[House Report 108-639]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-639

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  CASTILLO DE SAN MARCOS NATIONAL MONUMENT PRESERVATION AND EDUCATION 
 ACT; CASTILLO DE SAN MARCOS NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT 
                                OF 2004

                                _______
                                

 September 7, 2004.--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. 2457]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2457) to authorize funds for an educational center for 
the Castillo de San Marcos National Monument, 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:

   TITLE I--CASTILLO DE SAN MARCOS NATIONAL MONUMENT PRESERVATION ACT

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Castillo de San Marcos National 
Monument Preservation and Education Act''.

SEC. 102. VISITOR CENTER.

  (a) Authorization.--Subject to the availability of appropriations and 
the project being prioritized in the National Park Services 5-year, 
line-item construction program, the Secretary of the Interior (referred 
to in this section as the ``Secretary'') may design and construct a 
Visitor Center for the Castillo de San Marcos National Monument 
(referred to in this section as the ``Monument'').
  (b) Preferred Alternative.--The Visitor Center authorized in 
subsection (a) shall be located and constructed in accordance with the 
Preferred Alternative identified in the Record of Decision for the 
General Management Plan for the Monument, expected to be signed in 
2005.

SEC. 103. COOPERATIVE AGREEMENT.

  The Secretary may enter into cooperative agreements with the City of 
St. Augustine, Florida, the Colonial St. Augustine Preservation 
Foundation, other Federal, State, and local departments or agencies, 
academic institutions, and non-profit entities for the planning and 
design, construction, management, and operation of the Visitor Center.

SEC. 104. BOUNDARY EXPANSION.

  (a) Property Acquisition.--If the Preferred Alternative for the 
Visitor Center authorized by section 102 is located outside the 
boundary of the Monument, the Secretary is authorized to acquire the 
site for the Visitor Center, from willing sellers, by donation, 
purchase with donated or appropriated funds, or by exchange.
  (b) Administration of Newly Acquired Land.--Land added to the 
Monument pursuant to subsection (a) shall be administered by the 
Secretary in accordance with applicable laws and regulations.
  (c) Boundary Modification.--The boundary of the Monument shall be 
modified to reflect the acquisition of land authorized in subsection 
(a) after completion of the acquisition.

SEC. 105. PROJECT APPROVAL.

  Prior to initiating any planning, design, or construction on the 
Visitor Center authorized by section 102, the project must be reviewed 
and approved by the National Park Service consistent with partnership 
construction guidelines established by that agency.

      TITLE II--CASTILLO DE SAN MARCOS NATIONAL MONUMENT BOUNDARY 
                              MODIFICATION

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Castillo de San Marcos National 
Monument Boundary Adjustment Act of 2004''.

SEC. 202. FINDINGS.

  Congress finds the following:
          (1) The early defense lines for Fort Marion, Florida, today 
        known as the Castillo de San Marcos National Monument, included 
        defenses extending in a line due west to the Sebastian River, a 
        distance of about one half mile.
          (2) In the 1830's, during the Seminole Wars in Florida, these 
        defensive lines were maintained, but as Florida became more 
        settled they fell into disrepair and/or became obsolete.
          (3) In 1908 the War Department deeded much of the property 
        running west to the Sebastian River to the St. Johns County 
        Board of Public Instruction. The portion of this property 
        remaining in federal ownership today is occupied by Orange 
        Street, a City of St. Augustine, Florida street.
          (4) For nearly a century, the City of St. Augustine has 
        maintained and managed Orange Street, a modern city street, and 
        associated utilities in the Orange Street corridor.
          (5) Any archeological remains that are still present on the 
        property overlaid by Orange Street are adequately protected by 
        the City's archeological ordinances, and by the City having an 
        archeologist on staff.
          (6) Although the city currently operates Orange Street under 
        a right-of-way from the National Park Service, from a 
        management perspective it is appropriate for the City of St. 
        Augustine to own Orange Street.

SEC. 203. BOUNDARY ADJUSTMENT.

  (a) Conveyance of Land.--The Secretary of the Interior shall convey, 
without consideration, to the City of St. Augustine, Florida, all 
right, title, and interest of the United States in and to the lands 
known as Orange Street, a portion of the Castillo de San Marcos 
National Monument (Monument), consisting of approximately 3.1 acres, as 
shown on the map entitled Castillo de San Marcos National Monument 
Boundary Adjustment and Correction, numbered 343/80060, and dated April 
2003. Upon completion of the conveyance, the Secretary shall revise the 
boundary of the Monument to exclude the land conveyed.
  (b) Boundary Revision.--Effective on the date of the enactment of 
this Act, the boundary of the Monument is revised to include an area of 
approximately 0.45 acres, as shown on the map identified in subsection 
(a). The Secretary shall administer the lands included in the boundary 
as part of the national monument in accordance with applicable laws and 
regulations.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2457 is to authorize funds for an 
educational center for the Castillo de San Marcos National 
Monument, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Located in St. Augustine, Florida, the Castillo de San 
Marcos National Monument is the oldest existing permanent 
seacoast fortification in the continental United States. The 
star-shaped fort, surrounding moat, and earthworks were 
constructed between 1672-1756 to protect Spanish territory in 
Florida and the shipping routes along the Florida coast. 
Castillo de San Marcos replaced an earlier series of earth and 
wood fortifications and was the northernmost outpost of the 
Spanish Caribbean. It was the focus of struggle between Great 
Britain and Spain for regional supremacy during the 17th and 
18th centuries. In addition, the Castillo was the site of a 
British Garrison during the American Revolution and was last 
employed for defensive purposes in 1898 during the Spanish-
American War.
    The City of St. Augustine recently launched a restoration 
initiative in conjunction with both public and private entities 
in the community to preserve and enhance the Castillo de San 
Marcos National Monument. This project consists of two phases. 
The first phase includes the acquisition of properties which 
border the west region of the National Monument, and the design 
and planning stage of a visitors' educational resource center. 
The second phase involves the construction of the educational 
center which will complete the restoration project.
    H.R. 2457 would authorize the Secretary of the Interior to 
grant funds for an educational center for the Castillo de San 
Marcos National Monument. Two million dollars will remain 
available until expended for land acquisition for the Center 
from willing owners only and for design and planning of the 
Center. In addition to these funds, the Secretary of the 
Interior will also set aside $2 million to remain available 
until expended for construction of the Center.

                            COMMITTEE ACTION

    H.R. 2457 was introduced by Congressman John Mica (R-FL) on 
June 12, 2003. 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 22, 2003, 
the Subcommittee held a hearing on the bill. On July 8, 2004, 
the Subcommittee met to mark up the bill. An amendment in the 
nature of a substitute was offered by Chairman George 
Radanovich (R-CA) which added to the underlying legislation 
Title II, Castillo de San Marcos National Boundary 
Modification. Title II removed 3.1 acres located within the 
boundary of the Monument and conveyed it to the City of St. 
Augustine. It also added .45 acres of private land to the 
Monument. The amendment was agreed to by unanimous consent, and 
the bill as amended was forwarded to the Full Resources 
Committee by unanimous consent. On July 14, 2004, the Full 
Resources Committee met to mark up the bill. Chairman Richard 
Pombo (R-CA) offered an amendment in the nature of a substitute 
that followed recommendations made by the Administration with 
respect to Title I of the bill. Chiefly, the Pombo amendment 
deferred action on the construction of a visitor's education 
center for the Monument pending the completion of the General 
Management Plan (GMP) for the Monument. The visitor's center 
will be constructed in a manner consistent with the GMP's 
preferred alternative. In addition, the amendment authorized 
the acquisition of property, as necessary, to meet the needs of 
the alternative. The amendment was agreed to by unanimous 
consent. The bill as amended, was 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, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget office, 
enactment of this bill could affect direct spending, but any 
effects would be negligible.
    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 authorize funds for an educational 
center for the Castillo de San Marcos National Monument, 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:

H.R. 2457--Castillo de San Marcos National Monument Preservation and 
        Education Act

    CBO estimates that implementing H.R. 2457 would cost about 
$5 million over the 2006-2009 period, assuming the availability 
of appropriated funds. Enacting the bill could affect direct 
spending, but we estimate that any such effects would be 
negligible. H.R. 2457 would not affect revenues. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impost no 
costs on state, local, or tribal governments.
    H.R. 2457 would authorize the National Park Service (NPS) 
to design and build a visitor center for the Castillo de San 
Marcos National Monument in Florida. The center would be 
located and constructed as specified in a new plan for the 
monument that, under current law, is expected to be completed 
in 2005. Because details on alternative designs and locations 
for the proposed visitor enter being considered under that plan 
are not available at the present time, CBO cannot estimate the 
cost of building that center with precision. However, based on 
information from the NPS about the average cost of other 
visitor centers, we estimate that the new center would cost $5 
million, assuming appropriation of the necessary amounts. (The 
cost could be greater if a more-complex design for the project 
is chosen.) We also estimate that construction would begin in 
2006 and last at least two years.
    H.R. 2457 also would direct the Secretary of the Interior 
to convey, for no consideration, 3.1 acres of land within the 
monument to the city of St. Augustine. According to the NPS, 
the land to be conveyed currently generates no significant 
receipts and is not expected to do so over the next 10 years. 
Hence we estimate that conveying it would not significantly 
affect offsetting receipts (a credit against direct spending). 
We also estimate that the agency would spend less than $50,000 
to complete the conveyance, assuming the availability of 
appropriated funds.
    The CBO staff contact for this estimate is Megan Carroll. 
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 to existing 
law.

                                  
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