[Senate Report 110-386]
[From the U.S. Government Publishing Office]
Calendar No. 818
110th Congress Report
SENATE
2d Session 110-386
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HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2197]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2197) to modify the boundary of the
Hopewell Culture National Historical Park in the State of Ohio,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the Act
to pass.
Purpose
The purpose of H.R. 2197 is to modify the boundary of the
Hopewell Culture National Historical Park in the State of Ohio,
to add approximately 304 acres to the park.
Background and Need
The Hopewell Culture was a pre-European civilization now
best known for the numerous mounds and earthworks, often built
in geometric patterns, found throughout the Ohio Valley. The
Mound City Group National Monument, located in south-central
Ohio near Chillicothe, Ohio, was created in 1923 by
presidential proclamation. Congress expanded the monument in
1980 (Public Law 96-607), adding a portion of the nearby
Hopeton Earthworks, and in 1992 redesignated the monument as
the Hopewell Culture National Historical Park (Public Law 102-
294). H.R. 2197 would add two tracts, the approximately 180-
acre Spruce Hill Works unit and a 174-acre addition to the
existing Seip Earthworks unit, to the existing park boundary.
The Spruce Hill site was recently purchased by a coalition
of archaeologists and Native American groups. This site was
added to the National Register of Historic Places on February
23, 1972.
Of the 174 acres to be added to the Seip Earthworks unit,
69 acres are already owned by the National Park Service but lie
outside the Congressionally established boundary of the park.
The bill would adjust the boundary and include 39 acres owned
by the Ohio Historical Society as well as 50 acres that may be
acquired from willing sellers.
Legislative History
H.R. 2197, sponsored by Representative Space, passed the
House of Representatives by a voice vote on October 22, 2007. A
companion measure, S. 1993, was introduced by Senator Brown on
August 3, 2007. The Subcommittee on National Parks held a
hearing on both bills on April 9, 2008.
At its business meeting on May 7, 2008, the Committee on
Energy and Natural Resources ordered H.R. 2197 favorably
reported, without amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 2197.
Section-by-Section Analysis
Section 1 contains the short title, the ``Hopewell Culture
National Historical Park Boundary Adjustment Act''.
Section 2 amends Public Law 102-294 to include the Spruce
Hill Works unit and the addition to the existing Seip
Earthworks unit to the existing park boundary. The Secretary is
authorized to acquire lands added to the park by this section
only from willing sellers.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 2197--Hopewell Culture National Historical Park Boundary
Adjustment Act
H.R. 2197 would expand the boundaries of the Hopewell
Culture National Historical Park in Ohio by nearly 360 acres.
The National Park Service (NPS) could acquire that acreage (or
lesser property interests such as easements) by purchase,
donation, or exchange.
Based on information provided by the NPS, CBO estimates
that implementing H.R. 2197 would cost about $1 million over
the next five years, assuming the availability of appropriated
funds. We estimate that the NPS would spend about $700,000 of
this amount in the first year or two to purchase about 250
acres of private land, including nearly 180 acres at the Spruce
Hill Works site and about 70 acres at the Seip Earthworks site.
(We expect that 39 acres of land at the Seip Earthworks site
would be donated by the Ohio Historical Society; the remaining
70 acres at that site are already owned by the NPS.) We
estimate that the NPS would spend $300,000 over the following
few years to construct visitor facilities for the two sites,
including trails, parking lots, and wayside exhibits. Finally,
we estimate that costs to manage the newly added areas would be
minimal. Enacting H.R. 2197 would have no effect on direct
spending or revenues.
H.R. 2197 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.
On October 18, 2007, CBO transmitted a cost estimate for
H.R. 2197 as ordered reported by the House Committee on Natural
Resources on October 10, 2007. The two versions of H.R. 2197
are the same, as are the CBO cost estimates.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 2197. The Act is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R 2197, as ordered reported.
Congressionally Directed Spending
H.R. 2197, as reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined by rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
April 23, 2008, hearing on H.R. 2197 follows:
Statement of Katherine H. Stevenson, Acting Assistant Director,
Business Services, National Park Service, Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on S. 1993 and H.R. 2197, bills to authorize the
Secretary of the Interior to modify the boundary of Hopewell
Culture National Historical Park (NHP) at the Seip Earthworks
unit to conform with recognizable property lines and landscape
features, and to add the Spruce Hill Works unit to the park.
The Department supports S. 1993 and H.R. 2197 as passed by
the House. S. 1993 and H.R. 2197 authorize the Secretary of the
Interior (Secretary) to modify the boundaries of Hopewell
Culture NHP and acquire lands only from willing sellers.
Spruce Hill is an interesting and unique monumental
ceremonial archeological site built approximately 2,000 years
ago by the Ohio Hopewell culture. The site encloses the top of
a hill on the edge of the Appalachian Plateau and overlooks
Paint Creek near the town of Bourneville in Ross County, Ohio.
Of the forty or more large monumental Hopewell culture
earthworks, less than a dozen are hilltop enclosures. Spruce
Hill is one of the larger examples of a hilltop site; its walls
enclose 140 acres. It is one of three Hopewellian earthwork
sites in the Eastern Woodlands where stone is used to construct
its enclosing walls. It also is the only hilltop enclosure in
the extensive complex of Hopewell earthworks in the Scioto
valley around modern-day Chillicothe. All of the other sites in
the vicinity are built on the valley floors. The site also has
``enigmatic iron pit furnaces,'' which continue to generate
ardent discussions among archeologists.
The interest in preserving the Spruce Hill Works dates back
to the 1970s. In 1972, the site was added to the National
Register of Historic Places. In 1980, Public Law 96-607 added a
threatened earthwork site to the park and called on the
Secretary to study other Ohio Hopewell culture sites and
recommend sites for inclusion in the park. Spruce Hill was
considered in this comprehensive study; however, since there
had been limited modern archeology done at the site, Spruce
Hill was recommended for further study. As a result, when
Public Law 102-294 established Hopewell Culture National
Historical Park by combining the existing Mound City Group
National Monument with three new units, it directed the
Secretary to study several other prehistoric Hopewell culture
sites as potential additions to the park, including Spruce
Hill.
Between 1995 and 1998, NPS archeologists were allowed
access to Spruce Hill by the landowner. They conducted
investigations and prepared preliminary findings and a summary
report by 1998. This report found the site significant and
suitable for addition to the park. The report concluded that
Spruce Hill is an outstanding example of a particular type of
Hopewell culture monumental architecture, the hilltop
enclosure, of which about a dozen are known and only one other,
Fort Ancient State Memorial, a National Historic Landmark,
compares to it in size. The site also is associated with early
developments in American archeology and specifically with
discussions of the origin and builders of the monumental
earthworks in the eastern United States. The site has important
natural resources as well, including vernal pools, breeding
habitat for grassland birds whose populations are in decline in
Ohio, and will help preserve the watershed of Paint Creek, a
stream designated as Outstanding State Waters. The site offers
outstanding opportunities to yield important scientific
information on Hopewell hilltop sites, a type of feature that
has not been well studied and is not represented in the park.
The estimated land acquisition cost for the Spruce Hill
site is $450,000 to $600,000. The property was purchased on
June 12, 2007 by a coalition of local and national conservation
groups headed by the Arc of Appalachia Preserve and the
Archaeological Conservancy. These partners are willing sellers.
One of the partners, the Arc of Appalachia Preserve, is
interested in holding the property outside of the earthworks
and managing the site cooperatively with the NPS. This would
reduce the acquisition cost for the government. Public
facilities, including parking, hiking trails, and wayside
exhibits, would be relatively inexpensive, with visitor center
and museum needs being served by the Seip Earthworks unit. The
cost to develop these facilities would be approximately
$250,000. The Ross County Parks Department has expressed an
interest in cooperating with the development of these
facilities. However, Federal funding for any new land
acquisition and development would be subject to the budget
prioritization process of the National Park Service.
S. 1993 and H.R. 2197 authorize boundary adjustments at the
Seip Earthworks unit, allowing for alignment of the boundaries
with features that are readily recognizable such as streams and
fence lines. The boundary changes also would help preserve
additional riparian habitat along Paint Creek, and forestall
the need to surplus excess lands and provide easements across
or near the principle resource of the park. Most of the land in
the proposed boundary modification at the Seip earthwork has
already been purchased by the Federal government as
uneconomical remnants or is owned by the Ohio Historical
Society. These changes would provide more opportunities for
research into habitation and craft production archeological
sites and provide the earthwork remains with a greater buffer.
Also, inclusion of all of the Ohio Historical Society- owned
land at Seip Mound State Memorial would facilitate joint
management agreements with the Society. The estimated cost to
purchase the remaining private properties is $250,000 to
$300,000. These properties would be purchased from willing
sellers.
Passage of S. 1993 and H.R. 2197 would allow the National
Park Service to preserve these unique earthworks, a distinctive
form of ceremonialism and monumental architecture that involved
constructing long earthen walls to enclose very large spaces.
These earthworks, developed by an American Indian culture in
the Ohio River valley around 200 B.C. to A.D. 500, form a
significant example of our nation's heritage.
That concludes my statement. I would be glad to answer any
questions that you or other members of the subcommittee might
have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill H.R. 2197 as ordered 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):
AN ACT To rename and expand the boundaries of the Mound City Group
National Monument in Ohio
Public Law 102-294 (Approved May 27, 1992)
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Section 1. The Mound City Group National Monument
established by proclamation of the President and expanded by
section 701 of Public Law 96-607 (94 Stat. 3540), shall, on and
after the date of enactment of this Act, be known as the
``Hopewell Culture National Historical Park''. Any reference to
the Mound City Group National Monument in any law, regulation,
map, document, record, or other paper of the United States
shall be considered to be a reference to the Hopewell Culture
National Historical Park.
Sec. 2. (a) In General.--The boundaries of the Hopewell
Culture National Historical Park (referred to as the ``park'')
are revised to include the lands within the areas marked for
inclusion in the monument as generally depicted on--
(1) the map entitled ``Hopeton Earthworks'' numbered
353-80025 and dated July 1987;
(2) the map entitled ``High Banks Works'' numbered
353-80027 and dated July 1987;
(3) the map entitled ``Hopewell Mound Group''
numbered 353-80029 and dated July 1987; [and]
(4) the map entitled ``Seip Earthworks'' numbered
353-80033 and dated July 1987 [.]
(5) the map entitled `Hopewell Culture National
Historical Park, Ohio Proposed Boundary Adjustment'
numbered 353/80,049 and dated June, 2006.
(b) Public Inspection of Maps.--Each map described in
subsection (a) shall be on file and available for public
inspection in the office of the Director of the National Park
Service, Department of the Interior.
(c) Adjustment of Boundaries.--The Secretary of the
Interior (referred to as the ``Secretary'') may, by notice in
the Federal Register after receipt of public comment, make
minor adjustments in the boundaries of areas added to the park
by subsection (a) and other areas of the park: Provided, That
any such minor boundary adjustments cumulatively shall not
cause the total acreage of the park to increase more than 10
per centum above the existing acreage of Mound City Group
National Monument, plus the acreage of the inclusions
authorized under section 2(a).
(d) Acquisition of Lands.--(1) Subject to paragraph (2),
the Secretary may acquire lands and interests in land within
the areas added to the park by subsection (a) by donation,
purchase with donated or appropriated funds, or exchange.
(2)(A) Lands and interests in land owned by the State of
Ohio or a political subdivision thereof may be acquired only by
donation or exchange.
(3) The Secretary may acquire lands added by subsection
(a)(5) only from willing sellers.
(B) Lands and interests in land may be acquired by purchase
at a price based on the fair market value thereof as determined
by independent appraisal, consistent with the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970.
Sec. 3. The Secretary may enter into a cooperative
agreement with the Ohio Historical Society, the Archeological
Conservancy, and other public and private entities for
consultation and assistance in the interpretation and
management of the park.
Sec. 4.
(a) Areas Added By This Act.--The Secretary shall conduct
archeological studies of the areas added to the park by section
2(a) and adjacent areas to ensure that the boundaries of those
areas encompass the lands that are needed to provide adequate
protection of the significant archeological resources of those
areas.
(b) Other Areas.--The Secretary shall conduct archeological
studies of the areas described as the ``Spruce Hill Works'',
the ``Harness Group'', and the ``Cedar Bank Works'', and may
conduct archeological studies of other areas significant to
Hopewellian culture, to evaluate the desirability of adding
them to the park, and shall report to Congress on any such
areas that are recommended for addition to the park.
Sec. 5. There are authorized to be appropriated such sums
as are necessary for the acquisition of lands and interests in
land within the park, the conduct of archeological studies on
lands within and adjacent to the park, and the development of
facilities for interpretation of the park.