[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[House]
[Pages 10494-10497]
[From the U.S. 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, 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

[[Page 10495]]

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.
  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 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

[[Page 10496]]

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 
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

[[Page 10497]]

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.

                          ____________________