Seek different land swap
I applaud Sen. Lisa Murkowski for convening the Sept. 20 hearing on her legislation (S. 1354) to trade away Berners Bay lands to Sealaska and Saxman's Cape Fox Corporations. Following testimony by dozens opposing the trade, the senator made a statement to reporters that Juneauites have benefited from their proximity to Berners Bay, but unfortunately the area is now required to resolve an injustice to Native corporations. Her message suggests that prime Forest Service and other public lands are in a state of limbo, available to the public only until they are traded away. I believe the senator's efforts to fulfil the requirements of ANCSA are largely meritorious. I think the senator wants to do the right thing, but her priorities have short-circuited other fundamental public trust issues. If resolving an "injustice" results in removing prime recreation lands from public ownership, threatening critical fish and wildlife habitats, and bilking taxpayers, there's no resolution at all.
Given the arguments presented by Cape Fox and Sealaska representatives, it would seem that Native corporation claims could best be resolved without the involvement of Berners Bay public lands. This particular peninsula of land has little to do with the heritage and tradition of the people represented by Cape Fox. Cape Fox asserts its poor financial condition and Saxman's 25 percent unemployment rate as reason to acquire this area. However, if corporation members are to be employed, presumably through logging and other resource extraction, selection of lands should be near Saxman. Only then can workers live with their families and spend their earnings in their own community. Sealaska, the regional corporation, has its offices in Juneau, but has no greater affinity for lands near Juneau than those near Ketchikan. Sealaska gets a share of the action no matter where land selections are made. If restrictions would preclude land selections from Cape Fox's own region, then Senator Murkowski and Governor Murkowski should use their powers to reverse such restrictions.
Sealaska states that it has no plans to log the area (Why don't we believe that?). If Sealaska and Cape Fox don't log, their revenue options are very limited. A cynical view would suggest that they plan to sell a logged-off right-of-way back to the state Department of Transportation and federal highways for the Lynn Canal highway. This is reminiscent of a former senator's push to validate questionable mine claims in Glacier Bay National Park, presumably to force the Park Service to buy the claims back. This kind of thing may be good for corporate interests, but should taxpayers be picking up the tab for shell games with federal lands?
If the senator is really serious about moving ahead with land conveyances, perhaps the senator, Sealaska and Cape Fox should consider a less controversial area for their land swap. Roughly 14 million acres of Tongass National Forest lie between Berners Bay and Saxman. A more appropriate selection from such a land base would put Saxman residents back to work sooner than later. More appropriate selections from throughout Alaska would preserve and protect public lands that are community treasures. Communities, both Native and non-Native, have large interests in management of adjacent lands. Neither S. 1354 nor S. 1466 (Land Transfer Acceleration Act) adequately address existing community uses, including recreation, subsistence, and habitat resources.
Frank Murkowski tried for many years to dispose of Berners Bay land. He failed year after year despite his substantial seniority in a Republican-held Congress. It may be that Frank Murkowski's fellow senators saw this action for what was and still is: bad legislation, a bad trade and a violation of public trust responsibilities.
Andy Grossman
Juneau