THE CHAPEL GARDEN CLUB OF BALDWIN HARBOR, Congressman HERBERT TENZER, DEAR CONGRESSMAN: We favor H.R. Bill 11236 to create a L.I. National Recreation Area-preserving the wetlands in perpetuity. The local authorities with their proposals give no long-lasting solution of this problem. Their past misuse of dredging and selling these lands to developers have horrified our garden club members. Please keep us advised of any help we can give. Sincerely yours, (Mrs. E.) PAULINE LINDROTH, Conservation Chairman. Hon. HERBERT TENZER, WEST HEMPSTEAD, N.Y., April 19, 1966. DEAR CONGRESSMAN TENZER: The fact that I do not reside in your Congressional District cannot detract from my praise of, and my gratitude for, your recent stand taken in the Hempstead Wetlands controversy. On behalf of all sport fishermen on Long Island, thank you for saving one of our important wildlife habitats, and for resisting the untrammeled efforts of the U.S. Army Corps of Engineers to pave our country from coast to coast. I have written to Senator Kennedy, asking him to do all that he can to support Senator Moss' proposed Department of Natural Resources Act (S. 2435), which would give the U.S. Fish and Wildlife Service a voice in all civil engineering projects undertaken by the Corps of Engineers, and I now respectfully ask you to support this bill from the floor of the House of Representatives. Stripers Unlimited, an organization of sport fishermen and tackle dealers on the Atlantic coast, has recently been formed for the purpose of promoting a coastwide program for the study, control, and protection of the striped bass. At present, there is no coastwide program for anadromous fish conservation on the eastern seabord, and this group promises to do much to supplement governmental conservation measures. I respectfully suggest that this venture deserves governmental support and cooperation. I am now preparing for admission to practice before the New York Bar, after which it is my hope to obtain a position in the office of counsel of a Federal, State, or local wildlife conservation agency. Until I am successful in my ambition, however, all that I can do is to implore you and your esteemed colleagues to continue your efforts in behalf of wildlife conservation. Yours most respectfully, MORTON J. SIEGEL. Hon. HERBERT TENZER, BENTLEY & OWENS, DEAR MR. TENZER: Thank you for your letter dated October 12, 1965 enclosing copies of H.R. 11236 to establish a Long Island National Wetlands-Recreation Area. Your bill, and the strong public sentiment that preceded and accompanied it, were undoubtedly effective in persuading the Hempstead Town Board to adopt its resolution dedicating the wetlands to conservation for a period of ten years. This was an important step forward, but since the resolution can be rescinded or modified, and the period of ten years runs very fast, much remains to be done to make the dedication permanent. I think that the points that I made in my letter to you dated September 29, 1965 are valid. First, although most people believe that "conservation" means preserving property in its natural state, the term as used in your bill has a second meaning of development for recreational purposes. This is misleading, and a number of persons with whom I have spoken were surprised and horrified at the possibility that the wetlands might be developed into a sort of inlet Jones Beach. The second point was that if the Secretary of the Interior was to enter the picture at all, he ought to have full power to acquire by condemnation any property, improved or unimproved, that he might deem necessary or desirable to carry out the purposes of the act. When I discussed the latter point with someone familiar with the subject, I was told that it would be impossible to get the bill passed, or even seriously considered, on any other basis. I hope that this is not so, and that the bill can be amended so as to go all the way, preserving the wetlands in their natural state, and giving the Secretary full power to see that this was carried out. Above all things, this project should not be laid aside with the end of the election campaign. Sincerely yours, EDWARD S. BENTLEY. Mr. WYDLER. Mr. Chairman, if I might have a couple of questions, I want to clear up a few things with Mr. Caso. Mr. Caso, you are the presiding supervisor of the town of Hempstead. Is that correct? Mr. CASO. That is correct. Mr. WYDLER. And you are opposed to the new version of the Tenzer bill. I would like you to understand that from here on in we are discussing the new Tenzer bill. Mr. CASO. That is correct. Mr. WYDLER. There is another supervisor. Does he oppose? Mr. WYDLER. All the other elected officials of the town of Hempstead are opposed to the Tenzer bill? Mr. CASO. That is correct. Mr. WYDLER. Maybe you can clear this up for me. Yesterday in my questioning of Dr. Cain of the Department of the Interior, I asked him how much he thought it would cost the Department of the Interior to maintain the wetlands yearly, and he gave me a figure of about $85,000 a year. I notice from your testimony this morning, and I want to compliment you on this presentation you have made, that you say your de partment of conservation is spending over $300,000 a year at the present time. Would you have any idea, because I understand that the Federal Government is going to pay 100 percent of the expenses of the wet lands, how you could reconcile those two figures? Mr. CASO. Well, I would not attempt to try to reconcile any of these figures. We have the ones that we have indicated that we are working with in our town budget. Mr. WYDLER. Let me put it this way. Have they ever asked the town of Hempstead what it is costing them now to do this job in the town of Hempstead? Mr. CASO. No, they have not. Mr. WYDLER. They have never asked you anything, as a matter of fact, have they? Mr. CASO. No, and I so testified this morning. Mr. WYDLER. Thank you very much. Mr. TENZER. Mr. Chairman, just one more question. Mr. Chairman, this morning Mr. Caso said that he had never been invited to appear for the purpose of discussing the legislation. I would like at this point to place in the record a letter I received from Mr. Caso on January 6, 1966, in which he says: DEAR HERBERT: Thank you for your telegram extending me an invitation to attend the conference to be held in Secretary Udall's office in Washington, D.C., on January 14, 1966, at 10:30 a.m., for the purpose of discussing the Long Island national wetlands recreation bill. Unfortunately, I already have a very heavy schedule for that date and will be unable to attend. However, I am directing Mr. Harold Udell, our director of conservation and waterways, to attend and represent the town of Hempstead at this meeting. Mr. GROVER. If the gentleman will yield, I want to point out that that was some 6 or 8 months after the bill had been introduced. Mr. TENZER. This morning, Mr. Grover, we had testimony to the effect that the bill was introduced in September, the adjournment took place in October, and, as soon as Congress returned, this conference was arranged. Mr. GROVER. But it was arranged after the bill was introduced. Mr. DINGELL. Gentlemen, the committee has a lot of work to do. Mr. CASO. I indicated we were invited to attend that conference. I did not attend, but we did send a representative from the town. The record will show that. Before I conclude, I would like to respectfully request that this presentation by the town of Hempstead-that is, the entire presentation-would be submitted for the record, because I understand unless you so direct that only my statement which was read from it would become a part of your record. Mr. DINGELL. The Chair will try and afford you full opportunity to present every bit of information possible. The Chair will direct counsel to scrutinize that, and ascertain what portions are already in the record, and we will try to put in as much as we possibly can. Mr. CASO. Thank you very much. Mr. DINGELL. Thank you. (The following material was submitted by Mr. Caso for the record :) PETITION We, the undersigned, petition the Hempstead Town Board to oppose and reject any agreement which would place under Federal control 10,500 acres of Wetlands owned by residents of the Town of Hempstead for 300 years. Control of this land must not be taken from us. It must remain in Town ownership and under Town jurisdiction to be developed, managed, and maintained as a conservation area and recreational resource as provided for by the present Town plan and by the existing cooperative agreement between the Town of Hempstead and the State Department of Conservation. At date of printing (June 21, 1966) 1,500 signatures had been submitted to the Hempstead Town Department of Conservation and Waterways on the above petition. Additional signatures are being received each day. The petition is on view in the office of the Town Clerk, Hempstead Town Hall, 350 Front Street, Hempstead, New York. THE HEMPSTEAD TOWN LANDS RESOURCES COUNCIL, Mr. RALPH CASO, November 5, 1965. DEAR SUPERVISOR CASO: Last week's news regarding the dedication of the wetlands was indeed welcome. In establishing not only a philosophy for total wetlands protection, but a legal and binding long-term program, the Town is one which will benefit future generations of making an historical move Hempstead residents. Hempstead's announced move will certainly be an example for all of Long Island and may very well be a step toward changing the national philosophy regarding resource planning and use. As a conservationist and one who is active in many, many organizations, both local and national. I would hope that other Long Island towns would be persuaded to follow Hempstead's lead in three most constructive areas: (1) Its dedication of wetlands (2) The creation of an active and valuable conservation department (3) The planning for (and completion of) education facilities at the waterfront in the form of laboratories, nature parks, etc. May I say again that once the dedication is final, I would like to be one of the first in line to extend my congratulations and express the thanks of those who have long looked forward to this action. Thank you again Mr. Caso. Sincerely, ROD VANDIVERT, Chairman. NASSAU COUNTY FISH & GAME ASSOCIATION, INC., Mr. RALPH CASO, Presiding Supervisor, Town of Hempstead, DEAR MR. CASO: This letter is written to you on behalf of and at the direction of the Board of Directors of the Nassau County Fish and Game Association, Inc. As you know, NCFGA is the federation of sportsmen in Nassau County; there are presently more than 100 clubs affiliated which, together with our members at large, represent more than 10,000 conservationists, fresh and salt water fishermen, hunters and sportsmen vitally interested in the conservation of our natural resources. We are equally concerned with the protection and improvement of our outdoor recreational resources particularly those recreational pursuits which rely on the bounties of nature such as fishing, clamming, bird watching, hunting, nature studies and the like. In furtherance of these aims our membership has for the past six years actively sponsored and engaged in a rigorous and unrelenting campaign to save the unique Hempstead Town wetlands, and the once bountiful fish and wildlife which it supports, from destruction by exploiters' dredging, filling and pollution, so that this resource may be enjoyed by generations yet unborn. Receipt is acknowledged of your recent letter and enclosure apprising us of the dedication to conservation of 10,500 acres of town wetlands under the Long Island Wetlands Act. The Board of Directors of Nassau County Fish and Game Association, Inc., commends the Town Board of the Town of Hempstead on this enormous step in the conservation of these valuable and irreplace able wetlands. By this action the Town of Hempstead has now breathed life into the Long Island Wetlands Act of 1959. As the first Town to make more than a token dedication of its wetlands the Town of Hempstead has set an example which we earnestly hope will be followed by the other towns in Nassau and Suffolk Counties. One of the functions of the NCFGA Board of Directors is to study and report to the members on the status of legislation and municipal actions affecting hunting, fishing, sporting firearms, marine fisheries, boating and conservation of our natural resources. In furtherance of this obligation and with the governing provisions of the N.Y. Conservation Law and the L.I. Wetlands Act in mind. the Board of Directors has studied the cooperative agreement dated December 28, 1965, between the Town of Hempstead and the New York State Conservation Department which provides for the joint management and improvement of these wetlands and the fish and wildlife resources which dwell there. The directors have also examined into the criticisms which have recently been leveled in various public statements. As a result of these studies the directors are reporting to the members as follows: The dedication to conservation of 10,500 acres of Town wetlands and the Joint Town-State management agreement appears to be within the bounds set by the Long Island Wetlands Act of 1959 and is a good step in the conservation of this natural resource. A public complaint has been made that the joint management agreement does not outline a specific development program. The Directors feel that such criticism fails to recognize that the prime and immediate purpose of the dedication is to stop dredging and other forms of exploitation, in order to save the wetlands from further destruction. The main point, which some outstanding conservationists in their enthusiasm seem to be overlooking, is that by this act we have finally brought the destruction of the Hempstead Town wetlands to a halt. Having saved the wetlands from further destructive commercial dredging, having so to speak put these Town lands "in escrow," there is now time to proceed with the formulation of a development plan in an orderly fashion. We have been advised that development and rehabilitation plans will be promulgated following further detailed biological studies being conducted by the State Conservation Department and the Town of Hempstead of this extensive area. In this respect the Directors have requested assurance of the Town Board of the Town of Hempstead that as specific development plans are formulated from time to time, interested groups such as ours will be kept informed by appropriate advance notice so that a cooperative spirit may prevail and the wetlands may be developed for the maximum benefit to all. Another complaint appears to infer that some skullduggery lurks with regard to the continuance of present leases in the wetlands. This criticism totally fails to take into account the fact that it was the conservation groups themselves, namely Nassau County Fish and Game Association, Inc., Hempstead Town Lands Resources Council and the New York State Conservation Department, which suggested to the Town of Hempstead that the Town would be permitted to continue the present leases to the bay houses. This was done as an inducement to get the Town Board to agree to dedicate the wetlands. Our records show that at a public meeting held in the Freeport Village Hall on November 15, 1962, under the auspices of the Hempstead Town Lands Resources Council, at which the Presiding Supervisor of the Town of Hempstead was present, as well as representatives of the U.S. Fish and Wildlife Service and the New York State Conservation Department, the following took place: The Presiding Supervisor indicated that a major reason for the Town's reluctance to dedicate wetlands to conservation was that he did not want to have to evict all of the town residents who had erected summer bay houses on the marsh islands under leases with the Town of Hempstead; whereupon Dr. E. L. Cheatum, Director of the Division of Fish and Game of the New York State Conservation Department, addressed the meeting and informed the Presiding Supervisor that it was the policy of the state legislature in enacting the L.I. Wetlands Act to provide for increased recreational opportunity from this resource, and that the State Conservation Department considered these summer bay houses to be a permissible recreational use of the bays and that the Town could continue to lease the bay houses to its residents, subject only to the restriction that these tenants refrain from acts of pollution and filling of their land; all groups present then urged the Presiding Supervisor to dedicate the wetlands subject to these leases. To help clear the air on this point, it would be well for the Town Board to indicate publicly that the leases referred to in the present joint management agreement are those for private recreational dwelling purposes, and to enunciate the restrictions to be imposed upon the residents using the bay houses, as soon as possible. The Board of Directors has further cautioned the members not to hastily endorse a federal take-over of these local wetlands, at least not unless Town-State management proves ineffective to protect and develop this natural resource. While we encourage federal legislation restricting the powers of the Army Corps of Engineers to execute projects which are detrimental to the conservation values of the wetlands, and while we favor federal financial assistance which can be of help, we do not feel that the time is appropriate for the federal government to take over these lands, especially while the Town and the State have shown a spirit to conserve them under local control. Again, the Board of Directors commends the Hempstead Town Board on taking this important forward step in the conservation of Town wetlands. Very truly yours, SHERWIN E. ALLEN, President. |