H. Rept. 114-701 - 114th Congress (2015-2016)

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House Report 114-701 - FORT FREDERICA NATIONAL MONUMENT BOUNDARY EXPANSION ACT

[House Report 114-701]
[From the U.S. Government Publishing Office]


114th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       114-701

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



 
        FORT FREDERICA NATIONAL MONUMENT BOUNDARY EXPANSION ACT

                                _______
                                

 July 25, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 3480]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3480) to expand the boundary of Fort Frederica 
National Monument in the State of Georgia, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends 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 ``Fort Frederica National Monument 
Boundary Expansion Act''.

SEC. 2. FORT FREDERICA NATIONAL MONUMENT, GEORGIA.

  (a) Maximum Acreage.--The first section of the Act of May 26, 1936 
(16 U.S.C. 433g), is amended by striking ``two hundred and fifty 
acres'' and inserting ``305 acres''.
  (b) Boundary Expansion.--
          (1) In general.--The boundary of the Fort Frederica National 
        Monument in the State of Georgia is modified to include the 
        land generally depicted as ``Proposed Acquisition Areas'' on 
        the map entitled ``Fort Frederica National Monument Proposed 
        Boundary Expansion'', numbered 369/132,469, and dated April 
        2016.
          (2) Availability of map.--The map described in paragraph (1) 
        shall be on file and available for public inspection in the 
        appropriate offices of the National Park Service.
          (3) Acquisition of land.--The Secretary of the Interior may 
        acquire the land and interests in land described in paragraph 
        (1) by donation or purchase with donated or appropriated funds 
        from willing sellers only.
          (4) Written consent of owner.--No non-Federal property may be 
        included in the Fort Frederica National Monument without the 
        written consent of the owner.
          (5) No use of condemnation or eminent domain.--The Secretary 
        of the Interior may not acquire by condemnation or eminent 
        domain any land or interests in land under this Act or for the 
        purposes of this Act.
          (6) No buffer zone created.--Nothing in this Act, the 
        establishment of the Fort Frederica National Monument, or the 
        management plan for the Fort Frederica National Monument shall 
        be construed to create buffer zones outside of the Monument. 
        That activities or uses can be seen, heard, or detected from 
        areas within the Fort Frederica National Monument shall not 
        preclude, limit, control, regulate, or determine the conduct or 
        management of activities or uses outside of the Monument.

                          Purpose of the Bill

    The purpose of H.R. 3480 is to expand the boundary of Fort 
Frederica National Monument in the State of Georgia.

                  Background and Need for Legislation

    H.R. 3480, as amended, authorizes the Secretary of the 
Interior to acquire, for inclusion in the boundary of Fort 
Frederica National Monument, approximately 21 acres by 
donation, or purchase with donated or appropriated funds. The 
parcel authorized to be acquired is owned by the St. Simons 
Land Trust.
    Fort Frederica National Monument, on St. Simons Island, 
Georgia, preserves the archaeological remnants of a fort 
established in 1736 by James Oglethorpe. Oglethorpe built the 
fort to protect the southern boundary of his new colony of 
Georgia from the Spanish in Florida. Named for Frederick Louis, 
the Prince of Wales (1702-1754), Frederica consisted of a fort 
and town fortified by a palisade wall and earthen rampart. The 
fort's location on the Frederica River allowed it to control 
ship travel.\1\
---------------------------------------------------------------------------
    \1\National Park Service, ``Fort Frederica: History & Culture,'' 
https://www.nps.gov/fofr/learn/historyculture/index.htm
---------------------------------------------------------------------------
    Oglethorpe's foresight in establishing Fort Frederica was 
rewarded in 1742 when Spanish and British forces clashed on St. 
Simons Island. Fort Frederica's troops defeated the Spanish in 
the Battle of Bloody Marsh. The British victory not only 
confirmed that Georgia was British territory, but also signaled 
the end for Fort Frederica. In 1749, Fort Frederica's regiment 
disbanded and eventually the town fell into decline.\2\
---------------------------------------------------------------------------
    \2\Ibid.
---------------------------------------------------------------------------
    On May 26, 1936, President Franklin D. Roosevelt 
established Fort Frederica as a National Monument. The National 
Park Service owns and preserves the archeological remains of 
Fort Frederica.

                            Committee Action

    H.R. 3480 was introduced on September 10, 2015, by 
Congressman Earl L. ``Buddy'' Carter (R-GA). The bill was 
referred to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Federal Lands. On May 24, 
2016, the Subcommittee held a hearing on the bill. On June 14, 
2016, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. 
Congressman Jody B. Hice offered an amendment designated #1; it 
was adopted by unanimous consent. No additional amendments were 
offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives by unanimous consent 
on June 15, 2016.

            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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 20, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3480, the Fort 
Frederica National Monument Boundary Expansion Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Marin 
Burnett.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3480--Fort Frederica National Monument Boundary Expansion Act of 
        2015

    H.R. 3480 would authorize the expansion of the Fort 
Frederica National Monument on St. Simons Island, Georgia, by 
increasing the maximum acreage from 250 to 305 acres. The 
monument preserves the archaeological remnants of a fort 
established in 1736 by James Oglethorpe, the founder of the 
state of Georgia.
    The National Park Service (NPS) would be permitted to 
expand the monument boundary only through donations or 
purchases of land made using appropriated funds. According to 
the NPS, the existing park boundary exceeds the current acreage 
cap. The legislation would expand the cap to accommodate the 
current size of the monument and permit the NPS to acquire 
about 20 additional acres. Based on information the county 
provided to the NPS about the value of different parcels, CBO 
estimates that the cost of acquiring certain properties that 
are adjacent to the monument would be about $1 million.
    Enacting H.R. 3480 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 3480 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 3480 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform act and 
would impose no costs on state, local, and tribal governments.
    The CBO staff contact for this estimate is Marin Burnett. 
The estimate was approved by H. Samuel Papenfuss, 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 spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditure. According to the Congressional 
Budget Office (CBO), acquiring the land in the expanded 
boundary would cost about $1,000,000; this land may be acquired 
by donation or using appropriated funds. CBO estimates that the 
bill ``would not increase net direct spending or on-budget 
deficits in any of the four consecutive 10 year periods 
beginning in 2027''.
    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 expand the boundary of Fort 
Frederica National Monument in the State of Georgia.

                           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 mandate as defined by Public 
Law 104-4.

                       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, and existing law in which no 
change is proposed is shown in roman):

                          ACT OF MAY 26, 1936


                 (Public Law Chapter 451-74th Congress)

AN ACT To provide for the establishment of the Fort Frederica National 
   Monument, at Saint Simon Island, Georgia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That when title 
to the site of Fort Frederica, on Saint Simon Island, Georgia, 
and such other related sites located thereon, as may be 
designated by the Secretary of the Interior, in the exercise of 
his discretion, as necessary or desirable for national-monument 
purposes, shall have been vested in the United States, said 
area not to exceed [two hundred and fifty] 350 acres shall be, 
and is hereby, set apart as a national monument for the benefit 
and inspiration of the people, and shall be called the ``Fort 
Frederica National Monument''.

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