[Congressional Record (Bound Edition), Volume 160 (2014), Part 13]
[Senate]
[Pages 18900-18901]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  FIRST STATE HISTORICAL NATIONAL PARK

  Mr. CARPER. Mr. President, I ask unanimous consent to engage in a 
colloquy with the chair of the Energy and Natural Resources Committee, 
Senator Landrieu, concerning the authorization of the First State 
National Historical Park that was included within H.R. 3979, the 
National Defense Authorization Act.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CARPER. As the chairman is aware, our staffs worked diligently 
with property owners and other stakeholders in the drafting of the 
language authorizing the First State National Historical Park within 
H.R. 3979. The authorization includes language that redesignates the 
sites currently within the boundary of the First State National 
Monument and authorizes four additional sites--the Old Swedes Church, 
Fort Christina, the John Dickinson Plantation, and the Ryves Holt 
House--to be included within the boundary of the new First State 
National Historical Park. The language authorizes the National Park 
Service to acquire the listed additional sites only under very specific 
parameters, including by purchase from a willing seller; by exchange, 
which can only be achieved if the property owner consents; or by 
donation. No lands or interests in land can be acquired by 
condemnation, so no landowner can be forced to sell their property for 
inclusion in the park. To further clarify our intent, the legislation 
references a map outlining the boundaries for each of the eligible 
sites.
  I would like to ask the Chair of the Committee on Energy and Natural 
Resources whether she agrees with my intent and understanding of the 
language authorizing the First State National Historical Park within 
H.R. 3979 in that no additional property can be included in the 
boundaries of the park until the U.S. government has acquired the 
property, and furthermore, that no property can be acquired--either in 
fee title or an interest in land, such as an easement--unless acquired 
from a landowner who willingly desires to sell or donate. I would also 
like to ask the chairman if it is her understanding that none of these 
properties could be acquired for inclusion within the boundaries of the 
park by the exercise of Federal power of eminent domain?
  Ms. LANDRIEU. I want to thank the Senator from Delaware for raising 
these important issues. I agree with his understanding and description 
of the land acquisition provisions for the First State National 
Historical Park within H.R. 3979, that the language does not permit 
condemnation, so that the only way a specific property can be acquired 
by the Federal Government is through a voluntary sale by the landowner.

[[Page 18901]]


  Mr. CARPER. I thank the Senator from Louisiana for her comments and 
her leadership on this issue. I also would like to thank the committee 
staff, especially David Brooks, for all the hard work they have done 
over the years to make a national park a reality in Delaware.

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