[Congressional Record Volume 145, Number 103 (Tuesday, July 20, 1999)]
[Senate]
[Pages S8877-S8878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENZI (for himself and Mr. Thomas):
  S. 1397. A bill to provide for the retention of the name of the 
geologic formation known as ``Devils Tower'' at the Devils Tower 
National Monument in the State of Wyoming; to the Committee on Energy 
and Natural Resources.


            devils tower national park name preservation act

  Mr. ENZI. Mr. President, I rise to introduce a bill which will enable 
Devils Tower National Monument to retain its historic and traditional 
name.
  Wyoming is a state rich with heritage. We have cities and communities 
named after great explorers like John Charles Fremont, John Wessley 
Powell, and mountain man Jim Bridger. We have cities named after 
William F. ``Buffalo Bill'' Cody, Civil War Hero General Philip 
Sheridan and Army Fort Commander Caspar Collins. The state is also rich 
with names that recognize the contributions by Native Americans. Our 
state capital, Cheyenne, is joined with other areas named Shoshoni, 
Washakie, Arapahoe, Ten Sleep, Sundance and Shawnee. Wyoming also 
adopted many names that represent the unique geography that makes up 
our diverse state. For example, we have the Yellowstone, Riverton, Big 
Piney, Green River, Mountain View, Lonetree, and the Wind River Canyon.
  One such place, Devils Tower, was named in 1875 by a military survey 
team. You can imagine the impact on the group as it rode up to the 
tower more than 120 years ago. The gray volcanic tower sits on the 
plains of Northeastern Wyoming and shoots up, straight into the sky, 
for approximately one-quarter of a mile. Its rugged walls and round 
shape make it look something like a giant petrified tree stump. I live 
in the area and have visited the tower many times. I can attest that 
the name Devils Tower is clearly applicable.
  Along with Yellowstone National Park's Old Faithful, Devils Tower has 
become an icon of Wyoming and the West. This unique structure is known 
internationally as one of the premiere climbing locations in the world 
and therefore plays a vital role in the state's billion dollar tourism 
industry.
  I am, however, sensitive to the feelings of those Native Americans 
who would prefer to see the name of this natural wonder changed to 
something more acceptable to their cultural traditions. Many tribal 
members think of the monument as sacred. However, I believe little 
would be gained and much would be lost should Devils Tower be renamed. 
Any name change for Devils Tower would dredge up age-old conflicts and 
divisions between descendants of European settlers and the descendants 
of Native Americans and would place a heavy burden on the region's 
economic stability.
  My legislation will prevent such an impact and will embrace the least 
offensive option offered so far--the preservation of the traditional 
name of Devils Tower. I urge my colleagues to support this measure. I 
ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1379

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That, 
     notwithstanding any other authority of law, the mountain 
     located 44 deg.42'58'' N., by 104 deg.35'32'' W., shall 
     continue to be named and referred to for all purposes as 
     Devils Tower.
      By Mr. HELMS:
  S. 1398. A bill to clarify certain boundaries on maps relating to the 
Coastal Barrier Resources System; to the Committee on Environment and 
Public Works.


              coastal barrier resources system corrections

  Mr. HELMS. Mr. President, today I'm introducing legislation to 
correct errors in the Coastal Barrier Resource System maps which have 
resulted in the denial of federal flood insurance to a large number of 
coastal North Carolinians in Dare County, insurance for which they 
unquestionably should have been eligible.
  I've received many complaints from property owners about this 
situation, and last year I and members of North Carolina's House 
delegation asked the Fish and Wildlife Service to determine whether the 
map of the ``otherwise protected area' overlaying the Cape Hatteras 
National Seashore was in fact accurate.'' (Property owners outside of 
the seashore were being denied flood insurance on the grounds that they 
were within the boundary of the ``otherwise protected area.'')
  Mr. President, the background regarding this Senate bill that I'm 
introducing today will explain the necessity of this bill's being 
offered:
  Congress enacted the Coastal Barrier Improvement Act of 1990 (P.L. 
101-591; 104 Stat. 2931); within that act it established a 
classification in the System

[[Page S8878]]

known as ``otherwise protected areas'' which consist of publicly or 
privately-owned lands on coastal barriers which were held for 
conservation purposes. While they were not made part of the Coastal 
Barrier Resources System, the Congress forbade the issuance of new 
flood insurance for structures within these areas. (Lands within the 
Coastal Barrier Resources System--undeveloped coastal barriers and 
associated areas--are denied any Federal development-related 
assistance.)
  All of the ``otherwise protected areas'' are depicted on maps adopted 
by the Congress in the Coastal Barrier Improvement Act. As needed, the 
U.S. Fish and Wildlife Service, which administers these maps, works 
with the Federal Emergency Management Agency, (FEMA) to determine 
precisely where the boundary of otherwise protected areas are located, 
so that FEMA may determine whether specific locations are eligible for 
flood insurance.
  After consulting extensively for more than a year with FEMA and the 
National Park Service, the Fish and Wildlife Service has now advised us 
that the maps of the ``otherwise protected area,'' known as NC03P, are 
indeed inaccurate. The errors in the maps deny flood insurance to 
property owners adjacent to the Cape Hatteras National Seashore in Dare 
County.
  The errors result from inaccurate depictions of the Cape Hatteras 
National Seashore boundary on the standardized maps upon which Congress 
designated this area, and in part because of the problems inherent in 
translating lines drawn on the large-scale maps used for designations 
into precise, on-the--ground property lines-a problem which neither the 
Congress nor the Interior Department appears to have considered when 
this was enacted in 1990.
  The fact that Congress designated the boundaries of coastal barrier 
units and ``otherwise protected areas'' by maps, the detection of an 
error in a depicted feature of the underlying map, or disparities 
between clear Congressional intent and the actual map, does not alter 
the enacted boundary of the unit or area. Only any act of Congress may 
revise such a boundary; the statute does not provide authority for an 
administrative correction of such an error.
  Although there is no statutory definition of, and little legislative 
history for, ``otherwise protected areas'', the areas so designated by 
Congress in 1990 were almost without exception depicted on maps 
transmitted by the Secretary in his January 1989 report to Congress 
pursuant to section 10 of the Coastal Barrier Resources Act of 1982. In 
developing the recommendations and maps for that Report, the Department 
utilized the following definition, which was published in the Federal 
Register (50 FR 8700):

       A coastal barrier or portion thereof is defined as 
     ``otherwise protected'' if it has been withdrawn from the 
     normal cycle of private development and dedicated for 
     conservation, wildlife management, public recreation or 
     scientific purposes. . . .

  This definition indicates that ``otherwise protected areas'' included 
only the conservation areas upon which they were based. In addition, 
the Administration has supported and Congress has enacted legislation 
in several instances where the stated purpose was to remove private 
property from the mapped outer boundary of an otherwise protected area.
  I am grateful for the cooperation of the Administration in this 
matter, I do regret that it look so long in this case.
  The fact remains that the mistakes which led to more than 230 
properties in Dare County being placed within the outer boundary of the 
``otherwise protected area'' was clearly not intended by Congress when 
the ``otherwise protected area'' was created.
  The bill I'm introducing today will correct these errors, Mr. 
President, and I urge the Senate to pass this legislation promptly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1398

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REPLACEMENT OF COASTAL BARRIER RESOURCES SYSTEM 
                   MAPS.

       (a) In General.--The 7 maps described in subsection (b) are 
     replaced by 31 maps entitled ``Coastal Barrier Resources 
     System, NC-03P'', designated as Cape Hatteras 5A through 5G, 
     and dated May 26, 1999.
       (b) Maps Described.--The maps described in this subsection 
     are the 7 maps that--
       (1) relate to the unit of the Coastal Barrier Resources 
     System entitled ``Cape Hatteras NC-03P'';
       (2) are designated as Cape Hatteras 5A through 5G; and
       (3) are included in a set of maps entitled ``Coastal 
     Barrier Resources System'', dated October 24, 1990, and 
     referred to in section 4(a) of the Coastal Barrier Resources 
     Act (16 U.S.C. 3503(a)).
       (c) Availability.--The Secretary of the Interior shall keep 
     the maps that replace the maps described in subsection (b) on 
     file and available for inspection in accordance with section 
     4(b) of the Coastal Barrier Resources Act (16 U.S.C. 
     3503(b)).
                                 ______