[Senate Report 105-304]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 543
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-304
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                   FORT DAVIS NATIONAL HISTORIC SITE

                                _______
                                

 September 8 (legislative day, August 31), 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1990]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1990) to authorize expansion of Fort 
Davis National Historic Site in Fort Davis, Texas, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 1990 is to amend the enabling Act for the 
Fort Davis National Historic Site in Fort Davis, Texas to 
authorize the Secretary of the Interior to purchase 
approximately 16 acres of land for addition to the Historic 
Site.

                          Background and Need

    Beginning in 1854, Fort Davis played a key role in the 
defense system of west Texas. Soldiers from Fort Davis assisted 
in opening the area to settlement as well as protected 
travelers and merchants along the San Antonio-El Paso Road from 
1854 to 1891. Today the Fort is regarded as the best preserved 
facility of its type in the Southwest. Fort Davis National 
Historic Site was established by an Act of Congress (Public Law 
87-213) on September 8, 1961.
    This legislation would authorize the National Park Service 
to expand the boundaries of Fort Davis National Historic Site 
from 460 acres to 476 acres. Recently, the owners of the 14-
acre tract known as Sleeping Lion Mountain approached the Park 
Service with an offer to sell the property. This tract of land 
includes significant parts of the Fort, such as the site of the 
quartermaster sergeant's and commissionary sergeant's quarters. 
The tract also contains several archeological sites that could 
yield information about the history and development of the 
Fort.
    The Conservation Fund, a national nonprofit organization, 
has purchased the property and upon enactment of this 
legislation, will donate the site to the National Park Service.

                          Legislative History

    S. 1990 was introduced by Senators Hutchison and Gramm on 
April 27, 1998 and referred to the Committee on Energy and 
Natural Resources. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 1990 on July 
16, 1998.
    At its business meeting on July 29, 1998, the Committee on 
Energy and Natural Resources ordered S. 1990 favorably 
reported.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on July 29, 1998, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 1990, as 
described herein.

                           Summary of S. 1990

    S. 1990 amends Public Law 87-213 authorizing an increase in 
the boundaries of the Fort Davis National Historic Site from 
460 acres to 476 acres.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 5, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1990, a bill to 
authorize expansion of Fort Davis National Historic Site in 
Fort Davis, Texas.
    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.

S. 1990--A bill to authorize expansion of Fort Davis National Historic 
        Site in Fort Davis, Texas

    CBO estimates that implementing S. 1990 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. S. 1990 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.
    S. 1990 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).
    On July 31, 1998, CBO transmitted a cost estimate for H.R. 
3047, a nearly identical bill, which was ordered reported by 
the House Committee on Resources on July 22, 1998. The two 
estimates are identical.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Robert A. Sunshine, 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 S. 1990. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
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 
enactment of S. 1990, as ordered reported.

                        Executive Communications

    The testimony of the Department of the Interior at the 
Subcommittee hearing follows:

 Statement by Denis P. Galvin, Deputy Director, National Park Service, 
                    U.S. Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to appear before you to explain the Department 
of the Interior's views on S. 1990, a bill to expand the 
boundaries of Fort Davis National Historic Site. We strongly 
support the bill, and appreciate the efforts of Senator 
Hutchison and other members of the Texas delegation on this 
issue.
    S. 1990 is companion legislation to H.R. 3047. A hearing 
and the subcommittee markup were completed on H.R. 3047 this 
spring. If enacted, S. 1990 would expand the boundaries of Fort 
Davis National Historic Site, located in Jeff Davis County, 
Texas, by approximately 16 acres. The land, until recently, was 
privately held. The property is located on the south side of 
the park and contains approximately \1/3\ of Sleeping Lion 
Mountain, a significant area landmark and geologic feature. The 
park's current legislation limits the size of the park to 460 
acres. Because of this language we cannot use existing 
authority to make this minor boundary adjustment.
    Fort Davis National Historic Site was authorized on 
September 8, 1961 by P.L. 87-213. The area commemorates the 
historical role of the fort in the opening of the West during 
the mid to late 1800s. Fort Davis played an important role in 
the European settlement and development of the southwest by 
providing protection and a military presence on major 
immigration routes. During the Civil War the fort changed 
hands, used by both Union and Confederate forces. Following the 
Civil War, Fort Davis was one of the posts of the well-known 
Buffalo Soldiers until 1885. The fort was finally abandoned in 
1891.
    The 16-acre parcel proposed for addition, is not only 
adjacent to the fort, but was also the location of a large 
complex of stores and establishments operated by civilian 
Daniel Murphy.
    In the 1870s and 1880s, Murphy was known to have sold 
whiskey across the fence to the soldiers.
    In February 1996, the National Park Service was approached 
by the owners of this 16-acre parcel and asked to make an offer 
on their father's land. Since then the park staff has been 
working with the owners and members of the community to gain 
support for this boundary adjustment. Local, regional, and 
state organizations have indicated their support for this 
proposal including the Davis Mountain Trans Pecos Heritage 
Association, Fort Davis NHS Friends Group, and the Davis 
Mountains State Park. To our knowledge there is no opposition 
to this proposal for anyone, including the five adjacent 
landowers.
    This project has been a true partnership from the efforts 
of the Fort Davis NHS staff and Friends Group to the members of 
the Texas delegation who have shown support and interest. A 
critical member of this partnership is The Conservation Fund. 
It agreed to purchase the land and donate it to the park. Funds 
were raised, and title was transferred to The Conservation Fund 
May 12, 1998. The last step needed, is the authority for the 
National Park Service to accept the land from the Fund.
    The communities in and around Fort Davis NHS continue to 
grow and visual impacts to the site will continue with them. 
The surrounding town area is unincorporated and has no zoning 
restrictions. This high spot, off the park's southern boundary 
could easily be developed for private or commercial use and 
impact the park setting. One resource that is highly valued at 
sites like Fort Davis, Fort Laramie and other frontier forts is 
their physical settings. This adds to increased visitor 
enjoyment, and enhanced National Park Service ability to more 
fully protect America's frontier heritage.
    The timing on this legislation is fortunate. Not only has 
The Conversation Fund been able to purchase the land in a 
prompt and efficient manner, work has recently started on the 
park's first general management plan. It would be beneficial to 
have this critical piece of land formally included in the 
park's boundary now so that the plan can incorporate the best 
alternatives for protecting this important resource in this 
public process.
    This completes my prepared remarks Mr. Chairman. I would be 
happy to answer any questions that you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1990, as ordered 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);

                 (Public Law 87-213, September 8, 1961)

    Authorizing the establishment of a National Historic Site 
at Fort Davis, Jeff Davis County, Texas.
    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.