[House Report 116-425]
[From the U.S. Government Publishing Office]


116th Congress}                                            { Report

  2d Session  }        HOUSE OF REPRESENTATIVES	           { 116-425   

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                REPUBLIC OF TEXAS LEGATION MEMORIAL ACT

                                _______
                                

  May 27, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3349]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3349) to authorize the Daughters of the Republic 
of Texas to establish the Republic of Texas Legation Memorial 
as a commemorative work in the District of Columbia, 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Republic of Texas Legation Memorial 
Act''.

SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK.

  (a) In General.--The Daughters of the Republic of Texas may establish 
a commemorative work on Federal land in the District of Columbia and 
its environs to commemorate and honor those who, as representatives of 
the Republic of Texas, served in the District of Columbia as diplomats 
to the United States and made possible the annexation of Texas as the 
twenty-eighth State of the United States.
  (b) Compliance With Standards for Commemorative Works.--The 
establishment of the commemorative work under this section shall be in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the ``Commemorative Works Act'').
  (c) Prohibition on the Use of Federal Funds.--
          (1) In general.--Federal funds may not be used to pay any 
        expense of the establishment of the commemorative work under 
        this section.
          (2) Responsibility of the daughters of the republic of 
        texas.--The Daughters of the Republic of Texas shall be solely 
        responsible for acceptance of contributions for, and payment of 
        the expenses of, the establishment of the commemorative work 
        under this section.
  (d) Deposit of Excess Funds.--
          (1) In general.--If upon payment of all expenses for the 
        establishment of the memorial (including the maintenance and 
        preservation amount required by section 8906(b)(1) of title 40, 
        United States Code), there remains a balance of funds received 
        for the establishment of the commemorative work, the Daughters 
        of the Republic of Texas shall transmit the amount of the 
        balance to the Secretary of the Interior for deposit in the 
        account provided for in section 8906(b)(3) of title 40, United 
        States Code.
          (2) On expiration of authority.--If upon expiration of the 
        authority for the commemorative work under section 8903(e) of 
        title 40, United States Code, there remains a balance of funds 
        received for the establishment of the commemorative work, the 
        Daughters of the Republic of Texas shall transmit the balance 
        to a separate account with the National Park Foundation for 
        memorials, to be available to the Secretary of the Interior or 
        the Administrator (as appropriate) following the process 
        provided in section 8906(b)(4) of title 40, United States Code, 
        for accounts established under section 8906(b)(2) or (3) of 
        title 40, United States Code.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3349 is to authorize the Daughters of 
the Republic of Texas to establish the Republic of Texas 
Legation Memorial as a commemorative work in the District of 
Columbia and its environs, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1836, the Republic of Texas declared its independence 
from Mexico. As an independent country, the Republic of Texas 
sent diplomats to several countries, including the United 
States, France, and England, to represent the Republic's 
interests. While the Texas Legation in Paris and London had 
permanent locations, the diplomats in Washington, D.C., worked 
out of their boarding houses.\1\ From 1836 to 1845, the Texas 
Legation negotiated the terms by which Texas would join the 
United States and, in 1845, the United States annexed the 
Republic of Texas. Although a plaque in London and a carved 
stone in Paris have been erected to recognize the role the 
Texas Legation played in each country, no such commemorative 
work exists in the United States.
---------------------------------------------------------------------------
    \1\Tom Benning, Republic of Texas Diplomats Are Honored in Paris 
and London. Why Not in Washington?, Dallas Morning News (Aug.28, 2018, 
6:45 AM), https://www.dallasnews.com/news/texana/2018/08/28/republic-
of-texas-diplomats-are-honored-in-paris-and-london-why-not-in-
washington/.
---------------------------------------------------------------------------
    H.R. 3349 would authorize the Daughters of the Republic of 
Texas to establish a commemorative work on federal land in the 
District of Columbia and its environs in honor of the Texas 
Legation. The legislation stipulates that the monument would be 
established in accordance with the Commemorative Works Act and 
without the use of federal funds.

                            COMMITTEE ACTION

    H.R. 3349 was introduced on June 19, 2019, by 
Representative Lloyd Doggett (D-TX). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on National Parks, Forests, and 
Public Lands. On December 4, 2019, the Subcommittee held a 
hearing on the bill. On March 11, 2020, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Chair Raul M. Grijalva (D-AZ) 
offered an amendment in the nature of a substitute. The 
amendment was agreed to by unanimous consent. The bill, as 
amended, was adopted and ordered favorably reported to the 
House of Representatives by unanimous consent.

                                HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 3349: legislative hearing by the Subcommittee on 
National Parks, Forests, and Public Lands held on December 4, 
2019.

            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 AND CONGRESSIONAL 
                               BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
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 following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 4, 2020.
Hon. Raul M. Grijalva,
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. 3349, the Republic 
of Texas Legation Memorial Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    H.R. 3349 would authorize the nonprofit Daughters of the 
Republic of Texas to establish a commemorative work in or near 
Washington, D.C. The bill would prohibit the use of federal 
funds to establish the memorial.
    The project would be subject to the provisions of the 
Commemorative Works Act. Under that act, any entity that 
receives a construction permit for a commemorative work must 
donate an amount equal to 10 percent of the memorial's 
estimated construction costs to the National Park Foundation, a 
nonprofit organization whose subsequent donations to the 
National Park Service are recorded on the budget. That donation 
and any project funds remaining after construction would be 
available for maintenance of the memorial without further 
appropriation.
    Based on similar projects, CBO expects that any amounts 
collected by the federal government for maintenance of the 
monument would not be received for several years and would be 
offset by expenditure soon thereafter. Thus, CBO estimates that 
the bill's net effect on direct spending would be negligible.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to authorize the Daughters of the 
Republic of Texas to establish the Republic of Texas Legation 
Memorial as a commemorative work in the District of Columbia 
and its environs.

                           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.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    This bill contains no unfunded mandates.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]