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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-272
======================================================================
TO EXTEND THE AUTHORIZATION FOR THE CAPE COD NATIONAL SEASHORE ADVISORY
COMMISSION
_______
November 8, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 182]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 182) to extend the authorization for the Cape
Cod National Seashore Advisory Commission, 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. 182 is to extend the authorization for
the Cape Cod National Seashore Advisory Commission.
Background and Need for Legislation
The Cape Cod National Seashore Advisory Commission
(Commission) was originally authorized in 1961 and is comprised
of representatives of the six towns within the Seashore
boundary, plus Barnstable County, the Commonwealth of
Massachusetts, and the Secretary of the Interior. The
Commission was established to consult with the Secretary of the
Interior, or their designee, on matters relating to the
development of the Seashore and specific sections of the Act
establishing the Seashore.
The most recent statutory term of the Commission has
expired. Since the National Seashore was created, the
Commission has provided invaluable guidance to the National
Park Service and given local officials and community members a
voice in the management of the Seashore.
Committee Action
H.R. 182 was introduced on January 3, 2019, by
Representative William R. Keating (D-MA). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee on National Parks, Forests, and
Public Lands. On May 22, 2019, the Subcommittee held a hearing
on the bill. On September 18, 2019, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. No amendments were offered,
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 182: legislative hearing by the Subcommittee on
National Parks, Forests, and Public Lands held on May 22, 2019.
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 and Congressional
Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 27, 2019.
Hon. Raul M. Grijalva,
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. 182, a bill to
extend the authorization for the Cape Cod National Seashore
Advisory Commission.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Hughes.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 182 would authorize the Cape Cod National Seashore
Advisory Commission until September 26, 2028. The commission's
authority to operate expired on September 26, 2018. Based on
the historical cost of operating the commission, CBO estimates
that it would cost the National Park Service less than $500,000
to maintain the commission through fiscal year 2028. Any
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is David Hughes.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill is to extend the authorization for the
Cape Cod National Seashore Advisory Commission.
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.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
Federal Advisory Committee Act Statement
The bill would reestablish the Cape Cod National Seashore
Advisory Commission to carry out its previous functions. In
reporting the bill favorably to the House of Representatives,
the Committee on Natural Resources finds that these functions
would be better performed by the Cape Cod National Seashore
Advisory Commission than by one or more agencies or another
existing advisory committee.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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):
PUBLIC LAW 87-126
* * * * * * *
Sec. 8. (a) There is established a Cape Cod National Seashore
Advisory Commission (hereinafter referred to as the
``Commission''). The Commission shall terminate September 26,
[2018] 2028.
(b)(1) Six members to be appointed from recommendations made
by each of the boards of selectmen of the towns referred to in
section 459b of this Act, one member from the recommendations
made by each such board;
(2) One member to be appointed from recommendations of the
county commissioners of Barnstable County, Commonwealth of
Massachusetts;
(3) Two members to be appointed from recommendations of the
Governor of the Commonwealth of Massachusetts; and
(4) One member to be designated by the Secretary.
(c) The Secretary shall designate one member to be Chairman.
Any vacancy in the Commission shall be filled in the same
manner in which the original appointment was made.
(d) A member of the Commission shall serve without
compensation as such. The Secretary is authorized to pay the
expenses reasonably incurred by the Commission in carrying out
its responsibilities under sections 1 to 7 of this Act upon
vouchers signed by the Chairman.
(e) The Commission established by this section shall act and
advise by affirmative vote of a majority of the members
thereof.
(f) The Secretary or his designee shall, from time to time,
consult with the members of the Commission with respect to
matters relating to the development of Cape Cod National
Seashore and shall consult with the members with respect to
carrying out the provisions of sections 3 and 4 of this Act.
(g) No permit for the commercial or industrial use of
property located within the seashore shall be issued by the
Secretary, nor shall any public use area for recreational
activity be established by the Secretary within the seashore,
without the advice of the Commission, if such advice is
submitted within a reasonable time after it is sought.
(h)(1) Any member of the Advisory Commission appointed under
sections 1 to 7 of this Act shall be exempted, with respect to
such appointment, from the operation of sections 281, 283, 284,
and 1914 of title 18 and section 190 of the Revised Statutes (5
U.S.C. 99) 1 except as otherwise specified in paragraph (2) of
this subsection.
(2) The exemption granted by paragraph (1) of this subsection
shall not extend-
(i) to the receipt or payment of salary in connection
with the appointee's Government service from any
sources other than the private employer of the
appointee at the time of his appointment; or
(ii) during the period of such appointment, and the
further period of two years after the termination
thereof, to the prosecution or participation in the
prosecution, by any person so appointed, of any claim
against the Government involving any matter concerning
which the appointee had any responsibility arising out
of his appointment during the period of such
appointment.
* * * * * * *
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]
