[Senate Report 108-8]
[From the U.S. Government Publishing Office]
Calendar No. 16
108th Congress Report
SENATE
1st Session 108-8
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FORT BAYARD NATIONAL HISTORIC LANDMARK ACT
_______
February 11, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 214]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 214) to designate Fort Bayard Historic
District in the State of New Mexico as a National Historic
Landmark, 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 ``Fort Bayard National Historic
Landmark Act''.
SEC. 2. FORT BAYARD NATIONAL HISTORIC LANDMARK.
(a) Designation.--The Fort Bayard Historic District in Grant
County, New Mexico, as listed on the National Register of Historic
Places, is hereby designated as the Fort Bayard National Historic
Landmark.
(b) Administration.--
(1) Designation of the Fort Bayard Historic District as a
National Historic Landmark shall not prohibit any actions which
may otherwise be taken by the property owner with respect to
the property.
(2) Nothing in this Act shall affect the administration of
the Fort Bayard Historic District by the State of New Mexico.
SEC. 3. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary, in consultation with the State of
New Mexico, may enter into cooperative agreements with appropriate
public or private entities, for the purposes of protecting historic
resources at Fort Bayard and providing educational and interpretive
facilities and programs for the public. The Secretary shall not enter
into any agreement or provide assistance to any activity affecting Fort
Bayard State Hospital without the concurrence of the State of New
Mexico.
(b) Technical and Financial Assistance.--The Secretary may provide
technical and financial assistance with any entity with which the
Secretary has entered into a cooperative agreement under subsection
(a).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated each sums as may be
necessary to carry out this Act.
PURPOSE
The purpose of S. 214 is to designate the Fort Bayard
Historic District in New Mexico as a National Historic
Landmark.
BACKGROUND AND NEED
Fort Bayard was established in 1866 in southeastern New
Mexico to protect Silver city and other nearby mining
communities during ongoing fights with Apache Indians living in
the area. Fort Bayard functioned as an Army post until 1899.
Its soldiers, many of them African-American, or Buffalo
Soldiers, protected area settlers. These Buffalo Soldiers were
a mainstay of the Army during the late Apache wars and fought
heroically in numerous skirmishes. Like many soldiers who
served at Fort Bayard, some of the Buffalo Soldiers remained in
the area following their discharge. Lines of headstones noting
the names of men and their various Buffalo Soldier units remain
in the older section of what is now Fort Bayard National
Cemetery. In 1992, these soldiers were recognized for their
bravery when a Buffalo Soldier Memorial statue was dedicated at
the center of the Fort Bayard parade ground.
By the end of the 19th century, it was clear that the era
of the western frontier, at least from the Army's perspective,
had ended. Following the departure of the 9th U.S. Cavalry, the
War Department authorized the surgeon-general to establish a
general hospital for use as a military sanatorium, the first
dedicated to the treatment of officers and enlisted men of the
Army suffering from pulmonary tuberculosis. At 6,100 feet above
sea level, and with a dry, sunny climate, the fort lay within
what proponents of climatological therapy termed the ``zone of
immunity.''
In 1920, the War Department closed the sanatorium and the
United States Public Health Service assumed control of the
facility. The facility was later transferred to the Veterans'
Bureau. In 1965, the Fort Bayard facility, comprising over 480
acres, was transferred to the State of New Mexico, which
continues to operate the facility for various medical treatment
programs.
The Fort Bayard Historic District was listed on the
National Register for Historic Places in July 2002, reflecting
the historic significance of both the original Army post, and
the subsequent medical facility.
LEGISLATIVE HISTORY
S. 214 was introduced by Senators Bingaman and Domenici on
January 23, 2003. During the 107th Congress the Committee
considered similar legislation sponsored by Senator Bingaman,
S. 2880. The Subcommittee on National Parks held a hearing on
the bill on September 19, 2002. The Committee ordered S. 214
favorably reported on October 4, 2002. The text of the bill was
adopted by the Senate as part of an amendment to H.R. 980,
which passed the Senate by unanimous consent on November 19,
2002.
At its business meeting on February 5, 2003, the Committee
ordered S. 214 favorably reported, as amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on February 5, 2003, by a voice vote of a
quorum present, recommends that the Senate pass S. 214, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 214, the Committee adopted
an amendment in the nature of a substitute. The amendment
deletes section 2 from the bill, which contained congressional
findings. The amendment also makes minor clarifying changes to
sections 2 and 3 (as redesignated). The amendment is explained
in detail in the section-by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 entitled the bill the ``Fort Bayard National
Historic Landmark Act.''
Section 2(a) designates the Fort Bayard Historic District
in Grant County, New Mexico, as a National Historic Landmark.
Subsection (b) makes clear that designation of the site as
a National Historic Landmark shall not prohibit any actions
which may otherwise be taken by the property owner with respect
to the property. This provision is consistent with the
Department of the Interior's regulations applicable to National
Historic Landmarks (36 CFR part 65).
Section 3(a) authorizes the Secretary of the Interior, in
consultation with the State of New Mexico, to enter into
cooperative agreements with appropriate public or private
entities for the purposes of protecting historic resources at
Fort Bayard and providing educational and interpretive
facilities and programs for the public.
Subsection (b) authorizes the Secretary to provide
technical and financial assistance with any entity with the
Secretary has entered into a cooperative agreement.
Section 4 authorizes the appropriation of such sums as may
be necessary to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 7, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 214, the Fort Bayard
National Historic Landmark Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin, Director.
Enclosure.
S. 214--Fort Bayard National Historic Landmark Act
S. 214 would designate the Fort Bayard Historic District in
New Mexico as the Fort Bayard National Historic Landmark. The
bill would authorize the Secretary of the Interior to execute
cooperative agreements with nonfederal entities and to provide
technical and financial assistance to such entities for
historic preservation and interpretive activities. For those
purposes, the bill would authorize the appropriation of
whatever amounts are necessary.
The cost of providing technical and financial assistance
under S. 214 is uncertain because the National Park Service
(NPS) has not conducted any evaluation of the landmark's
resources. Based on preliminary information available from the
NPS at this time and assuming the availability of appropriated
funds, CBO estimates that such assistance would cost about
$100,000 over the next three to four years.
S. 214 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 Deborah Reis.
This estimate was approved by Paul R. Cullinan, Chief for Human
Resources Cost Estimates Unit of the Budget Analysis Division.
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. 214. The Act is not a regulatory measure in the
sense of imposing Government-established standards or
significant 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. 214.
EXECUTIVE COMMUNICATIONS
On February 6, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 214. These reports
had not been received at the time the report on S. 214 was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 214, as ordered
reported.