[House Report 114-820]
[From the U.S. Government Publishing Office]


114th Congress    }                                   {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {        114-820

======================================================================
 
TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ACQUIRE CERTAIN PROPERTY 
 RELATED TO THE FORT SCOTT NATIONAL HISTORIC SITE IN FORT SCOTT, KANSAS

                                _______
                                

 November 14, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2333]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2333) to authorize the Secretary of the Interior 
to acquire certain property related to the Fort Scott National 
Historic Site in Fort Scott, Kansas, 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. AUTHORIZATION TO ACQUIRE LUNETTE BLAIR.

  The Act entitled ``An Act to authorize establishment of the Fort 
Scott National Historic Site, Kansas, and for other purposes.'', 
approved October 19, 1978 (Public Law 95-484) is amended--
          (1) in the first section, by striking ``: Provided, that the 
        buildings so acquired shall not include the structure known as 
        `Lunette Blair'''; and
          (2) in section 2--
                  (A) by striking ``Sec. 2. When'' and inserting the 
                following:

``SEC. 2. ESTABLISHMENT.

  ``(a) In General.--When''; and
                  (B) by adding at the end the following:
  ``(b) Boundary Modification.--The boundary of the Fort Scott National 
Historic Site established under subsection (a) is modified as generally 
depicted on the map referred to as `Fort Scott National Historic Site 
Proposed Boundary Modification', numbered 471/80,057, and dated 
February 2016.
  ``(c) Land Acquisition.--The Secretary of the Interior is authorized 
to acquire land and interests in land within the boundaries of the Fort 
Scott National Historic Site by donation or exchange only. The 
Secretary may not acquire by condemnation any land or interests in land 
within the boundaries of the Fort Scott National Historic Site. No 
private property or non-Federal property shall be included within the 
boundaries of the Fort Scott National Historic Site without the written 
consent of the owner of such property.
  ``(d) No Buffer Zone Created.--Nothing in this Act, the establishment 
of the Fort Scott National Historic Site, or the management plan for 
the Fort Scott National Historic Site, shall be construed to create a 
buffer zone outside of the Fort Scott National Historic Site. That 
activities or uses can be seen, heard or detected from areas within the 
Fort Scott National Historic Site shall not preclude, limit, control, 
regulate, or determine the conduct or management of activities or uses 
outside of the Fort Scott National Historic Site.''.

                          Purpose of the Bill

    The purpose of H.R. 2333 is to authorize the Secretary of 
the Interior to acquire certain property related to the Fort 
Scott National Historic Site in Fort Scott, Kansas.

                  Background and Need for Legislation

    Established in 1842, Fort Scott initially served as part of 
a line of forts created to establish a ``Permanent Indian 
Frontier.'' After an influx of white settlements forced several 
tribes to relocate west of the Mississippi, the government 
guaranteed certain lands to tribes as off-limits to white 
settlement. The Army created a line of forts stretching from 
Minnesota to Louisiana to maintain peace between the newly 
relocated tribes and the white settlers in Missouri and 
Arkansas as well as prevent conflicts between the tribes 
themselves. In the 1850s, a variety of factors including the 
Gold Rush resulted in the continued Western expansion, and a 
desire to establish a transcontinental railroad caused the 
concept of the Permanent Indian Frontier to fall apart and the 
Army to close the Fort.
    During the Civil War, the Union Army returned to Fort Scott 
and erected four blockhouses, including Lunette Blair, to 
protect the southern portion of the town from Confederate 
invasion. Fort Scott served as a strategic point to protect 
Kansas from Confederate control as well as ``a major supply 
depot for Union armies in the West, a general hospital for 
soldiers in the region and a haven for people fleeing the war--
displaced Indians, escaped slaves, and white farmers.'' After 
the Civil War, the Army auctioned off the Lunette Blair 
blockhouse to a private citizen who used the site as a 
carpentry shop for 40 years. Despite moving locations on six 
occasions and various transfers in ownership over the next 150 
years, Lunette Blair remains the only intact Civil War 
blockhouse in the Fort Scott area.
    H.R. 2333, as reported, modifies a prohibition on the 
Secretary of the Interior from incorporating new structures 
into the Fort Scott National Historic Site (NHS) to allow the 
Secretary to acquire the Lunette Blair blockhouse. Congress 
initially deemed the Lunette Blair blockhouse anachronistic and 
excluded the structure from the boundaries of the Fort Scott 
NHS. The National Park Service (NPS) supports adding the 
blockhouse to expand the interpretation of Fort Scott NHS and 
demonstrate its different roles throughout American history. 
The private citizens maintaining the blockhouse asked NPS to 
acquire the structure in recent years. Both the City of Fort 
Scott and the Historic Preservation Association, the owners of 
the property, support the NPS acquiring the site. The NPS 
believes the 16 square foot site requires very little repair 
and that its maintenance can fit within the existing park 
budget.
    Accordingly, the bill was amended during markup to 
authorize NPS to acquire, by donation or exchange, three 
additional properties directly adjacent to Fort Scott NHS. The 
three properties totaling 3.81 acres would either increase 
visitor access to Fort Scott NHS or house structures from the 
Civil War suitable for NPS interpretation.
    Senator Jerry Moran (R-KS) introduced a companion bill, S. 
2087, on September 28, 2015.

                            Committee Action

    H.R. 2333 was introduced on May 14, 2015, by Congresswoman 
Lynn Jenkins (R-KS). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands. On June 23, 2016, the Subcommittee held a 
hearing on the bill. On July 12, 2016, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Congressman Tom McClintock (R-
CA) offered an amendment designated #1. The amendment was 
adopted by a roll call vote of 21 yeas to 14 nays, as follows:


    No other amendments were offered, and the bill, as amended, 
was ordered favorably reported to the House of Representatives 
on July 13, 2016, by a roll call vote of 22 yeas to 14 nays, as 
follows:


            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 and Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 27, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2333, a bill to 
authorize the Secretary of the Interior to acquire certain 
property related to the Fort Scott National Historic Site in 
Fort Scott, Kansas.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2333--A bill to authorize the Secretary of the Interior to acquire 
        certain property related to the Fort Scott National Historic 
        Site in Fort Scott, Kansas

    H.R. 2333 would authorize the National Park Service (NPS) 
to acquire the Civil War-era structure known as the ``Lunette 
Blair'' blockhouse and to incorporate the structure into the 
Fort Scott National Historic Site in Bourbon County, Kansas. 
The bill also would authorize the NPS to acquire, by exchange, 
approximately 4 acres of private land, including facilities, 
adjacent to the historic site and would modify the boundary of 
the site to include those properties. (Under current law, the 
NPS may only acquire such properties by donation. The bill 
would not allow for acquisition by purchase.)
    Based on an analysis of information provided by the NPS, 
CBO expects that the agency would likely acquire the blockhouse 
by donation; however, CBO expects that the owners of the other 
properties within the revised boundaries of the park would not 
be willing to donate or exchange those properties with the NPS. 
As a result, CBO expects that, if the legislation were enacted, 
the NPS would only acquire the blockhouse.
    Once acquired, the NPS would incur costs to repair and 
maintain the blockhouse. Based on information provided by the 
agency, CBO estimates that implementing the legislation would 
cost about $200,000 over the 2017-2021 period and an additional 
$40,000 annually thereafter; that spending would be subject to 
the availability of appropriated funds.
    Enacting H.R. 2333 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 2333 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 2333 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.
    On October 26, 2016, CBO transmitted a cost estimate for S. 
2087, the Fort Scott National Historic Site Boundary 
Modification Act, as ordered reported by the Senate Committee 
on Energy and Natural Resources on July 13, 2016. That bill 
would authorize the NPS to acquire properties for inclusion 
within the park by purchase using appropriated funds, whereas 
H.R. 2333 would not allow such purchases. As a result, CBO's 
estimate of spending subject to appropriation is lower for H.R. 
2333 than for S. 2087.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. 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 authorize the Secretary of the 
Interior to acquire certain property related to the Fort Scott 
National Historic Site in Fort Scott, Kansas.

                           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 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, and existing law in which no 
change is proposed is shown in roman):

                           PUBLIC LAW 95-484


  AN ACT An Act to authorize establishment of the Fort Scott National 
             Historic Site, Kansas, and for other purposes.

Be it enacted by the Senate and Bowe of Representatives of the 
United States of America in Congress assembled, That, in order 
to commemorate the significant role played by Fort Scott in the 
opening of the West, as well as the Civil War and the strife in 
the State of Kansas that preceded it, the Secretary of the 
Interior may acquire by donation the land and interests in 
land, together with buildings and improvements thereon, known 
as Fort Scott, located in the city of Fort Scott, Bourbon 
County, Kansas[: Provided, that the buildings so acquired shall 
not include the structure known as ``Lunette Blair''].
  [Sec. 2. When]

SEC. 2. ESTABLISHMENT.

  (a) In General.--When the site of Fort Scott has been 
acquired by the United States as provided in section 1 of this 
Act, the Secretary of the Interior shall establish such area as 
the Fort Scott National Historic Site, by publication of notice 
and boundary map thereof in the Federal Register.
  (b) Boundary Modification.--The boundary of the Fort Scott 
National Historic Site established under subsection (a) is 
modified as generally depicted on the map referred to as ``Fort 
Scott National Historic Site Proposed Boundary Modification'', 
numbered 471/80,057, and dated February 2016.
  (c) Land Acquisition.--The Secretary of the Interior is 
authorized to acquire land and interests in land within the 
boundaries of the Fort Scott National Historic Site by donation 
or exchange only. The Secretary may not acquire by condemnation 
any land or interests in land within the boundaries of the Fort 
Scott National Historic Site. No private property or non-
Federal property shall be included within the boundaries of the 
Fort Scott National Historic Site without the written consent 
of the owner of such property.
  (d) No Buffer Zone Created.--Nothing in this Act, the 
establishment of the Fort Scott National Historic Site, or the 
management plan for the Fort Scott National Historic Site, 
shall be construed to create a buffer zone outside of the Fort 
Scott National Historic Site. That activities or uses can be 
seen, heard or detected from areas within the Fort Scott 
National Historic Site shall not preclude, limit, control, 
regulate, or determine the conduct or management of activities 
or uses outside of the Fort Scott National Historic Site.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 2333, as introduced, was bipartisan legislation to 
adjust the boundary of a national historic site to include a 
small Civil War-era block house, known as the Lunette Blair, in 
Fort Scott, Kansas. At the hearing, the National Park Service 
asked the committee to include three additional properties in 
the boundary expansion. Acquisition and federal management of 
the Lunette Blair Blockhouse and the three other properties 
will preserve significant Civil War era resources and enhance 
the interpretative mission of the site.
    At mark-up, an amendment by Federal Lands Subcommittee 
Chairman McClintock complied with this request, but also 
prohibited the use of federal funds for the purchase of any of 
the identified properties. As a result, the bill would include 
these properties within the boundary of the site, but 
acquisition authority is now limited to donation or exchange. 
This is a dramatic policy change that limits the tools 
available to the property owners and the federal government for 
protecting these important historic resources.
    In some cases, Democrats have reluctantly signed off on 
funding restrictions put forward by the majority. These were 
narrow instances in which boundary expansions did not require 
the use of federal funds. In this case, however, the use of 
federal funds is crucial to the expansion and perfectly 
appropriate. To be clear, any such funds would have to be 
appropriated by Congress.
    Apparently, the Majority has determined that the resources 
in Fort Scott are not worthy of federal funding and should only 
come under federal management if a generous benefactor decides 
to donate them. We think this is short-sighted and cannot 
support this bill moving forward, as amended.
                                  Raul M. Grijalva,
                                            Ranking Member,
                                    Committee on Natural Resources.
                                      Niki Tsongas,
                                            Ranking Member,
                                     Subcommittee on Federal Lands.

                                  [all]