[House Report 112-538]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-538

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



 
  SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT

                                _______
                                

 June 12, 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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3100]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3100) to authorize the Secretary of the Interior 
to expand the boundary of the San Antonio Missions National 
Historical Park, to conduct a study of potential land 
acquisitions, 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 ``San Antonio Missions National 
Historical Park Boundary Expansion Act''.

SEC. 2. FINDINGS.

  Congress finds that--
          (1) the San Antonio Missions National Historical Park is 
        important to understanding the history and development of the 
        City of San Antonio, Bexar County, the State of Texas, and the 
        United States;
          (2) understanding the connection between the San Antonio 
        River and the San Antonio Missions is critical to understanding 
        mission life in colonial Texas; and
          (3) the San Antonio Missions National Historical Park enjoys 
        the strong support of the City of San Antonio, Bexar County, 
        and their citizens and businesses.

SEC. 3. BOUNDARY EXPANSION.

  Section 201(a) of Public Law 95-629 (16 U.S.C. 410ee(a)) is amended--
          (1) by striking ``In order'' and inserting ``(1) In order'';
          (2) by striking ``The park shall also'' and inserting:
  ``(2) The park shall also'';
          (3) by striking ``After advising the'' and inserting:
  ``(5) After advising the''; and
          (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 472/468,027, 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.
  ``(4) The Secretary may not acquire by condemnation any land or 
interest in land within the boundaries of the park. The Secretary is 
authorized to acquire land and interests in land that are within the 
boundaries of the park pursuant to paragraph (3) by donation only. No 
private property or non-Federal public property shall be included 
within the boundaries of the park without the written consent of the 
owner of such property. Nothing in this Act, the establishment of park, 
or the management plan of the park shall be construed create buffer 
zones outside of the park. That an activity or use can be seen or heard 
from within the park shall not preclude the conduct of that activity or 
use outside the park.''.

                          Purpose of the Bill

    The purpose of H.R. 3100, as ordered reported, is to 
authorize the Secretary of the Interior to expand the boundary 
of the San Antonio Missions National Historical Park and to 
conduct a study of potential land acquisitions.

                  Background and Need for Legislation

    H.R. 3100 authorizes the expansion of San Antonio Missions 
National Historical Park to include an additional 151 acres, 
all of which are currently owned or being managed by the 
National Park Service (NPS). After a NPS evaluation, it was 
determined that these additional acres are necessary to protect 
park resources and achieve the purposes of the park. 
Additionally, significant cultural and archeological resources 
associated with the park are currently outside the boundary, 
but would be included in this expansion.
    According to the NPS, there will be no additional cost to 
enacting this legislation because most of the new acreage is 
already owned by the NPS and the remainder need not be acquired 
as the agency already manages it through agreements.
    During Full Committee consideration of the bill, an 
amendment offered by Congresman Rob Bishop (R-UT) was adopted 
to eliminate potential costs associated with the legislation 
and to enhance property right protections. The amendment 
removed language authorizing a study for another boundary 
expansion and clarified that written consent of property owners 
will be required before their land can be included in the park. 
The creation of buffer zones around the park and use of 
condemnation will also be prohibited. Finally, while no land 
acquisition is currently anticipated, the amendment would limit 
any acquisition to donation only.

                            Committee Action

    H.R. 3100 was introduced on October 5, 2011, by Congressman 
Francisco Canseco (R-TX). 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 
May 17, 2012, the Subcommittee held a hearing on the bill. On 
June 7, 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 
.066; the amendment was adopted by a roll call vote of 23-17, 
as follows:


    No further amendments were offered, and the bill, as 
amended, was adopted and 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. 3100--San Antonio Missions National Historical Park Boundary 
        Expansion Act

    H.R. 3100 would expand the boundary of the San Antonio 
Missions National Historical Park in Texas to include 
approximately 151 additional acres. Of the proposed 151-acre 
expansion, 132 acres are currently owned by the National Park 
Service (NPS) or are being donated to the park. The remaining 
19 acres would continue to be managed under a cooperative 
agreement with the city of San Antonio and Bexar County, which 
own the property.
    Fourteen acres of the property owned by the city of San 
Antonio have environmental contamination. If those lands are 
included within the boundary of the park, the NPS would be 
responsible for the remediation of that contamination. Based on 
information from the NPS, CBO estimates that remediation work 
would cost around $9 million, subject to the availability of 
appropriated funds.
    Based on information provided by the NPS, CBO estimates 
that implementing H.R. 3100 would have no other significant 
impacts on the federal budget. The NPS currently manages most 
of the land that would be added to the park, and CBO estimates 
that the legislation would not significantly affect operating 
costs. Enacting H.R. 3100 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 3100 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.
    On December 20, 2011, CBO transmitted a cost estimate for 
S. 114, the San Antonio Missions National Historical Park 
Boundary Expansion Act of 2011, as ordered reported by the 
Senate Committee on Energy and Natural Resources on November 
10, 2011. The estimated costs of the two bills differ for a 
number of reasons. H.R. 3100 would authorize lands to be 
acquired only by donation, whereas S. 114 would authorize the 
NPS to purchase additional land. Also, since the cost estimate 
for S. 114 was prepared, the NPS has been paying the 
operational costs (other than environmental remediation costs) 
of the proposed additional land, so the legislation would not 
add to those costs. Additionally, S. 114 would authorize a 
study of the suitability of adding other lands to the park, 
which H.R. 3100 would not authorize.
    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, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information from the 
National Park Service, CBO estimates that remediation work 
provided for in the bill would cost around $9 million, subject 
to the availability of appropriated funds. CBO estimates that 
implementing H.R. 3100 would have no other significant impacts 
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 Secretary of the Interior to expand the boundary of the San 
Antonio Missions National Historical Park and to conduct a 
study of potential land acquisitions.

                           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.

                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 PUBLIC LAW 95-629

  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 472/468,027, 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.
  (4) The Secretary may not acquire by condemnation any land or 
interest in land within the boundaries of the park. The 
Secretary is authorized to acquire land and interests in land 
that are within the boundaries of the park pursuant to 
paragraph (3) by donation only. No private property or non-
Federal public property shall be included within the boundaries 
of the park without the written consent of the owner of such 
property. Nothing in this Act, the establishment of park, or 
the management plan of the park shall be construed create 
buffer zones outside of the park. That an activity or use can 
be seen or heard from within the park shall not preclude the 
conduct of that activity or use outside the park.
  (5) 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.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    The Majority has taken a good idea, the expansion of the 
San Antonio Missions National Historical Park, and undermined 
it by insisting on amendments that would establish terrible 
precedents for other park expansions, all in order to score 
political points.
    Since 2002 the community of San Antonio, Texas has been 
working to expand the boundaries of the National Historical 
Park. The San Antonio Missions National Historical Park 
preserves a significant link to Mexico and Spain that has 
influenced the culture and history of the United States. 
Significant cultural resources would be protected by expanding 
the Park's boundaries.
    The 111th Congress overwhelmingly supported legislation to 
expand the current boundaries of the Park and to direct the 
National Park Service to study other lands in Bexar and Wilson 
counties that might be suitable for inclusion within the Park's 
boundaries. At no point during the process were concerns raised 
about the study or potential land acquisition.
    Last October, Congressman Canseco introduced similar 
legislation to authorize the National Park Service to expand 
the boundary of the Park to include 151 acres of land already 
cooperatively managed by the National Park Service, private 
land owners, the City of San Antonio and Bexar County and to 
study future boundary expansions.
    During subcommittee consideration of the legislation, no 
issues regarding the expansion study or acquisition of 
additional federal lands were raised by the Majority. Instead, 
days before the markup, the Majority proposed an amendment to 
eliminate the study and put debilitating restrictions on land 
acquisition.
    As ordered reported by the Committee, the legislation would 
allow the Park to acquire land by donation only, not by 
purchase or exchange. In effect, the Majority's amendment would 
prohibit a willing seller from selling their land to the Park 
and would instead require the property owner to donate their 
land.
    Preventing land-owners from selling their private property 
to the federal government cannot be justified and is, 
ironically, an abridgement of private property rights. Such a 
provision will needlessly cripple this Park and, as a result, 
we oppose this legislation.

                                   Edward J. Markey.
                                   Raul M. Grijalva.

                                  
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