[Senate Report 107-182]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 450
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-182

======================================================================



 
   RENAMING WOLF TRAP FARM PARK AS ``WOLF TRAP NATIONAL PARK FOR THE 
               PERFORMING ARTS,'' AND FOR OTHER PURPOSES

                                _______
                                

                 June 26, 2002.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 2440]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 2440) to rename Wolf Trap Park as ``Wolf 
Trap National Park for the Performing Arts,'' and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                                Purpose

    The purpose of H.R. 2440 is to rename Wolf Trap Farm Park 
as ``Wolf Trap National Park for the Performing Arts,'' and for 
other purposes.

                          Background and Need

    Catherine Filene Shouse donated 100 acres of her Vienna, 
Virginia farmland to the U.S. Government, as well as funds to 
build a 6,800 seat theater, in order to reserve the former farm 
as a park where people could enjoy nature and the performing 
arts. Congress accepted her gift in 1966 and in 1971 Wolf 
Trap's Filene Center was built. The Wolf Trap Farm Park was 
authorized as the first National Park System unit for the 
performing arts.
    Wolf Trap Farm Park now encompasses approximately 130 acres 
of rolling countryside in Virginia. The National Park Service 
collaborates with the Wolf Trap Foundation, a 501(c)(3) non-
profit organization in a public-private partnership to offer 
cultural, natural and educational opportunities to the public. 
The National Park Service maintains the grounds of Wolf Trap 
Farm Park while the Wolf Trap Foundation selects and develops 
the educational programming, handles ticket sales, marketing, 
and publicity, and raises the necessary funds to support these 
programs.
    The name change proposed by this legislation would 
alleviate public confusion about the park's name, while 
recognizing the role this facility plays in the nation's 
natural, cultural and educational life.

                          Legislative History

    H.R. 2440, sponsored by Representative Tom Davis, was 
passed by the House of Representatives on November 28, 2001. 
The Subcommittee on National Parks held a hearing on H.R. 2440 
on February 14, 2002. The Committee on Energy and Natural 
Resources considered H.R. 2440 at its business meeting on May 
15, 2002, and ordered the bill favorably reported at its 
business meeting on June 5, 2002.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 2440.

                      Section-by-Section Analysis

    Section 1 amends the Wolf Trap Farm Park Act (Public 89-
671; 16 U.S.C. 284) to--
          (1) rename Wolf Trap Farm Park as the ``Wolf Trap 
        National Park for the Performing Arts'';
          (2) exempt Wolf Trap National Park for the Performing 
        Arts from laws, rules, and regulations that are 
        applicable solely to units of the National Park System 
        that are designated as a ``National Park''; and
          (3) require any map, publication, sign, notice, or 
        other official document or communication of the Federal 
        Government or the Wolf Trap Foundation to refer to the 
        park as ``Wolf Trap National Park for the Performing 
        Arts.''
    Section 2 makes technical corrections in the Wolf Trap Farm 
Park Act.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 11, 2002.
Hon. Jeff Bingaman,
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 H.R. 2440, an act to 
rename Wolf Trap Farm Park as ``Wolf Trap National Park for the 
Performing Arts.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for this 
estimate are Deborah Reis (for federal costs), and Marjorie 
Miller (for the state and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2440--An act to rename Wolf Trap Farm Park as ``Wolf Trap National 
        Park for the Performing Arts''

    H.R. 2440 would rename the Wolf Trap Farm Park as the Wolf 
Trap National Park for the Performing Arts. Implementing this 
change would have no significant effect on the budget of the 
National Park Service, which administers the park as a unit of 
the National Park System. The act would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    H.R. 2440 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA) because it would 
require that any sign or notice pertaining to the park refer to 
it by the complete new name--a requirement that would apply to 
signs erected by the state of Virginia. Based on information 
provided by state officials, however, CBO estimates that the 
costs of complying with this mandate would be minimal, and so 
would be well below the threshold established by UMRA ($58 
million in 2002, adjusted annually for inflation).
    Enactment for this legislation would have no other impact 
on the budgets of state, local, or tribal governments. The act 
contains no new private-sector mandates as defined in UMRA.
    On December 6, 2001, CBO transmitted a cost estimate for 
H.R. 2440 as ordered reported by the House Committee on 
Resources on November 28, 2001. The two versions of the 
legislation are identical, as are our cost estimates.
    The CBO staff contacts for this estimate are Deborah Reis 
(for federal costs), and Marjorie Miller (for the state and 
local impact). This estimate was approved by Peter H. Fontaine, 
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 H.R. 2440. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
property.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 2440.

                        Executive Communications

    The testimony provided by the National Park Service at the 
subcommittee hearing follows:

  Statement of Durand Jones, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you today to present the views of the Department of the 
Interior on S. 202 and H.R. 2440, bills that would rename Wolf 
Trap Farm Park as ``Wolf Trap National Park for the Performing 
Arts.''
    The Department supports the intent of both bills, but 
recommends the approval of H.R. 2440 as passed by the House of 
Representatives on December 11, 2001.
    A name change from ``Wolf Trap Farm Park'' to ``Wolf Trap 
National Park for the Performing Arts'' has been sought by the 
Wolf Trap Foundation as a way of increasing its visibility as a 
venue for performing arts and a part of the National Park 
System, which could potentially help with fundraising. The Wolf 
Trap Foundation has been an extraordinary partner for the park, 
bringing a high degree of professionalism to both its 
operational responsibilities and its fundraising initiatives, 
and running excellent educational and artistic programs.
    The Department agrees that changing the name of the park to 
better reflect its purpose and status makes sense. ``Wolf Trap 
Farm'' was the name of the property that became Wolf Trap Farm 
Park, but most people who live in the Washington, D.C. area 
know the park simply as ``Wolf Trap.'' The phrase ``for the 
performing arts'' is already commonly used in literature about 
the park and in advertisements for performances there. In 
addition, most units of the National Park System have the word 
``national'' in their names. For these reasons, the name ``Wolf 
Trap National Park for the Performing Arts'' is appropriate for 
this site.
    The proposal to rename Wolf Trap Farm Park as ``Wolf Trap 
National Park for the Performing Arts'' was first introduced a 
few years ago. Originally, the National Park Service was 
concerned that use of the name ``National Park'' would place 
Wolf Trap in a category of a type of park unit that implies a 
large, spectacular natural place that has a wide variety of 
attributes, often including significant historic assets. 
Additionally, we were concerned that the park could be subject 
to laws that apply only to national parks and not other units 
of the National Park System.
    Both S. 202 and H.R. 2440 successfully address these 
concerns by providing that any laws, rules, or regulations that 
are applicable solely to units of the National Park System that 
are designated as a ``national park'' shall not apply to Wolf 
Trap National Park for the Performing Arts. Both bills also 
require the use of the full name ``Wolf Trap National Park for 
the Performing Arts,'' at least for official purposes. These 
provisions help make it clear that as a ``national park for the 
performing arts,'' Wolf Trap would be in a category of its own 
within the National Park System that would be separate and 
distinct from the system's 56 national parks.
    The reason we recommend approval of H.R. 2440 as passed by 
the House is because it contains a simple requirement that 
Federal employees and Foundation employees use the new name in 
full in all official documents and communications, and that the 
full name also be used on directional signs and official signs 
and notices. S. 202, by contrast, contains a general 
prohibition on any reference to the park other than by the name 
``Wolf Trap National Park for the Performing Arts,'' which 
presents legal concerns about the ability of the Federal 
government to enforce this provision with non-Federal entities.
    Finally, the proposed name change would not change Wolf 
Trap's legal status, nor would it alter the way that the park 
is administered. The National Park Service would continue the 
same level of management and would maintain Wolf Trap to the 
same standards that have always been applied at the park.
    Mr. Chairman, the concludes my statement. I would be happy 
to respond to respond to any questions you or other committee 
members may have regarding these bills.

                        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 Act H.R. 2440, 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 89-671


 AN ACT To provide for the establishment of the Wolf Trap Farm Park in 
            Fairfax County, Virginia, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That for 
the purpose of establishing in the National Capital area a park 
for the performing arts and related educational programs, and 
for recreation use in connection therewith, the Secretary of 
the Interior is authorized to establish, develop, improve, 
operate, and maintain the [Wolf Trap Farm Park] Wolf Trap 
National Park for the Performing Arts in Fairfax County, 
Virginia. The park shall encompass the portions of the property 
formerly known as Wolf Trap Farm and Symphony Hill in Fairfax 
County, Virginia, to be donated for park purposes to the United 
States, and such additional lands or interests therein as the 
Secretary may acquire for purposes of the park by donation or 
purchase with donated or appropriated funds, the aggregate of 
which shall not exceed one hundred and forty-five acres.
    Sec. 2. The Secretary of the Interior shall administer the 
park in accordance with the provisions of section 1 of this Act 
and the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), 
as amended and supplemented, except that laws, rules, or 
regulations that are applicable solely to units of the National 
Park System that are designated as a ``National Park'' shall 
not apply to Wolf Trap National Park for the Performing Arts.

           *       *       *       *       *       *       *

    Sec. 4. (a) * * *

           *       *       *       *       *       *       *

    (c) No grants or loans may be made under this section 
unless the Secretary has entered into a written agreement with 
the Foundation under which the Foundation agrees--
          (1) * * *

           *       *       *       *       *       *       *

          (3) to maintain, during the term of the cooperative 
        agreement described in section (5), and at the 
        Foundation's expense, insurance on the Center 
        respecting such risks, in such amounts, and containing 
        such terms and conditions, as are satisfactory to the 
        Secretary.
Any repairs or reconstruction carried out with [Funds] funds 
obtained from the receipt of the proceeds of any such insurance 
shall be subject to the approval of the Secretary.

           *       *       *       *       *       *       *

    Sec. 11. As used in this Act, the term--
          (1) * * *
          (2) ``Park'' means the [Wolf Trap Farm Park] Wolf 
        Trap National Park for the Performing Arts established 
        under this Act, including the Center.
    Sec. 12. This Act may be referred to as the ``[Wolf Trap 
Farm Park] Wolf Trap National Park for the Performing Arts 
Act.''

           *       *       *       *       *       *       *


SEC. 14. REFERENCES.

    (a) By Federal Employees.--The Secretary of the Interior, 
any other Federal employee, and any employee of the Foundation, 
with respect to any reference to the park in any map, 
publication, sign, notice, or other official document or 
communication of the Federal Government or Foundation shall 
refer to the park as ``Wolf Trap National Park for the 
Performing Arts''.
    (b) Other Signs and Notices.--Any directional or official 
sign or notice pertaining to the park shall refer to the park 
as ``Wolf Trap National Park for the Performing Arts''.
    (c) Federal Laws and Documents.--Any reference in any law 
(other than this Act), regulation, document, record, map, or 
other paper of the United States to ``Wolf Trap Farm Park'' 
shall be considered to be a reference to ``Wolf Trap National 
Park for the Performing Arts''.

                                  
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