[House Report 110-791]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-791
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PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK BOUNDARY EXPANSION AND
REDESIGNATION ACT OF 2008
_______
July 29, 2008.--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. 4828]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4828) to amend the Palo Alto Battlefield
National Historic Site Act of 1991 to expand the boundaries of
the historic site, 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 ``Palo Alto Battlefield National
Historical Park Boundary Expansion and Redesignation Act of 2008''.
SEC. 2. DESIGNATION OF PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.
(a) In General.--The Palo Alto Battlefield National Historic Site is
hereby designated the ``Palo Alto Battlefield National Historical
Park''.
(b) References.--Any reference in a law, map, regulation, document,
paper or other record of the United States to Palo Alto Battlefield
National Historic Site is deemed to be a reference to the Palo Alto
Battlefield National Historical Park.
(c) Conforming Amendments.--The Palo Alto Battlefield National
Historic Site Act of 1991 (Public Law 102-304; 106 Stat. 256; 16 U.S.C.
461) is amended--
(1) by striking ``National Historic Site'' each place it
appears and inserting ``National Historical Park'';
(2) in the heading for section 3, by striking ``national
historic site'' and inserting ``national historical park''; and
(3) by striking ``historic site'' each place it appears and
inserting ``historical park''.
SEC. 3. BOUNDARY EXPANSION.
Section 3(b) of the Palo Alto Battlefield National Historic Site Act
of 1991 (Public Law 102-304; 106 Stat. 256; 16 U.S.C. 461) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The historical park also shall consist of approximately 34
acres as generally depicted on the map entitled `Palo Alto Battlefield
NHS Proposed Boundary Expansion', numbered 469/80,012, and dated May
21, 2008. The map shall be on file and available for public inspection
in the appropriate offices of the National Park Service.''; and
(3) in paragraph (3), as so redesignated, by striking ``map
referred to in paragraph (1)'' and inserting ``maps referred to
in paragraphs (1) and (2)''.
Purpose of the Bill
The purpose of H.R. 4828 is to amend the Palo Alto
Battlefield National Historic Site Act of 1991 to expand the
boundaries of the historic site, and for other purposes.
Background and Need for Legislation
Located in Brownsville, Texas, the Palo Alto Battlefield
National Historic Site is the only National Park System unit
dedicated to the preservation and interpretation of the
Mexican-American War. First established by Congress in 1978 and
updated in 1992, the park preserves the site of the Battle of
Palo Alto, the first battle of the Mexican-American War.
However, fighting was not limited to the parcel of land
currently preserved by the park. Fighting at a site called
Resaca de la Palma proved pivotal in permanently repulsing the
Mexican army from the north bank of the Rio Grande and is
significant to the history preserved by the National Park
Service at Palo Alto Battlefield.
H.R. 4828 would amend the act creating the Palo Alto
Battlefield National Historic Site to designate the 34 acres of
the Resaca de la Palma site as a unit of the park. The parcel
in question is currently owned by the Brownsville Community
Foundation, and would be operated pursuant to a cooperative
agreement between the Foundation and the National Park Service.
Committee Action
H.R. 4828 was introduced on December 18, 2007, by
Representative Solomon Ortiz (D-TX). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
On June 5, 2008, the Subcommittee held a hearing on the bill
during which the National Park Service testified in support of
the legislation.
On July 16, 2008, the Subcommittee was discharged from
further consideration of H.R. 4828 and the Full Natural
Resources Committee met to consider the bill. Representative
Ortiz offered an amendment in the nature of a substitute to
correct the map reference in the bill and to change the
designation of the site from a ``National Historic Site'' to a
``National Historical Park'' in keeping with National Park
Service naming conventions for historic sites with non-
contiguous units. It was adopted by unanimous consent. The
bill, as amended, was then ordered favorably reported to the
House of Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the Act may be cited as the ``Palo
Alto Battlefield National Historical Park Boundary Expansion
and Redesignation Act of 2008.''
Section 2. Designation of Palo Alto Battlefield National Historical
Park
Section 2 redesignates the national historic site as the
``Palo Alto Battlefield National Historical Park,'' amends the
Palo Alto Battlefield National Historic Site Act of 1991
(Public Law 102-304) to effect the change in designation, and
states that any legal references to Palo Alto Battlefield
National Historic Site shall be construed to be references to
Palo Alto Battlefield National Historical Park.
Section 3. Boundary expansion
Section 3 amends the Palo Alto Battlefield National
Historic Site Act of 1991 (Public Law 102-304) to include in
the designation of the historical park the 34 acres generally
depicted on the map entitled ``Palo Alto Battlefield NHS
Proposed Boundary Expansion.''
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 amend the Palo Alto Battlefield
National Historic Site Act of 1991 to expand the boundaries of
the historic site, 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. 4828--Palo Alto Battlefield National Historical Park Boundary
Expansion and Redesignation Act of 2008
H.R. 4828 would expand the boundary of the Palo Alto
Battlefield National Historic Site in Texas to include an
additional 34 acres. The bill also would redesignate the
historic site as a historical park.
Based on information provided by the National Park Service
and assuming the availability of appropriated funds, CBO
estimates that implementing the bill would cost $1.2 million
over the 2009-2013 period. Of that amount, we estimate that
about $400,000 would be used to construct trails, a parking
lot, and other visitor facilities on the 34-acre parcel to be
added to the park, which CBO expects would remain in nonfederal
ownership. The remaining amounts ($200,000 annually beginning
in 2010) would be used to operate the site under a cooperative
agreement with the Brownsville Community Foundation, which owns
the property. Enacting H.R. 4828 would not affect revenues or
direct spending.
H.R. 4828 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 4828 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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PALO ALTO BATTLEFIELD NATIONAL HISTORIC SITE ACT OF 1991
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palo Alto Battlefield
[National Historic Site] National Historical Park Act of
1991''.
* * * * * * *
SEC. 3. PALO ALTO BATTLEFIELD [NATIONAL HISTORIC SITE] NATIONAL
HISTORICAL PARK.
(a) Establishment.--In order to preserve for the education,
benefit, and inspiration of present and future generations the
nationally significant site of the first battle of the Mexican-
American War, and to provide for its interpretation in such
manner as to portray the battle and the Mexican-American War
and its related political, diplomatic, military and social
causes and consequences, there is hereby established the Palo
Alto Battlefield [National Historic Site] National Historical
Park in the State of Texas (hereafter in this Act referred to
as the ``[historic site] historical park'').
(b) Boundary.--(1) The [historic site] historical park shall
consist of approximately 3,400 acres as generally depicted on
the map entitled ``Palo Alto Battlefield [National Historic
Site] National Historical Park'', numbered 469-80,002, and
dated March 1991. The map shall be on file and available for
public inspection in the offices of the Director of the
National Park Service, Department of the Interior.
(2) The historical park also shall consist of approximately
34 acres as generally depicted on the map entitled ``Palo Alto
Battlefield NHS Proposed Boundary Expansion'', numbered 469/
80,012, and dated May 21, 2008. The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
[(2)] (3) Within 6 months after the date of enactment of this
Act, the Secretary of the Interior (hereafter in this Act
referred to as the ``Secretary'') shall file a legal
description of the [historic site] historical park with the
Committee on Interior and Insular Affairs of the United States
House of Representatives and with the Committee on Energy and
Natural Resources of the United States Senate. Such legal
description shall have the same force and effect as if included
in this Act, except that the Secretary may correct clerical and
typographic errors in such legal description and in the [map
referred to in paragraph (1)] maps referred to in paragraphs
(1) and (2). The legal description shall be on file and
available for public inspection in the offices of the National
Park Service, Department of the Interior. The Secretary may,
from time to time, make minor revisions in the boundary of the
[historic site] historical park.
SEC. 4. ADMINISTRATION.
The Secretary, acting through the Director of the National
Park Service, shall manage the [historic site] historical park
in accordance with this Act and the provisions of law generally
applicable to the National Park System, including the Act of
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), and the
Act of August 21, 1935 (49 Stat. 666). The Secretary shall
protect, manage, and administer the [historic site] historical
park for the purposes of preserving and interpreting the
cultural and natural resources of the [historic site]
historical park and providing for the public understanding and
appreciation of the [historic site] historical park in such a
manner as to perpetuate these qualities and values for future
generations.
SEC. 5. LAND ACQUISITION.
Within the [historic site] historical park, the Secretary is
authorized to acquire lands and interest in lands by donation,
purchase with donated or appropriated funds, or exchange. Lands
or interests in lands owned by the State of Texas or political
subdivisions thereof may be acquired only by donation.
SEC. 6. COOPERATIVE AGREEMENTS.
In furtherance of the purposes of this Act, the Secretary is
authorized to enter into cooperative agreements with the United
States of Mexico, in accordance with existing international
agreements, and with other owners of Mexican-American War
properties within the United States of America for the purposes
of conducting joint research and interpretive planning for the
[historic site] historical park and related Mexican-American
War sites. Interpretive information and programs shall reflect
historical data and perspectives of both countries and the
series of historical events associated with the Mexican-
American War.
SEC. 7. MANAGEMENT PLAN.
Within 3 years after the enactment of this Act, the Secretary
shall develop and transmit to the Committee on Interior and
Insular Affairs of the United States House of Representatives
and the Committee on Energy and Natural Resources of the
Senate, a general management plan for the [historic site]
historical park. The plan shall be consistent with section 12
of the Act of August 18, 1970 (16 U.S.C. 1a-7) and with the
purposes of this Act and shall include (but not be limited to)
each of the following:
(1) * * *
* * * * * * *
(3) A general development plan including such roads,
trails, markers, structures, and other improvements and
facilities as may be necessary for the accommodation of
visitor use in accordance with the purposes of this Act
and the need to preserve the integrity of the [historic
site] historical park.
* * * * * * *
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $6,000,000 for
acquisition of lands and interests in lands for purposes of the
Palo Alto Battlefield [National Historic Site] National
Historical Park.