[House Report 107-652]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-652
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              McLOUGHLIN HOUSE NATIONAL HISTORIC SITE ACT

                                _______
                                

 September 11, 2002.--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. 3434]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3434) to authorize the Secretary of the Interior to 
acquire the McLoughlin House National Historic Site in Oregon 
City, Oregon, and to administer the site as a unit of the 
National Park System, and for other purposes, having considered 
the same, report favorably thereon with amendments and 
recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; DEFINITIONS.

  (a) Short Title.--This Act may be cited as the ``McLoughlin House 
National Historic Site Act''.
  (b) Definitions.--For the purposes of this Act, the following 
definitions apply:
          (1) Association.--The term ``Association'' means the 
        McLoughlin Memorial Association, an organization described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from taxation under section 501(a) of such Code.
          (2) City.--The term ``City'' means Oregon City, Oregon.
          (3) Historic site.--The term ``Historic Site'' means the 
        McLoughlin House National Historic Site which is described in 
        the Acting Assistant Secretary of the Interior's Order of June 
        27, 1941, and generally depicted on the map entitled 
        ``McLoughlin House National Historic Site'', numbered 007/ 
        80,000, and dated 12/01/01, and includes the McLoughlin House, 
        the Barclay House, and other associated real property, 
        improvements, and personal property.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) On June 27, 1941, Acting Assistant Secretary of the 
        Interior W.C. Mendenhall, by means of the authority granted the 
        Secretary under section 2 of the Historic Sites Act of August 
        21, 1935, established the McLoughlin Home National Historic 
        Site, located in the City.
          (2) Since January 16, 1945, the site has been known as 
        McLoughlin House National Historic Site.
          (3) The Historic Site includes the McLoughlin House and 
        Barclay House, which are owned and managed by the Association.
          (4) The Historic Site is located in a Charter Park on Oregon 
        City Block 40, which is owned by the City.
          (5) A cooperative agreement was made in 1941 among the 
        Association, the City, and the United States, providing for the 
        preservation and use of the McLoughlin House as a national 
        historic site.
          (6) The Association has had an exemplary and longstanding 
        role in the stewardship of the Historic Site but is unable to 
        continue that role.
          (7) The Historic Site has been an affiliated area of the 
        National Park System and is worthy of recognition as part of 
        the National Park System.

SEC. 3. MCLOUGHLIN HOUSE NATIONAL HISTORIC SITE.

  (a) Acquisition.--The Secretary is authorized to acquire the Historic 
Site, from willing sellers only, by donation, purchase with donated or 
appropriated funds, or exchange, except that lands or interests in 
lands owned by the City may be acquired by donation only.
  (b) Boundaries; Administration.--Upon acquisition of the Historic 
Site, the acquired property shall be included within the boundaries of, 
and be administered as part of, the Fort Vancouver National Historic 
Site in accordance with all applicable laws and regulations of the 
National Park System.

  Amend the title so as to read:

    A bill to authorize the Secretary of the Interior to 
acquire the McLoughlin House National Historic Site in Oregon 
City, Oregon, and to administer the site as part of the Fort 
Vancouver National Historic Site, and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3434 is to authorize the Secretary of 
the Interior to acquire the McLoughlin House National Historic 
Site in Oregon City, Oregon, and to administer the site as part 
of the unit of the National Park System known as the Fort 
Vancouver National Historic Site, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The McLoughlin House National Historic Site in Oregon City, 
Oregon was once home to Dr. John McLoughlin. Dr. McLoughlin was 
chief factor of the British Hudson's Bay Company based at Ft. 
Vancouver on the Columbia River. He crossed the Rockies in 1824 
and established Fort Vancouver in 1825. Dr. McLoughlin supplied 
American pioneers with the goods they needed to settle and 
survive at their new home in Oregon. Fur trader, developer, 
doctor and mayor, Dr. McLoughlin became known as the ``Father 
of Oregon'' and the McLoughlin House was restored to honor his 
life and accomplishments.
    The McLoughlin Memorial Association was formed in 1909. In 
1910, the Association opened the House as a museum. Since that 
time the house has been visited by thousands of individuals 
each year. In 1941, Congress designated the McLoughlin House a 
National Historic Site and it continued to operate under the 
direction of the Association. When Fort Vancouver National 
Historic Site was established in 1948, the National Park 
Service (NPS) entered into a formal agreement with the 
Association to work cooperatively together.
    In 2000, the Association approached the NPS concerning the 
possibility of the agency assuming administration of the site. 
The Association lacks appropriate funds to maintain the 
historic houses and has asked that the NPS acquire the site and 
assume responsibility to ensure the future care of the Historic 
Site with the Association remaining active in an advisory 
capacity.

                            COMMITTEE ACTION

    H.R. 3434 was introduced on December 6, 2001 by 
Congresswoman Darlene Hooley (D-OR). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
On July 16, 2002, the Subcommittee held a hearing on the bill. 
On July 18, 2002, the Subcommittee met to mark up the bill. Mr. 
Radanovich offered an amendment in the nature of a substitute 
to authorize the acquisition of the property, but to include it 
within the boundaries of the Fort Vancouver National Historic 
Site rather than create a new unit of the National Park System. 
It was adopted by voice vote and was then ordered favorably 
reported to the Full Committee. On July 24, 2002, the Full 
Committee met to consider the bill and ordered the bill, as 
amended, 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 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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to authorize 
the Secretary of the Interior to acquire the McLoughlin House 
National Historic Site in Oregon City, Oregon, and to 
administer the site as part of the Fort Vancouver National 
Historic Site, and for other purposes.
    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 9, 2002.
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. 3434, the 
McLoughlin House National Historic Site 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. 3434--McLoughlin House National Historic Site Act

    H.R. 3434 would authorize the National Park Service (NPS) 
to acquire the McLoughlin House National Historic Site (NHS) in 
Oregon by purchase, donation or exchange. The site, which 
consists of two historic houses, is currently owned and 
operated by a nonprofit organization. Upon acquisition, the 
site would be administered by the NPS as part of the Fort 
Vancouver National Historic Site.
    Based on information provided by the NPS and by the 
McLoughlin Memorial Association, CBO estimates that 
implementing H.R. 3434 would cost about $2.7 million over the 
next five years, assuming appropriation of the necessary 
amounts. We estimate that about $500,000 of this amount would 
be used to purchase the two buildings during the next year or 
two and that about $1 million would be spent to repair and 
restore them over the following few years. We estimate that the 
cost of operating the site as part of the Fort Vancouver NHS 
would be about $300,000 annually beginning in 2003 or 2004, 
also assuming appropriation of the necessary amounts. Finally, 
CBO estimates that an additional $2 million would be spent 
after 2007 for further renovation and development. Enacting 
H.R. 3434 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    This legislation contains no intergovernmental or private-
sector mandates and would impose no costs on state, local, or 
tribal governments.
    The CBO staff contact for this estimate 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

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

                                
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