[House Report 116-630]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-630
======================================================================
FACILITATE THE USE OF CERTAIN LAND IN NEBRASKA FOR PUBLIC OUTDOOR
RECREATIONAL OPPORTUNITIES, AND FOR OTHER PURPOSES
_______
December 8, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3651]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3651) to facilitate the use of certain land in
Nebraska for public outdoor recreational opportunities, 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 all after the enacting clause and insert the
following:
SECTION 1. USE OF CONVEYED LAND.
Section 342(c) of the Consolidated Natural Resources Act of 2008 is
amended--
(1) by striking ``The conveyance'' and inserting the
following:
``(1) Primary use.--The conveyance''; and
(2) by adding at the end the following:
``(2) Additional use.--The Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc.
may use, or enter into an agreement with another party to
lease, not more than 40 acres of the land conveyed under
subsection (a) for public outdoor recreation under the
following conditions:
``(A) The land shall continue to be maintained in a
manner that is compatible with the use authorized in
paragraph (1), conditions stated in the deed for the
land, and the memorandum of understanding with the
National Park Service dated June 2009.
``(B) The nature trail around the perimeter of the
land shall remain in place and may be enhanced with
educational signage about the flora and fauna that are
native to the land and planting of native flora.
``(C) Revenue from any use (including any lease or
agreement entered into) under this paragraph shall be
used to offset maintenance and operating costs of the
Lewis and Clark Interpretive Center.''.
Purpose of the Bill
The purpose of H.R. 3651 is to facilitate the use of
certain land in Nebraska for public outdoor recreational
opportunities, and for other purposes.
Background and Need for Legislation
H.R. 3651, as reported, authorizes the Missouri River Basin
Lewis and Clark Interpretative Trail and Visitor Center
Foundation, Inc. (Foundation) to use, or enter into an
agreement with another party to lease, up to 40 acres of
certain land in Nebraska City, Nebraska, for public outdoor
recreation purposes. This land was originally conveyed to the
Foundation in the Consolidated Natural Resources Act of 2008\1\
solely for use as a historic site and interpretive center for
the Lewis and Clark National Historic Trail.\2\
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\1\P.L. No. 110-229, 122 Stat. 754 (2008), https://
uscode.house.gov/statviewer.htm?volume=122&page=754 (codified as
amended at various, see https://uscode.house.gov/table3/110_229.htm)
(no statutory compilation available).
\2\Id. at Sec. 342, 122 Stat. at 796 (2008), https://
uscode.house.gov/statviewer.htm?volume=122&page=796 (not codified).
---------------------------------------------------------------------------
The legislation stipulates that the Foundation is still
required to maintain the property in a manner that is
compatible with its intended use based on the deed of transfer
and a 2009 memorandum of understanding with NPS. The bill also
requires that any income generated from the lease or agreement
be used to offset the operating costs of the Lewis and Clark
Interpretive Center.
Committee Action
H.R. 3651 was introduced on July 9, 2019, by Representative
Jeff Fortenberry (R-NE). The bill was referred solely to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests, and Public Lands. On
February 27, 2020, the Subcommittee held a hearing on the bill.
On September 30, 2020, the Natural Resources Committee met to
consider the bill. The Subcommittee was discharged by unanimous
consent. Chair Raul M. Grijalva (D-AZ) offered an amendment
designated Grijalva #1. The amendment was agreed to by
unanimous consent. No additional amendments were offered, and
the bill, as amended, was adopted and ordered favorably
reported to the House of Representatives by unanimous consent.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 3651: legislative hearing by the Subcommittee on
National Parks, Forests, and Public Lands held on February 27,
2020.
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.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of 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 and with respect to
requirements of clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee adopts
as its own cost estimate the forthcoming cost estimate of the
Director of the Congressional Budget Office, should such cost
estimate be made available before House passage of the bill.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to facilitate the use of certain
land in Nebraska for public outdoor recreational opportunities.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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, and existing law in which no
change is proposed is shown in roman):
CONSOLIDATED NATURAL RESOURCES ACT OF 2008
* * * * * * *
TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS
* * * * * * *
Subtitle E--Trails and Rivers
* * * * * * *
SEC. 342. 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]
(1) Primary use._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.
(2) Additional use.--The Missouri River Basin Lewis
and Clark Interpretive Trail and Visitor Center
Foundation, Inc. may use, or enter into an agreement
with another party to lease, not more than 40 acres of
the land conveyed under subsection (a) for public
outdoor recreation under the following conditions:
(A) The land shall continue to be maintained
in a manner that is compatible with the use
authorized in paragraph (1), conditions stated
in the deed for the land, and the memorandum of
understanding with the National Park Service
dated June 2009.
(B) The nature trail around the perimeter of
the land shall remain in place and may be
enhanced with educational signage about the
flora and fauna that are native to the land and
planting of native flora.
(C) Revenue from any use (including any lease
or agreement entered into) under this paragraph
shall be used to offset maintenance and
operating costs of the Lewis and Clark
Interpretive Center.
(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.
* * * * * * *
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]