[House Report 110-247]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-247

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 TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO CONVEY TO THE MISSOURI 
   RIVER BASIN LEWIS AND CLARK INTERPRETIVE TRAIL AND VISITOR CENTER 
  FOUNDATION, INC. CERTAIN FEDERAL LAND ASSOCIATED WITH THE LEWIS AND 
CLARK NATIONAL HISTORIC TRAIL IN NEBRASKA, TO BE USED AS AN HISTORICAL 
                   INTERPRETIVE SITE ALONG THE TRAIL

                                _______
                                

 July 23, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 761]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 761) to authorize the Secretary of the Interior to 
convey to The Missouri River Basin Lewis and Clark Interpretive 
Trail and Visitor Center Foundation, Inc. certain Federal land 
associated with the Lewis and Clark National Historic Trail in 
Nebraska, to be used as an historical interpretive site along 
the trail, 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. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC TRAIL, 
                    NEBRASKA.

  (a) Conveyance Authorized.--The Secretary of the Interior may convey, 
without consideration, to the Missouri River Basin Lewis and Clark 
Interpretive Trail and Visitor Center Foundation, Inc. (a 501(c)(3) 
not-for-profit organization with operational headquarters at 100 
Valmont Drive, Nebraska City, Nebraska 68410), all right, title, and 
interest of the United States in and to the federally owned land under 
jurisdiction of the Secretary consisting of 2 parcels as generally 
depicted on the map titled ``Lewis and Clark National Historic Trail'', 
numbered 648/80,002, and dated March 2006.
  (b) Survey; Conveyance Cost.--The exact acreage and legal description 
of the land to be conveyed under subsection (a) shall be determined by 
a survey satisfactory to the Secretary. The cost of the survey and all 
other costs incurred by the Secretary to convey the land shall be borne 
by the Missouri River Basin Lewis and Clark Interpretive Trail and 
Visitor Center Foundation, Inc.
  (c) Condition of Conveyance, Use of Conveyed Land.--The conveyance 
authorized under subsection (a) shall be subject to the condition that 
the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor 
Center Foundation, Inc. use the conveyed land as an historic site and 
interpretive center for the Lewis and Clark National Historic Trail.
  (d) Discontinuance of Use.--If Missouri River Basin Lewis and Clark 
Interpretive Trail and Visitor Center Foundation, Inc. determines to 
discontinue use of the land conveyed under subsection (a) as an 
historic site and interpretive center for the Lewis and Clark National 
Historic Trail, the Missouri River Basin Lewis and Clark Interpretive 
Trail and Visitor Center Foundation, Inc. shall convey lands back to 
the Secretary without consideration.
  (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) or the conveyance, if any, under subsection (d) as the 
Secretary considers appropriate to protect the interests of the United 
States. Through a written agreement with the Foundation, the National 
Park Service shall ensure that the operation of the land conveyed under 
subsection (a) is in accordance with National Park Service standards 
for preservation, maintenance, and interpretation.
  (f) Authorization of Appropriations.--To assist with the operation of 
the historic site and interpretive center, there is authorized to be 
appropriated $150,000 per year for a period not to exceed 10 years.

                          PURPOSE OF THE BILL

    The purpose of H.R. 761 is to authorize the Secretary of 
the Interior to convey to the Missouri River Basin Lewis and 
Clark Interpretive Trail and Visitor Center Foundation, 
Incorporated, certain federal land associated with the Lewis 
and Clark National Historic Trail in Nebraska, to be used as an 
historical interpretive site along the trail.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Missouri River Basin Lewis and Clark Interpretive Trail 
and Visitor Center (Center) is a joint project of the Missouri 
River Basin Lewis and Clark Interpretive Trail and Visitor 
Center Foundation (Foundation) and the National Park Service 
(NPS). The Center sits along the Lewis and Clark National 
Historic Trail in southeastern Nebraska near the Iowa border. 
The NPS provided approximately $1.1 million for the purchase of 
the 78-acre site, as well as design and construction 
supervision services. The NPS also subsidizes the Center with 
approximately $200,000 in operational funding annually. The 
Foundation raised approximately $2.2 million for construction, 
development and operation of the Center.
    H.R. 761 would authorize the Secretary of the Interior to 
convey all right, title and interest of the United States in 
and to the land on which the Center is located to the 
Foundation, free of charge. The land would revert to the United 
States should the Center stop using the land as a ``historic 
site and interpretive center'' for the trail. Once the transfer 
is completed, the Foundation could institute visitor fees and 
special use permit fees. The legislation authorizes the 
appropriation of $150,000 annually to the Center for a period 
not to exceed 10 years. After the ten-year period of continued 
federal funding, the Center is expected become self-sufficient 
and the NPS would no longer be involved in funding the Center.

                            COMMITTEE ACTION

    H.R. 761 was introduced on January 31, 2007 by 
Representative Jeff Fortenberry (R-NE). The bill was referred 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on National Parks, Forests and Public 
Lands. The Subcommittee held a hearing on the measure on June 
14, 2007, at which the Administration testified in support of 
H.R. 761.
    On June 28, 2007, the full Natural Resources Committee met 
to consider the bill. The Subcommittee was discharged from 
further consideration. Subcommittee Chairman Grijalva (D-AZ) 
offered an amendment in the nature of a substitute making 
technical changes to the bill which was adopted by voice vote. 
The bill, as amended, was then ordered favorably reported to 
the House of Representatives by voice vote.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 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 authorize the Secretary of the 
Interior to convey to the Missouri River Basin Lewis and Clark 
Interpretive Trail and Visitor Center Foundation, Incorporated, 
certain federal land associated with the Lewis and Clark 
National Historic Trail in Nebraska, to be used as an 
historical interpretive site along the trail.
    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.761--A bill to authorize the Secretary of the Interior to convey to 
        the Missouri River Basin Lewis and Clark Interpretive Trail and 
        Visitor Center Foundation, Inc., certain federal lands 
        associated with the Lewis and Clark National Historic Trail in 
        Nebraska, to be used as an historical interpretative site along 
        the trail

    H.R. 1337 would authorize the Department of the Interior 
(DOI) to convey two parcels of federally owned land, and a 
visitor center located on the property, associated with the 
Lewis and Clark National Historic Trail in Nebraska to the 
Missouri River Basin Lewis and Clark Interpretive Trail and 
Visitor Center Foundation, Inc. The foundation would continue 
to operate the land as an historic site and interpretive 
center.
    Assuming appropriation of the authorized amount and based 
on information provided by the agency, CBO estimates that DOI 
would spend $150,000 per year to assist with operation of the 
facility. Enacting the legislation would not affect direct 
spending or revenues.
    The legislation contains no private-sector or 
intergovernmental mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contacts for this estimate are Tyler Kruzich 
and David Reynolds. 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.

                           EARMARK STATEMENT

    H.R. 761 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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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