Alaska Subsistence A National Park Service Management History

Notes — Chapter 5

¹ Williss, "Do Things Right the First Time," 218; Federal Register 43 (December 5, 1978), 57009-57132. The NPS, as a result of the proclamation, became the instant steward of 40,780,000 new acres of Alaska land. As the Congressional Record noted on January 15, 1979, p. H 41, no provision was made for subsistence at Kenai Fjords (a 570,000-acre monument) because "there is no record of subsistence activity."

² Anchorage Daily News, December 7, 1978, 1; Federal Register 44 (June 28, 1979), 37743; Williss, "Do Things Right the First Time," 224.

³ Federal Register 43 (December 26, 1978), 60252-58. NPS and F&WS officials knew they were short-circuiting a public process by implementing the rule immediately; to delay, however, would have been "impractical and contrary to the public interest. Furthermore, good cause exists for making these interim regulations effective immediately." (See pp. 60252 and 60255.) Bill Brown, in an April 18, 2001 interview, noted that many rural Alaskans, in the wake of the December 1 monument proclamations, directed their anger—rightly or wrongly—at the NPS. Brown and other NPS employees were particularly vulnerable during this period, because they were asked to physically distribute the interim regulations to villages and to isolated individual dwellings throughout rural Alaska.

⁴ Congressional Record 125 (January 15, 1979), H 41.

⁵ William E. Brown interview, July 14, 1999; Williss, "Do Things Right the First Time," 224; Federal Register 44 (June 28, 1979), 37732-37751. The proposed rule was also published in the Congressional Record 126 (July 23, 1980), S 9585-98; Sen. Mike Gravel (D-AK) commented on the regulations that same day (S 9585).

⁶ Federal Register 44 (June 28, 1979), 37734; Alaska House of Representatives, Special Committee on Subsistence, Interim Newsletter No. 4 (September 1979), 1. The agency held its Kotzebue meeting on September 6. Full-page advertisements preceded the all-day Anchorage and Fairbanks meetings, which were held on August 15 and 16, respectively, before an administrative law judge. According to newspaper accounts, most speakers railed against ANILCA language stating that rural residents had a preferential right to subsistence resources; those compiling management regulations, however, had no latitude to override Congress's clear intent on this matter. Anchorage Daily News, August 4, 1979, A7; Anchorage Daily Times, August 15, 1979, 1-2; August 16, 1979, A1, A12.

⁷ Bob Gerhard to author, email, March 13, 2000.

⁸ Federal Register 44 (June 28, 1979), 37736-37. The date March 25, 1974 is significant because Public Land Order 5418, issued on that date, closed to settlement all remaining public lands in Alaska. The NPS recognized that during the early 1970s "there was some confusion as to the status of land. Therefore, the March 25, 1974 date represents the most equitable cut-off point."

⁹ Ibid., 37737-38.

¹⁰ Ibid., 37734. The AOA comments were not reflected in the language of the June 1979 proposed rule because they were contrary to specific language in the various presidential proclamations.

¹¹ Ibid., 37735.

¹² The number of designated resident zone communities in the various national monuments was as follows: Aniakchak, 2; Bering Land Bridge, 4; Cape Krusenstern, 3; Denali, 2; Gates of the Arctic, 7; Glacier Bay, none; Katmai, 4; Kobuk Valley, 5; Lake Clark, 2; Noatak, 3; Wrangell-St. Elias, 10; and Yukon-Charley, 3. Of the 45 listed communities, six were listed twice: Kivalina, Kotzebue, and Noatak were proposed as resident zone communities for both the Cape Krusenstern and Noatak park units, while Ambler, Kobuk, and Shungnak were listed as resident zone communities for both the Gates of the Arctic and Kobuk Valley park units. Stanley Leaphart, the longtime head of the state-sponsored Citizens' Advisory Commission on Federal Areas, stated in a 1989 meeting that the NPS had chosen these communities based on 1) the various Cooperative Park Studies Unit subsistence studies prepared for the NPS in the mid- to late 1970s, 2) the various final environmental statements prepared in 1974-75 for proposed NPS units, and 3) the Interior Department volume, Final Environmental Supplement, Alternative Administrative Actions, Alaska National Interest Lands (Washington, the author), c. 1978. Leaphart noted that the NPS "also reviewed information from several of its employees who had studied the subsistence lifestyle for years and in some cases who lived in the bush for years," and the agency also "interviewed state and local people knowledgeable about the subsistence lifestyle." GAAR SRC minutes, November 16-17, 1989, 10-11.

¹³ Federal Register 44 (June 28, 1979), 37735, 37742-43, 37751. A second exception for aircraft—on the Malaspina Forelands near Yakutat—was mentioned in Senate Report 96-413 and in the November 12, 1980 Congressional Record, but it was not part of the 1979 regulations. (See Chapter 6, Section E.)

¹⁴ Williss, "Do Things Right the First Time," 255-56; Anchorage Daily Times, February 8, 1979, 45. Whalen noted that Cook was the chairman of the agency's Native American Policy Committee and that he was nominated, in part, because of his concern for the culture and traditions of Native Americans. His grandfather was Cherokee; he had lived for years on the Navajo Reservation; and as noted in Chapter 2, he had compiled a 1969 report for NPS Director George Hartzog on Native American-NPS relations. William E. Brown interview, July 14, 1999; John Cook interview, April 18, 2001; John E. Cook, "Institutional Memories for Managers," CRM Bulletin 16:1 (1993), 14-16.

¹⁵ Williss, "Do Things Right the First Time," 219, 223-24; Anchorage Times, December 15, 1978, 1; March 29, 1979, 51; Anchorage Daily News, August 1, 1979, 3. The largest demonstration in a park unit was held on January 13-14, 1979, when the "Great Denali-McKinley Trespass" was held in the community of Cantwell and on nearby lands within the boundaries of Denali National Monument. The demonstration, organized by the ad hoc Real Alaska Coalition, attracted some 1,500 protestors. It was monitored by a small uniformed group of NPS rangers, primarily in Cantwell, and a larger contingent of agency personnel ready to respond if needed. A number of participants were surprised to learn that many supposedly prohibited activities were permissible in the new monuments. Despite a few overt acts of civil disobedience, no arrests were made. Anchorage Daily News, December 13, 1978, 2; January 15, 1979, 1, 6; Anchorage Times, January 14, 1979, A1, A2; January 15, 1979, A3.

¹⁶ Williss, "Do Things Right the First Time," 275.

¹⁷ The three rangers were Charles A. Budge, who served as both ranger-in-charge at Wrangell-St. Elias National Monument and acting superintendent at Denali National Monument; Paul F. Haertel, who was both ranger-in-charge at Lake Clark and operations chief in the Alaska Area Office; and Charles M. (Mack) Shaver, who became the ranger-in-charge of the three northwestern Alaska monuments. Budge and Haertel, hired in 1979, and Shaver, hired in 1980, became superintendents of Alaska park units within weeks of ANILCA's passage. Williss, "Do Things Right the First Time," 286-87; John E. Cook interview, April 18, 2001.

¹⁸ Williss, "Do Things Right the First Time," 280.

¹⁹ This total was approximately 1.2 million acres greater than had been designated in December 1978. Of the new parklands open to subsistence activities, 21,774,000 acres were in five national parks, 698,000 acres were in two national monuments, and 18,986,000 acres were in ten national preserves. As noted in Chapter 4, the only newly-designated areas not open to subsistence activities were the additions to Glacier Bay and Katmai national parks, plus Kenai Fjords National Park.

²⁰ Federal Register 46 (June 17, 1981), 31836. Similar verbiage is stated in the FR, January 19, 1981, 5642.

²¹ Federal Register 46 (January 19, 1981), 5655. Paleck was the only team member not based in Washington.

²² As one element of the legislative history, Sen. Mike Gravel (D-AK) stressed that "the conservation units designated in this bill in Alaska are fundamentally different than those we have designated in the past in the lower 48 states. ... I hope that this Congress is putting the managing agencies on notice that the goal of the managing agencies should not be to bring the various parks and refuges in Alaska into "conformity" with the uses and regulations which might be appropriate in other units outside of Alaska—that the intent of the Congress is to preserve the differences outlined and accommodated for in this legislation in coming years." Congressional Record 126 (August 19, 1980), S 11186.

²³ Anchorage Times, January 17, 1981, B4; Federal Register 46 (January 19, 1981), 5642. Proposed regulations for the newly-established wildlife refuges (which were to be administered by the Fish and Wildlife Service) were issued the same day.

²⁴ Federal Register 46 (January 19, 1981), 5642-65.

²⁵ William E. Brown interview, April 18, 2001.

²⁶ Federal Register 46 (June 17, 1981), 31836, 31854. In addition to the written comments, four petitions containing a total of 622 signatures were submitted.

²⁷ Final regulations applicable to both NPS and F&WS units were issued on June 17; they became effective on the day they were issued.

²⁸ Federal Register 46 (June 17, 1981), 31836; Resource Manager to Supt. DENA, January 13, 1986, in DENA SRC files.

²⁹ The final rule noted that most of these sections "do not lend themselves to expeditious implementation since they have not previously been the subject of notice and comment. ... It should be emphasized, however, that all parties must comply with these statutory provisions as long as they remain in effect." Federal Register 46 (June 17, 1981), 31839-40.

³⁰ Federal Register 46 (June 17, 1981), 31840-41, 31847-50, 31853. Congressional intent regarding the terms "healthy" and "customary trade" is discussed in Senate Report 96-413 (November 14, 1979), 232-34.

³¹ Federal Register 46 (June 17, 1981), 31840-41, 31849, 31860. According to William Horn, the only guidance that Congress had provided—courtesy of the Senate Committee report, page 233—was that Anchorage, Fairbanks, Ketchikan and Juneau were urban and that Dillingham, Barrow, Bethel, Kotzebue, and Nome were rural. Harold M. Brown to Dennis Kelso, October 28, 1985, in "1986 Federal Assumption Project" folder, AKSO-RS.

³² Federal Register 46 (June 17, 1981), 31840, 31849; William E. Brown interview, April 18, 2001.

³³ The Federal Register for June 17, 1981 (p. 31841) describes the liberalization process that took place between the interim regulations (FR June 28, 1979, 37742, 37749), the proposed final regulations (FR January 19, 1981, 5662), and the final regulations (FR June 17, 1981, 31860-61). This process expanded the way in which resident zones were determined: from "available information and research" to a consideration of "all relevant evidence concerning a community's qualification...". By doing so, political factors played a greater role in determining which communities would be included as resident zones.

³⁴ Federal Register 46 (June 17, 1981), 31840-41, 31850, 31863-64. As noted earlier, the regulations proposed in June 1979 noted 45 resident zone communities, but 14 of those communities were located near national preserves, which in the 1981 regulations were not subject to resident zone status. The specific number of resident zone communities per park unit in the June 1981 regulations was as follows: Aniakchak, 5 (an increase of 3 since June 1979); Cape Krusenstern, 3 (same); Denali, 4 (+2); Gates of the Arctic, 10 (+3); Kobuk Valley, 7 (+2); Lake Clark, 6 (+4); and Wrangell-St. Elias, 18 (+8). Of the 53 communities listed, four were noted twice: Ambler, Kobuk, and Shungnak were resident zone communities for both Gates of the Arctic and Kobuk Valley, and Kotzebue served as a resident zone community for both Cape Krusenstern and Kobuk Valley.

³⁵ On December 2, 1980, Interior Secretary Cecil Andrus issued a Secretarial Order that officially changed the NPS's Alaska Area Office into the Alaska Regional Office, and John Cook's position changed from Area Director to Regional Director. Williss, "Do Things Right the First Time," 256.

³⁶ The first Yukon-Charley Rivers headquarters, for example, was a two-room historic cabin with no telephone; heat was provided a wood-fed barrel stove, but even so, "everything froze on the floor all winter long." Williss, "Do Things Right the First Time," 287-89; NPS Budget Justification Book for FY 1981; Steve Ulvi to author, December 28, 2001. First-year budgets for the new, standalone park units ranged from $98,400 (for Bering Land Bridge National Preserve) to $609,100 (for Wrangell-St. Elias National Park and Preserve).

³⁷ William E. Brown interview, July 14, 1999.

³⁸ Ibid. Brown summarized the NPS's approach during this period as follows: "show the flag, keep a smile on your face, be educational, and don't march in with jack boots." Others active in the "brain trust" during the late 1970s included anthropologists G. Ray Bane and Richard K. Nelson (both of whom had been hired by Zorro Bradley) and oral historian William Schneider.

³⁹ William E. Brown interview, April 18, 2001.

⁴⁰ Anchorage Times, February 15, 1979, 40.

⁴¹ Alaska House of Representatives, Special Committee on Subsistence, Final Report on Activities During the 1979 Interim, January 25, 1980, 45-50; Alaska House of Representatives, Special Committee on Subsistence, Draft Report of the Special Committee on Subsistence; History and Implementation of ... the State's Subsistence Law, May 15, 1981, 16-19; Paul Cunningham to Ron Skoog, April 18, 1979, in "Reading File, 1978-1979," Series 556, RG 11, ASA.

⁴² Anchorage Daily Times, March 29, 1981, 2; Dennis Kelso, Technical Overview of the State's Subsistence Program (Division of Subsistence Technical Paper Number 64), 25; James A. Fall to author, email, July 21, 2000; Terry Haynes interview, April 7, 1999. In September 1979, the term "Subsistence Division"—apparently erroneously—first appeared on an ADF&G report (Gregory D. Moore, Issue Background: Buckland Food Shortage, Technical Paper Number 7).

⁴³ Alaska House of Representatives, Special Committee on Subsistence, Final Report on Activities During the 1979 Interim, January 25, 1980, 1-6. A 1981 minority report of the Special Committee on Subsistence stated that the committee had "such a built in pro-subsistence bias that it has failed to objectively evaluate many important aspects of the issue. We can not expect a fair or reasonable solution based on the performance of this committee thus far."

⁴⁴ Several bills introduced during 11th Alaska legislature (such as HB 315 and HB 544) promised to weaken the new law, but none got beyond the committee stage.

⁴⁵ The March 24, 1979 meeting included testimony by Jerry Gilliland, the DOI's Alaska representative; various subsistence users also spoke. Anchorage Times, March 25, 1979, A-2.

⁴⁶ Special Committee on Subsistence, Alaska House of Representatives, Minority Report, Together with Additional Views to Accompany HB 343, An Act Repealing Laws Relating to Hunting and Fishing..." May 15, 1981, 8; Alaska House of Representatives, Special Committee on Subsistence, Draft Report of the Special Committee on Subsistence; History and Implementation of ... the State's Subsistence Law, May 15, 1981, 13; Morehouse and Holleman, When Values Conflict, 14; ADF&G, Alaska Hunting Regulations, Booklet No. 20 (1979-1980), 7.

⁴⁷ A meeting of the "Southeast Interim Regional Advisory Council" had been held in Juneau on March 9, 1979, a month before the joint boards met. Later that year, meetings were held in Bethel (October 6-7), Fairbanks (October 16-17), and Soldotna (October 22). No meetings were held that year in either southwestern Alaska (Bristol Bay) or the Arctic (Seward Peninsula to North Slope). "Reading File 1979," Series 556, RG 11, ASA. The joint board assigned most (although not all) of the advisory committees to one of six regions, but they were careful not to establish specific regional boundaries.

⁴⁸ Greg Cook to Members, Board of Fisheries and Board of Game, August 6, 1979, in "Reading File 1979," Series 556, RG 11, ASA. Members of the Board of Fisheries and Board of Game fought the regional-council idea. In an August 1979 letter, Fish Board chair Nick Szabo noted that "the extensive meetings and hearings on regional councils the last two years have indicated that the general public would prefer to upgrade the present system rather than take on this new system. ... I have no problem with 'joint advisory committee meetings' as long as we can continue our past activities at an adequate level. I do object to setting up a 'half assed' regional council system at the expense of other Board activities and obligations." Nick Szabo to Greg Cook, August 31, 1979, in "Reading File 1979," Series 556, RG 11, ASA.

⁴⁹ Ronald O. Skoog to Jay S. Hammond, April 10, 1979, in "Reading File 1978-1979," Series 556, RG 11, ASA; Alaska House of Representatives, Special Committee on Subsistence, Final Report on Activities During the 1979 Interim, January 25, 1980, 22; Anchorage Times, March 19, 1981, 12.

⁵⁰ The Tyonek case (Civ. Action No. 3AN-80-3073, Alaska Superior Court, Third Judicial District) was a significant step toward the recognition of subsistence fishing rights because, among its other provisions, it established that Tyonek villagers, who valued king salmon as an early summer food resource, would legally be able to harvest them. Following a moratorium on all harvest of upper Cook Inlet king salmon to promote stock recovery, the Alaska Board of Fisheries had decided to manage these king salmon runs as a sports fishery. Earlier assurances that the Tyonek people would be able to renew their king salmon harvest when the stock had recovered were not upheld in the board's actions, leading to the lawsuit. Taylor Brelsford to author, January 18 and February 12, 2002.

⁵¹ Madison v. Alaska Dept. of Fish and Game, in Pacific Reporter, 2nd Series, vol. 696 (1985), pp. 171-72.

⁵² Anchorage Times, March 4, 1982, B3.

⁵³ Michael T. Matthews (Alaska Division of Elections) to author, April 25, 2000; Anchorage Times, January 22, 1981, B8; January 23, 1981, B2.

⁵⁴ Anchorage Times, March 19, 1981, B3; March 29, 1981, A1, A3.

⁵⁵ Alaska House Bill History, 1981-1982, for HB 343. In addition to Barnes's proposal, two other bills that were intended to repeal the 1978 subsistence law were submitted during the 1981 session: Senate Bill 355, introduced on March 31 by Sen. Tim Kelly (R-Anchorage), and House Bill 615, introduced on June 19 by Rep. Samuel R. Cotten (D-Eagle River).

⁵⁶ Matthews letter, April 25, 2000; Anchorage Times, March 2, 1982, A1. News that the petitions had been successfully completed was announced to the press three days before Miller officially certified the initiative.

⁵⁷ These meetings are referenced in a transcription of an April 5, 1982 speech by Interior Undersecretary William Horn to the Alaska Boards of Fish and Game, which are attached to a letter from Harold M. Brown to Dennis Kelso, October 28, 1985, in "1986 Federal Assumption Project" folder, AKSO-RS.

⁵⁸ "Department of the Interior Report on the Implementation of Title VIII of ANILCA — Subsistence Management and Use," 2, in 1983-84 806 Report.

⁵⁹ As Alaska's fish and game chief told a militant states-rights supporter, "It is the State's and the Boards' position that we will comply with the minimum—I repeat, minimum—requirements of ANILCA in order to insure the maintenance of State fish and wildlife management authority on Federal lands. The Boards and the Department of Fish and Game are not willing to risk any of the State's management responsibilities to the Federal government." Ronald Skoog to Warren E. Olson, November 16, 1981, in "Delineation of Boundaries" file, Series 542, RG 11, ASA. The underscoring is that of Mr. Skoog.

⁶⁰ Anchorage Times, December 1, 1981, 1.

⁶¹ Joint Boards of Fisheries and Game, Resolution 81-1-JB; Alaska Administrative Code, Vol. 5, 99.10.

⁶² Joint Boards of Fisheries and Game, Resolution 81-1-JB; Alaska Administrative Code, Vol. 5, 99.10.

⁶³ "Position Statement," 2, in Alaska House of Representatives, Special Committee on Subsistence, Minority Report, Together with Additional Views to Accompany HB 343, An Act Repealing Laws Relating to Hunting and Fishing..." May 15, 1981; Alaska Administrative Code, Vol. 5, 96.200.

⁶⁴ ADF&G, Alaska Hunting Regulations, Booklet No. 23 (1982-83), pp. 56, 69-70, at ADF&G, Anchorage. The following year, the Game Board made a new subsistence provision, for caribou in GMUs 12, 13, and 14 (see Booklet No. 24, pp. 40-41).

⁶⁵ Horn testimony, p. 8, attached to Harold M. Brown to Dennis Kelso letter, October 28, 1985, in "1986 Federal Assumption Project" folder, AKSO-RS.

⁶⁶ "List of Advisory Committees by Regional Council," c. 1982; Robert W. Larson to [various] Advisory Committee Chairmen, February 9-18, 1982, in "ADF&G Regional Councils thru FY 1986" folder, AKSO-RS; Ron Skoog to Tony Vaska, July 28, 1982, in "Staff Support for Regional Councils" file, Series 542, RG 11, ASA.

⁶⁷ Section 808(a) of ANILCA noted that each person appointed to an SRC needed to be "a member of either the regional advisory council or a local advisory committee within the region and also engages in subsistence uses within the park or park monument."

⁶⁸ James G. Watt to Jay S. Hammond, February 25, 1982, in U.S. Department of the Interior, 806 Report, ANILCA and Related History, 1983, January 10, 1984, Attachment 1.

⁶⁹ On January 21, 1981, Watt picked Horn—a former member of Rep. Don Young's staff—to be his assistant on Alaska issues. He remained an undersecretary until July 1985, when he became the Assistant Interior Secretary with NPS responsibilities. He stayed in that position until July 1988. Anchorage Times, January 21, 1981, 1; NPS, Historic Listing of National Park Service Officials, May 1, 1991, 4.

⁷⁰ Anchorage Times, April 4, 1982, A4; April 5, 1982, A1, A6; Horn testimony, pp. 6 and 8, attached to Harold M. Brown to Dennis Kelso letter, October 28, 1985, in "1986 Federal Assumption Project" folder, AKSO-RS; Southeastern Log, October 1985, B4.

⁷¹ Anchorage Times, April 6, 1982, A1, A4. These regulations became effective on May 30, 1982.

⁷² Anchorage Times, April 7, 1982, A1, A4; Alaska Administrative Code, Vol. 5, 99.020. Interior Department spokesman William Horn was reportedly "pleased with the boards' adoption of the regulation ... he did not object to the boards' definition of rural, but added that it was not required by the federal government at this time."

⁷³ Anchorage Times, May 14, 1982, A1, A4; William P. Horn to Morris K. Udall, January 10, 1984, in Morehouse and Holleman, When Values Conflict, 14.

⁷⁴ Horn noted that the basis of his decision was the 1979 Senate Committee report (Report 96-413, p. 272) which stated that "the Secretary must develop a capability to monitor both the status of fish and wildlife populations on the public lands harvested for subsistence uses and State regulatory and enforcement activity to provide the preference for subsistence uses.... The monitoring capability must enable the Secretary to aid in the identification of potential problems before fish or wildlife populations become threatened with depletion...." Horn evidently felt that the F&WS's expertise in monitoring, and the identification of potential fish and wildlife problems, made the agency most appropriate in this regard.

⁷⁵ "Department of the Interior, Report on the Implementation of Title VIII of ANILCA — Subsistence Management and Use," p. 17; attachment to William P. Horn to Morris K. Udall, Section 806 Report, January 10, 1984.

⁷⁶ Acting Regional Director, F&WS to Royce Purinton, October 26, 1984, in "ADF&G Regional Councils thru FY 1986" folder, AKSO-RS.

⁷⁷ Horn's decision, on a practical level, meant that the first coordinator of Alaska's federal subsistence activities was Keith Schreiner, who had headed the Region 7 (Alaska) F&WS office since early 1979. As noted in Appendix 1, other ad hoc federal subsistence coordinators during the 1980s—all F&WS regional directors—were Robert E. Putz, Robert E. Gilmore, and Walter O. Stieglitz. Anchorage Times, February 26, 1979, 7; Betty Barlond to author, email, July 18, 2000.

⁷⁸ State of Alaska, Official Election Pamphlet for Districts D-F and 5-11 (Juneau, the author, 1982), 100; Anchorage Times, March 2, 1982, A1.

⁷⁹ A 1985 Division of Subsistence study disputed the 85% figure; it noted that 20.4% (not 15%) of Alaskans "participated in subsistence activities to some degree." Of the estimated 110,000 subsistence participants, slightly more than half of them (54.5%) were non-Native. Robert Wolfe, "Myths, What Have You Heard?" Alaska Fish and Game 21 (November-December 1989), 16.

⁸⁰ Anchorage Times, March 4, 1982, B3; Juneau Empire, November 3, 1982, 2; John Katz testimony, in Alaska House of Representatives, Special Committee on Subsistence, Draft Report of the Special Committee on Subsistence; History and Implementation of ... the State's Subsistence Law, May 15, 1981, 50-53; State of Alaska, Official Election Pamphlet, 1982, 101; Southeastern Log, May 1982, 8 and August 1982, 7; Anchorage Times, April 5, 1982, A6; April 6, 1982, A1.

⁸¹ Juneau Empire, November 3, 1982, 2; Douglas Pryor (Alaska Divisions of Elections) telephone call, March 23, 2000.

⁸² The only subsistence-related activity in the 1983 legislature was HB 266, sponsored by Mae Tischer (R-Anchorage), which was submitted on March 14. HB 266, "an act establishing personal consumptive use of fish and game and the highest and best use of fish and game and creating in the Department of Fish and Game a Section of Consumptive Use," never got beyond the committee stage. Alaska House Bill History, 1983-84.

⁸³ Don W. Collinsworth to Bill Horn, December 15, 1983, 4, in 1983 806 Report, ANILCA and Related History; Anchorage Times, March 25, 1983, B-1.

⁸⁴ "Department of the Interior Report on the Implementation of Title VIII of ANILCA — Subsistence Management and Use," 5, in 1983 806 Report, ANILCA and Related History.

⁸⁵ ANILCA provided for SRCs at Aniakchak National Monument, Cape Krusenstern National Monument, Denali National Park, Gates of the Arctic National Park, Kobuk Valley National Park, Lake Clark National Park, and Wrangell-St. Elias National Park.

⁸⁶ Robert Belous, "NPS Presentation to Joint Session, Board of Game and Board of Fisheries," December 1, 1981, in "State Subsistence Management Activity, 1981-1986" folder, AKSO-RS.

⁸⁷ Mil Zahn to Ronald O. Skoog, March 31, 1982; Skoog to John E. Cook, May 21, 1982; both in "SRC General, thru FY 1987" folder, AKSO-RS. Although the SRC members had been chosen by late May 1982, the Interior Secretary's appointees had not yet been formally nominated to their positions. A similar situation appears likely with the other SRC appointees. The various regional advisory council members knew that four of the seven parks (Denali, Gates of the Arctic, Lake Clark, and Wrangell-St. Elias) were located in more than one region; those four parks, as a result, would need fewer than three members from each council. Even so, the various councils appointed three members to each park or monument SRC, leaving to NPS officials the task of choosing the number of council members that would represent each region. Between May and November 1982, the NPS rationalized the appointments for these four parks. No documentation to support that process, however, could be found in either NPS or state files, so in late 1984 the process was re-described and re-justified. Roger Contor to NPS Superintendents, November 29, 1984, in "SRC General, thru FY 87" folder, AKSO-RS files.

⁸⁸ Another charter provision called for each to be renewed biennially. As a result, the Interior Secretary renewed each SRC charter on the following dates: July 2, 1984; November 19, 1986; February 10, 1989; February 21, 1991; January 19, 1993; January 19, 1995; and March 11, 1996. (Tardiness in renewing the charters during the 1980s meant that no SRC business was conducted between May and July 1984, between July and November 1986, and between November 1988 and February 1989.) Since 1996, charter reauthorizations have been unnecessary because of a clause (Section 301(a)) inserted into Public Law 102-525, which Congress passed in October 1992. That clause stated that "The provisions of section 14(b) of the Federal Advisory Committee Act ... are hereby waived with respect to any advisory commission or advisory committee establish by law in connection with any national park system unit during the period such advisory commission or advisory committee is authorized by law."

⁸⁹ Mary Lou Grier (Acting Director, NPS) to Secretary of the Interior, April 26, 1982; Donald Paul Hodel (Acting Secretary of the Interior), "National Park Service Subsistence Resource Commission" [various charters], May 20, 1982; Russell E. Dickenson to Morris Udall, etc., May 27, 1982; all in "Subsistence, SRC, SRC Appointments, 82-90" folder, AKSO-RS.

⁹⁰ "Department of the Interior, Report on the Implementation of Title VIII of ANILCA — Subsistence Management and Use," p. 19; attachment to William P. Horn to Morris K. Udall, Section 806 Report, January 10, 1984.

⁹¹ "Master Memorandum of Understanding Between the Alaska Department of Fish and Game, Juneau, Alaska and the U.S. National Park Service, Department of the Interior, Anchorage, Alaska." The MOU, which was signed by NPS Regional Director John E. Cook on October 5, 1982 and by ADF&G Commissioner Ronald O. Skoog nine days later, was reproduced as an appendix to most of the draft and final general management plans that NPS's Alaska Regional Office produced during the mid-1980s.

⁹² William C. Welch to Walter Johnson, March 5, 1984, in "WRST SRC thru FY 86" folder, AKSO-RS. As noted in the NPS's Alaska Region Annual Report for 1982, the 63 SRC appointments were announced on October 5.

⁹³ "Department of the Interior Report on the Implementation of Title VIII of ANILCA — Subsistence Management and Use," in 1983 806 Report, ANILCA and Related History.

⁹⁴ William E. Brown interview, July 14, 1999; NPS, "John Cook Named Superintendent at Great Smoky Mountains National Park" (press release), January 26, 1983; NPS, "Roger J. Contor Appointed Director for Alaska National Parks" (press release), March 10, 1983; Williss, "Do Things Right the First Time," 170. It is ironic that Contor's brand of conservatism, which advocated the extension of the established NPS management framework to the Alaska parks, contrasted sharply with James Watt's form of conservatism, which supported states' rights and local user initiatives.

⁹⁵ Roger Contor interview, April 11, 2001; Lou Waller to author, December 20, 2001. Section 101(6)(b) of the March 27, 1978 act (Public Law 95-250) stated, in part, that the "protection, management, and administration of [NPS] areas shall be conducted in light of the high public value and integrity of the National Park System and shall not be exercised in derogation of the values and purposes for which these various areas have been established...."

⁹⁶ NPS/Alaska Region Press Release, December 22, 1983. Louis Waller interview, July 25, 2000; Roger Contor interview, April 11, 2001.

⁹⁷ DENA/LACL SRC minutes, May 10, 1984, 1.

⁹⁸ There were seven SRCs, but both Kobuk Valley NP and Cape Krusenstern NM (as well as Noatak National Preserve, which had no SRC) were administered by the Northwest Alaska Areas office, based in Kotzebue.

⁹⁹ The first Aniakchak SRC meeting for which a quorum could be mustered was on March 5-6, 1985.

¹⁰⁰ SRC folders, AKSO-RS. When the SRCs met for the first time, they were already more than two years late in satisfying the Congressionally-imposed requirement for a subsistence hunting program. As noted above, both the state and federal governments had been responsible for that tardiness.

¹⁰¹ Bill Welch to Alaska Board of Game, March 7, 1984, in "State Subsistence Management Activity, 1981-1986" folder, AKSO-RS. As noted in ADF&G's Alaska Hunting Regulations, park boundaries—not GMU or other naturally-defined boundaries—had first been cited in the 1982-83 booklet, pp. 39 and 56.

¹⁰² Roger J. Contor to Brenda Johnson, August 22, 1984, in "State Subsistence Management Activity, 1981-1986" folder, AKSO-RS.

¹⁰³ Don W. Collinsworth to Brenda Johnson, November 21, 1984; Johnson to Contor, November 19, 1984; both in "State Subsistence Management Activity, 1981-1986" folder, AKSO-RS.

¹⁰⁴ Roger J. Contor, "Remarks to the Alaska Board of Game," December 2, 1984; Michael V. Finley, "Remarks to the Alaska Board of Game," December 5, 1984; both in "State Subsistence Management Activity, 1981-1986" folder, AKSO-RS.

¹⁰⁵ Roger J. Siglin to ADF&G/Division of Boards, August 26, 1986, in "ADF&G Boards, Aug. 86-FY 88" folder, AKSO-RS.

¹⁰⁶ Roger Contor, in an April 11, 2001 interview, noted that his guiding philosophy toward subsistence was to guarantee the continuation of a subsistence lifestyle to all those who legitimately qualified. ("No one in the NPS wanted to disenfranchise anyone," he noted.) But he was worried, for example, that the subsistence regulations could not prevent rural residents from hunting trophy-sized sheep and selling the horns on the black market. And it also rankled him that subsistence regulations had no residency requirement associated with resident zone communities; given that reality, he openly worried that the resident zone communities might attract scores of new residents who would have immediate access to nearby game populations.

¹⁰⁷ Leslie Barber, "The Fine Print of Subsistence," Alaska Magazine 51 (September 1985), 18. Mr. Barber, at the time, worked for the state-sponsored Citizens Advisory Commission on Federal Areas.

¹⁰⁸ CAKR/KOVA SRC minutes, June 6, 1986, 3-4; CAKR SRC minutes, July 13, 1987, 2.

¹⁰⁹ Congressional Record 126 (September 9, 1980), 8637.

¹¹⁰ CACFA, intended as a state watchdog on actions by Federal land management bureaus, was established by the Alaska Legislature in response to ANILCA's passage; the product of SB 36, it became operational on June 19, 1981. In 1998, with the passage of SB 236, the legislature extended the commission's life for another five years (until June 30, 2003), but the 21st Alaska legislature removed the commission's funding and it was deactivated on June 30, 2000. Gina Spartz (Boards and Commissions, Office of the Governor), email to author, April 9, 2002.

¹¹¹ Federal Register 49 (April 3, 1984), 13160. The Proposed Rule was written by Joseph Alston of the Alaska Regional Office and Andy Ringgold of the Branch of Ranger Activities in Washington, D.C.

¹¹² Federal Register 51 (September 19, 1986), 33474, 33483. Public hearings were held in Anchorage, Fairbanks, and Juneau on May 21, 23, and 25, respectively.

¹¹³ Federal Register 51 (September 19, 1986), 33474; Joseph Alston to author, email, August 1, 2000.

¹¹⁴ U.S. Fish and Wildlife Service, Subsistence Management and Use: Implementation of Title VIII of ANILCA (also known as the Section 813 Report), March 1985, Section VIII; Federal Register 50 (January 11, 1985), 1644-45; Subsistence Liaison, Alaska Region to Alaska Superintendents, June 6, 1985, in "SRC General, thru FY 87" folder, AKSO-RS.

¹¹⁵ Bob Larson to Beth Stewart, June 23, 1983, in "Misc. Information Requests" file, Series 542, RG 11, ASA. The various Interior and Southeast regional council reports are in the "ADF&G Regional Councils thru FY 1986" folder, AKSO-RS.

¹¹⁶ Acting Regional Director, F&WS to Royce Purinton, October 26, 1984; Southwest Regional Fish and Game Council, Meeting Announcement, February 1, 1985; both in "ADF&G Regional Councils thru FY 1986" folder, AKSO-RS. The Arctic regional advisory council coordinator position was filled in the spring of 1985. The staff coordinators operated from offices in Anchorage, Bethel, Dillingham, Fairbanks, Juneau, and Kotzebue. All were local residents, and the Bethel and Kotzebue staffers were bilingual. The first Interior Regional Coordinator, Daniel (Mitch) Demientieff from Nenana, has remained active in subsistence management issues, and since 1995 he has served as chair of the statewide, interagency Federal Subsistence Board. Section 806 Report, 1985, 7; Section 813 Report, 1985, V-6; Mitch Demientieff to Interior Regional Council, February 4, 1985, in "ADF&G Regional Councils thru FY 86" folder, AKSO-RS.