[Congressional Record Volume 148, Number 58 (Thursday, May 9, 2002)]
[Senate]
[Pages S4156-S4158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 2494. A bill to revise the boundary of the Petrified Forest 
National Park in the State of Arizona and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. McCAIN. Mr. President, I rise to introduce legislation to 
authorize expansion of the Petrified Forest National Park in Arizona.
  The Petrified Forest National Park is a national treasure among the 
Nation's parks, renowned for its large concentration of highly colored 
petrified wood, fossilized remains, and spectacular landscapes. 
However, it is much more than a colorful, scenic vista, for the 
Petrified Forest has been referred to as ``one of the world's greatest 
storehouses of knowledge about life on earth when the Age of the 
Dinosaurs was just beginning.''
  For anyone who has ever visited this Park, one is quick to recognize 
the wealth of scenic, scientific, and historical values of this Park. 
Preserved deposits of petrified wood and related fossils are among the 
most valuable representations of Triassic-period terrestrial ecosystems 
in the world. These natural formations were deposited more than 220 
million years ago. Scenic vistas, designated wilderness areas, and 
other historically significant sites of pictographs and Native American 
ruins are added dimensions to the Park.
  The Petrified Forest was originally designated as a National Monument 
by former President Theodore Roosevelt in 1906 to protect the important 
natural and cultural resources of the Park, and later re-designated as 
a National Park in 1962. While several boundary adjustments were made 
to the Park, a significant portion of unprotected resources remain in 
outlying areas adjacent to the Park.
  A proposal to expand the Park's boundaries was recommended in the 
Park's General Management Plan in 1992, in response to concerns about 
the long-term protection needs of globally significant resources and 
the Park's viewshed in nearby areas. For example, one of the most 
concentrated deposits of petrified wood is found within the Chinle 
encarpment, of which only thirty percent is included within the current 
Park boundaries.
  Increasing reports of theft and vandalism around the Park have 
activated the Park, local communities, and other interested entities to 
seek additional protections through a proposed boundary expansion. It 
has been estimated that visitors to the Park steal about 12 tons of 
petrified wood every year. Other reports of destruction to 
archaeological sites and gravesites have also been documented. Based on 
these continuing threats to resources intrinsic to the Park, the 
National Parks Conservation Association listed the Petrified Forest 
National Park on its list of Top Ten Most Endangered Parks in 2000.
  Support for this proposed boundary expansion is extraordinary, from 
the local community of Holbrook, scientific and research institutions, 
state tourism agencies, and environmental groups, such as the National 
Park Conservation Association, NPCA. I ask unanimous consent that a 
resolution from the City of Holbrook and a letter of support from NPCA 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                          Resolution No. 00-15


 a resolution of the city of holbrook, arizona endorsing the expansion 
                   of petrified forest national park

       Whereas, Petrified Forest National Park, first established 
     in 1906, is a priceless and irreplaceable part of America's 
     heritage; and
       Whereas, Petrified Forest National Park contains a variety 
     of significant natural and cultural resources, including 
     portions of the Painted Desert and some of the most valuable 
     paleontological resources in the world; and
       Whereas, Petrified Forest National Park has inspired and 
     educated millions of visitors from all over the world, and is 
     cherished as a national treasure to be protected for the 
     benefit and enjoyment of present and future generations; and
       Whereas, the Chinle Formation which creates the 
     spectacularly beautiful landscapes of the Painted Desert, 
     Blue Mesas, and other park features, is probably the best 
     place in the world for studying the Triassic period of the 
     earth's history; and
       Whereas, globally and nationally significant 
     paleontological, archaeological, and scenic resources 
     directly related to the resource values of Petrified Forest 
     National Park, including approximately 70 percent of the 
     Chinle Formation, are not included within the current 
     boundary; and
       Whereas, the newly approved General Management Plan for the 
     park, prepared by the National Park Service with broad public 
     input, has identified about 97,000 acres of land that, if 
     included as part of the park, would lead to protection of the 
     remainder of this globally significant Chinle Formation, 
     along with highly significant archaeological resources, and 
     would protect the beautiful, expansive vistas seen from the 
     park; and
       Whereas, land use patterns in the area of the park are 
     beginning to change, potentially threatening the protection 
     of the park and the broader setting in which it is placed; 
     and
       Whereas, implementing the General Management Plan is 
     essential to carry out a vision for Petrified Forest National 
     Park that will better protect park resources, enhance 
     research opportunities, broaden and diversify visitor 
     experiences, improve visitor service, and help contribute to 
     the sustainability of the regional economy into the 21st 
     century; and
       Whereas, an excellent opportunity now exists to include 
     adjacent areas of significant resources inside the park 
     boundary because other landowners in the region, including 
     the State of Arizona, and the Bureau of Land Management, and 
     other private landowners recognize the significance of the 
     resources on their lands and have expressed interest in 
     seeing them preserved in perpetuity for the benefit and 
     inspiration of this and future generations: Now, therefore, 
     be it
       Resolved, That the City of Holbrook, Arizona, hereby 
     recommends and supports the inclusion within Petrified Forest 
     National Park of all lands identified in the park's General 
     Management Plan as desirable boundary additions, and supports 
     all continuing efforts to enact legislation to accomplish 
     this task and to complete the federal acquisition of this 
     land. Be it further
       Resolved, That the Clerk of the City of Holbrook is 
     directed to immediately transmit this Resolution to the 
     Governor of the State of Arizona, Arizona's Congressional 
     delegation, and the Director of the National Park

[[Page S4157]]

     Service, together with a letter requesting prompt and ongoing 
     support for completing the park expansion.
                                  ____

                                                    National Parks


                                     Conservation Association,

                                      Washington, DC, May 9, 2002.
     Hon. John McCain,
     U.S. Senate, Russell Senate Office Bldg., Washington, DC.
       Dear Senator McCain: The National Parks Conservation 
     Association (NPCA) commends you for your leadership and 
     vision in introducing the Petrified Forest National Park 
     Expansion Act of 2002. Ever since NPCA published a Park 
     Boundary Study for various national parks in 1988, we have 
     been advocating the need for this expansion. With private 
     landowners anxious to sell their land, we believe the time is 
     ripe for this expansion.
       It is hard to imagine a better example of an outdoor 
     classroom than Petrified Forest National Park. This boundary 
     expansion will ensure long-term protection of globally 
     significant paleontological resources, potentially nationally 
     significant archaeological resources where there is 
     substantial evidence of early habitation, and the park's 
     viewshed. It will also alleviate the threat of encroaching 
     incompatible development and will greatly enhance the 
     National Park Service's capability to protect the resources 
     from vandalism and illegal pothunting.
       Just as Theodore Roosevelt recognized the importance of 
     preserving this land when he proclaimed Petrified Forest a 
     national monument in 1906, your legislation would ensure that 
     future generations can learn even more from this amazing 
     landscape that capture's the world's best record of Triassic-
     period terrestrial ecosystems and prehistoric human 
     occupation through an array of artifacts and ``trees turned 
     to stone.''
       NPCA looks forward to working with you and your staff to 
     advance this legislation.
           Sincerely,
                                                Thomas C. Kiernan.

  Mr. McCAIN. Mr. President, editorials from Arizona State newspapers 
also encourage a boundary expansion for the Park. I ask unanimous 
consent that articles from the Arizona Republic and the Holbrook 
Tribune News regarding the park expansion proposal be printed in the 
Record.
  There being no objection, the editorials were ordered to be printed 
in the Record, as follows:

                [From the Arizona Republic, May 3, 2002]

  Expanding Petrified Forest Can Save Treasures--Pothunters, Looters 
                           Ravaging Park Area

       Looters and pothunters are ravaging the land around 
     Petrified Forest National Park.
       The property should be inside the park. A decade ago, the 
     Park Service decided Petrified Forest's boundaries should be 
     expanded to include the priceless paleontology, archaeology 
     and other resources in adjoining areas.
       But the proposal has rarely gotten off the congressional 
     back burner.
       Until now.
       Arizona Republicans Rep. J.D. Hayworth and Sen. John McCain 
     are preparing bills to expand Petrified Forest. The plan is 
     to add 140,000 acres, more than doubling the 93,500-acre 
     park.
       They can't move too fast.
       The assets they're trying to protect are under heavy 
     assault.
       A pothunter recently smashed through an 800-year-old 
     prehistoric Indian site while searching for booty. Someone 
     else unearthed a massive petrified tree, nearly 5 feet in 
     diameter, and prepared to hack it into marketable chunks.
       Last year, we urged Congress to approve the park expansion. 
     Since then, looters have wrecked about 400 gravesites near 
     the park's eastern boundary.
       Congress has been understandably preoccupied with other 
     issues. But a critical window of opportunity is about to 
     close.
       Elections are coming up, and Arizona's new, larger 
     delegation could take time to come together on this issue. 
     Landowners around Petrified Forest are tired of waiting to 
     sell to the government and are beginning to subdivide their 
     land. The National Parks Conservation Association, and 
     Albuquerque-based non-profit group, is running out of 
     resources to push for the expansion.
       And the destruction, of course, continues unabated.


                          boundaries misjudged

       When Petrified Forest was protected almost a century ago, 
     originally as a national monument, the goal was simple: Save 
     some pretty fossilized wood. And that's how the boundaries 
     were picked.
       Now we realize that area in northeastern Arizona is a 
     treasure chest, with world-class paleontology, pueblo ruins, 
     striking petroglyphs and, of course, the marvelous trees that 
     turned to stone millions of years ago.
       But without a park expansion, many of these treasures will 
     remain outside the protection of federal law. Among them:
       The Chinle Escarpment, now only partially within the park, 
     has the world's best terrestrial fossils of plants and 
     animals from the late Triassic period, including early di- 
     nosaurs. The escarpment has yielded the earliest known 
     sample of amber.
       Rainbow Forest Badlands are rich in fossils and include 
     grazing land for the national park's herd of pronghorn 
     antelope
       Dead Wash Petroglyphs has panels of rock art and pueblo 
     sites of prehistoric people.
       Canyon Butte, a dramatic landmark, includes pueblo ruins 
     with signs of warfare.
       Expanding the park's boundaries appears unlikely to stir 
     controversy in Congress. Sen. Jon Kyl, R-Ariz., previously 
     landed $2 million in federal funding for land purchases.
       But we all know that the best ideas can get lost in the 
     blizzard of bills in Congress.
       We applaud Hayworth and McCain for pressing forward with 
     the park expansion. While there's still something left to 
     save.
                                  ____


          [From the Holbrook (AZ) Tribune-News, Oct. 27, 2000]

                       Park's Proposed Expansion

       Now under study is a plan to expand the Petrified Forest 
     National Park's boundaries by about 97,000 acres to afford 
     protection to this priceless natural treasure. It deserves 
     our interest and support.
       Thanks to the efforts of President Theodore Roosevelt and 
     others back in 1906, the park has been preserved for us to 
     enjoy nearly a century later. Now it is time to take the 
     necessary steps to protect the park for our posterity.
       The land involved surrounds the existing park. Some of it 
     is publicly owned, and some is privately owned.
       Presumably the public agencies owning property adjacent to 
     the park understand how important it is to enlarge the park 
     and offer protection to its resources. It is my understanding 
     that most, if not all, of the major private property owners 
     also support this expansion plan.
       The problem is that as these privately owned parcels are 
     subdivided, it makes it more and more difficult to acquire 
     the property for the expansion. And each year, the issue will 
     become more difficult, with more owners to deal with.
       The addition of this acreage to the Petrified Forest 
     National Park will help preserve these natural and cultural 
     heritage areas, and it is my hope that necessary steps will 
     be taken to accomplish this program.
       We have been fortunate to have foresighted people in the 
     past who have maintained this wonderful place for us, and we 
     must be equally diligent now to see that our children and 
     grandchildren will have it to enjoy for years in the future.

  Mr. McCAIN. The legislation I am introducing today is intended to 
serve as a placeholder bill for further development of a boundary 
expansion proposal. Several key issues remain that require resolution, 
including the exact definition of the expanded boundary acreage, and 
the disposition, and possible acquisition, of private, Federal, and 
State lands within the proposed expansion area.
  It's encouraging to note that the four major landowners within the 
proposed boundary expansion area have expressed interest in the Park 
expansion. Other public landowners, primarily the State of Arizona and 
the Bureau of Land Management, have recognized the significance of the 
paleontological resources on its lands adjacent to the Park. The 
Arizona State Trust Land Department closed nearby State trust lands to 
both surface and subsurface applications. Additionally, the Bureau of 
Land Management has identified its land-holdings within the proposed 
expansion area for disposal and possible transfer to the Park.
  Other issues involving additional private landholders and State trust 
lands must still be resolved. In particular, the State of Arizona has 
specific concerns which must be addressed as the legislation moves 
through the process, particularly with regard to compensation to the 
State for any acquisitions of State trust lands by the Secretary of 
Interior, in keeping with the requirements of State law.
  I fully intend to address these issues in consultation with affected 
entities and resolve any additional questions within a reasonable time-
frame. A historic opportunity exists to alleviate major threats to 
these nationally significant resources and preserve them for our 
posterity.
  I look forward to working with my colleagues on both sides of the 
aisle to ensure swift consideration and enactment of this proposal. 
Time is of the essence to ensure the long-term protection of these rare 
and important resources for the enjoyment and educational value for 
future generations.
  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. 2494

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Petrified Forest National 
     Park Expansion Act of 2002''.

[[Page S4158]]

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Petrified Forest National Park was established--
       (A) to preserve and interpret the globally significant 
     paleontological resources of the Park that are generally 
     regarded as the most important record of the Triassic period 
     in natural history; and
       (B) to manage those resources to retain significant 
     cultural, natural, and scenic values;
       (2) significant paleontological, archaeological, and scenic 
     resources directly related to the resource values of the Park 
     are located in land areas adjacent to the boundaries of the 
     Park;
       (3) those resources not included within the boundaries of 
     the Park--
       (A) are vulnerable to theft and desecration; and
       (B) are disappearing at an alarming rate;
       (4) the general management plan for the Park includes a 
     recommendation to expand the boundaries of the Park and 
     incorporate additional globally significant paleontological 
     deposits in areas adjacent to the Park--
       (A) to further protect nationally significant 
     archaeological sites; and
       (B) to protect the scenic integrity of the landscape and 
     viewshed of the Park; and
       (5) a boundary adjustment at the Park will alleviate major 
     threats to those nationally significant resources.
       (b) Purpose.--The purpose of this Act is to authorize the 
     Secretary of the Interior to acquire 1 or more parcels of 
     land--
       (1) to expand the boundaries of the Park; and
       (2) to protect the rare paleontological and archaeological 
     resources of the Park.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Map.--The term ``map'' means the map entitled 
     ``Proposed Boundary Adjustments, Petrified Forest National 
     Park'', numbered ____, and dated ________