[House Report 108-743]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-743
======================================================================
 
                           HIBBEN CENTER ACT

                                _______
                                

October 6, 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. 3258]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3258) to authorize the Secretary of the Interior, in 
cooperation with the University of New Mexico, to construct and 
occupy a portion of the Hibben Center for Archaeological 
Research at the University of New Mexico, 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 ``Hibben Center Act''.

SEC. 2. LEASE AGREEMENT.

  (a) Authorization.--The Secretary of the Interior may enter into an 
agreement with the University of New Mexico to lease space in the 
Hibben Center for Archaeological Research at the University of New 
Mexico for research on, and curation of, the archaeological research 
collections of the National Park Service relating to the Chaco Culture 
National Historical Park and Aztec Ruins National Monument.
  (b) Term; Rent.--The lease shall provide for a term not exceeding 40 
years and a nominal annual lease payment.
  (c) Improvements.--The lease shall permit the Secretary to make 
improvements and install furnishings and fixtures related to the use 
and curation of the collections.

SEC. 3. GRANT.

  Upon execution of the lease, the Secretary may contribute to the 
University of New Mexico:
          (1) up to 37 percent of the cost of construction of the 
        Hibben Center, not to exceed $1,750,000; and
          (2) the cost of improvements, not to exceed $2,488,000.

SEC. 4. COOPERATIVE AGREEMENT.

  The Secretary may enter into cooperative agreements with the 
University of New Mexico, Federal agencies, and Indian tribes for the 
curation of and conduct of research on artifacts, and to encourage 
collaborative management of the Chacoan archaeological artifacts 
associated with northwestern New Mexico.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary such sums as 
may be necessary for the purposes of this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3258 is to authorize the Secretary of 
the Interior, in cooperation with the University of New Mexico, 
to construct and occupy a portion of the Hibben Center for 
Archaeological Research at the University of New Mexico, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    From 1929-1937 the University of New Mexico (UNM) conducted 
field schools and archaeological research, resulting in 
extensive collections held at its Maxwell Museum of 
Anthropology. Commencing in 1949, the University progressively 
transferred the property to the federal government as part of a 
succession of agreements by which the National Park Service 
(NPS) established the Chaco Canyon Park while university 
archaeologists and curators worked with their NPS counterparts 
to continue field research in the area. In 1969 the research 
partnership was formalized with the creation of Chaco Research 
Center, located at UNM, where NPS took over the bulk of field 
research in the Park while collaborating with UNM faculty and 
staff on analysis, storage and instruction deriving from this 
activity. With termination of most active field work in 1985, 
this partnership has continued while concentrating on the 
publication of this long phase of investigation and joint NPS/
UNM curation of the vast and unmatched collections, all held in 
the Maxwell Museum of the University of New Mexico.
    The proposed project will relocate the Chaco Park personnel 
currently working in the Maxwell Museum into the Hibben Center 
for Archaeological Research adjacent to the museum. This 
structure built and funded by The University of New Mexico, 
donated by Professor Frank Hibben, first director of the 
Maxwell Museum of Anthropology at UNM and an early Chaco Canyon 
researcher, is intended to give the long-lasting partnership a 
permanent home. Two floors of the building opened in 2003 with 
the completed portion housing the Southwestern archaeology 
collections of the University of New Mexico together with 
research laboratories and photographic archives.
    Under the terms of this legislation, the Secretary of the 
Interior would enter into an agreement with the University of 
New Mexico to lease space in the Hibben Center. The lease term 
should not exceed 40 years and a minimal lease fee will be paid 
by the NPS. This bill also allows the Secretary to contribute 
to the cost of construction of the Hibben Center, not exceeding 
$1.75 million and calls for the NPS to contribute a share of 
the ongoing operation expenses of the center as well.

                            COMMITTEE ACTION

    H.R. 3258 was introduced on October 7, 2003, by 
Congresswoman Heather Wilson (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 
September 14, 2004, the Subcommittee held a hearing on the 
bill. On September 15, 2004, the Full Resource Committee met to 
consider the bill. By unanimous consent, the Subcommittee on 
National Parks, Recreation and Public Lands was discharged from 
further consideration of the bill. Subcommittee Chairman 
Congressman George Radanovich (R-CA) offered an amendment in 
the nature of a substitute. The amendment eliminated the 
provision in the bill calling for the NPS to share in the 
ongoing operating expenses of the Hibben Center as well as 
addressed technical concerns raised by the Administration 
during its testimony in Subcommittee. The amendment was agreed 
to by unanimous consent. The bill, as amended, 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 authorize the Secretary of the 
Interior, in cooperation with the University of New Mexico, to 
construct and occupy a portion of the Hibben Center for 
Archaeological Research at the University of New Mexico, 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. 3258--Hibben Center Act

    H.R. 3258 would authorize the Secretary of the Interior to 
lease space for up to 40 years in the Hibben Center for 
Archaeological Research, a new facility built by the University 
of New Mexico. The bill would authorize the Secretary to enter 
into a lease agreement to provide for nominal annual rent, to 
make leasehold improvements related to the care of the 
archaeological collections, and to pay a pro-rata share of the 
annual operating expenses of the center. In addition, the bill 
would authorize the Secretary to contribute up to $1.75 million 
towards the construction costs of the center and up to $2.488 
million for improvements. For these purposes, the bill would 
authorize the appropriation of whatever amounts are necessary.
    Based on information provided by the National Park Service 
and assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 3258 would cost the federal 
government approximately $4.25 million over the next five 
years. Of this amount, we estimate that $1.75 million would be 
paid to the university in 2005 for construction costs. The 
remaining $2.488 million would be spent in 2004 or 2005 for 
leasehold improvements and furnishings. We estimate that annual 
costs (including payments for rent and possibly a federal 
contribution for center operating costs such as utilities) 
would be negligible.
    H.R. 3258 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
bill would provide a benefit to the University of New Mexico 
(public university), and any costs to the university would be 
incurred voluntarily.
    On July 10, 2003, CBO transmitted a cost estimate for S. 
643, the Hibben Center Act, as ordered reported by the Senate 
Committee on Energy and Natural Resources on June 25, 2003. The 
two versions of the Hibben Center Act are similar, and their 
estimated costs are about the same.
    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 to existing 
law.

                                  
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