[House Report 111-596]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-596

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



 
                COLTSVILLE NATIONAL HISTORICAL PARK ACT

                                _______
                                

 September 16, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5131]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 5131) to establish Coltsville National Historical 
Park in the State of Connecticut, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coltsville National Historical Park 
Act''.

SEC. 2. DEFINITIONS.

  For the purposes of this Act:
          (1) City.--The term ``city'' means the city of Hartford, 
        Connecticut.
          (2) Commission.--The term ``Commission'' means the Coltsville 
        National Historical Park Advisory Commission established by 
        subsection 6(a).
          (3) Historic district.--The term ``Historic District'' means 
        the Coltsville Historic District.
          (4) Map.--The term ``map'' means the map titled ``Coltsville 
        National Historical Park--Proposed Boundary'', numbered T25/
        102087, and dated May 11, 2010.
          (5) Park.--The term ``park'' means the Coltsville National 
        Historical Park in the State of Connecticut.
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (7) State.--The term ``State'' means the State of 
        Connecticut.

SEC. 3. COLTSVILLE NATIONAL HISTORICAL PARK.

  (a) Establishment.--
          (1) In general.--Subject to paragraph (2), there is 
        established in the State a unit of the National Park System to 
        be known as the ``Coltsville National Historical Park''.
          (2) Conditions for establishment.--The park shall not be 
        established until the date on which the Secretary determines 
        that--
                  (A) the Secretary has acquired by donation sufficient 
                land or an interest in land within the boundary of the 
                park to constitute a manageable unit;
                  (B) the State, city, or private property owner, as 
                appropriate, has entered into a written agreement with 
                the Secretary to donate at least 10,000 square feet of 
                space in the East Armory which would include facilities 
                for park administration and visitor services;
                  (C) the Secretary has entered into a written 
                agreement with the State, city, or other public entity, 
                as appropriate, providing that--
                          (i) land owned by the State, city, or other 
                        public entity within the Coltsville Historic 
                        District shall be managed consistent with this 
                        section; and
                          (ii) future uses of land within the historic 
                        district shall be compatible with the 
                        designation of the park and the city's 
                        preservation ordinance; and
                  (D) the Secretary has reviewed the financial 
                resources of the owners of private and public property 
                within the boundary of the proposed park to ensure the 
                viability of the park based on those resources.
  (b) Boundaries.--The park shall include and provide appropriate 
interpretation and viewing of the following sites, as generally 
depicted on the map:
          (1) The East Armory.
          (2) The Church of the Good Shepherd.
          (3) The Caldwell/Colt Memorial Parish House.
          (4) Colt Park.
          (5) The Potsdam Cottages.
          (6) Armsmear.
          (7) The James Colt House.
  (c) Collections.--The Secretary shall enter into a written agreement 
with the State of Connecticut State Library, Wadsworth Atheneum, and 
the Colt Trust, or other public entities, as appropriate, to gain 
appropriate access to Colt-related artifacts for the purposes of having 
items routinely on display in the East Armory or within the park as 
determined by the Secretary as a major function of the visitor 
experience.

SEC. 4. ADMINISTRATION.

  (a) In General.--The Secretary shall administer the park in 
accordance with--
          (1) this Act; and
          (2) the laws generally applicable to units of the National 
        Park System, including--
                  (A) the National Park Service Organic Act (16 U.S.C. 
                1 et seq.); and
                  (B) the Act of August 21, 1935 (16 U.S.C. 461 et 
                seq.).
  (b) State and Local Jurisdiction.--Nothing in this Act enlarges, 
diminishes, or modifies any authority of the State, or any political 
subdivision of the State (including the city)--
          (1) to exercise civil and criminal jurisdiction; or
          (2) to carry out State laws (including regulations) and rules 
        on non-Federal land located within the boundary of the park.
  (c) Cooperative Agreements.--
          (1) In general.--As the Secretary determines to be 
        appropriate to carry out this Act, the Secretary may enter into 
        cooperative agreements with the owner of any property within 
        the Coltsville Historic District or any nationally significant 
        properties within the boundary of the park, under which the 
        Secretary may identify, interpret, restore, rehabilitate, and 
        provide technical assistance for the preservation of the 
        properties.
          (2) Right of access.--A cooperative agreement entered into 
        under paragraph (1) shall provide that the Secretary, acting 
        through the Director of the National Park Service, shall have 
        the right of access at all reasonable times to all public 
        portions of the property covered by the agreement for the 
        purposes of--
                  (A) conducting visitors through the properties; and
                  (B) interpreting the properties for the public.
          (3) Changes or alterations.--No changes or alterations shall 
        be made to any properties covered by a cooperative agreement 
        entered into under paragraph (1) unless the Secretary and the 
        other party to the agreement agree to the changes or 
        alterations.
          (4) Conversion, use, or disposal.--Any payment by the 
        Secretary under this subsection shall be subject to an 
        agreement that the conversion, use, or disposal of a project 
        for purposes contrary to the purposes of this section, as 
        determined by the Secretary, shall entitle the United States to 
        reimbursement in an amount equal to the greater of--
                  (A) the amounts made available to the project by the 
                United States; or
                  (B) the portion of the increased value of the project 
                attributable to the amounts made available under this 
                subsection, as determined at the time of the 
                conversion, use, or disposal.
          (5) Matching funds.--
                  (A) In general.--As a condition of the receipt of 
                funds under this subsection, the Secretary shall 
                require that any Federal funds made available under a 
                cooperative agreement shall be matched on a 1-to-1 
                basis by non-Federal funds.
                  (B) Form.--With the approval of the Secretary, the 
                non-Federal share required under subparagraph (A) may 
                be in the form of donated property, goods, or services 
                from a non-Federal source, fairly valued.
  (d) Acquisition of Land.--Land or interests in land owned by the 
State or any political subdivision of the State may be acquired only by 
donation.
  (e) Technical Assistance and Public Interpretation.--The Secretary 
may provide technical assistance and public interpretation of related 
historic and cultural resources within the boundary of the historic 
district.

SEC. 5. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 fiscal years after the date on 
which funds are made available to carry out this Act, the Secretary, in 
consultation with the Commission, shall complete a management plan for 
the park in accordance with--
          (1) section 12(b) of Public Law 91-383 (commonly known as the 
        National Park Service General Authorities Act) (16 U.S.C. 1a-
        7(b)); and
          (2) other applicable laws.
  (b) Cost Share.--The management plan shall include provisions that 
identify costs to be shared by the Federal Government, the State, and 
the city, and other public or private entities or individuals for 
necessary capital improvements to, and maintenance and operations of, 
the park.
  (c) Submission to Congress.--On completion of the management plan, 
the Secretary shall submit the management plan to--
          (1) the Committee on Natural Resources of the House of 
        Representatives; and
          (2) the Committee on Energy and Natural Resources of the 
        Senate.

SEC. 6. COLTSVILLE NATIONAL HISTORICAL PARK ADVISORY COMMISSION.

  (a) Establishment.--There is established a Commission to be known as 
the Coltsville National Historical Park Advisory Commission.
  (b) Duty.--The Commission shall advise the Secretary in the 
development and implementation of the management plan.
  (c) Membership.--
          (1) Composition.--The Commission shall be composed of 11 
        members, to be appointed by the Secretary, of whom--
                  (A) 2 members shall be appointed after consideration 
                of recommendations submitted by the Governor of the 
                State;
                  (B) 1 member shall be appointed after consideration 
                of recommendations submitted by the State Senate 
                President;
                  (C) 1 member shall be appointed after consideration 
                of recommendations submitted by the Speaker of the 
                State House of Representatives;
                  (D) 2 members shall be appointed after consideration 
                of recommendations submitted by the Mayor of Hartford, 
                Connecticut;
                  (E) 2 members shall be appointed after consideration 
                of recommendations submitted by Connecticut's 2 United 
                States Senators;
                  (F) 1 member shall be appointed after consideration 
                of recommendations submitted by Connecticut's First 
                Congressional District Representative;
                  (G) 2 members shall have experience with national 
                parks and historic preservation;
                  (H) all appointments must have significant experience 
                with and knowledge of the Coltsville Historic District; 
                and
                  (I) 1 member of the Commission must live in the 
                Sheldon/Charter Oak neighborhood within the Coltsville 
                Historic District.
          (2) Initial appointments.--The Secretary shall appoint the 
        initial members of the Commission not later than the earlier 
        of--
                  (A) the date that is 30 days after the date on which 
                the Secretary has received all of the recommendations 
                for appointments under paragraph (1); or
                  (B) the date that is 30 days after the park is 
                established.
  (d) Term; Vacancies.--
          (1) Term.--
                  (A) In general.--A member shall be appointed for a 
                term of 3 years.
                  (B) Reappointment.--A member may be reappointed for 
                not more than 1 additional term.
          (2) Vacancies.--A vacancy on the Commission shall be filled 
        in the same manner as the original appointment was made.
  (e) Meetings.--The Commission shall meet at the call of--
          (1) the Chairperson; or
          (2) a majority of the members of the Commission.
  (f) Quorum.--A majority of the Commission shall constitute a quorum.
  (g) Chairperson and Vice Chairperson.--
          (1) In general.--The Commission shall select a Chairperson 
        and Vice Chairperson from among the members of the Commission.
          (2) Vice chairperson.--The Vice Chairperson shall serve as 
        Chairperson in the absence of the Chairperson.
          (3) Term.--A member may serve as Chairperson or Vice 
        Chairperson for not more than 1 year in each office.
  (h) Commission Personnel Matters.--
          (1) Compensation of members.--
                  (A) In general.--Members of the Commission shall 
                serve without compensation.
                  (B) Travel expenses.--Members of the Commission shall 
                be allowed travel expenses, including per diem in lieu 
                of subsistence, at rates authorized for an employee of 
                an agency under subchapter I of chapter 57 of title 5, 
                United States Code, while away from the home or regular 
                place of business of the member in the performance of 
                the duty of the Commission.
          (2) Staff.--
                  (A) In general.--The Secretary shall provide the 
                Commission with any staff members and technical 
                assistance that the Secretary, after consultation with 
                the Commission, determines to be appropriate to enable 
                the Commission to carry out the duty of the Commission.
                  (B) Detail of employees.--The Secretary may accept 
                the services of personnel detailed from the State or 
                any political subdivision of the State.
  (i) FACA Nonapplicability.--Section 14(b) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
  (j) Termination.--
          (1) In general.--Unless extended under paragraph (2), the 
        Commission shall terminate on the date that is 10 years after 
        the date of the enactment of this Act.
          (2) Extension.--Eight years after the date of the enactment 
        of this Act, the Commission shall make a recommendation to the 
        Secretary if a body of its nature is still necessary to advise 
        on the development of the park. If, based on a recommendation 
        under this paragraph, the Secretary determines that the 
        Commission is still necessary, the Secretary may extend the 
        life of the Commission for not more than 10 years.

SEC. 7. AUTHORIZATION OF APPROPRIATION.

  There is authorized to be appropriated $10,000,000 for the 
development of the park.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5131 is to establish Coltsville 
National Historical Park in the State of Connecticut, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The proposed Coltsville National Historical Park site is 
located in Hartford, Connecticut within the previously 
designated Coltsville Historic District and Coltsville National 
Historic Landmark. Coltsville is the historic location of the 
industries and residences associated with Samuel Colt, one of 
the nation's preeminent and historic arms manufacturers.
    From before the Civil War through World War II, Colt 
produced a variety of armaments on this site that are 
universally recognized as representative of the American arms 
industry. The Colt factory produced such famous weapons as the 
Gatling Gun, the Colt .45 ``Peacemaker,'' the Colt Browning .30 
and .50 caliber machine guns, and the M16A4 Rifle. The proposed 
park site would help trace the history of industrialized and 
mechanized arms manufacturing and tell the story of the workers 
involved in the process.
    The infrastructure the Colt family developed to help 
establish its plant in Hartford--the worker cottages, the local 
church, and the actual armory complex--are still intact and 
paint a vivid picture of life in an industrial town during the 
19th and 20th centuries. The area included in the park 
designation would include the East Armory, the Church of the 
Good Shepherd, the Caldwell/Colt Memorial Parish House, Colt 
Park, the Potsdam Cottages, Armsmear (the Samuel Colt Home, an 
existing National Historic Landmark), and the James Colt House.

                            COMMITTEE ACTION

    H.R. 5131 was introduced on April 22, 2010 by 
Representative John B. Larson (D-CT). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Pubic Lands.
    On June 10, 2010, the Subcommittee held a hearing on the 
bill. The bill's sponsor and a representative from the town of 
Hartford, Connecticut spoke in favor of the legislation. A 
representative of the Department of the Interior acknowledged 
that the proposed Coltsville National Historical Park is 
nationally significant and merits inclusion into the National 
Park System but that the bill would need to be amended to make 
the park feasible.
    On July 22, 2010, the Subcommittee was discharged from 
further consideration of H.R. 5131 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijalva, (D-AZ) offered an amendment in the 
nature of a substitute to include a map reference, make minor 
technical changes in wording, include a contingency directing 
the Secretary of the Interior to confirm the financial 
viability of the park's partners; and to authorize 
appropriation of not more than $10 million for the park's 
development. The amendment in the nature of a substitute was 
adopted by voice vote. H.R. 5131, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Coltsville National Historical Park Act''.

Section 2. Definitions

    Section 2 provides definitions for key terms used within 
this Act.

Section 3. Coltsville National Historical Park

    Subsection 3(a) provides for the establishment of the 
Coltsville National Historical Park, contingent upon: (1) the 
donation of property or property interests to the government 
which would constitute a manageable unit of the National Park 
System; (2) donation of at least 10,000 square feet in the East 
Armory to be used for park administration and visitor services; 
(3) written agreements between local or state governments or 
public entities that own the public property within the 
Coltsville Historic District and the Secretary of the Interior 
(Secretary) providing that these properties will be managed 
consistent with park designation and that future management 
will be consistent with both the park's and the city's 
preservation ordinance; and (4) the Secretary's review of the 
financial resources of the owners of the public and private 
property within the boundary of the proposed park, to ensure 
the viability of the park based on those resources.
    Subsection 3(b) provides for the boundaries of the park.
    Subsection 3(c) provides that to make available 
historically relevant artifacts to the site, the Secretary may 
enter into cooperative agreements with local, public and 
private entities and trusts to gain access to Colt-related 
artifacts.

Section 4. Administration

    Section 4 provides for the Secretary to administer the park 
in accordance with applicable law, and provides further that 
the Secretary shall enter into cooperative agreements with any 
property owner within the Historic District to allow for normal 
park operations. This section further requires the Secretary to 
enter into cooperative agreements to ensure that both the 
agency and the public have appropriate and regular access to 
the park, and provides protection against future changes or 
alterations to properties and conversion, use or disposal of 
projects paid for by the Secretary without reimbursement. This 
section also clarifies that any land acquired under this Act 
may only be acquired by donation.

Section 5. Management plan

    Section 5 provides that the Secretary shall complete a 
management plan for the park no later than three fiscal years 
from the date on which funds are made available for that 
purpose.

Section 6. Coltsville National Historical Park Advisory Commission

    Section 6 provides for establishment of an Advisory 
Commission to advise the Secretary in the development and 
implementation of the park's management plan.

Section 7. Authorization of appropriation

    Section 7 authorizes $10,000,000 to be appropriated for the 
development of the park.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish Coltsville National 
Historical Park in the State of Connecticut, and for other 
purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 5131--Coltsville National Historical Park Act

    H.R. 5131 would create the Coltsville National Historical 
Park in Connecticut, to be established once the National Park 
Service (NPS) obtains enough property at the proposed site to 
constitute a manageable park unit. Assuming that the conditions 
for establishment can be met and that the necessary amounts are 
appropriated, CBO estimates that implementing H.R. 5131 would 
cost about $1 million over the 2011-2015 period and about $10 
million over the 2011-2020 period. Enacting the bill would have 
no effect on revenues or direct spending; therefore, pay-as-
you-go procedures do not apply.
    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.
    Under H.R. 5131, the proposed historical park would be 
established when the NPS accepts the donation of enough land or 
interest in land to manage a park unit and has executed an 
agreement to accept another donation of space in the East 
Armory building. The proposed boundary would include the armory 
as well as Colt Park, the Church of the Good Shepherd, and 
several other buildings in Hartford. Most of those properties 
would remain in private, state, or local ownership, but the NPS 
would be authorized to help restore and develop them. The bill 
would authorize the appropriation of $10 million for that 
purpose.
    Based on information provided by the NPS, CBO estimates 
that the agency would spend about $1 million over the next five 
years, primarily to prepare a management plan for the proposed 
park (as required by the bill) and provide technical assistance 
to local property owners. Assuming appropriation of the 
authorized amounts, we estimate that the agency would spend $9 
million over the following five years to restore local 
properties, construct visitor facilities, and develop 
interpretive exhibits. We estimate that federal costs to 
operate the park would be less than $500,000 annually.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 5131 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no change in existing law.

                                  
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