[House Report 110-791]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-791

======================================================================



 
 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.

                                  
