[Senate Report 111-254]
[From the U.S. Government Publishing Office]
Calendar No. 524
111th Congress Report
SENATE
2d Session 111-254
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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).
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By fiscal year, in millions of dollars--
--------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
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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
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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.
* * * * * * *