[House Report 107-325]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-325
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HOMESTEAD NATIONAL MONUMENT OF AMERICA ADDITIONS ACT
_______
December 6, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 38]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 38) to provide for additional lands to be included within
the boundaries of the Homestead National Monument of America in
the State of Nebraska, 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 ``Homestead National Monument of America
Additions Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Proposed
Boundary Adjustment, Homestead National Monument of America,
Gage County, Nebraska'', numbered 368/80036 and dated March
2000.
(2) Monument.--The term ``Monument'' means the Homestead
National Monument of America, Nebraska.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. ADDITIONS TO HOMESTEAD NATIONAL MONUMENT OF AMERICA.
(a) In General.--The Secretary may acquire, by donation or by
purchase with appropriated or donated funds, from willing sellers only,
the privately-owned property described in paragraphs (1) and (2) of
subsection (b). The Secretary may acquire, by donation only, the State-
owned property described in paragraphs (3) and (4) of subsection (b).
(b) Parcels.--The parcels referred to in subsection (a) are the
following:
(1) Graff property.--The parcel consisting of approximately
15.98 acres of privately-owned land, as depicted on the map.
(2) Pioneer acres green.--The parcel consisting of
approximately 3 acres of privately-owned land, as depicted on
the map.
(3) Segment of state highway 4.--The parcel consisting of
approximately 5.6 acres of State-owned land including Nebraska
State Highway 4, as depicted on the map.
(4) State triangle.--The parcel consisting of approximately
8.3 acres of State-owned land, as depicted on the map.
(c) Boundary Adjustment.--Upon acquisition of a parcel described in
subsection (b), the Secretary shall modify the boundary of the Monument
to include the parcel. Any parcel included within the boundary shall be
administered by the Secretary as part of the Monument.
(d) Deadline for Acquisition of Certain Property.--If the property
described in subsection (b)(1) is not acquired by the Secretary from a
willing seller within 5 years after the date of the enactment of this
Act, the Secretary shall no longer be authorized to acquire such
property pursuant to this Act and such property shall not become part
of the Monument pursuant to this Act.
(e) Availability of Map.--The map shall be on file in the appropriate
offices of the National Park Service.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $400,000.
SEC. 4. COOPERATIVE AGREEMENTS.
The Secretary may enter into cooperative agreements with the State of
Nebraska, Gage County, local units of government, private groups, and
individuals for operation, maintenance, interpretation, recreation, and
other purposes related to the proposed Homestead Heritage Highway to be
located in the general vicinity of the Monument.
PURPOSE OF THE BILL
The purpose of H.R. 38 is to provide for additional lands
to be included within the boundaries of the Homestead National
Monument of America in the State of Nebraska, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Homestead National Monument of America, located in
southeast Nebraska near the town of Beatrice, Nebraska,
commemorates one of the first homesteads claimed following the
passage of the 1862 Homestead Act. The National Monument
includes a pioneer cabin, an old school house, nearly one
hundred acres of restored tall grass prairie, and a visitor
center.
The purchase of additional land would allow the National
Park Service (NPS) to build a new Homestead Heritage Center, a
28,000 square-foot facility that would hold the monument's
collections, interpretive exhibits, public research facilities
and administrative offices. The new Homestead Heritage Center
would be located outside the hundred year flood-plain and offer
better protection to the 14,000 artifacts currently in storage
due to lack of available space in the existing facilities.
Funds to build the visitor center were appropriated in fiscal
year 2001, but the NPS has been waiting to build the new center
until land above the flood-plain has been acquired.
The NPS has arranged with the Nebraska Department of Roads
to move State Highway 4 from the monument and create the
Homestead Heritage Parkway. The Parkway would allow for
educational displays of agricultural procedures, past and
present, along the road. The parkway would also allow for a
hike and bike path that would connect the park to Beatrice,
four miles to the east.
COMMITTEE ACTION
H.R. 38 was introduced on January 3, 2001, by Congressman
Doug Bereuter (R-NE) and was referred to the Committee on
Resources. On February 15, 2001, the bill was referred to the
Subcommittee on National Parks, Recreation, and Public Lands.
On October 4, 2001, the Subcommittee held a hearing on the
bill. On November 15, 2001, the Subcommittee met to mark up the
bill. Congressman George Radanovich (R-CA) offered an amendment
making technical changes to the boundary description increasing
the acreage from 1.4 acres to approximately 5.6 acres. It was
adopted by voice vote. The bill, as amended, was then forwarded
to the Full Committee by unanimous consent. On November 28,
2001, the Full Resources Committee met to consider the bill. No
amendments were offered and the bill was then 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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation.--Clause 3(d)(2) 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)(3)(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.
2. 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.
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 provide for additional lands to be
included within the boundaries of the Homestead National
Monument of America in the State of Nebraska.
4. Congressional Budget Office Cost Estimate.--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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 38, the Homestead
National Monument of America Additions Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 38--Homestead National Monument of America Additions Act
H.R. 38 would authorize the Secretary of the Interior to
acquire four parcels of land totaling almost 33 acres in
Nebraska. The land would be added to the Homestead National
Monument of America in Gage County, Nebraska. The bill would
allow the Secretary to acquire approximately 19 acres of
privately owned land by donation or purchase. The Secretary
would be permitted to acquire approximately 14 acres of state-
owned property by donation only. Finally, section 3 would
authorize the appropriation of $400,000 to implement the
legislation.
CBO estimates that implementing H.R. 38 would have no
significant impact on the federal budget. The $400,000 needed
to purchase the two parcels of privately owned land for the
monument was already appropriated for fiscal year 2001, and we
estimate that annual costs to manage these parcels (and any
property donated by the state) would not be significant. The
bill would not affect direct spending; therefore, pay-as-you-go
procedures would not apply.
H.R. 38 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.
Any actions taken by the state of Nebraska or local governments
in the state as a result of this legislation, including
donating land for the monument, would be voluntary.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
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.