[House Report 111-501]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-501
======================================================================
SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT OF
2010
_______
May 28, 2010.--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
together with
DISSENTING VIEWS
[To accompany H.R. 4438]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 4438) to authorize the Secretary of the Interior to
enter into an agreement to lease space from a nonprofit group
or other government entity for a park headquarters at San
Antonio Missions National Historical Park, to expand the
boundary of the Park, to conduct a study of potential land
acquisitions, and for other purposes, having considered the
same, report favorably thereon with amendments and recommend
that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Antonio Missions National
Historical Park Boundary Expansion Act of 2010''.
SEC. 2. PARK HEADQUARTERS LEASE AND BOUNDARY STUDY.
Section 201 of Public Law 95-629 (16 U.S.C. 410ee) is amended--
(1) by redesignating subsections (b), (c), (d), (e), and (f)
as subsections (c), (e), (f), (g), and (h) respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b)(1) The Secretary shall conduct a study of lands within Bexar
and Wilson Counties, Texas, to identify lands that would be suitable
for inclusion within the boundaries of the park. In conducting the
study, the Secretary shall examine the natural, cultural, recreational,
and scenic values and characteristics of lands within Bexar and Wilson
Counties.
``(2) Not later than 3 years after the date funds are made available
for the study under paragraph (1), 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 on the
findings, conclusions, and recommendations of the study.''; and
(3) by inserting after subsection (c) (as so redesignated)
the following new subsection:
``(d)(1) The Secretary may enter into a cooperative agreement with
the City of San Antonio or its designee, for operation of a facility
outside the boundary of the park that would provide--
``(A) office space for a headquarters and operational support
for the park; and
``(B) a center for research and education.
``(2) The Secretary may plan, design, construct, and install in the
facilities described in the cooperative agreement exhibits related to
the resources at the park.
``(3) Notwithstanding the location of the facility described in the
cooperative agreement, the Secretary may assign park staff from the
park to provide interpretive services, including visitor information
and education.''.
SEC. 3. BOUNDARY EXPANSION.
Section 201(a) of Public Law 95-629 (16 U.S.C. 410ee(a)) is amended
as follows:
(1) By striking ``In order'' and inserting the following:
``(1) In order''.
(2) By striking ``The park shall also'' and inserting the
following:
``(2) The park shall also''.
(3) By striking ``After advising the'' and inserting the
following:
``(4) After advising the''.
(4) By inserting after paragraph (2) (as so designated by
paragraph (2) above) the following:
``(3) The boundary of the park is further modified to include
approximately 151 acres, as depicted on the map titled `San Antonio
Missions National Historical Park Proposed Boundary Addition 2009',
numbered 472/68,027, and dated November 2009. The map shall be on file
and available for inspection in the appropriate offices of the National
Park Service, U.S. Department of the Interior. The Secretary of the
Interior may not use condemnation authority to acquire any lands or
interests in lands under this Act.''.
Amend the title so as to read:
A bill to authorize the Secretary of the Interior to enter
into a cooperative agreement for a park headquarters at San
Antonio Missions National Historical Park, to expand the
boundary of the Park, to conduct a study of potential land
acquisitions, and for other purposes.
Purpose of the Bill
The purpose of H.R. 4438, as ordered reported, is to
authorize the Secretary of the Interior to enter into a
cooperative agreement for a park headquarters at San Antonio
Missions National Historical Park, to expand the boundary of
the Park, to conduct a study of potential land acquisitions,
and for other purposes.
Background and Need for Legislation
San Antonio Missions National Historical Park was
established in 1978 to preserve, restore and interpret four
Spanish Missions in San Antonio, Texas. The missions were
established by Spain starting in the early 18th century in an
effort to counter French territorial encroachments from
Louisiana.
The four missions along the San Antonio River--Mission
Concepcion, Mission San Jose, Mission San Juan, and Mission
Espada--flourished between 1745 and the 1780s. Increasing
hostility from the Apache, and later the Comanche, coupled with
inadequate military support, caused the local communities to
retreat behind the missions' walls. Disease reduced the native
population, accelerating the missions' decline, though the
mission churches continue to host religious observances.
In addition to the four historic missions and their
churches, the Park includes a grist mill at Mission San Jose,
and a 270-year-old acequia (irrigation system), including its
dam and aqueduct, at Mission Espada.
H.R. 4438 would expand the current boundaries of the Park
to include 151 acres of land already found to be suitable for
addition to the Park. The new boundary would encompass 118
acres that are either currently owned by the National Park
Service (NPS) or in the process of being donated or transferred
to the agency. Most of the costs associated with those
transactions will be paid for by the San Antonio River
Authority with NPS paying only a minimal portion. The
additional 33 acres would either be purchased by NPS from
willing sellers or donated to the Park.
The bill also would direct the NPS to study other lands in
Bexar and Wilson counties that might be suitable for inclusion
in the Park's boundaries. Finally, the bill would authorize the
Park to enter into an agreement with the State of Texas, a
local government, or a nonprofit organization to lease space
outside the Park for headquarters offices and an education
center.
Committee Action
H.R. 4438 was introduced by Representative Ciro D.
Rodriguez (D-TX) on January 13, 2010. The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
At a February 25, 2010, hearing before the Subcommittee, a
representative of the National Park Service testified in
support of the bill with an amendment to clarify the leasing
provisions.
On May 5, 2010, the Subcommittee on National Parks, Forests
and Public Lands was discharged from further consideration of
H.R. 4438 and the full Natural Resources Committee met to
consider the bill. Subcommittee Chairman Raul Grijalva (D-AZ)
offered an amendment in the nature of a substitute to address
contracting issues relating to the agreement for office space
and a research and education center.
Subcommittee Ranking Member Bishop (R-UT) offered an
amendment to the amendment in the nature of a substitute to
insert language stating that nothing in the bill prohibits or
otherwise affects any authority to construct, maintain or
operate coal-fired power generating plants. The amendment was
not adopted by voice vote.
Representative Bishop then offered another amendment to the
amendment in the nature of a substitute to insert language
stating that nothing in the bill prohibits or otherwise affects
any authority to construct, maintain or operate wind or solar
power generating facilities. The amendment was not adopted by a
roll call vote of 19 yeas and 23 nays, as follows:
Representative Bishop then offered another amendment to the
amendment in the nature of a substitute to prohibit the
Secretary of the Interior from using condemnation authority to
acquire lands or interest in lands at the Park. The amendment
was adopted by voice vote.
The amendment in the nature of a substitute, as amended,
was then adopted by voice vote. The bill, as amended, was then
ordered favorably 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, and Article IV, section 3, 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, as ordered reported, is to authorize
the Secretary of the Interior to enter into a cooperative
agreement for a park headquarters at San Antonio Missions
National Historical Park, to expand the boundary of the Park,
to conduct a study of potential land acquisitions, and for
other purposes.
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. 4438--San Antonio Missions National Historical Park Boundary
Expansion Act of 2010
Summary: H.R. 4438 would authorize the National Park
Service (NPS) to enter into a cooperative agreement with the
state or local government, or a nonprofit organization to
construct a headquarters and educational facility outside the
boundary of the San Antonio Missions National Historical Park
in Texas. The legislation also would expand the boundaries of
the park and require NPS to conduct a study to identify new
lands to be included in the park.
Assuming appropriation of the necessary amounts, CBO
estimates that the NPS would spend $4 million over the 2011-
2015 period to study and expand the park's boundaries. CBO also
estimates that the cooperative agreement provision of the bill
would increase direct spending by $10 million over the 2011-
2015 period for the construction of a new headquarters and
educational facility near the San Jose Mission. Because
enacting the legislation would affect direct spending, pay-as-
you-go procedures would apply. Enacting the bill would not
affect revenues.
H.R. 4438 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4438 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................... 1 2 1 * * 4
Estimated Outlays.................................. 1 2 1 * * 4
CHANGES IN DIRECT SPENDING
Estimated Budget Authority......................... 10 0 0 0 0 10
Estimated Outlays.................................. 1 2 4 2 1 10
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that H.R.
4438 will be enacted near the end of fiscal year 2010, that the
necessary funds will be provided for each year, and that
spending will follow historical spending patterns for similar
NPS projects.
Spending subject to appropriation
Section 3 would expand the boundary of the San Antonio
Missions National Historic Park to include approximately 150
acres. Based on information from the NPS, about 118 of those
acres are either currently owned by the NPS, would be donated
to the park, or would be transferred through a land exchange
with the San Antonio River Authority. The remaining 33 acres
would either be purchased by NPS from willing sellers or
donated. We estimate that NPS would spend about $4 million over
the next several years to acquire that remaining land. In
addition, CBO estimates that the NPS would spend about $100,000
annually to manage all of the additional acreage.
Section 2 would authorize the NPS to identify lands within
Bexar and Wilson counties in the state of Texas that are
suitable for inclusion within San Antonio Missions National
Historic Park. The proposed study would consider the natural,
cultural, recreational, and scenic values of the lands within
those counties. Based on information from NPS, CBO estimates
that completing the study would cost about $350,000 over the
2011-2013 period, assuming the availability of appropriated
funds.
Direct spending
H.R. 4438 would authorize the NPS to enter into a
cooperative agreement with the city of San Antonio (or its
designee) to build a new park headquarters, operational support
building, and center for research and education. Currently, the
park's headquarters are located in leased space not adjacent to
the park, and the maintenance facilities and curatorial
collections are housed in other locations.
Based on information from the NPS and a local nonprofit
organization, CBO expects that, under the bill, the NPS would
enter into a cooperative agreement for the construction of a
new facility. The facility would be constructed in two phases--
one to construct the headquarters and administrative support
facilities and another phase to build educational and research
space. Because the new facilities would be government property,
the full cost of the construction should be recorded as new
budget authority at the time the agreement is signed. Based on
information from the NPS and the local nonprofit entity, CBO
estimates that construction costs would be $10 million over the
2011-2015 period, with no additional cost after 2015.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. H.R. 4438 could affect direct spending from
construction of the new federal facility. The changes in the
deficit that are subject to those pay-as-you-go procedures are
shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4438, THE SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT OF 2010, AS ORDERED
REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON APRIL 5, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 1 2 4 2 1 0 0 0 0 0 10 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 4438
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Matthew Pickford;
Impact on state, local, and tribal governments: Melissa
Merrill; Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 4438 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 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 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 italic, existing law in which no change is
proposed is shown in roman):
SECTION 201 OF THE ACT OF NOVEMBER 10, 1978
(Public Law 95-629)
(An Act To amend the Pennsylvania Avenue Development Corporation Act of
1972; to provide for the establishment of the San Antonio Missions
National Historical Park; and for other purposes)
Sec. 201. (a) [In order] (1) In order to provide for the
preservation, restoration, and interpretation of the Spanish
Missions of San Antonio, Texas, for the benefit and enjoyment
of present and future generations of Americans, there is hereby
established the San Antonio Missions National Historical Park
(hereafter in this section referred to as the ``park'')
consisting of Concepcion, San Jose, San Juan, and Espada
Missions, together with areas and features historically
associated therewith, as generally depicted on the drawing
entitled ``Boundary Map, San Antonio Missions National
Historical Park'', numbered 930-80,022-C and dated May 1978,
which shall be on file and available for public inspection in
the offices of the National Park Service, Department of the
Interior, and in the offices of the Superintendent of the park.
[The park shall also]
(2) The park shall also consist of the lands and interests
therein within the area bounded by the line depicted as
``Proposed Boundary Extension'' on the maps entitled ``San
Antonio Missions National Historical Park'', numbered 472-
80,075, 472-80,076, 472-80,077, 472-80,078, 472-80,079, 472-
80,080, and 472-80,081 and dated June 7, 1990, which shall be
on file and available for public inspection in the same manner
as is such drawing. [After advising the]
(3) The boundary of the park is further modified to include
approximately 151 acres, as depicted on the map titled ``San
Antonio Missions National Historical Park Proposed Boundary
Addition 2009'', numbered 472/68,027, and dated November 2009.
The map shall be on file and available for inspection in the
appropriate offices of the National Park Service, U.S.
Department of the Interior. The Secretary of the Interior may
not use condemnation authority to acquire any lands or
interests in lands under this Act.
(4) After advising the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of
Representatives, in writing, the Secretary of the Interior
(hereinafter referred to as the ``Secretary'') may make minor
revisions of the boundaries of the park when necessary by
publication of a revised drawing or other boundary description
in the Federal Register.
(b)(1) The Secretary shall conduct a study of lands within
Bexar and Wilson Counties, Texas, to identify lands that would
be suitable for inclusion within the boundaries of the park. In
conducting the study, the Secretary shall examine the natural,
cultural, recreational, and scenic values and characteristics
of lands within Bexar and Wilson Counties.
(2) Not later than 3 years after the date funds are made
available for the study under paragraph (1), 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 on the findings, conclusions,
and recommendations of the study.
[(b)] (c) For the purposes of this section, the Secretary is
authorized--
(1) * * *
* * * * * * *
(d)(1) The Secretary may enter into a cooperative agreement
with the City of San Antonio or its designee, for operation of
a facility outside the boundary of the park that would
provide--
(A) office space for a headquarters and operational
support for the park; and
(B) a center for research and education.
(2) The Secretary may plan, design, construct, and install in
the facilities described in the cooperative agreement exhibits
related to the resources at the park.
(3) Notwithstanding the location of the facility described in
the cooperative agreement, the Secretary may assign park staff
from the park to provide interpretive services, including
visitor information and education.
[(c)] (e)(1) With the exception of any property deemed
necessary by the Secretary for visitor facilities or
administration of the park, any owner or owners of improved
property on the date of its acquisition by the Secretary may,
as a condition of such acquisition, retain for themselves and
their successors or assigns a right of use and occupancy of the
property for noncommercial residential purposes, for twentyfive
years, or, in lieu thereof, for a term ending at the death of
the owner or his spouse, whichever is later. The owner shall
elect the term to be reserved. The Secretary shall pay to the
owner the fair market value of the property on the date of such
acquisition less the fair market value on such date of the
right retained by the owner.
* * * * * * *
[(d)] (f) The Secretary is authorized and directed to take
prompt and appropriate action in accordance with the provisions
of this section and any cooperative agreement hereunder to
assure the protection and reservation of the historical and
architectural values of the missions and the areas and features
historically associated therewith within the boundaries of the
park. The park shall be administered by the Secretary in
accordance with this section and provisions of law generally
applicable to units of the National Park System, including the
Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
[(e)] (g)(1) There is hereby authorized to be established by
the Secretary, a San Antonio Missions Advisory Commission. The
Commission shall be composed of seven members, each appointed
for a term of two years by the Secretary, as follows:
(A) * * *
* * * * * * *
[(f)] (h)(1) There are hereby authorized to be appropriated
such sums as may be necessary to carry out the purposes of this
section, but not more than $10,000,000 for the acquisition of
lands and interests in lands.
* * * * * * *
DISSENTING VIEWS
Unless amended, I oppose H.R. 4438 for both fiscal and
policy reasons. The stated purpose of this bill is to expand
the park by an additional 151 acres. While the explanation for
the necessity of the expansion was vague, the cost estimate was
fairly precise: $3,587,110. Add to this another $350,000 that
will be spent by the National Park Service to determine whether
it wants even more property. With the current level of federal
spending high in the red zone, we should resist pressing harder
on the accelerator. I like our parks as much as any of my
colleagues on the Natural Resources Committee, but I question
the wisdom of going further into debt to continually expand
Park Service holdings while our existing parks face a $9
billion backlog in maintenance and upkeep. At the very least,
Congress should for now limit new, non-critical acquisitions to
land donated by one of the multi-billion dollar land trusts set
up as tax exempt organizations for that purpose.
I appreciate that the Committee accepted a Republican
``willing seller'' amendment, but I believe private property
rights should receive more protection than that bare minimum
provision. Under this bill, homeowners and others who have not
consented to being within the boundaries of this park may find
themselves fending off the unwanted attention of federal
stalkers pursuing their land.
I am also concerned that national parks are increasingly
being used by litigation-prone environmental activists and by
some in the National Park Service to control activities outside
the Congressionally-determined boundaries of the park. De facto
buffer zones have been used to interfere with activities such
as energy projects that are planned near and even far from
National Parks. To restrain this particular abuse, I offered
amendments to prevent the park designation from being misused
to prohibit construction and maintenance of power generating
facilities--whether coal-fired, wind or solar. With some people
opposed to almost any new power facility and others opposed
only to those near their backyard, this has been an escalating
problem, and the National Park Service has participated in
killing or delaying affordable and renewable energy production
from coast to coast. Unfortunately, Committee Democrats
rejected these common-sense amendments on nearly party-line
votes.
Rob Bishop.