[House Report 111-606]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-606

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KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY ADJUSTMENT ACT OF 
                                  2010

                                _______
                                

 September 16, 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

                        [To accompany H.R. 5152]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 5152) to adjust the boundary of the Kennesaw 
Mountain National Battlefield Park to include the Wallis House 
and Harriston Hill, 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. 5152 is to adjust the boundary of the 
Kennesaw Mountain National Battlefield Park to include the 
Wallis House and Harriston Hill, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Kennesaw Mountain Battlefield in Georgia was set aside for 
preservation and protection in 1917 to commemorate a Civil War 
battle that proved a major turning point for the Union Army and 
the eventual fall of Atlanta. In 1935, the National Park 
Service was directed to manage the park site as ``an important 
cultural property dedicated to public inspiration and 
interpretation of the significant historic events that occurred 
here.'' H.R. 5152 would authorize the Secretary of the Interior 
to acquire approximately eight acres of land by donation or 
exchange as part of the park. Acquisition of this property 
would allow the park to better interpret the role of the Union 
Army in this key battle.
    The law establishing the park allows the Secretary to 
acquire land associated with the battle that is within the 
boundaries defined in its enabling legislation. The sites 
proposed for acquisition by H.R. 5152 lie outside of those 
boundaries, necessitating legislative action. This boundary 
adjustment will include areas associated with the historic 
Wallis House and Harriston Hill. Wallis House is one of the few 
remaining structures associated with the battle, while 
Harriston Hill was strategically significant as the Union 
signal station. Cobb County is the current owner of the eight 
acres of property and has expressed a desire to donate the land 
to the National Park Service once the park is authorized to 
receive it.

                            COMMITTEE ACTION

    H.R. 5152 was introduced by Representative Phil Gingrey (R-
GA) on April 27, 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 
June 10, 2010, Subcommittee hearing the bill's sponsor and a 
representative of Cobb County testified in support of the bill. 
A National Park Service representative also testified in favor 
of the bill.
    On July 22, 2010, the Subcommittee on National Parks, 
Forests, and Public Lands was discharged from further 
consideration of H.R. 5152 and the full Natural Resources 
Committee met to consider the bill. The bill 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 and Article IV, section 3 of the 
Constitution of the United States grant 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 adjust the boundary of the 
Kennesaw Mountain National Battlefield Park to include the 
Wallis House and Harriston Hill, 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. 5152--Kennesaw Mountain National Battlefield Park Boundary 
        Adjustment Act of 2010

    H.R. 5152 would expand the boundaries of the Kennesaw 
Mountain National Battlefield Park near Marietta, Georgia, by 
about 8 acres. The National Park Service (NPS) could acquire 
that acreage by purchase or donation. That land would include 
the Wallis House, a landmark associated with the battle.
    Based on information from the NPS, CBO estimates that 
implementing H.R. 5152 would cost about $1 million over the 
next five years, assuming appropriation of the necessary 
amounts. We estimate that about half of that amount would be to 
restore the Wallis House and that the remaining amounts would 
be for annual operating costs. Based on information from the 
current owners of the Wallis House, Cobb County, Georgia, they 
intend to donate the property to the NPS upon enactment of H.R. 
5152. Enacting H.R. 5152 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 5152 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 Sarah Puro. The 
estimate was approved by Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 5152 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

    If enacted, this bill would make no changes in existing 
law.

                                  
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