[Senate Report 112-103]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 265
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-103

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



 
  SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT

                                _______
                                

                January 13, 2012.--Ordered to be printed

 Filed, under authority of the order of the Senate of December 17, 2011

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 114]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 114) 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``San Antonio Missions National 
Historical Park Boundary Expansion Act of 2011''.

SEC. 2. PARK 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:
    ``(b) Study.--
          ``(1) In general.--The Secretary shall conduct a study of 
        land in Bexar and Wilson Counties, Texas, to identify land that 
        would be suitable for inclusion in the park.
          ``(2) Requirements.--In conducting the study under paragraph 
        (1), the Secretary shall examine the natural, cultural, 
        recreational, and scenic values and characteristics of the 
        land.
          ``(3) Report.--Not later than 3 years after the date on which 
        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 that describes the 
        findings, conclusions, and recommendations of the study.'';
          (3) by inserting after subsection (c) (as redesignated by 
        paragraph (1)) the following:
    ``(d) Interpetive Services.--The Secretary may assign park 
employees to provide interpretive services, including visitor 
information and education, at facilities outside the boundary of the 
park.''; and
          (4) in paragraph (1)(D) of subsection (g) (as redesignated by 
        paragraph (1)), by striking ``subsection (b)(2)'' and inserting 
        ``subsection (c)(2)''.

SEC. 3. BOUNDARY EXPANSION.

    Section 201 of Public Law 95-629 (16 U.S.C. 410ee) is amended--
          (1) by striking ``SEC. 201. (a) In order'' and inserting the 
        following:

``SEC. 201. SAN ANTONIO MISSIONS HISTORICAL PARK.

    ``(a) Establishment.--
          ``(1) In general.--In order''; and
          (2) in subsection (a)--
                  (A) in the second sentence, by striking ``The park 
                shall also'' and inserting the following:
          ``(2) Additional land.--The park shall also'';
                  (B) in the third sentence, by striking ``After 
                advising the'' and inserting the following:
          ``(4) Revisions.--After advising the''; and
                  (C) by inserting after paragraph (2) (as designated 
                by subparagraph (A)) the following:
          ``(3) Boundary modification.--
                  ``(A) In general.--The boundary of the park is 
                modified to include approximately 151 acres, as 
                depicted on the map entitled `San Antonio Missions 
                National Historical Park Proposed Boundary Addition', 
                numbered 472-68, 027, and dated November 2009.
                  ``(B) Availability of map.--The map described in 
                subparagraph (A) shall be on file and available for 
                inspection in the appropriate offices of the National 
                Park Service.
                  ``(C) Acquisition of land.--The Secretary of the 
                Interior may acquire the land or any interest in the 
                land described in subparagraph (A) by purchase from 
                willing sellers, donation, or exchange.''.

                                Purpose

    The purpose of S. 114, as ordered reported, is to authorize 
the Secretary of the Interior to expand the boundary of the San 
Antonio Missions National Historic Park, to include 
approximately 151 acres, and to conduct a study of potential 
land acquisitions.

                          Background and Need

    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 park preserves a significant link to Mexico and Spain 
that has influenced the culture and history of the United 
States. San Antonio is now the seventh largest and fourth 
fastest growing city in the United States. The city almost 
entirely surrounds the park with urban development, threatening 
areas that contain significant Spanish colonial resources 
historically associated with the park. S. 114 expands the park 
boundary to include an additional 151 acres, of which 118 acres 
are either owned by the National Park Service or are being 
transferred to the park through a land exchange. The inclusion 
of these additional lands will help the National Park Service 
both achieve the park's purpose of protecting and preserving 
important cultural and historic resources associated with the 
Spanish Colonial era.

                          Legislative History

    Senator Hutchison introduced S. 114 on January 25, 2011. 
The Subcommittee on National Parks held a hearing on S. 114 on 
May 11, 2011. On November 10, 2011, the Committee on Energy and 
Natural Resources ordered S. 114 favorably reported with an 
amendment in the nature of a substitute.
    The Committee considered similar legislation, S. 3524, 
sponsored by Senator Hutchison during the 111th Congress. The 
Subcommittee on National Parks held a hearing on S. 3524 on 
June 23, 2010 (S. Hrg. 111-92). Representative Rodriguez 
introduced companion legislation in the House of 
Representatives, H.R. 4438, which passed the House by a vote of 
264-114 on July 13, 2010. No further action occurred on either 
bill prior to the sine die adjournment of the Congress.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 10, 2011, by a voice vote of 
a quorum present, recommends that the Senate pass S. 114 if 
amended as described herein. Senators Lee and Corker asked to 
be recorded as opposing the measure.

                          Committee Amendments

    During its consideration of S. 114, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
deletes language authorizing the Secretary of the Interior to 
enter into cooperative agreement with the City of San Antonio 
or its designee for operation of a visitor center and park 
headquarters outside the boundary of the park. The provision 
was removed to avoid Budget Act issues associated with the 
cooperation agreement. The amendment also makes a technical 
correction to a map reference. The amendment is explained in 
detail in the section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``San Antonio 
Missions National Historical Park Boundary Expansion Act of 
2011.''
    Section 2 amends section 201 of Public Law 95-629 by adding 
two new subsections. The first new section authorizes the 
Secretary of the Interior to study land in Bexar and Wilson 
Counties, Texas, and identify areas that would be suitable for 
inclusion in the park. The second authorizes the Secretary to 
assign park employees to provide interpretive services at 
facilities outside of the park boundary.
    Section 3 amends section 201 of Public Law 95-629 to modify 
the boundary of the San Antonio Missions Historical Park, 
specifically to include an additional 151 acres as depicted on 
the referenced map.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 114--San Antonio Missions National Historical Park Boundary 
        Expansion Act of 2011

    S. 114 would expand the boundary of the San Antonio 
Missions National Historical Park in Texas to include 
approximately 151 additional acres. The bill would also direct 
the Secretary of the Interior to study the suitability of 
including lands in Bexar and Wilson counties within the San 
Antonio Missions National Historical Park. S. 114 would 
authorize park employees to provide interpretive services at 
facilities outside of the San Antonio Missions National 
Historical Park.
    Based on information provided by the National Park Service 
(NPS) and assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 114 would cost a total of $5 
million over the 2012-2016 period. Of the 151 acres specified 
in the legislation, 33 acres are not currently owned by the 
NPS. CBO estimates that acquiring the specified lands would 
cost approximately $4 million, and that increasing the size of 
the park would add $100,000 to annual operating costs. Based on 
information from the NPS, CBO estimates that a study of the 
suitability of adding other lands to the park would cost 
approximately $400,000 over the next three years. Enacting S. 
114 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    S. 114 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.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 114.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 114, as ordered reported.

                   Congressionally Directed Spending

    S. 114, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the May 11, 2011, Subcommittee hearing on S. 114 follows:

 Statement of Stephen E. Whitesell, Associate Director, Park Planning, 
    Facilities, and Lands, National Park Service, Department of the 
                                Interior

    Mr. Chairman and members of the Subcommittees, thank you 
for the opportunity to appear before you today to present the 
Department of the Interior's views on S. 114, 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.
    The Department supports S. 114. On September 29, 2010, the 
Department testified in support of S. 3524, an identical bill, 
before this subcommittee, during the last Congress.
    S. 114 would amend Section 201 of Public Law 95-629 to 
direct the Secretary of the Interior (Secretary) to conduct a 
study of lands in Bexar and Wilson Counties to identify lands 
that would be appropriate to include within the boundaries of 
San Antonio Missions National Historical Park (Park). The 
Secretary is directed to report on the findings of the study 
three years after funds are made available. S. 114 also 
authorizes the Secretary to 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 to provide visitor 
facilities and office space for a headquarters and operational 
support for the park. Funding for the cooperative agreement 
would be subject to appropriations. Finally, the boundary of 
the park would be expanded by approximately 151 acres.
    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 since before its 
inception. San Antonio is now the seventh largest and third 
fastest growing city in the United States. The city grew 68 
percent between 1980 and 2007 and now almost entirely surrounds 
the Park with urban development, threatening areas that contain 
significant Spanish colonial resources historically associated 
with the Park.
    Park headquarters for San Antonio Missions are currently 
inadequate; they do not meet fire, safety or security 
standards; and are in an expired lease space not adjacent to 
the Park. The Park's maintenance operations are dispersed in 
three separate locations. The Park's curatorial collection, 
which contains almost one million Spanish Colonial period 
objects, is stored in four different locations, including two 
locations that do not meet National Park Service (NPS) 
Curatorial Storage Standards.
    The City of San Antonio, Texas (City) has acquired lands 
adjacent to Mission San Jose and has proposed a partnership 
with the Park and one of its partners for the construction of a 
park headquarters. A cooperative agreement, such as the one 
described in S. 114, would provide the NPS with the ability to 
enter into an agreement with the City or an entity of the 
City's choosing such as Los Compadres de San Antonio Missions 
National Historical Park (Los Compadres), to assist with 
operation of visitor facilities and office space for a park 
headquarters.
    S. 114 would also expand the boundary of San Antonio 
Missions National Historical Park by approximately 151 acres, 
of which 118 acres are either currently owned by the NPS, are 
being donated, or are being transferred through a land exchange 
to the Park. All costs associated with the land exchange will 
be paid for by the San Antonio River Authority with the NPS 
only paying for minimal transaction costs. Thirty-three acres 
would either be purchased by the NPS from willing sellers or 
donated to the Park. It is estimated that the acquisition of 
these 33 acres could cost as much as $3,587,110 and operational 
costs associated with adding the 151 acres of land are not 
expected to exceed $100,000 per year. Associated land 
acquisition funding requests would be subject to the 
Administration's prioritization process that uses consistent 
and merit-based criteria to select projects, and the 
availability of appropriations.
    The Park's General Management Plan and Land Protection Plan 
acknowledge that the current boundary is insufficient to fully 
achieve the Park's purpose. The Park's most recent feasibility 
study recommended a much larger area to best protect the 
cultural resources associated with the Park. Numerous areas 
that contain significant Spanish colonial resources 
historically associated with the Park still remain outside the 
boundary. In addition, the Park has acquired lands that are 
outside the current boundary and is in the process of accepting 
additional lands that will be included within the boundary as a 
part of a land exchange with the San Antonio River Authority 
and U.S. Army Corps of Engineers to facilitate restoration of 
the San Antonio River.
    S. 114 would also authorize the Secretary to conduct a 
study of lands within Bexar and Wilson counties, in the State 
of Texas, to identify lands that would be suitable for 
inclusion within the boundaries of the Park. The study should 
also explore management alternatives that would best ensure 
public access, preservation, protection, and interpretation of 
the Missions. We estimate that this study will cost 
approximately $350,000.
    This legislation enjoys the strong support of officials 
from Bexar County, Wilson County, the City of San Antonio, the 
City of Floresville, the San Antonio River Authority, the San 
Antonio Conservation Society, Los Compadres, and others. It 
would help guarantee the preservation, protection, restoration, 
and interpretation of the missions for current and future 
generations.
    Mr. Chairman, that concludes my prepared remarks. I would 
be happy to answer any questions you or any other members of 
the Subcommittees may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S.114, as ordered 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):

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


(November 10, 1978, Public Law 95-629, 16. U.S.C. 410ee)

           *       *       *       *       *       *       *



                                TITLE II


[SEC. 201. (A) IN ORDER] SEC. 201. SAN ANTONIO MISSIONS HISTORIC PARK.

    (a) Establishment.--
          (1) In general.--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) Additional land.--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) Boundary modification.--
                  (A) In general.--The boundary of the park is 
                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.
                  (B) Availablity of map.--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.
                  (C) Acquisition of land.--The Secretary of 
                the Interior may acquire the land or any 
                interest in the land described in subparagraph 
                (A) by purchase from willing sellers, donation, 
                or exchange
          (4) Revisions.--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) Study.--
          (1) In general.--The Secretary shall conduct a study 
        of land in Bexar and Wilson Counties, Texas, to 
        identify land that would be suitable for inclusion in 
        the park.
          (2) Requirements.--In conducting the study under 
        paragraph (1), the Secretary shall examine the natural, 
        cultural, recreational, and scenic values and 
        characteristics of the land.
          (3) Report.--Not later than 3 years after the date on 
        which 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 that describes the 
        findings, conclusions, and recommendations of the 
        study.
    [(b)](c) For the purposes of this section, the Secretary is 
authorized--
          (1) to acquire by donation, purchase with donated or 
        appropriated funds, or exchange, lands and interests 
        therein constituting the following generally described 
        areas in the historic missions district of the city of 
        San Antonio, Texas--
                  (A) Mission San Jose y San Miguel de Aguayo;

           *       *       *       *       *       *       *

    (d) Interpretive Services.--The Secretary may assign park 
employees to provide interpretive services, including visitor 
information and education, at facilities outside the boundary 
of the park.
    [(c)](e) 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 twenty-
five 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 preservation 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 
sections 1, 2, 3, and 4 of this title and sections 461 to 467 
of this title.
    [(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 eleven members, each appointed 
for a term of two years by the Secretary, as follows:
          (A) one member to be appointed from recommendations 
        made by then Governor of the State of Texas;
          (B) one member to be appointed from recommendations 
        made by the County Commissioners of Bexar County, 
        Texas;
          (C) one member to be appointed from recommendations 
        made by the City Council of the City of San Antonio, 
        Texas;
          (D) one member to be appointed to represent non-
        Federal property owners whose property is operated and 
        maintained in accordance with cooperative agreements 
        with the Secretary pursuant to [subsection 
        (b)(2)]subsection (c)(2) of this section;

           *       *       *       *       *       *       *

    [(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 inlands.

           *       *       *       *       *       *       *


                                  
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