[Senate Hearing 108-69]
[From the U.S. Government Publishing Office]
S. Hrg. 108-69
BUFFALO SOLDIERS; PROTECTION OF PALEONTOLOGICAL RESOURCES; HIBBEN
CENTER; BOUNDARIES AT GUNNISON; KRIS EGGLE CENTER; LEWIS AND CLARK
CENTER; AND CARTER G. WOODSON HOME
=======================================================================
HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
on
S. 499 S. 1060
S. 546 H.R. 255
S. 643 H.R. 1012
S. 677 H.R. 1577
__________
JUNE 10, 2003
Printed for the use of the
Committee on Energy and Natural Resources
______
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WASHINGTON : 2003
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
PETE V. DOMENICI, New Mexico, Chairman
DON NICKLES, Oklahoma JEFF BINGAMAN, New Mexico
LARRY E. CRAIG, Idaho DANIEL K. AKAKA, Hawaii
BEN NIGHTHORSE CAMPBELL, Colorado BYRON L. DORGAN, North Dakota
CRAIG THOMAS, Wyoming BOB GRAHAM, Florida
LAMAR ALEXANDER, Tennessee RON WYDEN, Oregon
LISA MURKOWSKI, Alaska TIM JOHNSON, South Dakota
JAMES M. TALENT, Missouri MARY L. LANDRIEU, Louisiana
CONRAD BURNS, Montana EVAN BAYH, Indiana
GORDON SMITH, Oregon DIANNE FEINSTEIN, California
JIM BUNNING, Kentucky CHARLES E. SCHUMER, New York
JON KYL, Arizona MARIA CANTWELL, Washington
Alex Flint, Staff Director
James P. Beirne, Chief Counsel
Robert M. Simon, Democratic Staff Director
Sam E. Fowler, Democratic Chief Counsel
------
Subcommittee on National Parks
CRAIG THOMAS, Wyoming, Chairman
DON NICKLES, Oklahoma, Vice Chairman
BEN NIGHTHORSE CAMPBELL, Colorado DANIEL K. AKAKA, Hawaii
LAMAR ALEXANDER. Tennessee BYRON L. DORGAN, North Dakota
CONRAD BURNS, Montana BOB GRAHAM, Florida
GORDON SMITH, Oregon MARY L. LANDRIEU, Louisiana
JON KYL, Arizona EVAN BAYH, Indiana
CHARLES E. SCHUMER, New York
Pete V. Domenici and Jeff Bingaman are Ex Officio Members of the
Subcommittee
Thomas Lillie, Professional Staff Member
David Brooks, Democratic Senior Council
C O N T E N T S
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STATEMENTS
Page
Akaka, Hon. Daniel K., U.S. Senator from Hawaii.................. 6
Bereuter, Hon. Doug, U.S. Representative from Nebraska........... 29
Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado........ 7
Estill, Elizabeth, Deputy Chief, Programs, Legislation and
Communication, Forest Service, Department of Agriculture....... 21
Hagel, Hon. Chuck, U.S. Senator from Nebraska.................... 2
Hoekstra, Hon. Pete, U.S. Representative from Michigan........... 29
Kearney, Christopher, Deputy Assistant Secretary for Policy,
Management and Budget, Department of the Interior.............. 17
Kyl, Hon. Jon, U.S. Senator from Arizona......................... 2
Levin, Hon. Carl, U.S. Senator from Michigan..................... 27
McCain, Hon. John, U.S. Senator from Arizona..................... 2
Norton, Hon. Eleanor Holmes, Delegate from the District of
Columbia....................................................... 3
Ross, D. Thomas, Assistant Director, Recreation and Conservation,
National Park Service, Department of the Interior, accompanied
by Jesse Juen.................................................. 8
Tancredo, Hon. Thomas G., U.S. Representative from Colorado...... 30
Thomas, Hon. Craig, U.S. Senator from Wyoming.................... 1
APPENDIX
Additional material submitted for the record..................... 29
BUFFALO SOLDIERS; PROTECTION OF PALEONTOLOGICAL RESOURCES; HIBBEN
CENTER; BOUNDARIES AT GUNNISON; KRIS EGGLE CENTER; LEWIS AND CLARK
CENTER; AND CARTER G. WOODSON HOME
----------
TUESDAY, JUNE 10, 2003
U.S. Senate,
Subcommittee on National Parks,
Committee on Energy and Natural Resources,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:35 p.m. in
room SD-366, Dirksen Senate Office Building, Hon. Craig Thomas
presiding.
OPENING STATEMENT OF HON. CRAIG THOMAS,
U.S. SENATOR FROM WYOMING
Senator Thomas. The committee will come to order. Sorry I
am a little late. We are glad you are here, and welcome
representatives from the Departments of the Interior and
Agriculture for today's National Parks Subcommittee hearing.
Our purpose is to hear testimony regarding five Senate bills
and three bills from the House, S. 499, a bill to authorize the
American Battle Monuments Commission to establish in the State
of Louisiana a memorial to honor the Buffalo Soldiers; S. 546,
a bill to provide for the protection of resources on Federal
lands; S. 643, a bill to authorize the Secretary of the
Interior with the University of New Mexico to construct and
occupy the Hibben Center for Archaeological Research; S. 677, a
bill to revise the boundary of Black Canyon of the Gunnison
Park in Colorado; S. 1060 and H.R. 1577, to designate a
Visitors' Center at Oregon Pipe Cactus Monument in Arizona as
Kris Eggle Visitor Center; H.R. 255, a bill to authorize the
Secretary of the Interior to grant an easement to facilitate
access to the Lewis and Clark Interpretive Center in Nebraska;
and finally H.R. 1012, a bill to establish the Carter Woodson
Home National Historic Site in the District of Columbia.
I thank all the witnesses today from the agencies, and we
are especially happy to have Representative Norton with us, if
you would care to proceed, Representative.
[A prepared statement from Senators Hagel, Kyl, and McCain
follow:]
Prepared Statement of Hon. Chuck Hagel, U.S. Senator From Nebraska
Mr. Chairman, thank you for including H.R. 255 in today's hearing
on national parks. I support H.R. 255, a House-passed resolution
authorizing the Secretary of the Interior to grant an easement (to Otoe
County, Nebraska) that will allow the county to build an access road to
the Missouri River Basin Lewis and Clark Interpretive Trails and
Visitors Center. The Visitors Center is now under construction at a
site adjacent to Nebraska City, Nebraska. I offer this statement in
support of this legislation.
This legislation was originally introduced by my Nebraska House
colleague, The Honorable Doug Bereuter during the 107th Congress, and
was passed by the House on May 14, 2003.
H.R. 255 will allow Otoe County to build an access road from State
Highway Route 2 to the Lewis and Clark Interpretive Center. In May, I
wrote a letter to the Subcommittee Chairman, Mr. Thomas, urging an
expedited hearing process for this bill, as Congress had already
authorized the construction of the Visitors Center in Nebraska City.
To begin construction of the road, the Secretary of the Interior
must grant an easement to the county. The cost of constructing and
maintaining the road will be paid for with funds available to Otoe
County, Nebraska. The National Park Service has informed Otoe County
that it lacks the requisite authority to cede a road right-of-way. H.R.
255 grants this authority.
Over the next several years, millions of Americans are expected to
travel across the country to sites along the Lewis and Clark trail,
including the sites in Nebraska. The Nebraska City Lewis and Clark
Interpretive Center will fill an important role during this
bicentennial commemoration. It focuses on the flora and fauna that the
explorers encountered during their travels.
The Center in Nebraska City is scheduled to be completed in early
2004 with the grand opening set for July 30, 2004. The opening will
coincide with the Lewis and Clark signature event in Nebraska at
historic Fort Atkinson, the site of the famous ``Council Bluff'' in
Nebraska where Lewis and Clark had their first council with Native
American leaders.
H.R. 255 will play a very vital role in permitting access to the
new Lewis and Clark Interpretive Center. I am pleased to support this
legislation and ask my colleagues on the Senate Energy Committee to
support this effort as well.
Thank you.
______
Prepared Statement of Hon. Jon Kyl, U.S. Senator From Arizona
Thank you, Chairman Thomas, for allowing me to say a word in
support of S. 1060, legislation to rename the visitors' center at Organ
Pipe Cactus National Monument in Arizona after Kris Eggle, a 28-year-
old National Park Service ranger who was killed in the line of duty on
August 9, 2002. Kris was killed while pursuing an illegal drug smuggler
from Mexico attempting to cross U.S. park lands.
Kris was an outstanding young man from Cadillac, Michigan who was
an Eagle Scout, National Honor Society student, and valedictorian of
his 1991 graduating class at Cadillac High School.
In his employment with the National Park Service, Kris was elected
president of his class at the Federal Law Enforcement Training Center.
He completed his work there at the top of his class, and was awarded
the National Park Service Director's Award for outstanding achievement.
Designating the visitors' center at Organ Pipe Cactus National
Monument, Arizona, as the Kris Eggle Visitors' Center would be a
fitting tribute to a dedicated public servant, and it would promote
awareness of the great risks taken each day by the law-enforcement
officers who patrol our public lands.
______
Prepared Statement of Hon. John McCain, U.S. Senator From Arizona
Mr. Chairman and members of the Subcommittee, thank you for
scheduling today's hearing to consider S. 1060, legislation to rename
the visitors' center at Organ Pipe Cactus National Monument in Arizona
after the brave law enforcement ranger who tragically lost his life in
the line of duty, Kris Eggle.
Kris Eggle was born and raised in Michigan where he grew up with
honors in sports and academics. As a former Eagle Scout and athlete, he
loved the outdoors and dedicated his life to public service as a
National Park Service ranger. He served at the Sleeping Bear Dunes
National Lakeshore and Organ Pipe Cactus National Monument where he was
stationed in 2000. He was proud of his work, despite the dangers of his
job, because he believed he was making a difference. Last August, at
the young age of 28, Kris was brutally murdered while pursuing an
illegal drug smuggler from Mexico attempting to cross U.S. park lands.
The legislation I am sponsoring, along with Senators Stabenow and
Levin, is a modest but important bill to recognize and commemorate not
only the life of the brave officer, Kris Eggle, but also to utilize the
visitors' center at the Park to develop an educational exhibit for park
visitors to raise awareness about the risk and dedication of all public
land management law enforcement officers.
Working at a National Monument, National Park or Fish and Wildlife
Refuge would not normally be considered a dangerous position; however,
along the nation's borders in Arizona, public land officers often wear
camouflage, carry assault rifles and chase drug smugglers as their
position also involves the responsibility of serving in the front-line
of war on drugs and illegal immigration. Organ Pipe Cactus National
Monument, while renowned for its spectacular views of organ pipe cactus
and desert terrain, is also among the most dangerous public parks along
the border.
I have visited the Arizona border many times, but during a recent
trip, I was struck by the statement of a Fish and Wildlife officer
working at the Buenos Aires National Wildlife Refuge who stated the
problems of controlling the border very simply and emphatically, he
said ``we do not have control of our border.'' We are in a crisis
situation and more than words are necessary to ensure that other lives
are not sacrificed.
The family of Kris Eggle should realize that his work to protect
the park and the U.S. border will not go unrecognized and will be a
constant reminder of the nation's fundamental duty to homeland
security. We ask an enormous responsibility and commitment from these
young men and women, and we should answer that call with the highest
protection and honor.
S. 1060 is companion legislation to a bill that recently passed the
House of Representatives, H.R. 1577, as sponsored by Representative
Tancredo. Considering that the substance of the two bills is nearly
identical, except for a few minor technical changes that are reflected
in the House-passed bill, I am requesting that this subcommittee
consider approving H.R. 1577 in order to move the legislation
expeditiously.
I am thankful to young people like Kris Eggle whom are committed to
a public duty higher than their own self-interests, and I hope this
Committee will move this legislation quickly so that all Americans can
also leans his story and appreciate the commitment of these noble men
and women.
STATEMENT OF HON. ELEANOR HOLMES NORTON,
DELEGATE FROM THE DISTRICT OF COLUMBIA
Ms. Norton. Thank you very much, Mr. Chairman, members of
the committee. Mr. Chairman, may I first say how much I
appreciate your moving so expeditiously on this bill after the
House passed it last month. The bill would allow the National
Park Service to take the home of a great American historian,
Carter G. Woodson, and convert it into a site so that Americans
could see his home.
Carter G. Woodson was a remarkable man, the second African
American to receive a Ph.D from Harvard University, and when
you consider that he was born in 1875, you perhaps get some
sense of what an outstanding scholar he was. His home is
located in the historic Shaw area. Dr. Woodson not only
discovered, as it were, African American history as a serious
scholarly pursuit, he published his own works. It was a time in
our country where few publishers would publish serious works of
black history, and so he became, in addition to a historian of
great repute, an entrepreneur who published his own books and
journals and successfully marketed them.
There is not a member of the House and the Senate who does
not commemorate Black History Month in some way or the other.
Black History Month stems from Negro History Week, which was
started by Dr. Woodson as a way to encourage people to learn
about black history and to study it. He invented American
historiography, Black American historiography, and it became a
serious subject under his leadership.
Mr. Chairman, I am only going to summarize my testimony and
ask that my full testimony be put in the record.
Senator Thomas. It will be included.
Ms. Norton. The National Park Service would administer this
site the way it administers, for example, the Frederick
Douglass Home. I am very pleased that this bill has already
stimulated the rehabilitation of the entire block on which it
is located in historic Shaw. The rest of the block is mostly
owned by a historic church in our town, Shiloh Baptist Church.
They are going to take the other townhouses and create senior
independent living housing and keep the historic facade of the
rowhouses just as the Carter G. Woodson House is kept.
The house is already an architectural landmark. In 1976 it
was declared a national historic landmark. It was built in
1890. It is a three-story Victorian. Dr. Woodson himself was a
remarkably brilliant and versatile American, and spent his
entire life uncovering African American history and then
created an organization, the Association for the Study of
African American Life and History, which itself will be located
in the house, the house in which he did his work, and so the
house will be a lived-in home of black history, and I assure
you, a place where many of the 20 million people who come to
the District of Columbia will want to visit.
We make a mockery of Black History Month by celebrating it
every year when the home of Dr. Woodson is boarded up and in a
shambles. Dr. Woodson was the son of former slaves, had no
formal education in his native Canton, Virginia until he was 20
years old, when he moved to West Virginia, went to Berea
College, then got his bachelor's and master's at the University
of Chicago, and then went on to Harvard.
At the time that he wrote and did his work, there were
widespread ignorance and overt and commonly demeaning racial
stereotypes about African Americans, so he set out to do
something about it, using his discipline and his training, and
what, in effect, he did was to bring history to bear, where
prejudice and racism had held sway, and ultimately, this kind
of work cleared the way for civil rights legislation that was
to pass decades later.
The depth and breadth of Dr. Woodson's work is hard to
overstate. He trained the researchers in this home. He
organized the budget. He did the fundraising, and he did the
scholarly work all in this home which is now crumbling,
termites have invaded it, water seeps in, it is a fire hazard
to the surrounding buildings. I believe that the passage of the
Carter G. Woodson Home National Historic Site Establishment Act
of 2003--the long name it has been given--would not only honor
a great American scholar, it would continue to do what Dr.
Woodson himself did, which was to help Americans discover and
appreciate their own history.
Thank you again, Mr. Chairman, for your work, for the
adroit work of your staff, for the personal attention you have
paid to this bill.
[The prepared statement of Ms. Holmes Norton follows:]
Prepared Statement of Hon. Eleanor Holmes Norton,
Delegate From the District of Columbia
Mr. Chairman, I very much appreciate your initiative in so quickly
scheduling a hearing on H.R. 1012 to establish the Carter G. Woodson
National Historic Site consisting of the home of the great American
historian who almost single-handedly created the study of African-
American history as a serious discipline and initiated the appreciation
of Black history now known as Black History Month. Dr. Woodson, only
the second black Harvard Ph.D in our country did his groundbreaking
scholarship and created and directed the Association for the Study of
African-American Life and History (ASALH) from his home in the historic
Shaw area of the District of Columbia that is the subject of this
hearing. Remarkably, at a time when most publishers would not publish
works of serious scholarship concerning black history, Dr. Woodson
became an entrepreneur as well as a scholar, published his own books
and journals, and successfully marketed them.
Mr. Chairman, I dare say, there is not a Member of the House or
Senate who does not commemorate in some way Black History Month
annually in her state or his district. Yet, the home from which Dr.
Woodson did his outstanding work here stands boarded up, as if to mock
these celebrations. The Woodson home is a historic site because of the
work that was done there and the influence of Dr. Woodson on American
history and historiography and because his work helped bring changes in
American attitudes concerning black people and ultimately changes in
the legal status of African-Americans in our country.
Congress passed my previous bill, H.R. 3201, the Carter G. Woodson
Home National Historic Site Study Act, in 2000, to begin the process of
making the property at 1538 Ninth Street, NW a national historic site
within the jurisdiction of the National Park Service. The NPS study, as
mandated by the legislation, is required before the NPS can take
control of a property. The study determined that the Woodson Home is
suitable and feasible for designation as a unit of the park system
following the transfer of title from its current owner, the Association
for the Study of African-American Life and History.
The bill before the Senate, H.R. 1012, was passed by the House on
May 14. It would authorize the NPS to ``preserve, protect and interpret
for the benefit, education and inspiration of present and future
generations'' the home where Woodson lived from 1915 to 1950. This
legislation also authorizes the NPS to rehabilitate adjacent properties
on either side of the home to facilitate tourism. ASALH, which Woodson
founded, also would be housed on the site, as it was originally.
I am particularly pleased that rehabilitation of the entire block
has been stimulated by this legislation to rehabilitate the Woodson
home. The NPS would work with Shiloh Community Development Corporation,
established by Shiloh Baptist Church, which owns almost all of the
property on the block of the Woodson home. The Shiloh Corporation
intends to convert the block of homes to senior independent living
housing, maintaining the historic facade of the row houses.
The significance of Dr. Woodson's home was recognized in 1976, when
it was designated as a National Historic Landmark. With the bill before
you, an architectural landmark would be saved and preserved and the
nation's pride and purpose in celebrating Black History Month would no
longer be marred by neglect of the home of the founder of the
commemoration and of the study of black history itself.
Dr. Woodson himself was a remarkably brilliant, versatile American.
He is recognized in his profession as a distinguished historian who
established African-American history as a discipline and spent a
lifetime uncovering the contributions of African-Americans to our
nation's history. He founded and performed his work through the
Association for the Study of Negro Life and History (ASNLH), which has
since been renamed the Association for the Study of African-American
Life and History. Among its enduring accomplishments, ASNLH, under Dr.
Woodson's leadership, instituted Negro History Week in 1926, to be
observed in February during the week of the birthdays of Abraham
Lincoln and Frederick Douglass. Today, of course, Negro History Week,
which was mostly celebrated in segregated schools, like my own here in
the District when I was a child, and in Historically Black Colleges and
Universities, has gained support and participation throughout the
country among people of all backgrounds as Black History Month.
The son of former slaves, Woodson's personal educational
achievements were extraordinary in themselves, especially for a man who
was denied access to public education in Canton, Virginia, where
Woodson was born in 1875. As a result, Dr. Woodson did not begin his
formal education until he was 20 years old after he moved to
Huntington, West Virginia, where he received his high school diploma
two years later. He then entered Berea College in Kentucky, where he
received his bachelor's degree in 1897. Woodson continued his education
at the University of Chicago, where he earned his A.B. and M.A.
degrees, and then got his Ph.D from Harvard University.
During much of Dr. Woodson's life, there was widespread ignorance
and very little information concerning African-American life and
history. With his extensive studies, Woodson almost single-handedly
established African-American historiography.
Dr. Woodson's research literally uncovered black history and helped
to educate the American public about the contributions of African-
Americans to the nation's history and culture. Through painstaking
scholarship and historical research, his work helped reduce the
stereotypes captured in pervasively negative portrayals of black people
that have marred our history as a nation. To remedy these stereotypes,
Dr. Woodson in 1915, founded ASNLH. Through ASNLH, Dr. Woodson
dedicated his life to educating the American public about the
contributions of black Americans to the nation's history and culture.
His work in bringing history to bear where prejudice and racism had
held sway played an important role in reducing prejudice and making the
need for civil rights remedies clear.
To assure publication, under Dr. Woodson's leadership, ASNLH in
1920 also founded the Associated Publishers, Inc. for the publication
of research on African-American history. Dr. Woodson published his
seminal work, The Negro in Our History (1922), and many others under
Associated Publishers, and the publishing company provided an outlet
for scholarly works by numerous other black scholars. ASNLH also
circulated two periodicals: the Negro History Bulletin, designed for
mass consumption, and the Journal of Negro History, which was primarily
directed to the academic community.
Out of his Ninth Street home, Dr. Woodson trained researchers and
staff and managed the organization's budget and fundraising efforts
while at the same time pursuing his own extraordinary discoveries in
African-American history. The three-story Victorian style house, built
in 1890, served as the headquarters of ASNLH into the early 70's, well
after Dr. Woodson's death in 1950. However, it has been unoccupied
since the early 80's, and today, it stands boarded up and badly in need
of renovation. The walls inside the house are crumbling, there is
termite infestation, water seeps through the roof during heavy
rainstorms, and the house also constitutes a fire hazard jeopardizing
adjacent buildings. This house is a priceless American treasure that
must not be lost.
Passage of the Carter G. Woodson Home National Historic Site
Establishment Act of 2003 would not only honor a great American
scholar. It would continue Dr. Woodson's seminal work of helping
Americans to discover and appreciate their own history. Again, I
appreciate your work, Mr. Chairman, in moving the bill toward that
destination.
Senator Thomas. Thank you very much. We appreciate your
being here. Would you like an opening statement, Senator? If we
have no questions, either of you, thank you very much, then,
Representative Norton. We appreciate you coming.
Ms. Norton. Thank you, Mr. Chairman.
STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR
FROM HAWAII
Senator Akaka. Mr. Chairman, thank you for scheduling this
hearing. This afternoon's agenda includes several bills
affecting specific areas throughout the Nation. Some of these
bills are from the last Congress, and for the most part, I feel
they are noncontroversial. I hope we will be able to move them
quickly through the committee and the Senate.
I would like to take a moment to address one of the bills,
and that was a bill left over from last year. It is S. 546, the
Paleontological Resources Preservation Act. I introduced this
bill earlier this year along with my colleagues, Senators
Wyden, Campbell, and Feinstein on the committee. There
currently are eight cosponsors. This bill is identical to
legislation the committee considered last Congress. That bill
was reported unanimously out of committee and passed the Senate
by unanimous consent as part of a larger package of public land
bills.
Mr. Chairman, I introduced this bill to establish a
national policy for managing and protecting fossil resources on
Federal lands. The bill will help ensure a more consistent
Federal policy instead of the patchwork of statutes and
regulations that currently apply. S. 546 incorporates the
recommendations of the Department of the Interior, the Forest
Service, and the Smithsonian Institution in a report they
issued 3 years ago assessing fossil management on Federal
lands.
While the intent of this bill is to provide a standardized
Federal policy, it does not impose new restrictions on casual
collecting on fossil resources. In fact, the bill specifically
authorizes the land management agencies to allow casual
collecting of common invertebrate and plant fossils without the
need for a permit if it is consistent with applicable land
management laws.
During the committee mark-up process last Congress, we made
several changes in response to concerns and suggestions made by
the affected agencies and the public. While I believe we have
addressed the primary issues, I would be pleased to work with
members of the committee to clarify any other issues that may
arise.
Mr. Chairman, I ask unanimous consent to include several
statements supporting the bill in the hearing record, including
letters from the Society of Vertebrate Paleontology, the
American Association of Museums, the Western Interior
Paleontological Society, and Dry Dredgers, Incorporated, a
group of amateur fossil collectors.
Thank you very much, Mr. Chairman.
Senator Thomas. Thank you very much.
Senator Campbell.
STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL,
U.S. SENATOR FROM COLORADO
Senator Campbell. Thank you, Mr. Chairman. Thank you for
holding this hearing and letting me speak to my bill, S. 677,
that has somewhat of a long name, the Black Canyon of the
Gunnison National Park and Gunnison Gorge National Conservation
Area Boundary Revision Act of 2003.
Senator Thomas. Ooh.
[Laughter.]
Senator Campbell. This bill continues on a bill that I
started years ago, about 16 or 17 years ago, in fact, more than
that, 18 years ago on the House side, and I worked 15 years to
have it passed, which basically upgraded the Black Canyon of
the Gunnison National Monument to national park status, and I
appreciate your help in those years we worked on it together,
and I am pleased that this bill that we are discussing here
today expands the park and national conservation area, but I am
particularly happy about the methods which are being proposed
to allow the expansion to be done in a manner that certainly
benefits the local landowners.
This bill seeks to protect the critical view sheds and
resources by working cooperatively with three local ranch
families who have been good stewards of their land for years.
Unfortunately, they have recently hit hard financial times,
like many ranchers have Nationwide, Mr. Chairman, and have been
considering selling off their parcels. However, to their credit
and thinking forward, they put preserving the integrity of the
park over subdividing the land and building condominiums. They
have agreed not to sell outright, but instead to look forward
to some rather innovative alternatives, thus requiring today's
bill.
In short, the three landowners in question entered into
either equal-value land swaps or they agreed to conservation
easements across their land. Their livelihoods are preserved
within this legislation as well, since the legislation requires
the grazing rights be retained throughout their lifetimes. As
many of my colleagues know, nothing gets a Westerner's back up
more than the question of water rights, so if they suspect
water rights could be in jeopardy, it starts an immediate fight
out West, as you know in your State, Mr. Chairman. That is why
the language has been written into the bill to ensure the
Bureau of Reclamation retains jurisdiction and access to water
delivery facilities.
My previous legislation did not intend to affect the Bureau
of Reclamation jurisdiction in any way, and neither does this
boundary modification today. The Black Canyon of the Gunnison
Gorge is a national treasure. The park's combination of
geological wonders and diverse wildlife make it one of the most
unique natural areas in North America, so I certainly
appreciate your doing the hearing and I look forward to the
passage of this bill.
Thank you, Mr. Chairman.
Senator Thomas. Okay. Thank you, Senator.
All right, we are ready now for panel 1, please. We have
Thomas Ross, Assistant Director, Recreation and Conservation,
National Park Service; Christopher Kearney, Deputy Assistant
Secretary, Policy, Management and Budget, Department of the
Interior; and Elizabeth Estill, Deputy Chief, Programs,
Legislation and Communication, U.S. Forest Service, Department
of Agriculture.
Okay, Mr. Ross, would you like to begin, sir?
STATEMENT OF D. THOMAS ROSS, ASSISTANT DIRECTOR, RECREATION AND
CONSERVATION, NATIONAL PARK SERVICE, DEPARTMENT OF THE
INTERIOR; ACCOMPANIED BY JESSE JUEN
Mr. Ross. Yes, sir. Mr. Chairman, thank you for the
opportunity to present the Department of the Interior's views
on a number of bills, starting with S. 499. The Department
supports efforts to honor the Buffalo Soldiers. However, in
order to meet the President's initiative to eliminate the
deferred maintenance backlog, we must continue to focus our
resources on caring for existing areas in the National Park
System. As such, we cannot support the provision in S. 499 that
could transfer the memorial to the National Park Service one
year after the establishment. The Department believes it would
be more appropriate for a memorial or monument commemorating
the Buffalo Soldiers to be operated and maintained by the State
of Louisiana, the city of New Orleans, or a suitable nonprofit
corporation.
Because of these concerns and others raised by the American
Battle Monuments Commission, the administration recommends that
Senate 499 not be enacted. We have no objection to the building
of a memorial to the Buffalo Soldiers in New Orleans provided
that an appropriate method of non-Federal financing and
constructing of such a memorial is identified, and that it
would be financed, operated and maintained by the State of
Louisiana, the city of New Orleans, or a suitable nonprofit
corporation.
My next testimony, Mr. Chairman, is on S. 643, a bill to
authorize the Secretary of the Interior, in cooperation with
the University of New Mexico, to construct and occupy a portion
of the Hibben Center for Archaeological Research at the
University of New Mexico. The Department of the Interior
supports S. 643 as the completion of the Hibben Center would be
the final step in carrying out the Federal Government's
responsibility for the protection of the archaeological
resources that were collected during the Chaco Project in the
1970's. Although there are significant costs associated with
this legislation, the bill directly supports a key park mission
by authorizing a better curatorial facility for park resources.
This is consistent with protecting natural and cultural
resources within the National Park System. This project will
also involve partnership between two national parks, Chaco
Culture National Historic Park, and Aztec Ruins National
Monument.
The next testimony, Mr. Chairman, is on S. 677, a bill to
revise the boundary of the Black Canyon of the Gunnison
National Park and Gunnison Gorge National Conservation Area in
the State of Colorado and for other purposes. The Department of
the Interior supports S. 677 with minor amendments to the
legislation. The bill authorizes additions to both Black Canyon
of the Gunnison National Park through three separate easement
or exchange transactions in Gunnison Gorge National
Conservation Area, NCA. We believe that the bill as introduced
has a couple of confusing and unneeded sections, and we have
identified that language in our testimony.
The next testimony, Mr. Chairman, is on S. 1060 and H.R.
1577 to designate the visitors' center at the Organ Pipe Cactus
National Monument in Arizona as the Kris Eggle Visitor Center.
The Department supports the legislation and appreciates the
recognition by members of Congress for the work of all National
Park Service employees, especially those involved in law
enforcement.
Both bills call for the visitors' center at Organ Pipe
Cactus National Monument to be named for Kris Eggle. Kris was
an outstanding young man, a dedicated NPS law enforcement
officer who died in the line of duty nearly a year ago while
assisting in the arrest and capture of drug smugglers crossing
into the United States from Mexico.
My next testimony, Mr. Chairman, is on H.R. 255 to
authorize the Secretary of the Interior to grant an easement to
facilitate access to the Lewis and Clark Interpretive Center.
The Department supports H.R. 255 as passed by the House. This
bill would grant an easement by the National Park Service to
Otoe County, Nebraska, for the construction and maintenance of
an access road from State and county roads to the Lewis and
Clark Interpretive Trails and Visitors' Center in Nebraska
City, Nebraska. The design, construction, and maintenance of
this access road is to be done at no expense to the Federal
Government.
Finally, Mr. Chairman, my testimony will conclude with H.R.
1012, a bill to establish the Carter G. Woodson Home National
Historic Site in the District of Columbia. The Department
recognizes the appropriateness of establishing the Carter G.
Woodson Home as a unit of the National Park System. The site
was found to be nationally significant, as well as suitable and
feasible for addition to the system, in a study conducted by
the National Park Service and sent to Congress earlier this
year. However, we recommend that the committee defer action on
H.R. 1012 during the 108th Congress.
The administration is continuing to place a priority on
reducing the National Park System's deferred maintenance
backlog, and wants to ensure that funding is not diverted to
pay for the cost of a new unit of the National Park System,
which would include acquiring and rehabilitating property along
with operating and maintaining the site.
Mr. Chairman, that completes my testimony. I would be
pleased to answer any questions you or the members of the
committee may have.
[The prepared statements of Mr. Ross follow:]
Prepared Statement of D. Thomas Ross, Assistant Director, Recreation
and Conservation, National Park Service, Department of the Interior
S. 499
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 499. This bill would authorize
the American Battle Monuments Commission to establish a memorial in the
State of Louisiana to honor the Buffalo Soldiers.
The Department supports efforts to honor the Buffalo Soldiers.
However, in order to meet the President's Initiative to eliminate the
deferred maintenance backlog, we must continue to focus our resources
on caring for existing areas in the National Park System. As such, we
cannot support the provision in S. 499 that could transfer the memorial
to the National Park Service one year after establishment. The
Department believes that it would be more appropriate for a memorial or
monument commemorating the Buffalo Soldiers to be operated and
maintained by the State of Louisiana, the City of New Orleans, or a
suitable nonprofit corporation. Because of these concerns, and others
raised by the American Battle Monuments Commission, the Administration
recommends that S. 499 not be enacted.
S. 499 authorizes the American Battle Monuments Commission to
establish a memorial to honor the Buffalo Soldiers on federal land in
the city of New Orleans, Louisiana or its environs, or on land donated
by the city or the State. The bill would require the Commission to
solicit and accept contributions sufficient for the construction and
maintenance of the memorial and would establish a fund in the U.S.
Treasury for depositing and disbursing these contributions. One year
after the establishment of the memorial, the Commission is authorized
to transfer any remaining amounts in the fund and title to and
responsibility for future operation and maintenance of the memorial to,
at the option of the Commission, the National Park Service or another
appropriate governmental agency or other entity.
Following the Civil War, Congress passed legislation to increase
the size of the Regular Army. On July 28, 1866, Congress raised the
number of cavalry regiments from six to ten and the number of infantry
regiments from nineteen to forty-five. The legislation stipulated that
two of the new cavalry regiments and four of the new infantry regiments
were to be composed of black men.
In compliance with the new law, the Ninth and Tenth Cavalry
Regiments and the Thirty-eighth, Thirty-ninth, Fortieth, and Forty-
first U. S. Infantry Regiments were organized. Three years later, when
the army reduced the number of infantry regiments, these four new
regiments were combined into the Twenty-fourth and Twenty-fifth U.S.
Infantry.
These regiments were composed of white officers with black enlisted
men and were reportedly nicknamed Buffalo Soldiers by the American
Indians. Soldiers comprising the black regiments came from the former
United States Colored Troops that served in the Civil War, the New
Orleans area, the fringes of the southern states, or large northern
cities. They were former slaves as well as freedmen.
Almost immediately after their establishment, units from these
regiments were stationed throughout the West. In the countless battles
and skirmishes that marked the frontier Indian Wars, the Buffalo
Soldiers played a significant role. Commanded by white officers, who at
times resented their duty with the black regiments, the Buffalo
Soldiers endured and overcame tremendous social and environmental
obstacles. They faced discrimination and sometimes received inferior
supplies and equipment.
The men in these regiments often found themselves in the forefront
of action. For more than twenty-five years they not only engaged in
battles with American Indians, but they built forts and escorted wagon
trains, mail stages and railroad crews. Mapping and charting areas and
locating sources of water, they were responsible for opening millions
of square miles of western lands to peaceful settlement and
development.
Until recent times, the Buffalo Soldiers received little
recognition for their years of service on the frontier. The record of
meritorious service and notable accomplishments amassed by the Buffalo
Soldier regiments remain a symbol of hope and pride for all Americans.
Their achievements serve as a reminder of the contributions they made
to American life and culture and are the subject of a memorial at Fort
Leavenworth. We support the concept of honoring the excellent service
to the nation of the Buffalo Soldiers through the existing Fort
Leavenworth memorial and believe further effort to educate the public
on their sacrifices is a worthy goal. We have no objection to the
building of a memorial to the Buffalo Soldiers in New Orleans provided
that an appropriate method of non-federal financing and constructing of
such a memorial is identified and that it would be financed, operated,
and maintained by the State of Louisiana, the City of New Orleans, or a
suitable nonprofit corporation.
S. 643
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 643, a bill to authorize the
Secretary of the Interior, in cooperation with the University of New
Mexico, to construct and occupy a portion of the Hibben Center for
Archaeological Research at the University of New Mexico, and for other
purposes.
The Department of the Interior supports S. 643, as the completion
of the Hibben Center would be the final step in carrying out the
Federal government's responsibility for the protection the
archeological resources that were collected during the Chaco Project in
the 1970's. Although there are significant costs associated with this
legislation, the bill directly supports a key park mission by
authorizing a better curatorial facility for park resources. This
legislation would authorize an appropriation of $3,772,000 for
construction costs, tenant improvements and costs associated with a
long-term lease for a portion of the Hibben Center at the University of
New Mexico. The facility will provide for the protection of the
cultural resources taken from Federal lands at Chaco Culture National
Historical Park and Aztec Ruins National Monument. The project is
currently on the National Park Service (NPS) five-year priority list
for line item projects and passage of this legislation is necessary for
Federal funds to be expended. There would be no additional annual
operating or maintenance expenses to the Federal government beyond the
existing level expended for the current substandard facilities.
HISTORY OF THE PROJECT
Chaco Canyon and the University of New Mexico (UNM) have been
partners since Chaco Canyon National Monument was founded in 1907. From
1907 to 1949, the State of New Mexico owned sections of land within the
monument's boundaries for the benefit of UNM. Since its Anthropology
Department was founded in 1929, UNM has been a leader in Southwestern
archaeology. The university conducted an archaeological field school in
Chaco Canyon from 1929-1948 and excavated many important sites.
Students from virtually every college in the country participated in
these field schools. Dr. Frank C. Hibben was a teaching assistant at
the UNM field school, and remained interested in Chaco throughout his
long career. The UNM field schools produced extensive museum
collections still held by UNM.
In 1949, the university deeded its land to the United States
government. Since then, the UNM-NPS partnership has continued through a
series of formal agreements to conduct research and to care for the UNM
and NPS Chaco museum collections. Since 1970, the main NPS Chaco
collection has been housed on the UNM campus. Today the NPS Chaco
Collection contains approximately 1.5 million artifacts, representing
nearly 6,000 years of prehistory and history. In 1980, Congress
expanded the monument's boundaries and created Chaco Culture National
Historical Park to preserve and interpret Chacoan resources and to
facilitate research. Chaco Canyon is on the National Register of
Historic Places and in 1987 was designated a United Nations
Educational, Scientific and Cultural Organization (UNESCO) World
Heritage Site.
For the past 100 years archeologists have considered Chaco Canyon
to be one of the most important pre-Columbian archaeological regions in
the United States. In 1970 Congress created the Chaco Project--a multi-
year, multi-disciplinary research partnership with the University of
New Mexico to study Chacoan archaeology. The million-dollar project was
the largest archaeological project in the country at that time, and it
generated the bulk of the Chaco archaeological collections. However,
the Chaco Project did not address the long-term storage needs of the
collections. In 1983, UNM committed itself to providing temporary
storage space for the collection until a joint UNM/NPS repository could
be built. However, the UNM storage space was rapidly filled to
capacity. Over the past 20 years, the collection (including office and
work space) has spilled over into inappropriate and substandard spaces
throughout the UNM campus.
Both the NPS and UNM have long recognized that the storage
facilities provided by UNM are inadequate and do not meet DOI standards
for the care of archaeological collections. The need for a repository
for the cultural resources has been acknowledged in numerous planning
documents for Chaco Culture NHP and Aztec Ruins NM, including the Chaco
Culture National Historical Park 1985 General Management Plan, 1987
Memorandum of Agreement with the University of New Mexico, 1990
Resource Management Plan and the 1993 Collections Management Plan. In
1987, UNM and NPS museum staff began planning a new curation facility
that would house the archaeological collections of both institutions
and meet all federal standards. Finding funding for such a facility was
the main stumbling block. In 1997, Dr. Hibben made a commitment of $3
million to help fund a new research and curation facility at UNM, and
he asked Chaco Culture NHP to partner with him. In 2001, the park's
project to match Dr. Hibben's funding for a new curation facility was
added to the NPS Line Item Construction Program for funding in FY 2003,
pending Congressional authorization. In the FY 2004 priority list this
project is slated for funding FY 2006.
The Hibben Center for Archaeological Research was designed to sit
adjacent to the UNM Maxwell Museum of Anthropology. The building is
three stories with a full basement. During planning it was decided that
UNM would occupy the basement and the ground floor; the NPS would
occupy the entire second floor and three-fourths of the third floor.
Due to Dr. Hibben's advanced age and failing health, UNM proceeded with
the construction of the Hibben Center, which was dedicated in October
2002, a few months after Dr. Hibben's death. Dr. Hibben's funds
completed the building shell and build outs of the basement and ground
floor. The NPS will build out the second and third floor with passage
of S. 643.
NEED FOR THE PROJECT
The current storage conditions of the world-class Chaco Museum
Collection are substandard and pose a threat to the preservation and
security of the artifacts and archives. The bulk of the archaeological
collections are stored in a room in the UNM Anthropology Building,
built in 1937. This room has no temperature or environmental controls,
no smoke detection or fire suppression system, and only a rudimentary
security system. Aging plumbing pipes that run through the ceiling of
the room frequently leak, exposed phone and data lines pose a fire
risk, and insect infestations are a constant problem. This space is
currently at 99% capacity. The remainder of the NPS archaeology
collection is housed in the Maxwell Museum warehouse. The conditions at
the warehouse are the same, except there is no heating, cooling or
ventilation system in the building at all. Lighting fixtures were
finally added a few years ago. Due to the nature of the structure,
rodent and insect infestations are an ongoing problem. Rodents have
destroyed some of the Maxwell Museum's collections. This facility
exceeded 100% capacity several years ago, and the 16' high wooden
shelves are overloaded with boxes and are unsafe. The Chaco Museum
Archive is housed on the third and floor levels in the stacks of UNM's
Zimmerman Library, built in 1950. The stacks have no temperature or
environmental controls, no fire suppression system, and no security
system. The antiquated evaporative cooling system in the library
fluctuates dramatically during the summer season, pouring excessively
harmful humidity into the archive. Dust from the aging building covers
everything. The main storage room has built-in structural shelving
supports that are so closely spaced that map cases will not fit between
them. One map case sits in a hallway because it will not fit through a
narrow, non-code, non-ADA compliant emergency exit door. Flights of
stairs link the archive storage room and the office, and there is no
elevator access to the archive office.
None of the storage areas meet DOI standards set forth in 36 CFR
79, Curation of Federally-Owned and Administered Archeological
Collections (1990) or NPS museum standards. The poor storage conditions
contribute to the deterioration of the collection. The lack of adequate
security puts the collection at risk especially given the large
(25,000+ students), urban university setting. The lack of ADA access
violates federal law. The dispersed storage, office, and workspaces
make it impossible to efficiently and effectively manage or use the
collection. The overcrowding of storage and workspaces makes providing
research access, mandated by 36 CFR 79, extremely difficult.
BENEFIT OF THE PROJECT
The NPS is committed to supporting the Department and Secretary
Norton's 4 C's initiative of cooperation, consultation, and
communication, all in the service of conservation and believe this
project supports that goal. Partnerships are a cost-effective way of
doing business. If the NPS were to construct a new facility on its own,
it would cost more than three-and-a-half times as much. Under this
project, the NPS will invest now in tenant improvements and will enter
into a 40-year lease with UNM at a cost of $1 dollar per year. UNM will
bear the annual operations and maintenance cost. As a result, the cost
of this facility to the federal government, amortized over the forty-
year lease, will be $5.60 per square foot. A comparable GSA-leased
space would cost $20.00 per square foot.
This project will also involve a partnership between two NPS parks:
Chaco Culture NHP and Aztec Ruins National Monument. These parks share
the World Heritage Site designation because of their close
archaeological relationship. Under this project, Aztec Ruins NM
archaeological collections will also be stored in the Hibben Center,
making research of Chacoan culture more centralized and efficient.
In addition to the monetary benefits, this project will continue a
collaboration which, since 1949, has been a model of Federal and state
partnerships. The NPS will continue to benefit by having its Chaco
Museum Collection housed in a research university setting, with the
attendant advantages, while UNM will continue to benefit by having a
World Heritage Site collection readily available to its faculty and
students for research and training.
S. 677
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 677, a bill to revise the
boundary of the Black Canyon of the Gunnison National Park and Gunnison
Gorge National Conservation Area in the State of Colorado, and for
other purposes.
The Department of the Interior supports S. 677 with minor
amendments to the legislation. The bill authorizes additions to both
Black Canyon of the Gunnison National Park (``Park''), through three
separate easement or exchange transactions, and Gunnison Gorge National
Conservation Area (``NCA''). The revision of the national park boundary
would not contribute to the National Park Service (``NPS'') maintenance
backlog because the management and operation of the land added to the
boundary would not result in any additional facilities, increased
operating costs, or additional staffing. Costs involved with the land
transactions are expected to be minimal. One transaction would involve
the purchase of a conservation easement on 26.5 acres, estimated to
cost $100,000; however, there is the possibility the owner might donate
all or a portion of the value. A second transaction would include an
equal value exchange. The third involves the transfer of 480 acres of
isolated Bureau of Land Management (BLM) land to the NPS and then the
exchange of this parcel for a conservation easement on approximately
2,000 acres. The landowner has stated he is willing to donate any
difference in value.
S. 677 amends the Black Canyon of the Gunnison National Park and
Gunnison Gorge National Conservation Area Act of 1999 (Public Law 106-
76). The boundary of the park would be revised to include the addition
of not more than 2,530 acres and the National Conservation Area (NCA)
would be expanded by approximately 7,100 acres. These additions are
reflected on a new map, dated April 2, 2003, which supplements the
boundary map referenced in P.L. 106-76
The bill authorizes the transfer of 480 acres of BLM land to the
jurisdiction of NPS. The Secretary is authorized to acquire lands or
interests in lands in accordance with P.L. 106-76 (by donation,
transfer, purchase with donated or appropriated funds, or exchange) and
lands cannot be acquired without the consent of the owner.
S. 677 also amends P.L. 106-76 to clarify grazing privileges within
the park. If land authorized for grazing within the park is exchanged
for private land, then any grazing privileges would transfer to the
private land that is acquired. Also, the bill clarifies the length of
time that grazing may be conducted on park lands by partnerships.
BLACK CANYON OF THE GUNNISON NATIONAL PARK
The boundary of the park would be expanded in three transactions.
The first, locally referred to as Sanburg II, is located just south of
Red Rock Canyon, one of the most scenic hiking opportunities into the
Black Canyon of the Gunnison. The landowner agrees with the NPS that
maintaining the rural character adjacent to the Red Rock Canyon
trailhead is an important part of the wilderness experience. The
landowner has previously sold conservation easements in this area
(authorized by P.L. 106-76 and a minor boundary revision) to The
Conservation Fund, who subsequently sold to NPS. Once acquisition of a
conservation easement on this 26.5 acre parcel is conveyed, the rural
character of the Red Rock Canyon gateway will be insured.
The second, the proposed Bramlett transaction, would authorize the
exchange of a 200-acre parcel of the Bramlett Ranch located on Grizzly
Ridge, which overlooks the North Rim Road and North and South Rim
overlooks. Although the landowner has proposed building cabins on the
ridge top, he is willing to exchange this 200-acre parcel for land of
equal value within the park and adjacent to his ranch headquarters. The
equal value exchange would give the landowner land with easier access,
and would add the ridgeline parcel to the park, thus protecting the
natural landscape in that portion of the park.
The third boundary adjustment, the Allison exchange, is located
along the East Portal Road, on the park's south rim. The landowner
would exchange a combination of fee simple ownership and a conservation
easement on up to 2,000 acres in return for fee simple ownership of up
to 480 acres of the BLM parcel that would be transferred to NPS. The
landowner has indicated that he would protect this parcel with a
conservation easement should he acquire it. He has also indicated that
he would donate any value above and beyond the value represented in the
exchange.
The Department believes these acquisitions are important for
several reasons. Combined with the land authorized by P.L. 106-76, the
present and future land requirements for the park would be met. The
present landowners are all willing sellers and in addition to them,
this effort enjoys the support of the Montrose County Commissioners,
the Montrose Chamber of Commerce, and local and national land trusts
involved in the project.
S. 677 would also amend P.L. 106-76 regarding grazing within the
park. P.L. 106-76 allowed for the continuation of grazing on the former
BLM lands transferred to the NPS. Permits held by individuals can be
renewed through the lifetime of the individual permittees. However,
P.L. 106-76 requires that partnerships and corporations be treated
alike regarding the termination of grazing permits. Partnerships and
corporations now lose their permits upon the termination of the last
remaining individual permit.
S. 677 would amend P.L. 106-76 to treat partnerships similarly to
individual permit holders, allowing permits to be renewed through the
lifetime of the partners as of October 21, 1999. Since the two
partnerships affected are essentially family run ranching operations,
the Department feels that they should be treated consistently with
individual permit holders.
S. 677 would also allow grazing on land acquired in an exchange if
the land being given up in the exchange currently has authorized
grazing. This appears to be consistent with the intent of Congress when
it authorized grazing in Public Law 106-76.
GUNNISON GORGE NATIONAL CONSERVATION AREA
S. 677 also provides for the expansion of the Gunnison Gorge NCA
managed by the BLM. A 5,759-acre parcel of land on the north side of
the existing NCA was acquired in January 2000 from a willing seller
through a land exchange. This acquisition was not completed in time to
include the lands within the original NCA boundary. This parcel
includes approximately five miles of the Gunnison River and provides
important resource values and recreational opportunities. In addition,
1,349 acres of preexisting BLM-managed public lands adjacent to the
acquisition would also be added to the NCA. The addition of these BLM
lands will create a more manageable NCA boundary and provide
appropriate protection and management emphasis for this area's
resources.
The legislation also makes some minor boundary adjustments to the
NCA. In the process of completing surveys of the lands designated as
the NCA by P.L. 106-76, the BLM discovered a few inadvertent trespass
situations on the NCA land. In order to resolve these issues with the
local landowners in a fair and equitable manner, slight boundary
modifications need to be made so that exchanges can be effected.
Without the benefit of this legislation, the BLM would be forced to
take extreme punitive measures which are not in the best interest of
the federal government or local landowners who previously were unaware
of the encroachment issues.
WATER DELIVERY FACILITIES
With the passage of Public Law 106-76 the Uncompahgre Valley Water
Users Association expressed concern that access to water and related
facilities might be limited. S. 677 clarifies that the Bureau of
Reclamation will retain jurisdiction over and access to all land,
facilities, and roads in the East Portal and Crystal Dam areas for the
maintenance, repair, construction, replacement, and operation of any
facilities relating to the delivery of water and power.
We believe that the bill, as introduced, has a couple of confusing
and unneeded sections. We have recommended some language to clarify
these sections and request that S. 677 be amended to reflect these
changes. Specifically, Section 4 (b) of the bill is repetitive of
Section 5(a)(2) of Public Law 106-76. P.L. 106-76 states the methods by
which the NPS may acquire lands and already requires that acquisition
may only occur with willing sellers. We believe Sec. 4(b) of the bill
will result in confusion when the language is enacted and codified.
Therefore, we recommend eliminating this duplicative language. The
proposed amendments are attached to the testimony.
Technical and clarifying amendments to S. 677, Black Canyon of the
Gunnison and Gunnison Gorge National Conservation Area Boundary
Revision Act of 2003
On page 2, line 13, strike ``2,725 acres'' and insert ``2,530
acres''
On page 2, line 16, strike ``dated January 21, 2003'' and insert
``dated April 2, 2003''
On page 2, strike lines 21 and 22, and insert ``(1) by striking
``Upon enactment of this title, the Secretary shall transfer'' and
inserting the following:''
On page 2, strike line 24, and insert ``(A) IN GENERAL. On
enactment of this title, the Secretary shall transfer''.
On page 2, strike lines 25 and 26, and insert ``(2) by adding after
the first sentence of subsection (b)(1)(A), as amended by paragraph
(1), the following:''
On page 3, strike line 11, and insert ``(3) by striking ``The
Secretary shall administer'' and inserting ``(2) AUTHORITY. The
Secretary shall administer''.
On page 5, line 5, by striking ``(a) Authority to Acquire Lands.''
and
On page 5, by striking lines 10 through 18.
On page 6, line 9, strike ``dated January 21, 2003'' and insert
``dated April 2, 2003''
On page 6, by striking lines 11 through 22 and insert
"The Commissioner of Reclamation shall have access to and retain
administrative jurisdiction over the Crystal Dam Access Road and land,
facilities, and roads of the Bureau of Reclamation in the East Portal
area, including the Gunnison Tunnel, and the Crystal Dam area, as
depicted on the maps identified in section 4 of the Black Canyon of the
Gunnison National Park and Gunnison Gorge National Conservation Area
Act of 1999 and section 2(a)(2) of this Act for the maintenance,
repair, construction, replacement, and operation of any facilities
relating to the delivery of water and power under the jurisdiction of
the Bureau.''
S. 1060 AND H.R. 1577
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 1060 and H.R. 1577, to
designate the visitor center at Organ Pipe Cactus National Monument in
Arizona as the ``Kris Eggle Visitor Center''.
The Department supports the legislation and appreciates the
recognition by members of Congress for the work of all National Park
Service (NPS) employees, especially those involved in law enforcement.
Both bills call for the visitor center at Organ Pipe Cactus
National Monument to be named for Kris Eggle. Kris was an outstanding
young man, a dedicated NPS law enforcement officer, who died in the
line of duty nearly a year ago while assisting in the arrest and
capture of drug smugglers crossing into the United States from Mexico.
The legislation also calls for installing an interpretive sign at
the visitor center and one at the Baker Mine-Milton Mine Loop
trailhead. The signs will help inform and educate the public to the
critical role law enforcement officers have in protecting visitors and
resources on public lands. The signs will also dedicate the trail and
center to Kris. The NPS has determined that the costs to add the
appropriate signage to the visitor center and install the two exhibits
will be approximately $15,000. Further costs to change maps, documents
and other references to the visitor center will be incorporated when
reprints are needed. None of these costs are presently part of the
park's budget.
Much has been said and talked about Kris' death. The death of
anyone so young is tragic, and to lose someone under these
circumstances is even more so--for his family, friends, co-workers and
all who care for and about National Parks. By helping the public
understand the work and dedication of NPS law enforcement rangers and
all NPS employees--through well-planned and designed educational
exhibits and signs, perhaps we can prevent or minimize some of the
dangers we all face in protecting these great American places and
stories.
S. 1060 and H.R. 1577 are nearly identical. There are some
differences in style and format. S. 1060 does contain a grammatical
error that was corrected in the House bill. All references to
``visitors' center'' should read ``visitor center''. We look forward to
working with this committee and the House to reach consensus on the
language that will allow us to remember this fine young man.
H.R. 255
Mr. Chairman, thank you for the opportunity to present the views of
the Department of the Interior on H.R. 255, a bill to authorize the
Secretary of the Interior to grant an easement to facilitate access to
the Lewis and Clark Interpretive Center.
The Department supports H.R. 255 as passed by the House. The bill
would grant an easement by the National Park Service (NPS) to Otoe
County, Nebraska for the construction and maintenance of an access road
from state and county roads to the Lewis and Clark Interpretive Trails
and Visitors Center in Nebraska City, Nebraska. The design,
construction, and maintenance of the access road is to be done at no
expense to the Federal government.
The Lewis and Clark Interpretive Center is currently under
construction. It is scheduled to be completed in early 2004 with the
grand opening set for July 30, 2004. This coincides with the Lewis and
Clark signature event in Nebraska. The center will display the flora
and fauna documented by the Lewis and Clark expedition across the
country. The NPS recommended that the center be located in Nebraska
City in 1991. That same year, the Park Service acquired a 65-acre tract
of land for the center, a site adjacent to Nebraska City, Nebraska.
H.R. 255 would facilitate the granting of an easement necessary to
create an access road across public land to link the center to the main
roads in the area. NPS would grant the easement to the Otoe County
government so that the county can construct and maintain the road to
the visitor center. When completed, this access road would provide the
access from both Nebraska State Highway 2 and Otoe County Road 67 for
those visitors to the Missouri River Basin Lewis & Clark Interpretive
Trails & Visitors Center. The bicentennial commemoration of the Lewis
and Clark Corps of Discovery is expected to draw millions of Americans
to sites along the trail over the next several years. This new center,
a permanent facility, will be one of the stops many will make along the
trail.
H.R. 1012
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on H.R. 1012, a bill to establish
the Carter G. Woodson Home National Historic Site in the District of
Columbia.
The Department recognizes the appropriateness of establishing the
Carter G. Woodson home as a unit of the National Park System. The site
was found to be nationally significant, as well as suitable and
feasible for addition to the system, in a study conducted by the
National Park Service and sent to Congress earlier this year. However,
we recommend that the committee defer action on H.R. 1012 during the
108th Congress. The Administration is continuing to place a priority on
reducing the National Park System's deferred maintenance backlog and
wants to ensure that funding is not diverted to pay for the cost of a
new unit of the National Park System, which would include acquiring and
rehabilitating property along with operating and maintaining the site.
Dr. Carter G. Woodson was a prominent American historian and is
generally considered the preeminent historian of the African-American
experience in the United States. Born in 1875 to former slaves, Woodson
began his formal education at age 20 after being denied a public
education in his home town of Canton, Virginia, and earned several
degrees from institutions of higher learning. He became the second
African-American, after W.E.B. DuBois, to earn a doctorate from
Harvard. During much of Dr. Woodson's life, there was little
information about African-American life and history. Dr. Woodson's
research uncovered history that helped educate the American public
about the contributions of African Americans to our Nation's history
and culture.
From 1915 until 1950, Dr. Woodson lived at 1538 Ninth Street,
Northwest, a Victorian-style row house built in 1890 in the Shaw
neighborhood of Washington, D.C. His home was also the headquarters of
the Association for the Study of Negro Life and History, which he
founded. The organization, which was renamed the Association for the
Study of African-American Life and History, continued to operate out of
the home until 1970. The association still owns the home, but it is
unoccupied and in need of restoration. The home was designated a
National Historic Landmark in 1976.
The National Park Service conducted a special resource study on the
Carter G. Woodson home during 2001-2002, pursuant to P.L. 106-349. The
study found that in addition to being nationally significant, the site
was suitable and feasible for inclusion in the National Park System.
The suitability finding was based on the determination that no existing
unit of the National Park System provides the opportunity to present
the story of Dr. Woodson and his legacy, or interprets African-American
history as a general subject. It was also based on the fact that the
home offers the chance to interpret other aspects of the community in
which Dr. Woodson worked and lived, which has numerous historically
significant resources associated with achievements of African-
Americans. The site was found feasible for inclusion, with
qualifications. Along with acquiring the Woodson house itself, to make
this a viable park unit, the National Park Service would need to
acquire three adjacent properties to the north for administrative,
interpretive, and visitor service needs, and to meet accessibility
requirements. The study estimates that the one-time cost of acquiring
and developing the site would be in the range of $5 million to $6.5
million, and the annual cost of operating and maintaining the site
would be approximately $500,000.
H.R. 1012 provides authority for the Secretary of the Interior to
establish the Carter G. Woodson home as a national historic site after
acquiring a majority of the property within the proposed boundary of
the unit. The boundary encompasses the Woodson home and the three
adjoining houses to the north. The bill also authorizes the Secretary
to enter into certain agreements. One agreement would be with the
Shiloh Community Development Corporation to redevelop the property.
This corporation is a non-profit organization that intends to build
senior housing on the same block as the Woodson home; discussions have
begun between the National Park Service and the corporation about a
potential development partnership which holds the possibility of
providing a cost-effective means of restoring the property.
Another potential agreement permitted by the bill would enable the
Association for the Study of African-American Life and History to use a
portion of the historic site for its own administrative purposes. The
bill would also allow partnerships with public and private entities for
the purpose of fostering interpretation of African-American heritage in
the Shaw area. This provision is intended to facilitate connection of
the Woodson home to other significant historical and cultural sites in
the area for purposes of promoting education and tourism. These
provisions are all consistent with the findings of the study.
Mr. Chairman, that concludes my statement. I would be pleased to
answer any questions that you or other members of the committee may
have.
Senator Thomas. Thank you. Thank you for your brevity.
That's good.
Then let's go to Mr. Kearney.
STATEMENT OF CHRISTOPHER KEARNEY, DEPUTY ASSISTANT SECRETARY
FOR POLICY, MANAGEMENT AND BUDGET, DEPARTMENT OF THE INTERIOR
Mr. Kearney. Thank you, Mr. Chairman. Good afternoon. Thank
you for the opportunity to present the Department of the
Interior's views on S. 546, the Paleontological Resources
Preservation Act. The Department supports the purpose of the
bill, but would like to work with the committee on amendments
that we provide at the end of our testimony.
In recent years, public interest in fossils has grown
rapidly, and with this interest, the commercial values of
fossils has also increased. The unfortunate consequence has
been a loss of fossils from Federal lands through theft and
vandalism and from the United States itself through
international trafficking. These crimes reduce scientific and
public access to scientifically significant and instructive
fossils, and destroy the contextual information critical for
interpreting the fossils.
Under the agency's existing regulations and policies,
vertebrate fossils may only be collected from lands under their
respective jurisdictions with a permit for scientific and
educational purposes. S. 546 would codify this collection
policy and standardize the permitting requirements among the
various agencies. It would ensure that these fossils are
retained as public property and carried in suitable
repositories for current and future generations of scientists
and the public to study and enjoy.
Scientists use the information from specimens and
repository collections to build our understanding of the
history of life and physical environment on earth. Millions of
visitors enjoy the displays offered by public repositories of
the most spectacular and educational fossils. Many are obtained
from public lands.
One exception to the permitting requirements under S. 546
is for the casual collection of certain paleontological
resources for personal, scientific, educational and
recreational uses. This important provision would authorize the
Secretary to allow the public to casually collect common
invertebrate and plant fossils without a permit on certain
Federal lands.
In other words, under this bill, visitors to lands who
enjoy paleontology as a hobby could continue to collect for
their personal use a wide variety of plant and common
invertebrate fossils. The casual collection of such fossils can
be an important component of the public's enjoyment of some
Federal lands and is generally consistent with scientific and
educational goals. S. 546 would codify the Land Management
Agency's existing prohibition on commercial fossil collecting
from Federal lands, and by prohibiting such collection, this
legislation ensures that vertebrate fossils on Federal lands
remain in public hands, that they are not bought or sold, and
that the Federal Government does not have to use taxpayer funds
to purchase the resources, purchase fossils found on lands it
owns.
In conclusion, Mr. Chairman, we look forward to working
with the committee on our remaining questions with respect to
amendments, and would be happy to answer any questions that you
may have.
[The prepared statement of Mr. Kearney follows:]
Prepared Statement of Christopher Kearney, Deputy Assistant Secretary
for Policy, Management and Budget, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 546, the Paleontological
Resources Preservation Act. The Department supports the purpose of S.
546 to protect paleontological resources on federal lands but would
like to work with the Committee on the amendments provided at the end
of this testimony.
S. 546 adopts the recommendation of a report submitted to Congress
in May 2000, titled ``Fossils on Federal and Indian Lands'' (the
Interagency Fossil Report). Concerned about the lack of unified
policies and standards for the management of fossils on federal lands
and the resulting deterioration and loss of fossils, Congress directed
the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau
of Reclamation, the Fish and Wildlife Service, the Forest Service, the
National Park Service, the Smithsonian Institution and the U.S.
Geological Survey to develop a report assessing the need for a unified
federal management policy. During development of the report, three
major themes emerged from the public comments received.
First, a majority of people who commented viewed fossils on federal
lands as part of America's heritage. Second, they recommended that
vertebrate fossils continue to be protected as rare and within the
ownership of the federal government. Third, they supported the
involvement of amateurs in the science and enjoyment of fossils,
including the availability of most plant and invertebrate fossils for
casual collection on lands managed by the Bureau of Land Management and
the Forest Service. To meet these and other goals, the report
recommended the establishment of a framework for fossil management,
analogous to the Archeological Resources Protection Act of 1979 (ARPA).
Fossils are non-renewable resources which, with the exception of
microfossils and those that make up commercially developed minerals,
such as coal, are relatively rare and have significant scientific,
educational and recreational values. Federal lands, the majority of
which are in the western part of the United States, contain a rich
array of plant, invertebrate and vertebrate fossils. For more than a
century, land management agencies have managed fossils within their
unique missions. These agencies have protected all vertebrate fossils,
requiring permits for their excavation and removal, with the
stipulation that the resources remain in federal ownership in
perpetuity.
In recent years, public interest in fossils has grown rapidly and
with this interest, the commercial value of fossils also has increased.
The unfortunate consequence has been a loss of fossils from federal
lands, through theft and vandalism, and from the United States itself,
through international trafficking. These crimes reduce scientific and
public access to scientifically significant and instructive fossils and
destroy the contextual information critical for interpreting the
fossils.
S. 546 would provide a unified federal policy to ensure that
scientifically significant fossils on certain federal lands are
inventoried, monitored, protected, and curated consistently, while
accommodating the agencies' distinct missions. The provisions in this
bill do not apply to Indian lands. As we understand it, the bill, in
large measure, reflects the current practice of agencies in the
management of fossils on federal land. Streamlining the practices of
the various land management agencies into a unified approach will
enhance overall management of fossils on federal lands by reducing
public confusion and improving collaboration and cooperation among
agencies, scientists, and the public.
Under the agencies' existing regulations and policies, vertebrate
fossils may only be collected with a permit for scientific and
educational purposes. S. 546 would codify this collection policy and
standardize the permitting requirements among the various agencies, as
recommended in the Interagency Fossil Report. It would ensure that
these fossils are retained as public property and curated in suitable
repositories for current and future generations of scientists and the
public to study and enjoy. Scientists use the information from
specimens in repository collections to build on our understanding of
the history of life and physical environment on Earth. Millions of
visitors enjoy the displays offered by public repositories of their
most spectacular and educational fossils, many originating from federal
lands.
One exception to the permitting requirements under S. 546 is for
casual collection of certain paleontological resources for personal,
scientific, educational and recreational uses. This important provision
would authorize the Secretary to allow the public to casually collect
common invertebrate and plant fossils without a permit on certain
federal lands. In other words, under this bill, visitors to BLM lands
who enjoy paleontology as a hobby could continue to collect and keep
for their personal use a wide variety of plant and common invertebrate
fossils. The casual collection of such fossils can be an important
component of the public's enjoyment of some federal lands and is
generally consistent with scientific and educational goals.
S. 546 would codify the land managing agencies' existing
prohibition on commercial fossil collecting from federal lands. By
prohibiting such collecting, this legislation ensures that vertebrate
fossils on federal lands, a rich part of America's heritage, remain in
public hands, that they are not bought or sold, and that the federal
government does not have to use taxpayer funds to purchase fossils
found on lands that it owns.
S. 546 would provide additional protection by prohibiting the
excavation, damage, transport or sale of paleontological resources
located on federal lands. Criminal penalties for these acts would be
set by classification, following fine and imprisonment penalties
imposed under federal law.
Keeping an appropriate inventory and monitoring are crucial
components of fossil management. S. 546 would provide the Secretary
with the flexibility to keep an inventory and monitor exposed fossils
based on the site-specific geology and paleontology of their management
units. The exposure of fossils by erosion varies, based on the type of
rock in which they are found and local climate. Some fossils remain
exposed at the surface for decades or centuries, while others weather
away soon after exposure depending on the nature of their preservation.
S. 546 would balance the need for public access to fossils with the
recognition that the unlimited disclosure of certain information about
particularly significant fossils can lead to the theft or vandalism of
those fossils. In the National Parks Omnibus Management Act of 1998,
Congress authorized the National Park Service to withhold information
about the nature and specific location of paleontological resources in
park units unless certain criteria were met. S. 546 would extend this
same authority to the other federal land managing agencies.
Last Congress, the Department testified before this Committee in
support of the purpose of S. 2727, a similar bill, while also citing a
number of concerns. After the hearing, the Department provided the
Committee with general comments and suggested amendments to address our
concerns with the bill. We appreciate that S. 546, as introduced,
includes the vast majority of our proposed amendments. At the end of
this testimony, we offer additional amendments for the Committee's
further consideration. We look forward to working with the Committee on
these remaining issues.
As the prices of fossils rise, the federal land managing agencies
will be under increasing pressure to both protect scientifically
significant fossil resources and to ensure their appropriate
availability to the general public. S. 546 would create a single
legislative framework for paleontological resource management that will
facilitate sharing of resources, personnel and partnership
opportunities across agency lines.
Mr. Chairman, this concludes my statement. I would be pleased to
answer any questions you or other members of the Committee may have.
Proposed Amendments for S. 546
On p. 3, line 1, after ``personal'' strike ``(`` insert '',''.
On p. 3, line 2, after ``recreational'' strike '')''.
On p. 3, line 13, after ``means lands'' insert ``owned, controlled,
or''.
--clarifies the bill's inclusion of all lands (except Indian
lands) managed by the Departments
On p. 4, line 14, strike ``Rehabilitation'' insert ``Repatriation"
On p. 5, line 17, after ``Federal lands'' insert ``owned,
controlled, or''.
--clarifies generally where casual collecting may be allowed
On p. 8, line 4, after ``permit'' insert ``issued under this Act''.
--ensures that the permit referenced is the permit
established under this Act
On p. 8, line 8, after ``Acts;'' insert ``Criminal"
--clarifies that Section 9 addresses criminal penalties, in
contrast with Section 10 which addresses civil penalties
On p. 9, line 8, strike ``Penalities'' insert ``Penalties"
On p. 10, line 19, after ``involved.'', insert '', as determined by
the Secretary.''.
On p. 11, line 12, strike entire subsection (b), insert:
``(b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF UNPAID
ASSESSMENTS.
(1) JUDICIAL REVIEW--Any person against whom an order is
issued assessing a penalty under subsection (a) may file a
petition for judicial review of the order in the United States
District Court for the District of Columbia or in the district
in which the violation is alleged to have occurred within the
30-day period beginning on the date the order making the
assessment was issued. The Secretary shall promptly file in
such court a certified copy of the record on which the order
was issued. The court shall hear the action on the record made
before the Secretary and shall sustain the action if it is
supported by substantial evidence on the record considered as a
whole.
(2) FAILURE TO PAY--If any person fails to pay a penalty
under this section within thirty (30) days-
(A) after the order making the assessment has become
final and the person has not filed a petition for
judicial review of the order in accordance with
paragraph (1); or
(B) after a court in an action brought in paragraph
(1) has entered a final judgment upholding the
assessment of the penalty,
the Secretary may request the Attorney General to institute a civil
action in a district court of the United States for any district in
which the person is found, resides, or transacts business, to collect
the penalty (plus interest at currently prevailing rates from the date
of the final order or the date of the final judgment, as the case may
be). The district court shall have jurisdiction to hear and decide any
such action. In such action, the validity, amount, and appropriateness
of such penalty shall not be subject to review. Any person who fails to
pay on a timely basis the amount of an assessment of a civil penalty as
described in the first sentence of this paragraph shall be required to
pay, in addition to such amount and interest, attorneys fees and costs
for collection proceedings.
--is the standard enforcement provision found in other laws
including the Clean Water Act
On p. 13, line 8, strike ``may be subject to forfeiture...involved
in the violation.'' insert
``shall be subject to civil forfeiture, or upon conviction,
to criminal forfeiture. All provisions of law relating to the
seizure, forfeiture, and condemnation of property for a
violation of this Act, the disposition of such property or the
proceeds from the sale thereof, and remission or mitigation of
such forfeiture, as well as the procedural provisions of
Chapter 46 to Title 18, United States Code, shall apply to the
seizures and forfeitures incurred or alleged to have been
incurred under the provisions of this Act.''.
--makes a distinction between civil forfeiture and ensures
that criminal forfeiture only could occur upon conviction -
makes clear that the protections of the Civil Asset Forfeiture
Reform Act (CAFRA), an act to provide a more just and uniform
procedure for Federal civil forfeitures, would apply
On p. 13, after line 17, insert new (c):
``(c) TRANSFER OF SEIZED RESOURCES. The Secretary is authorized to
transfer ownership or administration of seized paleontological
resources to Federal or non-Federal educational institutions to be used
for scientific or educational purposes.''
--allows the establishment of partnerships with schools and
other entities to transfer seized resources (for example, some
resources that are recovered with no record of their context
may have lost value to a museum, but may still have educational
value)
On p. 13, after line 18, strike entire section and insert:
``(a) Information concerning the nature or specific location
of a paleontological resource the collection of which requires
a permit under this Act or under any other provision of Federal
law shall be withheld from the public
(1) in response to a request under subchapter II of
chapter 5 of title 5, United States Code; or
(2) notwithstanding any other provision of law that
would authorize release.
(b) The information described in subsection (a) shall be
released if the responsible Secretary determines that
disclosure would
(1) further the purposes of the Act;
(2) not create a risk of harm to or theft or
destruction of the resource or the site containing the
resource; and
(3) be in accordance with other applicable laws.''
On p. 15, line 3, after ``time'' insert ``under''.
Senator Thomas. Thank you.
Ms. Estill.
STATEMENT OF ELIZABETH ESTILL, DEPUTY CHIEF, PROGRAMS,
LEGISLATION AND COMMUNICATION, FOREST SERVICE, DEPARTMENT OF
AGRICULTURE
Ms. Estill. Well, thank you for the opportunity to be here
today. I will provide the Department of Agriculture's comments
on S. 546, the Paleontological Resources Preservation Act.
During the 107th Congress, the Department supported the purpose
of a very similar bill and provided some recommended changes to
committee staff. I am pleased to see that some of the
Department's concerns were addressed in S. 546.
The Department supports the purpose of this bill, but
again, we would like to work with the subcommittee on a few
additional aspects. Unified guidelines for paleontological
resource management are greatly needed on National Forest
System lands. Forest users are demanding opportunities for
recreation, education, interpretation, and scientific study of
fossils. As these legitimate demands increase, so does the
amount of illegal activity like theft and vandalism.
The Forest Service currently manages paleontological
resources under a patchwork of laws that don't specifically
address their unique characteristics, nor do they provide
adequate management and protection of the resource. In 1996, a
case involving fossil theft on the National Forest System lands
in California, which was prosecuted under civil law by the
Department of Justice, pointed out the need for more specific
statutes and regulations related to the theft of Federal
fossils. It is really a big problem. Between 1991 and 1996, a
third of all the fossil sites inventoried on the Ogalala
National Grasslands in Nebraska were found to have been
vandalized, and that is probably not an unusual statistic. The
stories that those fossils could have told will now never be
heard. The values lost to science and the public is poorer for
it.
The Forest Service needs the additional authority that S.
546 provides to manage and protect paleontological resources.
If enacted, the bill would establish noncommercial collection
provisions, including permitting requirements for scientific
and educational purposes using uniform and consistent criteria.
An important aspect of this bill from the Forest Service's
perspective is its formal recognition of casual collecting of
invertebrate and plant fossils for recreational noncommercial
use. It allows noncommercial recreational collecting without a
permit, unless there is some overriding land use designation.
S. 546 provides uniform criminal and civil penalties for
theft and damage to paleontological resources. There is some
language in section 11 that specifies a maximum reward amount,
and we do believe that it is better left unstated and allow the
amount to be set based on the significance of each case and the
need for such assistance.
Mr. Chairman, paleontological resources, especially
vertebrate fossils, are heritage resources. They are evidence
of the past history of life on earth. They provide
opportunities for the public to learn more about ancient
earth's ecosystems and the development of life from research
and study of these resources. The Paleontological Resources
Preservation Act would help secure the authority for the Forest
Service to manage and protect all paleontological resources on
the National Forest System.
This concludes my statement. I would be happy to answer any
questions.
[The prepared statement of Ms. Estill follows:]
Prepared Statement of Elizabeth Estill, Deputy Chief, Programs,
Legislation and Communication, Forest Service, Department of
Agriculture
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to be here today. I am Elizabeth Estill, Deputy Chief for
Programs, Legislation and Communications, USDA Forest Service. I will
provide the Department's comments on S. 546, the Paleontological
Resources Preservation Act.
During the 107th Congress, the Department supported the purpose of
S. 2727; a similar bill also entitled the Paleontological Resources
Preservation Act, and provided some recommended changes to the
committee staff. I am pleased to see some of the Department's concerns
addressed in S.546. The Department supports the purpose of the bill,
but we would like to work with the Committee to address some of our
other recommendations.
Unified guidelines for paleontological resources management and
special protection for vertebrate paleontological resources are greatly
needed on National Forest System lands. Forest users, amateurs and
scientists alike, are demanding opportunities for recreation,
education, interpretation, and the scientific study of fossils. As
these legitimate demands increase so does the amount of illegal
activity such as theft and vandalism. Therefore, clearly defined,
consistent laws and penalties to deter theft and vandalism of fossils
from federal lands are also needed.
The Forest Service currently manages paleontological resources
under a patchwork of laws that do not specifically address their unique
characteristics nor provide adequate management and protection of the
resource. These laws include the Organic Administration Act of 1897,
the Archaeological Resources Protection Act of 1979, and the Federal
Cave Resources Protection Act of 1988. The later statutes only protect
paleontological resources when they are associated with archeological
resources, or when they occur in caves, respectively.
A consistent statutory framework will enhance overall management of
paleontological resources on National Forest System lands. Between 1991
and 1996, one-third of all fossil sites inventoried in the Oglala
National Grassland in Nebraska were found to have been vandalized, and
as a result, valuable data was lost to science and to the public. In
1996, a case involving fossil theft on National Forest System lands in
California, which was prosecuted under civil laws by the Department of
Justice and ultimately settled out of court, pointed out the need for
more specific statutes and regulations related to the theft of federal
fossils.
S. 546 directs the Secretary of the Interior and the Secretary of
Agriculture to manage and protect paleotontological resources using
scientific principles. The bill recognizes the non-renewable nature of
fossils and defines paleontological resources as fossilized remains
preserved in or on the Earth's crust. This distinguishes these
resources from archeological resources, covered under the
Archaeological Resources Protection Act (ARPA); cultural items, covered
under the National Historic Preservation Act and the Native American
Graves Protection and Repatriation Act (NAGPRA); and mineral resources.
If enacted, the bill would establish casual collection provisions
including permitting requirements for scientific and educational
purposes using uniform and consistent criteria. S. 546 recognizes that
paleontological resources are federal property, and that the fossil as
well as the associated field data and other records will be preserved
and made available to the public. An important aspect of this bill to
the Forest Service is its formal recognition of casual collecting of
invertebrate and plant fossils for recreational, non-commercial use as
a valid public activity on National Forests System lands for which a
permit may not be required where the collecting is not inconsistent
with the laws governing the management of National Forest System lands
and S. 546.
S. 546 provides important uniform criminal and civil penalties for
all the federal managing agencies for theft and damage of
paleontological resources. Currently, there is a complex mix of laws,
regulations and guidelines that have created significant
jurisprudential challenges. For example, for the Forest Service,
violations of regulations protecting paleontological resources are
Class B Misdemeanors, punishable by up to six months imprisonment, or
$5,000 fine, or both. For the Bureau of Land Management, violations are
Class A Misdemeanors, punishable by up to one year imprisonment, or
$100,000 fine, or both. The penalties defined in S. 546 are also
consistent with recent amendments to the federal sentencing guidelines
of the U.S. Sentencing Commission for increased penalties for cultural
heritage resources.
S. 546 also provides that the proceeds arising from civil and
criminal penalties established under the bill may be available for
payment to those who provided information in investigations that lead
to the civil violations or criminal convictions for which the penalties
were assessed.. However, the current reward language in Section 11
provides a maximum reward amount that we believe will be ineffective in
most cases. We believe that the appropriate reward amount to be offered
or paid for assistance in investigations is best determined by the
agency and prosecutor based on the significance of the case and
assistance provided or needed. We recommend that references to any
dollar amount be removed. Further, the Forest Service currently has
differing regulations at 36 CFR 262.1 which regulate the payment of
rewards along with other Department of Justice protocols.
Mr. Chairman, paleontological resources, especially vertebrate
fossils, are heritage resources. They are evidence of the past history
of life on Earth. They provide opportunities for the public to learn
more about ancient Earth ecosystems and the development of life from
research and study of these resources. The Forest Service is a steward
of these heritage resources and is committed to their protection while
providing opportunities for research, education, and recreation. The
Paleontological Resources Preservation Act would help secure the
authority of the Forest Service to manage and protect all
paleontological resources on National Forest System lands.
This concludes my statement. I would be happy to answer questions.
Senator Thomas. Okay. Thank you. Senator, let's do this a
little differently. Let's just take each bill and see if we
have questions on the bill as we go. Would that be all right?
The first one I have listed is the Buffalo Soldier Act. It
is my understanding that the Department is not in favor of
passage of that bill, is that correct?
Mr. Ross. That's correct, sir.
Senator Thomas. What are your basic criteria for what
belongs in a Federal park site that you indicate this one
probably does not?
Mr. Ross. Well, sir, to the best of my knowledge there has
been no study of this to determine suitability or feasibility.
We normally will go through a study of various areas as
proposed to identify whether they are feasible, suitable, and
they meet the criteria of national significance. We have not
done so in this particular case.
Senator Thomas. Okay. I suppose the criteria of national
significance is a little difficult. I would like to see--do you
have a list of the criteria that you could give us sometime?
Mr. Ross. I would be glad to provide that for the record,
Senator.*
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* The criteria has been retained in subcommittee files.
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Senator Thomas. That would be great. I would like to see
that.
Mr. Ross. I might just add, Senator, by all means we
recognize the significance of the Buffalo Soldiers and the
contributions they made to the history of this country and the
important role they played, but we would just add that to the
statement, please.
Senator Thomas. Okay. Thank you.
Senator Akaka. Thank you, Mr. Chairman. Mr. Ross, with
respect to S. 499, relating to the Buffalo Soldier Memorial, I
believe you indicated that the administration does not support
the bill because it provides that the National Park Service may
end up having to provide for its maintenance and upkeep. As I
understand the bill, the American Battle Monuments Commission
would be authorized to collect private funds to build a
memorial. Now, if the bill were changed to eliminate the
possibility that the Park Service might have to maintain the
memorial, would that address the administration's concern?
Mr. Ross. Senator, Yes, I believe it would, because it
would then preclude responsibility for it coming to the
National Park Service. Again, we would point out we believe
there is a significant story to talk about and to share with
the American people, but we don't feel it's appropriate for the
National Park Service.
Senator Akaka. Thank you.
Senator Thomas. The next bill is S. 546, paleontological
resources--we need to amend the name, don't we, so it's easier
to say----
[Laughter.]
Senator Thomas. What you mentioned, and I understand, I
think, Ms. Estill, you mentioned the difficulty of enforcing
regulations, or putting in the regulations. Is it a matter of
describing them or enforcing them?
Ms. Estill. Well, we currently manage under about three
different pieces of legislation, which really aren't specific
to the fossil resource. One refers to other heritage resources,
like archaeological resources, and we can do some undercave
protection. I mean, there are a number of things that we
operate under, but nothing that is really specific to this
fossil resource.
One of the things this does is define it and actually
clarify a lot of piecemeal actions that both agencies are
taking, both Departments are taking.
Senator Thomas. We have one of these fossil fields in
Wyoming, as a matter of fact, and it's fairly large----
Ms. Estill. Yes, you do.
Senator Thomas [continuing]. So I think we have a little
bit of a problem enforcing, and I know the local police fly
airplanes over once in a while to see what is happening, but--
so, it's interesting.
Ms. Estill. This would help a whole lot in successful
prosecution, which then would help in deterring that kind of
criminal activity.
Senator Thomas. But your intention is to define those
things that are acceptable for just pick-up and those that are
off?
Ms. Estill. Absolutely, and make it permissible with no
question to allow some amateur collecting.
Senator Thomas. I see. Okay. Senator.
Senator Akaka. Thank you, Mr. Chairman.
Mr. Kearney, I would like to take a minute to clarify the
Department of the Interior's position on S. 546. As you know,
the bill is based on recommendations from a report prepared
three years ago by the Department of the Interior and the
Department of Agriculture. In the last Congress, the Department
testified in support of the concept of the bill, but wanted
additional changes. I have tried to incorporate almost all of
the Department's suggestions from last year. Your testimony
this afternoon reiterates that the Department again supports
the purpose of the bill. As I understand your statement, the
proposed amendments are all either clarifying or technical in
nature. If the suggested changes are incorporated, am I correct
to understand that the Department of the Interior will support
the bill?
Mr. Kearney. I think, Senator, at this point what is
important is for us to continue to work with the committee to
come to a complete resolution on the array of changes that we
have still, and concerns we still have, and that point, we
would be in a better position to make it absolutely clear what
our position is, but certainly, the purposes behind this,
certainly what it is trying to achieve I think we are all
absolutely in support of that, and in support of your efforts
with respect to what the legislation is attempting to achieve
in its purposes.
Senator Akaka. Ms. Estill, following up on the question I
just asked Mr. Kearney, you have also testified that the
Department of Agriculture supports the purpose of S. 546. Your
testimony suggests clarifying the reward provisions in the bill
to be consistent with existing policy. Does the Department of
Agriculture also support the amendments proposed by the
Department, and if your recommendations are incorporated, does
the Department of Agriculture support S. 546?
Ms. Estill. The simple answer is yes, we still haven't
worked out all of the nuances with the Department of the
Interior, but in general we have very few additions or
suggested changes in this at this point.
Senator Akaka. Thank you, Mr. Chairman.
Senator Thomas. S. 643, in addition to the Hibben Center,
this is a cooperative thing between the university and the Park
Service, is that correct?
Mr. Ross. Yes, sir.
Senator Thomas. What size of an expansion are you talking
about?
Mr. Ross. Well, Senator, this has been in the works for
some time as a means, working cooperatively with the University
of New Mexico, which was certainly facilitated by a very
generous contribution years ago by Dr. Hibben in the amount of,
I believe, $4 million to help establish this facility. The
total square footage for the Hibben Center is estimated to be
just under 40,000 square feet. Of that, the National Park
Service would be using 14,000 feet, so about, a little bit
under, I believe.
Senator Thomas. You mean after the expansion?
Mr. Ross. After the expansion, that would be the amount
that would be used by the Park Service to store archaeological
resources.
Senator Thomas. And it's managed by the university?
Mr. Ross. Yes, sir.
Senator Thomas. And we're paying 37\1/2\ percent of the
cost?
Mr. Ross. We would be paying costs associated with the
construction of that, plus funding to help with the ongoing
maintenance of that particular facility.
Senator Thomas. I see. Okay. S. 677 is the Black Canyon
National Park and Boundary Adjustment. This is a rather
significant amount of acreage--what is it, 7,000?--in the
conservation area, 7,000 acres. What does a conservation area
mean?
Mr. Ross. Well, the conservation area, I believe, is a
portion that is the component of the Bureau of Land Management
area. Is that--I'm sorry, I'm not clear on your question.
Senator Thomas. What is it? Is it like an easement? What
are the restrictions on a conservation area?
Mr. Ross. Well, you're referring, sir, to the BLM area?
Senator Thomas. Apparently, the 7,000 acres, yes, that's in
the conservation as opposed to the Black Canyon Park----
Mr. Ross. Perhaps I could call a representative of the
Bureau of Land Management to answer that particular question,
who is more familiar with that than I am.
Mr. Juen. The national conservation area is an area that is
legislated by Congress, and it has specific provisions in it
for what resources would be protected, and in there it would
identify by the specific legislation what those restrictions
would be, and what would be allowed, what activities would be
allowed.
Senator Thomas. So this is purchase of private land to be
converted to conservation?
Mr. Juen. Of that, most of that has already been acquired
through an exchange process with private landowners where an
exchange was already conducted.
Senator Thomas. I see, so what are we talking about, then,
just putting it in a category?
Mr. Juen. Including it into the national conservation area
boundary.
Senator Thomas. I see. And the 2,700 acres is in the Park
Service, then?
Mr. Ross. Yes, sir. This would involve both the
conservation area and the part administered by the National
Park Service.
Senator Thomas. This has been going on for quite a while,
hasn't it, these changes in the Black Canyon?
Mr. Ross. I believe that's correct, sir.
Senator Thomas. I remember hearing about them every year.
Okay, any questions on that one, sir?
Senator Akaka. No questions, Mr. Chairman.
Senator Thomas. I guess designation of the Kris Eggle
Center, that's simply a name change.
Mr. Ross. Yes, sir.
Senator Thomas. There doesn't seem to be any controversy
about that.
Senator Akaka. Mr. Chairman, Senator Levin has submitted a
statement in support of S. 1060, the Organ Pipe Cactus National
Monument Visitors' Center designation, which he has asked to be
included in the record.
Senator Thomas. Certainly. That will be included without
objection.
[The prepared statement of Senator Levin follows:]
Prepared Statement of Hon. Carl Levin, U.S. Senator From Michigan
I thank Senator McCain for introducing legislation (S. 1060), which
I have recently co-sponsored, that would rename the visitor center at
Organ Pipe National Monument in Arizona after Kris Eggle. As the
members of the committee are aware, Kris was fatally wounded in the
line of duty at Organ Pipe Cactus National Monument on August 9th, 2002
when he was shot trying to interdict drug traffickers. Kris was 28
years old.
Kris grew up in my home state of Michigan and graduated as
valedictorian of Cadillac High School in 1991. An All-American cross-
country runner while in high school, he attended the University of
Michigan where he graduated with honors in 1995. When speaking at his
funeral, his high school teammate Paul McMullen remarked of Kris, ``He
set the bar.''
Following graduation, Kris showed the same dedication to his job
with the National Park Service. Initially assigned to Sleeping Bear
National Lakeshore, he was reassigned to Organ Pipe Cactus National
Monument in 2000. He loved his job as a park ranger. In fact, he was so
dedicated that he once missed a function at which he was to receive an
award. He remarked, ``I want to get back to Organ Pipe. I want to get
back to my job. I want to get back to my co-workers. I want to get back
and do the job that I have been hired to do.''
Kris arrived at work on that fateful day anxious to get out and do
his job. When Mexican police reported that armed fugitives had fled
across the border into the U.S. he responded without hesitation with
three U.S. border officials. Pursuing the fugitives on foot, they were
able to apprehend one of them. However, in the attempt to catch the
other two, Eggle was ambushed and shot by one of the suspects with an
AK-47.
Much is made of the sacrifices people make for our nation. Kris
made the ultimate sacrifice. Each year, over 300,000 people travel to
Organ Pipe to view the dramatic desert wilderness. Kris perished
fighting to ensure that these visitors remain safe while they enjoy the
beauty of one of our nation's finest parks. I can think of no better
tribute to this fine young American and to the men and women like him
who work in our parks and protect our borders rededicating the visitor
center in his name. Again, I am grateful to Senator McCain for his
initiative.
Senator Thomas. This is the officer who was killed in an
illegal crossing of the border?
Mr. Ross. Yes, he was. Yes, and this has been something
that we feel would be very appropriate to his memory. We've
been in touch with his parents, who are very supportive of
this, and believe this is a great way to commemorate his
memory.
Senator Thomas. About a year ago, I believe.
Mr. Ross. Yes, sir.
Senator Thomas. The Park Service Director was in Wyoming
and had to head out for the funeral, as I recall.
Mr. Ross. I believe she was with you, sir, on the trail
ride and had to depart for the site.
Senator Thomas. Yes, that's right. Very good.
The easement to the Lewis and Clark Interpretive Center
sounds pretty reasonable. There's no question on that.
Let's see, 2003 is the Carter Woodson home. What would that
become, then? That would become a National Park Service unit?
Mr. Ross. Yes, sir, it would. If it were enacted into law,
it would become a park service unit administered by the
National Park Service.
Senator Thomas. And you're supportive of that.
Mr. Ross. No, sir.
Senator Thomas. You're not.
Mr. Ross. We support, in fact, that this is worthy of
designation, but we also recognize that we have other
commitments to deal with the operation and maintenance backlog,
and we recommend a deferral on this through the next Congress,
sir.
Senator Thomas. I see. Okay. You do have a backlog.
Mr. Ross. Yes, sir, we do have a backlog.
Senator Thomas. All right. Any question on that?
Senator Akaka. Mr. Chairman, no questions, but I would like
to do one last thing. I would like to recognize my three
interns from my office who are here in the audience from
Hawaii, and I would like to ask them to stand as I call your
name. Alyssa Ellis, Sean Tamura-Sato, and Vanessa Quiban. These
are my interns.
Thank you very much, Mr. Chairman.
Senator Thomas. Very good. We're happy to have you here.
Someone suggested we name Senator Akaka's office after you.
[Laughter.]
Senator Thomas. Okay, well, thank you for being here, and
your assistance. Any other questions, sir?
Senator Akaka. No questions.
Senator Thomas. If not, the committee is adjourned.
[Whereupon, at 3:15 p.m., the hearing was adjourned.]
APPENDIX
Additional Material Submitted for the Record
----------
Statement of Hon. Doug Bereuter, U.S. Representative From Nebraska
Chairman Thomas, Senator Akaka, and members of the Subcommittee: I
am pleased to have this opportunity to offer testimony in support of
H.R. 255. This is a non-controversial, but very necessary bill and it
has the support of the National Park Service. The legislation would
simply grant an easement to Otoe County in Nebraska allowing it to
build an access road to the Missouri River Basin Lewis and Clark
Interpretive Trails and Visitors Center which is now under construction
at a site adjacent to Nebraska City, Nebraska. The road will be built
and maintained by the county.
I originally introduced this legislation during the 107th Congress
when it became clear that the National Park Service could not grant
this easement without congressional action. Otoe County has agreed to
construct and maintain the access road. The House approved this
legislation by voice vote on May 14, 2003.
When completed, the access road facilitated by H.R. 255 will lead
visitors from the State Highway Route 2 Expressway to an outstanding
Lewis and Clark interpretive center. The center is scheduled to be
completed in early 2004 with the grand opening set on July 30, 2004,
which coincides with the Lewis and Clark signature event in Nebraska at
historic Fort Atkinson, the site of the famous ``Council Bluff'' in
Nebraska where Lewis and Clark had their first council with Native
American leaders.
I believe that passage of H.R. 255, will play a small, but vital
role in permitting ready access to the new visitors center and thus
increase the attention to the bicentennial activities. As someone with
a long-standing interest in the Expedition and a co-chair of the Lewis
and Clark Bicentennial Congressional Caucus, I encourage the
Subcommittee to act favorably and expeditiously on this bill.
______
Statement of Hon. Pete Hoekstra, U.S. Representative From Michigan
Thank you, Chairman Thomas, for allowing me to submit my testimony
to the Senate Subcommittee on National Parks on H.R. 1577, a bill to
designate the visitors' center at Organ Pipe Cactus National Monument,
Arizona, as the ``Kris Eggle Visitors' Center.''
I co-sponsored H.R. 1577 with Congressman Tom Tancredo of Colorado
to memorialize the life of Kris Eggle, a National Park Service Ranger
who was murdered last August in Organ Pipe Cactus National Monument, a
National Parks Service unit deep in the American Southwest.
The legislation designates the Organ Pipe visitors' center in Kris'
name to honor his memory and legacy.
Kris was a 28-year-old National Park Ranger assigned to Organ Pipe
at the time of his tragic death on Aug. 9, 2002, while helping to chase
two Mexican nationals suspected to killing four people over a drug
debt. Organ Pipe National Monument is considered the most dangerous
National Park Service posting, according to the July 2002 survey of
park rangers. Last year, Park Rangers seized nearly 750,000 pounds of
drugs in the park.
In February 2003, Congressman Tancredo and I visited Organ Pipe to
witness firsthand how severe conditions are at the U.S.-Mexico border
that led to Kris' death. Kris was the best of the best, graduating
valedictorian of Cadillac High School in 1991. He was an accomplished
cross-country runner at Cadillac High School and went on to be a top
cross-country runner at the University of Michigan, where he graduated
with honors in 1995.
After graduation, he chose government service as the field in which
he was to commit his life, and subsequently joined the National Parks
Service. He started at Sleeping Bear Dunes National Lakeshore, where he
served as a ranger on both North and South Manitou Island. He had been
stationed in Arizona since 2000. People who knew Kris said that he had
one of the brightest futures possible in the Parks Service.
I encourage the subcommittee to move quickly on this legislation so
that we can post this tribute to Kris at a place that was very special
to him.
Again, Chairman Thomas, thank you for your consideration of my
testimony.
______
Statement of Hon. Thomas G. Tancredo, U.S. Representative
From Colorado
Thank you for the opportunity to submit testimony to the
Subcommittee in support of both H.R. 1577, and S. 160. Both bills would
name the Visitor Center in Organ Pipe Cactus National Monument in
Arizona for Kris Eggle, a Park Ranger who lost his life in the line of
duty last summer.
I like to thank the distinguished Senator from Arizona, Mr. McCain
who has been instrumental in helping to move this legislation. I would
also like to thank Chairman Radanovich and Chairman Pombo on the House
side for their work on fixing a few technical and drafting errors in
the original version of the legislation before House passage, and I
thank Senator Thomas for his willingness to allow for consideration of
the bill today.
Mr. Chairman, Kris Eggle was a brilliant young park ranger in one
of the most beautiful units of the National Park system, when he was
killed last summer by a drug smuggler who had crossed into the United
States after committing two murders in Mexico.
Last August, Kris and three U.S. Border Patrol officers responded
after Mexican police reported that two armed fugitives had fled across
the border into the U.S. A border patrol helicopter directed Eggle and
the other officers to the location where the suspects had abandoned
their vehicle. Kris pursued the smugglers on foot, apprehending one
suspect before he was shot and killed. Kris was only 28 years old.
I have personally visited Organ Pipe Cactus National Monument on
numerous occasions, as I know Senator McCain has. And I am certain that
he would agree with me that ``Organ Pipe''--as it is often called--is
one of the most strikingly beautiful units in the National Park system.
It is, unfortunately, also one of the most dangerous.
According to the Fraternal Order of Police, it is a hotbed of
illegal activity, a major thoroughfare for illegal aliens, and an area
that is used heavily by drug smugglers. Just last year, some 200,000
illegal border-crossers and 700,000 pounds of drugs were intercepted at
the park. This constant danger is something that rangers like Kris--who
at this very moment are patrolling the vast and remote expanses of the
Monument--have unfortunately become accustomed to.
Kris, like many BLM, Parks Service, and Forest Service law
enforcement officers, was on the front lines on a battlefield we pay
far too little attention to. He gave his life in service to this
country, and we should all be proud of his heroism, and we should not
forget.
By passing this bill today, this committee can help us to both
memorialize Kris' personal sacrifice to this nation, and remind the
American people of the perils faced, and sacrifices made by those
public lands law enforcement officers who work each day to patrol our
Parks, Refuges, and Forests--particularly those located along our
increasingly dangerously porous international borders.
Thank you again, Senator Thomas and members of the subcommittee.
______
Statement of The Society of Vertebrate Paleontology, Northbrook, IL
We are very honored to testify on behalf of our more than 2000
professional and amateur members in support of S. 546, The
Paleontological Resources Preservation Act. A heightened public
interest in dinosaurs and other extinct life forms has given
paleontologists an unprecedented opportunity to share with the public
the excitement of recent advances in this fascinating science that
records the history of life on our planet. Dinosaurs and fossils are
now the window through which most young children get their first
introduction to science, inspiring a life-long interest in science.
White it is gratifying that the public has become more interested in
the history of life on our planet, and while paleontologists have been
eager to share this knowledge, heightened visibility has also led to
the increased commercialization and deliberate destruction of fossils.
This has led to a black market trade in fossils from foreign countries
(in violation of export laws) and to the theft of fossils from public
and private lands in the United States.
There are several points that should be made regarding S. 546.
First, the bill does not change any current aspect of access to fossils
on public lands on the part of amateurs, educators, or professional
scientists. It does codify into uniform guidelines current land
management authority and practice. What it does do is increase the
awareness of the cooperative spirit of amateurs and professionals and
provides for stronger penalties for those who would destroy or
permanently remove valuable fossils from our public heritage. The bill
has no impact on private lands or on privately owned fossils. The bill
essentially raises the ethical awareness and standards for preserving
fossils that come from public lands. The legislation would adopt the
basic principles endorsed by an interagency report requested by
Congress published in 2000, ``Report of the Secretary of Interior:
Fossils on Federal and Indian Lands.''
We do need stronger penalties for theft and destruction of fossils
from public lands. Sadly, some of the most egregious cases of theft and
vandalism have occurred on federal lands belonging to all Americans.
In 1991, the BLM discovered an illegal commercial collection taking
place on federal land. The BLM contacted the Museum of the Rockies at
Montana State University Bozeman and asked them to collect the specimen
and hold it in the public trust. As a result of this, the most complete
Allosaurus ever found, which this commercial collector intended to sell
to a private collector overseas, now has been save for all the people
of the United States. As a result of careful analysis of injuries
sustained by this dinosaur and preserved in the bones, this particular
specimen has yielded a treasure trove of information about how
Allosaurus lived. The commercial collector, who had attempted to steal
this fossil and the information it tells us, was never prosecuted.
Unfortunately, the American people were much less fortunate in the
case of another Allosaurus find. In a case filed in court last fall
prosecutors alleged that an Allosaurus skeleton was stolen from federal
land southeast of Freemont Junction, Utah and sold to a Japanese buyer
for $400,000. A BLM official stated at the time of the filing of the
complaint that ``Because it was crudely collected, we have lost any
chance to study the way the skeleton lay in the ground, how it was
buried, what happened to it after death, and other plants or animals
that may have been buried with it. We have lost a priceless piece of
America's natural heritage.'' According to allegations in the still
pending civil complaint, Barry James was contacted by Rocky Barney of
Richfield, Utah. Barney told James he had found what appeared to be an
Allosaurus on federal land. Barney asked James if he would be
interested in buying the Allosaurus. James told Barney he would be
interested in buying the fossil and offered advice on how to excavate
the dinosaur. James privately told Brown that while it was illegal to
remove a fossil from federal land, it was worth the risk. If caught,
they would only receive a ``slap on the wrist,'' the complaint charges.
(BLM, 2001)
The rapidly increasing commercial value of fossils has created a
situation where the limited penalties that exist are not sufficient to
deter illegal collecting. In the Report ``Fossils on Federal and Indian
Lands'' it was noted that ``the fines currently imposed on fossil
thieves are usually low compared to the lost resources. For example,
one man who had stolen fossils from a national park over a period of
years was fined a total of $50.'' (Babbitt, 2000 p. 29)
In many cases the theft of fossils is which is occurs is so
widespread and occurring so rapidly that we do not even know what is
being lost. In a study commissioned by the Forest Service, it was found
that almost one-third of the paleontological sites surveyed in the
Oglala National Grassland showed evidence of unauthorized collecting.
In 1999, the National Park Service identified 721 documented incidents
of paleontological resource theft or vandalism, many involving many
specimens, in the national parks between 1995 and 1998. (Babbitt, 2000
p. 28)
The increased commercial market for fossils worldwide has sometimes
led to distortion of the fossil record. In some cases fossils have been
altered in order to inflate their commercial value. And we have lost
significant specimens from further scientific investigation and
exhibit, making it harder for people to see and examine for themselves
the authentic objects in our museums. It is critical that
scientifically significant fossils from federal lands, i.e. that
portion of the fossil record that belongs to the American people,
remain in the public domain so that everyone--children and adults,
amateur and professional paleontologists may benefit from this
irreplaceable resource.
The fossil record is our only way of learning about the history of
past life on our planet, and it is important for all Americans to have
the opportunity to learn from this record. We have talked with many
scientists in various disciplines, and it is amazing how many first
became interested in science through their interest in dinosaurs and
other fossils. For this reason we are happy to see that S. 546 calls
for the establishment of a program to increase public awareness about
the significance of paleontological resources. As we confront important
public policy issues including global climate change and the extinction
of countless species of animals and plants the fossil record pro-ides a
critical historical basis to help guide our decisions.
We would like to share a little bit of information with you about
how paleontological research is done and why this legislation is
essential to ensuring maximal public benefit from this research.
Many kinds of fossils, including those of most vertebrates
(backboned animals), are rare for several reasons. Many organisms are
not readily preserved as fossils because they do not have hard parts.
Only rather unusual sedimentary rock environments preserve soft parts
long enough to become fossilized. Also, organisms can only be preserved
where sediments accumulate at a fairly high rate. Most organic remains
are not buried fast enough to contribute to the fossil record.
Vertebrate fossils are much less common than invertebrate and plant
fossils across all sedimentary rocks. Although we are fortunate to have
some exceptions, spectacular deposits of diverse and complete organisms
are rare over the history of the earth. The majority of fossil
vertebrate species are extremely rare or are represented by a single
unique specimen. For these reasons the chances of any vertebrate
becoming a fossil are very small. Thus, individual vertebrate fossils
are extremely valuable as bearers of information about the past.
Furthermore, fossils of extinct groups are not renewable. More fossils
will be discovered and collected, but always from a finite supply.
Importantly; more than 99% of all life-forms that have ever lived on
Earth are already extinct and are only known by fossils.
The rocks in which the fossils are found provide information about
ancient environments and their climates, the age of the fossils,
position in a historical sequence, and paleogeographic location. Fossil
assemblages provide information about ecological interactions and
communities.
A fossil collected without this information has lost much of its
value, and we know little more than that this animal lived and died. In
contrast, when contextual data are collected and studied, we begin to
understand how the animal lived and its place in the balance of nature.
As paleontologists and geologists learn more ways to interpret ancient
environments and ecological communities from fossil assemblages in
their original context, this information becomes more and more valuable
and important. These contextual data allow us to bring these animals to
life for ten of millions of visitors to our museums and to the many
young children who have hands-on experience with original specimens.
The understanding of evolutionary processes and relationships comes
primarily from comparing the skeletons from different animals to each
other. In order to do this; researchers must be able to compare new
specimens with those previously unearthed. Oftentimes a new analysis
many years later shows our earlier understanding was incomplete or
mistaken. For example, when Dr. John Ostrom was doing research on
Deinonychus, a dinosaur similar to the Velociraptor popularized in
Jurassic Park, he found that a specimen thought to be a carnivorous
dinosaur was actually the rare early bird Archaeopteryx. Ostrom's
research was critical in establishing the link between dinosaurs and
birds that became a proudly recited fact for every young dinosaur
aficionado. Only when specimens are properly collected and permanently
preserved in public institutions can researchers access these specimens
in order to make these comparisons. And when these comparisons and
interpretations are made, education and the general public greatly
benefit by having access to this new interpretive knowledge through
media reports, books, and the Internet.
Several years ago, the Society of Vertebrate Paleontology (SVP)
added a Statement of Ethics to our bylaws to help the society and its
members handle ethical issues such as those raised by increasing
commercialization. Ted Vlamis, an SVP member and amateur
paleontologist, summarized the SVP Ethics Statement and a subsequent
Joint Position Statement by the Paleontological Society as follows:
``The SVP Ethics Statement contains several principles that are
particularly noteworthy for their public policy implications. It begins
by recognizing that vertebrate fossils are usually unique or rare, and
that they are part of our natural heritage. The Ethics Statement
assigns to vertebrate paleontologists the responsibility of ensuring
that pertinent detailed contextual data are recorded when vertebrate
fossils are collected and notes that collection and preparation should
be done by properly trained personnel. The importance of proper
curation and the assurance of access for future researchers are
recognized by the Ethics Statements' provision that scientifically
significant vertebrate specimens should be curated and accessioned in
institutions charged in perpetuity with conserving fossil vertebrates
for scientific study and education. The Ethics Statement further
recognizes the responsibility of paleontologists to expeditiously
disseminate information to other paleontologists and to the general
public. Perhaps the most important part of the SVP Ethics Statement
from a public policy perspective is the conclusion that ``The barter,
sale, or purchase of scientifically significant vertebrate fossils is
not condoned unless it brings them into, or keeps them within, a public
trust'' (SVP, 1994).
In order to ensure that the SVP's public policy recommendations and
initiatives regarding fossils on federal lands were also reflective of
the wider paleontological community, the SVP initiated a dialogue with
the Paleontological Society. Together these two scientific societies
include several thousand individuals, representing more than 94% of
professional paleontologists and a very large proportion of amateur
paleontologists. This dialogue culminated in 1999 when the two
societies issued the joint position statement Paleontological Resources
on U.S. Public Lands. The PS-SVP joint statement advocates public
policy which, like the SVP Ethics Statement, recognizes that fossils
are part of our scientific and natural heritage. It goes on to find
that fossils on public lands belong to all the people of the United
States and that, as such, they need special protection, and should not
be collected for commercial purposes. The joint statement concludes
that the two societies strongly support actions which ``protect fossils
on public lands as finite natural resources; encourage responsible
stewardship of fossils for educational, recreational, and scientific
purposes; promote legitimate access to, and responsible enjoyment of,
paleontological resources on public lands by the public and amateur
paleontologists for personal use, and by the professional
paleontological community, including professional paleontologists from
outside the U.S.; and bring fossils from public lands into public
institutions where they are available for purposes of education and
scientific research'' (PS and SVP, 1999).'' (Summary from Vlamis, 2001)
Similarly, support comes from the American people for the
provisions of S. 546. A survey of American public opinion was conducted
in 1995 by Steve Gittleman of MKTG, Inc., a market research firm that
has conducted over 10,000 studies since its founding in 1979. This
survey of 300 American adults analyzed public responses both to a
hypothetical situation involving the discovery of a fossil, and to a
series of more general questions pertaining to fossils. A random
calling program was utilized which gave every telephone in the US the
same probability of being called. The survey results have an accuracy
rate of +/-7%.
Several key points that demonstrate public support for the
principles embodied in S. 546. 85.3 percent agreed with the statement
that that ``Fossils of animals with backbones are part of our national
heritage and should be protected in much the same way that
archeological remains (human artifacts) are now protected''; and, 88.0
percent agreed that ``If laws are created to restrict the collection of
fossils on public lands, the only people who should be allowed to
collect them are people with appropriate skills for doing so and with a
permit for that purpose. All the fossils that they find should go into
museums and universities prepared to protect them'' (Vlamis, 2001). The
American people want our natural heritage preserved as a national
treasure.
The membership of the SVP includes amateur as well as professional
paleontologists, and fostering cooperation between these groups is a
major mission of the SVP. We are pleased that S. 546 puts no new
restrictions on amateur fossil collecting on federal lands--everything
an amateur collector can legally do today would still be legal after
the passage of S. 546. The Denver Museum of Nature and Science offers
an example of the substantial cooperation that exists among scientists
and amateurs. More than several hundred amateur volunteers devote over
30,000 hours each year of their time to that institution. They have
collected literally thousands of specimens from public lands that have
allowed our collections to grow significantly, enabling more scientific
study and public awareness of paleontology. Last year alone more than a
dozen of these volunteers either published a scientific paper on
fossils in a peer-reviewed scientific journal or presented a paper at
an annual meeting of a professional scientific society. Some of these
amateurs also published on an entirely new dinosaur species previously
undiscovered.
In a poll taken in 1991 of America's major museums, more than 49%
of the 1.8 million specimens of dinosaurs and other fossil vertebrates
in their collections were from public lands. Of the overall total,
amateurs had donated more than 100,000 specimens to museums and
significantly less than 1% of the specimens came from commercial
collectors (Stucky and Ware, 1991).
I spoke earlier of some major problems that are occurring because
of the lack of a law like S. 546. I would like to conclude by telling
you about one example of the kind of cooperation between federal
agencies and paleontologists. Dinosaur paleontologist Jack Homer of the
Museum of the Rockies at Montana State University, Bozeman, is in the
fourth year of a field study in the Charles M. Russell National
Wildlife Refuge in eastern Montana. To date eight Tyrannosaurus rex
skeletons have been discovered. The field study is yielding valuable
information about this most famous of the dinosaurs and the environment
in which it lived. The work of the Museum of the Rockies has made it
possible for the National Museum of Natural History, Smithsonian
Institution, to collect one of these specimens. Thus, our National
Museum will be able to display an actual specimen of this celebrated
American dinosaur for the first time. The passage of S. 546 will foster
more and more opportunities like this and inspire the long-term
preservation of these priceless national resources.
References
Bureau of Land Management. Press Release dated September 4, 2001
Babbitt, B. 2000. Report of the Secretary of the Interior: Fossils
on Federal and Indian Lands
Paleontological Society and Society of Vertebrate Paleontology.
1999. Joint Position Statement by The Paleontological Society and The
Society of Vertebrate Paleontology on Paleontological Resources on U.S.
Public Lands
Society of Vertebrate Paleontology. 1994. Bylaws, Article 9
Stucky, R.K., and S. Ware. 1991. Questionnaire concerning fossil
collecting on Federal Lands. DMNH, Denver.
Vlamis, T.J., 2001, in Proceedings of the 6th Fossil Resource
Conference Santucci, V.L. and McClelland, L. (eds) Geologic Resources
Division Technical Report NPS/NRGRD/GRDTR-01/O1 September 2001
Appendix 1
SOCIETY OF VERTEBRATE PALEONTOLOGY BY-LAW ON ETHICS
Article 9. Statement of Ethics.
Several goals for the Society of Vertebrate Paleontology follow
from its mission statement (Constitution Article 1): to discover,
conserve, and protect vertebrate fossils and to foster the scientific,
educational, and personal appreciation and understanding of them by
amateur, student and professional paleontologists, as well as the
general public. Fossil vertebrates are usually unique or rare,
nonrenewable scientific and educational resources that, along with
their accompanying contextual data, constitute part of our natural
heritage. They provide data by which the history of vertebrate life on
earth may be reconstructed and are one of the primary means of studying
evolutionary patterns and processes as well as environmental change.
It is the responsibility of vertebrate paleontologists to strive to
ensure that vertebrate fossils are collected in a professional manner,
which includes the detailed recording of pertinent contextual data
(e.g. geographic, stratigraphic, sedimentologic, taphonomic).
It is the responsibility of vertebrate paleontologists to assist
government agencies in the development of management policies and
regulations pertinent to the collection of vertebrate fossils, and to
comply with those policies and regulations during and after collection.
Necessary permits on all lands administered by federal, state, and
local governments, whether domestic or foreign, must be obtained from
the appropriate agency(ies) before fossil vertebrates are collected.
Collecting fossils on private lands must only be done with the
landowner's consent.
Fossil vertebrate specimens should be prepared by, or under the
supervision of, trained personnel.
Scientifically significant fossil vertebrate specimens, along with
ancillary data, should be curated and accessioned in the collections of
repositories charged in perpetuity with conserving fossil vertebrates
for scientific study and education (e.g. accredited museums,
universities, colleges, and other educational institutions)--
Information about vertebrate fossils and their accompanying data
should be disseminated expeditiously to both scientific community and
interested general public.
The barter, sale, or purchase of scientifically significant
vertebrate fossils is not condoned unless it brings them into, or keeps
them within, a public trust. Any other trade or commerce in
scientifically significant vertebrate fossils is inconsistent with the
foregoing, in that it deprives both the public and professionals of
important specimens, which are part of our natural heritage.
Appendix 2
JOINT POSITION STATEMENT BY THE PALEONTOLOGICAL SOCIETY AND THE SOCIETY
OF VERTEBRATE PALEONTOLOGY ON PALEONTOLOGICAL RESOURCES ON U.S. PUBLIC
LANDS
The Paleontological Society and The Society of Vertebrate
Paleontology are committed to increasing scientific knowledge,
educational benefits, and appreciation of the natural world based on
fossils--for everyone--child or adult, the general public, or amateur
or professional paleontologists. Fossils are an invaluable part of our
scientific and natural heritage. They yield detailed information about
the history, if life and of our planet, and provide lessons for the
modern world and our future.
Many important fossil localities occur on U.S. public lands and
belong to all people of the United States, including future
generations. The Society of Vertebrate Paleontology and The
Paleontological Society therefore support the development of policies
and practices that can be used by different federal agencies to
regulate the collection of fossils on U.S. public lands in an
appropriate, clear and consistent manner.
Many fossils are common (for example, many non-vertebrate fossils)
and should be allowed to be collected--in a responsible way--by any
amateur or professional paleontologist, thus allowing them to
experience and benefit from the excitement of discovery, recovery,
identification and study. In particular, because of the benefits that
derive from increased public appreciation of fossils, it is important
that the participation of amateurs in paleontology is not discouraged
by Federal policies and practices.
Other fossils are rare (for example, many vertebrate fossils and
some non-vertebrate fossils), and require special protection,
especially from destruction by vandalism or commercial exploitation. In
particular, because of the dangers of overexploitation and the
potential loss of irreplaceable scientific information, commercial
collecting of fossil vertebrates on public lands should be prohibited,
as in current regulations and policies. The commercial collecting of
other paleontological resources on U.S. public lands should be strictly
regulated by permit through the appropriate land management agencies.
Regulations and polices regarding the collection of paleontological
resources from U.S. public lands should be strictly enforced.
In this context, the Council of The Paleontological Society and the
Executive Committee of The Society of Vertebrate Paleontology strongly
support actions that:
i) protect fossils on public lands as finite natural
resources,
ii) encourage responsible stewardship of fossils for
educational, recreational, and scientific purposes,
iii) promote legitimate access to, and responsible enjoyment
of, paleontological resources on public lands by the public and
amateur paleontologists for personal use, and by the
professional paleontological community, including professional
paleontologists from outside the U.S.; and
iv) bring fossils from public lands into public institutions
where they are available for purposes of education and
scientific research.
______
American Association of Museums,
Washington, DC, June 9, 2003.
Hon. Craig Thomas,
Chairman, Subcommittee on National Parks, Committee on Energy and
Natural Resources, U.S. Senate, Washington, DC.
Hon. Daniel K. Akaka,
Ranking Member, Subcommittee on National Parks, Committee on Energy and
Natural Resources, U.S. Senate, Washington, DC.
Dear Chairman Thomas and Senator Akaka: On behalf of the members of
the American Association of Museums which include nearly 3,000 museums
and more than 10,000 museum professionals, I am writing to strongly
support the passage of S. 546, the Paleontological Resources
Preservation Act (PRPA).
Paleontology, like all sciences, requires that its methodology and
results be repeatable and testable. For observations on fossil
specimens and their geological context, this can only be done when
significant fossils upon which those observations are based are placed
in a public repository (museum or university) allowing access to all
citizens and researchers.
The PRPA ensures that publicly owned fossils and their data are
collected responsibly and maintained within the public trust. It
further ensures that the American public will continue to benefit form
the scientific advances made from these materials in understanding the
history of life on this planet. Spectacular and educationally
significant public specimens will continue to be exhibited in museums
for all to enjoy.
Theft of fossils from public lands by unscrupulous individuals and
groups for commercial exploitation is seriously eroding the ability of
our nation's museums to educate the American people and to preserve our
natural heritage for future generations.
This bill is the long-needed tool to protect this ability. I urge
you and your colleagues to support this important legislation.
Sincerely,
Edward H. Able, Jr.
President and CEO.
______
Dry Dredgers, Inc.,
Department of Geology,
Cincinnati, OH, June 5, 2003.
Hon. Craig Thomas,
Chairman, Subcommittee on National Parks.
As amateur paleontologists as well as officers of one of the oldest
and largest associations dedicated to fossil collecting in the United
States, we, the undersigned, wholly support the passage of S. 546, the
``Paleontological Resources Preservation Act'', a bill introduced March
6, 2003 into the Senate of the United States by Senators Akaka, Baucus,
Campbell, Durbin, Feinstein, Roberts, and Leahy.
The proposed legislation addresses issues of great concern to our
members, notably the protection of paleontological resources on Federal
lands, the systematic compilation of paleontological data, science-
based decision making, and accurate public education.
America's fossils are non-renewable, they have scientific and
educational value, and there is intellectual content inherent in them
that cannot be mined for profit as one might do with oil and other
mineral resources. America's public paleontology resources require
responsible stewardship and long-term preservation. The proposed
legislation provides for such stewardship.
We strongly encourage the passage of this act.
John Tate
Greg Hand
______
Cincinnati Museum Center,
Cinncinnati, OH, June 5, 2003.
Senator Craig Thomas,
Chairman, Senate Subcommittee on National Parks.
Dear Senator and colleagues: As a professional paleontologist with
an active interest in the rights and responsibilities of amateur
paleontologists, I'm writing to say that S. 546, the ``Paleontological
Resources Preservation Act'', is finally the bill that addresses all of
our needs and the one that we can, and must, all support. I'll say it
up front:
EVERYTHING THAT CAN BE DONE LEGALLY ON FEDERAL LAND TODAY, WILL BE
ALLOWABLE AFTER THE PASSAGE OF THIS BILL!
That's it in a nutshell. No one should be afraid of this
legislation unless they plan to steal the natural heritage of the
people of the United States. It does NOT effect private land. It does
NOT effect private collections. It does NOT restrict individual rights
or freedoms. It REAFFIRMS that rare and scientifically significant
paleontological resources in the public domain should remain the
property of all Americans and thus be available for our children and
for future generations. Only the illegal exploitation of public
property is proscribed. Period.
What does this bill do for the amateur community? Plenty. It
encourages the participation of amateurs in the stewardship of fossil
treasures. It reaffirms their right, and maximizes their opportunity,
to collect rocks, minerals, and common fossil invertebrates and plants
on public lands where they may do so today. It lays out a uniform
policy that lets all collectors know just where they stand in regard to
the law, rather than their being faced with a multitude of complex and
confusing policies from each federal land management agency. It also
fosters paleontological education at all levels. We can all be happy
with these provisions.
What does it do to protect rare fossils? It ensures that they will
be collected under permit by responsible parties, both amateur and
professional, and be reposited in public collections, just as is
required today. It mandates that federal managers use appropriate care
to inventory and monitor these resources for scientific and educational
use. It requires them to increase public awareness of our fossil
heritage. Just as archaeologists are consulted for archaeological
resources, so now paleontologists, professional and amateur alike, will
be consulted for the management of public fossil resources.
Partnerships with the general public are to be encouraged. Again, these
are all good things for everyone.
______
Cincinnati Museum Center,
Cinncinnati, OH, June 5, 2003.
Why is this bill needed? Firstly, to achieve all of the aims listed
above. Secondly, because the theft of our country's public fossil
heritage is growing and nonrenewable public resources are increasingly
at risk. We all know stories of fossils commanding growing prices on
the commercial market. Sadly, this is also driving a thriving black
market. Fossils on public lands belong to you and me. We cannot allow
them to be lost to us through theft, and increasingly, stories about
high prices for fossils include stories of their theft from public
lands.
Let me emphasize that this is NOT a bill to outlaw the sale of
fossils. There is a legitimate place for commercial collecting and for
the sale, barter, trade, and private ownership of fossils. Equally,
there are stories of the great scientific and educational role that
amateur and commercial collectors have played, and continue to play,
for the good of paleontology. I applaud this role and expect that it
will continue. This bill encourages partnership between all sectors of
the community. The collecting and sale of fossils from private land is
NOT effected.
However, the bill does ensure that fossils in the public domain,
those that now belong to you and me, and to our children and future
generations, will continue to belong to everyone. I greatly feel this
need. Responsible dealers and collectors, i.e. the majority of
paleontology ``enthusiasts'', for I prefer the original French meaning
of ``amateur''--one with a passion or love for a subject, feel the same
way.
Fossils are non-renewable--they can't be grown like forests.
Fossils have scientific and educational value--there is intellectual
content inherent in them that cannot be mined for profit as one might
do with oil and other mineral resources. Public paleontology resources
require responsible stewardship and long-term preservation. They need
protection from theft and exploitation. Fossil enthusiasts of all
levels of experience must have their rights protected and enthusiasm
encouraged. The ``Paleontological Resources Preservation Act'' does
just that. Please join me in supporting it.
Sincerely,
Glenn W. Storrs, Ph.D.,
Director of Science Research
&
Withrow Farny Curator of
Vertebrate Paleontology.
______
Western Interior Paleontological Society,
Denver, CO, June 10, 2003.
Hon. Craig Thomas,
Chairman, Subcommittee on National Parks.
Dear Sir: As President of the Western Interior Paleontological
Society, I would like to express, on behalf of the over 300 members,
our support of Senate Bill S. 546, the Paleontological Resources Act.
We, as amateur collectors, strongly believe that strengthening laws
pertaining to collecting vertebrate paleontological materials is
important because it preserves those resources for all Americans and
discourages the poaching of those materials for personal gain.
Sincerely,
Louis H. Taylor, First Vice
President
for Thomas C. Nolan, President.
______
Western Interior Paleontological Society,
Denver, CO, June 9, 2003.
Hon. Craig Thomas,
Chairman, Subcommittee on National Parks.
As the immediate Past President of Western Interior Paleontological
Society in Denver, Colorado, please put me on record of being very much
in favor of S. 546.
I believe this is good and needed legislation and hope the hearing
regarding this matter will be positive by the Senate committee on June
10, 2003.
David J. Warren