[Senate Report 111-254]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 524
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-254

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



 
  NATIONAL PARK SERVICE AND NORTHWESTERN STATE UNIVERSITY COLLECTIONS 
                        CONSERVATION CENTER ACT

                                _______
                                

                 August 5, 2010.--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. 1018]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1018) to authorize the Secretary of the 
Interior to enter into an agreement with Northwestern State 
University in Natchitoches, Louisiana, to construct a 
curatorial center for the use of Cane River Creole National 
Historical Park, the National Center for Preservation 
Technology and Training, and the University, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.
    The amendments are as follows:
    1. Beginning on page 2, strike line 5 and all that follows 
through page 3, line 17.
    2. On page 3, line 18, strike ``3'' and insert ``2''.
    3. On page 4, strike lines 14 through 17 and insert the 
following:

          ``(2) Use of fee.--Proceeds from the rental fees 
        collected under paragraph (1)(C) shall be available 
        until expended, without further appropriation, for the 
        historical park.
          ``(3) Terms of lease.--The Secretary may enter into a 
        lease with the University for a term of not more than 
        40 years if the land made available by the University 
        under paragraph (1) is leased at a nominal cost to the 
        Secretary.''.

    4. On page 4, line 18, strike ``4'' and insert ``3''.

                                Purpose

    The purpose of S. 1018 is to authorize the Secretary of the 
Interior to enter into an agreement with Northwestern State 
University in Natchitoches, Louisiana, to construct a 
curatorial facility to house the museum collection of the Cane 
River Creole National Historical Park and the National Center 
for Preservation Technology and Training.

                          Background and Need

    The Cane River Creole National Historical Park museum 
collection includes over 1,000,000 objects. However, the 
National Park Service does not have adequate space to house the 
collection, and most of the items are in leased space that 
fails to meet National Park Service museum standards, since 
there is no land in the area that is above the 500-year 
floodplain.
    The park has a longstanding partnership with Northwestern 
State University. In 1992, the National Center for Preservation 
Technology and Training (NCPTT) was established at Northwestern 
University. The center, which is a research division of the 
National Park Service, was established by Congress in 1994 to 
advance the use of science and technology in the field of 
historic preservation. Working in the fields of archeology, 
architecture, landscape architecture, and materials 
conservation, the NCPTT accomplishes its mission through 
training, education, research, technology transfer, and 
partnerships. The NCPTT requires additional space to house 
equipment and workspace connected with the development and 
dissemination of preservation and conservation skills and 
technologies. The University is willing to make available land 
suitable for the National Park Service to construct a facility 
for curatorial and workspace needs.

                          Legislative History

    S. 1018 was introduced by Senator Landrieu on May 11, 2009. 
The Subcommittee on National Parks held a hearing on the bill 
on March 17, 2010. The Committee on Energy and Natural 
Resources considered the bill and adopted amendments to it at 
its business meeting on June 16, 2010, and ordered S. 1018 
favorably reported, as amended, at its business meeting on June 
21, 2010.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 21, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1018, if amended as 
described herein.

                          Committee Amendments

    During the consideration of S. 1018, the Committee adopted 
amendments that struck the ``findings'' section, added lease 
language, and renumbered the subsequent sections. The 
amendments are explained in detail in the section-by-section 
analysis, below.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``National Park 
Service and Northwestern State University Collections 
Conservation Center Act''.
    Section 2 amends section 304 the Cane River Creole National 
Historical Park and National Heritage Area Act (16 U.S.C. 
410ccc-2) to include authorization for the Secretary of the 
Interior to enter into an agreement with Northwestern State 
University to construct a collections facility on University 
land. Provisions for fee-based rental of space to the 
University and lease terms are also included.
    Section 3 makes minor technical corrections to the Cane 
River Creole National Historical Park and National Heritage 
Area Act.

                   Cost and Budgetary Considerations

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

S. 1018--National Park Service and Northwestern State University 
        Collections Conservation Center Act

    Summary: S. 1018 would authorize the National Park Service 
(NPS) to enter into an agreement with the Northwestern State 
University to construct a facility to house the museum 
collection of the Cane River Creole National Historical Park in 
Louisiana.
    CBO estimates that enacting the bill would increase direct 
spending by $13 million over the 2011-2015 period. That amount 
would be spent on the construction of a new facility on land 
owned by the university. We estimate that managing the facility 
would not add significantly to the operating budget of the 
historical park, which is subject to appropriation.
    Because enacting the legislation would affect direct 
spending, pay-as-you-go procedures would apply. Enacting the 
bill would not affect revenues.
    S. 1018 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1018 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2011    2012    2013    2014    2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Estimated Budget Authority...................................      13       0       0       0       0        13
Estimated Outlays............................................       2       3       4       3       1       13
----------------------------------------------------------------------------------------------------------------
Note: CBO estimates that enacting the legislation would not affect direct spending after 2015.

    Basis of estimate: S. 1018 would authorize the NPS to enter 
into an agreement with the Northwestern State University to 
build a new facility for the agency on university land. 
Currently, the park's curatorial collections are housed in 
other locations within park boundaries. Under the bill, the new 
facility would be built on university land and also would 
provide space for the National Center for Preservation 
Technology and Training (an NPS entity) and the Williamson 
Museum collection (owned by the university). If the university 
rents space in the new facility, it would pay a fee to the NPS, 
which the agency would be authorized to use without further 
appropriation for the historical park.
    CBO expects that, under the bill, the NPS would enter into 
an agreement making the agency responsible for the costs of 
constructing the proposed facility. Because the new facility 
would be government property, the full cost of that 
construction should be recorded as new budget authority at the 
time the agreement is signed. Based on information provided by 
the NPS, CBO estimates that construction costs would total $13 
million over the 2011-2015 period, with no additional direct 
spending after 2015.
    We estimate that the costs of managing the facility would 
not add significantly to the cost of operating the historical 
park because the collections to be housed in the new facility 
are already housed and managed by the NPS onsite. Finally, we 
estimate that any offsetting receipts collected by the NPS for 
renting part of the facility to the university (and any 
resulting direct spending of such amounts) would be 
insignificant.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. S. 1018 would increase direct spending to construct 
the new federal facility. The changes in the deficit that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

 CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1018, THE NATIONAL PARK SERVICE AND NORTHWESTERN STATE UNIVERSITY COLLECTIONS CONSERVATION CENTER ACT, AS
                               ORDERED REPORTED BY THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON JUNE 21, 2010.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............       0       2       3       4       3       1       0       0       0       0       0        13         13
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 1018 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Samuel Wice.
    Estimate 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. 1018.
    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. 1018, as ordered reported.

                   Congressionally Directed Spending

    S. 1018, as ordered 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 
March 17, 2010 Subcommittee hearing on S. 1018 follows:

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

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 1018, a bill to authorize the Secretary of the 
Interior to enter into an agreement with Northwestern State 
University in Natchitoches, Louisiana, to construct a 
curatorial center for the use of Cane River Creole National 
Historical Park, the National Center for Preservation 
Technology and Training, and the university, and for other 
purposes.
    The Department supports S. 1018 with amendments described 
later in this statement. This legislation would authorize an 
agreement for constructing a facility on land owned by 
Northwestern State University that would help meet critical 
needs of the National Park Service. The facility would be known 
as the Collections Conservation Center.
    Located along the Cane River in Natchitoches Parish, 
Louisiana, Cane River Creole National Historical Park was 
established by Congress in 1994 to preserve the distinctive 
architecture and cultural landscapes of the only two, intact 
French Creole plantations in the United States, and to 
interpret the complex multicultural history of the Cane River 
area. The park preserves and protects a total of 67 historic 
structures at two locations, Magnolia Plantation and Oakland 
Plantation. Cane River Creole National Historical Park also 
contains a nationally significant museum collection estimated 
at more than one million objects, which represent all aspects 
of French Creole plantation life from the 1700s until the end 
of the plantation era. Most artifacts are stored in a former 
bar and restaurant, which is the only space available for 
lease. Other artifacts are stored in a three-sided historic 
tractor shed, which is located in the park. Present care and 
storage of these resources do not meet National Park Service 
museum standards. Consequently, precious museum objects are at 
risk of being exposed to inadequate temperature and humidity 
controls, periodic roof leaks, insect infestation, theft, and 
vandalism. A new state-of-the-art curatorial center would 
address these problems and was discussed in the park's 2001 
General Management Plan and its 2003 Museum Collection 
Management Plan.
    The National Center for Preservation Technology and 
Training is a research division of the National Park Service 
that was authorized under a 1992 amendment to the National 
Historic Preservation Act. It is located on the campus of 
Northwestern State University. In fulfilling its mission, the 
center conducts innovative conservation and collections 
management research and advances the use of science and 
technology in the field of historic preservation. The center 
has minimal laboratory space to conduct its work and is in need 
of additional space to house its laser conservation laboratory 
and materials research program.
    Northwestern State University's Williamson Museum houses an 
archaeological and ethnological museum collection related to 
the Southeastern Tribes of the United States. Frequently used 
by tribal members for research on cultural traditions, the 
museum also serves as a gathering place for tribes and the 
public during special events. The museum collection is 
currently inadequately housed and is inaccessible to school 
groups because of its location in a college classroom building 
that has no available bus parking nearby.
    Northwestern State University has available land that would 
be suitable for a structure that serves the purposes of the 
proposed Collections Conservation Center. The university is 
willing to contribute the use of the land for the center under 
the condition that the new center includes enough space to 
house its Williamson Museum collection, contingent on the 
approval of the Board of Supervisors for the University of 
Louisiana System. The anticipated cost to construct the center 
is approximately $12.5 million. Funding to build and operate 
the center would be subject to the availability of 
appropriations and NPS priorities.
    The land is above the 500-year floodplain, which is the 
level required for constructing curatorial facilities under 
National Park Service policies. It is also close to the 
building on campus used by the National Center for Preservation 
Technology and Training and it is about two miles away from the 
Cane River Creole National Historical Park headquarters. The 
authority for an agreement between the university and the 
National Park Service for a facility on the university's campus 
would be another facet of the close relationship between the 
two entities that was envisioned both in the enabling 
legislation for the preservation center, which provides for the 
center to be established on the university's campus, and in the 
enabling legislation for the park, which provides for a 
research program to be coordinated with the preservation center 
and the university.
    We recommend that the bill be amended to provide for a 
lease term of up to 40 years in order to provide maximum 
flexibility in amortizing the cost of the building, and to 
provide that the land at the university be leased to the 
National Park Service at nominal cost. We would be happy to 
work with the committee to provide appropriate language for 
those and other amendments.
    Mr. Chairman, this concludes my prepared remarks. I would 
be pleased to answer any questions you or any members of the 
Subcommittee may 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 Act S. 1018 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):

AN ACT To establish the Quinebaug and Shetucket Rivers Valley National 
 Heritage Corridor in the State of Connecticut, and for other purposes

(Approved November 2, 1994; Public Law 103-449)

           *       *       *       *       *       *       *



SEC. 304. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the 
historical park in accordance with this title and with 
provisions of law generally applicable to units of the National 
Park System, including the Act entitled `An Act to establish a 
National Park Service, and for other purposes', approved August 
25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4); and the Act of 
August 21, 1935 (49 Stat. 666, 16 U.S.C. 461-467). The 
Secretary shall manage the historical park in such a manner as 
will preserve resources and cultural landscapes relating to the 
Creole culture of the Cane River and enhance public 
understanding of the important cultural heritage of the Cane 
River region.

           *       *       *       *       *       *       *

    (e) Research.--The Secretary, acting through the National 
Park Service, shall coordinate a comprehensive research program 
on the complex history of the Cane River region, including 
ethnography studies of the living communities along the Cane 
River, and how past and present generations have adapted to 
their environment, including genealogical studies of families 
within the Cane River area. Research shall include, but not be 
limited to, the extensive primary historic documents within the 
Natchitoches and Cane River areas, and curation methods for 
their care and exhibition. The research program shall be 
coordinated with Northwestern State University of Louisiana, 
and the National Center for Preservation [of Technology] 
Technology and Training in Natchitoches.
    (f) Collections Conservation Center.--
          (1) In general.--The Secretary may enter into an 
        agreement with Northwestern State University (referred 
        to in this subsection as the `University') to construct 
        a facility on land owned by the University to be used--
                  (A) to house the museum collection of the 
                historical park;
                  (B) to provide additional space for use by 
                the National Center for Preservation Technology 
                and Training; and
                  (C) to provide space to the University for 
                educational purposes relating to the Williamson 
                Museum collection, if the University pays an 
                appropriate rental fee to the National Park 
                Service, as determined in the agreement entered 
                into under this paragraph.
          (2) Use of fee.--Proceeds from the rental fees 
        collected under paragraph (1)(C) shall be available 
        until expended, without further appropriation, for the 
        historical park.
          (3) Terms of lease.--The Secretary may enter into a 
        lease with the University for a term of not more than 
        40 years if the land made available by the University 
        under paragraph (1) is leased at a nominal cost to the 
        Secretary.

SEC. 305. ACQUISITION OF PROPERTY.

    (a) General Authority.--Except as otherwise provided in 
this section, the Secretary is authorized to acquire lands and 
[interest] interests therein within the boundaries of the 
historical park by donation, purchase with donated or 
appropriated funds, or exchange.

           *       *       *       *       *       *       *


                                  
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