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[House Report 115-630]
[From the U.S. Government Publishing Office]

115th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      115-630

======================================================================

 
   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\
---------------------------------------------------------------------------
    \1\``About the Name.'' National Park Service. Accessed March 09, 
2018. https://www.nps.gov/deto/learn/historyculture/aboutthename.htm.
    \2\Ibid.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \3\Ibid.
    \4\Ibid.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \5\U.S. Board on Geographic Names (BGN). Accessed March 09, 2018. 
https://geonames.usgs.gov/.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \10\Ibid.
---------------------------------------------------------------------------
    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]
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