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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-335

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



 
     TO AUTHORIZE THE ADDITION OF 100 ACRES TO MORRISTOWN NATIONAL 
                            HISTORICAL PARK

                                _______
                                

 November 16, 2009.--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

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 118]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 118) to authorize the addition of 100 acres to 
Morristown National Historical Park, 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. ADDITION TO THE PARK.

  The first section of the Act entitled ``An Act to authorize the 
addition of lands to Morristown National Historical Park in the State 
of New Jersey, and for other purposes'', approved September 18, 1964 
(16 U.S.C. 409g), is amended--
  (1) by inserting ``, from a willing owner only,'' after ``the 
Secretary of the Interior is authorized to procure''; and
  (2) by striking ``615'' each place it appears and inserting ``715''.

                          Purpose of the Bill

    The purpose of H.R. 118 is to authorize the addition of 100 
acres to Morristown National Historical Park.

                  Background and Need for Legislation

    H.R. 118 would raise the acquisition ceiling for Morristown 
National Historical Park in New Jersey from 615 acres to 715 
acres. The park was established to preserve an area of great 
importance to the Continental Army, which was quartered in 
Morristown during January 1777 and the winter of 1779-1780.
    General George Washington chose Morristown for the main 
quarters of his troops because the area offered several 
strategic advantages. The town was a two-day march from the 
main British base in New York City. The Watchung Mountains and 
the Great Swamp, which stand between New York and Morristown 
acted as natural defensive works. As a result, Morristown could 
not be taken by a surprise attack. The various roads passing 
through Morristown allowed the army to move in any direction to 
counter the movements of the British. Because of its roads and 
safe location, Morristown served as a military supply depot for 
much of the war.
    The park was established in 1933, and was the first 
national historical park in the National Park System. The park 
includes the Ford Mansion, where Washington made his 
headquarters. Boundary changes have been enacted six times 
since the park was established. According to the park's 2003 
general management plan, residential development is 
intensifying around the park boundary, and increasing the 
acreage ceiling would allow the park to respond quickly to 
opportunities for land acquisition from willing sellers.
    The general management plan calls for a range of 
conservation tools including easements and outright purchase, 
with an emphasis on protecting resources from the encampment 
period and preserving the historic character and solitude of 
the park.

                            Committee Action

    H.R. 118 was introduced by Representative Rodney P. 
Frelinghuysen (R-NJ) on January 6, 2009. 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 an October 1, 2009, hearing before the Subcommittee, 
a representative of the Department of the Interior testified in 
support of the bill.
    On October 28, 2009, the Subcommittee was discharged from 
further consideration of H.R. 118 and the full Natural 
Resources Committee met to consider the bill. Representative 
Rob Bishop (R-UT) offered an amendment in the nature of a 
substitute to add language ensuring that additions to the park 
must be acquired from willing sellers only. The amendment was 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

            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 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 authorize the addition of 100 
acres to Morristown National Historical Park.
    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. 118--A bill to authorize the addition of 100 acres to Morristown 
        National Historical Park

    H.R. 118 would authorize the National Park Service (NPS) to 
acquire an additional 100 acres of land for the Morristown 
National Historical Park (MNHP). CBO estimates that 
implementing the legislation would cost about $10 million over 
the 2010-2014 period, assuming appropriation of the necessary 
amounts. Enacting the bill would not affect direct spending or 
revenues.
    The 1,700-acre Morristown National Historical Park consists 
of four noncontiguous units in heavily populated northern New 
Jersey. Under H.R. 118, the NPS would acquire up to 100 acres 
for the MNHP as properties located near one of the park units 
become available for donation or sale from willing landowners. 
Acquired properties would remain in their natural state and 
would be used to buffer the park from local development.
    Based on recent sale prices of land near the MNHP, CBO 
estimates that acquiring land under H.R. 118 would cost the NPS 
about $10 million over the next five years. For this estimate, 
we assume that 9 acres of land would be donated to the NPS and 
that the remaining 91 acres would be purchased. Total 
acquisition costs could be lower if more acreage can be 
acquired by donation or, alternatively, protected by purchasing 
conservation easements.
    Based on information provided by the NPS, CBO estimates 
that additional costs to revise signs, maps, and other 
materials would be less than $100,000. We estimate that annual 
costs to administer newly acquired properties would be minimal.
    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.
    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. 118 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 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 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, existing law in which no change is 
proposed is shown in roman):

                       ACT OF SEPTEMBER 18, 1964


                          (Public Law 88-601)

   An Act to authorize the addition of lands to Morristown National 
  Historical Park in the State of New Jersey, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, in 
order to preserve for the benefit and inspiration of the public 
certain lands historically associated with the winter 
encampment of General George Washington's Continental Army at 
Jockey Hollow in 1779 and 1780, and to facilitate the 
administration and interpretation of the Morristown National 
Historical Park, the Secretary of the Interior is authorized to 
procure, from a willing owner only, by purchase, donation, 
purchase with appropriated funds, or otherwise, not to exceed 
[615] 715 acres of land and interests therein which [615] 715 
acres shall include Stark's Brigade campsite and other lands 
necessary for the proper administration and interpretation of 
the Morristown National Historical Park: Provided, That title 
to the property known as the Cross estate my not be accepted 
until the property is vacant.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    Twice during the Revolutionary War George Washington 
decided on Morristown, New Jersey as the place to station the 
Continental Army for the winter lull in fighting. There were 
both military and civilian reasons to choose this area. With 
the redcoats in firm control of New York City and the Atlantic, 
it was essential that an inland route connecting rebel held New 
England with South be kept open and Morristown was positioned 
just right to keep this link from being severed. Morristown was 
also the right place because George Washington had won over the 
local population to support the American cause. He won their 
support by insisting that his troops respect the property of 
the people--even the property of Tory sympathizers.
    Not only did Washington give strict orders that forbade the 
Patriot forces from looting--in sharp contrast to the practice 
of the British and Hessian forces--but he also gave the New 
Jersey Militia as its major assignment, the mission of 
protecting the property of New Jersey farmers from the foraging 
parties of King George's Army. One of the leaders of the New 
Jersey Militia who carried out the task of protecting property 
from seizure was a young colonel named Frederick Frelinghuysen, 
an ancestor of the bill's sponsor.
    Therefore it is fitting that that the bill contains a 
``willing seller'' provision to require the government today to 
respect the property rights of the people just as the cold, 
hungry and ill-equipped American soldiers did in and around 
Morristown 233 years ago.

                                   Doc Hastings.
                                   Rob Bishop.