[House Report 108-743]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-743
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HIBBEN CENTER ACT
_______
October 6, 2004.--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. 3258]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3258) to authorize the Secretary of the Interior, in
cooperation with the University of New Mexico, to construct and
occupy a portion of the Hibben Center for Archaeological
Research at the University of New Mexico, 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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hibben Center Act''.
SEC. 2. LEASE AGREEMENT.
(a) Authorization.--The Secretary of the Interior may enter into an
agreement with the University of New Mexico to lease space in the
Hibben Center for Archaeological Research at the University of New
Mexico for research on, and curation of, the archaeological research
collections of the National Park Service relating to the Chaco Culture
National Historical Park and Aztec Ruins National Monument.
(b) Term; Rent.--The lease shall provide for a term not exceeding 40
years and a nominal annual lease payment.
(c) Improvements.--The lease shall permit the Secretary to make
improvements and install furnishings and fixtures related to the use
and curation of the collections.
SEC. 3. GRANT.
Upon execution of the lease, the Secretary may contribute to the
University of New Mexico:
(1) up to 37 percent of the cost of construction of the
Hibben Center, not to exceed $1,750,000; and
(2) the cost of improvements, not to exceed $2,488,000.
SEC. 4. COOPERATIVE AGREEMENT.
The Secretary may enter into cooperative agreements with the
University of New Mexico, Federal agencies, and Indian tribes for the
curation of and conduct of research on artifacts, and to encourage
collaborative management of the Chacoan archaeological artifacts
associated with northwestern New Mexico.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums as
may be necessary for the purposes of this Act.
PURPOSE OF THE BILL
The purpose of H.R. 3258 is to authorize the Secretary of
the Interior, in cooperation with the University of New Mexico,
to construct and occupy a portion of the Hibben Center for
Archaeological Research at the University of New Mexico, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
From 1929-1937 the University of New Mexico (UNM) conducted
field schools and archaeological research, resulting in
extensive collections held at its Maxwell Museum of
Anthropology. Commencing in 1949, the University progressively
transferred the property to the federal government as part of a
succession of agreements by which the National Park Service
(NPS) established the Chaco Canyon Park while university
archaeologists and curators worked with their NPS counterparts
to continue field research in the area. In 1969 the research
partnership was formalized with the creation of Chaco Research
Center, located at UNM, where NPS took over the bulk of field
research in the Park while collaborating with UNM faculty and
staff on analysis, storage and instruction deriving from this
activity. With termination of most active field work in 1985,
this partnership has continued while concentrating on the
publication of this long phase of investigation and joint NPS/
UNM curation of the vast and unmatched collections, all held in
the Maxwell Museum of the University of New Mexico.
The proposed project will relocate the Chaco Park personnel
currently working in the Maxwell Museum into the Hibben Center
for Archaeological Research adjacent to the museum. This
structure built and funded by The University of New Mexico,
donated by Professor Frank Hibben, first director of the
Maxwell Museum of Anthropology at UNM and an early Chaco Canyon
researcher, is intended to give the long-lasting partnership a
permanent home. Two floors of the building opened in 2003 with
the completed portion housing the Southwestern archaeology
collections of the University of New Mexico together with
research laboratories and photographic archives.
Under the terms of this legislation, the Secretary of the
Interior would enter into an agreement with the University of
New Mexico to lease space in the Hibben Center. The lease term
should not exceed 40 years and a minimal lease fee will be paid
by the NPS. This bill also allows the Secretary to contribute
to the cost of construction of the Hibben Center, not exceeding
$1.75 million and calls for the NPS to contribute a share of
the ongoing operation expenses of the center as well.
COMMITTEE ACTION
H.R. 3258 was introduced on October 7, 2003, by
Congresswoman Heather Wilson (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
September 14, 2004, the Subcommittee held a hearing on the
bill. On September 15, 2004, the Full Resource Committee met to
consider the bill. By unanimous consent, the Subcommittee on
National Parks, Recreation and Public Lands was discharged from
further consideration of the bill. Subcommittee Chairman
Congressman George Radanovich (R-CA) offered an amendment in
the nature of a substitute. The amendment eliminated the
provision in the bill calling for the NPS to share in the
ongoing operating expenses of the Hibben Center as well as
addressed technical concerns raised by the Administration
during its testimony in Subcommittee. The amendment was agreed
to by unanimous consent. The bill, as amended, 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 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, 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 authorize the Secretary of the
Interior, in cooperation with the University of New Mexico, to
construct and occupy a portion of the Hibben Center for
Archaeological Research at the University of New Mexico, 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. 3258--Hibben Center Act
H.R. 3258 would authorize the Secretary of the Interior to
lease space for up to 40 years in the Hibben Center for
Archaeological Research, a new facility built by the University
of New Mexico. The bill would authorize the Secretary to enter
into a lease agreement to provide for nominal annual rent, to
make leasehold improvements related to the care of the
archaeological collections, and to pay a pro-rata share of the
annual operating expenses of the center. In addition, the bill
would authorize the Secretary to contribute up to $1.75 million
towards the construction costs of the center and up to $2.488
million for improvements. For these purposes, the bill would
authorize the appropriation of whatever amounts are necessary.
Based on information provided by the National Park Service
and assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 3258 would cost the federal
government approximately $4.25 million over the next five
years. Of this amount, we estimate that $1.75 million would be
paid to the university in 2005 for construction costs. The
remaining $2.488 million would be spent in 2004 or 2005 for
leasehold improvements and furnishings. We estimate that annual
costs (including payments for rent and possibly a federal
contribution for center operating costs such as utilities)
would be negligible.
H.R. 3258 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
bill would provide a benefit to the University of New Mexico
(public university), and any costs to the university would be
incurred voluntarily.
On July 10, 2003, CBO transmitted a cost estimate for S.
643, the Hibben Center Act, as ordered reported by the Senate
Committee on Energy and Natural Resources on June 25, 2003. The
two versions of the Hibben Center Act are similar, and their
estimated costs are about the same.
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 to existing
law.