[House Report 111-229]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-229
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WACO MAMMOTH NATIONAL MONUMENT ESTABLISHMENT ACT OF 2009
_______
July 24, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1376]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1376) to authorize the Secretary of the Interior to
establish the Waco Mammoth National Monument in the State of
Texas, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waco Mammoth National Monument
Establishment Act of 2009''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Waco Mammoth Site area is located near the confluence
of the Brazos and the Bosque rivers in Central Texas, near the
City of Waco.
(2) Baylor University has been investigating the site since
1978 after the discovery of bones emerging from eroding creek
banks leading to the uncovering of portions of five mammoths.
(3) Several additional mammoth remains have been uncovered
making this the largest known concentration of mammoths dying
from the same event.
(4) The discoveries have received international attention.
(5) The University and the City of Waco have been working
together to protect the site and to develop further research
and educational opportunities.
SEC. 3. DEFINITIONS.
In this Act the following definitions apply:
(1) National monument.--The term ``national monument'' means
the Waco Mammoth National Monument, established in section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Map.--The term ``map'' means the map titled ``Proposed
Boundary Waco-Mammoth National Monument'', numbered T21/80,000,
and dated April, 2009.
SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS.
(a) Establishment.--There is established the Waco Mammoth National
Monument in the State of Texas, as a unit of the National Park System,
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.
SEC. 5. ADMINISTRATION OF NATIONAL MONUMENT.
(a) In General.--The Secretary shall administer the national monument
in accordance with this Act, the cooperative agreements described in
this section, and laws and regulations generally applicable to units of
the National Park System, including the National Park Service Organic
Act (39 Stat. 535, 16 U.S.C. 1).
(b) Cooperative Agreements.--The Secretary may enter into cooperative
agreements for the management of the national monument with Baylor
University and City of Waco, pursuant to the National Park Service
General Authorities Act (16 U.S.C. 1a-2(1)).
SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT.
(a) Acquisition of Property.--The Secretary is authorized to acquire
from willing sellers lands, or interests in lands, within the proposed
boundary of the national monument necessary for effective management.
(b) Conditions.--Lands identified in subsection (a) may be acquired--
(1) by donation, purchase with donated or appropriated funds,
transfer from another Federal agency, or by exchange; and
(2) in the case of lands owned by the State of Texas, or a
political subdivision thereof, or Baylor University only by
donation or exchange.
SEC. 7. CONSTRUCTION OF FACILITIES ON NONFEDERAL LANDS.
(a) In General.--The Secretary is authorized, subject to the
appropriation of necessary funds, to construct essential administrative
or visitor use facilities on non-Federal lands within the national
monument.
(b) Other Funding.--In addition to the use of Federal funds
authorized in subsection (a), the Secretary may use donated funds,
property, and services to carry out this section.
SEC. 8. GENERAL MANAGEMENT PLAN.
(a) In General.--Not later than three years after the date on which
funds are made available to carry out this Act, the Secretary, in
consultation with Baylor University and City of Waco, shall prepare a
management plan for the national monument.
(b) Inclusions.--The management plan shall include, at a minimum--
(1) measures for the preservation of the resources of the
national monument;
(2) requirements for the type and extent of development and
use of the national monument;
(3) identification of visitor carrying capacities for
national monument; and
(4) opportunities for involvement by Baylor University, the
City of Waco, the State of Texas, and other local and national
entities in the formulation of educational programs for the
national monument and for developing and supporting the
national monument.
PURPOSE OF THE BILL
The purpose of H.R. 1376 is to authorize the Secretary of
the Interior to establish the Waco Mammoth National Monument in
the State of Texas.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1376 would provide for the preservation and
interpretation of the burial site of many Pleistocene Columbian
mammoths near Waco, Texas. Since 1978, when the first bones
were found, the skeletons of 24 mammoths and one camel have
been uncovered in a wooded ravine between the Bosque and Brazos
Rivers. Researchers have concluded that the site contains the
remains of several herds of mammoths, ranging from three to 55
years of age, which appear to have died together in one or more
floods some 68,000 years ago.
Evidence at the site indicates that the region was used
over a long period by nursery herds of Pleistocene mammoths.
One herd of at least 19 of the animals died in a single event,
representing the largest known concentration of mammoths dying
from one event in North America and providing ``a unique
opportunity to understand and interpret the behavior and
ecology of an extinct species,'' according to the National Park
Service (NPS).
The site is unusual not only in the collection of
skeletons, many complete, but also because it has been
excavated by a single institution, Baylor University, since the
site was discovered. This means that the specimens and related
documentation are all maintained by that one institution. The
City of Waco and Baylor University own a total of slightly more
than 109 acres at the site, which has never been open to the
public. Baylor's Mayborn Museum exhibits original casts of the
fossil bones beneath a glass floor, giving the public a view of
how excavators found the bones at the site. The City is
constructing an 8,400-square-foot shelter to cover the
excavation area and in situ specimens. The development will
also include interpretive exhibits, an access road and parking
facilities, trails, visitor facilities, and enhanced security,
allowing public access to the site.
H.R. 1376 is based on a NPS study conducted pursuant to
Public Law 107-341, which directed the NPS to study the
significance, suitability, and feasibility of the site as a new
unit of the National Park System. The study, transmitted to
Congress in November 2008, found that a partnership led by the
National Park Service would most effectively and efficiently
ensure the long-term protection of the site and its
paleontological resources while providing for public enjoyment.
The bill provides that the 109-acre site be managed under a
cooperative agreement among the NPS, the City of Waco, and
Baylor University. The City has indicated its willingness to
convey to the NPS the 5-acre core site; the remaining land
would be managed primarily by the City as a park, with the
university's lands there being transferred to the City. The
university's Mayborn Museum Complex would house the
paleontological collection, and the NPS and the university
would share management of the collection. The bill gives the
NPS three years to develop a management plan for the national
monument that outlines how the resources of the site will be
protected, what type of development and site use are
anticipated, how many visitors the national monument will be
able to accommodate, and how the City, the university, and
other national and local groups may be involved in developing
educational programs and supporting the national monument.
COMMITTEE ACTION
H.R. 1376 was introduced on March 6, 2009, by
Representative Chet Edwards (D-TX). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
On April 23, 2009, the Subcommittee held a hearing on the bill.
Representatives of the Department of the Interior and the City
of Waco testified in favor of the legislation.
On July 9, 2009, the full Natural Resources Committee met
to consider the bill. The Subcommittee on National Parks,
Forests and Public Lands was discharged from further
consideration of the measure. Subcommittee Chairman Raul
Grijalva (D-AZ) offered an en bloc amendment to add map
references to the bill. The amendment was agreed to by voice
vote. Subcommittee Ranking Member Rob Bishop (R-UT) offered an
amendment to include lands owned by Baylor University in the
provision requiring that state and municipal lands be acquired
only by donation or exchange. The amendment was agreed to by
voice vote. Representative Bishop then offered an amendment
prohibiting buffer zones around the site. The amendment was not
agreed to by a roll call vote of 20 yeas and 22 nays, as
follows:
The bill, as amended, was then ordered favorably reported
to the House of Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to establish the Waco Mammoth National Monument in the
State of Texas.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 1376--Waco Mammoth National Monument Establishment Act of 2009
H.R. 1376 would establish the Waco Mammoth National
Monument in Texas. The cost to develop and manage the new
monument would be shared by the National Park Service (NPS) and
local partners, such as the city of Waco and Baylor University,
under cooperative agreements. The bill would authorize the NPS
to both acquire land for the monument and construct facilities
on nonfederal lands within the monument's boundaries. Finally,
the bill would require NPS to prepare a management plan for the
monument within three years of receiving funding for that
purpose.
Based on information provided by the NPS and assuming the
availability of appropriated funds, CBO estimates that
implementing H.R. 1376 would cost about $1 million over the
next three years and about $400,000 a year thereafter. The $1
million would be used to develop a management plan for the site
and construct exhibits and interpretive facilities. The
$400,000 would be needed (beginning in 2013) for the federal
share of annual operating costs.
For this estimate, CBO assumes that about 5 acres of land
owned by Waco or Baylor University would be donated to the NPS
within the next three years; the rest of the approximately 110-
acre site would remain in nonfederal ownership. We further
assume that other costs to develop visitor facilities within
the monument--an estimated $8 million--would be borne by the
city or other nonfederal participants. If, alternatively, the
NPS needs to acquire more land for the monument or bear more of
the costs of financing new facilities, federal costs would be
higher than $1 million (assuming appropriation of the necessary
amounts).
H.R. 1376 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 1376 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.