recreation opportunities. The lands that would be added are
currently managed by the U.S. Forest Service as part of the Siskiyou
National Forest.

In 1907, the Secretary of the Interior withdrew approximately 2,560
acres for the purposes of establishing a national monument. The 1909
presidential proclamation establishing Oregon Caves National Monument
included only 480 acres. The monument was managed by the U.S. Forest
Service until its administration was transferred to the National Park
Service in 1933. The remaining withdrawal outside of the monument is
administered by the USFS as part of the Siskiyou National Forest. This
bill restores these lands to the monument boundary.

There would be no acquisition costs associated with the boundary
expansion and while a formal estimate has not yet been established, we
anticipate National Park Service's management, administrative,
interpretive, resource protection, and maintenance costs could be
approximately \$300,000 - \$750,000 annually.

The explorer Joaquin Miller extolled "The Wondrous marble halls of
Oregon!" when speaking about the newly proclaimed Oregon Caves National
Monument in 1909. Oregon Caves is one of the few marble caves in the
country that is accessible to the public. This park, tucked up in the
winding roads of southern Oregon, is known for its remoteness, the cave
majesty, and the unusual biota. The park is located in the Siskiyou
Mountains and is part of a bioregion that has among the nation's highest
biodiversities of vascular plants and animals -- more than is found even
in the tropics. The high rate of biodiversity is due to the diverse
temperatures, moisture regimes, climates, bedrock, and productivity. The
serpentine caves, cliffs, streams, springs and granitic formations seem
to be just the right size for diversity -- not so large that rare plants
will continue to propagate, but not too small that extinction is high or
migrants cannot find it.

The stream flowing from the cave entrance is a tributary to a watershed
that empties into the Pacific Ocean. There are no human-made
obstructions that would prevent salmon migration, which makes this the
only cave in the National Park Service with an unobstructed link to the
ocean.

The caves are nationally significant and a favorite visit for school
kids and travelers alike. They remain alive and healthy because of the
watershed above them. The park recognized this when developing the 1998
GMP and accompanying Environmental Impact Statement. The plan
recommended the inclusion of the watershed into the park to provide for
better cave protection and to protect the surface and subsurface
hydrology and the public water supply. Because of changes in the
recreational use of the lands since that time, additional discussions
with the USFS are warranted.

S. 3148 would designate approximately 7.6 miles of these waterways as
wild, scenic, or recreational under the Wild and Scenic Rivers Act,
including the first subterranean designated waterway in the country, the
River Styx, which flows through the caves. This designation provides no
additional protections to land and water resources.

S. 3148 also provides authority for the Secretary to protect the water
quality -- in the caves and for public consumption -- and to administer
the lands in accordance with current laws and regulations. The Secretary
is also directed to carry out ecological forest restoration activities
that would establish a fire regime, manage revegetation projects, and
reduce the risk of losing key ecosystem components. The land that this
bill would transfer is categorized by the U.S. Forest Service as
condition class 3 -- high risk of fire. Most of it is also designated as
Late Successional Reserve under the Northwest Forest Plan. We understand
that the Forest Service is currently working on a multi-year effort to
reduce fuels under a comprehensive forest plan which is intended to help
restore the appropriate role of fire in the ecosystem, which in turn
would benefit monument resources that are at risk from fire and fire
suppression damage.

Section 7 of S. 3148 provides for voluntary relinquishment of grazing
leases or permits by permittees to the Secretary of the Interior for
authorized grazing on BLM-managed lands within the Billy Mountain
Grazing Allotment. Under the bill, the Secretary is required to accept
the donation of those permits or leases from grazing.

The Billy Mountain Grazing Allotment is located 15 miles from the OCNM
boundary, and the proposed legislation does not identify a clear link
between this allotment and the monument. This grazing allotment has been
designated under the Medford Resource Management Plan, and subsequent
changes in designation are possible through the land use planning
process if land and resource data indicate that grazing should no longer
be supported on this allotment.

The BLM is opposes this provision. However, the BLM also recognizes the
value of working cooperatively and collaboratively with local
stakeholders to fulfill its multiple use mission on BLM lands.

While the transfer of these lands to the National Park Service would
increase interpretive and educational opportunities for visitors, the
Department finds it important to acknowledge and bring to the
committee's attention a current recreational activity that would be
affected by enactment of this legislation. Hunting is allowed by the
U.S. Forest Service on the lands in question. As currently drafted, the
legislation would extend the monument boundaries in a manner that
prohibits continuation of hunting on these lands. The Department
supports continuation of the diverse and traditional recreation
opportunities on these lands

To insure issues affecting the current forest health activities and
recreational opportunities on the lands are adequately considered, we
recommend the committee defer action on the legislation at this time. We
will continue our discussions with the U.S. Forest Service on these
matters.

Should the committee decide to move ahead on the legislation, the
Department recommends one technical amendment to the language involving
the transfer of the land from one Federal agency to another.

Mr. Chairman, this concludes my statement. I would be happy to answer
any questions that you may have.

Suggested technical amendment to S. 3148

On page 5, line 14, after "transfer" insert "administrative jurisdiction
of"

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL
PARKS OF THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES,
CONCERNING S. 3158, TO EXTEND THE AUTHORITY FOR THE CAPE COD NATIONAL
SEASHORE ADVISORY COMMISSION.**

**JULY 30, 2008**

Mr. Chairman, thank you for the opportunity to appear before you today
to present the views of the Department of the Interior on S. 3158, to
extend the authority for the Cape Cod National Seashore Advisory
Commission.

The Department strongly supports enactment of S. 3158, which would amend
Section 8(a) of Public Law 87-126 to extend the life of the 10-member
Cape Cod National Seashore Advisory Commission (commission) from 2008
until 2018. The Administration transmitted a similar proposal to
Congress on May 19, 2008.

The commission was authorized in 1961, as part of the national
seashore's enabling legislation and began operation in 1966. It has been
legislatively and administratively reauthorized several times. The
commission was last reauthorized for a ten-year period by Public Law
105-280 and is set to expire on September 26, 2008.

The commission is an exemplary example within the National Park System
of a partner in cooperative land stewardship. Its purposes are to advise
park management on questions relating to private land ownership and
occupancy inside the boundaries of the national seashore, and on the
management of recreational activities. Membership consists of one
representative from each of the six lower cape towns, two
representatives from the Commonwealth of Massachusetts, one
representative from Barnstable County, and one representative of the
Secretary of the Interior.

Cape Cod National Seashore, located in eastern Massachusetts, was
authorized by Public Law 87-126 in 1961, and established in 1966 with a
unique pattern of land ownership and management. The six lower cape
towns, from whose lands the Cape Cod National Seashore was carved,
retain ownership of numerous parcels within the park including ponds,
beaches, parking lots and roads. In addition, more than 600 parcels
inside the park are privately owned. Under a unique landowner
arrangement, sometimes referred to as the "Cape Cod Formula," these
parcels are expected to remain in private hands. However, activities on
these lands can have profound effects on protected resources within the
national seashore, creating a need for constructive and creative
dialogue among landowners and park managers.

The Cape Cod National Seashore Advisory Commission is a valuable asset
that enhances communication between park managers and local communities
and has established an excellent reputation as a facilitator of vital
public/private dialogue. Frequent use of subcommittees dedicated to the
exploration of specific questions allows local opinion leaders to remain
involved. At the same time, it permits numerous parties to have direct
access to park management through dozens of hours of consultation that
park staff would be otherwise unable to support either individually or
in public hearings.

The commission's state and local representatives participate actively,
and they strongly support its continuation. The cost of administering
the Commission is minimal, approximately \$7,000 annually, and is
covered by the park's operating budget.

Mr. Chairman that concludes my prepared remarks. I would be happy to
answer any questions you or other members of the subcommittee may have.

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL
PARKS OF THE SENATE COMMITTEE ON ENERGY AND NATURAL RESORCES CONCERNING
S. 3247, TO PROVIDE FOR THE DESIGNATION OF THE RIVER RAISIN NATIONAL
BATTLEFIELD PARK IN THE STATE OF MICHIGAN**

# July 30, 2008

#  

Mr. Chairman, thank you for the opportunity to present the views of the
Department of the Interior on S. 3247, a bill to provide for the
designation of the River Raisin National Battlefield Park in the State
of Michigan.

At this time, the Department recommends deferring action on S. 3247. Our
recommendation does not detract from the significance and importance of
this battlefield site and the historical events associated with this
major engagement of the War of 1812. We believe that the special
resource study and the national historic landmark nomination currently
underway should be completed so a determination can be made if the site
is nationally significant and is both suitable and feasible to be
designated as a unit of the National Park System.

S. 3247 directs the Secretary of the Interior to accept the donation of
real property from willing landowners in Monroe or Wayne Counties,
Michigan, relating to the Battles of the River Raisin and their
aftermath. If sufficient acreage to permit efficient administration is
donated, the Secretary shall designate the acquired land as a unit of
the National Park System. The new unit would be known as the "River
Raisin National Battlefield Park."

Public Law 109-429, signed by President Bush on December 20, 2006,
authorized the Secretary of the Interior to complete a special resource
study of sites relating to the Battles of the River Raisin on January 18
and 22, 1813 and their aftermath. The study would provide alternatives
for the appropriate way to preserve, to protect, and to interpret these
sites and resources. Those alternatives would include recommendations on
whether the area could be included as a new unit or part of an existing
unit of the National Park System, or if the Federal government is the
most appropriate entity to manage the site.

The National Park Service has begun work on the special resource study
and preliminary evaluation indicates that the site would qualify as a
national historic landmark. There is intact archaeological evidence of
the site; and archaeologists within the National Park Service's
Battlefield Protection Program say that if the archaeology is preserved,
the site has impressive integrity as a battlefield.

We believe the study process should be allowed to continue in tandem
with the national historic nomination. With public involvement, these
two efforts will provide needed information to determine the best path
for preservation and interpretation of the battlefield. We expect both
to be completed in 2-3 years from now.

The battles of the River Raisin were among the largest and most tragic
engagements of the War of 1812. They were fought where the River Raisin
enters Lake Erie at Frenchtown, or present day Monroe. Only 33 of the
934 American soldiers who fought in the battles escaped death or
capture. The massacre of wounded soldiers by Indians on January 23,
1813, shocked people throughout the Northwest Territories. This was
later known as the "Massacre of the River Raisin."

The River Raisin was left a desolate, nearly abandoned settlement for
eight months following the massacre. It was liberated on September 27,
1813, when Colonel Richard M. Johnson's Kentucky cavalry, led by men
from the River Raisin, rode into the settlement. Although the British
could not return, destruction was so severe that the River Raisin
settlement remained desolate and impoverished for five years after the
battle.

Until recently, the site of the main battlefield was occupied by an
abandoned paper mill and listed as a brownfield site. However, the city
of Monroe has received \$1 million in grants and loans from the Clean
Michigan Initiative and the Michigan Department of Environmental Quality
to remove the structures and mitigate any polluted soils. An
archaeologist monitored the removal and cleanup activities at the site,
which has recently been transferred to public ownership.

That concludes my testimony. I would be happy to answer any questions
you or other members of the subcommittee may have.

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS OF
THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES, REGARDING BILL S.
3226, TO RENAME THE ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORIC SITE IN
THE STATE OF KENTUCKY AS THE "ABRAHAM LINCOLN BIRTHPLACE NATIONAL
HISTORICAL PARK".**

**July 30, 2008**

Mr. Chairman and members of the committee, thank you for the opportunity
to appear before you to present the views of the Department of the
Interior on S. 3226, a bill to rename the Abraham Lincoln Birthplace
National Historic Site in the State of Kentucky as the "Abraham Lincoln
Birthplace National Historical Park".

The Department supports enactment of S. 3226, as we believe that the
term "national historical park" is a more appropriate designation for
the Abraham Lincoln Birthplace site than its current designation. This
bill is based on an Administration legislative proposal that was
transmitted to Congress on May 8, 2008.

Abraham Lincoln, one of our most revered Presidents, was born February
12, 1809, in a one-room log cabin on the Sinking Spring Farm near
Hodgenville, Kentucky. This site, where the Lincoln family lived until
1811, was established as the Abraham Lincoln Birthplace National
Historic Site in 1916. This 116-acre site features a memorial building
that preserves an early 19^th^ century Kentucky cabin, symbolic of the
one in which Lincoln was born.

In 1811, the family lost title to their Sinking Spring Farm and moved
ten miles away to 30 leased acres in the Knob Creek Valley. It was here
that young Abraham first attended the 'Blab Schools,' so named because
the children recited their lessons aloud. It was also here that a third
child was born to the family, Thomas Lincoln, Jr., who survived only a
short time. The Lincolns lived at Knob Creek Farm until 1816, when they
moved to Indiana. Public Law 105-355, enacted in 1998, authorized the
acquisition of Knob Creek Farm, and the 228-acre parcel of land was
donated to the National Park Service in November 2001. This acquisition
added a second unit to the Historic Site.

Because the Historic Site now has two non-contiguous sites, its 2006
General Management Plan recommends seeking legislation to change its
name to "Abraham Lincoln Birthplace National Historical Park," which
would make the name consistent with other parks that have historic
resources at multiple sites.

This legislation proposes a name change only. Costs associated with the
name would be minimal and would only involve changing the park name on
signs, letterhead, and brochures.

Mr. Chairman, this concludes my statement. I will be happy to answer any
questions that you or members of the committee may have.