[House Report 106-362]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-362

======================================================================



 
              ADDITION TO WILDERNESS BATTLEFIELD, VIRGINIA

                                _______


October 4, 1999.--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. 1665]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1665) to allow the National Park Service to acquire 
certain land for addition to the Wilderness Battlefield in 
Virginia, as previously authorized by law, by purchase or 
exchange as well as by donation, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. ADDITION TO WILDERNESS BATTLEFIELD, VIRGINIA.

  (a) Removal of Condition on Battlefield Addition.--Section 2(a)(2) of 
Public Law 102-541 (16 U.S.C. 425k note; 106 Stat. 3565) is amended by 
striking ``: Provided,'' and all that follows through ``Interior''.
  (b) Authorized Methods of Acquisition.--
          (1) Limitations on acquisition methods.--Section 3(a) of 
        Public Law 101-214 (16 U.S.C. 425l(a)) is amended--
                  (A) by striking ``The Secretary'' and inserting ``(1) 
                Except as provided in paragraph (2), the Secretary''; 
                and
                  (B) by adding at the end the following new paragraph:
  ``(2) The lands designated `P04-04' on the map referred to in section 
2(a) numbered 326-40072E/89/A and dated September 1990 may be acquired 
only by donation, and the lands designated `P04-01', `P04-02', and 
`P04-03' on such map may be acquired only by donation, purchase from 
willing sellers, or exchange.''.
          (2) Removal of restriction on acquisition of addition.--
        Section 2 of Public Law 102-541 (16 U.S.C. 425k note; 106 Stat. 
        3565) is amended by striking subsection (b).
  (c) Technical Correction.--Section 2(a) of Public Law 101-214 (16 
U.S.C. 425k(a)) is amended by striking ``Spotslyvania'' and inserting 
``Spotsylvania''.

                          Purpose of the Bill

    The purpose of H.R. 1665 is to allow the National Park 
Service to acquire certain land for addition to the Wilderness 
Battlefield in Virginia, as previously authorized by law, by 
purchase or exchange as well as donation.

                  Background and Need for Legislation

    This bill allows the National Park Service to acquire 
certain land for addition to the Wilderness Battlefield in 
Virginia by purchase or exchange as well as donation. 
Currently, the Park Service can acquire land for the Wilderness 
Battlefield only by donation. This has prevented willing 
sellers to dispose of property that the Park Service desires to 
include in the Battlefield boundaries. H.R. 1665 would resolve 
this problem by allowing the Park Service to acquire additional 
lands by purchase or exchange.
    The Secretary of the Interior was formerly authorized 
(Public Law 101-214) to acquire land and interests in land for 
the Wilderness Battlefield by donation, purchase with donated 
or appropriated funds, or by exchange. At the urging of the 
Secretary of the Interior, this authority was restrained in 
1992 (Public Law 102-541) which allowed the Park Service to 
acquire lands for the battlefield only by donation. Recently, 
the owners of three tracts of land have expressed their desire 
to sell property to the Park Service within the boundaries of 
the Wilderness Battlefield. Enactment of H.R. 1665 would allow 
the Park Service to acquire this land by purchase.

                            Committee Action

    H.R. 1665 was introduced on May 4, 1999, by Congressman 
Herbert Bateman (R-VA). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On July 20, 1999, the 
Subcommittee held a hearing on the bill where the 
Administration testified in favor of the bill. On August 5, 
1999, the Subcommittee met to consider the bill. Congressman 
James V. Hansen offered an amendment to make small technical 
corrections and add a ``willing seller'' provision. The 
amendment was adopted by voice vote and the bill was then 
ordered favorably reported to the Full Committee by voice vote. 
On September 22, 1999, the Full Committee met to consider the 
bill. No further amendments were offered and the bill, as 
amended, was then ordered favorably reported 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 Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 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. Government Reform Oversight Findings. Under clause 
3(c)(4) of Rule XIII 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 on this bill.
    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:
                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 29, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1665, a bill to 
allow the National Park Service to acquire certain land for 
addition to the Wilderness Battlefield in Virginia, as 
previously authorized by law, by purchase or exchange as well 
as by donation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure

H.R. 1665--A bill to allow the National Park Service to acquire certain 
        land for addition to the Wilderness Battlefield in Virginia, as 
        previously authorized by law, by purchase or exchange as well 
        as by donation

    H.R. 1665 would authorize the National Park Service (NPS) 
to purchase about 525 acres of land for addition to the 
Wilderness Battlefield unit of the Fredericksburg and 
Spotsylvania County Battlefields Memorial National Military 
Park in Virginia. Under existing law, the NPS could acquire 
this property only by donation, and the acreage could only be 
included within the boundary of the battlefield after such 
donation.
    Based on information provided by the NPS, and assuming 
appropriation of the necessary amounts within the next two 
years, CBO estimates that the federal government would pay 
about $7 million to acquire the three parcels comprising the 
525 acres. Once the property has been acquired, additional 
funds of less than $500,000 would be needed over the next 
several years to provide for pedestrian access, fencing, 
exhibits, and other site development activities.
    H.R. 1665 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
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.
    On June 23, 1999, CBO prepared a cost estimate for S. 955, 
a bill to allow the National Park Service to acquire certain 
land for addition to the Wilderness Battlefield in Virginia, as 
previously authorized by law, by purchase or exchange as well 
as by donation. S. 955 was ordered reported by the Senate 
Committee on Energy and Natural Resources on June 16, 1999. The 
CBO estimates for S. 955 and H.R. 1665 are identical.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               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 italics, existing law in which no change 
is proposed is shown in roman):

                SECTION 2 OF THE ACT OF OCTOBER 27, 1992


AN ACT To expand the boundaries of the Fredericksburg and Spotsylvania 
     County Battlefields Memorial National Military Park, Virginia

SEC. 2. ADDITION TO WILDERNESS BATTLEFIELD.

  (a) Section (2) of Public Law 101-214 (16 U.S.C. 425k(a)) is 
amended--
          (1)  * * *
          (2) by striking ``1989.'' and inserting in lieu 
        thereof ``1989, and the map entitled `Fredericksburg 
        and Spotsylvania National Military Park,' numbered 326-
        40072E/89/A and dated September 1990.'' [: Provided, 
        That this subsection shall not be effective until the 
        lands included within the proposed new boundaries of 
        the Fredericksburg and Spotsylvania County Battlefields 
        Memorial National Military Park pursuant to this Act 
        have been donated to the Secretary of the Interior.
  [(b) Lands included within the boundaries of the 
Fredericksburg and Spotsylvania County Battlefields Memorial 
National Military Park pursuant to this section may be acquired 
only by donation.]
                              ----------                              


                        ACT OF DECEMBER 11, 1989


AN ACT To expand the boundaries of the Fredericksburg and Spotsylvania 
       County Battlefields Memorial National Military Park near 
Fredericksburg, Virginia

           *       *       *       *       *       *       *


SEC. 2. REVISION OF PARK BOUNDARIES.

  (a) Boundary Revision.--In furtherance of the purposes of the 
Act entitled ``An Act to establish a national military park at 
and near Fredericksburg, Virginia, and to mark and preserve 
historical points connected with the battles of Fredericksburg, 
Spotsylvania Court House, Wilderness, and Chancellorsville, 
including Salem Church, Virginia'', approved February 14, 1927 
(44 Stat. 1091), the Fredericksburg and Spotsylvania County 
Battlefields Memorial National Military Park (hereinafter in 
this Act referred to as the ``park'') shall hereafter comprise 
the lands and interests in lands within the boundary generally 
depicted as ``Proposed Park Boundary'' on maps entitled 
``Fredericksburg and [Spotslyvania] Spotsylvania National 
Military Park'', numbered 326-40075D/89, 326-40074E/89, 326-
40069B/89, 326-40070D/89, 326-40071C/89, [326-40072E/89,] 326-
40076A/89, and 326-40073D/89, and dated June [1989.] 1989, and 
the map entitled ``Fredericksburg and Spotsylvania National 
Military Park,'' numbered 326-40072E/89/A and dated September 
1990. The maps shall be on file and available for public 
inspection in the Office of the National Park Service, 
Department of the Interior.

           *       *       *       *       *       *       *


SEC. 3. ACQUISITIONS AND CONVEYANCES.

  (a) Acquisition.--[The Secretary] (1) Except as provided in 
paragraph (2), the Secretary is authorized to acquire lands and 
interests in lands within the park, by donation, purchase with 
donated or appropriated funds or by exchange.
  (2) The lands designated ``P04-04'' on the map referred to in 
section 2(a) numbered 326-40072E/89/A and dated September 1990 
may be acquired only by donation, and the lands designated 
``P04-01'', ``P04-02'', and ``P04-03'' on such map may be 
acquired only by donation, purchase from willing sellers, or 
exchange.
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