[House Report 110-798]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-798
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CAMP HALE STUDY ACT
_______
July 29, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3336]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3336) to direct the Secretary of the Interior to
carry out a study to determine the suitability and feasibility
of establishing a historic district to the Camp Hale on parcels
of land in the State of Colorado, 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 ``Camp Hale Study Act''.
SEC. 2. SPECIAL RESOURCE STUDY OF THE SUITABILITY AND FEASIBILITY OF
ESTABLISHING CAMP HALE AS A UNIT OF THE NATIONAL
PARK SYSTEM.
(a) In General.--The Secretary of the Interior, acting through the
Director of the National Park Service, (hereinafter referred to as the
``Secretary'') shall complete a special resource study of Camp Hale to
determine--
(1) the suitability and feasibility of designating Camp Hale
as a separate unit of the National Park System; and
(2) the methods and means for the protection and
interpretation of Camp Hale by the National Park Service, other
Federal, State, or local government entities or private or
nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study in
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5).
(c) Report.--Not later than 3 years after the date on which funds are
made available to carry out this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
SEC. 3. EFFECT OF STUDY.
Nothing in this Act shall affect valid existing rights, including--
(1) all interstate water compacts in existence on the date of
the enactment of this Act (including full development of any
apportionment made in accordance with the compacts);
(2) water rights decreed at the Camp Hale site or flowing
within, below, or through the Camp Hale site;
(3) water rights in the State of Colorado;
(4) water rights held by the United States; and
(5) the management and operation of any reservoir, including
the storage, management, release, or transportation of water.
Amend the title so as to read:
A bill to direct the Secretary of the Interior to carry out
a study to determine the suitability and feasibility of
establishing Camp Hale as a unit of the National Park System.
PURPOSE OF THE BILL
The purpose of H.R. 3336, as ordered reported, is to direct
the Secretary of the Interior to carry out a study to determine
the suitability and feasibility of establishing Camp Hale as a
unit of the National Park System.
BACKGROUND AND NEED FOR LEGISLATION
Camp Hale was established during World War II as a training
venue for the Army's 10th Mountain Division and other elements
of the U.S. Armed Forces. The geography of the area is ideal
for winter and high-altitude training, with steep mountains
surrounding a level valley suitable for housing and other
facilities.
In addition to the 10th Mountain Division, the 38th
Regimental Combat Team, 99th Infantry Battalion, and soldiers
from Fort Carson were trained at Camp Hale from 1942 to 1965.
Throughout this time, the Army tested a variety of weapons and
equipment at Camp Hale.
Between 1956 and 1965, the camp was also used by the
Central Intelligence Agency as a secret center for training
Tibetan refugees in guerilla warfare to resist the Chinese
occupation of their mountainous country.
In July 1965, Camp Hale was deactivated and control of the
lands was returned to the Forest Service in 1966. Today the
camp is part of the White River and San Isabel National
Forests. The U.S. Army Corps of Engineers is working to clean
up potentially hazardous munitions left over from weapons
testing at the camp, particularly in the East Fork.
Camp Hale was placed on the National Register of Historic
Places in 1992. As introduced, H.R. 3336 would direct the
Secretary of the Interior to study the feasibility and
suitability of establishing Camp Hale, near Leadville,
Colorado, as a national historic district.
COMMITTEE ACTION
H.R. 3336 was introduced August 2, 2007, by Rep. Doug
Lamborn (R-CO). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. At a hearing on
July 10, 2008, before the Subcommittee on National Parks,
Forests, and Public Lands, a representative of the National
Park Service testified that the administration had no objection
to the bill.
On July 16, 2008, the Full Natural Resources Committee met
to consider the bill. The Subcommittee on National Parks,
Forests and Public Lands was discharged from further
consideration of the measure. Representative Lamborn offered an
amendment in the nature of a substitute to direct the National
Park Service to study the suitability and feasibility of
designating Camp Hale as a unit of the National Park System.
The amendment in the nature of a substitute also conforms the
study instructions to standard special resource study language.
The amendment was adopted by unanimous consent. The bill,
as amended, was then ordered reported to the House of
Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that the Act may be cited as the ``Camp
Hale Study Act.''
Section 2. Special resource study of the suitability and feasibility of
establishing Camp Hale as a unit of the National Park System
Section 2 directs the Secretary of the Interior, acting
through the Director of the National Park Service, to complete
a special resource study of Camp Hale to determine the
suitability and feasibility of designating Camp Hale as a
separate unit of the National Park System, and also to consider
other federal, state, local, private or nonprofit means of
protecting and interpreting the site.
The committee expects that the study shall include an
analysis of the following:
(1) The significance of Camp Hale in relation to the
defense of our Nation during World War II and the Cold War,
including--
(A) use of Camp Hale for training of the 10th
Mountain Division and other elements of the United
States Armed Forces; and
(B) use of Camp Hale for training by the Central
Intelligence Agency of Tibetan refugees seeking to
resist the Chinese occupation of Tibet.
(2) Opportunities for public enjoyment of the site.
(3) Any operational, management, and private property
issues that need to be considered if Camp Hale were to be added
to the National Park System.
(4) The feasibility of administering Camp Hale as a unit of
the National Park System considering its size, configuration,
ownership, costs, and other factors.
(5) The feasibility of designating a significantly smaller
portion of the generally accepted boundaries of the full Camp
Hale site as a unit of the National Park System, including--
(A) a recommendation on the size and features of a
smaller designation more easily managed by the
Secretary; and
(B) recommendations as to the relevant buildings,
training sites, and/or other locations representative
of the history of the full site.
(6) The adequacy of other alternatives for management and
resource protection of Camp Hale and for appropriately
commemorating the role of Camp Hale in connection with training
of United States troops and assistance to Tibetans opposed to
the occupation of Tibet.
Section 3. Effect of study
Section 3 states that nothing in this Act affects valid
existing rights, including water rights.
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.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 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, as ordered reported, is to direct the
Secretary of the Interior to carry out a study to determine the
suitability and feasibility of establishing Camp Hale as a unit
of the National Park System.
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. 3336--Camp Hale Study Act
H.R. 3336 would require the National Park Service (NPS) to
conduct a study of Camp Hale, a former military training area
in Colorado, to determine the feasibility and suitability of
designating the site as a unit of the National Park System.
Based on information provided by the NPS and assuming the
availability of appropriations, CBO estimates that conducting
the required study would cost less than $500,000 over the next
three years. Enacting H.R. 3336 would not affect revenues or
direct spending.
H.R. 3336 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.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3336 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.