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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-326




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. 2742]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2742) to authorize the construction of a Native American 
Cultural Center and Museum in Oklahoma City, Oklahoma, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2742, as ordered reported, is to 
authorize the construction of a Native American Cultural Center 
and Museum in Oklahoma City, Oklahoma.


    Oklahoma has one of the largest American Indian populations 
of any state. Many of the 252,420 American Indians living in 
Oklahoma today are descendants of the original 67 tribes that 
inhabited ``Indian Territory'' (the area now comprising the 
state of Oklahoma). The State currently recognizes 39 American 
Indian tribes within its borders.
    In 1994, the Oklahoma Legislature created the Native 
American Cultural and Educational Authority (NACEA) ``to 
promote the history and culture of Native Americans for the 
mutual benefit of the state of Oklahoma and its American Indian 
and non-Indian citizens.'' The legislation authorized the NACEA 
to construct and operate a Cultural Center and Museum on a 
chosen site in Oklahoma City. The NACEA, along with the 
Oklahoma Historical Society, plans to file an application for 
the Center to be a Smithsonian Institution affiliate, making it 
eligible to receive Smithsonian exhibits.
    The NACEA also has plans for a major commercial component 
to be constructed as a complement to the Cultural Center and 
Museum. Plans include a 75,000-square foot Native American 
Marketplace, Lodge and Conference Center, hotel, two 
recreational vehicle parks, and sports fields for youth 
activities. Revenues collected from the commercial component 
will be reinvested in the maintenance of the Center, Museum and 
    Once the NACEA demonstrates that it has a minimum of $25 
million in funds available for development, the agreement 
between NACEA and Oklahoma City calls for the conveyance by the 
City to NACEA of 300 acres of land near downtown on the south 
bank of the North Canadian River. In addition to this land 
grant, the City will apply for a Brownfields Economic 
Development Initiative Grant and a companion Community 
Development Block Grant Section 108 (forgivable loan/grant) 
from U.S. Department of Housing and Urban Development for $5 
    To date, the NACEA has raised $100,000 from private 
donations, $6.5 million in State funds as well as the value of 
the land grant which is estimated to be worth between $5 and 
$15 million.
    H.R. 2742 authorizes the Secretary of the Interior to grant 
$33 million for the development and construction of the Center 
and Museum under the conditions that the NACEA (1) provide for 
continual maintenance of the Center without the use of federal 
funds; and (2) demonstrate that it has commitments from private 
persons or State or local government agencies for at least 66 
percent of the total cost of the project. The bill also 
authorizes the Secretary to reduce the cost share obligation of 
the NACEA by the fair market value of land donated by Oklahoma 
City for the Center as an in-kind contribution from the City. 
The bill authorizes appropriations to the Secretary for $8.25 
million for each of fiscal years 2003-2006.

                            COMMITTEE ACTION

    H.R. 2742 was introduced on August 2, 2001 by Congressman 
Brad Carson (D-OK). The bill was referred to the Committee on 
Resources. On October 17, 2001, the Committee held a hearing on 
the bill. On November 28, 2001, the Full Resources Committee 
met to consider the bill. No amendments were offered and the 
bill was ordered favorably reported to the House of 
Representatives by unanimous consent.


    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.


    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.


    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 authorize the construction of a 
Native American Cultural Center and Museum in Oklahoma City, 
    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 

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 3, 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 of H.R. 2742, a bill to 
authorize the construction of a Native American Cultural Center 
and Museum in Oklahoma City, Oklahoma.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).

H.R. 2742--A bill to authorize the construction of a Native American 
        Cultural Center and Museum in Oklahoma City, Oklahoma

    H.R. 2742 would direct the Department of the Interior to 
make grants to the Native American Cultural and Educational 
Authority of Oklahoma to fund a portion of the costs of 
building a new cultural center and museum facility. The bill 
would authorize the appropriation of $8 million each year over 
the 2003-2006 period for this purpose.
    The estimated budgetary impact of H.R. 2742 is shown in the 
following table. Assuming appropriation of the authorized 
amount, CBO estimates that implementing H.R. 2742 would cost 
the federal government $31 million over the 2003-2006 period. 
The costs of this legislation fall within budget function 450 
(community and regional development). The bill would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.

                                      By fiscal year, in millions of
                                   2002    2003    2004    2005    2006

Estimated authorization level...       0       8       8       8       8
Estimated outlays...............       0       7       8       9       7

    H.R. 2742 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 grant funds authorized by this bill would benefit the state 
of Oklahoma and the city of Oklahoma City. Any costs incurred 
by state, local, or tribal governments to meet the conditions 
of this assistance would be voluntary.
    The CBO staff contact for this estimate is Lanette J. 
Walker. 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