[House Report 112-450]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-450
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LOWELL NATIONAL HISTORICAL PARK LAND EXCHANGE ACT OF 2011
_______
April 19, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2240]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2240) to authorize the exchange of land or
interest in land between Lowell National Historical Park and
the city of Lowell in the Commonwealth of Massachusetts, 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. SHORT TITLE.
This Act may be cited as the ``Lowell National Historical Park Land
Exchange Act of 2012''.
SEC. 2. AMENDMENTS.
The Act entitled ``An act to provide for the establishment of the
Lowell National Historical Park in the Commonwealth of Massachusetts,
and for other purposes'' approved June 5, 1978 (Public Law 95-290; 16
U.S.C. 410cc et seq.), is amended in section 202, by adding at the end
the following:
``(d)(1) The Secretary may exchange any land or interest in land
within the boundaries of the park for any land or interest in land
owned by the Commonwealth of Massachusetts, the city of Lowell, or the
University of Massachusetts Building Authority.
``(2) Except as provided in paragraph (3), an exchange under this
subsection shall be subject to the laws, regulations, and policies
applicable to exchanges of land administered by the National Park
Service and any other terms and conditions that the Secretary
determines to be necessary to protect the interests of the United
States.
``(3) Where facilities or infrastructure required for the management
and operation of the Lowell National Historical Park exists on the
Federal land to be exchanged, and the non-Federal land or interest in
land to be exchanged is not of equal value, the values shall be
equalized by the payment of cash to the Secretary. The Secretary shall
not be required to equalize the values of any exchange conducted under
this subsection if the land or interest in land received by the Federal
Government exceeds the value of the Federal land or interest in land
exchanged.''.
Purpose of the Bill
The purpose of H.R. 2240, as ordered reported, is to
authorize the exchange of land or interest in land between
Lowell National Historical Park and the city of Lowell in the
Commonwealth of Massachusetts.
Background and Need for Legislation
Lowell National Historical Park in Lowell, Massachusetts,
was created in 1978 (Public Law 95-290), to preserve and
interpret the City's nationally significant historical and
cultural sites, structures, and districts associated with the
City's role in the 19th century American industrial revolution.
The Lowell National Historical Park Land Exchange Act of
2011 (H.R. 2240) authorizes a land exchange between the Lowell
National Historical Park and the City of Lowell, the
Commonwealth of Massachusetts, or the University of
Massachusetts Building Authority. This will allow the transfer
of the visitor center parking lot on Dutton Street in exchange
for an equal number of parking spaces in a new garage to be
built by the City adjacent to the existing parking lot. The
National Park Service land where the Dutton Street lots are
located is needed for development of the Hamilton Canal
District. The stakeholders have concluded that this is the use
most beneficial to the community and park visitors.
While the National Park Service supports the exchange with
Lowell, federal law requires that it receive land of equal
value in exchange. The legislation allows for payment to the
Park to equalize the exchange and meet the requirement. Any
payment received would go to the U.S. Treasury.
As introduced, the legislation extended the Lowell National
Historical Park Loan Preservation Program for an additional 25
years. Originally authorized for 35 years, the program provides
loans up to $200,000 for the rehabilitation of nationally
significant historic properties. Extending the loan program
would delay repayment of funds to the United States Treasury
otherwise due in 2018.
During full committee markup of the bill, the committee
adopted an amendment offered by Congressman Rob Bishop (R-UT)
to remove the loan reauthorization provision and to direct the
equalization payments from the land exchange to the United
States Treasury.
Committee Action
H.R. 2240 was introduced on June 16, 2011, by Congresswoman
Niki Tsongas (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 January 24,
2012, the Subcommittee held a hearing on the bill. On February
29, 2012, the Full Natural Resources Committee met to consider
the bill. The Subcommittee on National Parks, Forests and
Public Lands was discharged by unanimous consent. Congressman
Rob Bishop (R-UT) offered amendment designated #1 to the bill;
the amendment was approved by voice vote. No further amendments
were offered and the bill, as amended, was ordered favorably
reported 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.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2240--Lowell National Historical Park Land Exchange Act of 2011
H.R. 2240 would enable the National Park Service (NPS) to
acquire and integrate new lands into the Lowell National
Historical Park through exchanges with public agencies. Under
current law, NPS can only acquire lands for the park through
donation. Based on information provided by NPS, CBO estimates
that enacting H.R. 2240 would have no significant impact on the
federal budget.
Enacting H.R. 2240 could affect direct spending; therefore,
pay-as-you-go procedures apply. If NPS were to acquire land of
a lower value than the park land exchanged, NPS would receive a
cash payment to equalize the values. Thus, CBO estimates that
enacting the legislation could increase offsetting receipts (a
credit against direct spending); however, any impact on the
budget would be insignificant for each year. Enacting H.R. 2240
would not affect revenues.
H.R. 2240 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 Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. Based on
information provided by the National Park Service, CBO
estimates that enacting H.R. 2240 would have no significant
impact on the federal budget.
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 exchange of land or interest in land between Lowell
National Historical Park and the city of Lowell in the
Commonwealth of Massachusetts.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates as defined under
Public Law 104-4.
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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 202 OF THE ACT OF JUNE 5, 1978
(Public Law 95-290)
AN ACT To provide for the establishment of the Lowell National
Historical Park in the Commonwealth of Massachusetts, and for other
purposes.
AQUISITION OF PROPERTY
Sec. 202. (a) * * *
* * * * * * *
(d)(1) The Secretary may exchange any land or interest in
land within the boundaries of the park for any land or interest
in land owned by the Commonwealth of Massachusetts, the city of
Lowell, or the University of Massachusetts Building Authority.
(2) Except as provided in paragraph (3), an exchange under
this subsection shall be subject to the laws, regulations, and
policies applicable to exchanges of land administered by the
National Park Service and any other terms and conditions that
the Secretary determines to be necessary to protect the
interests of the United States.
(3) Where facilities or infrastructure required for the
management and operation of the Lowell National Historical Park
exists on the Federal land to be exchanged, and the non-Federal
land or interest in land to be exchanged is not of equal value,
the values shall be equalized by the payment of cash to the
Secretary. The Secretary shall not be required to equalize the
values of any exchange conducted under this subsection if the
land or interest in land received by the Federal Government
exceeds the value of the Federal land or interest in land
exchanged.