[House Report 110-798]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-798

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



 
                          CAMP HALE STUDY ACT

                                _______
                                

 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. 3336]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3336) to direct the Secretary of the Interior to 
carry out a study to determine the suitability and feasibility 
of establishing a historic district to the Camp Hale on parcels 
of land in the State of Colorado, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Camp Hale Study Act''.

SEC. 2. SPECIAL RESOURCE STUDY OF THE SUITABILITY AND FEASIBILITY OF 
                    ESTABLISHING CAMP HALE AS A UNIT OF THE NATIONAL 
                    PARK SYSTEM.

  (a) In General.--The Secretary of the Interior, acting through the 
Director of the National Park Service, (hereinafter referred to as the 
``Secretary'') shall complete a special resource study of Camp Hale to 
determine--
          (1) the suitability and feasibility of designating Camp Hale 
        as a separate unit of the National Park System; and
          (2) the methods and means for the protection and 
        interpretation of Camp Hale by the National Park Service, other 
        Federal, State, or local government entities or private or 
        nonprofit organizations.
  (b) Study Requirements.--The Secretary shall conduct the study in 
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5).
  (c) Report.--Not later than 3 years after the date on which funds are 
made available to carry out this Act, the Secretary shall submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report 
containing--
          (1) the results of the study; and
          (2) any recommendations of the Secretary.

SEC. 3. EFFECT OF STUDY.

  Nothing in this Act shall affect valid existing rights, including--
          (1) all interstate water compacts in existence on the date of 
        the enactment of this Act (including full development of any 
        apportionment made in accordance with the compacts);
          (2) water rights decreed at the Camp Hale site or flowing 
        within, below, or through the Camp Hale site;
          (3) water rights in the State of Colorado;
          (4) water rights held by the United States; and
          (5) the management and operation of any reservoir, including 
        the storage, management, release, or transportation of water.

  Amend the title so as to read:

    A bill to direct the Secretary of the Interior to carry out 
a study to determine the suitability and feasibility of 
establishing Camp Hale as a unit of the National Park System.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3336, as ordered reported, is to direct 
the Secretary of the Interior to carry out a study to determine 
the suitability and feasibility of establishing Camp Hale as a 
unit of the National Park System.

                  BACKGROUND AND NEED FOR LEGISLATION

    Camp Hale was established during World War II as a training 
venue for the Army's 10th Mountain Division and other elements 
of the U.S. Armed Forces. The geography of the area is ideal 
for winter and high-altitude training, with steep mountains 
surrounding a level valley suitable for housing and other 
facilities.
    In addition to the 10th Mountain Division, the 38th 
Regimental Combat Team, 99th Infantry Battalion, and soldiers 
from Fort Carson were trained at Camp Hale from 1942 to 1965. 
Throughout this time, the Army tested a variety of weapons and 
equipment at Camp Hale.
    Between 1956 and 1965, the camp was also used by the 
Central Intelligence Agency as a secret center for training 
Tibetan refugees in guerilla warfare to resist the Chinese 
occupation of their mountainous country.
    In July 1965, Camp Hale was deactivated and control of the 
lands was returned to the Forest Service in 1966. Today the 
camp is part of the White River and San Isabel National 
Forests. The U.S. Army Corps of Engineers is working to clean 
up potentially hazardous munitions left over from weapons 
testing at the camp, particularly in the East Fork.
    Camp Hale was placed on the National Register of Historic 
Places in 1992. As introduced, H.R. 3336 would direct the 
Secretary of the Interior to study the feasibility and 
suitability of establishing Camp Hale, near Leadville, 
Colorado, as a national historic district.

                            COMMITTEE ACTION

    H.R. 3336 was introduced August 2, 2007, by Rep. Doug 
Lamborn (R-CO). 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 on 
July 10, 2008, before the Subcommittee on National Parks, 
Forests, and Public Lands, a representative of the National 
Park Service testified that the administration had no objection 
to the bill.
    On July 16, 2008, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee on National Parks, 
Forests and Public Lands was discharged from further 
consideration of the measure. Representative Lamborn offered an 
amendment in the nature of a substitute to direct the National 
Park Service to study the suitability and feasibility of 
designating Camp Hale as a unit of the National Park System. 
The amendment in the nature of a substitute also conforms the 
study instructions to standard special resource study language.
    The amendment was adopted by unanimous consent. The bill, 
as amended, was then ordered 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 ``Camp 
Hale Study Act.''

Section 2. Special resource study of the suitability and feasibility of 
        establishing Camp Hale as a unit of the National Park System

    Section 2 directs the Secretary of the Interior, acting 
through the Director of the National Park Service, to complete 
a special resource study of Camp Hale to determine the 
suitability and feasibility of designating Camp Hale as a 
separate unit of the National Park System, and also to consider 
other federal, state, local, private or nonprofit means of 
protecting and interpreting the site.
    The committee expects that the study shall include an 
analysis of the following:
    (1) The significance of Camp Hale in relation to the 
defense of our Nation during World War II and the Cold War, 
including--
          (A) use of Camp Hale for training of the 10th 
        Mountain Division and other elements of the United 
        States Armed Forces; and
          (B) use of Camp Hale for training by the Central 
        Intelligence Agency of Tibetan refugees seeking to 
        resist the Chinese occupation of Tibet.
    (2) Opportunities for public enjoyment of the site.
    (3) Any operational, management, and private property 
issues that need to be considered if Camp Hale were to be added 
to the National Park System.
    (4) The feasibility of administering Camp Hale as a unit of 
the National Park System considering its size, configuration, 
ownership, costs, and other factors.
    (5) The feasibility of designating a significantly smaller 
portion of the generally accepted boundaries of the full Camp 
Hale site as a unit of the National Park System, including--
          (A) a recommendation on the size and features of a 
        smaller designation more easily managed by the 
        Secretary; and
          (B) recommendations as to the relevant buildings, 
        training sites, and/or other locations representative 
        of the history of the full site.
    (6) The adequacy of other alternatives for management and 
resource protection of Camp Hale and for appropriately 
commemorating the role of Camp Hale in connection with training 
of United States troops and assistance to Tibetans opposed to 
the occupation of Tibet.

Section 3. Effect of study

    Section 3 states that nothing in this Act affects valid 
existing rights, including water rights.

            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, as ordered reported, is to direct the 
Secretary of the Interior to carry out a study to determine the 
suitability and feasibility of establishing Camp Hale as a unit 
of the National Park System.
    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. 3336--Camp Hale Study Act

    H.R. 3336 would require the National Park Service (NPS) to 
conduct a study of Camp Hale, a former military training area 
in Colorado, to determine the feasibility and suitability of 
designating the site as a unit of the National Park System. 
Based on information provided by the NPS and assuming the 
availability of appropriations, CBO estimates that conducting 
the required study would cost less than $500,000 over the next 
three years. Enacting H.R. 3336 would not affect revenues or 
direct spending.
    H.R. 3336 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. 3336 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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