Today, the House Natural Resources Committee will begin hearings on HR 3994, legislation that could put a number of national parks and national wildlife refuges under tribal control.  Notice was given just 9 days ago.  

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Washington, DC — This week, Congress will consider legislation that directs the Interior Department to turn over many national parks, wildlife refuges and other operations to tribal governments under virtually permanent funding agreements, according to Public Employees for Environmental Responsibility (PEER). National parks such as Redwood, Glacier, Voyageurs, Olympic and the Cape Cod National Seashore are among the 57 park units in 19 states listed as eligible for tribal operation, as are 19 refuges in 8 states, including all of the Alaska National Wildlife Refuges and the National Bison Range in Montana.

This Thursday, November 8th, HR 3994 by Representative David Boren (D-OK) is slated for hearing before the full House Natural Resources Committee, just nine days after it was introduced. The committee is chaired by Rep. Nick Rahall (D-WV), the bill’s lead co-sponsor.

The list of parks is large and can be viewed here.  

The list of wildflife refuges, somewhat shorter, is here.

The entire text of the legislation can be viewed here.

The overriding concern here is that little control would remain with the relevant federal agencies.  Less than competent management would not necessarily call into question any of the funding agreements, only something much worse would.

Under its terms, tribes could take over any Interior programs “that are of special geographical, historical, or cultural significance to the Indian tribe” and receive federal payments covering all direct and indirect costs. The Interior Secretary would “establish programmatic targets” ensuring that “a significant portion” of federal jobs and programs are included. Assumption would be mandatory wherever a tribe “has a federally

reserved right” in local fish, wildlife, water or minerals. In all other cases, Interior could refuse a tribe only where it can show a legal prohibition or “a significant danger or risk to the public health.”

Once executed, the tribal funding agreements could not be terminated for non-performance, but could only be suspended for “gross mismanagement” or “imminent jeopardy” to resources or public health. In addition, tribes would have the right to be fully paid in advance. Any savings or economies would go entirely to the tribe and future payments to the tribe could not be reduced.

So, ultimately, it is the invaluable national resources that could suffer.

“This bill would be like having a herd of Halliburtons permanently embedded inside Interior’s budget,” stated PEER Executive Director Jeff Ruch, noting that tribal profit margins would be guaranteed and a tribe could stop work entirely if costs exceeded agreement estimates, yet still keep the federal payments. “It is clear from this measure’s incredibly one-sided terms that lobbyists are still writing at least some of the legislation before Congress.”

The hearings will begin shortly.

 

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