**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.
1209, TO PROVIDE FOR THE CONTINUED ADMINISTRATION OF SANTA ROSA ISLAND,
CHANNEL ISLANDS NATIONAL PARK, IN ACCORDANCE WITH THE LAWS (INCLUDING
REGULATIONS) AND POLICIES OF THE NATIONAL PARK SERVICE, AND FOR OTHER
PURPOSES**

**May 15, 2007**

Mr. Chairman, thank you for the opportunity to appear before the
subcommittee today to present the views of the Department of the
Interior on S. 1209, to provide for the continued administration of
Santa Rosa Island, Channel Islands National Park, in accordance with the
laws (including regulations) and policies of the National Park Service,
and for other purposes.

The Department supports S. 1209. This legislation would ensure that the
laws governing the administration of Channel Islands National Park
supersede other provisions of law that might interfere with appropriate
management. In conjunction with providing for that assurance, S. 1209
would repeal a provision enacted last year, Section 1077(c) of the
Public Law 109-364, that has created uncertainty regarding the National
Park Service's limited role with respect to the planned removal of
privately owned non-native elk and deer from Santa Rosa Island by 2011,
as provided for by a 1998 court-approved settlement agreement.

Channel Islands National Monument was designated in 1938 by President
Franklin D. Roosevelt under the authority of the Antiquities Act. In
1980, the monument was expanded to include additional islands, including
the 54,000-acre Santa Rosa Island, and redesignated as Channel Islands
National Park. The park's purpose is to protect the nationally
significant natural, scenic, wildlife, marine, ecological,
archaeological, cultural, and scientific values of the five California
Channel Islands that comprise the park. During consideration of the
legislation to redesignate Channel Islands National Monument as a
national park, a deliberate decision was made to not allow hunting
there, just as hunting is not permitted in other national park units
designated as "National Parks."

Once it was determined that Santa Rosa Island was to be incorporated
within Channel Islands National Park, Vail and Vickers, Ltd. (V&V), the
island's owner, requested that it be the highest priority for
acquisition by the National Park Service (NPS). This was reflected in
the 1980 legislation. In 1986, V&V sold Santa Rosa Island to the NPS for
\$29.5 million. V&V retained a 25-year non-commercial reservation of use
and occupancy for a 7.6-acre area containing the ranch house and a
nearby field. At the request of V&V, supported by members of Congress,
the NPS issued two 5-year special use permits to allow V&V to continue
their cattle ranching and elk and deer hunting operations.

In 1996, because of impacts on endangered species and water quality, the
National Parks Conservation Association sued the NPS over the management
of Santa Rosa Island. In 1997, V&V sued NPS to retain their current
special use permit and continue their operations until 2011. A three-way
settlement agreement, entered by the court in 1998, provided for
removing the cattle by the end of 1998 (which occurred on schedule), and
for phasing out deer and elk and removing them altogether by the end of
2011, when the V&V 25-year reservation of the 7.6-acre area expires. The
settlement agreement included two options under which hunting could
continue. The parties chose the second option, which was to manage the
deer and elk using adaptive management guidelines based on the
monitoring of two federally listed endangered plants. Each year, the
NPS, with recommendations from an agreed-upon scientific panel,
determines the number of deer and elk permitted. Regardless of the
management option, all deer and elk are to be removed by V&V no later
than the end of 2011. At that time, V&V will be required to remove all
their property, including any of their remaining deer and elk.

Removal of the herds will bring about two fundamental benefits: First,
native plants and animals will be able to flourish. Channel Islands
National Park has been in the forefront of the NPS' efforts to control
non-native species that out-compete the native species. The park has
undertaken several successful ecological restoration programs. The
eradication of introduced rats from Anacapa Island has resulted in the
increased survivability of the Xantus's murrelet, a State of California
threatened species. The removal of introduced rabbits, cattle, sheep,
pigs, and mules from Santa Barbara, Santa Rosa, Santa Cruz and San
Miguel Islands has allowed for vegetation restoration.

In addition, last year, for the first time in 50 years, an American bald
eagle was hatched in the northern Channel Islands, on Santa Cruz Island,
due to the successful efforts of park staff, local communities, The
Nature Conservancy, and the Montrose Trustees who have worked together
on this project. Another eaglet was hatched there just last month. And,
for the first time in 70 years, a peregrine falcon chick has hatched on
Santa Barbara Island. The NPS looks forward to more successes of this
type in the Channel Islands, including Santa Rosa Island.

Second, with private commercial hunting no longer an option, the island
can be opened up for other recreational purposes, such as hiking,
camping, and sightseeing, on a year-round basis. While it varies, at
present, about 90 percent of the island is generally off limits for
general recreation during the four to five months of each year that
hunting occurs. The closure is particularly troublesome because Santa
Rosa Island is currently the most accessible of the five islands that
are part of Channel Islands National Park.

As noted at the beginning of this statement, Section 1077(c) of P.L.
109-364 created uncertainty about the planned removal of the deer and
elk required under the settlement agreement. The provision states:

> *RECREATIONAL ACTIVITIES ON SANTA ROSA ISLAND.---The Secretary of the
> Interior shall immediately cease the plan, approved in the settlement
> agreement for case number 96-7412 WJR and case number 97-4098 WJR, to
> exterminate the deer and elk on Santa Rosa Island, Channel Islands,
> California, by helicopter and shall not exterminate or nearly
> exterminate the deer and elk.*

The Department does not have a plan to exterminate the deer and elk;
removal of the herds is the responsibility of the owners, V&V. What the
provision does is prohibit the NPS from participating in any plan
approved in the settlement agreement to exterminate the deer and elk by
helicopter, and prohibit the NPS from destroying the deer and elk by any
other means. Section 1077(c) affects the section of the settlement
agreement that states:

> *In the last year that V&V will have elk or deer on \[the island\],
> V&V will remove the remaining deer and elk to the greatest extent
> feasible. Provided that V&V meets all deer and elk reduction
> requirements in every year prior to 2011, and provided that the
> remaining deer and elk in 2011 become extraordinarily difficult to
> remove despite the diligent efforts of removal by V&V, \[the National
> Park Service\] will equally share the "unusual costs" of the removal
> of those deer and elk. "Unusual costs" is defined as the cost of
> trained professionals and helicopters.*

Section 1077(c) does not affect the ongoing obligation of V&V under the
settlement agreement to remove the deer and elk from the island by 2011,
but it does mean that the NPS would be unable to assist in the cost of
removal of the herds, as called for under the settlement agreement.

We are concerned about potential unforeseen consequences of a law that
is interfering with the requirements of a settlement agreement that was
drafted with careful consideration of each party's responsibility. The
transition from ranching and hunting to hiking and camping will enhance
the park experience. The settlement agreement offers the promise that
the last phase of the transition will be conducted in an orderly manner,
and the hope that it will go smoothly. Passage of S. 1209 will help
ensure that the deer and elk will be removed from Santa Rosa Island in
accord with that agreement.

Mr. Chairman, that concludes my statement. I will be happy to answer any
questions you or 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 RESOURCES,
CONCERNING S. 916 AND H.R. 161, BILLS PROVIDING FOR THE ADDITION OF THE
JAPANESE AMERICAN MEMORIAL AT BAINBRIDGE ISLAND, WASHINGTON, TO MINIDOKA
INTERNMENT NATIONAL MONUMENT AND THE CONVEYANCE OF THE GOODING DIVISION
OF THE MINIDOKA PROJECT.**

# May 15, 2007

Mr. Chairman, thank you for the opportunity to provide the Department of
the Interior's views on S. 916 and H.R. 161. Both bills would authorize
the addition of the *Nidoto Nai Yoni* Memorial on Bainbridge Island,
Washington to the boundary of the Minidoka Internment National Monument
in Idaho. S. 916 would also authorize the conveyance of certain
facilities, buildings and lands of the Gooding Division of the Minidoka
Project in Idaho to the American Falls Reservoir District #2.

The Department supports the goals of both S. 916 and H.R. 161.

Minidoka Internment National Monument, in southern Idaho, was
established by Presidential Proclamation in 2001 to provide
opportunities for public education and interpretation of the internment
of Japanese Americans during World War II. It is one of two units (the
other being Manzanar National Historic Site in California) where the
National Park Service documents and describes the experiences of the
almost 120,000 Japanese Americans who were forced from their homes on
the West Coast and in southern Arizona during World War II under
Executive Order 9066. Most spent the next three years in one of ten
"relocation centers" across the country run by the War Relocation
Authority. More than 13,000 Japanese Americans were incarcerated at the
Minidoka Relocation Center, which was in operation from August 10, 1942
to October 28, 1945.

H.R. 161, which was passed by the House on February 6, 2007, and Title I
of S. 916 would include the Bainbridge Island Japanese American Memorial
in Washington in the boundary of the Minidoka Internment National
Monument. The legislation would implement the recommendations of the
study that the National Park Service conducted in accordance with Public
Law 107-363, the Bainbridge Island Japanese American Memorial Study Act
of 2002.

The official name of the Japanese American memorial is "*Nidoto Nai
Yoni,"* which means "let it not happen again." It commemorates the
Bainbridge Island residents who were the first group of Japanese
Americans to be forcibly removed from their homes and relocated to
internment camps. On the morning of March 30, 1942, 227 Bainbridge
Island Nikkei were assembled at the Eagledale Ferry Dock on Bainbridge
Island and transported to Seattle, where they were placed on a train
that sent them to the Owens Valley Reception Center located at Manzanar,
California. Most subsequently requested transfer to the Minidoka
Relocation Center to join other Nikkei being sent there from Seattle,
Portland, and other Pacific Northwest areas. The addition of the
Bainbridge Island Memorial to the Minidoka Internment National Monument
would make this direct connection between the two sites, and provide
more context and depth to the broader story of Japanese American
internment.

The *Nidoto Nai Yoni* Memorial site consists of approximately 8 acres of
land owned by the City of Bainbridge Island, Washington. Under S. 916
and H.R. 161, as called for by the National Park Service's study, the
site would be managed through a partnership arrangement between the
National Park Service and other public and private entities, and costs
would be shared among the partners. The estimate for the one-time cost
to the National Park Service for development is \$350,000 to \$400,000
for facility construction and interpretive media, using a 50/50 match
with non-federal partners. Additionally, the National Park Service would
contribute to the operational costs for the site by funding one
permanent and up to three seasonal interpretive employees at an annual
cost of up to \$200,000 included in Minidoka Internment National
Monument's operating budget. The principal role of the National Park
Service at the *Nidoto Nai Yoni* Memorial site would be in the area of
public interpretation and education.

Title II of S. 916 would authorize the title transfer of federally owned
facilities, buildings, and lands that are part of the Gooding Division
of the Minidoka Project from the Bureau of Reclamation to the American
Falls Reservoir District #2.

Reclamation law and policy contemplate the transfer of projects to local
entities where and when such transfer is appropriate. In 1995, the
Bureau of Reclamation began an effort to facilitate the transfer of
title to Reclamation projects and facilities in a consistent and
comprehensive way. Reclamation developed a process known as the
*Framework for the Transfer of Title* - a process whereby interested
non-federal entities would work with and through Reclamation to identify
and address all of the issues that would enable the title transfer to
move forward. Once completed, Reclamation and the entity interested in
taking title would work with the Congress to gain the necessary
authorization for such a title transfer. In the case of the transfer
authorized by this bill, Reclamation and the American Falls Reservoir
District #2 have worked collaboratively and efficiently to successfully
address all the elements of Reclamation's title transfer policy
framework.

One of the Administration's goals in title transfer is to protect the
financial interest of the United States. In this case, the full costs of
all facilities, buildings, and acquired lands to be transferred,
including its central feature, the Milner-Gooding Canal, have already
been repaid pursuant to the District's amendatory repayment contract.
The District has also identified some withdrawn lands for which they
would like to gain title and have agreed to pay the fair market
appraised value for these lands. There are no ongoing revenue streams
associated with the facilities, buildings, and lands. Because the
District has fulfilled its repayment obligation under its contract,
payment is required only for the additional withdrawn lands that the
District has proposed for title transfer.

While the focus of Title II is the transfer of the Reclamation
facilities to the American Falls Reservoir District #2, it also directs
Reclamation to transfer title for specific smaller parcels to the
National Park Service, the Bureau of Land Management, the State of
Idaho, and the City of Gooding, since those entities currently manage
the relevant lands. Reclamation has worked closely with the National
Park Service and the other entities to craft the language that appears
in the transfer agreement.

Two of the smaller parcels, equaling 10.18 acres, would be added to the
boundary of Minidoka Internment National Monument, as called for in the
monument's recently approved General Management Plan (GMP). The smaller
parcel is located in the historic warehouse area and contains three
buildings from the historic period as well as numerous warehouse
foundations. This area would be used as the primary site for visitor
orientation and information. An existing historic warehouse would be
adapted to serve as a visitor contact station and central trailhead for
visitor self-guided walking tours. The larger parcel on the east end of
the national monument was part of the original Relocation Center and was
never developed. It would be used as an overflow parking area and for
special events.

The reason the smaller parcel was not included in the original boundary
for the Minidoka Internment National Monument is because the American
Falls Reservoir District #2 occupied the buildings. After the monument
was established, however, the National Park Service, Reclamation, and
American Falls Reservoir District #2 entered into an agreement to move
the District's operations to a site outside the national monument's
boundary, and that relocation is now nearly complete. The National Park
Service has obligated \$250,000 to the Bureau of Reclamation for
relocation costs. The payment of \$52,996 that S. 916 provides for
Reclamation to make to the District represents the final portion of the
agreed-upon payment that originated with the National Park Service.

Mr. Chairman, that concludes my testimony. We would be pleased to work
with the Committee and the sponsors of S. 916 and H.R. 161 as the
legislation moves forward. I would be happy to answer any questions you
or other members of the Committee may have.

**STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE,
DEPARTMENT OF THE INTERIOR, SUBCOMMITTEE ON NATIONAL PARKS OF THE SENATE
COMMITTEE ON ENERGY AND NATURAL RESOURCES CONCERNING H.R. 376, TO
AUTHORIZE THE SECRETARY OF THE INTERIOR TO CONDUCT A SPECIAL RESOURCES
STUDY TO DETERMINE THE SUITABILITY AND FEASIBILITY OF INCLUDING THE
BATTLEFIELDS AND RELATED SITES OF THE FIRST AND SECOND BATTLES OF
NEWTONIA, MISSOURI, DURING THE CIVIL WAR AS PART OF WILSON'S CREEK
NATIONAL BATTLEFIELD OR DESIGNATING THE BATTLEFIELDS AND RELATED SITES
AS A SEPARATE UNIT OF THE NATIONAL PARK SYSTEM.**

**May 15, 2007**

# 

Mr. Chairman, thank you for the opportunity to present the views of the
Department of the Interior on H.R. 376, a bill to authorize the
Secretary of the Interior to conduct a special resource study to
determine the suitability and feasibility of including the battlefields
and related sites of the First and Second Battles of Newtonia, Missouri,
during the Civil War as part of Wilson's Creek National Battlefield or
designating the battlefields and related sites as a separate unit of the
National Park System.

The Department supports H.R. 376 as passed by the House. However, we
believe that priority should be given to the 37 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.

H.R. 376 would authorize the Secretary to carry out a special resource
study to determine the national significance of sites in Newton County,
Missouri associated with the Civil War. The Secretary would evaluate the
national significance of the battlefields and their related sites and
analyze the potential impact that their inclusion in the National Park
System is likely to have on Wilson's Creek National Battlefield.

A special resource 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 of the National Park System, as part of
the Wilson's Creek National Battlefield, or determine if the Federal
government is the most appropriate entity to manage the site. We
estimate that the costs of completing this study would be approximately
\$250,000 to \$300,000.

Newtonia was the scene of two significant battles in the Civil War, one
on September 30, 1862 and the other on October 28, 1864. The battles
were fought in and around the town of Newtonia, an area that today
retains much of its character from almost a century and a half ago. The
September 30, 1862 battle involved Native American soldiers directly
fighting each other, and the October 28, 1864 battle was the last Civil
War battle fought within the borders of the State of Missouri and the
culmination of Confederate Major General Sterling Price's 1864 Missouri
Expedition.

Newtonia was important as a centralized location to lead mines and the
communities of Mt. Vernon (which housed a Union garrison), Sarcoxie, and
Neosho, making it a tempting area for both sides for control of the
Spring River and its fertile valley. Confederate Colonel Douglas Cooper
had arrived in Newtonia on September 27 and had taken over the area. On
September 30 Union troops under General James Blunt appeared before
Newtonia and the fighting began by 7:00 a.m. The Federals began driving
the enemy away from their positions; but thanks to timely Confederate
reinforcements, the Federals had to give way and retreat. As the Union
forces were retreating, they received reinforcements and renewed their
attack, threatening the enemy right flank. The Union 3^rd^ Indian
Battalion was heavily engaged during the attack on the right flank as
were the Confederate 1^st^ Choctaw and Chickasaw Regiment; in fact the
two units engaged each other directly in a desperate melee. But once
again Confederate reinforcements arrived and pushed the Federals back
and into what quickly became an all out retreat. Some Union forces
retreated all the way to Sarcoxie, some 10 miles away. Although the
Confederates won the battle, they were unable to maintain themselves in
the area due to the superior numbers of Union troops, and most retreated
into northwest Arkansas.

In the last days of October 1864, Newtonia again took center stage.
Confederate Major General Sterling Price had launched his "Missouri
Expedition" in September of 1864 in an effort to retake Missouri for the
Confederacy. His mission was failing miserably by October of 1864; and
after sound defeats at the Battle of Westport on October 21-23 and the
Battle of Mine Creek, Kansas on October 25, he was desperately trying to
make his way back to Confederate Territory. Major General Price made one
last stand at Newtonia on October 28, 1864. Most of his army continued
across the Arkansas River into Texas. Troops under the command of
General Jo Shelby slowed the Union advance of General James Blunt and
held the Union forces at bay until darkness overtook the area and
allowed Shelby's men to join the rest of the comrades in retreating to
Texas. Confederate forces would not seriously threaten to cross the
Arkansas River and invade Missouri again.

Currently the Newtonia Battlefields Protection Association owns and
maintains 25 plus acres of the Battlefields. This includes the Ritchey
Mansion and the "Old Newtonia Cemetery" or the "Civil War Cemetery" as
it is locally known, with one battle participant, Captain Richard
Christian, buried in it. There are approximately 200 graves, marked only
by rough sandstone or field stones, which are almost certainly graves of
Confederate dead.

The Newtonia Battlefields Protection Association was instrumental in
having the sites of the 1862 and the 1864 battles listed on the National
Register of Historic Places. The Ritchey Mansion was previously listed
on the National Register, and the Association revised that application
after they purchased the Mansion in 2002. The Association applied for
and received three grants from the American Battlefield Protection
Program (ABPP) of the National Park Service. Two of those studies were
archeological studies, "Engaged the Enemy Again---An Assessment of the
1862 and 1864 Civil War Battles at Newtonia, Missouri ;"( Fryman 1995)
and "Newtonia Battlefields and Archeological Survey" (White Star 1998).
Also in 2000, "A Preservation Plan for the Civil War Battlefields of
Newtonia, Missouri" was funded by the ABPP and completed by Gray & Pape,
Inc.

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,
U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SENATE SUBCOMMITTEE ON
NATIONAL PARKS OF THE COMMITTEE ON ENERGY AND NATURAL RRESOURCES,
CONCERNING S. 1281, TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE
CERTAIN RIVERS AND STREAMS OF THE HEADWATERS OF THE SNAKE RIVER SYSTEM
AS ADDITIONS TO THE NATIONAL WILD AND SCENIC RIVERS SYSTEM.**

**MAY 15, 2007**

Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to appear before you today to present the views of the
Department of the Interior on S.1281, a bill to amend the Wild and
Scenic Rivers Act by designating portions of the Snake River System in
Wyoming as a component of the National Wild and Scenic Rivers System.

The Department supports the designation of the waters included in S.1281
that flow through lands administered by the National Park Service (NPS).
While we support the approach taken by S.1281 in protecting the
watershed of the Snake River headwaters, we defer to the Department of
Agriculture in regard to the portions of the bill that designate
segments of rivers that flow through lands administered by the U.S.
Forest Service. In addition, we suggest several technical amendments
which are described later in this testimony.

S. 1281 would designate the Lewis River in Yellowstone National Park
from Shoshone Lake to Lewis Lake as Wild, and from Lewis Lake to its
confluence with the Snake River as Scenic. The Snake River, from its
source in the Teton Wilderness and then flowing through Yellowstone, the
John D. Rockefeller, Jr. Memorial Parkway, and Grand Teton National
Park, would be designated as Wild above Jackson Lake. From one mile
below the Jackson Lake Dam until leaving Grand Teton, the Snake and its
tributaries Pacific Creek, the Buffalo Fork, and the Gros Ventre River
would be designated as Scenic.

Efforts to designate the upper Snake River system as part of the
National Wild and Scenic River System have been led by the Campaign for
the Snake Headwaters, a grassroots effort led by local citizens,
businesses, anglers, boaters, and conservationists.

The headwaters of the Snake River, which begin in the Bridger-Teton
National Forest then run through southern Yellowstone National Park into
the John D. Rockefeller, Jr. Memorial Parkway and Grand Teton National
Park in northwest Wyoming, are some of the purest waters in the nation.
The headwaters are a stronghold for native cutthroat trout, harbor a
vast array of bird and wildlife populations, and the Snake River and its
tributaries provide diverse recreational opportunities for visitors to,
and residents of, the Greater Yellowstone Ecosystem.

The Snake River above Jackson Lake was initially evaluated for
eligibility in the Wild and Scenic Rivers System in the 1980s. In 2005,
NPS resource managers conducted an evaluation of the Snake River below
Jackson Lake, as well as major tributaries within Grand Teton National
Park, the Buffalo Fork, Pacific Creek, and the Gros Ventre River. The
evaluations were made in coordination with the U.S. Forest Service,
following procedures they recommended and used to evaluate segments of
the waterways located on neighboring national forest lands. The
evaluations, in accordance with section 5(d)(1) of the Wild and Scenic
Rivers Act, document the outstanding recreational, scenic, cultural,
geological, and ecological values of the upper Snake River system, which
merit its inclusion in the Wild and Scenic Rivers System.

Designation of Snake River System waters would support the spirit and
intent of existing management plans for Yellowstone and Grand Teton
National Parks and the John D. Rockefeller, Jr. Memorial Parkway,
including the 1997 Snake River Management Plan for Grand Teton and the
1980 General Management Plan for the Parkway. Yellowstone's Statement
for Management (November 1991) states that a prime objective is to
conserve and protect the integrity of Yellowstone's natural resources,
recognizing human interaction as a part of that ecosystem.

If designated as components of the National Wild and Scenic River
System, the river segments in Yellowstone and Grand Teton National Parks
and the John D. Rockefeller, Jr. Memorial Parkway will continue to
provide a range of recreational opportunities for private and commercial
floating and fishing, as well as an array of backcountry and
non-wilderness recreational activities in the river corridors.

Consistent with the Act that established Grand Teton National Park in
1950, we anticipate that wild and scenic designation of the Snake River
would not affect the Bureau of Reclamation's operation and maintenance
of Jackson Lake Dam and water levels in Jackson Lake reservoir, a
natural lake augmented for nearly 100 years by a dam for purposes of
irrigation and flood control. Additionally, we anticipate that
monitoring and equipment maintenance activities that are now carried out
by the Bureau of Reclamation upstream of Jackson Lake, such as
streamgaging and snowpack measurement, would continue. Designation as a
component of the National Wild and Scenic River System would provide
additional protection for the outstanding scenic, recreational, and
wildlife resources above and below Jackson Lake on National Park System
lands.

S. 1281 also provides for quantification of a federal reserved water
right for each river segment, and for funds to develop river management
plans. The Department is currently reviewing the impact that this
process could have on existing uses in the basin. The NPS would
cooperate with adjacent national forest managers, the Bureau of
Reclamation, cooperative organizations, State and local government
agencies, and interested members of the public to develop appropriate
planning guidance for the rivers designated under this bill.

We would be pleased to work with the Subcommittee on several technical
amendments that would strengthen S. 1281. In particular, we suggest that
sections 3 and 6 be clarified to state that some of the river segments
identified in the bill are within Yellowstone National Park and the John
D. Rockefeller, Jr. Memorial Parkway. We would also like to work with
the Subcommittee regarding the operation of section 5 governing federal
reserved water rights. Also, a number of river segments described in the
bill form the boundary between national park and national forest lands,
and in the case of the Gros Ventre River between Grand Teton National
Park and the National Elk Refuge, administered by the U.S. Fish and
Wildlife Service. As written, we believe the legislation could lead to
confusion as to which agency is responsible for administration of these
segments, and would suggest that the bill be amended to clarify the
jurisdiction.

Mr. Chairman that completes my prepared remarks. I would be happy to
answer any questions that 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,
SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES, CONCERNING S. 800, TO
ESTABLISH THE NIAGARA FALLS NATIONAL HERITAGE AREA IN THE STATE OF NEW
YORK AND FOR OTHER PURPOSES.**

**May 15, 2007**

Mr. Chairman, thank you for the opportunity to appear before your
committee to present the views of the Department of the Interior on S.
800, a bill to establish the Niagara Falls National Heritage Area in the
State of New York.

While a feasibility study has found the Niagara Falls region appropriate
for designation, we recommend that the committee defer action on S. 800
and all other proposed heritage area designations until program
legislation is enacted that establishes guidelines and a process for the
designation of national heritage areas. Last year, the Administration
sent to Congress a legislative proposal to establish such guidelines and
a process for designation. Bills were introduced in the 109th Congress
(S. 243, H.R. 760 and H.R. 6287) that incorporated the majority of the
provisions of the Administration's proposal, and S. 243 passed the
Senate. During the 110th Congress, a similar heritage area program bill,
S. 278, has been introduced, and we look forward to continuing to work
with Congress on this very important issue.

With 37 national heritage areas designated across 27 states, and more
heritage area legislative proposals in the pipeline, the Administration
believes it is critical at this juncture for Congress to enact national
heritage area program legislation. This legislation would provide a
much-needed framework for evaluating proposed national heritage areas,
offering guidelines for successful planning and management, clarifying
the roles and responsibilities of all parties, and standardizing
timeframes and funding for designated areas. Program legislation also
would clarify the expectation that heritage areas would work toward
self-sufficiency by outlining the necessary steps, including appropriate
planning, to achieve that shared goal.

In 2006, the National Park Service completed a national heritage area
feasibility study of the Niagara Falls region pursuant to Public Law
107-256, the "Niagara Falls National Heritage Area Study Act." The study
concluded that the region met all of the criteria for designation as a
national heritage area including the existence of significant levels of
public support and local commitments necessary for successful planning
and implementation of a heritage area.

The Niagara River flows for 35 miles between Lake Erie and Lake Ontario
and includes the rapids, Niagara Falls, and the Niagara River Gorge.
Eight parks operated by the State of New York are located along the
river and within the gorge. The river forms a boundary between the
United States and Canada.

Niagara Falls is an internationally significant natural resource that
attracts from 8 to 10 million visitors a year. It is one of the most
well-known destination attractions in the United States and Canada. The
Niagara River Gorge is an exceptionally scenic corridor, carved by the
movement of the falls from its original location near Lewiston, New York
(10,000 to 15,000 years ago) to its present location 10 miles upstream
at the City of Niagara Falls. Besides its scenic values, the gorge has
been cited as a world-class location of fossils from the Upper
Ordovician and Silurian periods.

The Niagara River region contains a wide variety of flora and fauna.
Recent inventories identified 1,623 plant species including unique
miniature old growth eastern white cedars. Fauna inventories also
include 50 mammal species, 17 amphibian species, 99 fish species, and 17
species of reptiles. Bird inventories identify 342 species including 19
separate species of gulls. One-day counts of gull populations have
reached over 100,000 individuals. In recognition of this critical
habitat, the National Audubon Society has designated the Niagara River
as a Globally Important Bird Area.

The region is also rich in cultural resources related to the history of
the United States and Canada. It has significant associations with
Native American habitation and early European contact, the French and
Indian War, the American Revolution, and the War of 1812. It was also a
major link in the Underground Railroad for African Americans escaping
slavery to enter Canada. The existence of ample water made it an early
site for hydroelectric power and it remains an important source to this
day.

Three National Historic Landmarks have been designated along the Niagara
River. The Adams Power Transformer House, built in 1895, is the only
surviving structure of a hydroelectric facility that has been called
"the birthplace of the modern hydroelectric power station." The Niagara
Reservation, which includes the American Falls, was the first state park
in the nation created under eminent domain and originally designed by
Frederick Law Olmsted. The Colonial Niagara Historic District, within
the communities of Lewiston and Youngstown, was a key portage route
linking interior North America and the Atlantic seaboard until the late
1700s. It also contains extant resources associated with Native American
occupation and early European contact. Historic Fort Niagara on the
shore of Lake Ontario is an important component of the district. Within
the City of Niagara Falls and the communities of Lewiston and
Youngstown, there are 14 sites listed on the National Register of
Historic Places.

Despite the richness of the natural and cultural resources in the area,
there is widespread belief that the United States side of the falls has
never fully achieved its tremendous potential for visitors and for the
local communities. A heritage partnership framework has been advocated
as a way for the many partners in the region to protect its precious
resources and further the contribution of the Niagara Falls region to
the United States and to the people of New York. We have found
considerable support for this proposal during the feasibility study.

S. 800 provides for the establishment of a limited term (5-year) federal
commission to undertake the heritage management plan and to identify a
successor local coordinating entity representing the varied interests of
the region. It includes the opportunity for a limited number of heritage
area related resources, outside of the designated heritage area
boundary, to participate in heritage area programs if they are
identified as eligible through the heritage area management planning
process. These provisions are consistent with the preferred alternative
of the National Park Service national heritage area feasibility study.

Mr. Chairman, while the proposed Niagara Falls National Heritage Area
contains significant natural and cultural resources and meets the
established criteria for congressional designation, we would again
request that the committee defer action until national heritage area
program legislation is enacted. However, if the committee chooses to
move ahead with this bill, the Department would like to work with them
to make some technical corrections to the bill. In addition, the
Department would recommend that the bill be amended to include an
additional requirement for an evaluation to be conducted by the
Secretary, three years prior to the cessation of federal funding under
this act. The evaluation would examine the accomplishments of the
heritage area in meeting the goals of the management plan; analyze the
leveraging and impact of investments to the heritage area; identify the
critical components of the management structure and sustainability of
the heritage area; and recommend what future role, if any, the National
Park Service should have with respect to the heritage area.

We are also advised by the Department of Justice that the restrictions
placed on the Secretary\'s authority to appoint the members of the
Niagara Falls National Heritage Area Commission raise constitutional
concerns. We, along with the Department of Justice, would like to work
with the committee to address these concerns.

Thank you for the opportunity to comment. This concludes my prepared
remarks. I would be glad to answer any questions that you or the members
of the committee 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. 553,
TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE CERTAIN SEGMENTS OF
THE EIGHTMILE RIVER IN THE STATE OF CONNECTICUT AS COMPONENTS OF THE
NATIONAL WILD AND SCENIC RIVERS SYSTEM, AND FOR OTHER PURPOSES.**

**May 15, 2007**

Mr. Chairman, thank you for the opportunity to appear before your
committee today to discuss the views of the Department of the Interior
on S. 553, a bill to amend the Wild and Scenic Rivers Act by designating
segments of the Eightmile River and its tributaries as components of the
Wild and Scenic Rivers System.

The Department supports enactment of this legislation.

S. 553 would designate 25.3 miles of the Eightmile River and its
tributaries as part of the Wild and Scenic Rivers System, administered
by the Secretary of the Interior. The River would be managed in
accordance with the Eightmile River Watershed Management Plan with the
Secretary coordinating with the Eightmile River Coordinating Committee.
The bill authorizes the Secretary to enter into cooperative agreements
with the State of Connecticut, the towns of Lyme, East Haddam, and
Salem, Connecticut, and appropriate local planning and environmental
organizations.

The Eightmile River is located in the lower Connecticut River watershed
in south central Connecticut. Its name comes from the fact that the
river is located eight miles from the mouth of the Connecticut River.
Fifteen miles of the Eightmile River and its East Branch through the
communities of Lyme, East Haddam, and Salem, Connecticut are included on
the National Park Service's Nationwide Rivers Inventory of potential
wild and scenic river segments. Both segments are included on the
inventory for outstanding scenic, geologic, fish and wildlife values. In
addition to those values, the draft report also documents outstandingly
remarkable water quality, hydrologic, and cultural resource values. Over
eighty percent of the Connecticut River watershed is still forested,
including large tracts of unfragmented hardwood forests that are home to
a diverse assemblage of plants and animals including bobcats, Great
Horned Owls, red foxes, and the Cerulean Warbler.

P.L. 107-65, the Eightmile Wild and Scenic River Study Act of 2001,
authorized a study of the Eightmile River for potential inclusion in the
Wild and Scenic Rivers System. As a part of the study, the National Park
Service worked with the communities of Lyme, East Haddam, and Salem,
Connecticut; the State of Connecticut; The Nature Conservancy; and local
conservation interests to study the natural and cultural resources of
the Eightmile River and develop a management plan to conserve those
special values. The resulting Eightmile River Watershed Management Plan
(December, 2005) was brought before special town meetings in each of the
communities and was overwhelmingly supported by the public, as was the
plan's recommendation to seek Wild and Scenic River designation. While
the study is still under final Departmental review, it has preliminarily
concluded that the proposed segments of the Eightmile River and its
tributaries are eligible for inclusion into the National Wild and Scenic
Rivers System because of their free-flowing nature and outstandingly
remarkable scenic, geologic, fish and wildlife values.

S. 553 would implement the environmentally preferred alternative
contained in the draft study report, which was released for public
review and comment in July 2006. This draft report highlights a
watershed ecosystem that is unique within the State of Connecticut in
terms of its intact hydrology, water quality and ecosystem health. The
commitment of local, state and non-governmental partners is also
exemplary. Having already been through a local town meeting process,
only one comment was received on the draft report -- a letter of support
from the State Park Director for the State of Connecticut. Consequently,
while the study and the accompanying Finding of No Significant Impact
(FONSI) document has not been finalized, the National Park Service does
not anticipate making any changes in the study recommendations based on
public comments.

If S. 553 is enacted, the Eightmile River will be administered as a
partnership wild and scenic river, similar to other recent designations
in the northeast, including the Farmington River in Connecticut and the
Musconetcong River in New Jersey. This approach emphasizes local and
state management solutions, and has proven effective as a means of
protecting outstandingly remarkable natural, cultural and recreational
resource values without the need for direct federal management or land
acquisition.

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.