```

[House Report 108-652]
[From the U.S. Government Publishing Office]

108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-652

======================================================================

 
             GREY TOWERS NATIONAL HISTORIC SITE ACT OF 2004

                                _______
                                

 September 7, 2004.--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. 4494]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4494) to designate the Grey Towers National Historic Site 
in the Commonwealth of Pennsylvania, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Grey Towers National Historic Site Act 
of 2004''.

SEC. 2. FINDINGS; PURPOSES; DEFINITIONS.

  (a) Findings.--Congress finds the following:
          (1) James and Mary Pinchot constructed a home and estate that 
        is known as Grey Towers in Milford, Pennsylvania.
          (2) James and Mary Pinchot were also the progenitors of a 
        family of notable accomplishment in the history of the 
        Commonwealth of Pennsylvania and the Nation, in particular, 
        their son, Gifford Pinchot.
          (3) Gifford Pinchot was the first Chief of the Forest 
        Service, a major influence in formulating and implementing 
        forest conservation policies in the early 20th Century, and 
        twice Governor of Pennsylvania.
          (4) During the early 20th century, James and Gifford Pinchot 
        used Grey Towers and the environs to establish scientific 
        forestry, to develop conservation leaders, and to formulate 
        conservation principles, thus making this site one of the 
        primary birthplaces of the American conservation movement.
          (5) In 1963, Gifford Bryce Pinchot, the son of Gifford and 
        Cornelia Pinchot, donated Grey Towers and 102 acres to the 
        Nation.
          (6) In 1963, President John F. Kennedy dedicated the Pinchot 
        Institute for Conservation ``for the greater knowledge of land 
        and its uses'' at Grey Towers National Historic Landmark, 
        thereby establishing a partnership between the public and 
        private sectors.
          (7) Grey Towers today is a place of historical significance 
        where leaders in natural resource conservation meet, study, and 
        share ideas, analyses, values, and philosophies, and is also a 
        place where the public can learn and appreciate our 
        conservation heritage.
          (8) As established by President Kennedy, the Pinchot 
        Institute for Conservation, and the Forest Service at Grey 
        Towers operate through an established partnership in developing 
        and delivering programs that carry on Gifford Pinchot's 
        conservation legacy.
          (9) Grey Towers and associated structures in and around 
        Milford, Pennsylvania, can serve to enhance regional 
        recreational and educational opportunities.
  (b) Purposes.--The purposes of this Act are as follows:
          (1) To honor and perpetuate the memory of Gifford Pinchot.
          (2) To promote the recreational and educational resources of 
        Milford, Pennsylvania, and its environs.
          (3) To authorize the Secretary of Agriculture--
                  (A) to further the scientific, policy analysis, 
                educational, and cultural programs in natural resource 
                conservation at Grey Towers;
                  (B) to manage the property and environs more 
                efficiently and effectively; and
                  (C) to further collaborative ties with the Pinchot 
                Institute for Conservation, and other Federal, State, 
                and local agencies with shared interests.
  (c) Definitions.--For the purposes of this Act:
          (1) Associated properties.--The term ``Associated 
        Properties'' means lands and improvements outside of the Grey 
        Towers National Historic Landmark within Pike County, 
        Pennsylvania, and which were associated with James and Mary 
        Pinchot, the Yale School of Forestry, or the Forest Service.
          (2) Grey towers.--The term ``Grey Towers'' means the 
        buildings and surrounding area of approximately 303 acres, 
        including the 102 acres donated in 1963 to the United States 
        and so designated that year.
          (3) Historic site.--The term ``Historic Site'' means the Grey 
        Towers National Historic Site, as so designated by this Act.
          (4) Pinchot institute.--The term ``Pinchot Institute'' means 
        the Pinchot Institute for Conservation, a nonprofit corporation 
        established under the laws of the District of Columbia.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 3. DESIGNATION OF NATIONAL HISTORIC SITE.

  Subject to valid existing rights, all lands and improvements formerly 
encompassed within the Grey Towers National Historic Landmark are 
designated as the ``Grey Towers National Historic Site''.

SEC. 4. ADMINISTRATION.

  (a) Purposes.--The Historic Site shall be administered for the 
following purposes:
          (1) Education, public demonstration projects, and research 
        related to natural resource conservation, protection, 
        management, and use.
          (2) Leadership development within the natural resource 
        professions and the Federal civil service.
          (3) Continuing Gifford Pinchot's legacy through pursuit of 
        new ideas, strategies, and solutions to natural resource issues 
        that include economic, ecological, and social values.
          (4) Preservation, use, and maintenance of the buildings, 
        grounds, facilities, and archives associated with Gifford 
        Pinchot.
          (5) Study and interpretation of the life and works of Gifford 
        Pinchot.
          (6) Public recreation and enjoyment.
          (7) Protection and enjoyment of the scenic and natural 
        environs.
  (b) Applicable Laws.--The Secretary shall administer federally owned 
lands and interests in lands at the Historic Site and Associated 
Properties as components of the National Forest System in accordance 
with this Act, 16 U.S.C. 461 et seq. and other laws generally 
applicable to the administration of national historic sites, and the 
laws, rules, and regulations applicable to the National Forest System, 
except that the Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1600, et seq.) shall not apply.
  (c) Land Acquisition.--The Secretary is authorized to acquire, on a 
willing seller basis, by purchase, donation, exchange, or otherwise, 
privately owned lands and interests in lands, including improvements, 
within the Historic Site and the Associated Properties, using donated 
or appropriated funds.
  (d) Gifts.--
          (1) Accepted by entities other than the secretary.--Subject 
        to such terms and conditions as the Secretary may prescribe, 
        any public or private agency, organization, institution, or 
        individual may solicit, accept, and administer private gifts of 
        money and real or personal property for the benefit of, or in 
        connection with, the activities and services at the Historic 
        Site.
          (2) Accepted by the secretary.--Gifts may be accepted by the 
        Secretary for the benefit of, or in connection with, the 
        activities and services at the Historic Site notwithstanding 
        the fact that a donor conducts business with or is regulated by 
        the Department of Agriculture in any capacity.

SEC. 5. COOPERATIVE AUTHORITIES.

  (a) Grants, Contracts, and Cooperative Agreements.--The Secretary is 
authorized to enter into agreements for grants, contracts, and 
cooperative agreements as appropriate with the Pinchot Institute, 
public and other private agencies, organizations, institutions, and 
individuals to provide for the development, administration, 
maintenance, or restoration of land, facilities, or Forest Service 
programs at Grey Towers or to otherwise further the purposes of this 
Act.
  (b) Interdepartmental.--The Secretary and the Secretary of the 
Interior are authorized and encouraged to cooperate in promoting public 
use and enjoyment of Grey Towers and the Delaware Water Gap National 
Recreation Area and in otherwise furthering the administration and 
purposes for which both areas were designated. Such cooperation may 
include colocation and use of facilities within Associated Properties 
and elsewhere.
  (c) Other.--The Secretary may authorize use of the grounds and 
facilities of Grey Towers by the Pinchot Institute and other 
participating partners including Federal, State, and local agencies, on 
such terms and conditions as the Secretary may prescribe, including the 
waiver of special use authorizations and the waiver of rental and use 
fees.

SEC. 6. FUNDS.

  (a) Fees and Charges.--The Secretary may impose reasonable fees and 
charges for admission to and use of facilities on Grey Towers.
  (b) Special Fund.--Any monies received by the Forest Service in 
administering Grey Towers shall be deposited into the Treasury of the 
United States and covered in a special fund called the Grey Towers 
National Historic Site Fund. Monies in the Grey Towers National 
Historic Site Fund shall be available until expended, without further 
appropriation, for support of programs of Grey Towers, and any other 
expenses incurred in the administration of Grey Towers.

SEC. 7. MAP.

  The Secretary shall produce and keep for public inspection a map of 
the Historic Site and associated properties within Pike County, 
Pennsylvania, which were associated with James and Mary Pinchot, the 
Yale School of Forestry, or the Forest Service.

SEC. 8. SAVINGS PROVISION.

  Nothing in this Act shall be deemed to diminish the authorities of 
the Secretary under the Cooperative Forestry Assistance Act or any 
other law pertaining to the National Forest System.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4494 is to designate the Grey Towers 
National Historic Site in the Commonwealth of Pennsylvania, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4494 would designate the ancestral home of Gifford 
Pinchot, Grey Towers National Historic Landmark in the 
Commonwealth of Pennsylvania, as the Grey Towers National 
Historic Site. Gifford Pinchot was one of America's first 
foresters and is considered to be the father of conservation 
and sustainable forestry. He was appointed by President Teddy 
Roosevelt to serve as the first Chief of the U.S. Forest 
Service and was twice Governor of Pennsylvania.
    Grey Towers was completed in 1886 as the Pinchot family 
summer home, utilizing local materials and reflecting the 
French heritage of the family. In 1963, Gifford Bryce Pinchot, 
son of Gifford, donated Grey Towers and 102 acres to the U.S. 
Forest Service, which now administers the site.
    H.R. 4494 would direct the management of the newly 
designated Grey Towers National Historic Site for the purpose 
of education, research and leadership development for natural 
resources, thus continuing Gifford Pinchot's legacy of 
innovative ideas, and strategic solutions to natural resource 
issues. The bill also provides for the Secretaries of 
Agriculture and Interior to enter into cooperative agreements 
with the Pinchot Institute and other public and private 
agencies for the purposes of this Act. The Pinchot Institute 
currently aids in operating Grey Towers.

                            COMMITTEE ACTION

    H.R. 4494 was introduced on June 2, 2004, by Congressman 
Don Sherwood (R-PA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On June 17, 2004, the Subcommittee 
held a hearing on the bill. On June 17, 2004, the Full 
Resources Committee met to consider the bill. The Subcommittee 
was discharged from further consideration of the bill by 
unanimous consent. Congressman Greg Walden (R-OR) offered an 
amendment in the nature of a substitute making technical and 
substantive corrections. The amendment was adopted by unanimous 
consent and the bill as amended was then 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 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 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 would increase revenues and direct spending by about 
$75,000 in fiscal year 2005; this would increase to $200,000 a 
year starting in 2008.
    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 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. 4494--Grey Towers National Historic Site Act of 2004

    CBO estimates that implementing H.R. 4494 would not 
significantly affect the federal budget. Starting in 2008, the 
bill would increase both revenues and direct spending by about 
$200,000 in any year. H.R. 4494 contains no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no significant costs on State, 
local, or tribal governments.
    H.R. 4494 would designate the Grey Towers National Historic 
Site on federal land in Pennsylvania. Under current law, the 
Forest Service manages that land as a national historic 
landmark in cooperation with a private nonprofit organization. 
According to the agency, redesignating the area as a historic 
site would not significantly alter its activities on the 
property or the federal costs to manage it. CBO estimates that 
additional administrative costs for the Forest Service would be 
minimal. Spending for such costs would be subject to 
appropriation.
    H.R. 4494 would provide new authority for the Secretary of 
Agriculture to charge fees to individuals who visit the 
proposed historic site. Based on information from the Forest 
Service, CBO estimates that increased offsetting receipts from 
such fees would not exceed $74,000 in any year. H.R. 4494 would 
authorize the Secretary to spend those receipts, without 
further appropriation, to support programs of the proposed 
historic site. Hence, CBO estimates that any increase in 
offsetting receipts would be largely offset by a corresponding 
increase in direct spending in the year they were collected.
    Finally, H.R. 4494 would provide permanent authority for 
the Secretary to accept and use cash donations for the benefit 
of the proposed historic site. Any amounts received would be 
recorded in the budget as governmental receipts. Under current 
law, the Secretary already has authority to accept and use such 
donations through fiscal year 2007. Based on information from 
the Forest Service about the current level of such donations, 
CBO estimates that H.R. 4494 would increase both revenues and 
direct spending by about $200,000 a year starting in 2008.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Robert A. Sunshine, 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.

                                  

```