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S 849

1st Session

S. 849

To establish the Waco Mammoth National Monument in the State of Texas, and for other purposes.


April 14, 2011

Mr. CORNYN (for himself and Mrs. HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


To establish the Waco Mammoth National Monument in the State of Texas, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


    This Act may be cited as the `Waco Mammoth National Monument Establishment Act of 2011'.


    Congress finds that--

      (1) the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in Central Texas, near the city of Waco;

      (2) after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978;

      (3) several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event;

      (4) the mammoth discoveries have received international attention; and

      (5) Baylor University and the city of Waco, Texas, have been working together--

        (A) to protect the site; and

        (B) to develop further research and educational opportunities at the site.


    In this Act:

      (1) CITY- The term `City' means the city of Waco, Texas.

      (2) MANAGEMENT PLAN- The term `management plan' means the management plan for the Monument prepared under section 5(c)(1).

      (3) MAP- The term `map' means the map entitled `Proposed Boundary Waco-Mammoth National Monument', numbered T21/80,000, and dated April 2009.

      (4) MONUMENT- The term `Monument' means the Waco Mammoth National Monument established by section 4(a).

      (5) SECRETARY- The term `Secretary' means the Secretary of the Interior.

      (6) STATE- The term `State' means the State of Texas.

      (7) UNIVERSITY- The term `University' means Baylor University in the State.


    (a) Establishment- There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map.

    (b) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.


    (a) In General- The Secretary shall administer the Monument in accordance with--

      (1) this Act; and

      (2) any cooperative agreements entered into under subsection (b)(1).

    (b) Authorities of Secretary-

      (1) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).

      (2) ACQUISITION OF LAND- The Secretary may acquire by donation from the City any land or interest in land owned by the City within the proposed boundary of the Monument.

    (c) General Management Plan-

      (1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument.

      (2) INCLUSIONS- The management plan shall include, at a minimum--

        (A) measures for the preservation of the resources of the Monument;

        (B) requirements for the type and extent of development and use of the Monument;

        (C) identification of the capacity of the Monument for accommodating visitors; and

        (D) opportunities for involvement by the University, City, State, and other local and national entities in--

          (i) developing educational programs for the Monument; and

          (ii) developing and supporting the Monument.

    (d) Prohibition of Use of Federal Funds- No Federal funds may be used to pay the costs of--

      (1) carrying out a cooperative agreement under subsection (b)(1);

      (2) acquiring land for inclusion in the Monument under subsection (b)(2);

      (3) developing a visitor center for the Monument;

      (4) operating or maintaining the Monument;

      (5) constructing exhibits for the Monument; or

      (6) developing the general management plan under subsection (c).

    (e) Use of Non-Federal Funds- Non-Federal funds may be used to pay any costs that may be incurred by the Secretary or the National Park Service in carrying out this section.

    (f) Effect on Eligibility for Financial Assistance- Nothing in this Act affects the eligibility of the Monument for Federal grants or other forms of financial assistance that the Monument would have been eligible to apply for had National Park System status not been conferred to the Monument under this Act.

    (g) Termination of National Park System Status-

      (1) IN GENERAL- Designation of the Monument as a unit of the National Park System shall terminate if the Secretary determines that Federal funds are required to operate and maintain the Monument.

      (2) REVERSION- If the designation of the Monument as a unit of the National Park System is terminated under paragraph (1), any land acquired by the Secretary from the City under subsection (b)(2) shall revert to the City.


    Nothing in this Act, the establishment of the Monument, or the management plan shall be construed to create buffer zones outside of the Monument.