[House Report 105-669]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-669
_______________________________________________________________________


 
        EXPANSION OF FORT DAVIS HISTORIC SITE, FORT DAVIS, TEXAS

                                _______
                                

 August 3, 1998.--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. 3047]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3047) to authorize expansion of Fort Davis National 
Historic Site in Fort Davis, Texas, by 16 acres, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3047 is to authorize expansion of Fort 
Davis National Historic Site, in Fort Davis, Texas, by 16 
acres.

                  Background and Need for Legislation

    H.R. 3047 would authorize the expansion of Fort Davis 
National Historic Site by 16 acres. This bill would amend the 
Fort Davis Historic Site enabling legislation (75 Stat. 488) by 
increasing the ``not to exceed'' acreage clause by 16 acres. 
The acreage to be acquired is needed to protect the site's 
historic setting and viewshed. No federally appropriated funds 
are requested for the land acquisition.
    The Fort Davis site was established in 1961 because it 
represented a key Army post in the defense system of West Texas 
during the mid-to-late 1800s. The land to be acquired is 
situated on the southern boundary of the existing Fort Davis 
site and may include valuable archaeological and historical 
objects. The site is also the probable location of the 
quartermaster sergeant's and commissary sergeant's quarters. 
The land to be acquired is a 16 acre parcel of private land and 
includes a land formation, known locally as the Sleeping Lion 
Mountain, and has been offered for sale to the National Park 
Service. The National Park Service has expressed a keen 
interest in acquiring this land and the seller has stated that 
the Park Service would have first options to purchase the land 
when it became available. Commercial development in close 
proximity to the Historical Site has become a major concern. 
Visual intrusions are occurring and will continue within the 
surrounding town area that is unincorporated and has no zoning 
restrictions. Acquisition of the property would prevent the 
possibility of commercial development and also eliminate the 
impact of any visual intrusions.
    No federally appropriated funds are necessary for this 
acquisition. Funding for its purchase would come from other 
sources such as private or foundation donations. Furthermore, 
this proposal would require no additional staffing, personnel, 
or equipment costs.

                            Committee Action

    H.R. 3047 was introduced on November 13, 1997, by 
Congressman Henry Bonilla (R-TX). The bill was referred to the 
Committee on Resources, and within the Committee, to the 
Subcommittee on National Parks and Public Lands. On March 26, 
1998, the Subcommittee held a hearing H.R. 3047 where Denis 
Galvin, Deputy Director of the National Park Service, testified 
in favor of the bill. On May 21, 1998, the Subcommittee met to 
consider H.R. 3047. No amendments were offered and the bill was 
ordered favorably reported to the Full Committee by voice vote. 
On July 22, 1998, the Full Resources Committee met to consider 
H.R. 3047. No amendments were offered and H.R. 3047 was ordered 
favorably reported to the House of Representatives by voice 
vote.

            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.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 3047.

                        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. 3047. 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. 
3047 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or 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. 3047.
    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. 
3047 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 31, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3047, a bill to 
authorize expansion of Fort Davis National Historic Site in 
Fort Davis, Texas, by 16 acres.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 3047--A bill to authorize expansion of Fort Davis National 
        Historic Site in Fort Davis, Texas, by 16 acres

    CBO estimates that implementing H.R. 3047 would have no 
significant impact on the federal budget. The bill would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 3047 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    H.R. 3047 would expand the boundaries of the Fort Davis 
National Historic Site by up to 16 acres. Based on information 
provided by the National Park Service (NPS) and the 
Conservation Fund (the Fund), CBO expects that the land would 
be donated to the federal government by the Fund, a nonprofit 
organization that recently purchased the property from a local 
landowner. If the Fund donates the land, federal costs would be 
limited to a few thousand dollars for surveying and mapping 
(assuming the availability of appropriated funds). CBO 
estimates that, in the unlikely event that the NPS would have 
to purchase the site from the Fund, the cost would be less than 
$50,000 (also assuming the availability of appropriated funds).
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 3047 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 (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):

                        Act of September 8, 1961

  AN ACT Authorizing the establishment of a national historic site at 
                  Fort Davis, Jeff Davis County, Texas

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Secretary of the Interior shall acquire, on behalf of the 
United States, by gift, purchase, condemnation, or otherwise, 
all right, title, and interest in and to such lands, [not to 
exceed four hundred and sixty acres] not to exceed 476 acres in 
all, together with any improvements thereon, as the Secretary 
may deem necessary for the purpose of establishing a national 
historic site at the site of Fort Davis, near the town of Fort 
Davis, Jeff Davis County, Texas.

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