[House Report 111-501]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-501

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



 
SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT OF 
                                  2010

                                _______
                                

  May 28, 2010.--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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4438]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 4438) to authorize the Secretary of the Interior to 
enter into an agreement to lease space from a nonprofit group 
or other government entity for a park headquarters at San 
Antonio Missions National Historical Park, to expand the 
boundary of the Park, to conduct a study of potential land 
acquisitions, and for other purposes, 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 ``San Antonio Missions National 
Historical Park Boundary Expansion Act of 2010''.

SEC. 2. PARK HEADQUARTERS LEASE AND BOUNDARY STUDY.

  Section 201 of Public Law 95-629 (16 U.S.C. 410ee) is amended--
          (1) by redesignating subsections (b), (c), (d), (e), and (f) 
        as subsections (c), (e), (f), (g), and (h) respectively;
          (2) by inserting after subsection (a) the following new 
        subsection:
  ``(b)(1) The Secretary shall conduct a study of lands within Bexar 
and Wilson Counties, Texas, to identify lands that would be suitable 
for inclusion within the boundaries of the park. In conducting the 
study, the Secretary shall examine the natural, cultural, recreational, 
and scenic values and characteristics of lands within Bexar and Wilson 
Counties.
  ``(2) Not later than 3 years after the date funds are made available 
for the study under paragraph (1), 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 on the 
findings, conclusions, and recommendations of the study.''; and
          (3) by inserting after subsection (c) (as so redesignated) 
        the following new subsection:
  ``(d)(1) The Secretary may enter into a cooperative agreement with 
the City of San Antonio or its designee, for operation of a facility 
outside the boundary of the park that would provide--
          ``(A) office space for a headquarters and operational support 
        for the park; and
          ``(B) a center for research and education.
  ``(2) The Secretary may plan, design, construct, and install in the 
facilities described in the cooperative agreement exhibits related to 
the resources at the park.
  ``(3) Notwithstanding the location of the facility described in the 
cooperative agreement, the Secretary may assign park staff from the 
park to provide interpretive services, including visitor information 
and education.''.

SEC. 3. BOUNDARY EXPANSION.

  Section 201(a) of Public Law 95-629 (16 U.S.C. 410ee(a)) is amended 
as follows:
          (1) By striking ``In order'' and inserting the following: 
        ``(1) In order''.
          (2) By striking ``The park shall also'' and inserting the 
        following:
  ``(2) The park shall also''.
          (3) By striking ``After advising the'' and inserting the 
        following:
  ``(4) After advising the''.
          (4) By inserting after paragraph (2) (as so designated by 
        paragraph (2) above) the following:
  ``(3) The boundary of the park is further modified to include 
approximately 151 acres, as depicted on the map titled `San Antonio 
Missions National Historical Park Proposed Boundary Addition 2009', 
numbered 472/68,027, and dated November 2009. The map shall be on file 
and available for inspection in the appropriate offices of the National 
Park Service, U.S. Department of the Interior. The Secretary of the 
Interior may not use condemnation authority to acquire any lands or 
interests in lands under this Act.''.

  Amend the title so as to read:

    A bill to authorize the Secretary of the Interior to enter 
into a cooperative agreement for a park headquarters at San 
Antonio Missions National Historical Park, to expand the 
boundary of the Park, to conduct a study of potential land 
acquisitions, and for other purposes.

                          Purpose of the Bill

    The purpose of H.R. 4438, as ordered reported, is to 
authorize the Secretary of the Interior to enter into a 
cooperative agreement for a park headquarters at San Antonio 
Missions National Historical Park, to expand the boundary of 
the Park, to conduct a study of potential land acquisitions, 
and for other purposes.

                  Background and Need for Legislation

    San Antonio Missions National Historical Park was 
established in 1978 to preserve, restore and interpret four 
Spanish Missions in San Antonio, Texas. The missions were 
established by Spain starting in the early 18th century in an 
effort to counter French territorial encroachments from 
Louisiana.
    The four missions along the San Antonio River--Mission 
Concepcion, Mission San Jose, Mission San Juan, and Mission 
Espada--flourished between 1745 and the 1780s. Increasing 
hostility from the Apache, and later the Comanche, coupled with 
inadequate military support, caused the local communities to 
retreat behind the missions' walls. Disease reduced the native 
population, accelerating the missions' decline, though the 
mission churches continue to host religious observances.
    In addition to the four historic missions and their 
churches, the Park includes a grist mill at Mission San Jose, 
and a 270-year-old acequia (irrigation system), including its 
dam and aqueduct, at Mission Espada.
    H.R. 4438 would expand the current boundaries of the Park 
to include 151 acres of land already found to be suitable for 
addition to the Park. The new boundary would encompass 118 
acres that are either currently owned by the National Park 
Service (NPS) or in the process of being donated or transferred 
to the agency. Most of the costs associated with those 
transactions will be paid for by the San Antonio River 
Authority with NPS paying only a minimal portion. The 
additional 33 acres would either be purchased by NPS from 
willing sellers or donated to the Park.
    The bill also would direct the NPS to study other lands in 
Bexar and Wilson counties that might be suitable for inclusion 
in the Park's boundaries. Finally, the bill would authorize the 
Park to enter into an agreement with the State of Texas, a 
local government, or a nonprofit organization to lease space 
outside the Park for headquarters offices and an education 
center.

                            Committee Action

    H.R. 4438 was introduced by Representative Ciro D. 
Rodriguez (D-TX) on January 13, 2010. 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 February 25, 2010, hearing before the Subcommittee, a 
representative of the National Park Service testified in 
support of the bill with an amendment to clarify the leasing 
provisions.
    On May 5, 2010, the Subcommittee on National Parks, Forests 
and Public Lands was discharged from further consideration of 
H.R. 4438 and the full Natural Resources Committee met to 
consider the bill. Subcommittee Chairman Raul Grijalva (D-AZ) 
offered an amendment in the nature of a substitute to address 
contracting issues relating to the agreement for office space 
and a research and education center.
    Subcommittee Ranking Member Bishop (R-UT) offered an 
amendment to the amendment in the nature of a substitute to 
insert language stating that nothing in the bill prohibits or 
otherwise affects any authority to construct, maintain or 
operate coal-fired power generating plants. The amendment was 
not adopted by voice vote.
    Representative Bishop then offered another amendment to the 
amendment in the nature of a substitute to insert language 
stating that nothing in the bill prohibits or otherwise affects 
any authority to construct, maintain or operate wind or solar 
power generating facilities. The amendment was not adopted by a 
roll call vote of 19 yeas and 23 nays, as follows:


    Representative Bishop then offered another amendment to the 
amendment in the nature of a substitute to prohibit the 
Secretary of the Interior from using condemnation authority to 
acquire lands or interest in lands at the Park. The amendment 
was adopted by voice vote.
    The amendment in the nature of a substitute, as amended, 
was then adopted by voice vote. The bill, as amended, was then 
ordered favorably to the House of Representatives by voice 
vote.

            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, and Article IV, section 3, 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 authorize 
the Secretary of the Interior to enter into a cooperative 
agreement for a park headquarters at San Antonio Missions 
National Historical Park, to expand the boundary of the Park, 
to conduct a study of potential land acquisitions, 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. 4438--San Antonio Missions National Historical Park Boundary 
        Expansion Act of 2010

    Summary: H.R. 4438 would authorize the National Park 
Service (NPS) to enter into a cooperative agreement with the 
state or local government, or a nonprofit organization to 
construct a headquarters and educational facility outside the 
boundary of the San Antonio Missions National Historical Park 
in Texas. The legislation also would expand the boundaries of 
the park and require NPS to conduct a study to identify new 
lands to be included in the park.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the NPS would spend $4 million over the 2011-
2015 period to study and expand the park's boundaries. CBO also 
estimates that the cooperative agreement provision of the bill 
would increase direct spending by $10 million over the 2011-
2015 period for the construction of a new headquarters and 
educational facility near the San Jose Mission. Because 
enacting the legislation would affect direct spending, pay-as-
you-go procedures would apply. Enacting the bill would not 
affect revenues.
    H.R. 4438 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4438 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2011      2012      2013      2014      2015    2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................         1         2         1         *         *          4
Estimated Outlays..................................         1         2         1         *         *          4

                                           CHANGES IN DIRECT SPENDING

Estimated Budget Authority.........................        10         0         0         0         0         10
Estimated Outlays..................................         1         2         4         2         1        10
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4438 will be enacted near the end of fiscal year 2010, that the 
necessary funds will be provided for each year, and that 
spending will follow historical spending patterns for similar 
NPS projects.

Spending subject to appropriation

    Section 3 would expand the boundary of the San Antonio 
Missions National Historic Park to include approximately 150 
acres. Based on information from the NPS, about 118 of those 
acres are either currently owned by the NPS, would be donated 
to the park, or would be transferred through a land exchange 
with the San Antonio River Authority. The remaining 33 acres 
would either be purchased by NPS from willing sellers or 
donated. We estimate that NPS would spend about $4 million over 
the next several years to acquire that remaining land. In 
addition, CBO estimates that the NPS would spend about $100,000 
annually to manage all of the additional acreage.
    Section 2 would authorize the NPS to identify lands within 
Bexar and Wilson counties in the state of Texas that are 
suitable for inclusion within San Antonio Missions National 
Historic Park. The proposed study would consider the natural, 
cultural, recreational, and scenic values of the lands within 
those counties. Based on information from NPS, CBO estimates 
that completing the study would cost about $350,000 over the 
2011-2013 period, assuming the availability of appropriated 
funds.

Direct spending

    H.R. 4438 would authorize the NPS to enter into a 
cooperative agreement with the city of San Antonio (or its 
designee) to build a new park headquarters, operational support 
building, and center for research and education. Currently, the 
park's headquarters are located in leased space not adjacent to 
the park, and the maintenance facilities and curatorial 
collections are housed in other locations.
    Based on information from the NPS and a local nonprofit 
organization, CBO expects that, under the bill, the NPS would 
enter into a cooperative agreement for the construction of a 
new facility. The facility would be constructed in two phases--
one to construct the headquarters and administrative support 
facilities and another phase to build educational and research 
space. Because the new facilities would be government property, 
the full cost of the construction should be recorded as new 
budget authority at the time the agreement is signed. Based on 
information from the NPS and the local nonprofit entity, CBO 
estimates that construction costs would be $10 million over the 
2011-2015 period, with no additional cost after 2015.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. H.R. 4438 could affect direct spending from 
construction of the new federal facility. The changes in the 
deficit that are subject to those pay-as-you-go procedures are 
shown in the following table.

    CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4438, THE SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT OF 2010, AS ORDERED
                                          REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON APRIL 5, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      1      2      4      2      1      0      0      0      0      0        10         10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 4438 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Matthew Pickford; 
Impact on state, local, and tribal governments: Melissa 
Merrill; Impact on the private sector: Amy Petz.
    Estimate 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. 4438 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 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):

              SECTION 201 OF THE ACT OF NOVEMBER 10, 1978


                          (Public Law 95-629)

(An Act To amend the Pennsylvania Avenue Development Corporation Act of 
  1972; to provide for the establishment of the San Antonio Missions 
           National Historical Park; and for other purposes)

  Sec. 201. (a) [In order] (1) In order to provide for the 
preservation, restoration, and interpretation of the Spanish 
Missions of San Antonio, Texas, for the benefit and enjoyment 
of present and future generations of Americans, there is hereby 
established the San Antonio Missions National Historical Park 
(hereafter in this section referred to as the ``park'') 
consisting of Concepcion, San Jose, San Juan, and Espada 
Missions, together with areas and features historically 
associated therewith, as generally depicted on the drawing 
entitled ``Boundary Map, San Antonio Missions National 
Historical Park'', numbered 930-80,022-C and dated May 1978, 
which shall be on file and available for public inspection in 
the offices of the National Park Service, Department of the 
Interior, and in the offices of the Superintendent of the park. 
[The park shall also]
  (2) The park shall also consist of the lands and interests 
therein within the area bounded by the line depicted as 
``Proposed Boundary Extension'' on the maps entitled ``San 
Antonio Missions National Historical Park'', numbered 472-
80,075, 472-80,076, 472-80,077, 472-80,078, 472-80,079, 472-
80,080, and 472-80,081 and dated June 7, 1990, which shall be 
on file and available for public inspection in the same manner 
as is such drawing. [After advising the]
  (3) The boundary of the park is further modified to include 
approximately 151 acres, as depicted on the map titled ``San 
Antonio Missions National Historical Park Proposed Boundary 
Addition 2009'', numbered 472/68,027, and dated November 2009. 
The map shall be on file and available for inspection in the 
appropriate offices of the National Park Service, U.S. 
Department of the Interior. The Secretary of the Interior may 
not use condemnation authority to acquire any lands or 
interests in lands under this Act.
  (4) After advising the Committee on Energy and Natural 
Resources of the United States Senate and the Committee on 
Natural Resources of the United States House of 
Representatives, in writing, the Secretary of the Interior 
(hereinafter referred to as the ``Secretary'') may make minor 
revisions of the boundaries of the park when necessary by 
publication of a revised drawing or other boundary description 
in the Federal Register.
  (b)(1) The Secretary shall conduct a study of lands within 
Bexar and Wilson Counties, Texas, to identify lands that would 
be suitable for inclusion within the boundaries of the park. In 
conducting the study, the Secretary shall examine the natural, 
cultural, recreational, and scenic values and characteristics 
of lands within Bexar and Wilson Counties.
  (2) Not later than 3 years after the date funds are made 
available for the study under paragraph (1), 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 on the findings, conclusions, 
and recommendations of the study.
  [(b)] (c) For the purposes of this section, the Secretary is 
authorized--
          (1)  * * *

           *       *       *       *       *       *       *

  (d)(1) The Secretary may enter into a cooperative agreement 
with the City of San Antonio or its designee, for operation of 
a facility outside the boundary of the park that would 
provide--
          (A) office space for a headquarters and operational 
        support for the park; and
          (B) a center for research and education.
  (2) The Secretary may plan, design, construct, and install in 
the facilities described in the cooperative agreement exhibits 
related to the resources at the park.
  (3) Notwithstanding the location of the facility described in 
the cooperative agreement, the Secretary may assign park staff 
from the park to provide interpretive services, including 
visitor information and education.
  [(c)] (e)(1) With the exception of any property deemed 
necessary by the Secretary for visitor facilities or 
administration of the park, any owner or owners of improved 
property on the date of its acquisition by the Secretary may, 
as a condition of such acquisition, retain for themselves and 
their successors or assigns a right of use and occupancy of the 
property for noncommercial residential purposes, for twentyfive 
years, or, in lieu thereof, for a term ending at the death of 
the owner or his spouse, whichever is later. The owner shall 
elect the term to be reserved. The Secretary shall pay to the 
owner the fair market value of the property on the date of such 
acquisition less the fair market value on such date of the 
right retained by the owner.

           *       *       *       *       *       *       *

  [(d)] (f) The Secretary is authorized and directed to take 
prompt and appropriate action in accordance with the provisions 
of this section and any cooperative agreement hereunder to 
assure the protection and reservation of the historical and 
architectural values of the missions and the areas and features 
historically associated therewith within the boundaries of the 
park. The park shall be administered by the Secretary in 
accordance with this section and provisions of law generally 
applicable to units of 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; 16 U.S.C. 461-467).
  [(e)] (g)(1) There is hereby authorized to be established by 
the Secretary, a San Antonio Missions Advisory Commission. The 
Commission shall be composed of seven members, each appointed 
for a term of two years by the Secretary, as follows:
          (A)  * * *

           *       *       *       *       *       *       *

  [(f)] (h)(1) There are hereby authorized to be appropriated 
such sums as may be necessary to carry out the purposes of this 
section, but not more than $10,000,000 for the acquisition of 
lands and interests in lands.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    Unless amended, I oppose H.R. 4438 for both fiscal and 
policy reasons. The stated purpose of this bill is to expand 
the park by an additional 151 acres. While the explanation for 
the necessity of the expansion was vague, the cost estimate was 
fairly precise: $3,587,110. Add to this another $350,000 that 
will be spent by the National Park Service to determine whether 
it wants even more property. With the current level of federal 
spending high in the red zone, we should resist pressing harder 
on the accelerator. I like our parks as much as any of my 
colleagues on the Natural Resources Committee, but I question 
the wisdom of going further into debt to continually expand 
Park Service holdings while our existing parks face a $9 
billion backlog in maintenance and upkeep. At the very least, 
Congress should for now limit new, non-critical acquisitions to 
land donated by one of the multi-billion dollar land trusts set 
up as tax exempt organizations for that purpose.
    I appreciate that the Committee accepted a Republican 
``willing seller'' amendment, but I believe private property 
rights should receive more protection than that bare minimum 
provision. Under this bill, homeowners and others who have not 
consented to being within the boundaries of this park may find 
themselves fending off the unwanted attention of federal 
stalkers pursuing their land.
    I am also concerned that national parks are increasingly 
being used by litigation-prone environmental activists and by 
some in the National Park Service to control activities outside 
the Congressionally-determined boundaries of the park. De facto 
buffer zones have been used to interfere with activities such 
as energy projects that are planned near and even far from 
National Parks. To restrain this particular abuse, I offered 
amendments to prevent the park designation from being misused 
to prohibit construction and maintenance of power generating 
facilities--whether coal-fired, wind or solar. With some people 
opposed to almost any new power facility and others opposed 
only to those near their backyard, this has been an escalating 
problem, and the National Park Service has participated in 
killing or delaying affordable and renewable energy production 
from coast to coast. Unfortunately, Committee Democrats 
rejected these common-sense amendments on nearly party-line 
votes.
                                                        Rob Bishop.

                                  
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