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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-839

======================================================================



 
       MINUTE MAN NATIONAL HISTORICAL PARK BOUNDARY REVISION ACT

                                _______
                                

 September 11, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 5853]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5853) to expand the boundary of the Minute Man 
National Historical Park in the Commonwealth of Massachusetts 
to include Barrett's Farm, and for other purposes, 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. 5853 is to modify the boundary of the 
Minute Man National Historical Park in Massachusetts to include 
Barrett's Farm, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Minute Man National Historical Park was established by 
Congress on September 21, 1959, to preserve, protect, and 
interpret many of the historic sites and structures associated 
with the opening battles of the American Revolution. The Park 
encompasses 967 acres in total and is located in three 
geographical units in Concord, Lexington, and Lincoln, 
Massachusetts.
    In December 2006, Congress directed the National Park 
Service (NPS) to study and assess the suitability of including 
the Colonel James Barrett Farm (Barrett's Farm) as part of the 
Park. The Minute Man National Historical Park Boundary Study 
and Environmental Assessment was completed in August 2007, and 
concluded that the farmhouse, which is ``remarkably well 
preserved,'' and surrounding farmland met the criteria for 
expansion and should be included within the Park.
    Colonel James Barrett was a leading Revolutionary War 
patriot and military figure and his farm, in Concord, played a 
significant role in the events leading up to the opening 
battles of the Revolutionary War at Lexington and Concord in 
April, 1775.
    H.R. 5853 will permit the inclusion of a total of 67 acres 
within the Park boundary and add significant historical 
properties to the Park--but most of those will continue to be 
cooperatively managed by private groups and the local 
government. However, the NPS envisions acquiring 4.5 acres that 
specifically includes the Barrett farmhouse and the adjacent 
farmland. The Secretary is only authorized to acquire land from 
willing sellers with donated or appropriated funds, or by 
donation or exchange.
    This bill enjoys the support of the entire Massachusetts 
Congressional delegation. A companion bill, S. 2513, supported 
by both Senators from Massachusetts, was reported out of the 
Senate Energy and Natural Resources Committee by voice vote.

                            COMMITTEE ACTION

    H.R. 5853 was introduced on April 17, 2008 by 
Representative Tsongas (D-MA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests, and Public Lands. At a 
hearing before the Subcommittee on July 15, 2008, the 
Administration testified in support of the bill.
    On July 23, 2008, the Subcommittee was discharged from 
further consideration of the legislation and the Full Natural 
Resources Committee met to consider the bill. Representative 
Sali (R-ID) offered an amendment requiring that the lands added 
to the park would be exclusively governed by state and local 
laws regarding the possession or use of a weapon, including a 
concealed weapon. The Sali amendment was not agreed to by a 
recorded vote of 9 yeas and 11 nays, as follows:


    The bill was then ordered favorably reported to the House 
of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that the Act may be cited as the 
``Minute Man National Historical Park Boundary Revision Act''.

Section 2. Minute Man National Historical Park boundary revision.

    Subsection 2(a) directs that the boundary of the Minute Man 
National Historical Park is to be modified to include the area 
generally depicted on the map entitled ``Minute Man National 
Historical Park Proposed Boundary'' and numbered 406/81001, 
dated July 2007. It further provides that the map shall be made 
available and on file for inspection by the public in the 
appropriate offices of the National Park Service at the 
Department of the Interior.
    Subsection 2(b) allows for the acquisition of certain 
lands. It provides that the Secretary of the Interior may 
acquire land, or interest in land, within the area of the 
modified boundary described in subsection (a). It stipulates 
that the land may only be purchased from willing sellers with 
donated or appropriated funds, by donation, or by exchange.
    Subsection 2(c) states that lands added to the park under 
Section 2 shall be administered by the Secretary of the 
Interior as part of the Minute Man National Historical Park, 
and in accordance with applicable laws and regulations.

            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.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants 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 expand the boundary of the Minute 
Man National Historical Park in the Commonwealth of 
Massachusetts to include Barrett's Farm, and for other 
purposes.
    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:

H.R. 5853--Minute Man National Historical Park Boundary Revision Act

    H.R. 5853 would modify the boundary of the Minute Man 
National Historical Park in Massachusetts. Based on information 
provided by the National Park Service (NPS) and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing the legislation would cost $2.5 million over the 
2009-2013 period. Enacting the bill would have no effect on 
revenues or direct spending.
    The bill 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.
    H.R. 5853 would add about 70 acres to the boundary of the 
historical park and authorize the NPS to acquire the additional 
acreage by purchase, donation, or exchange. CBO expects that 
most of the land to be added by the bill would continue to be 
owned and managed by the town of Concord. We estimate that the 
NPS would purchase less than five acres, including the site of 
the James Barrett Farm, for about $2 million in 2009. Federal 
costs to restore and develop that property would not be 
significant because the current owner, a local nonprofit 
organization, is currently restoring it with private donations. 
Finally, we estimate that ongoing costs to operate and maintain 
the new property would be about $100,000 a year.
    On May 20, 2008, CBO transmitted a cost estimate for S. 
2513, the Minute Man National Historical Park Boundary Revision 
Act, as ordered reported by the Senate Committee on Energy and 
Natural Resources on May 7, 2008. S. 2513 and H.R. 5853 are 
very similar, and the estimated costs of the two versions of 
the legislation are the same.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 5853 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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.