II 112th CONGRESS 1st Session S. 849 IN THE SENATE OF THE UNITED STATES April 14, 2011 Mr. Cornyn (for himself and Mrs. Hutchison) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Waco Mammoth National Monument in the State of Texas, and for other purposes.

1.

Short title

This Act may be cited as the Waco Mammoth National Monument Establishment Act of 2011.

2.

Findings

Congress finds that— (1)the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in Central Texas, near the city of Waco; (2)after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978; (3)several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event; (4)the mammoth discoveries have received international attention; and (5)Baylor University and the city of Waco, Texas, have been working together— (A)to protect the site; and (B)to develop further research and educational opportunities at the site.

3.

Definitions

In this Act: (1)

City

The term City means the city of Waco, Texas. (2)

Management plan

The term management plan means the management plan for the Monument prepared under section 5(c)(1). (3)

Map

The term map means the map entitled Proposed Boundary Waco-Mammoth National Monument, numbered T21/80,000, and dated April 2009. (4)

Monument

The term Monument means the Waco Mammoth National Monument established by section 4(a). (5)

Secretary

The term Secretary means the Secretary of the Interior. (6)

State

The term State means the State of Texas. (7)

University

The term University means Baylor University in the State.

4.

Waco Mammoth National Monument, Texas

(a)

Establishment

There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map. (b)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

5.

Administration of monument

(a)

In general

The Secretary shall administer the Monument in accordance with— (1)this Act; and (2)any cooperative agreements entered into under subsection (b)(1). (b)

Authorities of Secretary

(1)

Cooperative Agreements

The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91–383 (16 U.S.C. 1a–2(l)). (2)

Acquisition of land

The Secretary may acquire by donation from the City any land or interest in land owned by the City within the proposed boundary of the Monument. (c)

General Management plan

(1)

In general

Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument. (2)

Inclusions

The management plan shall include, at a minimum— (A)measures for the preservation of the resources of the Monument; (B)requirements for the type and extent of development and use of the Monument; (C)identification of the capacity of the Monument for accommodating visitors; and (D)opportunities for involvement by the University, City, State, and other local and national entities in— (i)developing educational programs for the Monument; and (ii)developing and supporting the Monument. (d)

Prohibition of use of Federal funds

No Federal funds may be used to pay the costs of— (1)carrying out a cooperative agreement under subsection (b)(1); (2)acquiring land for inclusion in the Monument under subsection (b)(2); (3)developing a visitor center for the Monument; (4)operating or maintaining the Monument; (5)constructing exhibits for the Monument; or (6)developing the general management plan under subsection (c). (e)

Use of non-Federal funds

Non-Federal funds may be used to pay any costs that may be incurred by the Secretary or the National Park Service in carrying out this section. (f)

Effect on eligibility for financial assistance

Nothing in this Act affects the eligibility of the Monument for Federal grants or other forms of financial assistance that the Monument would have been eligible to apply for had National Park System status not been conferred to the Monument under this Act. (g)

Termination of national park system status

(1)

In general

Designation of the Monument as a unit of the National Park System shall terminate if the Secretary determines that Federal funds are required to operate and maintain the Monument. (2)

Reversion

If the designation of the Monument as a unit of the National Park System is terminated under paragraph (1), any land acquired by the Secretary from the City under subsection (b)(2) shall revert to the City.

6.

No buffer zones

Nothing in this Act, the establishment of the Monument, or the management plan shall be construed to create buffer zones outside of the Monument.