[Senate Report 107-182]
[From the U.S. Government Publishing Office]
Calendar No. 450
107th Congress Report
SENATE
2d Session 107-182
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RENAMING WOLF TRAP FARM PARK AS ``WOLF TRAP NATIONAL PARK FOR THE
PERFORMING ARTS,'' AND FOR OTHER PURPOSES
_______
June 26, 2002.--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. 2440]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2440) to rename Wolf Trap Park as ``Wolf
Trap National Park for the Performing Arts,'' 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. 2440 is to rename Wolf Trap Farm Park
as ``Wolf Trap National Park for the Performing Arts,'' and for
other purposes.
Background and Need
Catherine Filene Shouse donated 100 acres of her Vienna,
Virginia farmland to the U.S. Government, as well as funds to
build a 6,800 seat theater, in order to reserve the former farm
as a park where people could enjoy nature and the performing
arts. Congress accepted her gift in 1966 and in 1971 Wolf
Trap's Filene Center was built. The Wolf Trap Farm Park was
authorized as the first National Park System unit for the
performing arts.
Wolf Trap Farm Park now encompasses approximately 130 acres
of rolling countryside in Virginia. The National Park Service
collaborates with the Wolf Trap Foundation, a 501(c)(3) non-
profit organization in a public-private partnership to offer
cultural, natural and educational opportunities to the public.
The National Park Service maintains the grounds of Wolf Trap
Farm Park while the Wolf Trap Foundation selects and develops
the educational programming, handles ticket sales, marketing,
and publicity, and raises the necessary funds to support these
programs.
The name change proposed by this legislation would
alleviate public confusion about the park's name, while
recognizing the role this facility plays in the nation's
natural, cultural and educational life.
Legislative History
H.R. 2440, sponsored by Representative Tom Davis, was
passed by the House of Representatives on November 28, 2001.
The Subcommittee on National Parks held a hearing on H.R. 2440
on February 14, 2002. The Committee on Energy and Natural
Resources considered H.R. 2440 at its business meeting on May
15, 2002, and ordered the bill favorably reported at its
business meeting on June 5, 2002.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on June 5, 2002, by a voice vote of a
quorum present, recommends that the Senate pass H.R. 2440.
Section-by-Section Analysis
Section 1 amends the Wolf Trap Farm Park Act (Public 89-
671; 16 U.S.C. 284) to--
(1) rename Wolf Trap Farm Park as the ``Wolf Trap
National Park for the Performing Arts'';
(2) exempt Wolf Trap National Park for the Performing
Arts from laws, rules, and regulations that are
applicable solely to units of the National Park System
that are designated as a ``National Park''; and
(3) require any map, publication, sign, notice, or
other official document or communication of the Federal
Government or the Wolf Trap Foundation to refer to the
park as ``Wolf Trap National Park for the Performing
Arts.''
Section 2 makes technical corrections in the Wolf Trap Farm
Park Act.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 11, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2440, an act to
rename Wolf Trap Farm Park as ``Wolf Trap National Park for the
Performing Arts.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts for this
estimate are Deborah Reis (for federal costs), and Marjorie
Miller (for the state and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2440--An act to rename Wolf Trap Farm Park as ``Wolf Trap National
Park for the Performing Arts''
H.R. 2440 would rename the Wolf Trap Farm Park as the Wolf
Trap National Park for the Performing Arts. Implementing this
change would have no significant effect on the budget of the
National Park Service, which administers the park as a unit of
the National Park System. The act would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply.
H.R. 2440 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA) because it would
require that any sign or notice pertaining to the park refer to
it by the complete new name--a requirement that would apply to
signs erected by the state of Virginia. Based on information
provided by state officials, however, CBO estimates that the
costs of complying with this mandate would be minimal, and so
would be well below the threshold established by UMRA ($58
million in 2002, adjusted annually for inflation).
Enactment for this legislation would have no other impact
on the budgets of state, local, or tribal governments. The act
contains no new private-sector mandates as defined in UMRA.
On December 6, 2001, CBO transmitted a cost estimate for
H.R. 2440 as ordered reported by the House Committee on
Resources on November 28, 2001. The two versions of the
legislation are identical, as are our cost estimates.
The CBO staff contacts for this estimate are Deborah Reis
(for federal costs), and Marjorie Miller (for the state and
local impact). This estimate was approved by Peter H. Fontaine,
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 H.R. 2440. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
property.
Little, if any, additional paperwork would result from the
enactment of H.R. 2440.
Executive Communications
The testimony provided by the National Park Service at the
subcommittee hearing follows:
Statement of Durand Jones, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before you today to present the views of the Department of the
Interior on S. 202 and H.R. 2440, bills that would rename Wolf
Trap Farm Park as ``Wolf Trap National Park for the Performing
Arts.''
The Department supports the intent of both bills, but
recommends the approval of H.R. 2440 as passed by the House of
Representatives on December 11, 2001.
A name change from ``Wolf Trap Farm Park'' to ``Wolf Trap
National Park for the Performing Arts'' has been sought by the
Wolf Trap Foundation as a way of increasing its visibility as a
venue for performing arts and a part of the National Park
System, which could potentially help with fundraising. The Wolf
Trap Foundation has been an extraordinary partner for the park,
bringing a high degree of professionalism to both its
operational responsibilities and its fundraising initiatives,
and running excellent educational and artistic programs.
The Department agrees that changing the name of the park to
better reflect its purpose and status makes sense. ``Wolf Trap
Farm'' was the name of the property that became Wolf Trap Farm
Park, but most people who live in the Washington, D.C. area
know the park simply as ``Wolf Trap.'' The phrase ``for the
performing arts'' is already commonly used in literature about
the park and in advertisements for performances there. In
addition, most units of the National Park System have the word
``national'' in their names. For these reasons, the name ``Wolf
Trap National Park for the Performing Arts'' is appropriate for
this site.
The proposal to rename Wolf Trap Farm Park as ``Wolf Trap
National Park for the Performing Arts'' was first introduced a
few years ago. Originally, the National Park Service was
concerned that use of the name ``National Park'' would place
Wolf Trap in a category of a type of park unit that implies a
large, spectacular natural place that has a wide variety of
attributes, often including significant historic assets.
Additionally, we were concerned that the park could be subject
to laws that apply only to national parks and not other units
of the National Park System.
Both S. 202 and H.R. 2440 successfully address these
concerns by providing that any laws, rules, or regulations that
are applicable solely to units of the National Park System that
are designated as a ``national park'' shall not apply to Wolf
Trap National Park for the Performing Arts. Both bills also
require the use of the full name ``Wolf Trap National Park for
the Performing Arts,'' at least for official purposes. These
provisions help make it clear that as a ``national park for the
performing arts,'' Wolf Trap would be in a category of its own
within the National Park System that would be separate and
distinct from the system's 56 national parks.
The reason we recommend approval of H.R. 2440 as passed by
the House is because it contains a simple requirement that
Federal employees and Foundation employees use the new name in
full in all official documents and communications, and that the
full name also be used on directional signs and official signs
and notices. S. 202, by contrast, contains a general
prohibition on any reference to the park other than by the name
``Wolf Trap National Park for the Performing Arts,'' which
presents legal concerns about the ability of the Federal
government to enforce this provision with non-Federal entities.
Finally, the proposed name change would not change Wolf
Trap's legal status, nor would it alter the way that the park
is administered. The National Park Service would continue the
same level of management and would maintain Wolf Trap to the
same standards that have always been applied at the park.
Mr. Chairman, the concludes my statement. I would be happy
to respond to respond to any questions you or other committee
members may have regarding these bills.
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 H.R. 2440, 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 89-671
AN ACT To provide for the establishment of the Wolf Trap Farm Park in
Fairfax County, Virginia, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That for
the purpose of establishing in the National Capital area a park
for the performing arts and related educational programs, and
for recreation use in connection therewith, the Secretary of
the Interior is authorized to establish, develop, improve,
operate, and maintain the [Wolf Trap Farm Park] Wolf Trap
National Park for the Performing Arts in Fairfax County,
Virginia. The park shall encompass the portions of the property
formerly known as Wolf Trap Farm and Symphony Hill in Fairfax
County, Virginia, to be donated for park purposes to the United
States, and such additional lands or interests therein as the
Secretary may acquire for purposes of the park by donation or
purchase with donated or appropriated funds, the aggregate of
which shall not exceed one hundred and forty-five acres.
Sec. 2. The Secretary of the Interior shall administer the
park in accordance with the provisions of section 1 of this Act
and the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4),
as amended and supplemented, except that laws, rules, or
regulations that are applicable solely to units of the National
Park System that are designated as a ``National Park'' shall
not apply to Wolf Trap National Park for the Performing Arts.
* * * * * * *
Sec. 4. (a) * * *
* * * * * * *
(c) No grants or loans may be made under this section
unless the Secretary has entered into a written agreement with
the Foundation under which the Foundation agrees--
(1) * * *
* * * * * * *
(3) to maintain, during the term of the cooperative
agreement described in section (5), and at the
Foundation's expense, insurance on the Center
respecting such risks, in such amounts, and containing
such terms and conditions, as are satisfactory to the
Secretary.
Any repairs or reconstruction carried out with [Funds] funds
obtained from the receipt of the proceeds of any such insurance
shall be subject to the approval of the Secretary.
* * * * * * *
Sec. 11. As used in this Act, the term--
(1) * * *
(2) ``Park'' means the [Wolf Trap Farm Park] Wolf
Trap National Park for the Performing Arts established
under this Act, including the Center.
Sec. 12. This Act may be referred to as the ``[Wolf Trap
Farm Park] Wolf Trap National Park for the Performing Arts
Act.''
* * * * * * *
SEC. 14. REFERENCES.
(a) By Federal Employees.--The Secretary of the Interior,
any other Federal employee, and any employee of the Foundation,
with respect to any reference to the park in any map,
publication, sign, notice, or other official document or
communication of the Federal Government or Foundation shall
refer to the park as ``Wolf Trap National Park for the
Performing Arts''.
(b) Other Signs and Notices.--Any directional or official
sign or notice pertaining to the park shall refer to the park
as ``Wolf Trap National Park for the Performing Arts''.
(c) Federal Laws and Documents.--Any reference in any law
(other than this Act), regulation, document, record, map, or
other paper of the United States to ``Wolf Trap Farm Park''
shall be considered to be a reference to ``Wolf Trap National
Park for the Performing Arts''.