[Senate Report 109-153]
[From the U.S. Government Publishing Office]
Calendar No. 245
109th Congress Report
SENATE
1st Session 109-153
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DELAWARE NATIONAL COASTAL SPECIAL RESOURCES STUDY ACT
_______
October 19, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1627]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1627) to authorize the Secretary of the
Interior to conduct a special resources study to evaluate
resources along the coastal region of the State of Delaware and
to determine the suitability and feasibility of establishing a
unit of the National Park System in Delaware, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE OF THE MEASURE
The purpose of S. 1627 is to authorize the Secretary of the
Interior to conduct a special resources study to evaluate
resources along the coastal region of the State of Delaware and
to determine the suitability of establishing a unit of the
National Park System in Delaware.
BACKGROUND AND NEED
The coastal zone of Delaware plays an important role in the
history, culture and economy of the State. The shoreline
extends for approximately 260 miles and no part of the State is
more than 8 miles from tidal waters. The Atlantic coastline
consists of a series of barrier beaches and dunes from Cape
Henlopen to Fenwick Island. The coastal resources of Delaware
are an integral part of the State's aesthetics and economy.
Over 24 miles of sandy beaches, including 12 miles within State
parks, and a diverse array of wildlife, including 45
terrestrial, over 280 marine, and over 200 avian species, are a
part of the State's coastal zone.
The study is to include consideration of Fort Christina.
Located in present day Wilmington, Fort Christina was the first
permanent settlement in the Delaware Valley. Fort Christina
commemorates the colony of New Sweden when Peter Minuit's
expedition landed from the Swedish ships Kalmar Nyckel and
Fogel Grip about March 29, 1638.
More than 5 million people visit this area each year. The
development pressure is intense, putting additional stress on
the coastal environment. Authorization of a study is the first
step toward determining appropriate protection strategies for
this area.
LEGISLATIVE HISTORY
S. 1627 was introduced by Senators Carper and Biden on
September 7, 2005. Similar legislation, S. 2899, was introduced
by Senators Carper and Biden in the 108th Congress.
The Subcommittee on National Parks held a hearing on S.
1627 on September 22, 2005. At its business meeting on
September 28, 2005 the Committee on Energy and Natural
Resources ordered S. 1627 favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on September 28, 2005, by a voice vote of a
quorum present, recommends that the Senate pass S. 1627 as
described herein.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the bill the ``Delaware National Coastal
Special Resources Study Act.''
Section 2(a) directs the Secretary of the Interior
(Secretary) to conduct a special resources study of the coastal
region of the State of Delaware for possible inclusion in the
National Park System.
Subsection (b) provides for inclusion in the study one or
more sites, including Fort Christina.
Subsection (c) directs the Secretary to consult with the
State of Delaware, coastal region communities and the general
public in preparing and conducting the study.
Section 3 directs the Secretary to include 7 themes as part
of the study: history of indigenous people; colonization and
establishment of the frontier; founding of the Nation;
transportation; coastal defense; the Underground Railroad; and
the coastal environment.
Section 4 states that the Secretary shall provide a report
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives
containing the findings of the study not later than one year
after funds are made available.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1627--Delaware National Coastal Special Resources Study Act
S. 1627 would direct the Secretary of the Interior to
conduct a special resource study of sites in the coastal region
of Delaware to determine their national significance and to
evaluate the suitability and feasibility of including them in
the National Park System. CBO estimates that carrying out the
proposed study would cost about $150,000 over the next year,
assuming the availability of appropriated funds. Enacting S.
1627 would not affect direct spending or revenues.
S. 1627 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
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 S. 1627. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
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 the
enactment of S. 1627, as ordered reported.
EXECUTIVE COMMUNICATIONS
The views of the Administration on S. 1627 were included in
testimony received by the Committee at a hearing on the bill on
September 22, 2005 as follows:
Statement of Janet Snyder Matthews, Associate Director for Cultural
Resources, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to provide the
Department of the Interior's views on S. 1627, a bill to
authorize the Secretary of the Interior to conduct a Special
Resources Study along the coastal region of the State of
Delaware. The Department supports enactment of the legislation
with one amendment regarding the time period provided for the
study.
While the Department supports the authorization of this
study, it is important that future funding requests go towards
completing previously authorized studies. There are currently
25 studies in progress, and we hope to complete and transmit 6
to Congress by the end of 2005. Therefore, the Department will
focus the funding provided towards completing these studies.
The coastal region of the state of Delaware has a long and
distinguished history of Native American occupation, colonial
settlement and contributions to this nation's heritage. The
region was populated by the Lenni Lenape and Nanticoke tribes
before the period of European discovery. Early explorations of
Delaware's coastline were made by the Spaniards and Portuguese
in the sixteenth century, by Henry Hudson in 1609 under the
auspices of the Dutch, by Samuel Argall in 1610, by Cornelius
May in 1613, and by Cornelius Hendricksen in 1614. During a
storm, Argall was blown off course and sailed into a strange
bay, which he named in honor of his governor--Lord De La Warr.
In 1631, 11 years after the landing of the English pilgrims
at Plymouth, Massachusetts, the first white settlement was
established by the Dutch. This was followed in 1638 by the
first Swedish settlement at ``The Rocks'' on the Christina
River, where a fort was built called ``Fort Christina'' after
the young queen of Sweden. Fort Christina in Wilmington, with a
monument created by the noted sculptor Carl Milles and
presented by the people of Sweden, perpetuates the memory of
these first settlers and preserves ``The Rocks'' where they
first landed.
In the autumn of 1655, Peter Stuyvesant came from New
Amsterdam with a Dutch fleet, subjugated the Swedish
settlements, and established the authority of the Colony of New
Netherlands throughout the area. The Dutch were eventually
replaced by the English. In 1776 at the time of the Declaration
of Independence, Delaware not only declared itself free from
the British Empire, but also established a state government
entirely separate from Pennsylvania. The State became the first
to ratify the United States Constitution on December 7, 1787.
The importance of the Delaware Bay and River to coastal
defense during the American Revolution, the War of 1812 and the
Civil War was marked by the establishment of fortifications to
thwart enemy ships from traversing the Delaware River to
Philadelphia. Many of these resources remain to remind current
generations of past struggles for independence, early
nationhood, and preservation of the Union. Delaware became an
important component of the Underground Railroad prior to the
elimination of slavery during the Civil War. The Delaware River
was and remains an important transportation link connecting
Delaware and portions of Pennsylvania and New Jersey to world
markets.
The coastal region of Delaware also contains important
natural resources adjacent to and including Delaware Bay and
the Delaware River. It provides resource-based recreational
opportunities for fishing, boating, swimming and crabbing.
Delaware Bay is a major staging area for shorebird migration
with truly spectacular numbers visible during the peak of
migration. The region is replete with state parks and wildlife
areas that protect resources and provide important
opportunities for the public to appreciate and enjoy Delaware's
natural treasures.
The region also has played an important role in industry,
including the exploitation of water power. The outbreak of the
Civil War, for example, found Wilmington with a strong
industrial base, which responded to meet the great demands of
waging war. Wilmington products included ships, railroad cars,
gunpowder, shoes, tents, uniforms, blankets and other war-
related goods. By 1868, Wilmington was producing more iron
ships than the rest of the country combined and it rated first
in the production of gunpowder and second in carriages and
leather. Industries thrived along the Delaware, especially the
chemicals and materials company that was founded by the Dupont
family in the 19th century and continues to be one of the
largest chemical-related companies in the world.
The Department suggests one amendment to S. 1627. Section 4
of the bill requires that a report on findings, conclusions and
recommendations of the study be submitted to the Senate and
House authorizing committees no later than one year after funds
are made available to carry out the Act. We believe it more
feasible to provide that this occur no later than three years
after funds are made available based on the number of Special
Resource Studies currently being conducted by the Department.
If this study is authorized, the Department expects to
coordinate this study with the recently authorized Captain John
Smith Chesapeake National Historic Watertrail study, which will
be evaluating resources along the Chesapeake Bay and its
tributaries including portions in the State of Delaware.
Mr. Chairman, that concludes my testimony. I will be
pleased to answer any questions from members of the Committee.
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. 1627, as
ordered reported.