[Congressional Record Volume 148, Number 80 (Monday, June 17, 2002)]
[House]
[Pages H3567-H3570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MARTIN'S COVE LAND TRANSFER ACT
Mr. HANSEN. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4103) to direct the Secretary of the Interior to transfer
certain public lands in Natrona County, Wyoming, to the Corporation of
the Presiding Bishop, and for other purposes, as amended.
The Clerk read as follows:
H.R. 4103
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 ``Martin's Cove Land Transfer
Act''.
SEC. 2. CONVEYANCE TO THE CORPORATION OF THE PRESIDING
BISHOP.
(a) Conveyance Required.--Notwithstanding the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
the Secretary of the Interior (hereafter in this section
referred to as the ``Secretary'') shall offer to convey to
the Corporation of the Presiding Bishop, all right, title,
and interest of the United States in and to the public lands
identified for disposition on the map entitled ``Martin's
Cove Land Transfer Act'' numbered MC/0002, and dated May 17,
2002, for the purpose of public education, historic
preservation, and the enhanced recreational enjoyment of the
public. Such map shall be on file and available for public
inspection in the offices of the Director of the Bureau of
Land Management and the Lander District of the Bureau of Land
Management.
(b) Consideration.--
(1) In general.--The Corporation of the Presiding Bishop
shall pay to the United States an amount equal to the
historic fair market value of the property conveyed under
this section, including any improvements to that property.
(2) Determination of fair market value.--Not later than 90
days after the date of the enactment of this Act, the
Secretary shall determine the historic fair market value of
the property conveyed under this section, including any
improvements to the property.
(c) Access Agreement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary and the
Corporation of the Presiding Bishop shall enter into an
agreement, binding on any successor or assignee, that ensures
that the property conveyed shall, consistent with the
historic purposes of the site--
(1) be available in perpetuity for public education and
historic preservation; and
(2) provide to the public, in perpetuity and without
charge, access to the property conveyed.
(d) Right of First Refusal.--As a condition of any
conveyance under this section, the Secretary shall require
that the Church of Jesus Christ of Latter Day Saints and its
current or future affiliated corporations grant the United
States a right of first refusal to acquire all right, title,
and interest in and to the property conveyed under this
section, at historic fair market value, if the Church of
Jesus Christ of Latter Day Saints or any of its current or
future affiliated corporations seeks to dispose of any right,
title, or interest in or to the property.
(e) Disposition of Proceeds.--Proceeds of this conveyance
shall be used exclusively by the National Historic Trails
Interpretive Center Foundation, Inc., a nonprofit corporation
located in Casper, Wyoming, for the sole purpose of advancing
the public understanding and enjoyment of the National
Historic Trails System in accordance with subsection (f).
(f) Use of Proceeds.--Funds shall be used by the Foundation
only for the following purposes and according to the
following priority:
(1) To complete the construction of the exhibits connected
with the opening of the National Historic Trails Center
scheduled for August 2002.
(2) To maintain, acquire, and further enhance the exhibits,
artistic representations, historic artifacts, and grounds of
the Center.
(g) No Precedent Set.--This Act does not set a precedent
for the resolution of land sales between or among private
entities and the United States.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from Michigan (Mr. Kildee) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, H.R. 4103, which I introduced, would direct the
Secretary of the Interior to offer to sell 940 acres of BLM land in
Natrona County, Wyoming, to the LDS Church for the purpose of historic
preservation, public education, and the enjoyment of the public. Funds
from the sale would be directed for the sole purpose of public
understanding and enjoyment of the national historic trail system at
the National Historic Trails Interpretive Center in Casper, Wyoming.
These 940 acres, known as Martin's Cove, were the site of a truly
remarkable and inspiring story of Mormon pioneers. In 1847, a mass
migration of Mormon pioneers began to move west to Utah due to some of
the most intense religious persecution in our Nation's history. This
migration continued into the next decade, when, in 1856, a group of
Mormon handcart pioneers, known as the Martin Handcart Company,
departed Iowa late in the year and found themselves along the trail
stranded with almost no food in freezing temperatures and deep snow. As
they fought against intense weather conditions, between 135 and 150 of
their party would perish, many of them at the site known today as
Martin's Cove.
When Church President Brigham Young was notified by other pioneers
just arriving in the Salt Lake Valley that there was still a company
out in the trail, he immediately organized a team to go out and rescue
them. While many still perished, many were rescued, and their families
remember them and honor them to this day.
Unfortunately, despite the significance of what took place in
Martin's Cove, the site has remained in relative obscurity as the
Federal Government has simply not had the resources to serve the public
or to care for the site. Prior to the involvement of the LDS Church,
also known as the Mormon Church, the BLM was unable to do anything at
the site. They did not have the resources to construct trails, to
protect the resource, to provide interpretation, or even simply to
provide a sign by the side of the road informing the public of what
took place at Martin's Cove.
In fact, because the access to the site was controlled by the
privately held Sun Ranch, when access was available,
[[Page H3568]]
visitors were often charged as much as $30 a head to visit the site.
However, in 1996, the LDS Church stepped forward and purchased the Sun
Ranch and opened it up to the public free of charge. They then
proceeded to spend 31,000 volunteer man-hours to develop the site for
the enjoyment of the public. They built trails, they established a
visitor center, and they provided dozens of full-time volunteers at the
site for interpretation. They built restrooms and campgrounds. In
short, they provided and proved their commitment to the site and to
serving the public.
As everybody in this body knows, it has become increasingly difficult
to find adequate funding to care for the hundreds of millions of acres
of lands held by the Federal Government. I do not know why it would be
in the Federal Government's best interest to retain the financial
stewardship responsibility for Martin's Cove when the LDS Church is not
only willing to tell their story on their own dime but to provide an
ironclad guarantee in this legislation of free public access to the
site. Instead, we should make the wise choice to be good stewards of
the land by devoting the limited financial resources of the Federal
Government to priorities that are of very broad national significance,
such as our national park system. This is a wise policy choice and the
public will be better served as a result. Moreover, the funds from the
sale will be directed where they are greatly needed, in the National
Historic Trails Interpretive Center in Casper, Wyoming.
I believe that Congress must increasingly recognize that if we are
ever going to find the Federal resources necessary to adequately care
for the national treasures of our parks and public lands, then we must
increasingly look to non-Federal entities to serve the public in areas
of a more limited interest and significance, such as this cove. This is
a concept that Congress has recognized before, such as with the
National Historic Lighthouse Preservation Act and the Recreation and
Public Purpose Act. They both allow non-Federal entities to purchase or
simply take title to historic sites of lesser significance if the
public interest can be better served in that manner.
As a result of this policy, there are more tangible recreational and
environmental benefits enjoyed today by the American people that the
Federal Government simply would not have been able to provide on its
own. I believe it is a concept that Congress must increasingly consider
if we are going to meet the important stewardship responsibilities that
the American people expect from us.
I appreciate the support we are receiving from many Members on both
sides of the aisle, including the ranking member of the Committee on
Resources, the gentleman from West Virginia (Mr. Rahall). I also
appreciate the support of the administration, and I urge my colleagues
to support this legislation.
Madam Speaker, I reserve the balance of my time.
Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
(Mr. KILDEE asked and was given permission to revise and extend his
remarks.)
Mr. KILDEE. Madam Speaker, H.R. 4103, introduced by the chairman of
the Committee on Resources, the gentleman from Utah (Mr. Hansen), would
direct the Secretary of the Interior to transfer public land in Natrona
County, Wyoming, to the Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter-Day Saints.
It was on a part of this land, a site known as Martin's Cove, that a
group of Mormon immigrants in 1856 took shelter from an early winter
storm. Many died there in what is considered the single greatest loss
of life as part of the western migration. Martin's Cove was listed on
the National Register of Historic Places in 1977. It is located in
close proximity to four national historic trails.
The sale of this land, as proposed by H.R. 4103, has generated
considerable public interest and concern. The Subcommittee on National
Parks, Recreation and Public Lands held hearings here in Washington,
DC, and in Casper, Wyoming, to ensure public input on this matter. As a
result of those hearings and other input that the Committee on
Resources received, a number of changes were made to the bill to
address legitimate concerns with the legislation.
The changes made by the amendment adopted by the Committee on
Resources involved altering the size of the parcel to be transferred,
providing for an agreement that requires perpetual public access and
historic preservation. The amendment also directs use of the proceeds
of the sale. The form of these changes, Madam Speaker, go a long way in
addressing the concerns that have been raised by some individuals and
organizations.
Madam Speaker, H.R. 4103 has the strong support of the ranking member
of the Committee on Resources, the gentleman from West Virginia (Mr.
Rahall). I know the gentleman from West Virginia (Mr. Rahall) joins me
in looking forward to working with the chairman, the gentleman from
Utah (Mr. Hansen), on sacred-sites legislation to also protect the
cultural and spiritual aspects of lands important to Native Americans.
Madam Speaker, I support this legislation; and I appreciate the
efforts of the chairman and his staff on this bill.
Madam Speaker, I reserve the balance of my time.
Mr. HANSEN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, it is interesting that some have stated that H.R. 4103
would establish precedent by selling religiously significant land and
that Native Americans will want to do the same thing. Opponents who
have raised this really have not looked into it very hard, because
claims that this will lead to Native Americans wanting to purchase
lands that are of national significance are unfounded, and we feel this
is a poor comparison.
It is interesting to know that Martin's Cove is not of national
significance. Ninety-seven percent of those who visit are those who are
LDS themselves or who had families there and want to see it.
The lands that have been conveyed to Native Americans in the past are
also lands that are not of national significance. The pattern is
consistent with what we are doing at Martin's Cove.
I do not think some people realize that religiously significant lands
have already been obtained by American Indian tribes through Federal
legislation. For example, Public Law 98-408, Public Law 104-303, Public
Law 98-620, and Public Law 91-550 were all conveyed to American Indian
tribes.
So I do not think this issue that has been brought up by some has
much significance to it. I feel this legislation we are working on is
very significant. Prior to the time of this going through, a lot of
people wanted to preserve this history. In America we have done so much
on trails, we have done trails all over America, we have done them
through the home State of the Speaker pro tempore and others, where
people and religious organizations have taken very good care of them.
{time} 1415
Madam Speaker, this would open up something that would be beneficial
to the people of that faith, and should also be very beneficial to the
economy of the area. I can speak with personal knowledge of the
excellent job that the LDS Church does as they preserve historic
places. All through the West, from New York, Ohio, Missouri, Illinois,
Iowa, all of those areas now have a significant stamp of approval as
they have seen the good work that these Mormon folks have done. I think
it is part and parcel of the history of this great country. I feel this
is a good piece of legislation. I appreciate comments of the gentleman
from Michigan (Mr. Kildee), and I would urge support for this bill.
Madam Speaker, I yield back the balance of my time.
Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I commend the gentleman from Utah (Mr. Hansen) for his
continued and strong support of the preservation of Native American
historic sites.
Mrs. CUBIN. Madam Speaker, I rise today in opposition to H.R. 4103,
the Martin's Cove Land Transfer Act.
Although Chairman Hansen and I stand on opposite sides of this issue,
he was very generous to grant my request for a field hearing in Wyoming
regarding the Martin's Cove Land Transfer Act. To say there has been a
great deal of interest in this legislation in my home State, both of
support and opposition, is an
[[Page H3569]]
understatement. Martin's Cove represents a part of Wyoming's heritage,
and a very tragic chapter in the history of the Church of Jesus Christ
of Latter-day Saints.
As anyone who has been involved in this issue is well aware, Martin's
Cove is an issue where emotions run unusually high. This bill has posed
a very difficult decision for myself in representing the people of
Wyoming. I have always believed in the concept of trading, swapping, or
selling Federal lands in my State, but only if the result makes good
sense for the people of Wyoming.
After a great deal of deliberation and fact finding, at the end of
the day it is my duty to represent the preponderance of opinions in the
state. I believe that the majority of my constituents do not support
this legislation over concerns of access and policy, and therefore I
cannot support this bill.
My vote against passage of Chairman Hansen's bill at the Resources
Committee mark-up was not a vote about the LDS Church, which I greatly
admire. Rather, it was a vote to maintain the status quo in the
management and maintenance at Martin's Cove for future generations to
visit. Management which has proven very successful and fruitful for the
site and to visitors of the site.
During committee consideration of the bill I felt it necessary to
amend the legislation with regards to several points, recognizing the
bill may become law. I was successful in amending the bill to secure
free and open access to the area for the public and require that the
proceeds of the sale are kept within the State of Wyoming to benefit
and educate the public on our historic trails in the form of the
National Historic Trails Center in Casper, Wyoming. Even with these
improvements to the bill, I must continue to oppose its passage because
the majority of my constituents oppose the bill. Many believe the bill
sets a bad precedent, and continue to question why the legislation is
necessary.
Madam Speaker, I'm a fervent advocate of the old adage: ``If it isn't
broken, why fix it?'' H.R. 4103 is a solution without a problem.
Mr. FALEOMAVAEGA. Madam Speaker, I rise in support of H.R. 4103, a
bill which would direct the Secretary of the Interior to transfer
certain lands in Natrona County, Wyoming to the Corporation of the
Presiding Bishop of the Church of Jesus Christ of Latter-day Saints.
At the request of Congresswoman Barbara Cubin, our Subcommittee on
National Parks and Public Lands held a field hearing in Casper, Wyoming
on May 4, 2002 to ensure that the residents of Wyoming were given an
opportunity to be heard on this matter. I attended this field hearing
and I believe it is fair to say that the majority of those in
attendance voiced their support for this initiative.
Although the media has tried to project otherwise, I believe the
record should also reflect that this is not a Utah initiative. The
people of Wyoming, mostly members of the Church of Jesus Christ of
Latter-day Saints, initiated this effort out of respect for the unique
events which figure prominently and singularly in the faith of the LDS
Church. It is my understanding that more than 6,000 residents of
Wyoming have signed a petition supporting this bill and members of the
Wyoming State Legislature have also expressed their support.
During the May 4 field hearing, Kit Kimball of the U.S. Department of
the Interior testified that the Department supports the goals of H.R.
4103. The Interior Department also made some constructive suggestions
on how to improve the provisions of the bill and these matters have
been seriously considered.
Madam Speaker, I am an original cosponsor of H.R. 4103 and I also
want the record to reflect that I am a member of the Church of Jesus
Christ of Latter-day Saints. As you may be aware, the leaders of the
LDS Church have expressed an interest to purchase Federal land known as
Martin's Cove because of a tragedy that took place some 146 years
ago. My understanding is that two handcart companies--the Willie and
Martin companies--were composed of almost a thousand members of the LDS
Church who immigrated from England and Holland. These people were not
familiar with the harsh winters of the Midwest and were attempting to
reach Salt Lake City, Utah by means of pulling specially made handcarts
across the plains because most were poor and could not afford to
purchase covered wagons and teams of oxen.
In October of 1856, these immigrants were caught in an early winter
storm without sufficient food and clothing. Despite heroic efforts by
LSD Church members and leaders who sent teams from Salt Lake City to
locate and assist the two companies, over 200 men, women and children
died as a result of freezing temperatures and starvation. Many of those
who perished near Martin's Cove were wrapped in blankets, placed in
piles, and covered in snow because the ground was so frozen graves
could not be dug.
History now marks this event as one of the most tragic of 19th
century westward expansion. From the perspective of any thoughtful
person, Martin's Cove is sacred ground, or a burial place of historical
and religious significance. Despite its recognized historical
significance, the Federal Government has done little to facilitate
public access to the site. It is my understanding that no access,
highway notification, or facilities were available to the public until
the LDS Church, in cooperation with the Sun family, purchased fee
simple lands adjoining Martin's Cove in 1996. Since 1996, the
investment, construction and operation of facilities necessary and
essential to accommodate the public on fee simple lands near Martin's
Cove has been provided by the LDS Church with trail development at the
Cove provided by the BLM with the assistance of volunteers from the
Church.
It is unfortunate that some in the media have purposely chosen to
malign the LDS Church because of its efforts to acquire Martin's Cove.
I take issue with those who consistently refer to Martin's Cove as a
National Historic Site. I believe those who continue to use this
terminology are either misinformed or intentionally desire to mislead
the public by suggesting that this bill would circumvent national
policy or set historical precedent if the LDS Church acquired this
land. The fact of the matter is there are only 118 National Historic
Sites in the United States of America and Martin's Cove is not one of
them. Martin's Cove is listed on the National Register of Historic
Places. In contrast to National Historic Sites, there are more than
74,000 places listed on the National Register of Historic Places. Time
and time again the Federal Government has conveyed lands listed on the
National Register of Historic Places to private entities. The LDS
Church is simply asking for fair and equitable consideration.
A question has also been raised about setting a precedent for
American Indians to purchase Federal lands for religious purposes. The
fact is Congress already has passed several pieces of legislation which
transferred Federal lands to certain Native American Indian tribes
because of the significant and religious significance of those lands to
the tribes. Congress has also previously authorized the sale of public
land to the Wesleyan church in 1985. A similar sale of Federal land to
the Catholic church was authorized in 1988. I might also add that
Federal dollars were used to establish the Holocaust Museum in
Washington, DC, and rightfully so. This museum is a beautiful memorial
to a people who have suffered cruelties beyond all comparison.
I submit, Madam Speaker, it is not unprecedented for the LDS Church
to seek to honor and give special recognition to those of its
membership who suffered and died at Martin's Cove. Martin's Cove holds
special meaning to the LDS Church and its members because of those who
lost their lives as they sought to escape religious persecution,
bigotry and intolerance.
Despite good-faith efforts by both the BLM and the LDS Church to
reach agreement on this matter through the transfer or exchange of
lands, these options have apparently not been possible under the
circumstances. We are now deliberating a third possible option, and
that is a fee simple purchase of this land. I believe it is only
appropriate that Congress support the sale of this land to the LDS
Church and I urge my colleagues to support this bill.
Mr. LANTOS. Madam Speaker, I rise today top express my strong support
for H.R. 4103, the Martin's Cove Land Transfer Act. This legislation
was introduced in this House by our distinguished colleague from Utah,
Mr. Hansen, the Chair of the Committee on Resources. I also want to
acknowledge the important role of our colleague from West Virginia, Mr.
Rahall, the Ranking Democratic Member of the Committee. I also thank my
colleague, Mr. Kildee of Michigan, who is managing time for the
minority today. As my colleagues have noted, Madam Speaker, the
legislation provides for the Church of Jesus Christ of Latter-day
Saints to acquire Federal lands in the state of Wyoming known as
Martin's Cove.
Generally, Madam Speaker, I have strongly supported the acquisition
of lands by the Federal Government in order to provide protection for
important natural areas. During the time I have served in this body, I
have introduced and supported a number of bills which have provided for
the addition of new lands to the Golden Gate National Recreation Area
in California and the acquisition of other lands for preservation and
protection by the Federal Government. In fact, I currently have before
the Committee on Resources H.R. 1953, legislation to revise the
boundaries of Golden Gate National Recreation Area in the San Francisco
Bay Area.
It may appear to be unusual that I am supporting H.R. 4103, which
provides for the sale of Federal lands. The land at Martin's Cove,
however, is unique. Clearly the transfer of this parcel of land from
the Federal Government to the Mormon Church makes good sense for all
concerned.
Madam Speaker, this site is a particularly important historical site
for Latter-day Saints. At or near Martin's Cove in 1856, some 150
[[Page H3570]]
emigrants of the Willies and Martin handcart companies lost their lives
in an early fall snowstorm. Those who perished were buried where they
died, and many were placed in common graves because of the tremendously
difficult and trying conditions.
Many members of these two handcart companies began their trek to Salt
Lake City in Europe, and others joined them in the eastern United
States. They sought a new life in the American West and the freedom to
practice their religion. This loss of life was one of the most tragic
events in the entire westward migration on the California, Oregon and
Mormon trails and mid-nineteenth century America.
It is obvious that this site holds a special significance for the
many descendants of those who survived this ordeal, many of whom are
Latter-day Saints. But it is also a holy place as well for other
members of the church who give special honors to their pioneer
heritage.
Madam Speaker, the church's interest in acquiring this site is
consistent with the Federal Government's interest in public access and
preservation of this important site. The church has an interest in
preserving this place as an authentic historic site. It has an interest
in maintaining relics and evidences of the Mormon, Oregon, California,
and Pony Express trails that pass through the area. The church also has
an interest in making the area accessible to visitors in a way that
will preserve the historic significance of the place. Furthermore, I
believe that the church's commitment to this site is likely to be much
greater than that of the Federal Government, and as a result the area
will be better preserved and better cared for under Latter-day Saint
stewardship than under Federal control.
Finally, Madam Speaker, I do not see this legislation for the
transfer of this particular piece of land to be establishing any
precedent for the sale or transfer of other Federal lands. Clearly this
is a unique situation. The Church of Jesus Christ of Latter-day Saints
has an interest that is very similar to the Federal interest to
preserve, protect and provide public access to the site. This land
transfer makes eminent sense, but it clearly does not change any
Federal policies or practices regarding the protection and preservation
of public lands.
Madam Speaker, I commend my colleague from Utah, Mr. Hansen, for
introducing this legislation, and I urge my colleagues to join me in
supporting it.
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