Pennsylvania Federation Of Sportsmens Clubs

PFSC NEWS

I-99 REPORTS

1/13/03

PFSC’s Response:

The Conservation Pledge that is recited at the start of each Pennsylvania Federation of Sportsmen's Clubs event indicates our commitment to "save and prevent from waste the natural resources" of our state and country.

Upon hearing of PennDOT's condemnation suit against gamelands 278 when an alternative I99 route path could have been pursued, our membership agreed it was necessary to again voice our opposition, which was done at the PGC's October meeting and via being part of legal action through PennFutures. Not only was the loss of huntable land an issue, so too was the impact on wildlife and the environment. These issues were too big to let slide without knowing that all concerned parties had weighed in on such a monumental decision.

To add insult to injury, PennDOT's per acre monetary offer for the gamelands in question did not come close to the offers made to other affected property owners. This fact was yet another indication of the decision maker’s incomplete awareness or acknowledgement of the impact that would result from the pursuit of the "ridge route" through Bald
Eagle Mountain. With the assistance of PennFuture, the PFSC along with a number of other groups who also opposed the ridge route, openly declared our support of the
Pennsylvania Game Commission's appeal to the condemnation ruling in addition to filing an appeal against the granting of DEP's 105 environmental permit.

As matters progressed, it became obvious that negotiations were in order. It appeared that due to various pressures, not the least of which were construction schedules and political wishes, PennDOT had made up their minds where the highway was to be routed and the courts would allow little argument.

Similar to former and more acceptable methodology, the PGC pursued PennDOT for a negotiated settlement to the land acquisition rather than allowing significant precedence to be established allowing one state agency to simply condemn land holdings of another, and then with only a token reimbursement. PennDOT's resulting offer fell much more in line with what will be needed to purchase equivalent or even greater parcels of ground suitable for wildlife and resource management, in addition to provisions for providing access to a piece of the dissected gamelands, which would be landlocked once the highway is constructed. Besides this improved offer, further statements came from DEP with regard to their monitoring of construction plans and practices to maintain adherence to any environmental permits issued which include allowances for wildlife corridors.

Prior to making a decision whether to accept this new offer, the PGC asked for input from the PFSC. We appreciated this opportunity to reiterate our concern for the loss of public hunting ground and wildlife habitat, the impact on water and other environmental elements, and to no less extent the worries set aflame by the knowledge that it could happen again. Due to the rapid developments, several PFSC officers along with our Executive Director, responded on behalf of the organization. In light of the political pressures to see this stretch of highway stay on schedule among the other influences already mentioned, and taking into account the seeming inability of anyone to sway Penn DOT's choice of highway location, and finally realizing the potential the revised offer
could provide to increase landholdings for hunter/public access through the PGC's gamelands system in the larger picture, the PFSC representatives decided to support the PGC’s move towards accepting PennDOT's most recent offer. At a regularly scheduled PFSC board meeting on January 18th, the PFSC officers involved in discussions with the PGC will present a comprehensive report of recent developments including the PGC Commissioner’s approval vote on Tuesday January 7^th, to the remaining PFSC board members. We believe there will be an affirmation of the position already presented to the PGC, combined with a resounding agreement to wholeheartedly seek legislative action.

We have already begun the pursuit of a legislative response that will ensure this scenario never be repeated. Senator Jubilier, who was a major player in helping to negotiate this settlement, has stated his interest in helping to develop and run legislation that would prevent one state agency from being able to condemn land of another state agency.

We do not wish to stand in the way of what is best for the Commonwealth, but we will never accept the condemnation of wildlands as the only or least costly sacrifice, whether in the short or long run.

Lowell D. Graybill, President
Pennsylvania Federation of Sportsmen's Clubs

1/1/03

Rendell supports I-99 link on ridge

By Mike Joseph
mjoseph@centredaily.com

PORT MATILDA - Gov.-elect Ed Rendell said Tuesday he has "no choice" but to support the state Department of Transportation's plan to build the last Interstate 99 link high on the Bald Eagle Ridge rather than on the valley floor.

More….

11/05/02

Bad news this morning. Judge People's (President Judge Blair County) issued an order (with no opinion) rejecting the Federation's Petition to Intervene in the condemnation action.

Basically, he is saying that the Federation/sportsmen and women have no special interest to protect state game lands over and above the interest of the Game Commission.

Worse, at the same time, he issued an opinion rejecting all of the Game Commission's preliminary objections to Penn Dot’s "take" of SGL No. 278. This will only increase pressure on the Game Commission to accept Penn Dot’s latest offer for the land.

10/30/02

ACTION ALERT -- PROTECT YOUR GAMELANDS!

Your immediate assistance is again needed in order to protect Penn Dot’s continuing efforts to destroy State Game Land No. 278

near State College, Pennsylvania. If you believe in protecting sportsmen's resources and wild areas in Pennsylvania, please help! (If you are an organization, please consider forwarding this message to your members).

SGL No. 278 has been targeted by Penn DOT for conversion from an invaluable wildlife resource into a four-lane limited access highway.

Penn DOT has initiated a court action in order to condemn these lands and forcibly take them away from the sportsmen of

Pennsylvania in order to complete I-99 between Altoona and State College. PennFuture, on behalf of the Federation of Sportsmen and others has sought to intervene in these proceedings in order to prevent this land seizure.

These game lands are an invaluable resource: they contain habitat for many game species, including the roughed grouse, and

is part of an Important Bird Area that runs along Bald Eagle Ridge. The game lands are unique in part because they contain rare upland seep wetlands that act as a year-round water supply for wildlife. The highway would eradicate a number of these wetlands, and intercept streams and groundwater that contribute the primary flow to a large wetland complex that serves as habitat for endangered plant species, also located in SGL No. 278.

We are at a CRITICAL STAGE in protecting SGL No. 278! As happens all too often at this time of the year, the Game Commission

is under considerable political pressure to give up these game lands in return for other lands of lesser quality so that Penn DOT may construct its highway. The Game Commission is supposed to act in your best interest. It is time to stop this constant loss of wildlife habitat in Pennsylvania!

If Penn DOT takes SGL No. 278 -- no game lands are safe! Please take a minute to contact your Commissioner and let your opinion be heard! (Address posted below.)

And while you are at it, copy them all with your correspondence.

For the Pennsylvania Federation of Sportsmen (www.pfsc.org)

George Jugovic Jr.

Senior Attorney

Citizens for Pennsylvania's Future

PO Box 19280

Pittsburgh, PA 15213

Tele: 412.624.9943

Fax: 412.648.2648

10/06/02

PennDot filed its condemnation action...

PennFuture filed a petition to intervene on behalf of sportsmen...

Penn DOT then filed an answer to the petition to intervene asking the court to throw it out, saying the court should disqualify the Federation (as well as PennFuture and BERPA), from standing up for the protection of game lands (which Penn DOT asserts would be improved, rather than harmed, by the condemnation action), on the insulting grounds that sportsmen have no standing or no interest in the outcome of the case that directly impacts game lands.

PFSC responds:
The PFSC has been fighting for the protection of the rights and privilege for all PA sportsmen and women for more than 70 years. A critical part of that is the resources all PA citizens value and enjoy. In 1932, the PFSC was formed because streams were being polluted, therefore a critical resource was being destroyed. The sportsmen and women are again being threatened with the destruction of critical habitat, seeps and wetlands which can not be replaced. Of all places, this is being threatened on lands purchased by sportsmen and women dollars that was set aside for responsible wildlife management. It is because of our "ownership" of these grounds, and our commitment to the stewardship of these grounds for the best interests of not only ourselves and the habitat/ecosystem/environment, but for a number of other benefactors as well, that we feel these grounds are at stake, and that is why we are and should be a part of this petition.
There is a much less damaging route available, and the sportsmen and women and wildlife deserve better. The PFSC has a proud record of standing firm for responsible resource management. How can we not be involved in efforts to prevent this injustice?

More info and updates

The Game Commission must meet with Penn DOT on October 10th. At least two Commissioners are on board to resist caving in, but we cannot guarantee the positions of the other Commissioners. We need to contact the Commissioners and the Commission to insist that SGL 278 be PROTECTED, not mitigated with a land swap.

The Rendell Campaign has come out against the ridge route and in favor of protection of sportsmen's resources. We need to find out from the Fisher Campaign where they stand on the issue.

Knowing that the next potential Governor is opposed to the permit being issued for the ridge route will serve two purposes:
First, it will hopefully have an effect on the Commissioners ability to withstand political pressure that will be mounting over the next couple of months.
Second, it will put pressure on DEP to not make a permit decision regarding the ridge route until at least after the election.

Governor Intervention????

The below article appeared in the Altoona Mirror 10/6/02. Below it is the response from the Attorney handling the suit against the project.

Altoona Mirror
Our View
10/6/02
Governor Can Force Resolution
Gov. Mark S. Schweiker needs to make another rush rescue ~ this time to save a highway project from what could, be years of litigation.

The project is the much needed stretch of Interstate 99 between Bald Eagle and Port Matilda. Despite years of environmental studies, design discussions, debates before various agencies and even failed court challenges, construction is facing another obstacle: the Pennsylvania Game Commission.

The Game Commission — among others — doesn't like the route that has been selected and approved by the state and federal government for the highway project. The plan is to construct the highway on an undeveloped area near the Bald Eagle ridge. The Game Commission and a number of environmental groups continue to push for the road to be built along the valley floor.

The Game Commission's ace in the hole in this disagreement is the game lands needed for the road. PennDOT and the Game Commission have been unable to agree on a way for the needed acreage to be acquired for the road project. Now a legal
battle is brewing over PennDOT's ability to
taka game lands under eminent domain.
It's time to get this resolved, and Schweiker
is in a unique position to do it.

PennDOT, which wants to get construction started in the coming months, has a reason to work. for a solution. The Game Commission doesn't have the same incentive; it wins if construction is delayed.

That's where the governor can make a
difference by using brut political force,
Since Schweiker isn't running for election,
he is in a position to use that clout effectively, but time is limited.

Simply put, the governor can tell the game commissioners – the appointees who oversee the agency – either they resolve the dispute with PennDOT or they’re out. That’s possible because the state Supreme Court said last month the governor has the right to fire game commissioners. The commissioners are appointed by the governor with approval of two-thirds of the state Senate.

The governor should make it clear that he wants the I-99 situation resolved before the end of October and should be willing to
be involved in the mediation to find a solution. But he should make it clear that he is
not interested in rehashing what already
has been decided. The ridge alignment has
been approved by state and federal agencies. Some people may not like the decision, but that's the way it is. And we'd feel the same way if it had been decided by the various agencies that a valley route was best.

The only issue now is finding a fair deal for the land. The Game Commission and other landowners should be compensated fairly for their property. And it's incumbent
on PennDOT to find quickly parcels of land
that are appropriate for the swap, and the
governor should make that clear to transportation officials.

We wish that such strong-arm tactics weren't needed, but it is a mistake to allow 1-99 project to be delayed yet again.

It's no secret that the two-lane section of Route 220 between Bald Eagle and Port Matilda is dangerous. Serious accidents and fatalities have proven that. And the situation could become worse since construction is under way on the portions of 1-99 above Port Matilda. We are facing the situation of having two different sections of a four-lane interstate highway with a two-lane, winding roadway as a connector.

We need Schweiker to show important leadership as he completes his stint in the governor's chair. His intervention to bring a speedy solution to the 1-99 matter would be greatly appreciated.

Schweiker impressed Americans with
his take-charge attitude at the Quecreek
Mine rescue. We need to see that same
determination now for a couple of nines —
Interstate 99.

Contact Go. Mark Schweiker at Room
225, Main Capitol, Harrisburg, PA 17120; or
(717)787-2500.

Reply:
October 9, 2002

Letter to the Editor
Altoona Mirror
Altoona, PA
Delivered via electronic mail to opinion@altoonamirror.com

To the Editor:

I don't know which is more shocking about your October 6, 2002 editorial, "Governor can force resolution" — your call for Governor Schweiker to use 'brute force' to muscle the Game Commission into allowing destruction of State Gamelands to build I-99, or the use of untruths and mischaracterizations to support your argument.

Bullying and brute force has already played too big a part in this process. When it became apparent that the choice of the ridge route alternative would be challenged for its failure to comply with federal law, former Congressman Bud Shuster flexed his political muscle and slipped an eleventh-hour rider into a massive appropriations bill to exempt this project alone from the nation’s environmental protection laws.

In its effort to urge Governor Schweiker to use similar bullying tactics, the Altoona Mirror falsely asserts that PennDOT has obtained all the necessary permits needed to construct I-99 along the ridge. To the contrary, PennDOT has not obtained the state permits needed to construct the project, and there is no guarantee those permits can be issued in compliance with the law.

The Game Commission has the legal obligation to manage game lands for the benefit of the sportsmen who paid for those public resources. The Commission correctly recognizes the irreplaceable value of these particular resources, and is not only right but courageous for opposing PennDot’s effort to force destruction of that public resource. It would be wrong for Governor Schweiker, on the eve of a general election, to use political muscle to force the Game Commission to abandon its legislative mandate.

The issue has never been whether to build the road, but where. Everyone agrees that the current road is dangerous. It is PennDOT’s poor judgment that has delayed completion of this project. When every resource agency supported construction of the highway in the valley, PennDOT -- for reasons that remain unclear – chose the ridge alternative knowing the opposition that selection would spark. It is wrong for the Mirror to paint the Game Commission or any other group desiring to protect State Gamelands as obstructionists. It is PennDOT that created this conflict, and it is they that must be held accountable.

Building this highway on the ridge is not only bad for the environment; it is also a serious mistake in terms of safety. And now that Commonwealth Court has decided, much to the sorrow of the families of those killed on Route 22 near Cresson, that PENNDOT cannot be held accountable for building unsafe roads, we have only one option - we must stop these unsafe roads from being built.

PennDOT’s plan is bad for the environment, an unwise use of taxpayer dollars, less safe than the valley alternative, and an insult to the sportsmen of this state. One has to wonder why the power brokers of this state seem so willing to move heaven and earth to construct this highway on the ridge. If the environment, sportsmen, taxpayers and public safety do not benefit from this choice, then who does?

Sincerely,
George Jugovic, Senior Attorney
Citizens for Pennsylvania’s Future (PennFuture)
PO Box 19280
Pittsburgh, PA 15213
412-624-9943

Stop construction of I-99 on the ridge of Bald Eagle Mtn. in Centre and Blair Counties

On June 16, 1999, the Army Corps of Engineers issued a permit allowing the Pennsylvania Department of Transportation (PennDOT) to fill in wetlands for the construction of a segment of Highway I-99 through a large tract of ecologically valuable forests and wetlands on central Pennsylvania's Bald Eagle Mountain. Local environmental groups, as well as the U.S. Fish and Wildlife Service and the Pennsylvania Game Commission, have long opposed this “ridge alignment,” which would destroy irreplaceable wetlands and fragment forest — denuding a 400-foot wide swath of continuous forest on the side of the ridge for a length of about eight miles, and paving over 500 acres of forest, including 90 acres of state game lands.

On February 1, 2000, PennFuture attorneys filed a lawsuit in federal court in Williamsport against the Army Corps of Engineers, the Federal Highway Administration, PennDOT, and the EPA challenging their approval of the environmentally-destructive ridge route.

The plaintiffs contend that the agencies violated federal environmental laws by approving this ridge route despite the existence of a feasible alternative route through Bald Eagle Valley. The valley route would roughly follow the path of the existing state highway, where the natural ecosystems have already been subject to extensive disturbance and fragmentation from development.

PennFuture is representing a coalition of six sporting and environmental groups in this lawsuit: the Bald Eagle Ridge Protection Association (BERPA), the National Audubon Society, Pennsylvania Trout (a Council of Trout Unlimited), the Pennsylvania Federation of Sportsmen’s Clubs, the Pennsylvania Deer Association, and United Bowhunters of Pennsylvania.

On October 24, 2000, the district court granted the government's request to dismiss the case on the basis of a secret rider tucked into a massive 1998 appropriations bill by Rep. Bud Shuster's Transportation Committee. The rider purports the exempt the "Bud Shuster Highway" (I99) from all of the environmental laws that apply to all other federal projects around the country. This two-sentence rider was slipped into the midst of a 400-page appropriations bill at the last minute and passed without any debate. Indeed, most members of Congress were not able to obtain a copy of the final bill before voting, and so were probably unaware that the rider existed.

Unfortunately the Third Circuit upheld the Shuster Rider exempting I-99 from compliance with all federal environmental laws. After the disappointing loss in the Third Circuit, PennFuture committed to assisting the citizens group in pursuing its case before DEP, where PennDOT would need to apply for a permit to complete the highway. On April 5, 2002, PennDOT submitted the long-awaited permit application under the state Dam Safety and Encroachments Act to fill 10.78 acres of Palustrine wetlands, to enclose, bridge or fill 17,640 linear feet of stream, and to place 278,750 cubic yards of fill within the floodway of North Bald Eagle Creek. PennFuture obtained a copy of the permit. Upon publication in the Pennsylvania Bulletin, citizens will have 30 days to file comments with DEP. PennFuture is preparing comments, lining up opposition to the permit and researching potential experts to assist in the fight. DEP does not currently have plans to hold a public meeting on the permit but PennFuture will be demanding that a public meeting be held. If DEP decides to issue the permit, PennFuture will assess the likelihood of success in appealing the permit to the Environmental Hearing Board.

DEP has announced that it will hold a public hearing on August 8, 2002 to "provide comment on a water obstructions and encroachments permit application from PennDOT ..." The hearing will begin at 7 pm at the Ramada Inn, 1450 S. Atherton St. in State College. Citizens may present a maximum of 10 minutes oral testimony; written testimony of any length will be accepted. The application is available for public review from 8 am to 4 pm Monday through Friday at the DEP regional office at 208 W. 3rd St., Williamsport. Call 570-327-3693.

Received word on 8/29/02 that Penn Dot had issued a condemnation permit for the game lands along the Ridge Route. Stay tuned!