[Congressional Record Volume 156, Number 128 (Wednesday, September 22, 2010)]
[House]
[Pages H6834-H6837]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COLTSVILLE NATIONAL HISTORICAL PARK ACT
Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 5131) to establish Coltsville National Historical Park
in the State of Connecticut, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5131
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coltsville National
Historical Park Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) City.--The term ``city'' means the city of Hartford,
Connecticut.
(2) Commission.--The term ``Commission'' means the
Coltsville National Historical Park Advisory Commission
established by subsection 6(a).
(3) Historic district.--The term ``Historic District''
means the Coltsville Historic District.
(4) Map.--The term ``map'' means the map titled
``Coltsville National Historical Park--Proposed Boundary'',
numbered T25/102087, and dated May 11, 2010.
(5) Park.--The term ``park'' means the Coltsville National
Historical Park in the State of Connecticut.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of
Connecticut.
SEC. 3. COLTSVILLE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established in the State a unit of the National Park System
to be known as the ``Coltsville National Historical Park''.
(2) Conditions for establishment.--The park shall not be
established until the date on which the Secretary determines
that--
(A) the Secretary has acquired by donation sufficient land
or an interest in land within the boundary of the park to
constitute a manageable unit;
(B) the State, city, or private property owner, as
appropriate, has entered into a written agreement with the
Secretary to donate at least 10,000 square feet of space in
the East Armory which would include facilities for park
administration and visitor services;
(C) the Secretary has entered into a written agreement with
the State, city, or other public entity, as appropriate,
providing that--
(i) land owned by the State, city, or other public entity
within the Coltsville Historic District shall be managed
consistent with this section; and
(ii) future uses of land within the historic district shall
be compatible with the designation of the park and the city's
preservation ordinance; and
(D) the Secretary has reviewed the financial resources of
the owners of private and public property within the boundary
of the proposed park to ensure the viability of the park
based on those resources.
(b) Boundaries.--The park shall include and provide
appropriate interpretation and viewing of the following
sites, as generally depicted on the map:
(1) The East Armory.
(2) The Church of the Good Shepherd.
(3) The Caldwell/Colt Memorial Parish House.
(4) Colt Park.
(5) The Potsdam Cottages.
(6) Armsmear.
(7) The James Colt House.
(c) Collections.--The Secretary shall enter into a written
agreement with the State of Connecticut State Library,
Wadsworth Atheneum, and the Colt Trust, or other public
entities, as appropriate, to gain appropriate access to Colt-
related artifacts for the purposes of having items routinely
on display in the East Armory or within the park as
determined by the Secretary as a major function of the
visitor experience.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the 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 Service 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) State and Local Jurisdiction.--Nothing in this Act
enlarges, diminishes, or modifies any authority of the State,
or any political subdivision of the State (including the
city)--
(1) to exercise civil and criminal jurisdiction; or
(2) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
park.
(c) Cooperative Agreements.--
(1) In general.--As the Secretary determines to be
appropriate to carry out this Act, the Secretary may enter
into cooperative agreements with the owner of any property
within the Coltsville Historic District or any nationally
significant properties within the boundary of the park, under
which the Secretary may identify, interpret, restore,
rehabilitate, and provide technical assistance for the
preservation of the properties.
(2) Right of access.--A cooperative agreement entered into
under paragraph (1) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(A) conducting visitors through the properties; and
(B) interpreting the properties for the public.
(3) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under paragraph (1) unless the
Secretary and the other party to the agreement agree to the
changes or alterations.
(4) Conversion, use, or disposal.--Any payment by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of a project
for purposes contrary to the purposes of this section, as
determined by the Secretary, shall entitle the United States
to reimbursement in an amount equal to the greater of--
(A) the amounts made available to the project by the United
States; or
(B) the portion of the increased value of the project
attributable to the amounts made available under this
subsection, as determined at the time of the conversion, use,
or disposal.
(5) Matching funds.--
(A) In general.--As a condition of the receipt of funds
under this subsection, the Secretary shall require that any
Federal funds made available under a cooperative agreement
shall be matched on a 1-to-1 basis by non-Federal funds.
(B) Form.--With the approval of the Secretary, the non-
Federal share required under subparagraph (A) may be in the
form of donated property, goods, or services from a non-
Federal source, fairly valued.
(d) Acquisition of Land.--Land or interests in land owned
by the State or any political subdivision of the State may be
acquired only by donation.
(e) Technical Assistance and Public Interpretation.--The
Secretary may provide technical assistance and public
interpretation of related historic and cultural resources
within the boundary of the historic district.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this Act,
the Secretary, in consultation with the Commission, shall
complete a management plan for the park in accordance with--
(1) section 12(b) of Public Law 91-383 (commonly known as
the National Park Service General Authorities Act) (16 U.S.C.
1a-7(b)); and
(2) other applicable laws.
(b) Cost Share.--The management plan shall include
provisions that identify costs to be shared by the Federal
Government, the State, and the city, and other public or
private entities or individuals for necessary capital
improvements to, and maintenance and operations of, the park.
(c) Submission to Congress.--On completion of the
management plan, the Secretary shall submit the management
plan to--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
SEC. 6. COLTSVILLE NATIONAL HISTORICAL PARK ADVISORY
COMMISSION.
(a) Establishment.--There is established a Commission to be
known as the Coltsville National Historical Park Advisory
Commission.
(b) Duty.--The Commission shall advise the Secretary in the
development and implementation of the management plan.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 11
members, to be appointed by the Secretary, of whom--
[[Page H6835]]
(A) 2 members shall be appointed after consideration of
recommendations submitted by the Governor of the State;
(B) 1 member shall be appointed after consideration of
recommendations submitted by the State Senate President;
(C) 1 member shall be appointed after consideration of
recommendations submitted by the Speaker of the State House
of Representatives;
(D) 2 members shall be appointed after consideration of
recommendations submitted by the Mayor of Hartford,
Connecticut;
(E) 2 members shall be appointed after consideration of
recommendations submitted by Connecticut's 2 United States
Senators;
(F) 1 member shall be appointed after consideration of
recommendations submitted by Connecticut's First
Congressional District Representative;
(G) 2 members shall have experience with national parks and
historic preservation;
(H) all appointments must have significant experience with
and knowledge of the Coltsville Historic District; and
(I) 1 member of the Commission must live in the Sheldon/
Charter Oak neighborhood within the Coltsville Historic
District.
(2) Initial appointments.--The Secretary shall appoint the
initial members of the Commission not later than the earlier
of--
(A) the date that is 30 days after the date on which the
Secretary has received all of the recommendations for
appointments under paragraph (1); or
(B) the date that is 30 days after the park is established.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a term of
3 years.
(B) Reappointment.--A member may be reappointed for not
more than 1 additional term.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(e) Meetings.--The Commission shall meet at the call of--
(1) the Chairperson; or
(2) a majority of the members of the Commission.
(f) Quorum.--A majority of the Commission shall constitute
a quorum.
(g) Chairperson and Vice Chairperson.--
(1) In general.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the
Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(3) Term.--A member may serve as Chairperson or Vice
Chairperson for not more than 1 year in each office.
(h) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Members of the Commission shall serve
without compensation.
(B) Travel expenses.--Members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duty of the
Commission.
(2) Staff.--
(A) In general.--The Secretary shall provide the Commission
with any staff members and technical assistance that the
Secretary, after consultation with the Commission, determines
to be appropriate to enable the Commission to carry out the
duty of the Commission.
(B) Detail of employees.--The Secretary may accept the
services of personnel detailed from the State or any
political subdivision of the State.
(i) FACA Nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(j) Termination.--
(1) In general.--Unless extended under paragraph (2), the
Commission shall terminate on the date that is 10 years after
the date of the enactment of this Act.
(2) Extension.--Eight years after the date of the enactment
of this Act, the Commission shall make a recommendation to
the Secretary if a body of its nature is still necessary to
advise on the development of the park. If, based on a
recommendation under this paragraph, the Secretary determines
that the Commission is still necessary, the Secretary may
extend the life of the Commission for not more than 10 years.
SEC. 7. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated $10,000,000 for the
development of the park.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the Virgin Islands (Mrs. Christensen) and the gentleman from Washington
(Mr. Hastings) each will control 20 minutes.
The Chair recognizes the gentlewoman from the Virgin Islands.
General Leave
Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the Virgin Islands?
There was no objection.
Mrs. CHRISTENSEN. Mr. Speaker, H.R. 5131 was introduced by the
gentleman from Connecticut (Mr. Larson) in April 2010. This bill would
establish Coltsville National Historic Park on the former site of the
Colt Fire Arms Company in Hartford, Connecticut.
H.R. 5131 would create the park as part of a collaborative
partnership between willing public and private landowners in the
Coltsville historic district. It would also help revitalize one of
Hartford's most economically challenged neighborhoods with new
investments.
A study conducted by the National Park Service found Coltsville to be
of national significance but identified several technical challenges.
Congressman Larson has worked with the committee and the National Park
Service to include provisions in the bill addressing all of the
agency's concerns. Mr. Larson is to be commended for his hard work on
this legislation. This bill is good for the people of Connecticut, and
it is good for our National Park System. I support H.R. 5131.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, H.R. 5131 proposes to create a new unit of the National
Park System honoring the Colt family and their contribution to our
Nation through the innovation of precision manufacturing.
Unfortunately, Mr. Speaker, there has been so little precision,
apparently, in developing this legislation, that even the National Park
Service has opposed the bill.
I know the sponsor of this bill has worked extremely hard on this
legislation, but the National Park Service conducted a study on this
proposal and found that although the Coltsville site is ``nationally
significant,'' there are so many unresolved issues that they were
unable to conclude that the park proposal is feasible. In fact, they
were unable to determine which parts of the site they would own or even
manage.
Further complicating this proposal, the Park Service found--or rather
I should say didn't find--that the public would have basic access to
the site because it is under private ownership, among a variety of
parties, including 55 condominiums and nine cottages.
It probably goes without saying that visitors to this park would want
to see the factory where the famous revolvers and other firearms were
produced. Upon their arrival, they will probably be very disappointed
because, quoting the Park Service, ``no commitments to permit visitors
internal access to the Colt Fire Arms factory building currently
exist.''
How about a stop at the historic home of Samuel Colt? It is now a
private, multiunit residential complex whose owners have determined
that visitors touring through their homes would be, as the Park Service
report states, ``problematic.''
Regardless of the will of these property owners, this legislation
would create Federal boundaries around their property and raise serious
questions about whether their property rights are being violated. We
talked about that a few times earlier today. This is yet another reason
why this bill in my view is not ready to move today.
In addition to the Park Service report, the agency testified in June
on this legislation, and to quote from that testimony: ``The department
does not support enactment of this legislation due to the uncertainty
associated with the ownership and long-term financial sustainability of
the Coltsville development project.''
They continue, ``In concert with the lack of feasibility, the study
was also unable to determine the need for the National Park Service
management, or specifically which resources the National Park Service
would manage.''
As a very basic matter of priorities, I would remind my colleagues
that the National Park Service already has a $9 billion maintenance
backlog. Authorizing $10 million more for a new park that the Park
Service doesn't believe is feasible to me makes no sense.
The American public is pleading for this Congress to stop out-of-
control spending. While the concept and the intent behind this proposal
may have merit, and I think it does have merit, we need to also
acknowledge that the taxpayers will be on the hook for millions of
dollars in rehabilitation costs just to prepare this site for visitors,
if the visitors could get in, plus additional millions to manage the
site from now to eternity.
Mr. Speaker, I remind my colleagues that at the request of this
Congress,
[[Page H6836]]
the National Park Service conducted a study on this proposal and found
substantial obstacles to it becoming a successful park. They reiterated
that in testimony in June in front of the Natural Resources Committee.
While this proposal may have its day, and I think it should have its
day because of the historical significance of the Colt factory, in my
view we are not there yet. So I urge my colleagues to oppose this
legislation.
I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I am pleased to yield such time as he
may consume to the chair of our caucus, the Honorable John Larson from
Connecticut.
Mr. LARSON of Connecticut. I thank the gentlelady from the Virgin
Islands, and I thank my colleague from Washington. I can't wait to
invite him up to Coltsville so he will see the accessibility and be
exposed to what is part of this Nation's industrial revolution and part
of our DNA when it comes to manufacturing.
The gentleman points out clearly that the National Park Service has
established its national significance. Its national significance, I
think, is worth going into in as much as I don't think all of our
colleagues here are aware of the great effort of Samuel Colt and
actually his wife Elizabeth who managed the company for 39 years after
his death. And even though she couldn't vote, managed one of the
Nation's top companies that would have been then a Fortune Five company
in this Nation. Indeed, its spawned the industrial revolution here. And
as a lot of people know from the Colt signature iconic name, it was the
gun that won the West. And I hope it wins your hearts today because
along with recognizing its national historic significance and its
suitability within the park system, it was modeled after what are
difficult things for urban areas.
{time} 1550
Unlike a lot of people out West who have spacious land, we are
limited. This would be Connecticut's only national park because of its
historic significance and also because of its economic significance.
Hartford is the fourth poorest city in the Nation. Yes, there were
obstacles that were put out in front over the last several years and
then specifically in testimony. So, along with the committee, we sat
down and worked through those issues.
The issues centered mainly around the third criterion, knowing it was
nationally significant, that it was suitable within the scheme of
things, and that it followed the precedent established in Lowell,
established in Rosie the Riveter in California, and then also, most
recently, established in 2010 with Patterson Falls. It follows all of
those criteria, but it goes beyond that for exactly the points that the
gentleman raises. This is why I think it is so important and why I
encourage the dialogue.
We were on the phone with the National Park Service. They have no
objection to this because this meets all of those criteria and those
concerns. What are they?
First and foremost, the gentleman is correct, any time you are in an
urban area, you are going to enter into different property rights
concerns than you would in an area which is less congested, shall I
say. The point is this:
Between all of the participants, including the Governor of the State,
our economic development commission, the city of Hartford, their
economic development commission, and the more than 88 property owners,
everything was individually worked out. All are welcoming this with
great pride and with the understanding of what this will mean to their
city and with the understanding of what Coltsville and Elizabeth and
Sam Colt mean to the State of Connecticut. This is, perhaps, not
important to everybody here; but in a small State and in a small city
that is economically depressed, it is enormously important.
The gentleman raises the point that there were feasibility questions
raised. There were. The developer has been replaced with a major and
significant developer who has the feasibility and capability. A cap has
been placed on any potential liability and cost for the National Park
Service, which is another important hurdle, I dare say, which is not in
most pieces of legislation. It is also with the understanding that the
Park Service has veto power over this legislation, even though all of
the hurdles have been addressed, should it prove not to be economically
feasible.
So I would plead with my colleague. I know, perhaps, in terms of the
norm of national parks in an urban setting that in a congested and
densely populated area like Connecticut, it's not going to meet a lot
of those criteria. There are going to be property concerns. Though, you
can go bipartisanly within your State, work with all the development
authorities, go within the neighborhoods, work with everybody in the
neighborhood, and then can look at this historic significance. Henry
Ford went there to make sure he studied the assembly line. Pratt &
Whitney were both apprentices there. It spawned the typewriter, the
bicycle. The automobile we can even take credit for, though we are here
to talk about the significance and the importance of this historic
landmark.
The urgency is that this structure, the 10,000 square feet that
actually the Park Service would be in charge of, is in desperate need,
in urgent need. It should have been passed years ago. This is a tough
process. We have worked--and I really implore my colleagues, and many
of you know this from having gone through this locally--to have every
local entity, down to the basic property holder, sign off on this
enthusiastically, to experience all of the different hurdles that we
have had to overcome and to go forward bipartisanly with the Governor
of the State of Connecticut. I think it underscores how important this
is to our great State of Connecticut.
With that, Mr. Speaker, I would urge its passage.
I understand the concerns that you have raised, but the Park Service
has absolute veto power over that, and I think we in good faith have
met every single one of those concerns. It is my hope that any
disagreement or lack of understanding that has transpired can be
overcome. Yet the urgency of this passage, of its importance and
significance, I'd say to my good colleague and friend, is truly
important to the people of the State of Connecticut.
Mr. HASTINGS of Washington. Will the gentleman yield?
Mr. LARSON of Connecticut. I yield to the gentleman.
Mr. HASTINGS of Washington. We may as well have a discussion here. If
you need time, I will yield the time.
First of all, I can see the passion that the gentleman has on this
issue. Coming from the West, where that manufacturing facility won the
West, I can understand that and respect that, but I do want to point
out that there is a process here.
We had a hearing on this in June. The Park Service expressed their
concerns here in testimony. I quoted part of those concerns. They
expressed their concerns, and we expressed some concerns that we may
have had because the private property aspect to it was part of the
dialogue. We marked the bill up in July, once again, expressing our
concerns.
I am one who respects when Members want to put something in their
districts. Listen, they know their districts better than anybody else,
and they should be given a lot of leeway; but there is a
responsibility, if we are going to have national input, to know what
the facts are so that we can respond accordingly, as it is not just the
citizen taxpayers of Connecticut who are funding this; it is the
taxpayers of the 50 States, so we need to have some answers.
Now, this bill was put on the suspension calendar last night. I have
checked with my staff. We have yet to hear from the Park Service as to
if it has changed its mind or not. You alluded to that fact, but we
haven't gotten anything at all.
The gentleman knows that the approval rating of this Congress is
very, very low, and it is precisely for these reasons. Even though we
don't have the answers, albeit on a project that is small in terms of
the overall scope of the Federal Government, it deserves to have
answers, especially when we have been working on this. You said that
you've been working on it, I think, if not publicly, then in private
conversations for at least 10 years. These concerns that we have raised
go back to this summer. They should at least be raised or answered, and
they have not been adequately answered.
[[Page H6837]]
So, in the waning days of this session, I will tell the gentleman
that I am more than willing to work with him, if this does not pass the
Congress this year, to get these things resolved so that, indeed, we
can memorialize that factory. Yet, with the information I have right
now, I respectfully say to my friend that we have focused on the Park
Service, but there is a cost associated with this, which I alluded to
in my opening remarks, and there is a private property aspect. Those
are all important issues.
With that, I thank the gentleman for yielding, but I have to say that
I oppose this, and I am going to urge my colleagues to vote ``no,''
though I certainly want to revisit this sometime in the future so we
can get this legislation passed.
Mr. LARSON of Connecticut. I thank the gentleman for his comments.
The future for the city of Hartford and for Coltsville is now, and
the sense of urgency is upon us. My good friend and colleague from
Washington State is an honest broker and an independent person.
I appreciate your comments and everything that you attributed to my
enthusiasm and zeal. Let me say that that extends to the people of the
State of Connecticut, as I indicated in a nonpartisan way, who are very
much committed to this.
The gentleman is correct that at the hearing, which I believe was in
June, these issues were raised. We then sat down with the Park Service,
and we addressed every one of their concerns. Representative Grijalva
then introduced an amendment that we felt addressed those concerns as
well.
{time} 1600
In the push-and-shove of business here in Congress and on the floor,
I understand sometimes in the process--and certainly the gentleman is
correct in making process points. I just would say that this goes
beyond process in terms of what it means.
We are a small State, Connecticut, but a very proud State. This is a
project--certainly, everybody recognizes--that has national
significance and historic value and deserves to be preserved. The
problem is that postponing it yet again doesn't work.
And so I understand your position, but I would implore people on the
other side of the aisle. If you were in a similar situation--and
understanding all the fiscal responsibility that we have as a Congress,
and to say that you have ultimate veto power that you give to the
National Park Service that the project cannot go forward unless
everything has been met--and the State, its economic development
authority, the City of Hartford, its municipality authority, all the
property owners all embrace this and have done so enthusiastically. And
the National Park Service has signed off on it, they told me.
I respect what the gentleman said, you haven't received that. That's
unfortunate and unfair. I know you don't doubt my word, and I certainly
don't doubt yours. I can only ask and implore that you support this,
what I think is a very important and nationally significant bill.
Mr. HASTINGS of Washington. Mr. Speaker, I have made my points on
this. I appreciate the gentleman's input, but I stand by my opening
remarks on this just because we haven't got the information. So I urge
my colleagues to vote ``no'' on this.
Mr. Speaker, I yield back the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I urge my colleagues on both sides of
the aisle to support this important legislation.
I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Langevin). The question is on the motion
offered by the gentlewoman from the Virgin Islands (Mrs. Christensen)
that the House suspend the rules and pass the bill, H.R. 5131, as
amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________