[House Report 107-325]
[From the U.S. Government Publishing Office]



                                                                       
107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-325

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          HOMESTEAD NATIONAL MONUMENT OF AMERICA ADDITIONS ACT

                                _______
                                

December 6, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany H.R. 38]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 38) to provide for additional lands to be included within 
the boundaries of the Homestead National Monument of America in 
the State of Nebraska, and for other purposes, 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Homestead National Monument of America 
Additions Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Map.--The term ``map'' means the map entitled ``Proposed 
        Boundary Adjustment, Homestead National Monument of America, 
        Gage County, Nebraska'', numbered 368/80036 and dated March 
        2000.
          (2) Monument.--The term ``Monument'' means the Homestead 
        National Monument of America, Nebraska.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. ADDITIONS TO HOMESTEAD NATIONAL MONUMENT OF AMERICA.

  (a) In General.--The Secretary may acquire, by donation or by 
purchase with appropriated or donated funds, from willing sellers only, 
the privately-owned property described in paragraphs (1) and (2) of 
subsection (b). The Secretary may acquire, by donation only, the State-
owned property described in paragraphs (3) and (4) of subsection (b).
  (b) Parcels.--The parcels referred to in subsection (a) are the 
following:
          (1) Graff property.--The parcel consisting of approximately 
        15.98 acres of privately-owned land, as depicted on the map.
          (2) Pioneer acres green.--The parcel consisting of 
        approximately 3 acres of privately-owned land, as depicted on 
        the map.
          (3) Segment of state highway 4.--The parcel consisting of 
        approximately 5.6 acres of State-owned land including Nebraska 
        State Highway 4, as depicted on the map.
          (4) State triangle.--The parcel consisting of approximately 
        8.3 acres of State-owned land, as depicted on the map.
  (c) Boundary Adjustment.--Upon acquisition of a parcel described in 
subsection (b), the Secretary shall modify the boundary of the Monument 
to include the parcel. Any parcel included within the boundary shall be 
administered by the Secretary as part of the Monument.
  (d) Deadline for Acquisition of Certain Property.--If the property 
described in subsection (b)(1) is not acquired by the Secretary from a 
willing seller within 5 years after the date of the enactment of this 
Act, the Secretary shall no longer be authorized to acquire such 
property pursuant to this Act and such property shall not become part 
of the Monument pursuant to this Act.
  (e) Availability of Map.--The map shall be on file in the appropriate 
offices of the National Park Service.
  (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $400,000.

SEC. 4. COOPERATIVE AGREEMENTS.

  The Secretary may enter into cooperative agreements with the State of 
Nebraska, Gage County, local units of government, private groups, and 
individuals for operation, maintenance, interpretation, recreation, and 
other purposes related to the proposed Homestead Heritage Highway to be 
located in the general vicinity of the Monument.

                          PURPOSE OF THE BILL

    The purpose of H.R. 38 is to provide for additional lands 
to be included within the boundaries of the Homestead National 
Monument of America in the State of Nebraska, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Homestead National Monument of America, located in 
southeast Nebraska near the town of Beatrice, Nebraska, 
commemorates one of the first homesteads claimed following the 
passage of the 1862 Homestead Act. The National Monument 
includes a pioneer cabin, an old school house, nearly one 
hundred acres of restored tall grass prairie, and a visitor 
center.
    The purchase of additional land would allow the National 
Park Service (NPS) to build a new Homestead Heritage Center, a 
28,000 square-foot facility that would hold the monument's 
collections, interpretive exhibits, public research facilities 
and administrative offices. The new Homestead Heritage Center 
would be located outside the hundred year flood-plain and offer 
better protection to the 14,000 artifacts currently in storage 
due to lack of available space in the existing facilities. 
Funds to build the visitor center were appropriated in fiscal 
year 2001, but the NPS has been waiting to build the new center 
until land above the flood-plain has been acquired.
    The NPS has arranged with the Nebraska Department of Roads 
to move State Highway 4 from the monument and create the 
Homestead Heritage Parkway. The Parkway would allow for 
educational displays of agricultural procedures, past and 
present, along the road. The parkway would also allow for a 
hike and bike path that would connect the park to Beatrice, 
four miles to the east.

                            COMMITTEE ACTION

    H.R. 38 was introduced on January 3, 2001, by Congressman 
Doug Bereuter (R-NE) and was referred to the Committee on 
Resources. On February 15, 2001, the bill was referred to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
On October 4, 2001, the Subcommittee held a hearing on the 
bill. On November 15, 2001, the Subcommittee met to mark up the 
bill. Congressman George Radanovich (R-CA) offered an amendment 
making technical changes to the boundary description increasing 
the acreage from 1.4 acres to approximately 5.6 acres. It was 
adopted by voice vote. The bill, as amended, was then forwarded 
to the Full Committee by unanimous consent. On November 28, 
2001, the Full Resources Committee met to consider the bill. No 
amendments were offered and the bill was then ordered favorably 
reported to the House of Representatives by unanimous consent.

            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, and Article IV, section 3 of the 
Constitution of the United States grant 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 is to provide for additional lands to be 
included within the boundaries of the Homestead National 
Monument of America in the State of Nebraska.
    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, December 4, 2001.
Hon. James V. Hansen,
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. 38, the Homestead 
National Monument of America Additions Act.
    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. 38--Homestead National Monument of America Additions Act

    H.R. 38 would authorize the Secretary of the Interior to 
acquire four parcels of land totaling almost 33 acres in 
Nebraska. The land would be added to the Homestead National 
Monument of America in Gage County, Nebraska. The bill would 
allow the Secretary to acquire approximately 19 acres of 
privately owned land by donation or purchase. The Secretary 
would be permitted to acquire approximately 14 acres of state-
owned property by donation only. Finally, section 3 would 
authorize the appropriation of $400,000 to implement the 
legislation.
    CBO estimates that implementing H.R. 38 would have no 
significant impact on the federal budget. The $400,000 needed 
to purchase the two parcels of privately owned land for the 
monument was already appropriated for fiscal year 2001, and we 
estimate that annual costs to manage these parcels (and any 
property donated by the state) would not be significant. The 
bill would not affect direct spending; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 38 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Any actions taken by the state of Nebraska or local governments 
in the state as a result of this legislation, including 
donating land for the monument, would be voluntary.
    The CBO staff contact for this estimate is Deborah Reis. 
The 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

    If enacted, this bill would make no changes in existing 
law.

                                  
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