[House Report 108-257]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-257
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FORT BAYARD NATIONAL HISTORIC LANDMARK ACT
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September 3, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2059]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2059) to designate Fort Bayard Historic District in the
State of New Mexico as a National Historic Landmark, 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. 2059 is to designate Fort Bayard
Historic District in the State of New Mexico as a National
Historic Landmark, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Fort Bayard was established in 1866 in southeastern New
Mexico to protect Silver City and other nearby mining
communities during ongoing fights with Apache Indians living in
the area. Fort Bayard functioned as an Army post until 1899.
Its soldiers, many of them African-American, or Buffalo
Soldiers, protected area settlers. These Buffalo Soldiers were
a mainstay of the Army during the late Apache wars and fought
heroically in numerous skirmishes. Like many soldiers who
served at Fort Bayard, some of the Buffalo Soldiers remained in
the area following their discharge. Lines of headstones noting
the names of men and their various Buffalo Soldier units remain
in the older section of what is now Fort Bayard National
Cemetery. In 1992, these soldiers were recognized for their
bravery when a Buffalo Soldier Memorial statue was dedicated at
the center of the Fort Bayard parade ground.
By the end of the 19th century, it was clear that the era
of the western frontier, at least from the Army's perspective,
had ended. Following the departure of the 9th U.S. Cavalry, the
War Department authorized the surgeon-general to establish a
general hospital for use as a military sanatorium, the first
dedicated to the treatment of officers and enlisted men of the
Army suffering from pulmonary tuberculosis. In 1920, the War
Department closed the sanatorium and the United States Public
Health Service assumed control of the facility. The facility
was later transferred to the Veterans' Bureau. In 1965, the
Fort Bayard facility, comprising over 480 acres, was
transferred to the State of New Mexico, which continues to
operate the facility for various medical treatment programs.
The Fort Bayard Historic District was listed on the National
Register for Historic Places in July 2002, reflecting the
historic significance of both the original Army post and the
subsequent medical facility. Designating the site as an
Historic Landmark would enable the community to receive
economic assistance which could help fuel more investment in
the region.
COMMITTEE ACTION
H.R. 2059 was introduced on May 9, 2003, by Congressman
Stevan Pearce (R-NM). 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 9, 2003,
the Full Resources Committee met to consider the bill. The
Subcommittee on National Parks, Recreation and Public Lands was
discharged from further consideration of the bill by unanimous
consent. No amendments were offered and the bill 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 and Article IV, section 3 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, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
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 designate Fort Bayard Historic
District in the State of New Mexico as a National Historic
Landmark.
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 11, 2003.
Hon. Richard Pombo,
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. 2059, the Fort
Bayard National Historic Landmark Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 2059--Fort Bayard National Historic Landmark Act
H.R. 2059 would designate the Fort Bayard Historic District
in New Mexico as the Fort Bayard National Historic Landmark.
The bill would authorize the Department of the Interior to
execute cooperative agreements with nonfederal entities and to
provide technical and financial assistance to such entities for
historic preservation and interpretive activities. For those
purposes, the bill would authorize the appropriation of
whatever amounts are necessary.
The cost of providing technical and financial assistance
under H.R. 2059 is uncertain because the National Park Service
(NPS) has not conducted any evaluation of the landmark's
resources. Based on preliminary information available from the
NPS at this time and assuming the availability of appropriated
funds, CBO estimates that such assistance would cost about
$100,000 over the next three to four years.
H.R. 2059 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On February 7, 2003, CBO transmitted a cost estimate for S.
214, the Fort Bayard National Historic Landmark Act, as ordered
reported by the Senate Committee on Energy and Natural
Resources on February 5, 2003. S. 214 and H.R. 2059 are very
similar, and the estimated cost of the two versions of the
legislation are identical.
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.