[House Report 104-709]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-709
_______________________________________________________________________


 
  TO PROVIDE FOR DISPOSAL OF PUBLIC LANDS IN SUPPORT OF THE MANZANAR 
                HISTORIC SITE IN THE STATE OF CALIFORNIA

                                _______
                                

 July 26, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3006]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3006) to provide for disposal of public lands in support 
of the Manzanar Historic Site in the State of California, and 
for other purposes), having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.
    The amendments (stated in terms of the page and line 
numbers of the introduced bill) are as follows:
    On page 7, line 17, strike ``(a)'' and insert ``(b)''.
    On page 7, after line 21 add the following new section:

SEC. 2. ADDITIONAL AREA.

    Section 101 of Public Law 102-248 is amended by inserting 
in subsection (b) after the second sentence ``The site shall 
also include an additional area of approximately 300 acres as 
demarcated as the new proposed boundaries in the map dated 
March 8, 1996, entitled `Manzanar National Historic Site 
Archaeological Base Map'.''

    Amend the title so as to read:

    A bill to provide for disposal of public lands in support 
of the Manzanar National Historic Site in the State of 
California, and for other purposes.

                          Purpose of the Bill

    The purpose of H.R. 3006 is to dispose of 5,000 acres of 
surplus Bureau of Land Management lands in California. The 
surplusing of these lands will serve as a basis for an exchange 
with Los Angeles Water and Power to facilitate the 
establishment of Manzanar National Historic Site, and to 
provide Inyo and Mono Counties with much needed development 
opportunities.

                  Background and Need for Legislation

    On March 4, 1931, the President signed Public Law 864, 
Chapter 517, withdrawing certain public lands from settlement, 
location, filing or disposal for the purposes of protecting the 
watershed of the City of Los Angeles and other cities in 
California. In its planning for the area, the Bureau of Land 
Management (BLM) has identified about 5,000 acres which are 
surplus to agency needs, and which the agency is proposing to 
transfer to the counties of Inyo and Mono.
    However, Section 204 of the Federal Land Management Policy 
Act of 1976 prohibits the Secretary of the Interior from 
modifying any withdrawal established pursuant to an Act of 
Congress. Therefore, legislation is required to effect this 
withdrawal.
    In 1992, Congress authorized the establishment of Manzanar 
National Historic Site. This new unit of the National Park 
System was established to protect cultural resources associated 
with the World War II era Japanese-American relocation camp 
located in Inyo County. That Act specified that lands owned by 
the State of California or any other political subdivision 
could only be acquired by donation. All lands within the 
historic site were owned by either the County of Inyo or Los 
Angeles Water and Power, a subdivision of the State. Further, 
Los Angeles Water and Power believes they have no authority to 
donate lands to the Federal Government.
    Therefore, the BLM has developed this legislative proposal 
to dispose of surplus lands which could at the same time be 
used for an exchange of lands within Manzanar National Historic 
Site. Lands not used for exchange purposes would be available 
for development in counties where a very high percentage of the 
land is Federally owned.

                            Committee Action

    H.R. 3006 was introduced on March 5, 1996, by Congressman 
Jerry Lewis (R-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Forests and Lands. On May 9, 1996, the 
Subcommittee held a hearing on H.R. 3006. On June 13, 1996, the 
Subcommittee met to mark up H.R. 3006. The bill was adopted by 
voice vote and then ordered favorably reported to the Full 
Committee. On June 26, 1996, the Full Resources Committee met 
to consider H.R. 3006. A technical amendment offered by 
Congressman James V. Hansen (R-UT) was adopted by unanimous 
consent. An amendment to add 300 acres to Manzanar was offered 
by Congressman George Miller (D-CA) and adopted by voice vote. 
The bill, as amended, was then ordered favorably reported to 
the House of Representatives by voice vote.

                      Section-by-Section Analysis

                 section 1. termination of withdrawals

    Section 1(a) simply states the background of the current 
situation as it relates to the establishment of Manzanar 
National Historic Site. Manzanar National Historic Site, 
created by Public Law 102-248, established a new unit of the 
National Park System to provide for the preservation of the 
site of the Manzanar relocation camp, one of the camps to which 
Japanese-Americans were relocated during World War II. Public 
Law 102-248 includes the standard language that any land owned 
by the State of California, or any political subdivision 
thereof, may only be acquired by donation or exchange. The 
Bureau of Land Management has identified about 5000 acres of 
land within the Bishop Resource Area which are appropriate for 
exchange, but that exchange cannot be consummated except 
pursuant to an Act of Congress. The 1931 Act of Congress 
setting these lands aside for the protection of the City of Los 
Angeles watershed must be repealed to make the lands available 
for exchange.
    Section 1(b) identities the specific lands on which the 
withdrawal would be revoked.
    Section 1(c) states that the lands identified in subsection 
(b) would be open to the operation of the public land laws 
after the Secretary of the Interior publishes a notice in the 
Federal Register.

                       Section 2. Additional Area

    Section 2 provides for an expansion of the existing park by 
300 acres.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of Rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 3006 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) 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 
H.R. 3006. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
3006 does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3006.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI 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 H.R. 
3006 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 1996.
Hon. Don Young,
Chairman, Committee on Resources, House of Representatives, Washington, 
        DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 3006, a bill to provide for disposal of public 
lands in support of the Manzanar National Historic Site in the 
state of California, and for other purposes, as ordered 
reported by the House Committee on Resources on June 26, 1996. 
Assuming appropriation of the necessary amounts, we estimate 
that the administrative costs of carrying out a land exchange 
and a change in the Manzanar site's boundary, as required by 
this bill, would total less than $100,000 over the next one or 
two years. Other spending totaling over $5 million may occur as 
a result of the bill's enactment, but some or all of this 
spending might occur under current law and it would be subject 
to appropriations action.
    Enacting H.R. 3006 could affect direct spending by allowing 
the sale of certain federal property in California. However, 
any resulting offsetting receipts--estimated to be around $1 
million over the next five years--would be considered 
nonroutine asset sales. Because asset sales proceeds are not 
counted in determining compliance with pay-as-you-go procedures 
set forth in the Balanced Budget Act, those procedures would 
not apply to the bill.
    H.R. 3006 contains no intergovernmental or private-sector 
mandates as defined in Public Law 104-4 and would impose no 
costs on state, local, or tribal governments.
    Bill purpose: H.R. 3006 would remove existing legal 
restrictions on the use of over 5,600 acres of federal land in 
California that had previously been withdrawn from settlement, 
filing, or disposal. Such lands were withdrawn under 
legislation enacted in 1931. Under H.R. 3006, this land--which 
is managed by the Bureau of Land Management (BLM)--would be 
open to mining, mineral leasing, and disposal in accordance 
with existing laws regarding the use of public lands. In 
addition, the bill would add about 300 acres to the Manzanar 
National Historic Site, which was established in 1992 by Public 
Law 102-248 and is located on aboute 555 acres of land in Inyo 
County, California.
    Federal budgetary impact: Based on information provide by 
federal and local officials, we expect that most of the 5,600 
acres--which BLM has identified as surplus lands--would be 
sold, used for exchange transactions, or conveyed to 
surrounding counties for environmental projects. The Department 
of the Interior would probably use some of the acreage to 
complete a three-way land exchange among BLM, the National Park 
Service (NPS), and the Los Angeles Department of Water and 
Power (LADWP), which owns most of the land within the existing 
boundary of the Manzanar National Historic Site as well as the 
300 acres to be added by this bill. This exchange would enable 
the NPS to acquire the historic site, which it is authorized to 
do (by exchange or donation) under existing law but has not yet 
been able to accomplish despite extensive negotiations. The 
agency has conducted archaeological, environmental, and other 
planning studies at the site under a cooperative agreement with 
the LADWP but cannot further preserve or develop the property 
while it remains in nonfederal ownership.
    The costs of developing the historic site, including 
expenses related to restoring or replacing historic buildings, 
providing visitor facilities, and crating interpretive programs 
and materials, would probably exceed $5 million, assuming 
appropriation of the necessary amounts. However, some or all of 
this spending might occur even in the absence of this 
legislation (but at a much later date) if the NPS were to 
eventually acquire the original 555-acre site through some 
other exchange transaction or to interpret the site under 
cooperative agreements.
    As a result, CBO cannot estimate the likelihood or timing 
of any change in federal costs for developing the historic 
site. CBO estimates that initial costs related to carrying out 
the land exchange and adding the 300 acres to the Manzanar 
boundary would total less than $100,000 over the next one or 
two years. The costs of developing and operating the added 
acreage are not likely to be significant.
    Most of acreage remaining in federal ownership after 
completion of the Manzanar exchange probably would be held by 
BLM for future land exchanges or conveyed to local government 
agencies. Because of environmental and other local conditions, 
CBO expects that only a small portion of the acreage would be 
sold over the next five years. We estimate that such asset 
sales would increase federal offsetting receipts by about $1 
million over this period.
    For purposes of this estimate, CBO assumes that H.R. 3006 
will be enacted within the next few months and that any amounts 
necessary to implement the bill would be appropriated as 
needed. This estimate is based on information provided by BLM, 
the NPS, the LADWP, and Inyo and Mono Counties, California.
    If you with further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria V. 
Heid and Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.

                    Compliance With Public Law 104-4

    H.R. 3006 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 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 (new matter is printed 
in italic and existing law in which no change is proposed is 
shown in roman):

                        THE ACT OF MARCH 3, 1992

AN ACT To establish the Manzanar National Historic Site in the State of 
                  California, and for other purposes.

                TITLE I--MANZANAR NATIONAL HISTORIC SITE

SECTION 101. ESTABLISHMENT.

  (a) * * *
  (b) Area Included.--The site shall consist of approximately 
500 acres of land as generally depicted on a map entitled ``Map 
3--Alternative Plans--Manzanar Internment Camp'' numbered 
80,002 and dated February 1989. Such map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service, Department of the Interior. The site 
shall also include an additional area of approximately 300 
acres as demarcated as the new proposed boundaries in the map 
dated March 8, 1996, entitled ``Manzanar National Historic Site 
Archaeological Base Map''. The Secretary may from time to time 
make minor revisions in the site boundaries.
          * * * * * * *