[Senate Report 110-369]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 801
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-369

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       MINUTE MAN NATIONAL HISTORICAL PARK BOUNDARY REVISION ACT

                                _______
                                

                  June 16, 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. 2513]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2513) to modify the boundary of the 
Minute Man National Historical Park, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 2513 is to modify the boundary of the 
Minute Man National Historical Park in the Commonwealth of 
Massachusetts.

                          BACKGROUND AND NEED

    On April 18th and 19th, 1775, British troops marched from 
Cambridge, Massachusetts, to the farm of colonial militia 
leader Colonel James Barrett in Concord in an effort to 
confiscate stolen brass cannons and arrest the American 
rebellion's leaders. In the weeks before the British patrol, 
Barrett's farm had been home to the cannons, munitions, and 
other arms, but the militia had received advanced warning of 
the British army's plan, and had hidden the arms in the fields 
and surrounding countryside.
    At Concord, the militia forces, led in part by Colonel 
Barrett, engaged the British at the town's Old North Bridge. 
The British retreated and colonial militias harried them all 
the way back to Boston. The day's activities, which became 
known as the Battle of Lexington and Concord, marked the 
beginning of the war between Britain and the American colonies 
and the start of the colonial siege of Boston.
    Minute Man National Historical Park, established by 
Congress on September 21, 1959, protects many of the locations 
associated with the Battle of Lexington and Concord, but not 
Colonel Barrett's farm. Public Law 109-419 directed the 
Secretary of the Interior to conduct a study to evaluate the 
significance of Colonel Barrett's farm and to assess the 
suitability and feasibility of including the farm in the 
National Park System as part of the Minute Man National 
Historical Park.
    The Park Service sent the final study to Congress in March 
2008. The study concluded that the expansion of the boundary to 
include the home and surrounding farmland of Colonel Barrett 
met the criteria for boundary expansions and that inclusion 
within the boundary was important to ensure the protection of 
nationally significant resources and values.
    S. 2513 would adjust the boundary of the park to include 67 
acres of land, including the Barrett farm.

                          LEGISLATIVE HISTORY

    S. 2513 was introduced by Senator Kennedy on December 18, 
2007. Senator Kerry is a cosponsor. The Subcommittee on 
National Parks held a hearing on S. 2513 on April 23, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered S. 2513 favorably 
reported, without amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2513 without 
amendment.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title for the bill.
    Section 2 defines key terms used in the bill.
    Section 3(a) states that the boundary of the Minute Man 
National Historical Park is modified pursuant to a referenced 
map.
    Subsection (b) authorizes the Secretary of the Interior to 
acquire land or an interest in land by purchase from willing 
sellers, donation, or exchange.
    Subsection (c) directs the Secretary to administer the 
lands within applicable laws.
    Section 4 states that there are authorized to be 
appropriated such sums as are necessary to carry out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 2513--Minute Man National Historical Park Boundary Revision Act

    S. 2513 would modify the boundary of the Minute Man 
National Historical Park in Massachusetts. Based on information 
provided by the National Park Service (NPS) and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing S. 2513 would cost $2.5 million over the 2009-2013 
period. Enacting the bill would have no effect on revenues or 
direct spending.
    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.
    S. 2513 would add about 70 acres to the boundary of the 
historical park and authorize the NPS to acquire the additional 
acreage by purchase, donation, or exchange. CBO expects that 
most of the land to be added by the bill would continue to be 
owned and managed by the town of Concord. We estimate that the 
NPS would purchase less than five acres, including the site of 
the James Barrett Farm, for about $2 million in 2009. Federal 
costs to restore and develop that property would not be 
significant because the current owner, a local nonprofit 
organization, is currently restoring it with private donations. 
Finally, we estimate that ongoing costs to operate and maintain 
the new property would be about $100,000 a year.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, 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. 2513. 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. 2513, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2513, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined by rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 2513 on April 23, 
2008.

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

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the views of the Department of 
the Interior on S. 2513, a bill to modify the boundary of 
Minute Man National Historical Park to include the home and 
surrounding farmland of Colonel James Barrett and the area 
around the Joshua Brooks House.
    The Department supports the enactment of this bill.
    In December 2006, Congress directed the Secretary of the 
Interior to conduct a study to evaluate the significance of the 
Colonel James Barrett Farm and to assess the suitability and 
feasibility of including the farm in the National Park System 
as part of the Minute Man National Historical Park. The 
National Park Service consulted affected property owners, state 
and local governments, preservation organizations, and the 
public, and incorporated their views into the findings of the 
study. The boundary study and environmental assessment, 
transmitted to Congress in March 2008, concluded that the 
expansion of the boundary of the park to include the home and 
surrounding farmland of Colonel James Barrett and the area 
around the Joshua Brooks House, met the criteria for boundary 
expansions and that inclusion within the boundary was important 
to ensure the protection of nationally significant resources 
and values. There is extensive public support for the boundary 
expansion.
    S. 2513 would permit the inclusion of 67 acres of land 
within the boundary of the Minute Man National Historical Park, 
thus adding significant properties to the park that might be 
cooperatively managed or acquired from willing sellers. The 
potential boundary expansions were found to meet all National 
Park Service criteria including the ability to protect 
significant resources, enhance opportunities for public 
enjoyment, and improve management capabilities.
    The most significant property proposed for inclusion within 
the revised boundary is the Colonel James Barrett Farm, located 
at 448 Barrett's Mill Road, Concord, Massachusetts, two miles 
from the town center and from Minute Man National Historical 
Park. It includes the home and surrounding farmland of Colonel 
James Barrett (1710-1779), Revolutionary War patriot and one of 
the leading figures in the events leading up to the British 
march on Concord in April 1775. The Barrett Farmhouse and a 
total of 10 parcels on 64 acres of land that has been farmed 
continuously since the 18th century would be included in the 
expanded boundary.
    The farm was a major hiding place for the colonists' stores 
of arms and ammunition. British troops headed there on April 
19, 1775 but found nothing, the residents having been alerted 
by Paul Revere in time to secrete muskets, cannons and powder 
in the fields. The Battles of Lexington and Concord occurred 
later that day, marking the start of the Revolutionary War. 
Minute Man National Historical Park encompasses 967 acres and 
includes the North Bridge, site of ``the shot heard round the 
world,'' and the historic Battle Road, where the British both 
advanced and retreated. Barrett's farm was the impetus for the 
British advance and the vigorous work of Colonel Barrett and 
his militia was a key reason for the British retreat.
    Considered for inclusion when Minute Man National 
Historical Park was established in 1959, the farm was then in 
private ownership and not available for acquisition. The 
farmhouse is now owned by Save Our Heritage, Inc. a local 
nonprofit organization, which seeks to preserve it for public 
use and enjoyment. The group has been working closely with the 
Town of Concord and has expended over $2 million to acquire the 
farmhouse and in addition, has raised $770,000 to provide 
urgently needed stabilization of the building. Much of the 
surrounding acreage is owned by the Town and is managed as 
agricultural conservation land, thus preserving the historic 
agrarian landscape. Owners of the three private parcels have 
been consulted and have no objection to the boundary change.
    The other property included in the proposed boundary 
expansion abuts the historic Joshua Brooks House, which is 
owned by the National Park Service. Located at 37 North Great 
Road (Battle Road), this 3-acre parcel is partially inside the 
park boundary. Expanding the boundary would ensure protection 
of the viewshed around the Joshua Brooks House, a key spot on 
the Battle Road, by permitting acquisition of the property in 
fee or through a less-than-fee purchase such as a conservation 
easement.
    The estimated increase in annual operations, maintenance 
and interpretation costs resulting from the acquisition of 
lands authorized with this proposed boundary expansion would be 
approximately $65,000.
    Of the 67 acres authorized in this boundary expansion, the 
only land that is envisioned to be acquired by the National 
Park Service is the 4.5 acres that include the farmhouse and 
the adjacent farmland. The approximate cost to acquire the 4.5 
acres would be $2.1 million. Funding for these costs would be 
subject to NPS priorities and availability of appropriations. 
For the remaining 62.5 acres, most of the land (55+ acres) 
within the potential boundary expansion at Barrett's Farm is 
owned by the Town of Concord or the Concord School Committee. 
The park is only authorized to acquire land from a government 
entity by donation. The rest of the acreage could be protected 
through conservation easements or management agreements.
    Mr. Chairman, thank you for the opportunity to comment. 
This concludes my prepared remarks and I will be happy to 
answer any questions you or other committee members might have.

                        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. 2513, as 
ordered reported.

                                  
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