[House Report 109-289]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-289

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                FRANKLIN NATIONAL BATTLEFIELD STUDY ACT

                                _______
                                

 November 10, 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. 1972]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1972) to direct the Secretary of the Interior to conduct 
a special resource study to determine the suitability and 
feasibility of including in the National Park System certain 
sites in Williamson County, Tennessee, relating to the Battle 
of Franklin, 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 ``Franklin National Battlefield Study 
Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) Study area.--The term ``study area'' means the cities of 
        Brentwood, Franklin, Triune, Thompson's Station, and Spring 
        Hill, Tennessee.

SEC. 3. SPECIAL RESOURCE STUDY.

  (a) In General.--The Secretary shall conduct a special resource study 
of sites in the study area relating to the Battle of Franklin to 
determine--
          (1) the national significance of the sites; and
          (2) the suitability and feasibility of including the sites in 
        the National Park System.
  (b) Requirements.--The study conducted under subsection (a) shall 
include the analysis and recommendations of the Secretary on--
          (1) the effect on the study area of including the sites in 
        the National Park System; and
          (2) whether the sites could be included in an existing unit 
        of the National Park System or other federally designated unit 
        in the State of Tennessee.
  (c) Consultation.--In conducting the study under subsection (a), the 
Secretary shall consult with--
          (1) appropriate Federal agencies and State and local 
        government entities; and
          (2) interested groups and organizations.
  (d) Applicable Law.--The study required under subsection (a) shall be 
conducted in accordance with Public Law 91-383 (16 U.S.C. 1a-1 et 
seq.).

SEC. 4. REPORT.

   Not later than 3 years after the date funds are made available for 
the study, the Secretary shall submit to the Committee on Resources of 
the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes--
          (1) the findings of the study; and
          (2) any conclusions and recommendations of the Secretary.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

   There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1972 is to direct the Secretary of the 
Interior to conduct a special resources study to determine the 
suitability and feasibility of including in the National Park 
System certain sites in Williamson County, Tennessee, relating 
to the Battle of Franklin.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Battle of Franklin was a significant battle leading to 
the Union victory over the Confederacy in the Civil War. 
Additionally, the Battle was one of the deadliest during the 
Civil War. Currently, there is no National Cemetery or National 
Battlefield commemorating the Battle. The study authorized by 
this bill will include the cities of Brentwood, Franklin, 
Triune, Thompson's Station, and Spring Hill, Tennessee. The 
Secretary of the Interior will determine if sites within the 
study area have national significance and if they can be 
included in an existing unit of the National Park System or 
another federally designated unit. As ordered reported, the 
bill instructs the Secretary to report the findings of the 
study no later than three years following the date on which 
funds are made available for the study.

                            COMMITTEE ACTION

    H.R. 1972 was introduced on April 28, 2005, by 
Congresswoman Marsha Blackburn (R-TN). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks. On September 29, 2005, the 
Subcommittee held a hearing on the bill. On October 19, 2005, 
the full Committee on Resources met to consider the bill. The 
Subcommittee was discharged from further consideration of the 
bill by unanimous consent. Congressman Stevan Pearce (R-NM) 
offered an amendment in the nature of a substitute which gives 
the Secretary of the Interior three years to complete the study 
from the date funds are made available for the study. The 
Pearce amendment was adopted 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 tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill would increase offsetting receipts and 
direct spending, but ``any net change in direct spending 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 direct the Secretary of the 
Interior to conduct a special resources study to determine the 
suitability and feasibility of including in the National Park 
System certain sites in Williamson County, Tennessee, relating 
to the Battle of Franklin.
    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. 1972--Franklin National Battlefield Study Act

    H.R. 1972 would direct the Secretary of the Interior to 
conduct a special resource study of sites in Tennessee related 
to the Battle of Franklin. The purpose of the study would be to 
determine the national significance of various sites and to 
evaluate the suitability and feasibility of including them in 
the National Park System. Based on information provided by the 
National Park Service and assuming the availability of 
appropriated funds, CBO estimates that carrying out the 
proposed study would cost about $250,000 over the next three 
years. Enacting H.R. 1972 would not affect direct spending or 
revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of state, 
local, or tribal governments.
    On October 4, 2005, CBO transmitted a cost estimate for S. 
955, the Franklin National Battlefield Study Act, as ordered 
reported by the Senate Committee on Energy and Natural 
Resources on September 28, 2005. The two versions of the 
legislation are very similar, and the cost estimates are 
identical.
    The CBO staff contract 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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