Waco Mammoth National Monument Establishment Act of 2009

I thank the gentlewoman from Guam.

Mr. Speaker, for over 60,000 years Mother Nature preserved a unique site in the world known as the Waco Mammoth Site. Now it is our responsibility to be good stewards of this historic site. Located in my hometown of Waco, Texas, the site represents the only recorded instance of a nursery herd of Pleistocene-era mammoths in the United States. It is the largest known concentration in North America and possibly the world of Pleistocene-era Columbian mammoths, dying from possibly the same event some 68,000 years ago.

According to the Department of the Interior, the Waco Mammoth Site is a national treasure. That is why, after an extensive study, it recommended that the site be designated a national monument and made a part of the National Park System. My bill, H.R. 1376, would put into effect the Department of Interior recommendations. Specifically, the Waco Mammoth National Monument Establishment Act of 2009 will establish in Texas the Waco Mammoth National Monument as a unit within the National Park System. It would authorize the construction of administration and visitor use facilities on the site and instruct the Secretary of the Interior to prepare a management plan for the monument in consultation with Baylor University and the City of Waco. The National Park Service recommended that the most effective and efficient approach for ensuring the long-term protection of the site and maximizing opportunities for public enjoyment and education would be for the National Park Service to lead a partnership with the City of Waco and Baylor University. Under this arrangement, the National Park Service would take the lead responsibility for the protection, scientific study, and visitor enjoyment of the site while enlisting partners in this effort. The partners would take the responsibility for initiating additional recreational and educational opportunities at the site.

First discovered in 1978, the Waco Mammoth Site is a unique find of national and international importance. To date, 24 Columbian mammoths, including articulated skeletons, a giant tortoise and a camel, have been discovered; and the potential for future mammoth discoveries is high with research activities ongoing at the 109-acre site. It has become an area of significant study within the archaeological community and, as living history, has the capacity to serve as an educational resource for people of all ages for generations to come.

For nearly a decade, I have been proud to join with and support the efforts of the City of Waco, Baylor University and the Waco Mammoth Foundation to fulfill our dream of having the Waco Mammoth Site become a national monument, enjoying the ranks of American national monuments such as the Statue of Liberty. As with all positive accomplishments in life, this project has been a team effort. I especially want to salute the citizens of Waco for their vision, their dedication and generosity in supporting this project.

I can still remember, Mr. Speaker, my friend Sam Jack McGlasson standing in my driveway in the 1990s, telling me about this site for the very first time. While he and Liz are no longer with us, their vision and donation of land started us down this path over a decade ago, a path envisioned by them and former Baylor professor Calvin Smith. I remember Buddy Bostick, an early contributor to this project, telling me that we had a moral obligation to preserve for future generations what Mother Nature had protected for thousands of years. That led to my passing legislation in 2002 to have a resource study done by the Department of Interior and to later passing $400,000 in seed money for the project. When this project was bogged down a few years ago, I remember Pastor John Wood, my father-in-law, holding a meeting at his home which resulted in a renewed focus to get things moving forward. With the incredible leadership of Gloria Young, Waco's citizens raised over $3 million of their own money to start building a permanent protective structure so that rains and floods would not ruin this site forever. Citizens such as Gloria and F.M. Young, Paul and Jane Meyer, Gayle Lacy, Tommye Lou Davis, Karla Leeper, Don Moes and others have given generously of their own time and their resources to protect this unique, historic site for the citizens of our country and the world. That is the kind of spirit of giving that makes me proud to call Waco my home.

This bill would not be on the House floor today were it not for the tremendous bipartisan efforts of so many. With apologies to anyone whose name I do not mention, I must especially thank and congratulate Waco Mayor Virginia DuPuy, City Manager Larry Groth and his staff, and Ellie Caston at Baylor University and everyone at Baylor who worked with her. Their efforts have been tireless over many

years and instrumental to the project's success. Hardworking Federal employees, who often do not get thanked, deserve our gratitude for the role they have played in doing the Federal resource study. So thanks go to those at the National Park Service and the Department of the Interior for whom protecting special national resources is not a job but a labor of love. Last, but certainly not least, I want to express my appreciation to Natural Resources Committee Chairman Nick Rahall and his ranking member, Doc Hastings, notwithstanding the legitimate principled question that he raised a minute ago, which I will address in just a moment. I also want to thank Raul Grijalva and Rob Bishop, the chairman and ranking member of the National Parks, Forests and Public Lands Subcommittee. Without their support, this bill's passage would not be possible; and I thank them for protecting America's natural resources.

Mr. Speaker, what excites me the most is knowing that generations of school children will learn firsthand at the Waco Mammoth Site about science and natural history. It will be an outdoor classroom where children can discover the richness of God's world in which we all live. At this unique site in the world, they can find that learning can be fun and a life-long adventure. When children and parents of all ages visit Waco and see the bull mammoth desperately trying to push its calf above the raging storm waters 68,000 years ago, we will all be touched by knowing that the power of parental instinct is a common bond of mankind and Mother Nature. For the benefit of future generations, I ask that my colleagues join with me in supporting H.R. 1376.

Mr. Speaker, since I was not fully aware of Mr. Hastings' principled questions about this, I would just add a comment or two about that. I have been a long-standing supporter of private property rights. That's why I think that the question he has raised is a very principled one. What I can say to the gentleman is that this has been supported by Democrats and Republicans; and to my knowledge, over a period of 10 years, along with the support of Baylor University and the City of Waco and our community leaders, there has not been a controversy about private property being encroached upon by this project. I would just say to the gentleman, if there is any way he could bring himself to support this bill, I would, in good faith before we move forward in the Senate, sit down with him and discuss how we could address this issue.

I would be glad to yield to the gentleman.

To respond, if I could say to the gentleman, again, I have worked consistently. I may not be from the West. I am from the Southwest, though, and private property rights are a fundamental value in my district. Again, I can assure the gentleman, I have worked for 10 years on this project, again, with leading community leaders, elected officials at the city and county level, Judge Lewis and County Commissioners' Court even contributed $100,000 of public money to this project along with the $3 million in private money we raised. It's been on the front wages of the Waco newspaper for years. This is the first time I have heard about any potential controversy regarding a buffer zone.

I do respect and understand the gentleman's concern about national policy. Can I ask, have you heard from individuals from Waco in terms of specific concerns about this bill?

I would be glad to.

I will just say, Mr. Speaker, I respect the gentleman's questions. I certainly respect his concerns about protecting private property rights. I would just urge my colleagues-- with respect to the questions he has raised--I would urge them because of the decade-long support and in my community--and this site is in my district--the broad bipartisan support for this bill, the many reasons I have mentioned in my floor statement why this bill needs to become law, and the sooner the better. Mother Nature has protected this for over 60,000 years. There is risk of rains and--well, we're in the middle of a drought right now. Sometimes we have counties with drought and flood relief requests in at the same time. A massive flood in this area could put the entire project and all of its treasures at risk. I would plead with the gentleman, to either himself or his colleagues, to find a way to support this bill and let's find a way to work together, which I would be glad to do as this bill goes to the Senate.

I thank the gentleman again for his principled questions raised. I look forward to working with him. I would just ask my colleagues, both Republican and Democratic alike, since this bill is on the suspension calendar today and requires a super majority to pass, I'd ask my colleagues to respect the wishes of the citizens of my hometown of Waco who've worked on a completely bipartisan and nonpartisan basis for over a decade and been looking forward to this bill passing today.

And my commitment to the gentleman will be to work in good faith as this bill goes to the Senate to try to address, if there are local concerns in our areas about buffer zones and protecting private property rights, I'd welcome partnering with the gentleman for that purpose.

Mr. Speaker, I yield myself as much time as I may consume.

Mr. Speaker, H.R. 1376 would designate a national monument in the middle of the city of Waco in Texas. I do not necessarily oppose the designation, but I do oppose the legislation as it is written because it lacks language protecting the property rights on lands adjacent to the monument. The National Park Service has a history of interfering with the use of lands it does not own. During the committee markup, Congressman Rob Bishop of Utah offered a commonsense amendment that limited the Park Service's control to the boundaries of the proposed monument and prohibited the Park Service from designating buffer zones on private lands. The chairman of the subcommittee opposed the amendment, stating that the concept of buffer zones did not exist and was nowhere to be found in law. However, a quick search of the Park Service's own Web site finds 78 references to buffer zones, including references in Federal law. The amendment that was offered by Mr. Bishop was narrowly defeated by a 22-20 vote, largely along party lines. So without language protecting private landowners adjacent to the monument, which includes homeowners, farmers and, for that matter, even Baylor University, passing this legislation would be, in my view, irresponsible. This is not just a vague hypothetical concern. In the Park Service's own study, recommending the designation of the Waco monument, the issue of controlling neighboring lands through local zoning is specifically mentioned; and the door is left open for the Park Service to push for restrictions on adjacent private property. That's the part that concerns me with this legislation.

Mr. Speaker, I urge a ``no'' vote on H.R. 1376 until language is added protecting property rights in the buffer zone.

With that, I reserve the balance of my time.

Will the gentleman yield?

I appreciate the gentleman yielding. As I mentioned in my opening remarks, I have no problem with the designation. I thought you described it very, very well. You've heard those of us from the West talk about private property rights, like these things only happen in the western part of the United States. But examples like these where these buffer zones have infringed on priority property rights, as a matter of fact, have happened all over the United States, in Michigan, obviously in the West, and even in the Smoky Mountains here in the eastern part of the United States. I know the gentleman is sensitive to that. I was disappointed that the amendment failed by a very close margin. But the reason that was offered for why it didn't pass was because there is no precedence in law. In fact, there is precedence in law.

I suspect your legislation is going to pass on its merits, notwithstanding my opposition to it. But I would certainly advise the gentleman as this process moves forward to look at this very closely because this is not an isolated example. And I know that that would be an unintended consequence of what you intended with this, especially as I understand this legislation sitting in Waco.

If the gentleman would yield.

No. I have to say, I have not. Now having said that, there may be somebody on the staff that has. I can tell the gentleman that I have not heard specifically on this. But I just want to point out, there are examples of this in other parts of the country. Again, something that was not anticipated but, in fact, there was an infringement on those private property rights.

I just want to make the point that this bill was marked up in July and, as I mentioned in my opening statement, there was an amendment that was offered, so the issue has been known. But like I say, this Member has not heard directly from people in Waco, but maybe others have. But again, I was talking in a larger sense, because we've seen examples of this in other parts of the country.

So I thank the gentleman for yielding.

Mr. Speaker, again, I yield myself as much time as I may consume.

I've talked about this and it is a legitimate concern.

And so I would inquire of the gentlelady from Guam if she has anymore speakers.

If there are no more requests for time, Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1376) to authorize the Secretary of the Interior to establish the Waco Mammoth National Monument in the State of Texas, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, H.R. 1376, introduced by our colleague Chet Edwards, will establish a new national monument to protect the burial site near Waco, Texas, of several herds of mammoths that appear to have died in one or more floods some 68,000 years ago. The 107th Congress authorized a study of the site, and H.R. 1376 implements the results of that study. Specifically, the bill provides that the 109- acre site be managed under a cooperative agreement among the National Park Service, Baylor University and the City of Waco. Representative Edwards has been a tireless advocate on behalf of the preservation and interpretation of this invaluable historic site. He is to be commended for his tireless efforts. I ask my colleagues to support the passage of this measure.

I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to the sponsor of the bill, the gentleman from Texas (Mr. Edwards).

Mr. Speaker, I have no additional requests for time, and I would inquire of the minority whether they have any additional speakers.

Mr. Speaker, I again urge Members to support the bill, and I yield back the balance of my time.

Madam Speaker, on Monday, July 27, 2009, I was returning from a congressional delegation to Iraq and Israel and regrettably missed three recorded votes. Had I been present, I would have voted as follows:

On rollcall No. 647, on the motion to suspend the rules and agree to H. Res. 593, Recognizing and celebrating the 50th anniversary of the entry of Hawaii into the Union as the 50th State, I would have voted ``yea'';

On rollcall No. 648, on the motion to suspend the rules and agree to H.R. 1376, the Waco Mammoth National Monument Establishment Act of 2009, I would have voted ``yea'';

On rollcall No. 649, on the motion to suspend the rules and agree to H.R. 1121, the Blue Ridge Parkway and Town of Blowing Rock Land Exchange Act of 2009, I would have voted ``yea.''

Madam Speaker, I was unable to cast votes on the following legislative measures on July 27, 2009. If I were present for rollcall votes, I would have voted yea on each of the following:

Roll 647, July 27, 2009: On Motion to Suspend the Rules and Agree, as Amended: H. Res. 593, Recognizing and celebrating the 50th Anniversary of the entry of Hawaii into the Union as the 50th State

Roll 648, July 27, 2009: On Motion to Suspend the Rules and Pass, as Amended: H.R. 1376, Waco Mammoth National Monument Establishment Act of 2009

Roll 649, July 27, 2009: On Motion to Suspend the Rules and Pass, as Amended: H.R. 1121, Blue Ridge Parkway and Town of Blowing Rock Land Exchange Act of 2009