[Senate Report 115-110]
[From the U.S. Government Publishing Office]
Calendar No. 147
115th Congress } { Report
SENATE
1st Session } { 115-110
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FORT ONTARIO STUDY ACT
_______
June 14, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany H.R. 46]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (H.R. 46) to authorize the Secretary of the
Interior to conduct a special resource study of Fort Ontario in
the State of New York, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Ontario Study Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Study area.--The term ``study area'' means Fort Ontario
in Oswego, New York.
SEC. 3. FORT ONTARIO SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary shall conduct a special resource
study of the study area.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) evaluate the national significance of the study area;
(2) determine the suitability and feasibility of designating
the study area as a unit of the National Park System;
(3) consider other alternatives for preservation, protection,
and interpretation of the study area by the Federal Government,
State or local government entities, or private and nonprofit
organizations;
(4) consult with interested Federal agencies, State or local
governmental entities, private and nonprofit organizations, or
any other interested individuals; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(c) Applicable Law.--The study required under subsection (a) shall
be conducted in accordance with section 100507 of title 54, United
States Code.
(d) Report.--Not later than 3 years after the date on which funds
are first made available to carry out the study under subsection (a),
the Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
PURPOSE
The purpose of H.R. 46 is to authorize the Secretary of the
Interior to conduct a special resource study of Fort Ontario in
the State of New York.
BACKGROUND AND NEED
H.R. 46 authorizes the Secretary of the Interior to conduct
a special resource study of Fort Ontario, a military
installation in Oswego, New York. In conducting the study, the
Secretary of the Interior shall evaluate the site's national
significance; determine the suitability and feasibility of
designating Fort Ontario as a unit of the National Park System;
consider other alternatives for preservation, protection, and
interpretation of the lands by Federal, State, or local
governmental entities, or private and nonprofit organizations;
consult with Federal agencies and interested parties; and
identify the cost of acquisition and maintenance of alternative
National Park Service (NPS) units.
Fort Ontario was originally built by the British in 1755 to
protect the area around the east end of Lake Ontario. Located
at the mouth of the Oswego River in Oswego, New York, Fort
Ontario directly overlooks the shores of Lake Ontario. In 1756,
the French Army destroyed the fort, also known as the ``Fort of
the Six Nations.'' In 1759, the British built a much stronger
and larger fort on the same site.
During the American Revolution, the British abandoned Fort
Ontario, and in 1778 American troops destroyed the fort.
Despite the surrender at Yorktown in 1781, the British
reoccupied Oswego in 1782 and rebuilt Fort Ontario for the
third time. The British held it until 1796, 13 years after the
end of the Revolutionary War, before finally turning it and
other British forts in the Northwest Territory over to the
United States pursuant to the Jay Treaty of 1795.
During the War of 1812, British forces captured and
destroyed the fort. After a period of abandonment, new
construction started in part due to tensions with Great Britain
as well as to check smuggling activities between Canada and the
United States. Construction of a fourth Fort Ontario commenced
in 1839, amidst tensions arising from Canada's Patriot War.
Later, amid fears of British intervention in the Civil War, the
United States upgraded defenses of the fort in 1860.
Fort Ontario later served as a training post from 1903 to
1905, a hospital camp during World War I, and a training
installation for military police and anti-aircraft units in
World War II. Additionally, from August 1944 to February 1946,
Fort Ontario operated as the nation's only emergency refugee
shelter during World War II and housed approximately 982
refugees, predominantly of Jewish descent.
After nearly two hundred years of active military use, the
United States Army abandoned the fort in 1946 and transferred
it to the State of New York. In 1953, Fort Ontario opened as a
New York state historic site. The fort was added to the
National Register of Historic Places in 1970 and remains open
to the public today.
LEGISLATIVE HISTORY
H.R. 46 was introduced in the House of Representatives by
Representatives Katko, Slaughter, and Tenney on January 3,
2017, and referred to the House Committee on Natural Resources.
On January 30, 2017, H.R. 46 passed the House of
Representatives by a voice vote. H.R. 46 was received in the
Senate on January 31, 2017.
Senators Gillibrand and Schumer introduced a companion
measure, S. 55, on January 5, 2017.
In the 114th Congress, Senators Gillibrand and Schumer
introduced a similar measure, S. 2622, on March 3, 2016. The
companion bill, H.R. 4202, was introduced in the House of
Representatives by Representative Katko on December 9, 2015.
The Senate Committee on Energy and Natural Resources met in
open business session on March 30, 2017, and ordered H.R. 46
and S. 55 favorably reported, as amended.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on March 30, 2017, by a majority voice vote of
a quorum present, recommends that the Senate pass H.R. 46, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of H.R. 46, the Committee on
Energy and Natural Resources adopted an amendment in the nature
of a substitute to strike the findings and make conforming
changes to the special resource study language. The amendment
is further described in the section-by-section analysis.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides a short title for the measure.
Section 2. Definitions
Section 2 provides the definitions of key terms.
Section 3. Fort Ontario special resource study
Section 3(a) requires the Secretary to conduct a special
resource study.
Subsection (b) requires the special resource study to
evaluate the national significance of the area; determine
suitability and feasibility of the study area; consider
alternatives provided by stakeholders; consult with federal,
state and local stakeholders; and identify costs of
alternatives.
Subsection (c) requires the study to be conducted in
accordance with 54 U.S.C. 100507.
Subsection (d) requires the Secretary to submit a report on
the study to the House Committee on Natural Resources and the
Senate Committee on Energy and Natural Resources no later than
three years after which funds are made available to carry out
the study.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
H.R. 46 would require the National Park Service (NPS) to
conduct a special resource study of Fort Ontario, a state
historic site in Oswego, New York. (Fort Ontario was used
during the French and Indian War, the Revolutionary War, and
the War of 1812.) The study would determine whether the site
meets NPS criteria for inclusion in the National Park System.
Based on information provided by the NPS, CBO estimates that
implementing the legislation would cost about $250,000; such
spending would be subject to the availability of appropriated
funds.
Enacting H.R. 46 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 46 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 46 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On April 7, 2017, CBO transmitted a cost estimate for S.
55, the Fort Ontario Study Act, as ordered reported by the
Senate Committee on Energy and Natural Resources on March 30,
2017. The two pieces of legislation are similar and CBO's
estimate of their budgetary effects is the same.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
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 H.R. 46. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic 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 H.R. 46, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 46, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
Executive Communications on H.R. 46 were not requested by
the Committee on Energy and Natural Resources in the 115th
Congress.
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 as ordered
reported.
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