for Everglades National Park. Some of these promoters have been engaged in lawsuits with the United States and with the State of Florida over development schemes that would damage the Park and the State's lands. We can expect these interests to continue their efforts to build roads and canals in the Big Cypress, to try to inflate the apparent dollar value of the watershed. We realize that the press of time makes it highly unlikely that the legislation before you can be passed this year. But I would respectfully urge you to make good use of the record obtained at your hearings here and in Florida, to produce a bill and a report that can be the foundation for prompt action in the next Congress. Thank you. Mr. TAYLOR. Thank you, Mr. Browder. Any questions? (No response.) Mr. TAYLOR. Thank you for your testimony, Mr. Browder. That concludes the hearing this morning. The subcommittee will stand adjourned. (Whereupon, at 11:55 a.m., the subcommittee was adjourned.) (Additional statements for the record follow :) STATEMENT SUBMITTED ON BEHALF OF THE MICCOSUKEE TRIBE OF INDIANS OF FLORIDA In testimony before the Senate Interior Committee on November 30, 1971 Mr. Buffalo Tiger, the Miccosukee Tribal Chairman, pointed out that S. 2465 (the Senate counterpart of H. R. 13017 and H. R. 13115) should be modified in two respects. While the Miccosukee Tribe is gratified that its usual and customary use within the Big Cypress National Fresh Water Reserve would be protected under Section 6 of S. 2465 and, with one modification, under Section 5 of H. R. 13017, the list of customary uses set forth in both bills is deficient in one respect. In addition to hunting, fishing, trapping and ceremonial use, the Miccosukees also have for many years occupied certain residential campsites within the proposed reserve area. The right of the Miccosukees to occupy these traditional village areas should also be expressly protected. This can be done by substituting a comma for the "and" in line 11 on page 6 of H. R. 13017 and adding after "ceremonies" in line 11 "and residential campsites." Section 5 of H. R. 13017 differs in one significant respect from S. 2465. H. R. 13017 merely authorizes the Secretary of the Interior to permit customary Indian use and occupancy to continue. It leaves wholly in the discretion of the Secretary the right of the Miccosukees to continue uses on which many of them depend for their livelihood and which they made of this area since they were driven into it by the Armed Forces of the United States in 1837 and 1838. The Miccosukee Tribe strongly objects to this feature of H. R. 13017 and requests that Section 5 of the bill be modified so that it expressly provides that the Indians may continue their customary use and occupancy. H. R. 13017 also differs from S. 2465 in that the latter gives the Miccosukee and Seminole Tribes the right of first refusal for the development of revenueproducing visitor facilities. There is no comparable provision in H. R. 13017. In view of its historic relationship to this area which has served as its refuge and home for more than 130 years, the Miccosukee Tribe feels that the right of first refusal established in the Senate bill is appropriate. Since the Miccosukee Tribe has a more definite historic relationship with this specific area and the Seminole Tribe now has three substantial Federal reservations in Florida (the Miccosukee Tribe has no Federal reservation but holds a 50-year use permit to a strip 5 miles long by 500 feet in the Everglades National Park), the Miccosukees feel that their tribe should be given the first opportunity to operate such services. H.R. 13017 gives individual Miccosukees and Seminoles who were operating revenue-producing visitor services in the area on January 1, 1972, the right to negotiate agreements for the continuation of such services with the Secretary of the Interior. The Miccosukee Tribe concurs in this provision of the House bill but emphasizes that it is no substitute for the right of first refusal afforded to the Tribe for the development of new visitor services in S. 2465. The long-standing tie between the Miccosukee Indians and the Everglades and Big Cypress regions of South Florida fully justifies such a right of first refusal both in fairness to the Miccosukees, whose history has, until recent years, been one of almost unbroken neglect and also because Miccosukee participation in any visitor services provided in the Big Cypress Area will enhance the social and historical interest of such services to visitors. Hon, Roy A. TAYLOR, FRIENDS OF THE EARTH, Washington, D.C., September 20, 1972. Chairman, Subcommittee on National Parks and Recreation, DEAR MR. CHAIRMAN: Friends of the Earth heartily supports the establishment of the Big Cypress National Recreation Area, or National Freshwater Reserve, as proposed by H.R. 13115 and H.R. 13017. Studies in which Friends of the Earth actively participated have shown that acquisition of the Big Cypress is the only certain way to insure that this great remnant of the south Florida wildlands will remain unimpaired, able to continue the natural flow of water into the western Everglades, and providing its own special kinds of outdoor recreation to citizens of the urban East. It is a fitting complement to the types of preservation and recreation that we now have in Everglades National Park. The bill is urgently needed, because the expansion of the south Florida megapolis is putting unprecedented pressure on the Big Cypress. Drainage schemes and subdvisions are in the offing, unless we act now to acquire the area. Friends of the Earth commends the Subcommittee for holding this timely hearing. We urge you to act promptly on this legislation. Will you please include this letter in the record of the hearing on September 26? Sincerely, GEORGE ALDERSON, STATEMENT OF NATIONAL PARKS AND CONSERVATION ASSOCIATION The National Parks and Conservation Association has been deeply involved in efforts to secure the integrity of the south Florida environment for many years and is grateful to the Subcommittee for making time for these hearings. The National Parks and Conservation Association supports the proposals contained in H.R. 13017 and H.R. 13115 to acquire land in the Big Cypress Swamp and manage it, either as a National Fresh Water Reserve or a National Recreation Area, pursuant to the established national policies for the management of National Recreation Areas within the National Park System. It is vitally important to the integrity of Everglades National Park and the southern Florida environment as a whole that the acquisition and sound ecological management of lands within the Big Cypress Swamp proceed with all possible dispatch. This Association recognizes that it is unlikely that the proposed legislation before this Subcommittee can be passed within the remaining time of this session but respectfully urges the Subcommittee to consider the proposals and to produce a report which will serve as the foundation for passage of these proposals in the next session and the concomitant preservation of southern Florida's unique environment for the people of the United States. STATEMENT OF LOUIS S. CLAPPER ON BEHALF OF THE NATIONAL WILDLIFE FEDERATION Mr. Chairman: I am Louis S. Clapper, Director of Conservation for the National Wildlife Federation, which has its national headquarters at 1412 Sixteenth Street, N.W., here in Washington, D.C. Ours is a private organization which seeks to attain conservation goals through educational means. The Federation has independent affiliates in all 50 States, the Virgin Islands and Puerto Rico These affiliates, in turn, are composed of local groups and individuals who, when combined with associate members and other supporters of the National Wildlife Federation, number approximately 3,000,000 persons. The National Wildife Federation appreciates the invitation and opportunity to comment upon the proposals to establish the Big Cypress National Fresh Water Reserve in Florida as a unit of the National Park System. We commend Congressmen Haley, Saylor and the other sponsors of H.R. 13017 and H.R. 13115 for their bi-partisan efforts to preserve this area through the authorization of the acquisition of the area concerned. We also commend the Department of the Interior and officials in the State of Florida for their efforts toward the same basic objective, with which we agree that of protecting the quality of water in the area and its environmental values. Our prime interest in this area, and that of our Affiliate, the Florida Wildlife Federation, is to preserve it in essentially the same condition as it presently exists, both for the area's outstanding values and because of the vital relationship which it has to the unique and outstanding Everglades National Park. Consequently, we were highly gratified when the sponsors introduced these bills earlier this year. And, we were highly pleased when President Nixon announced his intention of taking the courageous step to recommend permanent preservation and protection for the Big Cypress Swamp. We are firm in our belief that the unique environment found here should be protected for its important and significant educational and recreational benefits. We are equally convinced, Mr. Chairman, that enactment of authorizing legislation as envisioned by the bills under consideration here today, if amended and implemented, will accomplish the objective of providing the protection which we consider so essential, and yet permit compatible uses maintaining the "status quo". Consequently, we recommend that the Committee give priority consideration to these principles: 1. That present landowners within the area be permitted to use the area indefinitely, rather than for lifetime or 25-year occupancies, as provided in the bills, when these uses are compatible with the overall objectives of preserving natural values, as determined by the Secretary of the Interior. 2. That property owners be given assurance of tenure if they meet regulations established by the Secretary. We believe the Secretary should be authorized to prohibit the construction of additional housing or “improvements" on property when it would result in impairment of natural values or water supplies. Otherwise, we see no compelling need to completely remove all property owners after a given period. 3. That the Secretary should be authorized to regulate motorized modes of transportation, both for access to and locomotion within, the area, under restrictions permitting reasonable uses of vehicles when they do not impair the environment but prohibiting these uses when they are incompatible. In substance, we believe rubber-tired vehicles and airboats in the area can be used without harm to the environment so long as their numbers are kept within reasonable bounds and their activities do not cause damage. 4. That the Secretary be authorized to regulate agricultural practices, including grazing and lumbering, and other activities, prohibiting those which are incompatible with natural values. We would not consider oil and gas development or stripping as being compatible with management of the area. Certainly, drainage and water diversions are not. 5. It is our firm belief that resident species of wildlife in the area should continue to be managed under provisions of State law and State regulations. Migratory species should continue to be managed under provisions of both State and Federal laws and regulations. If necessary, the National Park Service and the State of Florida could work together jointly to establish safety zones. Thus, we are in accord with Section 5 of H.R. 13115, except that we urgently recommend removal of the phrase: ". . . fish and wildlife management." The National Park Service does not belong in the field of fish and wildlife management and we do not believe this phrase should be in the legislation. We would recommend that consideration be given to the following proposed amendment to H.R. 13115. "SEC. 5. The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the reserve in accordance with the applicable laws of the United States and the State of Florida and shall permit such motorized access for the purposes of hunting, fishing, and trapping as is compatible with other existing recreational and scientific uses of the reserve, except that he may designate zones where and periods when no hunting, fishing, trapping, or motorized access for such purposes may be permitted for reasons of public safety [administration, fish or wildlife management, or public use and enjoyment]. Except in emergencies, any regulations or provisions in any agree ment between the Secretary and the State of Florida or political subdivision thereof designating such zones or periods shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting, fishing, and trapping activities and after an opportunity has been afforded for public participation in their adoption by notice and hearing. Notwithstanding this section or any other provision of this Act. . . ." We see no difficulties in provisions to allow Indians of the area to continue their customary use and occupancy of lands and waters or to hunt, fish, or trap for subsistence purposes or traditional tribal ceremonials. We also agree with provisions allowing them to construct and operate revenue-producing facilities and services, although we hope the Committee will make legislative history to spell these out. For example, we would not wish to see the term “revenue-producing facilities" interpreted as oil wells. Mr. Chairman, the Executive Director of the Florida Wildlife Federation, John C. Jones, of West Palm Beach, has been working hard on behalf of the "Lands For You" corporation, an organization sponsoring a bond issue on the ballot in Florida this year. The project which is the subject of this bond issue would protect endangered and recreational lands. Mr. Jones believes there may be on opportunity for the State of Florida to join with the Federal Government to some degree in both the acquisition of lands and in a joint management of the Big Cypress area-a possibility endorsed in principle by Gov. Reubin O'D. Askew. "We feel very strongly that the Big Cypress Area should be managed by the Florida Game and Fresh Water Fish Commission in an agreement with the Secretary of the Interior and within Federal guidelines," he declared in testimony before the Senate Committee on Interior and Insular Affairs earlier this year. "This procedure would save the Federal Government many expenses in the cost of operation." He pointed out that many landowners in the Big Cypress area are bitterly opposed to Federal acquisition and said that, to allay fears and rumors, the gas, oil, and mineral rights should remain with the present owners. To conclude, Mr. Chairman, we hope the Subcommittee and the full Committee on Interior and Insular Affairs will act speedily to issue a favorable report on a bill preserving the Big Cypress Swamp. О 14. Ens / 14:9 8 -3 4 FISCAL YEAR 1973 SALINE WATER CONVERSION AUTHORIZATION CATALOGED HEARINGS BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS NINETY-SECOND CONGRESS SECOND SESSION ON H.R. 12749 TO AUTHORIZE APPROPRIATIONS FOR THE SALINE WATER HEARINGS HELD IN WASHINGTON, D.C. FEBRUARY 7 AND 8, 1972 Serial No. 92-34 Printed for the use of the Committee on Interior and Insular Affairs |