[Senate Report 113-302]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 642
113th Congress  }                                          {   Report
  2d Session    }                            SENATE        {  113-302

=====================================================================
 
  SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT

                                _______


               December 10, 2014.--Ordered to be printed

                                _______


   Ms. Landrieu, from the Committee on Energy and Natural Resources,
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 885]

    The Committee on Energy and Natural Resources, to which was
referred an Act (H.R. 885) to expand the boundary of the San
Antonio Missions National Historical Park, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the Act do pass.

                                Purpose

    The purpose of H.R. 885 is to expand the boundary of the
San Antonio Missions National Historical Park.

                          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. H.R. 885 expands the
park boundary to include an additional 137-acres. The inclusion
of these additional lands will help the National Park Service
achieve the park's purpose of protecting and preserving
important cultural and historic resources associated with the
Spanish Colonial era.

                          Legislative History

    H.R. 885 was introduced by Representative Doggett on
February 28, 2013. The House Committee on Natural Resources
ordered H.R. 885 reported on May 17, 2013 (H. Rept. 113-70),
and the House of Representatives passed H.R. 885 by a voice
vote on June 3, 2013.
    In the Senate, the Subcommittee on National Parks held a
hearing on H.R. 885 on July 31, 2013 (S. Hrg. 113-93). At its
business meeting on November 13, 2014, the Committee ordered
H.R. 885 favorably reported.
    In the 112th Congress, the Committee considered a similar
bill, S. 114, sponsored by Senator Hutchison. The Subcommittee
on National Parks held a hearing on S. 114 on May 11, 2011 (S.
Hrg. 112-124). At its business meeting on November 10, 2011,
the Committee on Energy and Natural Resources ordered S. 114
favorably reported (S. Rept. 112-103). This bill was passed by
the Senate by unanimous consent but received no further action
in the House.
    In the 111th Congress, the Committee considered a similar
bill, S. 3524, sponsored by Senator Hutchison at a Subcommittee
on National Parks hearing on September 29, 2010.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in
open business session on November 13, 2014, by a voice vote of
a quorum present, recommends that the Senate pass H.R. 885.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``San Antonio
Missions National Historical Park Boundary Expansion Act of
2013.''
    Section 2 amends section 201(a) of Public Law 95-629, which
establishes the San Antonio Missions National Historical Park,
to modify the park boundary. Paragraphs (1), (2), and (3)
designate the three existing sentences of section 201(a) as
paragraphs (1), (2), and (5) of section 201(a).
    Paragraph (4) adds two new paragraphs to section 201(a) and
designates them as paragraphs (3) and (4). The new paragraph
(3) modifies the authorized boundary of the San Antonio
Missions National Historical Park to include approximately 137
additional acres. The new paragraph (4) requires the Secretary
of the Interior to acquire the additional acreage only by
donation or exchange and prohibits any payment in the case of
exchange. In addition, the new paragraph (4) requires the
owner's written consent for inclusion of any private or non-
federal public property within the boundary, and it prohibits
creating buffer zones outside of the Park's boundaries.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.

                      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 H.R. 885.
    The Act 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 H.R. 885, as ordered reported.

                   Congressionally Directed Spending

    H.R. 885, as 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 National Park Service at the
July 31, 2013, Subcommittee on National Parks hearing on H.R.
885 follows:

     Statement of Stephanie Toothman, Associate Director, Cultural
   Resources, Partnerships and Science, National Park Service, U.S.
                       Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to provide the views of the Department on H.R.
885, to expand the boundary of San Antonio Missions National
Historical Park (Park), and for other purposes.
    The Department supports H.R. 885 with amendments described
later in this statement.
    H.R. 885 would expand the boundary of the Park by
approximately 137 acres, all of which are currently being
managed by the National Park Service (NPS). Of the 137 acres,
102 acres are either owned by the United States and managed by
the NPS or are being managed by the NPS under a cooperative
agreement and are in the process of being donated to the Park.
Nineteen acres are currently, and will continue to be, managed
through a cooperative agreement with the landowners, the city
of San Antonio and Bexar County that protects the cultural
landscape, ensures public access, and provides for greater
interpretation of the historical and architectural values of
the Park. The additional 16 acres will continue to be managed
by Bexar County.
    The Park's authorizing legislation allows for the
acquisition of new lands outside the Park boundary and allows
the Park to enter into cooperative agreements to preserve
historic properties and provide for visitor access and
interpretation. However, the Park has only limited authority to
revise the Park boundary to include additional lands, which is
why this legislation is necessary. Because the park currently
manages 121 acres of the lands that would be included in the
new boundary and Bexar County will continue to manage the
additional 16 acres, H.R. 885 will not result in increased
operational costs.
    The 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, Texas, is now
the seventh-largest, 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. Based on the
Park's General Management Plan and Land Protection Plan, which
found that numerous areas containing significant Spanish
colonial resources historically associated with the Park were
outside the boundary, the Park acquired the additional lands
that now need to be included in the boundary.
    This legislation enjoys the 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.
    The Department recommends that the bill be amended to
address the bill's park boundary, land acquisition, and buffer
zone provisions: As passed by the House, H.R. 885 prohibits
acquisition by condemnation of any land or interests in land
within the boundaries of the park. The NPS has consistently
opposed changing a park's existing land acquisition authority
when boundary adjustments are made. While condemnation is
rarely used, it can be a critical tool during a friendly
condemnation, where the value of the land is in dispute, or
when title to the property is in doubt or cannot be cleared. If
the intent of this legislation is to prohibit the acquisition
by condemnation of the new 137 acres that would be included in
the park boundary, we recommend amending the bill to eliminate
the general prohibition on condemnation, and to provide
specifically that acquisition of the 137 acres brought within
the boundary by this legislation may not be accomplished
through condemnation.
    The bill makes the establishment of the expanded boundary
subject to the written consent of the owners of properties that
would be included within the new boundary. This places
landowners, rather than Congress or the Administration, in the
position of determining the boundary of a federal park, which
we believe is inappropriate. This provision has the potential
to create legal and practical confusion over the boundary since
it is possible that a landowner could give consent, then change
his or her mind and withdraw consent or convey the property to
another owner who withdraws consent. If the intent of this
language is to ensure that only willing sellers convey lands to
the NPS, we recommend amending the language to include such a
provision, instead of investing members of the public with the
ability to determine park boundaries.
    The bill also includes language that says that an activity
outside the boundary shall not be precluded because it can be
heard or seen inside the park boundary. The Department has
concerns about this language. It is misleading, as it suggests
that the NPS may have authority to preclude activities outside
the boundaries, which it does not. Of even greater concern,
however, is that the language could discourage park managers
from addressing threats to park resources from external
sources. Even though the NPS does not control what happens
outside of its boundaries, park managers have a responsibility
under the NPS Organic Act and other laws to work with owners of
properties outside of park boundaries to resolve problems that
could negatively impact the resources the NPS is responsible
for protecting. Therefore, we recommend removing paragraph (4)
on page 3 of the bill by striking lines 1 through 15.
    Mr. Chairman, thank you for the opportunity to present the
views of the Administration.

                        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 H.R. 885, 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):

                           PUBLIC LAW 95-629


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.

           *       *       *       *       *       *       *


                                TITLE II

    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 137 acres, as depicted on the map titled ``San
Antonio Missions National Historical Park Proposed Boundary
Addition'', numbered 472/113,006A, and dated June 2012. 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 inland 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 or exchange only (and in the case of
an exchange, no payment may be made by the Secretary to any
landowner). 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 the park, or the management plan of
the park shall be construed to 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.

           *       *       *       *       *       *       *