[Senate Report 110-311]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 663
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-311

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



 
        LOWELL NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT 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 H.R. 299]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 299) to adjust the boundary of Lowell 
National Historical Park, 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. 299 is to amend the enabling 
legislation for Lowell National Historical Park in 
Massachusetts to modify the park boundary to include 5 small 
parcels of land totaling less than one acre.

                          Background and Need

    H.R. 299 authorizes the Secretary of the Interior to 
acquire five small tracts totaling less than one acre to add to 
the boundary at Lowell National Historical Park in 
Massachusetts. The tracts are needed to complete development of 
the Canalway, a linear park and walkway.
    Acquisition of these tracts will provide the access points 
necessary for development, maintenance, and surveillance in 
order to complete the Canalway. Approximately two miles of 
walkway along the park's 5.61-mile historic power canal system 
remain incomplete. Funding for construction of the remaining 
portion of the system is being sought through partnership and 
grant programs. Acquisition rights and associated boundary 
changes are needed to ensure that park visitors will have 
access to the entire system.

                          Legislative History

    H.R. 299, sponsored by Congressman Meehan, passed the House 
of Representatives by a voice vote on March 5, 2007. Companion 
legislation, S. 867, was introduced by Senators Kennedy and 
Kerry on March 13, 2007. The Subcommittee on National Parks 
held hearings on both bills on September 27, 2007. (S. Hrg. 
110-266.) The Committee on Energy and Natural Resources ordered 
H.R. 299 favorably reported without amendment on January 30, 
2008.

                        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 H.R. 299.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Lowell National 
Historic Park Boundary Adjustment Act.''
    Section 2 modifies the boundary to include 5 parcels of 
land identified on the referenced map.

                   Cost and Budgetary Considerations

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

H.R. 299--Lowell National Historical Park Boundary Adjustment Act

    H.R. 299 would modify the boundary of the Lowell National 
Historical Park in Massachusetts to include five new parcels of 
land totaling less than 1 acre. Assuming availability of the 
necessary amounts, CBO estimates that the National Park Service 
would spend less than $200,000 to acquire land within the 
expanded boundary. We estimate that additional administrative 
costs to manage the new properties would be minimal. Enacting 
H.R. 299 would not affect revenues or direct spending.
    The bill contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA). H.R. 299 would 
impose a private-sector mandate, as defined in the UMRA, if the 
Secretary of the Interior acquires any of the five parcels of 
land for inclusion in the Lowell National Historical Park by 
means of condemnation. The cost of that mandate would be equal 
to the value of the property. Since the aggregate value of the 
five parcels is about $200,000, CBO estimates that the cost of 
the mandate would fall well below the annual threshold 
established in UMRA for private-sector mandates ($136 million 
in 2008, adjusted annually for inflation).
    The CBO staff contacts for this estimate are Deborah Reis 
(for federal costs), and MarDestinee C. Perez (for the private-
sector impact). 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 and H.R. 299. The act 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 H.R. 299, as ordered reported.

                   Congressionally Directed Spending

    H.R. 299, 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 27, 2007 subcommittee hearing follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 867 and H.R. 299, bills to adjust the boundary 
of Lowell National Historical Park, and for other purposes.
    The Department supports enactment of these bills.
    These bills would authorize the Secretary of the Interior 
to acquire five small tracts of land, totaling less than one 
acre, and to include these tracts in the boundary of the Lowell 
National Historical Park. These five small parcels are 
important to the park's operation.
    Lowell National Historical Park preserves and interprets 
the nationally significant historic and cultural sites, 
structures and districts in Lowell, Massachusetts, that 
represent the most significant planned industrial city in the 
United States and symbolize, in physical form, the Industrial 
Revolution. The park tells the human story of the Industrial 
Revolution and the changing role of technology in a 19th and 
20th century setting. The cultural heritage of many of the 
ethnic groups that immigrated to the United States during the 
19th and early 20th century, and which continues today, is 
still preserved in Lowell's neighborhoods. The park provides a 
vehicle for economic progress in the community, encouraging 
creative and cooperative preservation and interpretive 
programs.
    The tracts included in this bill are needed to complete 
development of the Canalway, a linear park and walkway along 
Lowell's 5.6-mile historic power canal system. The acquisition 
of these tracts will provide the access points necessary for 
development, maintenance, and visitor protection in order to 
complete the Canalway. Approximately two miles of the walkway 
along Lowell's 5.6-mile canal system remain incomplete. 
Acquisition rights and associated boundary changes are needed 
to ensure that park visitors will have access to the entire 
system and to give the park the right to develop and maintain 
these canal walkways.
    S. 867 and H.R. 299 would authorize the Secretary to 
acquire the tracts in fee, or by easement, purchase or 
donation, and if necessary, by means of condemnation. The 
original 1978 legislation establishing Lowell National 
Historical Park contains condemnation authority for the 
Secretary and the now defunct Lowell Historic Preservation 
Commission. The National Park Service (NPS) inherited the 
assets of the Commission when it ceased operations in 1995. 
Although condemnation authority has not been used in 20 years, 
it is needed now because NPS has been unable to obtain clear 
title to one of these small tracts through the usual means of 
title and record searches.
    Dating back to the 1800s, tract ownership is uncertain and 
NPS has not been able to locate or determine the owners. The 
NPS would use condemnation authority to gain clear title only 
if owners of the parcels cannot be identified after further 
attempts through notice in local newspapers is unsuccessful. 
The Lowell City Council will be consulted and condemnation 
authority will be used only with its concurrence, as required 
in the park's enabling legislation. If the Lowell City Council 
would oppose our intention to use condemnation authority, the 
park would not proceed.
    As has been the practice of the Lowell National Historical 
Park throughout its Canalway acquisition program, donated 
easements and fee acquisition will be sought as a first course 
of action. In the event that property owners are unwilling to 
donate fee or easement rights, funding for these acquisitions 
will be sought through public and private funding sources. This 
bill will not result in any increases to operational costs for 
the park.
    The proposed legislation is supported by the Commonwealth 
of Massachusetts, the City of Lowell, the Lowell Historic 
Board, and the Lowell Plan/Lowell Development and Financial 
Corporation.
    Mr. Chairman that concludes my testimony and I will be 
happy to answer any questions from you or members of the 
subcommittee.

                        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 H.R. 299 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 95-290, 95th Congress


    AN ACT To provide for the establishment of the Lowell National 
  Historical Park in the Commonwealth of Massachusetts, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

           *       *       *       *       *       *       *


SEC. 101.

    (a)(1) To carry out the purpose of this Act, there is 
established as a unit of the National Park System in the city 
of Lowell, Massachusetts, the Lowell National Historical Park. 
There is further established in an area adjacent to the park 
the Lowell Historic Preservation District, which will be 
administered by the Secretary and by the Commission in 
accordance with this Act. The boundaries of the park and 
preservation district shall be the boundaries depicted on the 
map entitled ``Lowell National Historical Park, 
Massachusetts'', dated March 1978, and numbered ``Lowe-
80,008A''. Such map shall be on file and available for 
inspection in the office of the National Park Service, 
Department of the Interior; and in the office of the city 
clerk, city of Lowell.
    (2) The Secretary shall publish in the Federal Register, as 
soon as practicable after the date of the enactment of this 
Act, a detailed description and map of the boundaries 
established under paragraph (1) of this subsection.
    (3) The boundaries of the park are modified to include five 
parcels of land identified on the map entitled `Boundary 
Adjustment, Lowell National Historical Park,' numbered 475/
81,424B and dated September 2004, and as delineated in section 
202(a)(2)(G).

           *       *       *       *       *       *       *


                        ACQUISITION OF PROPERTY

    Sec. 202.(a)(1) The Secretary is authorized to acquire the 
properties designated in paragraph (2) of this subsection, or 
any interest therein, by donation, purchase with donated or 
appropriated funds, condemnation, or otherwise. Any property or 
interest therein owned by the Commonwealth of Massachusetts or 
any political subdivision thereof may be acquired only by 
donation. The Secretary may initiate condemnation proceedings 
under this paragraph only after making every reasonable effort 
to acquire property through negotiations and purchase, and 
consulting with the Commission (if established) and the city 
council of Lowell.
    (2) The properties referred to in paragraph (1) of this 
subsection are the following:
          (A) The Linus Childs House. 63 Kirk Street.
          (B) The H and H Paper Company (Commonly referred to 
        as Boott Mill Boarding House), 42 French Street.
          (C) Old City Hall, 226 Merrimack Street.
          (D) Merrimack Gatehouse, 269 Merrimack Street.
          (E) The Wannalancit Textile Company, 562 Suffolk 
        Street.
          (F) The Structures containing the Jade Pagoda and 
        Solomon's Yard Goods, 210 and 200 Merrimack Street.
          (G) The properties shown on the map identified in 
        subsection (101)(a)(3) as follows:
                  (i) 91 Pevey Street.
                  (ii) The portion of 607 Middlesex Place.
                  (iii) Eagle Court.
                  (iv) The portion of 50 Payne Street.
                  (v) 726 Broadway.

           *       *       *       *       *       *       *


                                  
