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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 equip


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 corpora


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.


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 des

ignated 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 threefourths 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.


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.


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.


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 200acre 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. 10676 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 10676.


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 Iwould 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.


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

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