[House Report 110-797]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-797

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



 
TO AUTHORIZE THE EXPANSION OF THE FORT DAVIS NATIONAL HISTORIC SITE IN 
               FORT DAVIS, TEXAS, AND FOR OTHER PURPOSES

                                _______
                                

 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. 6176]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 6176) to authorize the expansion of the Fort Davis 
National Historic Site in Fort Davis, Texas, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 6176 is to authorize the expansion of 
the Fort Davis National Historic Site in Fort Davis, Texas, and 
for other purposes.

                  Background and Need for Legislation

    H.R. 6176 would increase the acreage ceiling for the Fort 
Davis National Historic Site in west Texas, and authorize the 
National Park Service to acquire, from willing sellers, 
approximately 55 acres adjacent to the historic site.
    Fort Davis National Historic Site, authorized in 1961 (P.L. 
87-213) is regarded as one of the best preserved forts in the 
American Southwest. Named for then-Secretary of War Jefferson 
Davis, the fort was strategically located to protect emigrants, 
mail coaches, and freight wagons traveling through the 
southwest from 1854 to 1891.
    Fort Davis is also important to understanding the impact of 
African Americans in the West and in the frontier military, as 
the 24th and 25th U.S. Infantry and the 9th and 10th U.S. 
Cavalry (the all-black ``Buffalo Soldier'' regiments 
established after the Civil War) were stationed at this post.
    The bill would expand the boundary of the historic site to 
encompass some already-completed acquisitions and permit the 
acquisition of several parcels that total approximately 55 
acres on the southwestern boundary of the fort on a prominent 
bluff. Purchase of the land will protect the rural backdrop 
behind the officers' quarters and other portions of the fort so 
that visitors will be able to see the land that surrounds the 
fort as it appeared in the mid- to late-1800s.
    This acquisition will also benefit the adjacent Davis 
Mountains State Park. The land proposed to be added to Fort 
Davis National Historic Site by H.R. 6176 is land that is 
visible from Davis Mountains State Park's Skyline Drive, one of 
that park's significant attractions. For that reason, the Texas 
Parks and Wildlife Department strongly supports the passage of 
this bill.

                            Committee Action

    H.R. 6176 was introduced on June 4, 2008, by Representative 
Ciro Rodriguez (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. At a 
hearing before the Subcommittee on National Parks, Forests and 
Public Lands on July 15, 2008, a representative of the National 
Park Service testified that the administration supports the 
bill.
    On July 16, 2008, the Full Natural Resources Committee met 
to consider H.R. 6176. The Subcommittee on National Parks, 
Forest and Public Lands was discharged from further 
consideration of the bill. H.R. 6176 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 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 expansion of the 
Fort Davis National Historic Site in Fort Davis, Texas, 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. 6176--A bill to authorize the expansion of the Fort Davis National 
        Historic Site in Fort Davis, Texas

    H.R. 6176 would expand the boundary of the Fort Davis 
National Historic Site in Texas. The bill would authorize the 
National Park Service (NPS) to acquire about 55 acres within 
the expanded boundary.
    Based on information provided by the NPS and assuming the 
availability of appropriations, CBO estimates that implementing 
the bill would cost about $1 million over the next two years. 
That amount would be used to purchase about three parcels of 
land totaling 55 acres near the park. We estimate that 
additional costs to develop and operate the new acreage would 
be minimal. Enacting H.R. 6176 would not affect revenues or 
direct spending.
    The bill 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 Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 6176 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


         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):

                        ACT OF SEPTEMBER 8, 1961


                          (Public Law 87-213)

  AN ACT Authorizing the establishment of a national histortc site at 
                 Fort Davis, Jeff Davis County, Texas.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That [the 
Secretary of the Interior] (a) The Secretary of the Interior 
shall acquire, on behalf of the United States, by gift, 
purchase, condemnation, or otherwise, all right, title, and 
interest in and to such lands, not to exceed [476 acres] 646 
acres in all, together with any improvements thereon, as the 
Secretary may deem necessary for the purpose of establishing a 
national historic site at the site of Fort Davis, near the town 
of Fort Davis, Jeff Davis County, Texas.
  (b) The Secretary may acquire from willing sellers land 
comprising approximately 55 acres, as depicted on the map 
titled ``Fort Davis Proposed Boundary Expansion'', numbered 
418/80,045, and dated April 2008. The map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service. Upon acquisition of the land, the 
land shall be incorporated into the Fort Davis National 
Historic Site.

           *       *       *       *       *       *       *

  [Sec. 3. There are hereby authorized to be appropriated such 
sums, but not more than $115,000 for land acquisition, as are 
necessary to carry out the provisions of this Act.]

                                  
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