[House Report 111-261]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-261

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 PROVIDING FOR AN EXTENSION OF THE LEGISLATIVE AUTHORITY OF THE ADAMS 
   MEMORIAL FOUNDATION TO ESTABLISH A COMMEMORATIVE WORK IN HONOR OF 
   FORMER PRESIDENT JOHN ADAMS AND HIS LEGACY, AND FOR OTHER PURPOSES

                                _______
                                

 September 21, 2009.--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. 2802]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2802) to provide for an extension of the legislative 
authority of the Adams Memorial Foundation to establish a 
commemorative work in honor of former President John Adams and 
his legacy, 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. EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL 
                    ESTABLISHMENT.

  (a) Legislative Authority.--Section 1 of Public Law 107-62 is amended 
by adding after subsection (e) the following new subsection:
  ``(f) Expiration of Legislative Authority.--Notwithstanding section 
8903(e) of title 40, United States Code, the legislative authority of 
the Adams Memorial Foundation to establish a commemorative work on 
Federal land in the District of Columbia and its environs in honor of 
former President John Adams and his family's legacy shall expire on 
December 2, 2013.''.
  (b) Technical Amendments.--Public Law 107-62 is amended--
          (1) in section 1(c), by striking ``(40 U.S.C. 1001, et 
        seq.)'' and inserting ``(40 U.S.C. 8901, et seq.)'';
          (2) in section 1(e), by striking ``(40 U.S.C. 1001, et 
        seq.)'' and inserting ``(40 U.S.C. 8901, et seq.)''; and
          (3) in section 2, by striking ``(40 U.S.C. 1002)'' and 
        inserting ``(40 U.S.C. 8902(a))''.

                          Purpose of the Bill

    The purpose of H.R. 2802 is to provide for an extension of 
the legislative authority of the Adams Memorial Foundation to 
establish a commemorative work in honor of former President 
John Adams and his legacy, and for other purposes.

                  Background and Need for Legislation

    Public Law 107-62, signed on November 5, 2001, authorized 
the Adams Memorial Foundation to establish a commemorative work 
in the Washington, D.C. area to honor John Adams, the second 
President of the United States, along with his wife Abigail 
Adams, their son and sixth President John Quincy Adams, and the 
family's legacy of public service. This law mandated compliance 
with the Commemorative Works Act (40 U.S.C. 8901, et seq.) and 
required that the Foundation raise all required funds for the 
memorial, specifically prohibiting use of federal funds for 
this purpose.
    Public Law 107-315, signed on December 2, 2002, authorized 
the Adams Memorial Foundation to locate the commemorative work 
in ``Area I,'' generally the area surrounding the national 
mall, excluding the ``Reserve.'' The Commemorative Works Act, 
as amended, specifies that the legislative authority for the 
establishment of a commemorative work in Area I expires seven 
years after the date of enactment of the authorizing 
legislation, in this case December 2, 2009. The Commemorative 
Works Act allows for administrative extension of this authority 
under certain conditions, namely that either construction 
contracts have been let or final designs have been approved and 
75% of needed funds have been raised.
    The Adams Memorial Foundation has secured seed funding, 
completed initial reviews of design concepts and sites, and 
selected a contractor to study site alternatives and prepare an 
Environmental Assessment. A design competition will be held 
after a final site is selected and approved, and the Foundation 
estimates that construction could begin in three years or less, 
pending required approvals. Despite these efforts, the 
requirements for an administrative extension of time will not 
be met by December 2, 2009.

                            Committee Action

    H.R. 2802 was introduced on June 10, 2009 by Representative 
Bill Delahunt (D-MA). 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 July 30, 2009, 
the Subcommittee held a hearing on the bill during which the 
Administration testified in favor of the legislation with the 
recommendation that it be amended to reduce the extension from 
seven years to four years, in order to encourage the expedited 
completion of the project.
    On September 10, 2009, the full Natural Resources Committee 
met to consider the bill. The Subcommittee was discharged from 
further consideration of H.R. 2802. Subcommittee Chairman Raul 
Grijalva (D-AZ) offered an amendment in the nature of a 
substitute to incorporate the recommendation of the 
Administration to limit the extension to four years instead of 
seven. The amendment was adopted by unanimous consent. The 
bill, as amended, was then 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 provide for an extension of the 
legislative authority of the Adams Memorial Foundation to 
establish a commemorative work in honor of former President 
John Adams and his legacy, 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. 2802--A bill to provide for an extension of the legislative 
        authority of the Adams Memorial Foundation to establish a 
        commemorative work in honor of former President John Adams and 
        his legacy

    H.R. 2802 would extend through December 2, 2013, the 
authority of the Adams Memorial Foundation to construct a 
memorial to the former president on federal lands within the 
District of Columbia. The extension would give the foundation, 
a nonprofit organization, an additional four years to obtain 
the necessary funds to complete the memorial project.
    Because the prospective memorial would be established with 
nonfederal funds, CBO estimates that enacting H.R. 2802 would 
have no effect on the federal budget.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of 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. 2802 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):

                        ACT OF NOVEMBER 05, 2001


                          (Public Law 107-62)

   AN ACT To authorize the Adams Memorial Foundation to establish a 
commemorative work on Federal land in the District of Columbia and its 
     environs to honor former President John Adams and his legacy.

SECTION 1. COMMEMORATIVE WORK TO HONOR JOHN ADAMS AND HIS LEGACY.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Compliance With Standards for Commemorative Works.--The 
establishment of the commemorative work shall be in accordance 
with the Commemorative Works Act [(40 U.S.C. 1001, et seq.)] 
(40 U.S.C. 8901, et seq.).

           *       *       *       *       *       *       *

  (e) Deposit of Excess Funds.--If, upon payment of all 
expenses of the establishment of the commemorative work 
(including the maintenance and preservation amount provided for 
in section 8(b) of the Commemorative Works Act [(40 U.S.C. 
1001, et seq.)] (40 U.S.C. 8901, et seq.)), or upon expiration 
of the authority for the commemorative work under section 10(b) 
of such Act, there remains a balance of funds received for the 
establishment of the commemorative work, the Adams Memorial 
Foundation shall transmit the amount of the balance to the 
Secretary of the Treasury for deposit in the account provided 
for in section 8(b)(1) of such Act.
  (f) Expiration of Legislative Authority.--Notwithstanding 
section 8903(e) of title 40, United States Code, the 
legislative authority of the Adams Memorial Foundation to 
establish a commemorative work on Federal land in the District 
of Columbia and its environs in honor of former President John 
Adams and his family's legacy shall expire on December 2, 2013.

SEC. 2. DEFINITIONS.

  For purposes of this Act, the terms ``commemorative work'' 
and ``the District of Columbia and its environs'' have the 
meanings given to such terms in section 2 of the Commemorative 
Works Act [(40 U.S.C. 1002)] (40 U.S.C. 8902(a)).

                                  
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