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[House Report 113-70]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-70

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SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK BOUNDARY EXPANSION ACT OF 
                                  2013

                                _______
                                

  May 17, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 885]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 885) to expand the boundary of San Antonio 
Missions National Historical Park, to conduct a study of 
potential land acquisitions, and for other purposes, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``San Antonio Missions National 
Historical Park Boundary Expansion Act of 2013''.

SEC. 2. BOUNDARY EXPANSION.

   Section 201(a) of Public Law 95-629 (16 U.S.C. 410ee(a)) is 
amended--
          (1) by striking ``In order'' and inserting ``(1) In order'';
          (2) by striking ``The park shall also'' and inserting the 
        following:
  ``(2) The park shall also'';
          (3) by striking ``After advising the'' and inserting the 
        following:
  ``(5) After advising the''.
          (4) by inserting after paragraph (2) (as so designated by 
        paragraph (2)) the following:
  ``(3) The boundary of the park is further modified to include 
approximately 137 acres, as depicted on the map titled `San Antonio 
Missions National Historical Park Proposed Boundary Addition', numbered 
472/113,006A, and dated June 2012. The map shall be on file and 
available for inspection in the appropriate offices of the National 
Park Service, U.S. Department of the Interior.
  ``(4) The Secretary may not acquire by condemnation any land or 
interest in land within the boundaries of the park. The Secretary is 
authorized to acquire land and interests in land that are within the 
boundaries of the park pursuant to paragraph (3) by donation or 
exchange only (and in the case of an exchange, no payment may be made 
by the Secretary to any landowner). No private property or non-Federal 
public property shall be included within the boundaries of the park 
without the written consent of the owner of such property. Nothing in 
this Act, the establishment of the park, or the management plan of the 
park shall be construed to create buffer zones outside of the park. 
That an activity or use can be seen or heard from within the park shall 
not preclude the conduct of that activity or use outside the park.''.

    Amend the title to read:
    A bill to expand the boundary of the San Antonio Missions 
National Historical Park, and for other purposes.

                          Purpose of the Bill

    The purpose of H.R. 885, as amended, is to expand the 
boundary of the San Antonio Missions National Historical Park.

                  Background and Need for Legislation

    H.R. 885 authorizes the expansion of San Antonio Missions 
National Historical Park to include an additional 137 acres, 
all of which are currently owned or being managed by the 
National Park Service (NPS). After an NPS evaluation, it was 
determined that these additional acres are necessary to protect 
park resources and achieve the purposes of the park. 
Additionally, cultural and archeological resources associated 
with the park are currently outside the boundary, but would be 
included in this expansion.
    According to the NPS, there will be no additional cost to 
enacting this legislation because most of the new acreage is 
already owned by the NPS and the remainder need not be acquired 
as the agency already manages it through agreements.
    During Full Committee markup of the bill, an amendment 
offered by Congressman Rob Bishop (R-UT) was adopted to 
eliminate potential costs associated with the legislation and 
to enhance property rights protections. The amendment removed 
language authorizing a study for another boundary expansion and 
clarified that written consent of property owners will be 
required before their land can be included in the park. The 
creation of buffer zones around the park and use of 
condemnation will also be prohibited. Finally, while no land 
acquisition is currently anticipated, the amendment would limit 
any acquisition to donation or exchange only.

                            Committee Action

    H.R. 885 was introduced on February 28, 2013, by 
Congressman Lloyd Doggett (D-TX). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
April 16, 2013, the Subcommittee held a hearing on the bill. On 
April 24, 2013, the Full Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an amendment designated 
.020 to the bill; the amendment was adopted by unanimous 
consent. No further amendments were offered and the bill, as 
amended, was adopted and 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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 885--San Antonio Missions National Historical Park Boundary 
        Expansion Act of 2013

    H.R. 885 would expand the boundary of the San Antonio 
Missions National Historical Park in Texas to include 
approximately 137 additional acres. Of the proposed expansion, 
118 acres are currently owned by the National Park Service 
(NPS) or are being donated to the park. The remaining 19 acres 
would continue to be managed under a cooperative agreement with 
the city of San Antonio and Bexar County, which own the 
property.
    Based on information provided by the NPS, CBO estimates 
that implementing H.R. 885 would have no significant impact on 
the federal budget. The NPS currently manages most of the land 
that would be added to the park, and CBO estimates that the 
legislation would not significantly affect operating costs. 
Enacting H.R. 885 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 885 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 Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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. Based on 
information provided by the NPS, CBO estimates that 
implementing H.R. 885 would have no significant impact on the 
federal budget.
    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, as amended, is to expand the boundary 
of the San Antonio Missions National Historical Park.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal 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):

                        ACT OF NOVEMBER 10, 1978

                          (Public Law 95-629)

AN ACT To amend the Pennsylvania Avenue Development Corporation Act of 
  1972; to provide for the establishment of the San Antonio Missions 
National Historical Park, and for other purposes.

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                                TITLE II

  Sec. 201. (a) [In order] (1) In order to provide for the 
preservation, restoration, and interpretation of the Spanish 
Missions of San Antonio, Texas, for the benefit and enjoyment 
of present and future generations of Americans, there is hereby 
established the San Antonio Missions National Historical Park 
(hereafter in this section referred to as the ``park'') 
consisting of Concepcion, San Jose, San Juan, and Espada 
Missions, together with areas and features historically 
associated therewith, as generally depicted on the drawing 
entitled ``Boundary Map, San Antonio Missions National 
Historical Park'', numbered 930-80,022-C and dated May 1978, 
which shall be on file and available for public inspection in 
the offices of the National Park Service, Department of the 
Interior, and in the offices of the Superintendent of the park. 
[The park shall also]
  (2) The park shall also consist of the lands and interests 
therein within the area bounded by the line depicted as 
``Proposed Boundary Extension'' on the maps entitled ``San 
Antonio Missions National Historical Park'', numbered 472-
80,075, 472-80,076, 472-80,077, 472-80,078, 472-80,079, 472-
80,080, and 472-80,081 and dated June 7, 1990, which shall be 
on file and available for public inspection in the same manner 
as is such drawing. [After advising the]
  (3) The boundary of the park is further modified to include 
approximately 137 acres, as depicted on the map titled ``San 
Antonio Missions National Historical Park Proposed Boundary 
Addition'', numbered 472/113,006A, and dated June 2012. The map 
shall be on file and available for inspection in the 
appropriate offices of the National Park Service, U.S. 
Department of the Interior.
  (4) The Secretary may not acquire by condemnation any land or 
interest in land within the boundaries of the park. The 
Secretary is authorized to acquire land and interests in land 
that are within the boundaries of the park pursuant to 
paragraph (3) by donation or exchange only (and in the case of 
an exchange, no payment may be made by the Secretary to any 
landowner). No private property or non-Federal public property 
shall be included within the boundaries of the park without the 
written consent of the owner of such property. Nothing in this 
Act, the establishment of the park, or the management plan of 
the park shall be construed to create buffer zones outside of 
the park. That an activity or use can be seen or heard from 
within the park shall not preclude the conduct of that activity 
or use outside the park.
  (5) After advising the Committee on Energy and Natural 
Resources of the United States Senate and the Committee on 
Natural Resources of the United States House of 
Representatives, in writing, the Secretary of the Interior 
(hereinafter referred to as the ``Secretary'') may make minor 
revisions of the boundaries of the park when necessary by 
publication of a revised drawing or other boundary description 
in the Federal Register.
  (b) For the purposes of this section, the Secretary is 
authorized--
          (1) to acquire by donation, purchase with donated or 
        appropriated funds, or exchange, lands and interests 
        therein constituting--
                  (A) Mission San Jose y San Miguel de Aguayo;
                  (B) Mission Nuestra Senora de la Purisima 
                Concepcion de Acuna;
                  (C) Mission San Francisco de la Espada;
                  (D) Espada Aceqnia, the section of 
                approximately five miles along the west side of 
                and parallel to the San Antonio River;
                  (E) Mission San Juan Capistrano;
                  (F) Mission San Juan Capistrano;
                  (G) San Juan Acequia, on the east side of the 
                San Antonio River; and
                  (H) such lands and interests therein which 
                the Secretary determines are necessary or 
                desirable to provide for public access to, and 
                interpretation and protection of, the 
                foregoing; and
          (2) to enter cooperative agreements with the owners 
        of any historic properties, including properties 
        referred to in paragraph (1), in furtherance of the 
        purposes of this section.
Each agreement under paragraph (2) shall provide among other 
things that the owner will hold and preserve the historic 
property in perpetuity and will not undertake or permit the 
alteration or removal of historic features or the erection of 
markers, structures, or buildings without the prior concurrence 
of the Secretary, and that the public shall have reasonable 
access to those portions of the property to which access is 
necessary in the judgment of the Secretary for the proper 
appreciation and interpretation of its historical and 
architectural value. Pursuant to such cooperative agreements 
and notwithstanding any other provision of law to the contrary 
the Secretary may, directly or by contract, construct, 
reconstruct, rehabilitate, or develop such buildings, 
structures, and related facilities including roads, trails, and 
other interpretive facilities on real property not in Federal 
ownership and may maintain and operate programs in connection 
therewith as he deems appropriate. Any lands or interest 
therein owned by the Catholic Archdiocese of San Antonio, the 
State of Texas, or any political subdivision of such State, 
including the San Antonio River Authority, may be acquired by 
donation only: Provided, That the Secretary shall submit all 
proposed cooperative agreements to the Department of Justice 
for a determination that the proposed agreements do not violate 
the constitutional provisions regarding the separation of 
church and state.
  (c)(1) With the exception of any property deemed necessary by 
the Secretary for visitor facilities or administration of the 
park, any owner or owners of improved property on the date of 
its acquisition by the Secretary may, as a condition of such 
acquisition, retain for themselves and their successors or 
assigns a right of use and occupancy of the property for 
noncommercial residential purposes, for twenty-five years, or, 
in lieu thereof, for a term ending at the death of the owner or 
his spouse, whichever is later. The owner shall elect the term 
to be reserved. The Secretary shall pay to the owner the fair 
market value of the property on the date of such acquisition 
less the fair market value on such date of the right retained 
by the owner.
    (2) A right of use and occupancy retained or enjoyed 
pursuant to this subsection may be terminated with respect to 
the entire property by the Secretary upon his determination 
that the property or any portion thereof had ceased to be used 
for noncommercial residential purposes and upon tender to the 
holder of a right an amount equal to the fair market value, as 
of the date of tender, of that portion of the right which 
remains unexpired on the date of termination.
    (3) The term ``improved property'', as used in this 
subsection, shall mean a detached, noncommercial residential 
dwelling, the construction of which was begun before January 1, 
1978 (hereinafter referred to as a ``dwelling''), together with 
so much of the land on which the dwelling is situated, the said 
land being in the same ownership as the dwelling, as the 
Secretary shall designate to be reasonably necessary for the 
enjoyment or the dwelling for the sole purpose of noncommercial 
residential use, together with any structures accessory to the 
dwelling which are situated on the land so designated.
  (d) The Secretary is authorized and directed to take prompt 
and appropriate action in accordance with the provisions of 
this section and any cooperative agreement hereunder to assure 
the protection and preservation of the historical and 
architectural values of the missions and the areas and features 
historically associated therewith within the boundaries of the 
park. The park shall be administered by the Secretary in 
accordance with this section and provisions of law generally 
applicable to units of the National Park System, including the 
Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and 
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461467).
  (e)(1) There is hereby authorized to be established by the 
Secretary, a San Antonio Missions Advisory Commission. The 
Commission shall be composed of eleven members, each appointed 
for a term of two years by the Secretary, as follows:
          (A) one member to be appointed from recommendations 
        made by the Governor of the State of Texas;
          (B) one member to be appointed from recommendations 
        made by the County Commissioners of Bexar County, 
        Texas;
          (C) one member to be appointed from recommendations 
        made by the City Council of the City of San Antonio, 
        Texas;
          (D) one member to be appointed to represent non-
        Federal property owners whose property is operated and 
        maintained in accordance with cooperative agreements 
        with the Secretary pursuant to subsection (b)(2);
          (E) one member from the membership of a local 
        conservation or historical organization; and
          (F) six members representing the general public.
The Secretary shall designate one member to be Chairman of the 
Commission and may fill any vacancy in the same manner in which 
the original appointment was made.
  (2) Members of the Commission shall serve without 
compensation as such, but, the Secretary may pay expenses 
reasonably incurred by the Commission and may reimburse members 
for reasonable expenses incurred in carrying out their 
responsibilities under this section on vouchers signed by the 
Chairman.
  (3) All appointments to the Commission shall be made by the 
Secretary within six months after the date of the enactment of 
this Act and the Secretary, or his designee, shall from time to 
time, but at least semiannually, meet and consult with the 
Advisory Commission in matters relating to the park and with 
respect to carrying out the provisions of this section.
  (4) Unless extended by Act of Congress, this Commission shall 
terminate ten years after the date of its first meeting with 
the Secretary or his designee.
  (f)(1) There are hereby authorized to be appropriated such 
sums as may be necessary to carry out the purposes of this 
section, but not more than $10,000,000 for the acquisition of 
lands and interests in lands.
  (2) For the development of essential public facilities there 
are authorized to be appropriated not more than $15,000,000.

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