[House Report 116-641]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-641
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TO PROVIDE FOR THE BOUNDARY OF THE PALO ALTO BATTLEFIELD NATIONAL
HISTORIC PARK TO BE ADJUSTED, TO AUTHORIZE THE DONATION OF LAND TO THE
UNITED STATES FOR ADDITION TO THAT HISTORIC PARK, AND FOR OTHER
PURPOSES
_______
December 14, 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. 4139]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4139) to provide for the boundary of the Palo
Alto Battlefield National Historic Park to be adjusted, to
authorize the donation of land to the United States for
addition to that historic park, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of H.R. 4139 is to provide for the boundary of
the Palo Alto Battlefield National Historic Park to be
adjusted, to authorize the donation of land to the United
States for addition to that historic park, and for other
purposes.
Background and Need for Legislation
The U.S. annexation of the Republic of Texas as the 28th
state entailed an unresolved border dispute. Mexico, which had
not recognized the independence of Texas in the first place,
considered the Nueces River to be the southern border of what
it considered to be its Texas province. Texas, having recently
won its independence, considered its southern border to be
further south, at the Rio Grande.
Driven by the beliefs of Manifest Destiny and the desire to
establish the Rio Grande River as the southern boundary of the
new state of Texas, U.S. General Zachary Taylor ordered the
construction of Fort Texas, also called Fort Taylor, on the
north bank of the Rio Grande near the Gulf of Mexico in March
1846.\1\ The six-sided star-shaped fort consisted of 9-foot-
high and 15-foot-wide walls and a 20-foot-wide by 8-foot-deep
moat encircling the fort.\2\
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\1\See generally Nat'l Park Serv., National Register of Historic
Places Inventory--Nomination Form, Fort Brown (1986), https://
npgallery.nps.gov/NRHP/GetAsset/NHLS/66000811_text.
\2\Fort Texas/Fort Brown, Nat'l Park Serv., https://www.nps.gov/
paal/learn/historyculture/siegeofforttexas.htm (last updated June 15,
2018).
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In early May 1846, after General Taylor had departed,
Mexican General Mariano Arista crossed the Rio Grande with
forces he had gathered at a fort in the city of Matamoros,
Mexico, just across the river and began a siege.\3\ On May 3,
1846, Mexican forces bombarded the fort from across the
river.\4\ Meanwhile, General Arista continued north with some
of his army in pursuit of General Taylor, and Taylor began a
return to defend Fort Texas.\5\ On May 8, 1846, 3,200 Mexican
soldiers prepared a blockade on the prairie of Palo Alto,
Texas, to prevent further advancement of the U.S. forces who
were headed back to Fort Texas--setting the stage for the first
major battle of the Mexican-American War.\6\ The U.S. Army's
artillery proved superior to the Mexican cannons, and the
Army's infantry was able to fend off two flank attacks from
Mexican cavalry troops.\7\ Following the Battle of Palo Alto,
the generals' forces met again the next day in the Battle of
Resaca de la Palma, which resulted in Arista's retreat and
allowed Taylor to reach Fort Texas and end the siege.\8\
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\3\Id.
\4\Id.
\5\Nomination Form, supra note 1, at 3.
\6\Palo Alto Battlefield, Nat'l Park Serv., https://www.nps.gov/
paal/learn/historyculture/paloalto.htm (last updated June 15, 2018).
\7\Id.
\8\Nomination Form, supra note 1, at 3, 11.
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U.S. Major Jacob Brown and his troops successfully defended
the well-constructed fort in the interim, with only two U.S.
deaths suffered in the bombardment.\9\ Tragically, Major Brown
was one of those casualties. The fort was renamed in his honor
on May 17, 1846.\10\ Fort Brown would later be occupied by both
U.S. and Confederate troops during the Civil War and remained
an active post until around World War II.\11\
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\9\Fort Texas/Fort Brown, supra note 2.
\10\Nomination Form, supra note 1, at 11.
\11\Id. (reporting the post as abandoned in 1944); Fort Texas/Fort
Brown, supra note 2 (describing the post as active until ``after World
War II'').
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Palo Alto Battlefield was designated as a National Historic
Landmark in 1960, a National Historic Site in 1978, and a
National Historical Park in 2009. Today, the Palo Alto
Battlefield National Historical Park is the only unit of the
National Park Service focused on the Mexican-American War.
H.R. 4139 expands the boundary of Palo Alto Battlefield
National Historical Park to include approximately 166 acres of
land that is to be donated to the Department of the Interior.
The donated land was the site of Fort Brown, which includes the
remains of the last structure associated with the Mexican-
American War.\12\
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\12\Hearing Before the Subcomm. on Nat'l Parks, Forests & Pub.
Lands of the H. Comm. on Nat. Res., 116th Cong. (Oct. 29, 2019) (not
printed), https://docs.house.gov/Committee/Calendar/
ByEvent.aspx?EventID=110148, (statement of Filemon Vela, U.S.
Representative), https://docs.house.gov/meetings/II/II10/20191029/
110148/HHRG-116-II10-Wstate-V000132 20191029.pdf.
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Committee Action
H.R. 4139 was introduced on July 30, 2019, by
Representative Filemon Vela (D-TX). 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 October 29, 2019, 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. No amendments were
offered, and the bill 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. 4139: legislative hearing by the Subcommittee on
National Parks, Forests, and Public Lands held on October 29,
2019.
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 provide for the boundary of the
Palo Alto Battlefield National Historic Park to be adjusted and
to authorize the donation of land to the United States for
addition to that historic park.
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):
SECTION 3 OF THE PALO ALTO BATTLEFIELD NATIONAL HISTORIC SITE ACT OF
1991
SEC. 3. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.
(a) Establishment.--In order to preserve for the education,
benefit, and inspiration of present and future generations the
nationally significant site of the first battle of the Mexican-
American War, and to provide for its interpretation in such
manner as to portray the battle and the Mexican-American War
and its related political, diplomatic, military and social
causes and consequences, there is hereby established the Palo
Alto Battlefield National Historical Park in the State of Texas
(hereafter in this Act referred to as the ``historical park'').
(b) Boundary.--
(1) In general.--The historical park shall consist of
approximately 3,400 acres as generally depicted on the
map entitled ``Palo Alto Battlefield National
Historical Park'', numbered 469-80,002, and dated March
1991. The map shall be on file and available for public
inspection in the offices of the Director of the
National Park Service, Department of the Interior.
(2) Additional land.--
(A) In general.--In addition to the land
described in paragraph (1), the historical park
shall [consist of approximately] consist of--
(i) the approximately 34 acres of
land, as generally depicted on the map
entitled ``Palo Alto Battlefield NHS
Proposed Boundary Expansion'', numbered
469/80,012, and dated May 21, 2008[.];
and
(ii) on the date that such land is
donated to the United States, the
approximately 166.44 acres of land
generally depicted on the map entitled
``PALO ALTO BATTLEFIELD NATIONAL
HISTORICAL PARK Proposed Boundary
Addition, Fort Brown Unit'', numbered
469/143,589, and dated April 2018.
(B) Availability of map.--The [map] maps
described in subparagraph (A) shall be on file
and available for public inspection in the
appropriate offices of the National Park
Service.
(3) Legal description.--Not later than 6 months
[after the date of enactment of this Act, the Secretary
of the Interior] after the addition of lands to the
historic park boundary, the Secretary of the Interior
(hereafter in this Act referred to as the
``Secretary'') shall file a legal description of the
historical park with the Committee on Interior and
Insular Affairs of the United States House of
Representatives and with the Committee on Energy and
Natural Resources of the United States Senate. Such
legal description shall have the same force and effect
as if included in this Act, except that the Secretary
may correct clerical and typographic errors in such
legal description and in the maps referred to in
paragraphs (1) and (2). The legal description shall be
on file and available for public inspection in the
offices of the National Park Service, Department of the
Interior. The Secretary may, from time to time, make
minor revisions in the boundary of the historical park.
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]