49–010 

Calendar No. 642 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–302 

SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK 

BOUNDARY EXPANSION ACT 

DECEMBER 10, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 885] 

The Committee on Energy and Natural Resources, to which was 

referred an Act (H.R. 885) to expand the boundary of the San Antonio Missions National Historical Park, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the Act do pass. 

PURPOSE

The purpose of H.R. 885 is to expand the boundary of the San 

Antonio Missions National Historical Park. 

BACKGROUND AND NEED

San Antonio Missions National Historical Park was established 

in 1978 to preserve, restore, and interpret four Spanish Missions 

in San Antonio, Texas. The missions were established by Spain 

starting in the early 18th century in an effort to counter French 

territorial encroachments from Louisiana. 

The park preserves a significant link to Mexico and Spain that 

has influenced the culture and history of the United States. San 

Antonio is now the seventh-largest and fourth-fastest growing city 

in the United States. The city almost entirely surrounds the park 

with urban development, threatening areas that contain significant 

Spanish colonial resources historically associated with the park. 

H.R. 885 expands the park boundary to include an additional 137- 

acres. The inclusion of these additional lands will help the National 

Park Service achieve the park’s purpose of protecting and preVerDate Sep 11 2014 00:16 Dec 24, 2014 Jkt 049010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR302.XXX SR302

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serving important cultural and historic resources associated with 

the Spanish Colonial era. 

LEGISLATIVE HISTORY

H.R. 885 was introduced by Representative Doggett on February 

28, 2013. The House Committee on Natural Resources ordered H.R. 

885 reported on May 17, 2013 (H. Rept. 113–70), and the House of 

Representatives passed H.R. 885 by a voice vote on June 3, 2013. 

In the Senate, the Subcommittee on National Parks held a hearing on H.R. 885 on July 31, 2013 (S. Hrg. 113–93). At its business 

meeting on November 13, 2014, the Committee ordered H.R. 885 

favorably reported. 

In the 112th Congress, the Committee considered a similar bill, 

S. 114, sponsored by Senator Hutchison. The Subcommittee on National Parks held a hearing on S. 114 on May 11, 2011 (S. Hrg. 

112–124). At its business meeting on November 10, 2011, the Committee on Energy and Natural Resources ordered S. 114 favorably 

reported (S. Rept. 112–103). This bill was passed by the Senate by 

unanimous consent but received no further action in the House. 

In the 111th Congress, the Committee considered a similar bill, 

S. 3524, sponsored by Senator Hutchison at a Subcommittee on National Parks hearing on September 29, 2010. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on November 13, 2014, by a voice vote of a 

quorum present, recommends that the Senate pass H.R. 885. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘San Antonio Missions National Historical Park Boundary Expansion Act of 2013.’’ 

Section 2 amends section 201(a) of Public Law 95–629, which establishes the San Antonio Missions National Historical Park, to 

modify the park boundary. Paragraphs (1), (2), and (3) designate 

the three existing sentences of section 201(a) as paragraphs (1), (2), 

and (5) of section 201(a). 

Paragraph (4) adds two new paragraphs to section 201(a) and 

designates them as paragraphs (3) and (4). The new paragraph (3) 

modifies the authorized boundary of the San Antonio Missions National Historical Park to include approximately 137 additional 

acres. The new paragraph (4) requires the Secretary of the Interior 

to acquire the additional acreage only by donation or exchange and 

prohibits any payment in the case of exchange. In addition, the 

new paragraph (4) requires the owner’s written consent for inclusion of any private or non-federal public property within the boundary, and it prohibits creating buffer zones outside of the Park’s 

boundaries. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested but was not received at the time the 

report was filed. When the Congressional Budget Office completes 

its cost estimate, it will be posted on the Internet at www.cbo.gov. 


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REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

H.R. 885. 

The Act is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of H.R. 885, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 885, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service at the July 

31, 2013, Subcommittee on National Parks hearing on H.R. 885 follows: 

STATEMENT OF STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS AND SCIENCE, 

NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR

Mr. Chairman and members of the Subcommittee, thank 

you for the opportunity to provide the views of the Department on H.R. 885, to expand the boundary of San Antonio 

Missions National Historical Park (Park), and for other 

purposes. 

The Department supports H.R. 885 with amendments 

described later in this statement. 

H.R. 885 would expand the boundary of the Park by approximately 137 acres, all of which are currently being 

managed by the National Park Service (NPS). Of the 137 

acres, 102 acres are either owned by the United States and 

managed by the NPS or are being managed by the NPS 

under a cooperative agreement and are in the process of 

being donated to the Park. Nineteen acres are currently, 

and will continue to be, managed through a cooperative 

agreement with the landowners, the city of San Antonio 

and Bexar County that protects the cultural landscape, ensures public access, and provides for greater interpretation 

of the historical and architectural values of the Park. The 

additional 16 acres will continue to be managed by Bexar 

County. 

The Park’s authorizing legislation allows for the acquisition of new lands outside the Park boundary and allows 

the Park to enter into cooperative agreements to preserve 

historic properties and provide for visitor access and interpretation. However, the Park has only limited authority to 


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revise the Park boundary to include additional lands, 

which is why this legislation is necessary. Because the 

park currently manages 121 acres of the lands that would 

be included in the new boundary and Bexar County will 

continue to manage the additional 16 acres, H.R. 885 will 

not result in increased operational costs. 

The Park preserves a significant link to Mexico and 

Spain that has influenced the culture and history of the 

United States since before its inception. San Antonio, 

Texas, is now the seventh-largest, third-fastest growing 

city in the United States. The city grew 68 percent between 1980 and 2007 and now almost entirely surrounds 

the Park with urban development, threatening areas that 

contain significant Spanish colonial resources historically 

associated with the Park. Based on the Park’s General 

Management Plan and Land Protection Plan, which found 

that numerous areas containing significant Spanish colonial resources historically associated with the Park were 

outside the boundary, the Park acquired the additional 

lands that now need to be included in the boundary. 

This legislation enjoys the support of officials from 

Bexar County, Wilson County, the City of San Antonio, the 

City of Floresville, the San Antonio River Authority, the 

San Antonio Conservation Society, Los Compadres, and 

others. It would help guarantee the preservation, protection, restoration, and interpretation of the missions for 

current and future generations. 

The Department recommends that the bill be amended 

to address the bill’s park boundary, land acquisition, and 

buffer zone provisions: As passed by the House, H.R. 885 

prohibits acquisition by condemnation of any land or interests in land within the boundaries of the park. The NPS 

has consistently opposed changing a park’s existing land 

acquisition authority when boundary adjustments are 

made. While condemnation is rarely used, it can be a critical tool during a friendly condemnation, where the value 

of the land is in dispute, or when title to the property is 

in doubt or cannot be cleared. If the intent of this legislation is to prohibit the acquisition by condemnation of the 

new 137 acres that would be included in the park boundary, we recommend amending the bill to eliminate the general prohibition on condemnation, and to provide specifically that acquisition of the 137 acres brought within the 

boundary by this legislation may not be accomplished 

through condemnation. 

The bill makes the establishment of the expanded 

boundary subject to the written consent of the owners of 

properties that would be included within the new boundary. This places landowners, rather than Congress or the 

Administration, in the position of determining the boundary of a federal park, which we believe is inappropriate. 

This provision has the potential to create legal and practical confusion over the boundary since it is possible that 

a landowner could give consent, then change his or her 

mind and withdraw consent or convey the property to anVerDate Sep 11 2014 00:16 Dec 24, 2014 Jkt 049010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR302.XXX SR302

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other owner who withdraws consent. If the intent of this 

language is to ensure that only willing sellers convey lands 

to the NPS, we recommend amending the language to include such a provision, instead of investing members of the 

public with the ability to determine park boundaries. 

The bill also includes language that says that an activity 

outside the boundary shall not be precluded because it can 

be heard or seen inside the park boundary. The Department has concerns about this language. It is misleading, 

as it suggests that the NPS may have authority to preclude activities outside the boundaries, which it does not. 

Of even greater concern, however, is that the language 

could discourage park managers from addressing threats 

to park resources from external sources. Even though the 

NPS does not control what happens outside of its boundaries, park managers have a responsibility under the NPS 

Organic Act and other laws to work with owners of properties outside of park boundaries to resolve problems that 

could negatively impact the resources the NPS is responsible for protecting. Therefore, we recommend removing 

paragraph (4) on page 3 of the bill by striking lines 1 

through 15. 

Mr. Chairman, thank you for the opportunity to present 

the views of the Administration. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill H.R. 

885, as ordered 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): 

PUBLIC LAW 95–629 

An Act To amend the Pennsylvania Avenue Development Corporation Act of 1972; 

to provide for the establishment of the San Antonio Missions National Historical 

Park; and for other purposes. 

* * * * * * * 

TITLE II 

SEC. 201. (a) øIn order¿ (1) In order to provide for the preservation, restoration, and interpretation of the Spanish Missions of San 

Antonio, Texas, for the benefit and enjoyment of present and future 

generations of Americans, there is hereby established the San Antonio Missions National Historical Park (hereafter in this section 

referred to as the ‘‘park’’) consisting of Concepcion, San Jose, San 

Juan, and Espada Missions, together with areas and features historically associated therewith, as generally depicted on the drawing 

entitled ‘‘Boundary Map, San Antonio Missions National Historical 

Park’’, numbered 930–80,022–C and dated May 1978, which shall 

be on file and available for public inspection in the offices of the 

National Park Service, Department of the Interior, and in the offices of the Superintendent of the park. øThe park shall also¿ 


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(2) The park shall also consist of the lands and interests therein 

within the area bounded by the line depicted as ‘‘Proposed Boundary Extension’’ on the maps entitled ‘‘San Antonio Missions National Historical Park’’, numbered 472–80,075, 472–80,076, 472– 

80,077, 472–80,078, 472–80,079, 472–80,080, and 472–80,081 and 

dated June 7, 1990, which shall be on file and available for public 

inspection in the same manner as is such drawing. øAfter advising 

the¿ 

(3) The boundary of the park is further modified to include approximately 137 acres, as depicted on the map titled ‘‘San Antonio 

Missions National Historical Park Proposed Boundary Addition’’, 

numbered 472/113,006A, and dated June 2012. The map shall be 

on file and available for inspection in the appropriate offices of the 

National Park Service, U.S. Department of the Interior. 

(4) The Secretary may not acquire by condemnation any land or 

interest inland within the boundaries of the park. The Secretary is 

authorized to acquire land and interests in land that are within the 

boundaries of the park pursuant to paragraph (3) by donation or exchange only (and in the case of an exchange, no payment may be 

made by the Secretary to any landowner). No private property or 

non-Federal public property shall be included within the boundaries 

of the park without the written consent of the owner of such property. Nothing in this Act, the establishment of the park, or the management plan of the park shall be construed to create buffer zones 

outside of the park. That an activity or use can be seen or heard 

from within the park shall not preclude the conduct of that activity 

or use outside the park. 

(5) After advising the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural 

Resources of the United States House of Representatives, in writing, the Secretary of the Interior (hereinafter referred to as the 

‘‘Secretary’’) may make minor revisions of the boundaries of the 

park when necessary by publication of a revised drawing or other 

boundary description in the Federal Register. 

* * * * * * * 

Æ 


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