29–006 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–639 

CASTILLO DE SAN MARCOS NATIONAL MONUMENT PRESERVATION AND 

EDUCATION ACT; CASTILLO DE SAN MARCOS NATIONAL MONUMENT 

BOUNDARY ADJUSTMENT 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. 2457] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 2457) to authorize funds for an educational center for the 

Castillo de San Marcos National Monument, 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: 

TITLE I—CASTILLO DE SAN MARCOS 

NATIONAL MONUMENT PRESERVATION ACT 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Castillo de San Marcos National Monument Preservation and Education Act’’. 

SEC. 102. VISITOR CENTER. 

(a) AUTHORIZATION.—Subject to the availability of appropriations and the project 

being prioritized in the National Park Services 5-year, line-item construction program, the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) 

may design and construct a Visitor Center for the Castillo de San Marcos National 

Monument (referred to in this section as the ‘‘Monument’’). 

(b) PREFERRED ALTERNATIVE.—The Visitor Center authorized in subsection (a) 

shall be located and constructed in accordance with the Preferred Alternative identified in the Record of Decision for the General Management Plan for the Monument, 

expected to be signed in 2005. 

SEC. 103. COOPERATIVE AGREEMENT. 

The Secretary may enter into cooperative agreements with the City of St. Augustine, Florida, the Colonial St. Augustine Preservation Foundation, other Federal, 

State, and local departments or agencies, academic institutions, and non-profit entiVerDate Aug 04 2004 04:42 Sep 09, 2004 Jkt 029006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR639.XXX HR639
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ties for the planning and design, construction, management, and operation of the 

Visitor Center. 

SEC. 104. BOUNDARY EXPANSION. 

(a) PROPERTY ACQUISITION.—If the Preferred Alternative for the Visitor Center 

authorized by section 102 is located outside the boundary of the Monument, the Secretary is authorized to acquire the site for the Visitor Center, from willing sellers, 

by donation, purchase with donated or appropriated funds, or by exchange. 

(b) ADMINISTRATION OF NEWLY ACQUIRED LAND.—Land added to the Monument 

pursuant to subsection (a) shall be administered by the Secretary in accordance with 

applicable laws and regulations. 

(c) BOUNDARY MODIFICATION.—The boundary of the Monument shall be modified 

to reflect the acquisition of land authorized in subsection (a) after completion of the 

acquisition. 

SEC. 105. PROJECT APPROVAL. 

Prior to initiating any planning, design, or construction on the Visitor Center authorized by section 102, the project must be reviewed and approved by the National 

Park Service consistent with partnership construction guidelines established by that 

agency. 

TITLE II—CASTILLO DE SAN MARCOS NATIONAL MONUMENT BOUNDARY MODIFICATION 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Castillo de San Marcos National Monument Boundary Adjustment Act of 2004’’. 

SEC. 202. FINDINGS. 

Congress finds the following: 

(1) The early defense lines for Fort Marion, Florida, today known as the 

Castillo de San Marcos National Monument, included defenses extending in a 

line due west to the Sebastian River, a distance of about one half mile. 

(2) In the 1830’s, during the Seminole Wars in Florida, these defensive lines 

were maintained, but as Florida became more settled they fell into disrepair 

and/or became obsolete. 

(3) In 1908 the War Department deeded much of the property running west 

to the Sebastian River to the St. Johns County Board of Public Instruction. The 

portion of this property remaining in federal ownership today is occupied by Orange Street, a City of St. Augustine, Florida street. 

(4) For nearly a century, the City of St. Augustine has maintained and managed Orange Street, a modern city street, and associated utilities in the Orange 

Street corridor. 

(5) Any archeological remains that are still present on the property overlaid 

by Orange Street are adequately protected by the City’s archeological ordinances, and by the City having an archeologist on staff. 

(6) Although the city currently operates Orange Street under a right-of-way 

from the National Park Service, from a management perspective it is appropriate for the City of St. Augustine to own Orange Street. 

SEC. 203. BOUNDARY ADJUSTMENT. 

(a) CONVEYANCE OF LAND.—The Secretary of the Interior shall convey, without 

consideration, to the City of St. Augustine, Florida, all right, title, and interest of 

the United States in and to the lands known as Orange Street, a portion of the 

Castillo de San Marcos National Monument (Monument), consisting of approximately 3.1 acres, as shown on the map entitled Castillo de San Marcos National 

Monument Boundary Adjustment and Correction, numbered 343/80060, and dated 

April 2003. Upon completion of the conveyance, the Secretary shall revise the 

boundary of the Monument to exclude the land conveyed. 

(b) BOUNDARY REVISION.—Effective on the date of the enactment of this Act, the 

boundary of the Monument is revised to include an area of approximately 0.45 

acres, as shown on the map identified in subsection (a). The Secretary shall administer the lands included in the boundary as part of the national monument in accordance with applicable laws and regulations. 

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PURPOSE OF THE BILL

The purpose of H.R. 2457 is to authorize funds for an educational 

center for the Castillo de San Marcos National Monument, and for 

other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Located in St. Augustine, Florida, the Castillo de San Marcos 

National Monument is the oldest existing permanent seacoast fortification in the continental United States. The star-shaped fort, 

surrounding moat, and earthworks were constructed between 

1672–1756 to protect Spanish territory in Florida and the shipping 

routes along the Florida coast. Castillo de San Marcos replaced an 

earlier series of earth and wood fortifications and was the northernmost outpost of the Spanish Caribbean. It was the focus of 

struggle between Great Britain and Spain for regional supremacy 

during the 17th and 18th centuries. In addition, the Castillo was 

the site of a British Garrison during the American Revolution and 

was last employed for defensive purposes in 1898 during the Spanish-American War. 

The City of St. Augustine recently launched a restoration initiative in conjunction with both public and private entities in the community to preserve and enhance the Castillo de San Marcos National Monument. This project consists of two phases. The first 

phase includes the acquisition of properties which border the west 

region of the National Monument, and the design and planning 

stage of a visitors’ educational resource center. The second phase 

involves the construction of the educational center which will complete the restoration project. 

H.R. 2457 would authorize the Secretary of the Interior to grant 

funds for an educational center for the Castillo de San Marcos National Monument. Two million dollars will remain available until 

expended for land acquisition for the Center from willing owners 

only and for design and planning of the Center. In addition to these 

funds, the Secretary of the Interior will also set aside $2 million 

to remain available until expended for construction of the Center. 

COMMITTEE ACTION

H.R. 2457 was introduced by Congressman John Mica (R–FL) on 

June 12, 2003. The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks, Recreation and Public Lands. On July 22, 2003, the 

Subcommittee held a hearing on the bill. On July 8, 2004, the Subcommittee met to mark up the bill. An amendment in the nature 

of a substitute was offered by Chairman George Radanovich (R– 

CA) which added to the underlying legislation Title II, Castillo de 

San Marcos National Boundary Modification. Title II removed 3.1 

acres located within the boundary of the Monument and conveyed 

it to the City of St. Augustine. It also added .45 acres of private 

land to the Monument. The amendment was agreed to by unanimous consent, and the bill as amended was forwarded to the Full 

Resources Committee by unanimous consent. On July 14, 2004, the 

Full Resources Committee met to mark up the bill. Chairman Richard Pombo (R–CA) offered an amendment in the nature of a substitute that followed recommendations made by the Administration 

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with respect to Title I of the bill. Chiefly, the Pombo amendment 

deferred action on the construction of a visitor’s education center 

for the Monument pending the completion of the General Management Plan (GMP) for the Monument. The visitor’s center will be 

constructed in a manner consistent with the GMP’s preferred alternative. In addition, the amendment authorized the acquisition of 

property, as necessary, to meet the needs of the alternative. The 

amendment was agreed to by unanimous consent. The bill as 

amended, 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 revenues or tax expenditures. According to the Congressional Budget office, enactment of this bill could affect direct 

spending, but any effects would be negligible. 

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 funds for an educational center for the 

Castillo de San Marcos National Monument, 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. 2457—Castillo de San Marcos National Monument Preservation and Education Act 

CBO estimates that implementing H.R. 2457 would cost about $5 

million over the 2006–2009 period, assuming the availability of appropriated funds. Enacting the bill could affect direct spending, but 

we estimate that any such effects would be negligible. H.R. 2457 

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would not affect revenues. The bill contains no intergovernmental 

or private-sector mandates as defined in the Unfunded Mandates 

Reform Act and would impost no costs on state, local, or tribal governments. 

H.R. 2457 would authorize the National Park Service (NPS) to 

design and build a visitor center for the Castillo de San Marcos National Monument in Florida. The center would be located and constructed as specified in a new plan for the monument that, under 

current law, is expected to be completed in 2005. Because details 

on alternative designs and locations for the proposed visitor enter 

being considered under that plan are not available at the present 

time, CBO cannot estimate the cost of building that center with 

precision. However, based on information from the NPS about the 

average cost of other visitor centers, we estimate that the new center would cost $5 million, assuming appropriation of the necessary 

amounts. (The cost could be greater if a more-complex design for 

the project is chosen.) We also estimate that construction would 

begin in 2006 and last at least two years. 

H.R. 2457 also would direct the Secretary of the Interior to convey, for no consideration, 3.1 acres of land within the monument 

to the city of St. Augustine. According to the NPS, the land to be 

conveyed currently generates no significant receipts and is not expected to do so over the next 10 years. Hence we estimate that conveying it would not significantly affect offsetting receipts (a credit 

against direct spending). We also estimate that the agency would 

spend less than $50,000 to complete the conveyance, assuming the 

availability of appropriated funds. 

The CBO staff contact for this estimate is Megan Carroll. 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 to existing law. 

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