[Senate Report 110-289]
[From the U.S. Government Publishing Office]
Calendar No. 641
110th Congress Report
SENATE
2d Session 110-289
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WEIR FARM NATIONAL HISTORIC SITE AMENDMENT ACT
_______
April 10, 2008.--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 S. 1247]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1247) to amend the Weir Farm National
Historic Site Establishment Act of 1990 to limit the
development of any property acquired by the Secretary of the
Interior for the development of visitor and administrative
facilities for the Weir Farm National Historic Site, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weir Farm National Historic Site
Amendment Act''.
SEC. 2. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES FOR WEIR FARM
NATIONAL HISTORIC SITE.
Section 4(d) of the Weir Farm National Historic Site Establishment
Act of 1990 (16 U.S.C. 461 note) is amended--
(1) in paragraph (1)(B), by striking ``contiguous to'' and
all that follows and inserting ``within Fairfield County.'';
(2) by amending paragraph (2) to read as follows:
``(2) Development.--
``(A) Maintaining natural character.--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).
``(B) Treatment of previously developed property.--
Nothing in subparagraph (A) shall either prevent the
Secretary from acquiring property under paragraph (1)
that, prior to the Secretary's acquisition, was
developed in a manner inconsistent with subparagraph
(A), or require the Secretary to remediate such
previously developed property to reflect the natural
character described in subparagraph (A).''; and
(3) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``the appropriate zoning authority'' and all
that follows through ``Wilton, Connecticut,'' and inserting
``the local governmental entity that, in accordance with
applicable State law, has jurisdiction over any property
acquired under paragraph (1)(A)''.
2. Amend the title so as to read: ``A bill to amend the
Weir Farm National Historic Site Establishment Act of 1990, and
for other purposes.''.
Purpose
The purpose of S. 1247 is to amend the Weir Farm National
Historic Site Establishment Act of 1990 to limit the
development of any property acquired by the Secretary of the
Interior for the development of visitor and administrative
facilities for the Weir Farm National Historic Site.
Background and Need
Public Law 101-485 established the Weir Farm National
Historic Site to preserve the historic structures and
landscapes associated with American Impressionist artist J.
Alden Weir, and maintain ``the integrity of a setting that
inspired artistic expression.'' The park's 1995 General
Management Plan determined that all administrative and
operational support functions should be located in off-site
facilities, and in 1998, Public Law 105-363 authorized a
boundary expansion of 15 acres. Using this authority, the
National Park Service purchased nine acres in the town of
Ridgefield, Connecticut, for the construction of the
maintenance, curatorial and headquarters building.
Public Law 105-363 required the National Park Service to
reach agreement with the local communities of Ridgefield and
Wilton, Connecticut, to coordinate the planning of the
facility. Local concerns were raised about the construction of
the 10,000 square foot ``support'' facility in a residential
neighborhood. In addition, cost estimates for construction of
the facility had increased substantially.
Currently, the park leases 5,000 square feet of curatorial
and maintenance space at the Georgetown Wire Mill. The National
Park Service would like to exchange all or part of the nine
acres it currently owns for 12,000 square feet of finished
space at the Wire Mill, thereby reducing the projected
construction, operating and maintenance costs for a maintenance
and administrative facility. Since the Park Service would use
all or part of the nine acres currently owned to exchange for
the space at Georgetown Wire Mill, no acquisition funds are
required. If appraisals indicate that the space at the
Georgetown Wire Mill exceeds the value of the National Park
Service land, the owners, Georgetown Land Corporation, would
donate the difference per agreement.
S. 1247 amends the enabling legislation for the Weir Farm
National Historic Site to expand the geographic area in which
the National Park Service could develop the administrative and
maintenance facility for the park.
Legislative History
S. 1247 was introduced by Senator Lieberman on April 26,
2007. The Subcommittee on National Parks held a hearing on the
bill on September 11, 2007 (S. Hrg. 110-213). At its business
meeting on September 11, 2007, the Committee on Energy and
Natural Resources ordered S. 1247 favorably reported, with an
amendment in the nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 1247, if
amended as described herein.
Committee Amendment
During its consideration of S. 1247, the Committee adopted
an amendment in the nature of a substitute. The amendment
simplifies and clarifies the amendments to the underlying law
establishing the Weir Farm National Historic Site. The
amendment is explained in detail in the section-by-section
analysis, below.
Section-by-Section Analysis
Section 1 contains the short title, the ``Weir Farm
National Historic Site Amendment Act.''
Section 2 amends section 4(d) of the Weir Farm National
Historic Site Establishment Act to allow development of an
administrative and maintenance facility within Fairfield
County, Connecticut. The original law required that the
development be contiguous or in close proximity to the park.
The section also adds language directing the Secretary of the
Interior to keep development of the acquired property to a
minimum, except that existing development of the acquired
property is permitted.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1247--Weir Farm National Historic Site Amendment Act
S. 1247 would expand the area that the National Park
Service (NPS) may consider to construct visitor and
administrative facilities for the Weir Farm National Historic
Site. Under current law, NPS may acquire up to 15 acres of land
for such purpose; however, the land must be contiguous or close
in proximity to the historic site. The bill would allow NPS to
consider all potential sites in Fairfield County, Connecticut,
including land that has been previously developed from its
original state.
Because the legislation would not authorize additional
funds for the acquisition of land or for the construction of
facilities, CBO estimates that implementing S. 1247 would have
no significant effect on the federal budget. Furthermore, based
on information from NPS, CBO expects that any land acquired
under the bill would be done through exchange.
The bill 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 Daniel Hoople.
This estimate was approved by Theresa Gullo, 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. 1247. 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. 1247, as ordered reported.
Congressionally Directed Spending
S. 1247, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
September 11, 2007 Subcommittee hearing on S. 1247 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the committee, thank you for
the opportunity to appear before Farm National Historic Site
Establishment Act of 1990, and for other purposes.
The Department supports S. 1247, but would like to work
with the committee to simplify the language in the bill.
S. 1247 would amend the Weir Farm National Historic Site
Establishment Act of 1990 (as amended by Public Law 105-363) to
expand the geographic area in which the park could acquire up
to 15 acres to develop visitor and administrative facilities.
Public Law 105-363 required that the acquisition be ``in close
proximity or contiguous to the park.'' Furthermore, by
requiring a planning agreement with the towns of Ridgefield and
Wilton, Connecticut before building a facility, Public Law 105-
363 appears to authorize land acquisition only within these two
towns. S. 1247 would expand the National Park Service's
authority so that it can consider the acquisition of property
in all of Fairfield County, Connecticut, including a building
in nearby Redding, Connecticut, that the park has leased for
over 13 years for park curatorial and maintenance functions.
This expanded authority would reduce the cost of building
support facilities and would address concerns that local towns
have expressed about the location of administrative facilities
in residential neighborhoods.
Weir Farm National Historic Site was established on October
31, 1990 to preserve the historic structures and landscapes
associated with American Impressionist artist Julian Alden
Weir. The park's authorizing legislation identifies one of the
park's purposes as ``to maintain the integrity of a setting
that inspired artistic expression.'' In keeping with this
purpose, the park's 1995 General Management Plan determined
that all administrative and operational support functions
should be located in off-site facilities. In 1998, Public Law
105-363 authorized a boundary expansion of up to 15 acres, and
in 2000, the National Park Service purchased nine acres in the
town of Ridgefield, Connecticut under this authority.
Public Law 105-363 required the National Park Service to
enter into agreement with the towns of Ridgefield and Wilton,
Connecticut, prior to building a facility. During discussions,
concerns were raised about locating a 10,000 square foot
facility in a residential neighborhood. In addition, cost
estimates for building a facility on the newly acquired
property had increased from $3.4 million to $5.9 million.
To address local concerns and rising costs, the National
Park Service would like to consider alternative sites,
including space at the Georgetown Wire Mill (Mill), a 55-acre
brownfield development site listed on the National Register of
Historic Places and located less than 2 miles from the park, in
the town of Redding, Connecticut. Currently, the park leases
5,000 square feet of curatorial and maintenance space at the
Mill. S. 1247 would allow the park to acquire 12,000 square
feet of finished space at the Wire Mill in exchange for all or
part of the nine acres acquired by the park in Ridgefield,
Connecticut. This acquisition would reduce construction,
operating, and maintenance costs for the park. Since the
National Park Service would use all or part of the nine acres
currently owned to exchange for the space at Georgetown Wire
Mill, no acquisition funds are required. If appraisals indicate
that the Georgetown Land Corporation (Corporation) building
exceeds the value of the National Park Service land, the
Corporation has agreed to donate the difference to the National
Park Service.
Environmental sustainability would be another benefit of
the Mill site. Within the next two years, the Mill is expected
to be certified as a Leadership in Energy and Environmental
Design (LEED) village center with residential and commercial
services and subsidies for artist housing.
The language in S. 1247 that amends paragraph 2 of section
4(d) of Public Law 101-485 is complex. Without changing the
substance of the bill, the Department would like to work with
the committee to make the language simpler and clearer.
Mr. Chairman, this concludes my testimony. I would be happy
to answer any questions you or other members of the
subcommittee might 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. 1247 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
AN ACT To establish the Weir Farm National Historic Site in the State
of Connecticut
(Approved October 31, 1990; 104 Stat. 1171)
Be it enacted in the Senate and the House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weir Farm National Historic
Site Establishment Act of 1990''.
* * * * * * *
(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)] within Fairfield County.
(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 site.
[(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).]
(2) Development.--
(A) Maintaining natural character.--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).
(B) Treatment of previously developed
property.--Nothing in subparagraph (A) shall
either prevent the Secretary from acquiring
property under paragraph (1) that, prior to the
Secretary's acquisition, was developed in a
manner inconsistent with subparagraph (A), or
require the Secretary to remediate such
previously developed property to reflect the
natural character described in subparagraph
(A).
(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 one or more
agreements with [the appropriate zoning authority of
the town of Ridgefield, Connecticut, and the town of
Wilton, Connecticut,] the local governmental entity
that, in accordance with applicable State law, has
jurisdiction over any property acquired under paragraph
(1)(A) 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.
* * * * * * *