[House Report 114-447]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-447
======================================================================
TO FACILITATE THE ADDITION OF PARK ADMINISTRATION AT THE COLTSVILLE
NATIONAL HISTORICAL PARK, AND FOR OTHER PURPOSES
_______
March 10, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 2857]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2857) to facilitate the addition of park
administration at the Coltsville National Historical Park, 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. AMENDMENT TO COLTSVILLE NATIONAL HISTORICAL PARK DONATION
SITE.
Section 3032(b) of Public Law 113-291 (16 U.S.C. 410qqq) is amended--
(1) in paragraph (2)(B), by striking ``East Armory'' and
inserting ``Colt Armory Complex''; and
(2) by adding at the end the following:
``(4) Additional administrative conditions.--No non-Federal
property may be included in the park without the written
consent of the owner. The establishment of the park or the
management of the park shall not be construed to create buffer
zones outside of the park. That activities or uses can be seen,
heard or detected from areas within the park shall not
preclude, limit, control, regulate, or determine the conduct or
management of activities or uses outside of the park.''.
Purpose of the Bill
The purpose of H.R. 2857 is to facilitate the addition of
park administration at the Coltsville National Historical Park.
Background and Need for Legislation
Coltsville National Historical Park, located in Hartford,
Connecticut, was authorized to be included as a unit of the
National Park System (provided certain conditions are met) in
2014 by Public Law 113-291. The Coltsville site is
approximately 260 acres and holds structures and artifacts
associated with the development of Colt Firearms, the Samuel
Colt family, and their place in American history. Included in
these facilities are the Colt home, industrial buildings, and a
church.
Public Law 113-291 specified that Coltsville will not
become a unit of the National Park System until such time as
the Secretary of the Interior ``has acquired by donation
sufficient land or an interest in land within the boundary of
the park to constitute a manageable unit.'' Additionally, the
law requires that at least 10,000 square feet of space in the
East Armory be provided by the state of Connecticut, Hartford,
or the private property owner, as appropriate, for park
administration and visitor services.
Since the passage of Public Law 113-291, discussions of
where the National Park Service (NPS) would establish offices,
a visitor's center, and a place to display artifacts and
exhibits related to Coltsville's story have evolved. The NPS
and a private developer who built apartments and office
buildings in armories and factory buildings on the site
identified two empty, dilapidated brownstone buildings adjacent
to the East Armory that NPS feels more fully meet its needs.
The NPS believes that the two brownstone buildings are better
suited to welcome visitors because they are at street level and
directly adjacent to parking. H.R. 2857 modifies the original
requirement that 10,000 square feet of space in the East Armory
be provided for park administration and visitors services. This
change simply allows NPS to select an alternative location
within the park boundary.
Committee Action
H.R. 2857 was introduced on June 23, 2015, by Congressman
John B. Larson (D-CT). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. On February 2, 2016, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. Congressman Tom McClintock
(R-CA) offered an amendment designated #1. The amendment was
adopted by unanimous consent. No other amendments were offered,
and the bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent on February 3,
2016.
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.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2857--A bill to facilitate the addition of park administration at
the Coltsville National Historic Park, and for other purposes
H.R. 2857 would revise the boundaries of the Coltsville
National Historic Park in Connecticut. The Coltsville site is
about 260 acres of land and structures that hold artifacts
associated with Colt Firearms and the Samuel Colt family. H.R.
2857 would allow the National Park Service (NPS) to use space
outside of the area stipulated under current law as the
National Historic Park.
Under H.R. 2857, NPS would relocate some existing
facilities to the new area. CBO estimates that any costs to
implement H.R. 2857 would be insignificant and subject to the
availability of appropriated funds.
Because enacting H.R. 2857 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 2857 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 2857 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Marin Burnett.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. The Congressional
Budget Office estimates that any implementation costs ``would
be insignificant and subject to the availability of
appropriated funds.''
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 facilitate the addition of park
administration at the Coltsville National Historical Park.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
CARL LEVIN AND HOWARD P. BUCK MCKEON NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2015
* * * * * * *
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
* * * * * * *
TITLE XXX--NATURAL RESOURCES RELATED GENERAL PROVISIONS
* * * * * * *
Subtitle C--National Park System Units
* * * * * * *
SEC. 3032. COLTSVILLE NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(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 (k)(1).
(3) Historic district.--The term ``Historic
District'' means the Coltsville Historic District.
(4) Map.--The term ``map'' means the map entitled
``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.
(b) 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] Colt Armory Complex which would
include facilities for park administration and
visitor services; and
(C) the Secretary has entered into a written
agreement with the State, city, or other public
entity, as appropriate, providing that land
owned by the State, city, or other public
entity within the Coltsville Historic District
shall be managed consistent with this section.
(3) Notice.--Not later than 30 days after the date on
which the Secretary makes a determination under
paragraph (2), the Secretary shall publish in the
Federal Register notice of the establishment of the
park.
(4) Additional administrative conditions.--No non-
Federal property may be included in the park without
the written consent of the owner. The establishment of
the park or the management of the park shall not be
construed to create buffer zones outside of the park.
That activities or uses can be seen, heard or detected
from areas within the park shall not preclude, limit,
control, regulate, or determine the conduct or
management of activities or uses outside of the park.
(c) 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.
(d) Availability of Map.--The map shall be on file and
available for public inspection in appropriate offices of the
National Park Service.
(e) Collections.--The Secretary may 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 other areas of the park to
enhance the visitor experience.
(f) Administration.--
(1) In general.--The Secretary shall administer the
park in accordance with--
(A) this section; and
(B) the laws generally applicable to units of
the National Park System, including--
(i) the National Park Service Organic
Act (16 U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16
U.S.C. 461 et seq.).
(2) State and local jurisdiction.--Nothing in this
section enlarges, diminishes, or modifies any authority
of the State, or any political subdivision of the State
(including the city)--
(A) to exercise civil and criminal
jurisdiction; or
(B) to carry out State laws (including
regulations) and rules on non-Federal land
located within the boundary of the park.
(g) Cooperative Agreements.--
(1) In general.--As the Secretary determines to be
appropriate to carry out this section, the Secretary
may enter into cooperative agreements to carry out this
section, under which the Secretary may identify,
interpret, restore, rehabilitate, and provide technical
assistance for the preservation of nationally
significant properties within the boundary of the park.
(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.
(h) Acquisition of Land.--
(1) In general.--The Secretary is authorized to
acquire land and interests in land by donation,
purchase with donated or appropriated funds, or
exchange, except that land or interests in land owned
by the State or any political subdivision of the State
may be acquired only by donation.
(2) No condemnation.--The Secretary may not acquire
any land or interest in land for the purposes of this
section by condemnation.
(i) 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.
(j) Management Plan.--
(1) In general.--Not later than 3 fiscal years after
the date on which funds are made available to carry out
this section, the Secretary, in consultation with the
Commission, shall complete a management plan for the
park in accordance with--
(A) 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
(B) other applicable laws.
(2) 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.
(3) Submission to congress.--On completion of the
management plan, the Secretary shall submit the
management plan to--
(A) the Committee on Natural Resources of the
House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(k) Coltsville National Historical Park Advisory
Commission.--
(1) Establishment.--There is established a Commission
to be known as the ``Coltsville National Historical
Park Advisory Commission''.
(2) Duty.--The Commission shall advise the Secretary
in the development and implementation of the management
plan.
(3) Membership.--
(A) Composition.--The Commission shall be
composed of 11 members, to be appointed by the
Secretary, of whom--
(i) 2 members shall be appointed
after consideration of recommendations
submitted by the Governor of the State;
(ii) 1 member shall be appointed
after consideration of recommendations
submitted by the State Senate
President;
(iii) 1 member shall be appointed
after consideration of recommendations
submitted by the Speaker of the State
House of Representatives;
(iv) 2 members shall be appointed
after consideration of recommendations
submitted by the Mayor of Hartford,
Connecticut;
(v) 2 members shall be appointed
after consideration of recommendations
submitted by Connecticut's 2 United
States Senators;
(vi) 1 member shall be appointed
after consideration of recommendations
submitted by Connecticut's First
Congressional District Representative;
(vii) 2 members shall have experience
with national parks and historic
preservation;
(viii) all appointments must have
significant experience with and
knowledge of the Coltsville Historic
District; and
(ix) 1 member of the Commission must
live in the Sheldon/Charter Oak
neighborhood within the Coltsville
Historic District.
(B) Initial appointments.--The Secretary
shall appoint the initial members of the
Commission not later than the earlier of--
(i) the date that is 30 days after
the date on which the Secretary has
received all of the recommendations for
appointments under subparagraph (A); or
(ii) the date that is 30 days after
the park is established.
(4) Term; vacancies.--
(A) Term.--
(i) In general.--A member shall be
appointed for a term of 3 years.
(ii) Reappointment.--A member may be
reappointed for not more than 1
additional term.
(B) Vacancies.--A vacancy on the Commission
shall be filled in the same manner as the
original appointment was made.
(5) Meetings.--The Commission shall meet at the call
of--
(A) the Chairperson; or
(B) a majority of the members of the
Commission.
(6) Quorum.--A majority of the Commission shall
constitute a quorum.
(7) Chairperson and vice chairperson.--
(A) In general.--The Commission shall select
a Chairperson and Vice Chairperson from among
the members of the Commission.
(B) Vice chairperson.--The Vice Chairperson
shall serve as Chairperson in the absence of
the Chairperson.
(C) Term.--A member may serve as Chairperson
or Vice Chairperson for not more than 1 year in
each office.
(8) Commission personnel matters.--
(A) Compensation of members.--
(i) In general.--Members of the
Commission shall serve without
compensation.
(ii) 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.
(B) Staff.--
(i) 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.
(ii) Detail of employees.--The
Secretary may accept the services of
personnel detailed from the State or
any political subdivision of the State.
(9) FACA nonapplicability.--Section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
(10) Termination.--
(A) In general.--Unless extended under
subparagraph (B), the Commission shall
terminate on the date that is 10 years after
the date of the enactment of this Act.
(B) Extension.--
(i) Recommendation.--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.
(ii) Term of extension.--If, based on
a recommendation under clause (i), the
Secretary determines that the
Commission is still necessary, the
Secretary may extend the life of the
Commission for not more than 10 years.
* * * * * * *
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