[House Report 115-630]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-630
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TO DESIGNATE THE MOUNTAIN AT THE DEVILS TOWER NATIONAL MONUMENT,
WYOMING, AS DEVILS TOWER, AND FOR OTHER PURPOSES
_______
April 11, 2018.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 401]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 401) to designate the mountain at the Devils
Tower National Monument, Wyoming, as Devils Tower, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 401 is to designate the mountain at the
Devils Tower National Monument, Wyoming, as Devils Tower.
BACKGROUND AND NEED FOR LEGISLATION
Devils Tower National Monument, a part of the Black Hills
mountains, is in Crook County, Wyoming, and consists of 1,347
acres. The geological formation known as Devils Tower within
the Monument rises 1,267 feet above the Belle Fourche River.
President Theodore Roosevelt established Devils Tower as the
nation's first national monument on September 24, 1906.
The name Devils Tower has unique origins. American Indian
tribes who lived in the Black Hills region had their own names
for the formation. The most common and widely used during the
time of United States exploration of the Black Hills (1855-75)
was Bears Lodge. Other names used by Native Americans included
Gray Horn Butte, Tree Rock, and The Place Where Bears Live.
According to the National Park Service, most maps from 1874 to
1901 mark the feature as Bears Lodge.\1\ Sometime during this
period the name was changed with information brought back by an
expedition led by Colonel Richard Irving Dodge. Colonel Dodge's
expedition sent a small contingent, including geologist and
mapmaker Henry Newton, to study the Tower. When Newton's group
returned, they reported that, ``the Indians call this place
`bad god's tower,' a name adopted with proper modification . .
.''. And so the label ``Devil's Tower'' was created.\2\
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\1\``About the Name.'' National Park Service. Accessed March 09,
2018. https://www.nps.gov/deto/learn/historyculture/aboutthename.htm.
\2\Ibid.
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No other records indicate that Native Americans associated
this place with bad gods or evil spirits. It is suspected that
a bad translation led the men to confuse the words for bear and
bad god. Although maps still called the Tower ``Bears Lodge,''
Colonel Dodge published a book about his expedition which
became very popular. The new name ``Devil's Tower'' became
lodged in the public consciousness, and was adopted by the
early 1900s.\3\ When President Roosevelt proclaimed the
national monument in 1906, the proclamation inadvertently left
out the apostrophe from the word ``Devil's.'' Since that time,
the site has been known as Devils Tower.\4\
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\3\Ibid.
\4\Ibid.
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Since the establishment of Devils Tower National Monument,
there have been repeated efforts to rename the monument and the
geological feature known as Devils Tower. Authority to name and
rename geographic features in the United States is provided by
Congress to the U.S. Board on Geographic Names (BGN) and the
Secretary of the Interior. The BGN, a federal body, was created
in 1890 and established in its present form under Public Law
80-242 in 1947 to maintain uniform geographic name usage
throughout the federal government. Sharing its responsibilities
with the Secretary of the Interior, the BGN promulgates
official geographic feature names with locative attributes as
well as principles, policies, and procedures governing the use
of domestic names, foreign names, Antarctic names, and undersea
feature names.\5\
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\5\U.S. Board on Geographic Names (BGN). Accessed March 09, 2018.
https://geonames.usgs.gov/.
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The BGN has delegated to the Domestic Names Committee (DNC)
the authority to render decisions on individual geographic
domestic names, within established principles, policies, and
procedures. Domestic geographic name issues and proposals
submitted to the BGN are researched by the DNC support staff.
Input from State geographic names authorities, land management
agencies, local governments, and tribal governments are
actively pursued.\6\
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\6\``Principles, Policies, and Procedures Domestic Geographic
Names.'' Accessed March 9, 2018. https://geonames.usgs.gov/docs/
DNC_PPP_DEC_2016_V.1.0.pdf.
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The DNC may not change names that have been specifically
established by an act of Congress or Executive order.
Additionally, the DNC has a long-standing policy of deferring
action when a matter is being considered by Congress. Of note,
however, is that if the name was not established by Congress or
the President, and the BGN has not acted within a ``reasonable
time,'' the Secretary of the Interior is authorized to act
unilaterally.\7\ This occurred recently when former Secretary
of the Interior Sally Jewell changed the name of Mount McKinley
to Denali.\8\
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\7\43 U.S.C. Sec. Sec. 364b.
\8\``Secretary Jewell Announces Nation's Highest Peak Will Now
Officially Bear Native Name.'' August 30, 2015. Accessed March 9, 2018.
https://www.doi.gov/pressreleases/secretary-jewell-announces-
nation%E2%80%99s-highest-peak-will-now-bear-native.
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In recent years, Native American tribal leaders have once
again renewed efforts to change the name. On December 1, 2014,
the President of the Oglala Sioux Tribe wrote to the Secretary
of the Interior and others requesting that the name ``Devils
Tower National Monument'' be changed to ``Bear Lodge.'' Tribes
contend that the site is sacred and that the name Devils Tower
is offensive given the tower's religious significance.\9\
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\9\Bob Moen. ``Debate simmers over name of Devils Tower monument in
Wyoming.'' Casper Star-Tribune Online. October 07, 2016. Accessed March
09, 2018. http://trib.com/news/state-and-regional/debate-simmers-over-
name-of-devils-tower-monument-in-wyoming/article_a7864143-ea97-5560-
a94c-addd66e4c533.html.
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The Governor of Wyoming, Matt Meade, opposes the name
change to ``Bear Lodge,'' stating that ``Devils Tower is one of
the most recognized names in the National Park Service
inventory.''\10\ The Crook County Commission also opposes the
change. The Wyoming Board of Geographic Names, which serves in
an advisory capacity to the BGN, has indicated it will not act
on the name change while the matter is being considered by
Congress, as it follows the DNC's policies.
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\10\Ibid.
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H.R. 401 would require the mountain in Devils Tower
National Monument to be known and designated as ``Devils
Tower''. This legislation would prevent the BGN or the
Secretary of the Interior now or in the future from acting to
rename the geographic feature.
COMMITTEE ACTION
H.R. 401 was introduced on January 10, 2017, by
Congresswoman Liz Cheney (R-WY). The bill was referred to the
Committee on Natural Resources and within the Committee to the
Subcommittee on Federal Lands. On March 14, 2018, the Committee
on Natural Resources met to consider the bill. The Subcommittee
was discharged by unanimous consent. No amendments were offered
and the bill was ordered favorably reported to the House of
Representatives by a roll call vote of 20 ayes to 13 noes, as
follows:
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 16, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 401, a bill to designate the mountain at the
Devils Tower National Monument, Wyoming, as Devils Tower, and
for other purposes, as ordered reported by the House Committee
on Natural Resources on March 14, 2018.
CBO estimates that enacting H.R. 401 would have no
significant effect on the federal budget and would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
CBO estimates that enacting H.R. 401 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 401 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall,
Director.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to designate the mountain at the
Devils Tower National Monument, Wyoming, as Devils Tower.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
DISSENTING VIEWS
H.R. 401 would officially designate the mountain at Devils
Tower National Monument as Devils Tower. While this bill seems
quite unassuming on its face, it is actually intended to bypass
the serious concerns of local tribes that have long been
offended by this erroneous name.
Devils Tower National Monument was the first established
pursuant to the Antiquities Act by Theodore Roosevelt in 1906.
The site receives 400,000 annual visits and is a popular
recreation destination in northeastern Wyoming.
However, tribes in the area have long expressed concerns
about the Devils Tower name, stating that it is offensive and
does not reflect their understanding of the site and spiritual
connection to the place.
Devils Tower is known by many other names to these tribes,
almost all of which relate to a bear, as most of the origin
stories connected to the monument prominently feature the
animal. Most early commissioned maps and photos actually mark
the mountain and surrounding area as Bear Lodge. However, the
head of an 1870s Army-led expedition instead recorded the name
of the mountain as Bad God Tower, which is just a botched
translation of Bear Lodge. Bad God's Tower morphed into Devils
Tower, which was subsequently used as the name of the national
monument when it was proclaimed in 1906.
To add insult to injury, these tribes do not associate the
monument with bad gods or evil spirits in any way--in contrast,
it is a very holy site. It is not only a place of cultural
importance, but also of great religious significance that is
still used for native religious ceremonies to this day.
More than 25 Tribes in the Great Plains region hold the
monument sacred, including the tribes that comprise the Great
Sioux Nation. In November 2014, the Great Sioux nation
spiritual leader Arvol Looking Horse filed a formal petition
with the U.S. Board on Geographic Names to officially change
the name of Devils Tower to Bear Lodge.
Usually, the U.S. Board on Geographic Names would embark on
a consultation and comment period regarding the name change.
However, the mere introduction of H.R 401 derails this process,
as the Board has a policy of not acting on petitions to change
a name if legislation involving the change is pending before
Congress.
We appreciate the economic impact that Devils Tower offers
to the State of Wyoming and the surrounding region, but that
does not change the fact that its erroneous name is offensive
to many citizens of this country. Passage of H.R. 401 would
ignore the concerns of these tribal people and should be
rejected.
Raul M. Grijalva,
Ranking Member, House
Natural Resources
Committee.
Grace Napolitano.
Darren Soto.
Jared Huffman.
Norma J. Torres.
[all]