[House Report 106-362]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-362
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ADDITION TO WILDERNESS BATTLEFIELD, VIRGINIA
_______
October 4, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 1665]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1665) to allow the National Park Service to acquire
certain land for addition to the Wilderness Battlefield in
Virginia, as previously authorized by law, by purchase or
exchange as well as by donation, having considered the same,
report favorably thereon with an amendment and recommend 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. ADDITION TO WILDERNESS BATTLEFIELD, VIRGINIA.
(a) Removal of Condition on Battlefield Addition.--Section 2(a)(2) of
Public Law 102-541 (16 U.S.C. 425k note; 106 Stat. 3565) is amended by
striking ``: Provided,'' and all that follows through ``Interior''.
(b) Authorized Methods of Acquisition.--
(1) Limitations on acquisition methods.--Section 3(a) of
Public Law 101-214 (16 U.S.C. 425l(a)) is amended--
(A) by striking ``The Secretary'' and inserting ``(1)
Except as provided in paragraph (2), the Secretary'';
and
(B) by adding at the end the following new paragraph:
``(2) The lands designated `P04-04' on the map referred to in section
2(a) numbered 326-40072E/89/A and dated September 1990 may be acquired
only by donation, and the lands designated `P04-01', `P04-02', and
`P04-03' on such map may be acquired only by donation, purchase from
willing sellers, or exchange.''.
(2) Removal of restriction on acquisition of addition.--
Section 2 of Public Law 102-541 (16 U.S.C. 425k note; 106 Stat.
3565) is amended by striking subsection (b).
(c) Technical Correction.--Section 2(a) of Public Law 101-214 (16
U.S.C. 425k(a)) is amended by striking ``Spotslyvania'' and inserting
``Spotsylvania''.
Purpose of the Bill
The purpose of H.R. 1665 is to allow the National Park
Service to acquire certain land for addition to the Wilderness
Battlefield in Virginia, as previously authorized by law, by
purchase or exchange as well as donation.
Background and Need for Legislation
This bill allows the National Park Service to acquire
certain land for addition to the Wilderness Battlefield in
Virginia by purchase or exchange as well as donation.
Currently, the Park Service can acquire land for the Wilderness
Battlefield only by donation. This has prevented willing
sellers to dispose of property that the Park Service desires to
include in the Battlefield boundaries. H.R. 1665 would resolve
this problem by allowing the Park Service to acquire additional
lands by purchase or exchange.
The Secretary of the Interior was formerly authorized
(Public Law 101-214) to acquire land and interests in land for
the Wilderness Battlefield by donation, purchase with donated
or appropriated funds, or by exchange. At the urging of the
Secretary of the Interior, this authority was restrained in
1992 (Public Law 102-541) which allowed the Park Service to
acquire lands for the battlefield only by donation. Recently,
the owners of three tracts of land have expressed their desire
to sell property to the Park Service within the boundaries of
the Wilderness Battlefield. Enactment of H.R. 1665 would allow
the Park Service to acquire this land by purchase.
Committee Action
H.R. 1665 was introduced on May 4, 1999, by Congressman
Herbert Bateman (R-VA). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On July 20, 1999, the
Subcommittee held a hearing on the bill where the
Administration testified in favor of the bill. On August 5,
1999, the Subcommittee met to consider the bill. Congressman
James V. Hansen offered an amendment to make small technical
corrections and add a ``willing seller'' provision. The
amendment was adopted by voice vote and the bill was then
ordered favorably reported to the Full Committee by voice vote.
On September 22, 1999, the Full Committee met to consider the
bill. No further amendments were offered and the bill, as
amended, was then ordered favorably reported to the House of
Representatives by voice vote.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of Rule XIII of the rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of Rule XIII of the rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 29, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1665, a bill to
allow the National Park Service to acquire certain land for
addition to the Wilderness Battlefield in Virginia, as
previously authorized by law, by purchase or exchange as well
as by donation.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure
H.R. 1665--A bill to allow the National Park Service to acquire certain
land for addition to the Wilderness Battlefield in Virginia, as
previously authorized by law, by purchase or exchange as well
as by donation
H.R. 1665 would authorize the National Park Service (NPS)
to purchase about 525 acres of land for addition to the
Wilderness Battlefield unit of the Fredericksburg and
Spotsylvania County Battlefields Memorial National Military
Park in Virginia. Under existing law, the NPS could acquire
this property only by donation, and the acreage could only be
included within the boundary of the battlefield after such
donation.
Based on information provided by the NPS, and assuming
appropriation of the necessary amounts within the next two
years, CBO estimates that the federal government would pay
about $7 million to acquire the three parcels comprising the
525 acres. Once the property has been acquired, additional
funds of less than $500,000 would be needed over the next
several years to provide for pedestrian access, fencing,
exhibits, and other site development activities.
H.R. 1665 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. The bill
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would have no
significant impact on the budgets of state, local, or tribal
governments.
On June 23, 1999, CBO prepared a cost estimate for S. 955,
a bill to allow the National Park Service to acquire certain
land for addition to the Wilderness Battlefield in Virginia, as
previously authorized by law, by purchase or exchange as well
as by donation. S. 955 was ordered reported by the Senate
Committee on Energy and Natural Resources on June 16, 1999. The
CBO estimates for S. 955 and H.R. 1665 are identical.
The CBO staff contact is Deborah Reis. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 2 OF THE ACT OF OCTOBER 27, 1992
AN ACT To expand the boundaries of the Fredericksburg and Spotsylvania
County Battlefields Memorial National Military Park, Virginia
SEC. 2. ADDITION TO WILDERNESS BATTLEFIELD.
(a) Section (2) of Public Law 101-214 (16 U.S.C. 425k(a)) is
amended--
(1) * * *
(2) by striking ``1989.'' and inserting in lieu
thereof ``1989, and the map entitled `Fredericksburg
and Spotsylvania National Military Park,' numbered 326-
40072E/89/A and dated September 1990.'' [: Provided,
That this subsection shall not be effective until the
lands included within the proposed new boundaries of
the Fredericksburg and Spotsylvania County Battlefields
Memorial National Military Park pursuant to this Act
have been donated to the Secretary of the Interior.
[(b) Lands included within the boundaries of the
Fredericksburg and Spotsylvania County Battlefields Memorial
National Military Park pursuant to this section may be acquired
only by donation.]
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ACT OF DECEMBER 11, 1989
AN ACT To expand the boundaries of the Fredericksburg and Spotsylvania
County Battlefields Memorial National Military Park near
Fredericksburg, Virginia
* * * * * * *
SEC. 2. REVISION OF PARK BOUNDARIES.
(a) Boundary Revision.--In furtherance of the purposes of the
Act entitled ``An Act to establish a national military park at
and near Fredericksburg, Virginia, and to mark and preserve
historical points connected with the battles of Fredericksburg,
Spotsylvania Court House, Wilderness, and Chancellorsville,
including Salem Church, Virginia'', approved February 14, 1927
(44 Stat. 1091), the Fredericksburg and Spotsylvania County
Battlefields Memorial National Military Park (hereinafter in
this Act referred to as the ``park'') shall hereafter comprise
the lands and interests in lands within the boundary generally
depicted as ``Proposed Park Boundary'' on maps entitled
``Fredericksburg and [Spotslyvania] Spotsylvania National
Military Park'', numbered 326-40075D/89, 326-40074E/89, 326-
40069B/89, 326-40070D/89, 326-40071C/89, [326-40072E/89,] 326-
40076A/89, and 326-40073D/89, and dated June [1989.] 1989, and
the map entitled ``Fredericksburg and Spotsylvania National
Military Park,'' numbered 326-40072E/89/A and dated September
1990. The maps shall be on file and available for public
inspection in the Office of the National Park Service,
Department of the Interior.
* * * * * * *
SEC. 3. ACQUISITIONS AND CONVEYANCES.
(a) Acquisition.--[The Secretary] (1) Except as provided in
paragraph (2), the Secretary is authorized to acquire lands and
interests in lands within the park, by donation, purchase with
donated or appropriated funds or by exchange.
(2) The lands designated ``P04-04'' on the map referred to in
section 2(a) numbered 326-40072E/89/A and dated September 1990
may be acquired only by donation, and the lands designated
``P04-01'', ``P04-02'', and ``P04-03'' on such map may be
acquired only by donation, purchase from willing sellers, or
exchange.