```

[House Report 107-634]
[From the U.S. Government Publishing Office]

                                                                       
107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-634

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

 
ALLEGHENY PORTAGE RAILROAD NATIONAL HISTORIC SITE BOUNDARY REVISION ACT

                                _______
                                

 September 4, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4682]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4682) to revise the boundary of the Allegheny Portage 
Railroad National Historic Site, 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. 4682 is to revise the boundary of the 
Allegheny Portage Railroad National Historic Site, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Allegheny Portage Railroad was the first railroad 
constructed over the Allegheny Mountains. It is located in 
southwestern Pennsylvania approximately 12 miles west of 
Altoona. The Railroad helped to facilitate trade in the area 
and contributed to the opening of the interior of the United 
States to settlement. The Railroad was considered a 
technological wonder of its day because of its unique 
construction. This inclined plane railroad operated from 1834 
to 1854, but was replaced by a new Portage Railroad without 
inclined planes. Despite its somewhat short lifespan, the 
Allegheny Portage Railroad played an important role in uniting 
the coal-producing western states with the manufacturing 
eastern states.
    The proposed legislation would revise the boundaries of the 
existing Allegheny Portage Railroad National Historic Site by 
removing approximately 10 acres of land, authorizing the 
inclusion of 52 acres, enacting an exchange of approximately 98 
acres from willing sellers in exchange for nearly 108 acres, 
and authorizing the acquisition of an additional parcel of 15 
acres from willing sellers. If the value of the parcels of land 
are not equal, the bill provides for the equalization of values 
by donation, payment using donated or appropriated funds, or 
the conveyance of additional land. The boundary of the unit 
would then be revised to reflect the new boundaries.

                            COMMITTEE ACTION

    H.R. 4682 was introduced on May 8, 2002 by Congressman John 
Murtha (D-PA) and was referred to the Committee on Resources. 
On May 14, 2002, the bill was referred within the Committee to 
the Subcommittee on National Parks, Recreation, and Public 
Lands. On July 24, 2002, the Full Resources Committee met to 
consider the bill and the Subcommittee on National Parks, 
Recreation, and Public Lands was discharged from further 
consideration by unanimous consent. No amendments were offered 
and the bill was ordered favorably reported, without amendment, 
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 grantCongress 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, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 16, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4682, the 
Allegheny Portage Railroad National Historic Site Boundary 
Revision Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4682--Allegheny Portage Railroad National Historic Site Boundary 
        Revision Act

    H.R. 4682 would make small changes to the boundary of the 
Allegheny Portage Railroad National Historic Site in 
Pennsylvania. In addition, the bill would authorize the 
National Park Service (NPS) to exchange about 108 acres of park 
land for 98 acres of private property adjacent to the historic 
site. If the two tracts to be exchanged are not of equal value, 
any difference could be eliminated--by either party--by a cash 
payment or conveyance of other land. Finally, the bill would 
authorize the acquisition of an additional 15-acre parcel of 
land by donation or exchange. Following completion of those 
transactions, any property acquired by the government would be 
added to the historic site and administered by the NPS.
    Based on information provided by the NPS and assuming 
appropriation of the necessary amounts, CBO estimates that it 
would cost less than $200,000 to carry out the acquisitions 
authorized by the bill, including legal costs, surveys, and 
mapping. Because it is possible that the federal government 
could receive a cash equalization payment from the private 
property owners, pay-as-you-go procedures would apply, but CBO 
estimates that such a payment, if any, would be less than 
$100,000. We expect that additional costs to develop and 
administer the expanded historic site would not be significant.
    This bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on 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.

                                

```