[Senate Report 105-400]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 628
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-400
_______________________________________________________________________


 
                          HYDE PARK, NEW YORK

                                _______
                                

  October 9 (legislative day, October 2), 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. 2241]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2241) to provide for the acquisition of 
lands formerly occupied by the Franklin D. Roosevelt family at 
Hyde Park, New York, and for other purposes, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill as amended do pass.

                         purpose of the measure

    The purpose of S. 2241 is to allow the Secretary of the 
Interior to acquire, with appropriated or donated funds, or by 
donation, lands that were formerly owned by Franklin D. 
Roosevelt or his family in Hyde Park, New York for addition to 
the Franklin D. Roosevelt National Historic Site or the Eleanor 
Roosevelt National Historic Site.

                          background and need

    The estate home of Franklin D. Roosevelt formerly 
encompassed approximately 1,200 acres in Hyde Park, New York. 
The National Park Service administers portions of the estate as 
the Home of Franklin D. Roosevelt National Historic Site, which 
encompasses 290 acres, and the Eleanor Roosevelt National 
Historic Site, which encompasses 180 acres. The National Park 
Service has identified additional parcels of land important to 
the preservation and restoration of the historic and scenic 
views around the two historic sites.
    Current authority for land acquisition at the park is 
limited to the acceptance of donated lands only. S. 2241 would 
expand the acquisition authority to allow the National Park 
Service to acquire lands with appropriated or donated funds.

                          legislative history

    S. 2241 was introduced June 26, 1998 by Senator Murkowski, 
at the request of the administration, and referred to the 
Committee on Energy and Natural Resources. The Subcommittee on 
National Parks, Historic Preservation, and Recreation held a 
hearing on S. 2241 on September 17, 1998.
    At its business meeting on September 24, 1998, the 
Committee on Energy and Natural Resources ordered S. 2241, 
favorably reported.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 24, 1998, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
2241, as described herein.

                           summary of s. 2241

    S. 2241 authorizes the Secretary of the Interior to acquire 
lands located in Hyde Park, New York, owned by Franklin Delano 
Roosevelt or his family at the time of his death as depicted on 
the map entitled ``F.D. Roosevelt Property Entire Park'' dated 
July 26, 1962, and numbered FDR-NHS 3008. Any land acquired 
would be administered as part of the Home of Franklin D. 
Roosevelt National Historic Site or as part of the Eleanor 
Roosevelt National Historic Site. S. 2214 authorizes the 
necessary appropriations to carry out this Act.

                   cost and budgetary considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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. 2241. 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. 2241, as ordered reported.

                        executive communications

    S. 2241 was introduced at the request of the 
Administration. On March 11, 1998, the Department of the 
Interior transmitted a letter to the Energy and Natural 
Resources Committee requesting that the bill be introduced and 
passed. A copy of the letter, and the testimony of the National 
Park Service follows:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                      Washington, DC, May 26, 1998.
Hon. Albert Gore, Jr.,
President of the Senate,
Washington, DC.
    Dear Mr. President. Enclosed is a draft bill ``To provide 
for the acquisition of lands formerly occupied by the Franklin 
D. Roosevelt family at Hyde Park, New York, and for other 
purposes.''
    We recommend the bill be introduced referred to the 
appropriate committee, and enacted.
    The purpose of the legislation is to allow the Secretary of 
the Interior to acquire lands and interests therein that were 
owned by Franklin Delano Roosevelt or his family at the time of 
his death, as depicted on the map referenced in the bill, by 
means of purchase using appropriated or donated funds, by 
donation, or exchange. The lands would be added to and managed 
as part of the Home of Franklin D. Roosevelt National Historic 
Site or the Eleanor Roosevelt National Historic Site.
    This would expand the current acquisition authority at the 
Home of Franklin D. Roosevelt National Historic Site. Currently 
the Secretary's authority to acquire land owned by FDR or his 
family at the time of his death is by means of donation only. 
The National Park Service's priority at the site would continue 
to be land acquisition by donation. With regard to the property 
where Roosevelt's Top Cottage is situated, the National Park 
Service would acquire such property by donation only. This 
bill, upon enactment, would allow the use of appropriated funds 
for purchase of lands where donation is infeasible.
    The Office of Management and Budget has advised that there 
is no obligation to the enactment of the enclosed draft 
legislation from the standpoint of the Administration's 
program.
            Sincerely,
                                      Donald Barry,
                             Acting Assistant Secretary for
                                       Fish and Wildlife and Parks.
                                ------                                


 Statement of Destry Jarvis, Assistant Director for External Affairs, 
           National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before the Subcommittee today to present the Department of the 
Interior's views on S. 2241, a bill to provide for the 
acquisition of certain lands formerly occupied by the Franklin 
D. Roosevelt Family. The Department supports this legislation 
as currently written.
    S. 2241 would authorize the National Park Service to 
acquire, by purchase with donated or appropriated funds, 
donation, or otherwise, lands or interests in lands in the 
properties located at Hyde Park, New York, that were owned by 
President Franklin D. Roosevelt or his family at the time of 
his death.
    The Home of Franklin D. Roosevelt National Historic Site 
preserves the estate and memorial gravesite of the only four-
term president of the United States and one of the pivotal 
figures of the 20th Century. Here and at the Eleanor Roosevelt 
National Historic Site, which the National Park Service also 
administers and manages in Hyde Park, New York, the National 
Park Service seeks to enhance public understanding of the life 
and work of Franklin D. Roosevelt and Eleanor Roosevelt. The 
estate, named ``Springwood'' by the family, held a special spot 
in the heart and mind of the President. Both he and Eleanor 
chose the family rose garden as their final resting place and 
personal memorial. The preservation of the cultural landscape 
and viewshed that so influenced President Roosevelt is as 
important as the preservation of the structures and 
collections.
    The lands of Franklin D. Roosevelt formerly encompassed 
approximately 1200 acres in the Town of Hyde Park, Dutchess 
County, New York. The National Park Service currently 
administers portions of this estate as the Home of Franklin D. 
Roosevelt National Historic Site (290 acres) and Eleanor 
Roosevelt National Historic Site (180 acres). The National Park 
Service in its 1989 land protection plan identified additional 
lands as important to preserving the character of the historic 
sites as well as for the preservation and restoration of 
historic and scenic viewsheds to and from the sites. The land 
protection plan is consistent with the park's 1977 approved 
master plan.
    President Roosevelt's 1948 deed of property to the United 
States stipulates that views of the Hudson River will be 
maintained. These views are currently obscured by vegetation on 
such tracts as the open park Hodhome Tract--a 57-acre parcel 
located between the Roosevelt home and the Hudson River, which 
has been the subject of a large commercial development proposal 
and is not fully protected from similar proposals in the 
future. In addition, several adjacent former Roosevelt 
properties are vulnerable to development. Development of these 
properties, under existing zoning policies, would seriously 
impact both historic sites. Under existing law, the park can 
only acquire property by donation. The owners of the 
properties, however, have not indicated a willingness to donate 
these lands. Where lands can be acquired through donation, such 
as the Top Cottage property (approximately 36 acres), the 
national park will strive to acquire them using appropriated 
funds. Land acquisition would be subject to the availability of 
funding for NPS priorities.
    Enactment of this legislation would give the National Park 
Service greater acquisition authority and would enable the 
Service to further its mission to preserve these historic 
resources and viewsheds.
    This concludes my remarks, I would be happy to answer any 
questions.

                        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 S. 2241, as ordered 
reported.