[House Report 113-701]
[From the U.S. Government Publishing Office]


113th Congress }                                           {  Report
 2d Session    }         HOUSE OF REPRESENTATIVES          {  113-701
                                                     

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KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY ADJUSTMENT ACT OF 
                                  2014

                                _______
                                

 December 22, 2014.--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. 5003]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5003) 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 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 ``Kennesaw Mountain National Battlefield 
Park Boundary Adjustment Act of 2014''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) Kennesaw Mountain National Battlefield Park was 
        authorized as a unit of the National Park System on June 26, 
        1935. Prior to 1935, parts of the park had been acquired and 
        protected by Civil War veterans and the War Department.
          (2) Kennesaw Mountain National Battlefield Park protects 
        Kennesaw Mountain and Kolb's Farm, which are battle sites along 
        the route of General Sherman's 1864 campaign to take Atlanta.
          (3) Most of the park protects Confederate positions and 
        strategy. The Wallis House is one of the few original 
        structures remaining from the Battle of Kennesaw Mountain 
        associated with Union positions and strategy.
          (4) The Wallis House is strategically located next to a Union 
        signal station at Harriston Hill.

SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.

  (a) Boundary Adjustment.--The boundary of the Kennesaw Mountain 
National Battlefield Park is modified to include the approximately 8 
acres identified as ``Wallis House and Harriston Hill'', and generally 
depicted on the map titled ``Kennesaw Mountain National Battlefield 
Park, Proposed Boundary Adjustment'', numbered 325/80,020, and dated 
February 2010.
  (b) Map.--The map referred to in subsection (a) shall be on file and 
available for inspection in the appropriate offices of the National 
Park Service.
  (c) Land Acquisition.--The Secretary of the Interior is authorized to 
acquire, from willing owners only, land or interests in land described 
in subsection (a) by donation or exchange.
  (d) Administration of Acquired Lands.--The Secretary of the Interior 
shall administer land and interests in land acquired under this section 
as part of the Kennesaw Mountain National Battlefield Park in 
accordance with applicable laws and regulations.
  (e) Written Consent of Owner.--No non-Federal property may be 
included in the Kennesaw Mountain National Battlefield Park without the 
written consent of the owner. This provision shall apply only to those 
portions of the Park added under subsection (a).
  (f) No Use of Condemnation.--The Secretary of the Interior may not 
acquire by condemnation any land or interests in land under this Act or 
for the purposes of this Act.
  (g) No Buffer Zone Created.--Nothing in this Act, the establishment 
of the Kennesaw Mountain National Battlefield Park, or the management 
plan for the Kennesaw Mountain National Battlefield Park shall be 
construed to create buffer zones outside of the Park. That activities 
or uses can be seen, heard, or detected from areas within the Kennesaw 
Mountain National Battlefield Park shall not preclude, limit, control, 
regulate or determine the conduct or management of activities or uses 
outside the Park.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5003 is to adjust the boundary of the 
Kennesaw Mountain National Battlefield Park to include the 
Wallis House and Harriston Hill.

                  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 (NPS) 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. 5003 expands the boundary of the Battlefield and 
authorizes the Secretary of the Interior to acquire 
approximately eight acres of land by donation or exchange as 
part of the park. The expanded area is 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 NPS once the park is authorized to receive it. As reported 
by the Committee on Natural Resources, H.R. 5003 includes 
language requiring written consent to add property into the 
boundaries of the park and prohibits the use of condemnation.

                            COMMITTEE ACTION

    H.R. 5003 was introduced on June 26, 2014, by Congressman 
Phil Gingrey (R-GA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On September 9, 
2014, the Subcommittee held a hearing on the bill. On September 
18, 2014, the Full Natural Resources Committee met to consider 
the bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered an amendment designated #1 to the bill; 
the amendment was adopted by unanimous consent. The bill, as 
amended, was then adopted and 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.

                    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. 5003--Kennesaw Mountain National Battlefield Park Boundary 
        Adjustment Act of 2014

    H.R. 5003 would adjust the boundary of the Kennesaw 
Mountain National Battlefield Park in the state of Georgia. The 
bill would authorize the National Park Service (NPS) to acquire 
about 8 acres of land, including the Wallis house and Harriston 
Hill, by donation or exchange. Based on information provided by 
the NPS, CBO estimates that implementing H.R. 5003 would cost 
$5 million over the 2015-2019 period to develop and operate the 
new property. Enacting H.R. 5003 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 5003 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 implementing H.R. 5003 would cost $5 million 
over the 2015-2019 period to develop and operate the new 
property.
    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.

                           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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.