[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.

                                  
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