[Senate Report 105-328]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 571
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-328
_______________________________________________________________________


 
       WEIR FARM NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 1990

                                _______
                                

               September 14, 1998.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                         [To accompany S. 1718]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1718) to amend the Weir Farm National 
Historic Site Establishment Act of 1990 to authorize the 
acquisition of additional acreage for the historic site to 
permit the development of visitor and administrative facilities 
and to authorize the appropriation of additional amounts for 
the acquisition of real and personal property, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 2, strike line 21, through page 3, line 11 and insert in 
lieu thereof the following:
          `` `(2) Development.--The Secretary shall keep development of 
        the property acquired under paragraph (1) to a minimum so that 
        the character of the acquired property will be similar to the 
        natural and undeveloped landscape of the property described in 
        subsection (b).' ''.

                         Purpose of the Measure

    The purpose of S. 1718, as ordered reported, is to amend 
the enabling Act for Weir Farm national historic Site to 
authorize the Secretary of the Interior to purchase 
approximately 15 acres of land and to increase the 
authorization ceiling from $1,500,000 to $4,000,000.

                          Background and Need

    J. Alden Weir, an American impressionist painter, summered 
at Weir Farm, near Wilton, Connecticut, for nearly 40 years. 
The 60-acre site includes Weir's home, studio, barns, a visitor 
center and a second studio built by sculptor, Mahonri Young. 
The landscape that surrounds the area served as subject matter 
for many of Weir's paintings. Visitors can now stand where the 
artist set up his easel and compare paintings with the scenes 
that inspired him. Weir Farm National Historic Site was 
established by an Act of Congress (Public Law 101-485) on 
October 31, 1990.
    This legislation would authorize the National Park Service 
to purchase, through donated or appropriated funds, 15 acres 
which are adjacent to the existing park boundary. The acreage 
is privately-owned and mostly undeveloped except for one house 
which, under park plans, would be converted to a new visitor 
center, administrative facilities and art gallery. The park's 
General Management Plan identified this 15-acre tract as an 
appropriate site to build facilities while maintaining the 
integrity of the surrounding landscape. The addition of the 
property and facilities would provide the National Park Service 
with the opportunity to display, for the public, paintings by 
Weir and other artists.

                          Legislative History

    S. 1718 was introduced by Senators Lieberman and Dodd on 
March 5, 1998 and referred to the Committee on Energy and 
Natural Resources. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 1718 on July 
16, 1998.
    At its business meeting on July 29, 1998, the Committee on 
Energy and Natural Resources ordered S. 1718, favorably 
reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 29, 1998, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 1718, if 
amended as described herein.

                          Committee Amendment

    During the consideration of S. 1718, the Committee adopted 
an amendment which removes the statutory limits on the number 
of parking spaces, the restrictions on the nature of allowable 
retail items, and the prohibition against selling food.

                           Summary of S. 1718

    S. 1718 amends Public Law 101-485 (the enabling Act for the 
Weir Farm National Historic Site) to authorize the Secretary of 
the Interior to purchase up to 15 acres of privately-owned 
lands to develop a visitor center and administrative 
facilities. The park's boundary would be expanded to 
includethese lands. S. 1718 directs the Secretary to keep the 
development of the property to a minimum in order to maintain a natural 
and undeveloped landscape; and enter into one or more agreements with 
the towns of Ridgefield and Wilton, Connecticut prior to development of 
any facilities.
    The Committee understands that the town of Ridgefield and 
the National Park Service have worked closely together to 
ensure that the development of the visitor center will not 
unduly impact the town and local traffic. The Committee notes 
that the Park Service and town have agreed to several specific 
conditions for the development, including limitations on 
parking and food sales. It is the Committee's understanding 
that the Park Service will incorporate these agreements into 
its development plan for the visitor center.
    S. 1718 increases the park's land acquisition authorization 
ceiling from $1,500,000 to $4,000,000.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 13, 1998.
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. 1718, a bill to 
amend the Weir Farm National Historic Site Establishment Act of 
1990 to authorize the acquisition of additional acreage for the 
historic site to permit the development of visitor and 
administrative facilities and to authorize the appropriation of 
additional amounts for the acquisition of real and personal 
property.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          June E. O'Neil, Director.
    Enclosure.

S. 1718--A bill to amend the Weir Farm National Historic Site 
        Establishment Act of 1990 to authorize the acquisition of 
        additional acreage for the historic site to permit the 
        development of visitor and administrative facilities and to 
        authorize the appropriation of additional amounts for the 
        acquisition of real and personal property

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 1718 would cost the federal 
government between $4 million and $9 million over the next five 
years and less than $500,000 annually thereafter. The bill 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. S. 1718 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    S. 1718 would authorize the National Park Service (NPS) to 
acquire up to 15 acres of land near the Weir Farm National 
Historic Site to construct visitor and administrative 
facilities. The acquired land would be added to the boundary of 
the historic site. The bill would require that the NPS, before 
developing this land, execute agreements with local authorities 
for providing parking and managing bus traffic. Finally, the 
bill would increase the limit on appropriations for land 
acquisition at the site from $1.5 million to $4 million.
    CBO estimates that purchasing additional land near Weir 
Farm would cost between $0.8 million and $2 million, depending 
on the number of acres the NPS chooses to acquire and on the 
property's value, which will be determined by future 
appraisals. We estimate that the cost of constructing visitor 
and administrative facilities on the acquired site would be 
about $7 million. According to the NPS, private organizations 
could finance as much as one-half of this amount; if so, the 
federal share of the project would be about $3.5 million. 
Federal receipts would probably not be affected because these 
organizations would likely provide their contribution to the 
project directly or in kind. CBO estimates that annual costs to 
operate the new facilities would be between $300,000 and 
$400,000, beginning after fiscal year 2003. These estimates are 
based on information provided by the NPS and assume 
appropriation of the necessary amounts.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Robert A. Sunshine, Deputy 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. 1718. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
significant economic 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 
enactment of S. 1718, as ordered reported.

                        Executive Communications

    The testimony of the Department of the Interior at the 
Subcommittee hearing follows:

  Statement of Denis Galvin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 1718, a bill to amend 
the Weir Farm National Historic Site Establishment Act of 1990. 
We support enactment of S. 1718 with two amendments outlined in 
our testimony.
    Weir Farm was established in 1990 to protect and to 
preserve the home and studio of J. Alden Weir. Of the 238 acres 
originally owned by Weir, the historic site is composed of 60 
acres of the most significant property. The land and structures 
are integral to the historic landscapes that inspired the 
artist. It is inappropriate to use this prime, historic setting 
for administrative purposes.
    Open for only a few years, Weir Farm is already a popular 
cultural tourism destination. To serve visitors while 
protecting the historic integrity of its cultural landscape, 
Weir Farm needs modest off-site administrative and visitor 
facilities. The recently adopted general management plan 
identified approximately 15 acres of suitable nearby lands, 
available from willing sellers. The National Park Service has 
subsequently analyzed several of these parcels in detail, and 
has developed a preliminary site plan for the new facilities, 
which would adaptively reuse a 1950s era house and property. 
Visitor traffic would be intercepted at this site, much closer 
to the main approach road, thus nearly eliminating visitor 
traffic from the narrow, winding road that continues on to the 
historic site. The quiet pastoral landscape of this artist's 
retreat will not be spoiled by cars and tour buses parking 
along a narrow road bordered by stone walls. Details of the 
site plan have been developed in full consultation with 
neighbors and appropriate local regulatory bodies.
    The National Park Service and the townspeople of 
neighboring Ridgefield, Connecticut have developed a strategy 
for accommodating visitor and administrative services. Many 
elements of that strategy are contained in this legislation. 
This effort is the result of extensive work between Park 
Service staff and the citizens of a small town. It represents 
an excellent cooperative relationship with a gateway community.
    Weir Farm's General Management Plan (GMP) was adopted after 
a full environmental impact study and consultation process. 
This legislation enables implementation of this carefully 
conceived GMP.
    In addition to authorizing the acquisition of additional 
land, S. 1718 would require that an agreement be established 
between the Secretary and the town of Ridgefield for the 
purpose of developing parking and facilities, and managing bus 
traffic to the site, consistent with the development objectives 
of the town.
    The bill is specific in these details, in part, because the 
surrounding community wants to be assured that its values are 
respected in the resulting development. There is understandable 
concern that traffic and the flow of visitors not adversely 
affect the surrounding neighborhood.
    It is important to note that while all of these limitations 
are consistent with the General Management Plan, we feel that 
detailed issues of parking capacity and bus flow should be 
addressed in the above-referenced agreement with the town, 
rather than the legislation. Consequently, we recommend that 
the language specifying the details of parking lot size, bus 
traffic and sale of food be deleted.
    We have two reasons for this amendment. One, we want to 
avoid the necessity of coming back to Congress to request minor 
changes in parking and traffic management that both the town 
and the Park Service may agree are necessary in the future. 
Two, we do not want to set a precedent for other NPS areas, 
where future legislation would dwell on minute details of park 
management. Times change, visitor-use trends change and 
protection strategies require even-higher levels of 
sophistication. Casting detailed provisions for park management 
in law impedes our ability to respond effectively as conditions 
evolve.
    There are always incremental decisions and adjustments when 
a project like this is constructed in a sensitive area. To try 
to legislate all of this in advance is neither practical nor 
necessary.
    This point can be illustrated by making a clarifying 
observation regarding parking capacity. Our ongoing 
understanding with the town envisions a 30-space visitor 
parking area, with an additional administrative parking area. 
The bill before us requires that any parking area constructed 
for the visitor and administrative facilities shall not exceed 
30 spaces. We believe this is an inadvertent error, as original 
language, forwarded from the town of Ridgefield to the 
delegation recognized provision for the administrative spaces.
    We also recommend that S. 1718 include an amendment to 
remove a restriction contained in the 1990 enabling 
legislation, prohibiting the use of federal funds to buy art at 
Weir Farm. This is the only enabling legislation that prohibits 
government purchase of related art.
    At Saint Gaudens National Historic Site, the only other 
park in the system with the primary purpose of preserving an 
American artist's home and studio, federal funds have been used 
very sparingly over the decades to help generate many important 
gifts of Saint Gaudens' work that have come to the site.
    By design, the art collection at Weir Farm will be 
developed largely through donations by the primary nonprofit 
park-operating partner, the Weir Farm Heritage Trust. However, 
it is important to the purposes of this historical park to be 
able to leverage significant private donations with the use of 
modest federal funding.
    Displaying art produced at Weir Farm, or by its artist 
residents, is central to the park mission and a significant 
feature of the General Management Plan.
    Mr. Chairman, that concludes our written testimony. I will 
be glad to answer any questions you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1718, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

(Public Law 101-485, October 31, 1990)

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SEC. 4. ESTABLISHMENT OF WEIR FARM NATIONAL HISTORIC SITE.

           *       *       *       *       *       *       *


    (b) Description.--The historic site shall consist of--
          (1) the approximately 2 acre core parcel containing 
        the Weir house, studio, and barn; and
          (2) the approximately 60 acres and improvements 
        thereon owned by the State of Connecticut; both as 
        generally depicted on a map entitled ``Land Ownership 
        Map, Weir Farm Historic Site'', Figure 5, dated October 
        1989, as contained in the National Park Service Weir 
        Farm Suitability/Feasibility Study, February, 1990. 
        Such map shall be on file and available for public 
        inspection in the appropriate offices of the National 
        Park Service.

           *       *       *       *       *       *       *

    (d)  Acquisition of Land for Visitor and Administrative 
Facilities; Limitations.--
          (1) Acquisition.--
                  (A)  In general.--To preserve and maintain 
                the historic setting and character of the 
                historic site, the Secretary may acquire not 
                more than 15 additional acres for the 
                development of visitor and administrative 
                facilities for the historic site.
                  (B) Proximity.--The property acquired under 
                this subsection shall be contiguous to or in 
                close proximity to the property described in 
                subsection (b).
                  (C) Management.--The acquired property shall 
                be included within the boundary of the historic 
                site and shall be managed and maintained as 
                part of the historic siste.
          (2)  Development.--The Secretary shall keep 
        development of the property acquired under paragraph 
        (1) to a minimum so that the character of the acquired 
        property will be similar to the natural and undeveloped 
        landscape of the property described in subsection (b).
          (3) Agreements.--Prior to and as a prerequisite to 
        any development of visitor and administrative 
        facilities on the property acquired under paragraph 
        (1), the Secretary shall enter into 1 or more 
        agreements with the appropriate zoning authority of the 
        town of Ridgefield, Connecticut, and the town of 
        Wilton, Connecticut, for the purposes of--
                  (A) developing the parking, visitor, and 
                administrative facilities for the historic 
                site; and
                  (B) managing bus traffic to the historic site 
                and limiting parking for large tour buses to an 
                offsite location.

           *       *       *       *       *       *       *


SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purpose of this Act, except that not 
more than ($1,500,000 may) $4,000,000 be appropriated for the 
acquisition of real and personal property.

                                
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