[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.