[House Report 110-247]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-247
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TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO CONVEY TO THE MISSOURI
RIVER BASIN LEWIS AND CLARK INTERPRETIVE TRAIL AND VISITOR CENTER
FOUNDATION, INC. CERTAIN FEDERAL LAND ASSOCIATED WITH THE LEWIS AND
CLARK NATIONAL HISTORIC TRAIL IN NEBRASKA, TO BE USED AS AN HISTORICAL
INTERPRETIVE SITE ALONG THE TRAIL
_______
July 23, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 761]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 761) to authorize the Secretary of the Interior to
convey to The Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc. certain Federal land
associated with the Lewis and Clark National Historic Trail in
Nebraska, to be used as an historical interpretive site along
the trail, 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 all after the enacting clause and insert the
following:
SECTION 1. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC TRAIL,
NEBRASKA.
(a) Conveyance Authorized.--The Secretary of the Interior may convey,
without consideration, to the Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc. (a 501(c)(3)
not-for-profit organization with operational headquarters at 100
Valmont Drive, Nebraska City, Nebraska 68410), all right, title, and
interest of the United States in and to the federally owned land under
jurisdiction of the Secretary consisting of 2 parcels as generally
depicted on the map titled ``Lewis and Clark National Historic Trail'',
numbered 648/80,002, and dated March 2006.
(b) Survey; Conveyance Cost.--The exact acreage and legal description
of the land to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary. The cost of the survey and all
other costs incurred by the Secretary to convey the land shall be borne
by the Missouri River Basin Lewis and Clark Interpretive Trail and
Visitor Center Foundation, Inc.
(c) Condition of Conveyance, Use of Conveyed Land.--The conveyance
authorized under subsection (a) shall be subject to the condition that
the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. use the conveyed land as an historic site and
interpretive center for the Lewis and Clark National Historic Trail.
(d) Discontinuance of Use.--If Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc. determines to
discontinue use of the land conveyed under subsection (a) as an
historic site and interpretive center for the Lewis and Clark National
Historic Trail, the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc. shall convey lands back to
the Secretary without consideration.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) or the conveyance, if any, under subsection (d) as the
Secretary considers appropriate to protect the interests of the United
States. Through a written agreement with the Foundation, the National
Park Service shall ensure that the operation of the land conveyed under
subsection (a) is in accordance with National Park Service standards
for preservation, maintenance, and interpretation.
(f) Authorization of Appropriations.--To assist with the operation of
the historic site and interpretive center, there is authorized to be
appropriated $150,000 per year for a period not to exceed 10 years.
PURPOSE OF THE BILL
The purpose of H.R. 761 is to authorize the Secretary of
the Interior to convey to the Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation,
Incorporated, certain federal land associated with the Lewis
and Clark National Historic Trail in Nebraska, to be used as an
historical interpretive site along the trail.
BACKGROUND AND NEED FOR LEGISLATION
The Missouri River Basin Lewis and Clark Interpretive Trail
and Visitor Center (Center) is a joint project of the Missouri
River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation (Foundation) and the National Park Service
(NPS). The Center sits along the Lewis and Clark National
Historic Trail in southeastern Nebraska near the Iowa border.
The NPS provided approximately $1.1 million for the purchase of
the 78-acre site, as well as design and construction
supervision services. The NPS also subsidizes the Center with
approximately $200,000 in operational funding annually. The
Foundation raised approximately $2.2 million for construction,
development and operation of the Center.
H.R. 761 would authorize the Secretary of the Interior to
convey all right, title and interest of the United States in
and to the land on which the Center is located to the
Foundation, free of charge. The land would revert to the United
States should the Center stop using the land as a ``historic
site and interpretive center'' for the trail. Once the transfer
is completed, the Foundation could institute visitor fees and
special use permit fees. The legislation authorizes the
appropriation of $150,000 annually to the Center for a period
not to exceed 10 years. After the ten-year period of continued
federal funding, the Center is expected become self-sufficient
and the NPS would no longer be involved in funding the Center.
COMMITTEE ACTION
H.R. 761 was introduced on January 31, 2007 by
Representative Jeff Fortenberry (R-NE). The bill was referred
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on National Parks, Forests and Public
Lands. The Subcommittee held a hearing on the measure on June
14, 2007, at which the Administration testified in support of
H.R. 761.
On June 28, 2007, the full Natural Resources Committee met
to consider the bill. The Subcommittee was discharged from
further consideration. Subcommittee Chairman Grijalva (D-AZ)
offered an amendment in the nature of a substitute making
technical changes to the bill which was adopted by voice vote.
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 Natural 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. 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 authorize the Secretary of the
Interior to convey to the Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Incorporated,
certain federal land associated with the Lewis and Clark
National Historic Trail in Nebraska, to be used as an
historical interpretive site along the trail.
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:
H.R.761--A bill to authorize the Secretary of the Interior to convey to
the Missouri River Basin Lewis and Clark Interpretive Trail and
Visitor Center Foundation, Inc., certain federal lands
associated with the Lewis and Clark National Historic Trail in
Nebraska, to be used as an historical interpretative site along
the trail
H.R. 1337 would authorize the Department of the Interior
(DOI) to convey two parcels of federally owned land, and a
visitor center located on the property, associated with the
Lewis and Clark National Historic Trail in Nebraska to the
Missouri River Basin Lewis and Clark Interpretive Trail and
Visitor Center Foundation, Inc. The foundation would continue
to operate the land as an historic site and interpretive
center.
Assuming appropriation of the authorized amount and based
on information provided by the agency, CBO estimates that DOI
would spend $150,000 per year to assist with operation of the
facility. Enacting the legislation would not affect direct
spending or revenues.
The legislation contains no private-sector or
intergovernmental mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on state, local, or tribal
governments.
The CBO staff contacts for this estimate are Tyler Kruzich
and David Reynolds. 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.
EARMARK STATEMENT
H.R. 761 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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 in existing
law.