```

[Senate Report 110-386]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 818
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-386
======================================================================
 
   HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2197]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 2197) to modify the boundary of the 
Hopewell Culture National Historical Park in the State of Ohio, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the Act 
to pass.

                                Purpose

    The purpose of H.R. 2197 is to modify the boundary of the 
Hopewell Culture National Historical Park in the State of Ohio, 
to add approximately 304 acres to the park.

                          Background and Need

    The Hopewell Culture was a pre-European civilization now 
best known for the numerous mounds and earthworks, often built 
in geometric patterns, found throughout the Ohio Valley. The 
Mound City Group National Monument, located in south-central 
Ohio near Chillicothe, Ohio, was created in 1923 by 
presidential proclamation. Congress expanded the monument in 
1980 (Public Law 96-607), adding a portion of the nearby 
Hopeton Earthworks, and in 1992 redesignated the monument as 
the Hopewell Culture National Historical Park (Public Law 102-
294). H.R. 2197 would add two tracts, the approximately 180-
acre Spruce Hill Works unit and a 174-acre addition to the 
existing Seip Earthworks unit, to the existing park boundary.
    The Spruce Hill site was recently purchased by a coalition 
of archaeologists and Native American groups. This site was 
added to the National Register of Historic Places on February 
23, 1972.
    Of the 174 acres to be added to the Seip Earthworks unit, 
69 acres are already owned by the National Park Service but lie 
outside the Congressionally established boundary of the park. 
The bill would adjust the boundary and include 39 acres owned 
by the Ohio Historical Society as well as 50 acres that may be 
acquired from willing sellers.

                          Legislative History

    H.R. 2197, sponsored by Representative Space, passed the 
House of Representatives by a voice vote on October 22, 2007. A 
companion measure, S. 1993, was introduced by Senator Brown on 
August 3, 2007. The Subcommittee on National Parks held a 
hearing on both bills on April 9, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered H.R. 2197 favorably 
reported, without amendment.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 2197.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Hopewell Culture 
National Historical Park Boundary Adjustment Act''.
    Section 2 amends Public Law 102-294 to include the Spruce 
Hill Works unit and the addition to the existing Seip 
Earthworks unit to the existing park boundary. The Secretary is 
authorized to acquire lands added to the park by this section 
only from willing sellers.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 2197--Hopewell Culture National Historical Park Boundary 
        Adjustment Act

    H.R. 2197 would expand the boundaries of the Hopewell 
Culture National Historical Park in Ohio by nearly 360 acres. 
The National Park Service (NPS) could acquire that acreage (or 
lesser property interests such as easements) by purchase, 
donation, or exchange.
    Based on information provided by the NPS, CBO estimates 
that implementing H.R. 2197 would cost about $1 million over 
the next five years, assuming the availability of appropriated 
funds. We estimate that the NPS would spend about $700,000 of 
this amount in the first year or two to purchase about 250 
acres of private land, including nearly 180 acres at the Spruce 
Hill Works site and about 70 acres at the Seip Earthworks site. 
(We expect that 39 acres of land at the Seip Earthworks site 
would be donated by the Ohio Historical Society; the remaining 
70 acres at that site are already owned by the NPS.) We 
estimate that the NPS would spend $300,000 over the following 
few years to construct visitor facilities for the two sites, 
including trails, parking lots, and wayside exhibits. Finally, 
we estimate that costs to manage the newly added areas would be 
minimal. Enacting H.R. 2197 would have no effect on direct 
spending or revenues.
    H.R. 2197 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.
    On October 18, 2007, CBO transmitted a cost estimate for 
H.R. 2197 as ordered reported by the House Committee on Natural 
Resources on October 10, 2007. The two versions of H.R. 2197 
are the same, as are the CBO cost estimates.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      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. 2197. 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 2197, as ordered reported.

                   Congressionally Directed Spending

    H.R. 2197, as reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined by rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
April 23, 2008, hearing on H.R. 2197 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 1993 and H.R. 2197, bills to authorize the 
Secretary of the Interior to modify the boundary of Hopewell 
Culture National Historical Park (NHP) at the Seip Earthworks 
unit to conform with recognizable property lines and landscape 
features, and to add the Spruce Hill Works unit to the park.
    The Department supports S. 1993 and H.R. 2197 as passed by 
the House. S. 1993 and H.R. 2197 authorize the Secretary of the 
Interior (Secretary) to modify the boundaries of Hopewell 
Culture NHP and acquire lands only from willing sellers.
    Spruce Hill is an interesting and unique monumental 
ceremonial archeological site built approximately 2,000 years 
ago by the Ohio Hopewell culture. The site encloses the top of 
a hill on the edge of the Appalachian Plateau and overlooks 
Paint Creek near the town of Bourneville in Ross County, Ohio. 
Of the forty or more large monumental Hopewell culture 
earthworks, less than a dozen are hilltop enclosures. Spruce 
Hill is one of the larger examples of a hilltop site; its walls 
enclose 140 acres. It is one of three Hopewellian earthwork 
sites in the Eastern Woodlands where stone is used to construct 
its enclosing walls. It also is the only hilltop enclosure in 
the extensive complex of Hopewell earthworks in the Scioto 
valley around modern-day Chillicothe. All of the other sites in 
the vicinity are built on the valley floors. The site also has 
``enigmatic iron pit furnaces,'' which continue to generate 
ardent discussions among archeologists.
    The interest in preserving the Spruce Hill Works dates back 
to the 1970s. In 1972, the site was added to the National 
Register of Historic Places. In 1980, Public Law 96-607 added a 
threatened earthwork site to the park and called on the 
Secretary to study other Ohio Hopewell culture sites and 
recommend sites for inclusion in the park. Spruce Hill was 
considered in this comprehensive study; however, since there 
had been limited modern archeology done at the site, Spruce 
Hill was recommended for further study. As a result, when 
Public Law 102-294 established Hopewell Culture National 
Historical Park by combining the existing Mound City Group 
National Monument with three new units, it directed the 
Secretary to study several other prehistoric Hopewell culture 
sites as potential additions to the park, including Spruce 
Hill.
    Between 1995 and 1998, NPS archeologists were allowed 
access to Spruce Hill by the landowner. They conducted 
investigations and prepared preliminary findings and a summary 
report by 1998. This report found the site significant and 
suitable for addition to the park. The report concluded that 
Spruce Hill is an outstanding example of a particular type of 
Hopewell culture monumental architecture, the hilltop 
enclosure, of which about a dozen are known and only one other, 
Fort Ancient State Memorial, a National Historic Landmark, 
compares to it in size. The site also is associated with early 
developments in American archeology and specifically with 
discussions of the origin and builders of the monumental 
earthworks in the eastern United States. The site has important 
natural resources as well, including vernal pools, breeding 
habitat for grassland birds whose populations are in decline in 
Ohio, and will help preserve the watershed of Paint Creek, a 
stream designated as Outstanding State Waters. The site offers 
outstanding opportunities to yield important scientific 
information on Hopewell hilltop sites, a type of feature that 
has not been well studied and is not represented in the park.
    The estimated land acquisition cost for the Spruce Hill 
site is $450,000 to $600,000. The property was purchased on 
June 12, 2007 by a coalition of local and national conservation 
groups headed by the Arc of Appalachia Preserve and the 
Archaeological Conservancy. These partners are willing sellers. 
One of the partners, the Arc of Appalachia Preserve, is 
interested in holding the property outside of the earthworks 
and managing the site cooperatively with the NPS. This would 
reduce the acquisition cost for the government. Public 
facilities, including parking, hiking trails, and wayside 
exhibits, would be relatively inexpensive, with visitor center 
and museum needs being served by the Seip Earthworks unit. The 
cost to develop these facilities would be approximately 
$250,000. The Ross County Parks Department has expressed an 
interest in cooperating with the development of these 
facilities. However, Federal funding for any new land 
acquisition and development would be subject to the budget 
prioritization process of the National Park Service.
    S. 1993 and H.R. 2197 authorize boundary adjustments at the 
Seip Earthworks unit, allowing for alignment of the boundaries 
with features that are readily recognizable such as streams and 
fence lines. The boundary changes also would help preserve 
additional riparian habitat along Paint Creek, and forestall 
the need to surplus excess lands and provide easements across 
or near the principle resource of the park. Most of the land in 
the proposed boundary modification at the Seip earthwork has 
already been purchased by the Federal government as 
uneconomical remnants or is owned by the Ohio Historical 
Society. These changes would provide more opportunities for 
research into habitation and craft production archeological 
sites and provide the earthwork remains with a greater buffer. 
Also, inclusion of all of the Ohio Historical Society- owned 
land at Seip Mound State Memorial would facilitate joint 
management agreements with the Society. The estimated cost to 
purchase the remaining private properties is $250,000 to 
$300,000. These properties would be purchased from willing 
sellers.
    Passage of S. 1993 and H.R. 2197 would allow the National 
Park Service to preserve these unique earthworks, a distinctive 
form of ceremonialism and monumental architecture that involved 
constructing long earthen walls to enclose very large spaces. 
These earthworks, developed by an American Indian culture in 
the Ohio River valley around 200 B.C. to A.D. 500, form a 
significant example of our nation's heritage.
    That concludes my statement. I would be glad to answer any 
questions that you or other members of the subcommittee might 
have.

                        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. 2197 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):

  AN ACT To rename and expand the boundaries of the Mound City Group 
                       National Monument in Ohio

               Public Law 102-294 (Approved May 27, 1992)

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    Section 1. The Mound City Group National Monument 
established by proclamation of the President and expanded by 
section 701 of Public Law 96-607 (94 Stat. 3540), shall, on and 
after the date of enactment of this Act, be known as the 
``Hopewell Culture National Historical Park''. Any reference to 
the Mound City Group National Monument in any law, regulation, 
map, document, record, or other paper of the United States 
shall be considered to be a reference to the Hopewell Culture 
National Historical Park.
    Sec. 2. (a) In General.--The boundaries of the Hopewell 
Culture National Historical Park (referred to as the ``park'') 
are revised to include the lands within the areas marked for 
inclusion in the monument as generally depicted on--
          (1) the map entitled ``Hopeton Earthworks'' numbered 
        353-80025 and dated July 1987;
          (2) the map entitled ``High Banks Works'' numbered 
        353-80027 and dated July 1987;
          (3) the map entitled ``Hopewell Mound Group'' 
        numbered 353-80029 and dated July 1987; [and]
          (4) the map entitled ``Seip Earthworks'' numbered 
        353-80033 and dated July 1987 [.]
          (5) the map entitled `Hopewell Culture National 
        Historical Park, Ohio Proposed Boundary Adjustment' 
        numbered 353/80,049 and dated June, 2006.
    (b) Public Inspection of Maps.--Each map described in 
subsection (a) shall be on file and available for public 
inspection in the office of the Director of the National Park 
Service, Department of the Interior.
    (c) Adjustment of Boundaries.--The Secretary of the 
Interior (referred to as the ``Secretary'') may, by notice in 
the Federal Register after receipt of public comment, make 
minor adjustments in the boundaries of areas added to the park 
by subsection (a) and other areas of the park: Provided, That 
any such minor boundary adjustments cumulatively shall not 
cause the total acreage of the park to increase more than 10 
per centum above the existing acreage of Mound City Group 
National Monument, plus the acreage of the inclusions 
authorized under section 2(a).
    (d) Acquisition of Lands.--(1) Subject to paragraph (2), 
the Secretary may acquire lands and interests in land within 
the areas added to the park by subsection (a) by donation, 
purchase with donated or appropriated funds, or exchange.
    (2)(A) Lands and interests in land owned by the State of 
Ohio or a political subdivision thereof may be acquired only by 
donation or exchange.
    (3) The Secretary may acquire lands added by subsection 
(a)(5) only from willing sellers.
    (B) Lands and interests in land may be acquired by purchase 
at a price based on the fair market value thereof as determined 
by independent appraisal, consistent with the Uniform 
Relocation Assistance and Real Property Acquisition Policies 
Act of 1970.
    Sec. 3. The Secretary may enter into a cooperative 
agreement with the Ohio Historical Society, the Archeological 
Conservancy, and other public and private entities for 
consultation and assistance in the interpretation and 
management of the park.
    Sec. 4.
    (a) Areas Added By This Act.--The Secretary shall conduct 
archeological studies of the areas added to the park by section 
2(a) and adjacent areas to ensure that the boundaries of those 
areas encompass the lands that are needed to provide adequate 
protection of the significant archeological resources of those 
areas.
    (b) Other Areas.--The Secretary shall conduct archeological 
studies of the areas described as the ``Spruce Hill Works'', 
the ``Harness Group'', and the ``Cedar Bank Works'', and may 
conduct archeological studies of other areas significant to 
Hopewellian culture, to evaluate the desirability of adding 
them to the park, and shall report to Congress on any such 
areas that are recommended for addition to the park.
    Sec. 5. There are authorized to be appropriated such sums 
as are necessary for the acquisition of lands and interests in 
land within the park, the conduct of archeological studies on 
lands within and adjacent to the park, and the development of 
facilities for interpretation of the park.

                                  

```