[House Report 108-257]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-257

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               FORT BAYARD NATIONAL HISTORIC LANDMARK ACT

                                _______
                                

 September 3, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 2059]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2059) to designate Fort Bayard Historic District in the 
State of New Mexico as a National Historic Landmark, and for 
other purposes, 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. 2059 is to designate Fort Bayard 
Historic District in the State of New Mexico as a National 
Historic Landmark, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Fort Bayard was established in 1866 in southeastern New 
Mexico to protect Silver City and other nearby mining 
communities during ongoing fights with Apache Indians living in 
the area. Fort Bayard functioned as an Army post until 1899. 
Its soldiers, many of them African-American, or Buffalo 
Soldiers, protected area settlers. These Buffalo Soldiers were 
a mainstay of the Army during the late Apache wars and fought 
heroically in numerous skirmishes. Like many soldiers who 
served at Fort Bayard, some of the Buffalo Soldiers remained in 
the area following their discharge. Lines of headstones noting 
the names of men and their various Buffalo Soldier units remain 
in the older section of what is now Fort Bayard National 
Cemetery. In 1992, these soldiers were recognized for their 
bravery when a Buffalo Soldier Memorial statue was dedicated at 
the center of the Fort Bayard parade ground.
    By the end of the 19th century, it was clear that the era 
of the western frontier, at least from the Army's perspective, 
had ended. Following the departure of the 9th U.S. Cavalry, the 
War Department authorized the surgeon-general to establish a 
general hospital for use as a military sanatorium, the first 
dedicated to the treatment of officers and enlisted men of the 
Army suffering from pulmonary tuberculosis. In 1920, the War 
Department closed the sanatorium and the United States Public 
Health Service assumed control of the facility. The facility 
was later transferred to the Veterans' Bureau. In 1965, the 
Fort Bayard facility, comprising over 480 acres, was 
transferred to the State of New Mexico, which continues to 
operate the facility for various medical treatment programs. 
The Fort Bayard Historic District was listed on the National 
Register for Historic Places in July 2002, reflecting the 
historic significance of both the original Army post and the 
subsequent medical facility. Designating the site as an 
Historic Landmark would enable the community to receive 
economic assistance which could help fuel more investment in 
the region.

                            COMMITTEE ACTION

    H.R. 2059 was introduced on May 9, 2003, by Congressman 
Stevan Pearce (R-NM). 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 9, 2003, 
the Full Resources Committee met to consider the bill. The 
Subcommittee on National Parks, Recreation and Public Lands was 
discharged from further consideration of the bill by unanimous 
consent. 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 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 is to designate Fort Bayard Historic 
District in the State of New Mexico as a National Historic 
Landmark.
    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, August 11, 2003.
Hon. Richard Pombo,
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. 2059, the Fort 
Bayard National Historic Landmark Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 2059--Fort Bayard National Historic Landmark Act

    H.R. 2059 would designate the Fort Bayard Historic District 
in New Mexico as the Fort Bayard National Historic Landmark. 
The bill would authorize the Department of the Interior to 
execute cooperative agreements with nonfederal entities and to 
provide technical and financial assistance to such entities for 
historic preservation and interpretive activities. For those 
purposes, the bill would authorize the appropriation of 
whatever amounts are necessary.
    The cost of providing technical and financial assistance 
under H.R. 2059 is uncertain because the National Park Service 
(NPS) has not conducted any evaluation of the landmark's 
resources. Based on preliminary information available from the 
NPS at this time and assuming the availability of appropriated 
funds, CBO estimates that such assistance would cost about 
$100,000 over the next three to four years.
    H.R. 2059 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.
    On February 7, 2003, CBO transmitted a cost estimate for S. 
214, the Fort Bayard National Historic Landmark Act, as ordered 
reported by the Senate Committee on Energy and Natural 
Resources on February 5, 2003. S. 214 and H.R. 2059 are very 
similar, and the estimated cost of the two versions of the 
legislation are identical.
    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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