[Senate Report 112-103]
[From the U.S. Government Publishing Office]
Calendar No. 265
112th Congress Report
SENATE
2d Session 112-103
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SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT
_______
January 13, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of December 17, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 114]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 114) to authorize the Secretary of the
Interior to enter into a cooperative agreement for a park
headquarters at San Antonio Missions National Historical Park,
to expand the boundary of the Park, to conduct a study of
potential land acquisitions, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Antonio Missions National
Historical Park Boundary Expansion Act of 2011''.
SEC. 2. PARK BOUNDARY STUDY.
Section 201 of Public Law 95-629 (16 U.S.C. 410ee) is amended--
(1) by redesignating subsections (b), (c), (d), (e), and (f)
as subsections (c), (e), (f), (g), and (h), respectively;
(2) by inserting after subsection (a) the following:
``(b) Study.--
``(1) In general.--The Secretary shall conduct a study of
land in Bexar and Wilson Counties, Texas, to identify land that
would be suitable for inclusion in the park.
``(2) Requirements.--In conducting the study under paragraph
(1), the Secretary shall examine the natural, cultural,
recreational, and scenic values and characteristics of the
land.
``(3) Report.--Not later than 3 years after the date on which
funds are made available for the study under paragraph (1), the
Secretary shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that describes the
findings, conclusions, and recommendations of the study.'';
(3) by inserting after subsection (c) (as redesignated by
paragraph (1)) the following:
``(d) Interpetive Services.--The Secretary may assign park
employees to provide interpretive services, including visitor
information and education, at facilities outside the boundary of the
park.''; and
(4) in paragraph (1)(D) of subsection (g) (as redesignated by
paragraph (1)), by striking ``subsection (b)(2)'' and inserting
``subsection (c)(2)''.
SEC. 3. BOUNDARY EXPANSION.
Section 201 of Public Law 95-629 (16 U.S.C. 410ee) is amended--
(1) by striking ``SEC. 201. (a) In order'' and inserting the
following:
``SEC. 201. SAN ANTONIO MISSIONS HISTORICAL PARK.
``(a) Establishment.--
``(1) In general.--In order''; and
(2) in subsection (a)--
(A) in the second sentence, by striking ``The park
shall also'' and inserting the following:
``(2) Additional land.--The park shall also'';
(B) in the third sentence, by striking ``After
advising the'' and inserting the following:
``(4) Revisions.--After advising the''; and
(C) by inserting after paragraph (2) (as designated
by subparagraph (A)) the following:
``(3) Boundary modification.--
``(A) In general.--The boundary of the park is
modified to include approximately 151 acres, as
depicted on the map entitled `San Antonio Missions
National Historical Park Proposed Boundary Addition',
numbered 472-68, 027, and dated November 2009.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for
inspection in the appropriate offices of the National
Park Service.
``(C) Acquisition of land.--The Secretary of the
Interior may acquire the land or any interest in the
land described in subparagraph (A) by purchase from
willing sellers, donation, or exchange.''.
Purpose
The purpose of S. 114, as ordered reported, is to authorize
the Secretary of the Interior to expand the boundary of the San
Antonio Missions National Historic Park, to include
approximately 151 acres, and to conduct a study of potential
land acquisitions.
Background and Need
San Antonio Missions National Historical Park was
established in 1978 to preserve, restore, and interpret four
Spanish Missions in San Antonio, Texas. The missions were
established by Spain starting in the early 18th century in an
effort to counter French territorial encroachments from
Louisiana.
The park preserves a significant link to Mexico and Spain
that has influenced the culture and history of the United
States. San Antonio is now the seventh largest and fourth
fastest growing city in the United States. The city almost
entirely surrounds the park with urban development, threatening
areas that contain significant Spanish colonial resources
historically associated with the park. S. 114 expands the park
boundary to include an additional 151 acres, of which 118 acres
are either owned by the National Park Service or are being
transferred to the park through a land exchange. The inclusion
of these additional lands will help the National Park Service
both achieve the park's purpose of protecting and preserving
important cultural and historic resources associated with the
Spanish Colonial era.
Legislative History
Senator Hutchison introduced S. 114 on January 25, 2011.
The Subcommittee on National Parks held a hearing on S. 114 on
May 11, 2011. On November 10, 2011, the Committee on Energy and
Natural Resources ordered S. 114 favorably reported with an
amendment in the nature of a substitute.
The Committee considered similar legislation, S. 3524,
sponsored by Senator Hutchison during the 111th Congress. The
Subcommittee on National Parks held a hearing on S. 3524 on
June 23, 2010 (S. Hrg. 111-92). Representative Rodriguez
introduced companion legislation in the House of
Representatives, H.R. 4438, which passed the House by a vote of
264-114 on July 13, 2010. No further action occurred on either
bill prior to the sine die adjournment of the Congress.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 10, 2011, by a voice vote of
a quorum present, recommends that the Senate pass S. 114 if
amended as described herein. Senators Lee and Corker asked to
be recorded as opposing the measure.
Committee Amendments
During its consideration of S. 114, the Committee adopted
an amendment in the nature of a substitute. The amendment
deletes language authorizing the Secretary of the Interior to
enter into cooperative agreement with the City of San Antonio
or its designee for operation of a visitor center and park
headquarters outside the boundary of the park. The provision
was removed to avoid Budget Act issues associated with the
cooperation agreement. The amendment also makes a technical
correction to a map reference. The amendment is explained in
detail in the section-by-section analysis, below.
Section-by-Section Analysis
Section 1 contains the short title, the ``San Antonio
Missions National Historical Park Boundary Expansion Act of
2011.''
Section 2 amends section 201 of Public Law 95-629 by adding
two new subsections. The first new section authorizes the
Secretary of the Interior to study land in Bexar and Wilson
Counties, Texas, and identify areas that would be suitable for
inclusion in the park. The second authorizes the Secretary to
assign park employees to provide interpretive services at
facilities outside of the park boundary.
Section 3 amends section 201 of Public Law 95-629 to modify
the boundary of the San Antonio Missions Historical Park,
specifically to include an additional 151 acres as depicted on
the referenced map.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 114--San Antonio Missions National Historical Park Boundary
Expansion Act of 2011
S. 114 would expand the boundary of the San Antonio
Missions National Historical Park in Texas to include
approximately 151 additional acres. The bill would also direct
the Secretary of the Interior to study the suitability of
including lands in Bexar and Wilson counties within the San
Antonio Missions National Historical Park. S. 114 would
authorize park employees to provide interpretive services at
facilities outside of the San Antonio Missions National
Historical Park.
Based on information provided by the National Park Service
(NPS) and assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 114 would cost a total of $5
million over the 2012-2016 period. Of the 151 acres specified
in the legislation, 33 acres are not currently owned by the
NPS. CBO estimates that acquiring the specified lands would
cost approximately $4 million, and that increasing the size of
the park would add $100,000 to annual operating costs. Based on
information from the NPS, CBO estimates that a study of the
suitability of adding other lands to the park would cost
approximately $400,000 over the next three years. Enacting S.
114 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
S. 114 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 114.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 114, as ordered reported.
Congressionally Directed Spending
S. 114, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the May 11, 2011, Subcommittee hearing on S. 114 follows:
Statement of Stephen E. Whitesell, Associate Director, Park Planning,
Facilities, and Lands, National Park Service, Department of the
Interior
Mr. Chairman and members of the Subcommittees, thank you
for the opportunity to appear before you today to present the
Department of the Interior's views on S. 114, to authorize the
Secretary of the Interior to enter into a cooperative agreement
for a park headquarters at San Antonio Missions National
Historical Park, to expand the boundary of the park, to conduct
a study of potential land acquisitions, and for other purposes.
The Department supports S. 114. On September 29, 2010, the
Department testified in support of S. 3524, an identical bill,
before this subcommittee, during the last Congress.
S. 114 would amend Section 201 of Public Law 95-629 to
direct the Secretary of the Interior (Secretary) to conduct a
study of lands in Bexar and Wilson Counties to identify lands
that would be appropriate to include within the boundaries of
San Antonio Missions National Historical Park (Park). The
Secretary is directed to report on the findings of the study
three years after funds are made available. S. 114 also
authorizes the Secretary to enter into a cooperative agreement
with the City of San Antonio, or its designee, for operation of
a facility outside the boundary of the park to provide visitor
facilities and office space for a headquarters and operational
support for the park. Funding for the cooperative agreement
would be subject to appropriations. Finally, the boundary of
the park would be expanded by approximately 151 acres.
San Antonio Missions National Historical Park preserves a
significant link to Mexico and Spain that has influenced the
culture and history of the United States since before its
inception. San Antonio is now the seventh largest and third
fastest growing city in the United States. The city grew 68
percent between 1980 and 2007 and now almost entirely surrounds
the Park with urban development, threatening areas that contain
significant Spanish colonial resources historically associated
with the Park.
Park headquarters for San Antonio Missions are currently
inadequate; they do not meet fire, safety or security
standards; and are in an expired lease space not adjacent to
the Park. The Park's maintenance operations are dispersed in
three separate locations. The Park's curatorial collection,
which contains almost one million Spanish Colonial period
objects, is stored in four different locations, including two
locations that do not meet National Park Service (NPS)
Curatorial Storage Standards.
The City of San Antonio, Texas (City) has acquired lands
adjacent to Mission San Jose and has proposed a partnership
with the Park and one of its partners for the construction of a
park headquarters. A cooperative agreement, such as the one
described in S. 114, would provide the NPS with the ability to
enter into an agreement with the City or an entity of the
City's choosing such as Los Compadres de San Antonio Missions
National Historical Park (Los Compadres), to assist with
operation of visitor facilities and office space for a park
headquarters.
S. 114 would also expand the boundary of San Antonio
Missions National Historical Park by approximately 151 acres,
of which 118 acres are either currently owned by the NPS, are
being donated, or are being transferred through a land exchange
to the Park. All costs associated with the land exchange will
be paid for by the San Antonio River Authority with the NPS
only paying for minimal transaction costs. Thirty-three acres
would either be purchased by the NPS from willing sellers or
donated to the Park. It is estimated that the acquisition of
these 33 acres could cost as much as $3,587,110 and operational
costs associated with adding the 151 acres of land are not
expected to exceed $100,000 per year. Associated land
acquisition funding requests would be subject to the
Administration's prioritization process that uses consistent
and merit-based criteria to select projects, and the
availability of appropriations.
The Park's General Management Plan and Land Protection Plan
acknowledge that the current boundary is insufficient to fully
achieve the Park's purpose. The Park's most recent feasibility
study recommended a much larger area to best protect the
cultural resources associated with the Park. Numerous areas
that contain significant Spanish colonial resources
historically associated with the Park still remain outside the
boundary. In addition, the Park has acquired lands that are
outside the current boundary and is in the process of accepting
additional lands that will be included within the boundary as a
part of a land exchange with the San Antonio River Authority
and U.S. Army Corps of Engineers to facilitate restoration of
the San Antonio River.
S. 114 would also authorize the Secretary to conduct a
study of lands within Bexar and Wilson counties, in the State
of Texas, to identify lands that would be suitable for
inclusion within the boundaries of the Park. The study should
also explore management alternatives that would best ensure
public access, preservation, protection, and interpretation of
the Missions. We estimate that this study will cost
approximately $350,000.
This legislation enjoys the strong support of officials
from Bexar County, Wilson County, the City of San Antonio, the
City of Floresville, the San Antonio River Authority, the San
Antonio Conservation Society, Los Compadres, and others. It
would help guarantee the preservation, protection, restoration,
and interpretation of the missions for current and future
generations.
Mr. Chairman, that concludes my prepared remarks. I would
be happy to answer any questions you or any other members of
the Subcommittees may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S.114, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
AN ACT TO AMEND THE PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION ACT OF
1972; TO PROVIDE FOR THE ESTABLISHMENT OF THE SAN ANTONIO MISSIONS
NATIONAL HISTORICAL PARK; AND FOR OTHER PURPOSES
(November 10, 1978, Public Law 95-629, 16. U.S.C. 410ee)
* * * * * * *
TITLE II
[SEC. 201. (A) IN ORDER] SEC. 201. SAN ANTONIO MISSIONS HISTORIC PARK.
(a) Establishment.--
(1) In general.--In order to provide for the
preservation, restoration, and interpretation of the
Spanish Missions of San Antonio, Texas, for the benefit
and enjoyment of present and future generations of
Americans, there is hereby established the San Antonio
Missions National Historical Park (hereafter in this
section referred to as the park) consisting of
Concepcion, San Jose, San Juan, and Espada Missions,
together with areas and features historically
associated therewith, as generally depicted on the
drawing entitled ``Boundary Map, San Antonio Missions
National Historical Park'', numbered 930-80,022-C and
dated May 1978, which shall be on file and available
for public inspection in the offices of the National
Park Service, Department of the Interior, and in the
offices of the Superintendent of the park. [The park
shall also]
(2) Additional land.--The park shall also consist of
the lands and interests therein within the area bounded
by the line depicted as ``Proposed Boundary Extension''
on the maps entitled ``San Antonio Missions National
Historical Park'', numbered 472-80,075, 472-80,076,
472-80,077, 472-80,078, 472-80,079, 472-80,080, and
472-80,081 and dated June 7, 1990, which shall be on
file and available for public inspection in the same
manner as is such drawing. [After advising the]
(3) Boundary modification.--
(A) In general.--The boundary of the park is
modified to include approximately 151 acres, as
depicted on the map titled ``San Antonio
Missions National Historical Park Proposed
Boundary Addition 2009'', numbered 472/68,027,
and dated November 2009.
(B) Availablity of map.--The map shall be on
file and available for inspection in the
appropriate offices of the National Park
Service, U.S. Department of the Interior. The
Secretary of the Interior may not use
condemnation authority to acquire any lands or
interests in lands under this Act.
(C) Acquisition of land.--The Secretary of
the Interior may acquire the land or any
interest in the land described in subparagraph
(A) by purchase from willing sellers, donation,
or exchange
(4) Revisions.--After advising the Committee on
Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the
United States House of Representatives, in writing, the
Secretary of the Interior (hereinafter referred to as
the ``Secretary'') may make minor revisions of the
boundaries of the park when necessary by publication of
a revised drawing or other boundary description in the
Federal Register.
(b) Study.--
(1) In general.--The Secretary shall conduct a study
of land in Bexar and Wilson Counties, Texas, to
identify land that would be suitable for inclusion in
the park.
(2) Requirements.--In conducting the study under
paragraph (1), the Secretary shall examine the natural,
cultural, recreational, and scenic values and
characteristics of the land.
(3) Report.--Not later than 3 years after the date on
which funds are made available for the study under
paragraph (1), the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes the
findings, conclusions, and recommendations of the
study.
[(b)](c) For the purposes of this section, the Secretary is
authorized--
(1) to acquire by donation, purchase with donated or
appropriated funds, or exchange, lands and interests
therein constituting the following generally described
areas in the historic missions district of the city of
San Antonio, Texas--
(A) Mission San Jose y San Miguel de Aguayo;
* * * * * * *
(d) Interpretive Services.--The Secretary may assign park
employees to provide interpretive services, including visitor
information and education, at facilities outside the boundary
of the park.
[(c)](e) With the exception of any property deemed
necessary by the Secretary for visitor facilities or
administration of the park, any owner or owners of improved
property on the date of its acquisition by the Secretary may,
as a condition of such acquisition, retain for themselves and
their successors or assigns a right of use and occupancy of the
property for noncommercial residential purposes, for twenty-
five years, or, in lieu thereof, for a term ending at the death
of the owner or his spouse, whichever is later. The owner shall
elect the term to be reserved. The Secretary shall pay to the
owner the fair market value of the property on the date of such
acquisition less the fair market value on such date of the
right retained by the owner.
* * * * * * *
[(d)](f) The Secretary is authorized and directed to take
prompt and appropriate action in accordance with the provisions
of this section and any cooperative agreement hereunder to
assure the protection and preservation of the historical and
architectural values of the missions and the areas and features
historically associated therewith within the boundaries of the
park. The park shall be administered by the Secretary in
accordance with this section and provisions of law generally
applicable to units of the National Park System, including
sections 1, 2, 3, and 4 of this title and sections 461 to 467
of this title.
[(e)](g)(1) There is hereby authorized to be established by
the Secretary, a San Antonio Missions Advisory Commission. The
Commission shall be composed of eleven members, each appointed
for a term of two years by the Secretary, as follows:
(A) one member to be appointed from recommendations
made by then Governor of the State of Texas;
(B) one member to be appointed from recommendations
made by the County Commissioners of Bexar County,
Texas;
(C) one member to be appointed from recommendations
made by the City Council of the City of San Antonio,
Texas;
(D) one member to be appointed to represent non-
Federal property owners whose property is operated and
maintained in accordance with cooperative agreements
with the Secretary pursuant to [subsection
(b)(2)]subsection (c)(2) of this section;
* * * * * * *
[(f)](h)
(1) There are hereby authorized to be appropriated
such sums as may be necessary to carry out the purposes
of this section, but not more than $10,000,000 for the
acquisition of lands and interests inlands.
* * * * * * *