39–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–111 

ESTABLISHMENT OF NEW HAMPSHIRE MEMORIAL 

ANTIETAM NATIONAL BATTLEFIELD, MARYLAND 

JUNE 8, 2005.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1084] 

(Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 1084) to authorize the establishment at Antietam National 

Battefield of a memorial to the officers and enlisted men of the 

Fifth, Sixth, and Ninth New Hampshire Volunteer Infantry Regiments and the First New Hampshire Light Artillery Battery who 

fought in the Battle of Antietam on September 17, 1862, and for 

other purposes, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 1084 is to authorize the establishment at 

Antietam National Battlefield of a memorial to the officers and enlisted men of the Fifth, Sixth, and Ninth New Hampshire Volunteer Infantry Regiments and the First New Hampshire Light Artillery Battery who fought in the Battle of Antietam on September 

17, 1862, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Regiments from New Hampshire fought heroically in the Battle 

of Antietam and history notes their support of the Maryland 2nd 

as they charged what became know as Burnside’s Bridge. 

H.R. 1084 authorizes the Secretary of the Interior to establish a 

memorial at Antietam National Battlefield to certain New Hampshire Volunteer Infantry Regiments and the New Hampshire Light 

Artillery Battery. The bill directs the Secretary to select persons reVerDate Aug 04 2004 07:08 Jun 11, 2005 Jkt 039006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR111.XXX HR111
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sponsible for the establishment of the memorial and prohibits the 

use of federal funds in the design, acquisition, preparation and installing of the memorial. Additionally, the Secretary must approve 

the size, design and inscriptions placed on the monument. Once the 

memorial is in place, the Secretary will accept responsibility for 

maintenance, but will be permitted to accept donations into a specific account for the New Hampshire memorial. 

COMMITTEE ACTION

H.R. 1084 was introduced on March 3, 2005, by Congressman 

Jeb Bradley (R-NH). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks. On May 12, 2005, the Subcommittee on National 

Parks held a hearing on the bill. On May 18, 2005, the Resources 

Committee met to consider the bill, at which time the Subcommittee was discharged from further consideration of the bill by 

unanimous consent. No amendments were offered and H.R. 1084 

was ordered favorably reported to the House of Representatives by 

unanimous consent. 

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 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, credit authority, or an increase 

or decrease in tax expenditures. According to the Congressional 

Budget Office, enactment of this bill ‘‘could result in a negligible 

increase in revenues from private donations and in the direct 

spending of such amounts to pay for some of the costs of maintenance.’’

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

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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. 1084—A bill to authorize the establishment at Antietam National Battlefield of a memorial to the officers and enlisted men 

of the Fifth, Sixth, and Ninth New Hampshire Volunteer Infantry Regiments and the First New Hampshire Light Artillery 

Battery who fought in the Battle of Antietam on September 17, 

1862 

H.R. 1084 would require the National Park Service (NPS) to 

allow a memorial to be built at the Antietam National Battlefield 

in honor of certain forces that fought in the Battle of Antietam. 

The memorial would be designed and constructed without the use 

of federal funds by an entity selected by the NPS. The agency 

would be responsible for maintenance of the memorial and would 

be authorized to accept and use private contributions for that purpose. 

CBO estimates that enacting H.R. 1084 would have no significant impact on the federal budget. The only financial responsibility 

that the NPS would have for the memorial would be the payment 

of maintenance expenses, which are likely to be negligible. Enacting the bill also could result in a negligible increase in revenues 

from private donations and in the direct spending of such amounts 

to pay for some of the costs of maintenance. 

H.R. 1084 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

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. 

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