Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
                                                       Calendar No. 105
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-51

======================================================================



 
                 HUNA TLINGIT TRADITIONAL GULL EGG USE

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

Mr. Wyden, from the Committee on Energy and Natual Resources, submitted 
                             the following

                              R E P O R T

                         [To accompany S. 156]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 156) to allow for the harvest of gull 
eggsy by the Huna Tlingit people within Glacier Bay National 
Park in the State of Alaska, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:

    Beginning on page 1, strike line 6 and all that follows 2 through 
page 2, line 9, and insert the following:

SEC. 2. LIMITED AUTHORIZATION FOR COLLECTION OF GULL EGGS.

    (a) In General.--The Secretary of the Interior (referred to in this 
Act as the ``Secretary'') may allow the collection by members of the 
Hoonah Indian Association of the eggs of glaucous-winged gulls (Laurus 
glaucescens) within Glacier Bay National Park (referred to in this Act 
as the ``Park'') not more frequently than twice each calendar year at 
up to 5 locations within the Park, subject to any terms and conditions 
that the Secretary determines to be necessary.
    (b) Applicable Law.--For the purposes of sections 4 203 and 816 of 
the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh-2, 
3126), the collection of eggs of glaucous-winged gulls within the Park 
in accordance with subsection (a) shall be considered to be a use 
specifically permitted by that Act.
    (c) Harvest Plan.--The Secretary shall establish schedules, 
locations, and any additional terms and conditions that the Secretary 
determines to be necessary for 1 the harvesting of eggs of glaucous-
winged gulls in the U Park, based on an annual harvest plan to be 
prepared by the Secretary and the Hoonah Indian Association.

                                PURPOSE

    The purpose of S. 156 is to allow for the limited harvest 
of gull eggs within Glacier Bay National Park by the members of 
Hoonah Indian Association.

                          BACKGROUND AND NEED

    Glacier Bay National Monument was designated as Glacier Bay 
National Park and Preserve in 1980 by the Alaska National 
Interest Lands Conservation Act (ANILCA). Glacier Bay National 
Park encompasses approximately 3.2 million acres. Glacier Bay 
National Preserve encompasses an additional 58,000 acres.
    Glacier Bay National Park and Preserve is the traditional 
homeland of the Huna Tlingit, who traditionally harvested eggs 
at gull rookeries in Glacier Bay prior to, and following, park 
establishment. Egg collection was curtailed in the 1960s as 
both the Migratory Bird Treaty Act and National Park Service 
regulations prohibited the activity.
    Although the passage of ANILCA allowed for sport hunting, 
commercial fishing, and subsistence activities to be permitted 
in the preserve, it was not until passage of the Migratory Bird 
Treaty Act Protocol Amendment in 1995 that customary and 
traditional use of migratory birds and their eggs for 
subsistence use by indigenous inhabitants of Alaska was 
allowable by law. Even with passage of the 1995 treaty 
amendment, National Park Service regulations still prohibited 
the gathering of gull eggs at Glacier Bay National Park and 
Preserve.
    In 2000, Public Law 106-455 provided for the Secretary of 
the Interior, in consultation with local residents, to 
undertake a study of sea gulls living within the park to assess 
whether sea gull eggs could be collected on a limited basis 
without impairing the biological sustainability of the sea gull 
population in the park. The study, Harvest of Glaucous-Winged 
Gull Eggs by Huna Tlingit in Glacier Bay National Park, was 
completed in May 2010. The preferred alternative in the study 
would authorize the harvest of gull eggs at up to five 
locations within the park on two separate dates each year.

                          LEGISLATIVE HISTORY

    S. 156 was introduced by Senators Murkowski and Begich on 
January 28, 2013. The Subcommittee on National Parks held a 
hearing on S. 156 on April 23, 2013. At its business meeting on 
May 16, 2013, the Committee ordered S. 156 favorably reported 
with an amendment.
    In the 112th Congress, Senators Murkowski and Begich 
introduced similar legislation, S. 1063, on May 25, 2011. The 
Subcommittee on National Parks held a hearing on S. 1063 on 
July 28, 2011 (S. Hrg. 112-214).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 156, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 156, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
addressed a potential issue that would have allowed for the 
collection of eggs notwithstanding any other provision of law 
and instead authorizes subsistence collecting in accordance 
within sections 203 and 816 of Alaska National Interest Lands 
Conservation Act (ANILCA), which govern subsistence the 
collection in the park. The amendment is described in detail in 
the section-by-section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Huna Tlingit 
Traditional Gull Egg Use Act.''
    Section 2(a) authorizes the Secretary of the Interior 
(Secretary) to allow for the collection of gull eggs within 
Glacier Bay National Park by members of the Hoonah Indian 
Association not more frequently than twice each calendar year 
at up to five locations with the park, subject to any terms and 
conditions the Secretary determines to be necessary.
    Subsection (b) defines the collection of gull eggs within 
Glacier Bay National Park as a use that is specifically 
permitted under sections 203 and 816 of the Alaska National 
Interest Lands Conservation Act.
    Subsection (c) requires that the Secretary base schedules, 
locations, and any additional terms and conditions for the 
collection of gull eggs in Glacier Bay National Park on a 
harvest plan prepared by the Secretary and the Hoonah Indian 
Association.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 156--Huna Tlingit Traditional Gull Egg Use Act

    S. 156 would authorize the Hoonah Indian Association to 
harvest glaucous-winged gull eggs from Glacier Bay National 
Park in Alaska. Under the legislation, the Association would be 
permitted to harvest eggs not more than twice a year from up to 
five locations within the park. The bill would also direct the 
Department of the Interior to develop an annual harvest plan 
with the Association.
    Based on information provided by the National Park Service, 
CBO estimates that implementing S. 156 would have no 
significant impact on the federal budget. Enacting S. 156 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    S. 156 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 156.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 156, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 156, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2013, Subcommittee on National Parks hearing on S. 
156 follows:
  Statement of Peggy O'Dell, Deputy Director for Operations, National 
                Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you today to present the views of the Department of the 
Interior on S. 156, the Huna Tlingit Traditional Gull Egg Use 
Act.
    This legislation provides for the restoration of an 
important cultural connection to Glacier Bay by the Huna 
Tlingit, and provides for the environmentally preferred action 
identified in our studies. As such, the Department supports 
enactment of S. 156 with an amendment.
    Glacier Bay National Park is the traditional homeland of 
the Huna Tlingit who harvested eggs at gull rookeries in 
Glacier Bay prior to, and after the park was established in 
1925. Egg collection was curtailed in the 1960s as Migratory 
Bird Treaty Act and National Park Service (NPS) regulations 
prohibited the activity.
    The Glacier Bay National Park Resource Management Act of 
2000 (P.L. 106-455) directed the NPS to study whether gull egg 
collection could resume without impairing the biological 
sustainability of the gull population in the park. The NPS 
conducted the study, wrote an environmental impact statement, 
and in August 2010 issued a record of decision which found that 
collection under certain conditions would be sustainable. Those 
conditions, addressing the frequency of harvest and an annual 
harvest plan, are reflected in S. 156.
    Section 2 (b) of the bill contains a condition for the 
Secretary of the Interior to develop an annual harvest plan 
jointly with the Hoonah Indian Association. To clarify that the 
Hoonah Indian Association's role is purely advisory, we 
recommend the attached amendment.
    The Department appreciates the opportunity to testify on 
this matter. I will be glad to answer any questions.


                          amendment to s. 156


    On p. 2, line 8, strike ``jointly by the Secretary and the 
Hoonah Indian Association.'' and insert ``by the Secretary in 
consultation with the Hoonah Indian Association.''.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 156, as ordered 
reported.