Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      116-272




November 8, 2019.--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 

                              R E P O R T

                        [To accompany H.R. 182]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 182) to extend the authorization for the Cape 
Cod National Seashore Advisory Commission, 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. 182 is to extend the authorization for 
the Cape Cod National Seashore Advisory Commission.

                  Background and Need for Legislation

    The Cape Cod National Seashore Advisory Commission 
(Commission) was originally authorized in 1961 and is comprised 
of representatives of the six towns within the Seashore 
boundary, plus Barnstable County, the Commonwealth of 
Massachusetts, and the Secretary of the Interior. The 
Commission was established to consult with the Secretary of the 
Interior, or their designee, on matters relating to the 
development of the Seashore and specific sections of the Act 
establishing the Seashore.
    The most recent statutory term of the Commission has 
expired. Since the National Seashore was created, the 
Commission has provided invaluable guidance to the National 
Park Service and given local officials and community members a 
voice in the management of the Seashore.

                            Committee Action

    H.R. 182 was introduced on January 3, 2019, by 
Representative William R. Keating (D-MA). 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 May 22, 2019, the Subcommittee held a hearing 
on the bill. On September 18, 2019, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. No amendments were offered, 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.


    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. 182: legislative hearing by the Subcommittee on 
National Parks, Forests, and Public Lands held on May 22, 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, September 27, 2019.
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. 182, a bill to 
extend the authorization for the Cape Cod National Seashore 
Advisory Commission.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
                                         Phillip L. Swagel,


    H.R. 182 would authorize the Cape Cod National Seashore 
Advisory Commission until September 26, 2028. The commission's 
authority to operate expired on September 26, 2018. Based on 
the historical cost of operating the commission, CBO estimates 
that it would cost the National Park Service less than $500,000 
to maintain the commission through fiscal year 2028. Any 
spending would be subject to the availability of appropriated 
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for 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 is to extend the authorization for the 
Cape Cod National Seashore Advisory Commission.

                           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.

                Federal Advisory Committee Act Statement

    The bill would reestablish the Cape Cod National Seashore 
Advisory Commission to carry out its previous functions. In 
reporting the bill favorably to the House of Representatives, 
the Committee on Natural Resources finds that these functions 
would be better performed by the Cape Cod National Seashore 
Advisory Commission than by one or more agencies or another 
existing advisory committee.

                           Existing Programs

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

                  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 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, and existing law in which no 
change is proposed is shown in roman):

                           PUBLIC LAW 87-126

           *       *       *       *       *       *       *
  Sec. 8. (a) There is established a Cape Cod National Seashore 
Advisory Commission (hereinafter referred to as the 
``Commission''). The Commission shall terminate September 26, 
[2018] 2028.
  (b)(1) Six members to be appointed from recommendations made 
by each of the boards of selectmen of the towns referred to in 
section 459b of this Act, one member from the recommendations 
made by each such board;
  (2) One member to be appointed from recommendations of the 
county commissioners of Barnstable County, Commonwealth of 
  (3) Two members to be appointed from recommendations of the 
Governor of the Commonwealth of Massachusetts; and
  (4) One member to be designated by the Secretary.
  (c) The Secretary shall designate one member to be Chairman. 
Any vacancy in the Commission shall be filled in the same 
manner in which the original appointment was made.
  (d) A member of the Commission shall serve without 
compensation as such. The Secretary is authorized to pay the 
expenses reasonably incurred by the Commission in carrying out 
its responsibilities under sections 1 to 7 of this Act upon 
vouchers signed by the Chairman.
  (e) The Commission established by this section shall act and 
advise by affirmative vote of a majority of the members 
  (f) The Secretary or his designee shall, from time to time, 
consult with the members of the Commission with respect to 
matters relating to the development of Cape Cod National 
Seashore and shall consult with the members with respect to 
carrying out the provisions of sections 3 and 4 of this Act.
  (g) No permit for the commercial or industrial use of 
property located within the seashore shall be issued by the 
Secretary, nor shall any public use area for recreational 
activity be established by the Secretary within the seashore, 
without the advice of the Commission, if such advice is 
submitted within a reasonable time after it is sought.
  (h)(1) Any member of the Advisory Commission appointed under 
sections 1 to 7 of this Act shall be exempted, with respect to 
such appointment, from the operation of sections 281, 283, 284, 
and 1914 of title 18 and section 190 of the Revised Statutes (5 
U.S.C. 99) 1 except as otherwise specified in paragraph (2) of 
this subsection.
  (2) The exemption granted by paragraph (1) of this subsection 
shall not extend-
          (i) to the receipt or payment of salary in connection 
        with the appointee's Government service from any 
        sources other than the private employer of the 
        appointee at the time of his appointment; or
          (ii) during the period of such appointment, and the 
        further period of two years after the termination 
        thereof, to the prosecution or participation in the 
        prosecution, by any person so appointed, of any claim 
        against the Government involving any matter concerning 
        which the appointee had any responsibility arising out 
        of his appointment during the period of such 

           *       *       *       *       *       *       *

        Supplemental, Minority, Additional, or Dissenting Views