Finding Aid to the Alan Stein papers

Phyllis DeMuth and Marilyn Kwock (Alaska State Library Historical Collections) Marjorie Bryer (The Bancroft Library)

The Bancroft Library

1986-1995, 2018

The Bancroft Library

University of California

Berkeley, CA 94720-6000

bancref@library.berkeley.edu

URL: http://www.lib.berkeley.edu/libraries/bancroft-library

Language of Material: English

Contributing Institution: The Bancroft Library

Title: Alan Stein papers

creator: Stein, Alan

Identifier/Call Number: BANC MSS 2018/199

Physical Description: 4.6 Linear Feet (9 boxes)

Date (inclusive): 1955-1994

Abstract: The Alan Stein papers documents the work the Point Baker and Salmon Bay Protective Associations did to protest clearcut logging and lobby for buffer strip legislation in the Tongass National Forest on Prince of Wales Island in Alaska. The collection contains materials related to two significant lawsuits pertaining to clearcutting: the Point Baker Association’s logging lawsuit (Zieske v. Butz), and the Salmon Bay Protective Association’s lawsuit and Environmental Impact Study Appeal (Stein v. Barton). The collection also includes the Point Baker Association’s forestry lobby legislation file for the National Forest Management Act of 1976 and the Tongass Timber Reform Act of 1990. These papers were collected by one of the lead plantiffs, Alan Stein. According to Stein, these records document local Alaskan bush communities’ efforts to protect salmon streams essential to their economy and way of life.

Language of Material: Collection materials are in English.

Physical Location: Many of the Bancroft Library collections are stored offsite and advance notice may be required for use. For current information on the location of these materials, please consult the library's online catalog.

Conditions Governing Access

Collection is open for research.

Accruals

No future additions are expected.

Immediate Source of Acquisition

The Alan Stein papers were given to The Bancroft Library in 2018 by Alan Stein. The collection was deaccessioned from, and received via, the Alaska State Library.

Alternate Forms Available

There are no alternative forms of this collection.

Arrangement

Original order was maintained, as were original folder titles and numbering. Stein sorted and organized the papers and provided explanatory materials and chronologies re: both lawsuits (this can be found in Box 1, folder A). The papers were housed according to Stein's instructions, and notes were not checked for accuracy by the archivists. Materials regarding the Point Baker Association logging suit (Zieske v. Butz) and forestry legislation lobby files are in Boxes 1-3, and Box 4, folders 41-42. Materials regarding the lawsuit Stein v. Barton (Salmon Bay Protective Association) are in Boxes 4-9.

Biography

Alan Stein, a fisherman, homesteader, and activist in Port Protection, Alaska, founded the Point Baker Association in 1973. This group of local citizens joined to protest clearcut logging near Point Baker. The Association initiated a federal lawsuit in December 1975, Zieske v Butz, which stopped clearcut logging near Point Baker and threatened all logging on the West Coast. Zieske (1975) spurred Congress into Passing the NFMA (National Forest Management Act, 1976) and Stein (1990) spurred Congress to pass the buffer strip provisions contained in the TTRA (1991). In both cases, Stein lobbied Congress extensively. In 1989, Stein organized a group of commercial fisherman into the Salmon Bay Protective Association (SBPA). They challenged the U.S. Forest Service Environmental Impact Statement and Record of Decision as they affected commercial clearcut logging of trees along approximately 1,800 salmon streams in the Tongass National Forest, as well as plans to clearcut in the watershed of Prince of Wales Island, Salmon Bay. The SBPA won a U.S. District Court order prohibiting logging along Class I and II streams and succeeded in persuading the U.S. Congress and Alaska State legislature to pass 100 foot buffer strip streams in the Tongass National Forest.

Preferred Citation

[Identification of item], Alan Stein papers, BANC MSS 2018/199,The Bancroft Library, University of California, Berkeley

System of Arrangement

Arranged to the folder level

Processing Information

Processed by Phyllis DeMuth and Marilyn Kwock at the Alaska State Library, 1986-1995 (formerly MS 093)

Updated by Marjorie Bryer at The Bancroft Library, in 2018

Scope and Content of Collection

The Alan Stein papers document the work the Point Baker and Salmon Bay Protective Associations did to protest clearcut logging and lobby for buffer strip legislation in the Tongass National Forest on Prince of Wales Island in Alaska. The collection contains materials related to two significant lawsuits pertaining to clearcutting: the Point Baker Association’s logging lawsuit (Zieske v. Butz), and the Salmon Bay Protective Association’s lawsuit and Environmental Impact Study Appeal (Stein v. Barton). The collection also includes the Point Baker Association’s forestry lobby legislation file. These papers were collected by fisherman Alan Stein, who was also one of the lead plantiffs. According to Stein, these records document local Alaskan bush communities’ efforts to protect salmon streams essential to their economy and way of life.

Materials in the collection include correspondence; legal documents; legislation and lobbying materials; materials re: buffer strips on streams; newspaper clippings; position papers on salmon stream protective measures; resolutions passed by the United Fishermen of Alaska, the Alaska State Legislature, and conservation groups; state and federal agency memos; Stein’s testimony before the U.S. Senate and House committee of Agriculture, and his diaries and notes.

Publication Rights

Some materials in these collections may be protected by the U.S. Copyright Law (Title 17, U.S.C.). In addition, the reproduction of some materials may be restricted by terms of University of California gift or purchase agreements, donor restrictions, privacy and publicity rights, licensing and trademarks. Transmission or reproduction of materials protected by copyright beyond that allowed by fair use requires the written permission of the copyright owners. Works not in the public domain cannot be commercially exploited without permission of the copyright owner. Responsibility for any use rests exclusively with the user. All requests to reproduce, publish, quote from, or otherwise use collection materials must be submitted in writing to the Head of Public Services, The Bancroft Library, University of California, Berkeley 94720-6000. See: http://bancroft.berkeley.edu/reference/permissions.html.

Subjects and Indexing Terms

United States. -- Forest Service. -- Alaska Region

Clearcutting -- Environmental aspects -- Alaska.

Fishery management -- Alaska.

Lumbering -- Alaska -- Prince of Wales Island.

Forestry law and legislation--United States

Water -- Pollution -- Alaska.

Tongass National Forest (Alaska) -- Management.

Stein, Alan

box 1, Folder A

Background Materials/Alaska State Library Collection Guide 1993

Correspondence Files

box 1, Folder 1

Baade, Dixie (Tongass Conservation Society). Correspondence re: Point Baker 1972-1984

box 1, Folder 2

Barlow, Tom (Coalition to Save Our National Forest). Letter to John McGuire, Chief, U.S. Forest Service, Dated November 24, 1976; Notes, etc. 1976

box 1, Folder 3

Folta, Richard C: (Attorney for Point Baker Association in Zieske vs. Butz) 1975

box 1, Folder 4

Governor, Office of. Copies of Letters in Gov. Jay Hammond's Office File Pertaining to State Policy on Environmental issues in Southeast Alaska (from Alaska State Archives) 1975

box 1, Folder 5

Myren, Richard T. (Sierra Club, Juneau Group President; Retired NOAA-Auke Bay Laboratory Employee). Correspondence and Material re: Point Baker 1970-1979

box 1, Folder 6-7

Stein, Alan. Letters Sent 1973-1979

box 1, Folder 8

Stein, Alan. Letter to Senator Ted Stevens and Reaction to Bill He Introduced Allowing Clearcutting January 26, 1976

box 1, Folder 9-12

Stein, Alan. Letters received 1974-1984

box 1, Folder 13

Wilson, Richard (U.S. Forest Service Supervisor). Regarding Point Baker Appeal to the Forest Service 1974

box 1, Folder 14-15

Letters (Various Correspondents) 1972-1976

Action Files: Appeals, Memos, etc.

box 1, Folder 16

Point Baker Association Petition to Governor's Office January 1975

box 1, Folder 17

Sierra Club (Juneau group). Statement on Point Baker-Port Protection Clearcut Suit. undated

box 1, Folder 18

Stein, Alan. Memo to State Administration Officials Regarding State Strategy for National Forest Management Act Legislative Action 1976

box 1, Folder 19

Memos/Policy Statements of Government Agencies Regarding Protection Measures 1976

box 1, Folder 20

Memos/Comments of Agencies and Organizations on Forest Land Use Plan, etc. 1972-1976

box 1, Folder 21

Resolutions: Tenakee Springs Council re: Logging at Tenakee Inlet; Alaska Legislature Senate Joint Resolution No. 12 re: Timber Sale, Afognak Island; Northern Southeast Regional Aquaculture Association Resolution re: Chilkat-Chilkoot Drainages 1974-1979

box 1, Folder 22

Comments of State Agencies on Management Plan for South Lindenberg, Tongass National Forest 1976

box 1, Folder 23

Hammond, Governor Jay. "State Action Following Clearcutting Decision" (Speech) 1976

box 1, Folder 24

Appeal: Forest Service Responses from Supervisor Richard.Wilson and Decision of the Secretary of Agriculture 1974-1975

Stein Files on Point Baker Lawsuit Activity, etc.

box 1, Folder 25

Stein, Alan. Photographs: Point Baker Logging (Shown in Washington D.C. and Juneau for Lobbying) 1976

box 1, Folder 26

Stein, Alan. Writings Regarding Issues Relative to Point Baker Lawsuit, Stream Protection, etc. circa 1976-1985

box 1, Folder 27

Stein, Alan. Testimony Before the U.S. Congress 1976

Newspaper Clippings and Publications

box 2, Folder 28-29

Point Baker Association Clearcut Suit, Coalition to Save the National Forests, and Environmental Issues 1973-1976

box 2, Folder 30

Yates, Charles. Article Reprinting Yates' Speech that Led to His Termination as Regional Forest Supervisor 1975

box 2, Folder 31

Southeast Alaska Conservation Council/Sitka Conservation Society. Publications 1971-1976

box 2, Folder 32

Publications: Ketchikan Pulp Company Timber Sale, Draft Environmental Impact Statement, Tongass National Forest; Studies on Alaska by Federal Agencies 1974-1979

box 2, Folder 33

Publications: General Activities and Studies Regarding Fishing, Logging and Other Topics 1955-1976

box 2, Folder 34

Folta, Richard (Attorney). Reference Material (Copies), including Several Laws and Court Cases circa 1975

box 2, Folder 34A

Sierra Club vs Hardin et al. Affadavits (Folta Reference Material) 1970

box 2, Folder 34B-34C

Area Guides, Land Management Plans, Draft Environmental Statement (South East Alaska/Tongass National Forest) 1973-1978

box 3, Folder 35

Miscellaneous: Cartoon, Point Baker Legal Defense Fund Bills, Misty Fjords-U.S. Borax Material circa 1976-1979

Lobby/Lawsuit Files

box 3, Folder 36

Stein, Alan. Notes of Meetings; Preparation for Lawsuit Hearing 1974-1976

box 3, Folder 37

National Forest Management Act: Copies of Legislation and Lobbying Materials 1974-1979

box 3, Folder 38

Forest Practice Drafts and Responses (Received from Jeff Haines, Assistant Attorney General) 1975-76

box 3, Folder 39

Zieske vs Butz: Pleadings, Affidavits, Notice of Forest Service Certification of the Appeal Record 1975-1979

box 3, Folder 40

Bob Weeden, Division of Policy and Planning (State of Alaska). Files: Zieske vs. Butz 1975-1976

box 4, Folder 41

List of Filings at Federal Court Archives, Washington (Zieske vs. Butz) (Acc. 95-50) 1977

box 4

Richard Myren Materials: Affidavit, etc. in Sierra Club vs. Champion Plywood (Acc. 95-50) 1970

Stein v. Barton: Appeal Research and Freedom of Information Act Requests

box 4, Folder A

Box Content List (Made by Alan Stein) 1989

box 4, Folder 1

Early Correspondence February 1989

box 4, Folder 2

Freedom of Information Requests 1988-1989

box 4, Folder 3

Department of Environmental Conservation (DEC)/Environmental Protection Agency (EPA) Water Quality on Federal Land 1989-1990

box 4, Folder 4

Research Notes and Data circa 1979-1989

box 4, Folder 5

Evidence, U.S. Forest Service 1989

box 4, Folder 6

Notes for Lawsuit 1988-1989

box 4, Folder 7

U.S. Forest Service and U.S. Department of Agriculture Memos 1988-1989

box 4, Folder 8

Analysis for Lawsuit 1989

box 4, Folder 9

Buffer Strips...(Draft) circa 1989

box 4, Folder 10

Department of Environmental Conservation (DEC) Archives: Enforcement, Water Quality Violations: Salmon Streams 1977-1981

box 4, Folder 11

Key to U.S. Forest Service Database, Early 1989 (GIS Codes) 1989

box 4, Folder 12

Stein's Notes of Interview with Doug Swanston 1989

box 4, Folder 13

Tracy Moore Interview 1989

box 4, Folder 14

DEC Research Streams 1989

box 4, Folder 15

Freedom of Information Act Responses 1989

box 4, Folder 16

"State Forest Practices Act Lobbying for Buffers, 1989" 1989

box 4, Folder 17

"Stream Committee..." 1988-1989

box 4, Folder 18

"Legal Research" 1989

Stein v. Barton: Appeal to the Record of Decision & Environmental Impact Statement for the 1989-1994 Operating Period for the Ketchikan Pulp Company Long-Term Sale Area

box 5, Folder 1

Affidavit of Michael Murphy, National Marine Fisheries Service June 21, 1989

box 5, Folder 2

Decision on Environmental Impact Statement for Ketchikan Pulp Co. 1989-1994

box 5, Folder 3-4

Drafts of Stein's Appeal 1989

box 5, Folder 5

Appeal by Buck Lindekugel, Attorney 1989

box 5, Folder 6-8

Exhibits to First and Second Appeals 1989

box 5, Folder 9

Third Appeal and Exhibits 1989

box 5, Folder 10

U.S. Forest Service Final Decision on Appeal, etc. 1991-1992

box 5, Folder 11

Myren's Calculations during Lawsuit...used by Buck circa 1989

box 5, Folder 12

Staney Creek, Prince of Wales Island: Water Quality circa 1990

Stein v. Barton: 1989 EIS Appeal Papers & Documents, Salmon Bay Protective Association (SBPA) Records

box 6, Folder 1

Temporary Restraining Order September 29, 1989

box 6, Folder 2

SBPA Daily Activities 1989-1990

box 6, Folder 3

"Discovery" 1989

box 6, Folder 4

Addendum to Record of Decision 1989

box 6, Folder 4A-6

"Negotiations I-IV" 1989

box 6, Folder 7

"Notes Meeting" 1989

box 6, Folder 8

"Evidence" 1989

box 6, Folder 9

Reprint circa 1989

box 6, Folder 10

"Sturdevant Affidavit" 1990

box 6, Folder 11-12

Notes/Telephone Notes/Conversation 1989

box 6, Folder 13-21

SBPA Business Papers, Membership Information, Telephone Log, Incorporation Papers, Meeting Minutes, Mailing Lists, Organizational Records, Tax Forms, Correspondence 1989-1990

box 9, Folder A

SBPA Correspondence 1989

Stein v. Barton: SBPA Records and Activities, Lobbying, Timber Industry, 1988-1990

box 7, Folder 1

Southeast Alaska Seiners Association Settlement Agreement circa 1990

box 7, Folder 2

SBPA Correspondence 1990

box 7, Folder 3

"Correspondence with Buck [Lindekugel]" 1990

box 7, Folder 4

"Buffer Policy, United Fisherman of Alaska (UFA), National Marine Fisheries Service" April-May 1990

box 7, Folder 5

"Resolution" 1990

box 7, Folder 6

"Post-March 20th Lobbying" 1990

box 7, Folder 7

"Wilderness Society Proposed Johnstone Amendment..." April 1990

box 7, Folder 8

"Time Limit Johnstone Demo, 5-1" 1990

box 7, Folder 9

"State's Testimony, Mark-Up Bill" 1990

box 7, Folder 10

"Mark-Up Correspondence Activities" 1990

box 7, Folder 11

"Letters of Support" 1990

box 7, Folder 12

"Energy Committee Report" March 1990

box 7, Folder 13

"Testimony, Me. and Southeast Alaska Conservation Council (SEACC)" 1989-1990

box 7, Folder 14

"Johnstone Markings" 1990

box 7, Folder 15

"UFA-Salmon Bay Letter Dispute" May 1990

box 7, Folder 16

"Tongass Conference" October 1990

box 7, Folder 17

"Frank and Denny: Petition Originals and Drafts" 1987-1990

box 7, Folder 18

"Petition" 1990

box 7, Folder 19

"TTRA Lobbying, SEACC, Koeler": Operation Meltdown 1990

box 7, Folder 20

"SBPA Operation Meltdown" October 1990

box 7, Folder 21

"Map of Salmon Bay in Bill" 1990

box 7, Folder 22

"Application on SBPA for Grant" 1990

box 7, Folder 23

"DEC Lobbying" 1990

box 7, Folder 24

Timber Companies that Try to Regain Buffers after TIRA 1991

box 7, Folder 25

"Lobbying 1990 to Get UFA Support" 1990

box 7, Folder 26

"Map of Salmon Bay, Fish and Game Values for Wildlife" undated

box 7, Folder 27

"Fish Kills Working Group" 1990

box 7, Folder 28

SBPA Grant Letter 1990

box 7, Folder 29

"DEC" 1988

box 7, Folder 30

Research Data 1989-1990

box 7, Folder 31

National Forest Management Act of 1976 1976

box 7, Folder 32

Wennekens, M.P., "Sediment Pollution..." 1986

box 7, Folder 33

"Buffer Research, Fish and Game" undated

box 7, Folder 34

"Archaeology" undated

box 7, Folder 35

"Senator Wirth's Speech" 1990

box 7, Folder 36

Miscellaneous, includes Photographs of Ward Creek Fiasco 1988-1990

Stein v. Barton: Lawsuit Papers, 1989-1991

box 8, Folder 1

"Alaska National Interest Lands Conservation Act (ANILCA) Issues" 1991

box 8, Folder 2-3

"Dispute [with] Buck Over Lawsuit"/Last Fight with BL Over Continuing Lawsuit" 1991

box 8, Folder 4

Motion on ANILCA Claim 199

box 8, Folder 5

"1992 Final Judgment and Circumstances," including Filing Attorney's Fees 1991-1992

box 8, Folder 6

"Legal Docs" 1989-1990

box 8, Folder 7

Stein's Diaries 1989-1991

Stein v. Barton: SBPA Publicity; Publications, and Newspaper Clippings

box 9, Folder 1

Newsletters 1989-1991

box 9, Folder 2

"Publicity on Salmon Bay and Buffers. Stein, Murkowski, and Others" 1990

box 9, Folder 3

Publications and Articles 1976-1990

box 9, Folder 4-5

News Articles 1989-1993

box 9, Folder 6

Miscellaneous 1976-1990

box 9, Folder 7

Stein's Engagement Calendar and Notes 1990-1993