(Remarks at a Congressional hearing on H.R. 4103, the Martin’s Cove Land Transfer Act, on May 16.)

Today, I am pleased to lend my support to legislation sponsored by Resources Committee Chairman Jim Hansen that would authorize the sale of an area on federal land in Wyoming known as Martin’s Cove to the Church of Jesus Christ of Latter-day Saints.

Since this issue is somewhat controversial I wanted to take this opportunity to explain my reasoning especially since it may surprise some that I am, in my capacity as the ranking Democrat on the Resources Committee, supporting this legislation.

To begin with, I have a long track record of advocating the retention of federal lands and the preservation of historic sites. I also have a record of placing private land into federal ownership when warranted. For instance, in my home State of West Virginia, we established the New River Gorge National River and the Gauley River National Recreation Area on privately held lands. Currently, much of the land in these areas is in federal ownership for the benefit of the public so they may enjoy these outstanding and significant natural resources.

At the same time, I am increasingly concerned with the destruction of sacred and historic sites on federal lands as a result of mismanagement, lack of adequate funding, or from competing interests such as mining and energy development. While these concerns have centered around sites sacred to American Indians, such as Valley of Chiefs in Montana, if we are to be honest with ourselves, that concern should extend to any site sacred for religious, historic or heritage purposes.

Martin’s Cove is one such site. Events that transpired there during October of 1856 have a very compelling and deep effect on people of the Mormon faith. It was there that early snows caught two handcart companies of British converts to Mormonism with a resulting death of between 150 and 200 people from starvation and exposure. It has been characterized as one of the worst disasters in the annals of Western migration history.

Today, the area is under the administrative jurisdiction of the Bureau of Land Management. The Mormon Church has purchased land adjacent to the site from the former Sun Ranch and has built a visitor’s center and issued a temporary easement to the BLM for access to Martin’s Cove itself. It is my understanding that since the visitor center was opened in 1997, more than 100,000 people have visited the site.

In deciding to support the legislation sponsored by the gentleman from Utah, Mr. Hansen, I was impressed by a November 2001 editorial in the Deseret News by a Mr. Lee Davidson. In it, he notes that certain groups are opposed to the precedent of selling off a federal historic site and it is a concern I share. However, he then notes that Martin’s Cove was not very accessible until the Mormon Church bought the Sun Ranch and built a visitor’s center there. He also makes note that several very high-profile historic sites have always been maintained privately, such as Thomas Jefferson’s Monticello.

And in this case, perhaps a precedent needs to be established. While some in the West, primarily in the development community, may fear federal lands becoming off-limits for religious or sacred purposes, a newspaper called The Daily Herald in Utah County, Utah, noted in November of last year:

“One of the concerns about selling the land is that it may open the door for American Indians to buy culturally significant sites back from the federal government. Indians see private ownership as a way to protect sites that have connections with their ancestors or were the sites of religious ceremonies ? But we think both the LDS Church and federally recognized Indian tribes should be allowed to purchase culturally significant sites on federal property ? It wouldn’t be a major land-grab if the BLM did extend the offer to Indians as well as the LDS Church. It would be relatively small parcels that have significance to that culture.”

Take Valley of Chiefs for instance. This site in Montana is sacred to a number of tribes, yet that did not stop the BLM from issuing oil and gas leases there and approving a drilling permit. When I witness actions such as that, I come to the conclusion that perhaps an area like Valley of Chiefs should not be in public ownership, but rather, transferred to the Indian tribes.

We also still have on the books a law which allows major multi-national corporations to stake mining claims on federal lands, and if valuable hardrock minerals such as gold or silver are found, to purchase that land for a mere $2.50 or $5.00 an acre. This is under the auspices of the Mining Law of 1872. A great deal of federal land has been transferred to private ownership under this law. I have been trying mightily for a good many years to end this practice, and we have for the time being, but only due to a temporary year-to-year provision in appropriations bills.

Yet, this begs the question: Why is it lawful to transfer federal lands to mining companies for fast-food hamburger prices, but not a sacred site such as Martin’s Cove or Valley of Chiefs to a church and to a tribe?

When all is said and done, I have become convinced that Martin’s Cove will be better managed, more accessible to the public, and its heritage and historical significance made more secure under the legislation sponsored by the gentleman from Utah, Mr. Hansen.

There will be people who will disagree with me. But it is certainly time, well past the time, when a debate over federal management of sacred sites should be engaged.

U.S. Rep. Nick J. Rahall, D.?W. Va., is ranking Democrat on the Committee on Resources Subcommittee on National Parks, Recreation and Public Lands