II Calendar No. 271 112th CONGRESS 2d Session S. 323 [Report No. 112–109] IN THE SENATE OF THE UNITED STATES February 10, 2011 Mr. Carper (for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources January 13, 2012 Reported under authority of the order of the Senate of December 17, 2011, by Mr. Bingaman, without amendment A BILL To establish the First State National Historical Park in the State of Delaware, and for other purposes.

1.

Short title

This Act may be cited as the First State National Historical Park Act.

2.

Definitions

In this Act: (1)

Historical park

The term historical park means the First State National Historical Park established by section 3(a)(1). (2)

Secretary

The term Secretary means the Secretary of the Interior. (3)

State

The term State means the State of Delaware.

3.

First State national historical park

(a)

Establishment

(1)

In general

Subject to paragraph (3), there is established in the State the First State National Historical Park, to be administered as a unit of the National Park System. (2)

Purposes

The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with— (A)early Dutch, Swedish, and English settlement of the Colony of Delaware; and (B)the role of Delaware as the first State to ratify the Constitution. (3)

Determination by secretary

(A)

In general

The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit. (B)

Notice

Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park. (C)

Availability of map

The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b)

Historic sites

The Secretary may include the following sites in the State within the boundary of the historical park: (1)The Old Sherriff’s House in New Castle County, Delaware. (2)Fort Christina National Historic Landmark in New Castle County, Delaware. (3)Old Swedes Church National Historic Landmark in New Castle County, Delaware. (4)Old New Castle Courthouse in New Castle, Delaware. (5)John Dickinson Plantation National Historic Landmark in Kent County, Delaware. (6)Dover Green in Kent County, Delaware. (7)Ryves Holt House in Sussex County, Delaware.

4.

Administration

(a)

In general

The Secretary shall administer the historical park in accordance with— (1)this Act; and (2)the laws generally applicable to units of the National Park System, including— (A)the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B)the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b)

Land acquisition

(1)

In general

The Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange. (2)

Boundary adjustment

On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition. (c)

Interpretive tours

The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including— (1)Fort Casimir; (2)DeVries Monument; (3)Amstel House; (4)Dutch House; and (5)Zwaanendael Museum. (d)

Cooperative agreements

(1)

In general

The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources. (2)

Cost-sharing requirement

(A)

Federal share

The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent. (B)

Form of non-Federal share

The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (e)

Management plan

(1)

In general

Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park. (2)

Applicable law

The management plan shall be prepared in accordance with section 12(b) of Public Law 91–383 (16 U.S.C. 1a–7(b)) and other applicable laws.

5.

National landmark study

(a)

In general

Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park. (b)

Requirements

The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks.

6.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.

January 13, 2012 Reported without amendment