69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–797 

TO AUTHORIZE THE EXPANSION OF THE FORT DAVIS NATIONAL HISTORIC SITE IN FORT DAVIS, TEXAS, AND 

FOR OTHER PURPOSES 

JULY 29, 2008.—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 

[To accompany H.R. 6176] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 6176) to authorize the expansion of the Fort Davis National Historic Site in Fort Davis, Texas, and for other purposes, 

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. 6176 is to authorize the expansion of the 

Fort Davis National Historic Site in Fort Davis, Texas, and for 

other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 6176 would increase the acreage ceiling for the Fort Davis 

National Historic Site in west Texas, and authorize the National 

Park Service to acquire, from willing sellers, approximately 55 

acres adjacent to the historic site. 

Fort Davis National Historic Site, authorized in 1961 (P.L. 87– 

213) is regarded as one of the best preserved forts in the American 

Southwest. Named for then-Secretary of War Jefferson Davis, the 

fort was strategically located to protect emigrants, mail coaches, 

and freight wagons traveling through the southwest from 1854 to 

1891. 

Fort Davis is also important to understanding the impact of African Americans in the West and in the frontier military, as the 24th 

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and 25th U.S. Infantry and the 9th and 10th U.S. Cavalry (the allblack ‘‘Buffalo Soldier’’ regiments established after the Civil War) 

were stationed at this post. 

The bill would expand the boundary of the historic site to encompass some already-completed acquisitions and permit the acquisition of several parcels that total approximately 55 acres on the 

southwestern boundary of the fort on a prominent bluff. Purchase 

of the land will protect the rural backdrop behind the officers’ quarters and other portions of the fort so that visitors will be able to 

see the land that surrounds the fort as it appeared in the mid- to 

late-1800s. 

This acquisition will also benefit the adjacent Davis Mountains 

State Park. The land proposed to be added to Fort Davis National 

Historic Site by H.R. 6176 is land that is visible from Davis Mountains State Park’s Skyline Drive, one of that park’s significant attractions. For that reason, the Texas Parks and Wildlife Department strongly supports the passage of this bill. 

COMMITTEE ACTION

H.R. 6176 was introduced on June 4, 2008, by Representative 

Ciro Rodriguez (D–TX). 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 a hearing before 

the Subcommittee on National Parks, Forests and Public Lands on 

July 15, 2008, a representative of the National Park Service testified that the administration supports the bill. 

On July 16, 2008, the Full Natural Resources Committee met to 

consider H.R. 6176. The Subcommittee on National Parks, Forest 

and Public Lands was discharged from further consideration of the 

bill. H.R. 6176 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 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants 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 

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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 expansion of the Fort Davis National 

Historic Site in Fort Davis, Texas, and for other purposes. 

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. 6176—A bill to authorize the expansion of the Fort Davis National Historic Site in Fort Davis, Texas 

H.R. 6176 would expand the boundary of the Fort Davis National 

Historic Site in Texas. The bill would authorize the National Park 

Service (NPS) to acquire about 55 acres within the expanded 

boundary. 

Based on information provided by the NPS and assuming the 

availability of appropriations, CBO estimates that implementing 

the bill would cost about $1 million over the next two years. That 

amount would be used to purchase about three parcels of land totaling 55 acres near the park. We estimate that additional costs to 

develop and operate the new acreage would be minimal. Enacting 

H.R. 6176 would not affect revenues or direct spending. 

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. 6176 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) 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

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): 

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ACT OF SEPTEMBER 8, 1961 

(Public Law 87–213) 

AN ACT Authorizing the establishment of a national histortc site at Fort Davis, Jeff 

Davis County, Texas. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That øthe Secretary of the Interior¿ (a) The Secretary of the Interior shall acquire, on behalf of the United States, by gift, purchase, condemnation, or otherwise, all right, title, and interest in and to such lands, 

not to exceed ø476 acres¿ 646 acres in all, together with any improvements thereon, as the Secretary may deem necessary for the 

purpose of establishing a national historic site at the site of Fort 

Davis, near the town of Fort Davis, Jeff Davis County, Texas. 

(b) The Secretary may acquire from willing sellers land comprising approximately 55 acres, as depicted on the map titled ‘‘Fort 

Davis Proposed Boundary Expansion’’, numbered 418/80,045, and 

dated April 2008. The map shall be on file and available for public 

inspection in the appropriate offices of the National Park Service. 

Upon acquisition of the land, the land shall be incorporated into the 

Fort Davis National Historic Site. 

* * * * * * * 

øSEC. 3. There are hereby authorized to be appropriated such 

sums, but not more than $115,000 for land acquisition, as are necessary to carry out the provisions of this Act.¿ 

Æ 

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