[Senate Report 104-32]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 55
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-32
_______________________________________________________________________


 
                   FRANKLIN D. ROOSEVELT FAMILY LANDS

                                _______


    April 7 (legislative day, April 5), 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 134]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 134) to provide for the acquisition of 
certain lands formerly occupied by the Franklin D. Roosevelt 
family, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. ACQUISITION OF LANDS.

    (a) In General.--(1) The Secretary of the Interior 
(hereinafter referred to as the ``Secretary'') is authorized to 
acquire, by purchase with donated or appropriated funds, 
donation, or otherwise, lands and interests therein in the 
following properties located at Hyde Park, New York identified 
as lands critical for protection as depicted on the map 
entitled ``Roosevelt Family Estate'' and dated September 1994:
          (A) the ``Open Park Hodhome Tract'', consisting of 
        approximately 40 acres, which shall be the highest 
        priority for acquisition;
          (B) the ``Top Cottage Tract'', consisting of 
        approximately 30 acres; and
          (C) the ``Poughkeepsie Shopping Center, Inc. Tract'', 
        consisting of approximately 55 acres.
    (b) Administration.--Lands and interests therein acquired 
by the Secretary pursuant to this Act shall be added to, and 
administered by the Secretary as part of the Franklin Delano 
Roosevelt National Historic Site or the Eleanor Roosevelt 
National Historic Site, as appropriate.
    (c) Authorization of Appropriations.--There is hereby 
authorized to be appropriated not to exceed $3,000,000 to carry 
out this Act.

                         purpose of the measure

    The purpose of S. 134, as ordered reported, is to provide 
for the acquisition of certain lands formerly occupied by the 
Franklin D. Roosevelt family and for other purposes.

                          background and need

    Designated as a National Historic Site in 1944, the 
Franklin D. Roosevelt estate memorializes the President's 
birthplace and lifetime residence. A gift from President 
Roosevelt, the site then consisted of 33 acres containing the 
home, outbuildings, and the grave site. The Secretary of the 
Interior accepted title to the area on November 21, 1945, when 
Eleanor Roosevelt and her children waived their life interest 
in the house and grounds. The site was formally dedicated on 
April 12, 1946.
    At the time of Franklin D. Roosevelt's death in 1945, the 
estate included 1,200 acres of woodlands, fields, tree 
plantations, and landscaped gardens; the original homesite of 
President Roosevelt; and Val-kill, the family home after the 
President's death. Throughout his adult life, President 
Roosevelt planted over 200,000 trees in plantations, orchards, 
and experimental forests. These trees can be seen today by the 
visitors who walk on the Hyde Park Trail which extends from the 
Roosevelt estate to Val-kill. Each year, thousands of visitors 
come to the Franklin D. Roosevelt National Historic Site.
    For over 45 years, the Park Service has attempted to 
preserve and interpret the homesite as it existed during 
President Roosevelt's lifetime and to protect the historic 
integrity of this nationally significant presidential home. As 
development pressures on the Franklin D. Roosevelt site have 
increased, the Park Service has taken measures to protect the 
President's homesite and, on a case-by-case basis, Congress has 
approved the purchase of a few key parcels through designated 
appropriations. Under current law, however, the Park Service is 
authorized to acquire property at the Franklin D. Roosevelt 
site only by donation, a restriction that has limited efforts 
to protect the site. Since 1945, portions of the property have 
been sold for commercial and residential development. Today 
only 480 acres of the estate's original 1,200 acres are under 
Park Service jurisdiction.
    In 1989, the Park Service updated its Land Protection Plan 
and identified several critical areas which will need either 
easements, acquisition, or other protections in order to 
preserve the historic setting of the Roosevelt home site. One 
such area is a tract called Roosevelt Cove (identified in the 
bill as the ``Open Park Hodhome Tract''). Roosevelt Cove abuts 
Park Service land and is located on the Hudson River due south 
of the estate. It once provided the only views from the 
Franklin D. Roosevelt site of the Hudson River. Unfortunately, 
the view is now shielded from the site as years of unmanaged 
over-growth have overtaken the property. Acquisition of this 
tract would enhance the interpretive experience at the site by 
highlighting the significance of the viewshed to the Roosevelt 
family.
    S. 134 would authorize the Secretary to acquire, with 
appropriated funds, three tracts that the Park Service has 
identified as critical for protection. These three tracts are 
the ``Open Park Hodhome Tract,'' consisting of approximately 40 
acres; the ``Top Cottage Tract,'' consisting of approximately 
30 acres; and the ``Poughkeepsie Shopping Center, Inc. Tract,'' 
consisting of approximately 55 acres. S. 134 would also 
designate the Open Park Hodhome tract as the highest priority 
for acquisition.

                          legislative history

    S. 134 was introduced by Senator Moynihan on January 4, 
1995.
    In the 103d Congress, similar legislation, S. 1998, was 
introduced by Senator Moynihan on March 25, 1994. The 
Subcommittee on Public Lands, National Parks and Forests held a 
hearing on S. 1998 on August 4, 1994. The National Park Service 
testified in support of the legislation as introduced. On 
September 21, 1994, the Committee on Energy and Natural 
Resources ordered S. 1998 favorably reported, with an amendment 
in the nature of a substitute. No further action was taken on 
the bill.
    At the business meeting on March 15, 1995, the Committee on 
Energy and Natural Resources ordered S. 134, as amended, 
favorably reported.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on March 15, 1995, by a majority vote of a 
quorum present, recommends that the Senate pass S. 134, if 
amended as described herein.
    The roll call vote on reporting the measure was 13 years, 3 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski                       Mr. Thomas
Mr. Hatfield \1\                    Mr. Grams
Mr. Domenici                        Mr. Burns
Mr. Craig
Mr. Campbell
Mr. Jeffords \1\
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman \1\
Mr. Akaka
Mr. Wellstone

    \1\ Indicates voted by proxy.

                          committee amendment

    During the consideration of S. 134, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
several technical and clarifying changes and limits the 
properties that the Secretary is authorized to acquire with 
appropriated funds to those lands identified by the Park 
Service as critical for protection. The amendment also limits 
new land acquisition costs to $3 million. The amendment is 
identical to the bill reported by the Committee during the 103d 
Congress.

                      section-by-section analysis

    Section 1(a) authorizes the Secretary of the Interior (the 
``Secretary'') to acquire, by purchase with donated or 
appropriated funds, donation, or otherwise, three tracts of 
land identified by the Park Service as critical for protection 
and provides an appropriate map reference. This subsection also 
requires that the Open Park Hodhome tract be the highest 
priority for acquisition.
    Subsection (b) states that lands and interests therein 
acquired by the Secretary pursuant to this Act shall be added 
to, and administered by the Secretary as part of the Franklin 
D. Roosevelt National Historic Site or the Eleanor Roosevelt 
National Historic Site, as appropriate.
    Subsection (c) authorizes the appropriation of up to 
$3,000,000 to carry out this Act.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 20, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 134, a bill to 
provide for the acquisition of certain lands formerly occupied 
by the Franklin D. Roosevelt family, and for other purposes.
    Enacting S. 134 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: S. 134.
    2. Bill title: A bill to provide for the acquisition of 
certain lands formerly occupied by the Franklin D. Roosevelt 
family, and for other purposes.
    3. Bill status: As ordered reported by the Senate Committee 
on Energy and Natural Resources on March 15, 1995.
    4. Bill purpose: S. 134 would authorize the National Park 
Service (NPS) to acquire by purchase, donation, or other means 
three properties in Hyde Park, New York. The acquired lands, 
comprising about 125 acres, would be added to one of the 
national historic sites honoring Eleanor or Franklin Delano 
Roosevelt. The bill would authorize the appropriation of up to 
$3 million for this purpose.
    5. Estimated cost to the Federal Government: The estimated 
costs of purchasing the three Hyde Park properties and for 
developing and maintaining those properties are shown in the 
following table.

------------------------------------------------------------------------
                          1996      1997      1998      1999      2000  
------------------------------------------------------------------------
Estimated                                                               
 authorization of                                                       
 appropriations.......       3.0       0.3       0.3       0.3       0.3
Estimated outlays.....       2.0       1.2       0.3       0.3       0.3
------------------------------------------------------------------------

    The costs of this bill fall within budget function 300.
    For purposes of this estimate, CBO has assumed that S. 134 
will be enacted by the end of fiscal year 1995 and that the 
full amounts estimated to be necessary will be appropriated. 
The authorization level for 1996 is the $3 million specified in 
the bill, which CBO estimates would be spent over the 1996-1999 
period to purchase the three listed properties. In addition, 
CBO estimates authorizations of $0.3 million per year in 
subsequent years to reflect the costs to develop, manage, and 
operate visitor facilities at one newly acquired property, Top 
Cottage. Outlays have been estimated on the basis of historical 
patterns for similar projects.
    6. Comparison with spending under current law: There is no 
spending under current law related to the properties cited in 
S. 134.
    7. Pay-as-you-go considerations: None.
    8. Estimated cost to State and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Deborah Reis.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 134. The bill is not a regulatory measure in 
the sense of imposing responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 134, as ordered reported.

                        executive communications

    On March 21, 1995, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 134. These reports 
had not been received at the time the report on S. 134 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 134, as ordered 
reported.
                             MINORITY VIEWS

    On March 15th, the Energy and Natural Resources Committee 
voted on five bills en bloc, reporting them as an entire 
package. Had there been an opportunity to vote on each of the 
initiatives separately, I would have voted against S. 134, the 
bill to allow the use of appropriated funds to acquire certain 
additional tracts of land at the Roosevelt National Historic 
Site in Hyde Park, New York. With no opportunity to cast a 
separate vote on S. 134, I withheld my vote on the entire 
package.
    S. 134 removes the existing stipulation that the National 
Park Service may only acquire additional property at the Hyde 
Park site by donation. Although I understand that the existing 
restriction has limited efforts to protect the site, I also 
believe Congress needs to better prioritize spending, 
particularly as it attempts to balance the federal budget.
    It seems to me that President Roosevelt, if he were here 
today, would rather see scarce dollars used to address the 
needs of the American people than devoted to the purchase of 
additional land in his honor.
                                                           Jon Kyl.