[House Report 109-111]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-111

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ESTABLISHMENT OF NEW HAMPSHIRE MEMORIAL ANTIETAM NATIONAL BATTLEFIELD, 
                                MARYLAND

                                _______
                                

  June 8, 2005.--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. 1084]

      (Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1084) to authorize the establishment at Antietam National 
Battefield of a memorial to the officers and enlisted men of 
the Fifth, Sixth, and Ninth New Hampshire Volunteer Infantry 
Regiments and the First New Hampshire Light Artillery Battery 
who fought in the Battle of Antietam on September 17, 1862, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1084 is to authorize the establishment 
at Antietam National Battlefield of a memorial to the officers 
and enlisted men of the Fifth, Sixth, and Ninth New Hampshire 
Volunteer Infantry Regiments and the First New Hampshire Light 
Artillery Battery who fought in the Battle of Antietam on 
September 17, 1862, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Regiments from New Hampshire fought heroically in the 
Battle of Antietam and history notes their support of the 
Maryland 2nd as they charged what became know as Burnside's 
Bridge.
    H.R. 1084 authorizes the Secretary of the Interior to 
establish a memorial at Antietam National Battlefield to 
certain New Hampshire Volunteer Infantry Regiments and the New 
Hampshire Light Artillery Battery. The bill directs the 
Secretary to select persons responsible for the establishment 
of the memorial and prohibits the use of federal funds in the 
design, acquisition, preparation and installing of the 
memorial. Additionally, the Secretary must approve the size, 
design and inscriptions placed on the monument. Once the 
memorial is in place, the Secretary will accept responsibility 
for maintenance, but will be permitted to accept donations into 
a specific account for the New Hampshire memorial.

                            COMMITTEE ACTION

    H.R. 1084 was introduced on March 3, 2005, by Congressman 
Jeb Bradley (R-NH). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks. On May 12, 2005, the Subcommittee on National 
Parks held a hearing on the bill. On May 18, 2005, the 
Resources Committee met to consider the bill, at which time the 
Subcommittee was discharged from further consideration of the 
bill by unanimous consent. No amendments were offered and H.R. 
1084 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 ofRepresentatives 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 tax expenditures. 
According to the Congressional Budget Office, enactment of this 
bill ``could result in a negligible increase in revenues from 
private donations and in the direct spending of such amounts to 
pay for some of the costs of maintenance.''
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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. 1084--A bill to authorize the establishment at Antietam National 
        Battlefield of a memorial to the officers and enlisted men of 
        the Fifth, Sixth, and Ninth New Hampshire Volunteer Infantry 
        Regiments and the First New Hampshire Light Artillery Battery 
        who fought in the Battle of Antietam on September 17, 1862

    H.R. 1084 would require the National Park Service (NPS) to 
allow a memorial to be built at the Antietam National 
Battlefield in honor of certain forces that fought in the 
Battle of Antietam. The memorial would be designed and 
constructed without the use of federal funds by an entity 
selected by the NPS. The agency would be responsible for 
maintenance of the memorial and would be authorized to accept 
and use private contributions for that purpose.
    CBO estimates that enacting H.R. 1084 would have no 
significant impact on the federal budget. The only financial 
responsibility that the NPS would have for the memorial would 
be the payment of maintenance expenses, which are likely to be 
negligible. Enacting the bill also could result in a negligible 
increase in revenues from private donations and in the direct 
spending of such amounts to pay for some of the costs of 
maintenance.
    H.R. 1084 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of 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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