19–010 

Calendar No. 271 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–109 

FIRST STATE NATIONAL HISTORICAL PARK 

JANUARY 13, 2012.—Ordered to be printed 

Filed, under authority of the order of the Senate of December 17, 2011 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 323] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 323) to establish the First State National Historical Park in the State of Delaware, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 323 is to establish the First State National 

Historical Park in the State of Delaware. 

BACKGROUND AND NEED

The Delaware National Coastal Special Resources Study Act 

(Public Law 109–338) directed the Secretary of the Interior to conduct a special resources study of the national significance, suitability, and feasibility of including sites in the coastal region of the 

State of Delaware in the National Park System. The study area 

predominately comprised the coastal regions of the state, but also 

included some other areas of significance, including the historic 

Odessa district, and areas such as Cooch’s Bridge, the site of the 

only Revolutionary engagement fought in Delaware. The coastal 

study area ran from Wilmington, Delaware, to the Maryland border. 

After completion of the study in 2008, the National Park Service 

found that selected resources met the criteria for potential designation as a unit of the National Park System. 


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There are several historical and cultural resources located within 

the project area including Holy Trinity (‘Old Swedes’) Church, numerous sites in the New Castle Historic Landmark District, Lombardy Hall, and the Stonum House. All of these sites are also National Historic Landmarks and open, to varying degrees, to the 

public. Publically-owned National Historic Landmarks include Fort 

Christina State Park, the New Castle Court House in the New Castle NHL District, and the John Dickinson house. 

S. 323 would establish First State National Historical Park by 

incorporating many of the above sites; creating Delaware’s first 

unit of the National Park System. 

LEGISLATIVE HISTORY

Senators Carper and Coons introduced S. 323 on February 10, 

2011. The Subcommittee on National Parks held a hearing on S. 

323 on May 11, 2011. The Committee on Energy and Natural Resources ordered S. 323 favorably reported without amendment at 

its business meeting on November 10, 2011. 

During the 111th Congress, the Committee considered similar 

legislation, S. 1801, also sponsored by Senator Carper. The Subcommittee on National Parks held a hearing on S. 1801 on May 19, 

2010 (S. Hrg. 111–645). 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on November 10, 2011, by a voice vote of a quorum 

present, recommends that the Senate pass S. 323. Senators Lee 

and corker asked to be recorded as opposing the measure. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘First State National Historical Park Act’’. 

Section 2 defines key terms. 

Section 3(a) establishes the First State National Historical Park 

as a unit of the National Park System in Delaware at such time 

as the Secretary of the Interior determines that sufficient land or 

interests in land have been acquired from among sires described in 

subsection (b) to constitute a manageable park unit. 

Subsection (b) authorizes the Secretary to include the named historic sites within the boundary of the historical park. 

Section 4 sets forth the Secretary’s requirements for administering the park. 

Subsection (a) this Act requires that the Secretary administer 

the park in accordance with the National Park System Organic Act, 

and the Historic Sites Act. 

Subsection (b) authorizes the Secretary to modify the boundary 

of the park to include acquired lands. 

Subsection (c) states that the Secretary may provide interpretative tours to historic sites and resources in Delaware, which are 

outside the park boundary. 

Subsection (d) provides that the Secretary may enter into cooperation agreements with public and private entities to mark, interpret, and restore naturally significant resources within the park 


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boundary, subject to the requirement that non-federal parties pay 

at least half the costs. 

Subsection (e) directs the Secretary to complete a management 

plan for the park within 3 years after the date funds are made 

available. 

Section 5 directs the Secretary to complete a study assessing the 

historical significance of additional properties in the State that are 

associated with the purposes of the park, including those that could 

be considered National Historic Landmarks. 

Section 6 authorizes the appropriations of such sums as are necessary to carry out the Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 323—First State National Historical Park Act 

S. 323 would establish the First State National Historical Park 

in Delaware when the National Park Service (NPS) obtains enough 

property (through donation) 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 S. 323 would cost about $4 million over the 2012–2016 period. Enacting S. 323 would not affect 

direct spending or revenues; therefore, pay-as-you-go procedures do 

not apply. 

Based on information provided by the NPS, CBO estimates that 

the agency would spend about $1 million over the next three years 

to prepare a general management plan for the proposed park and 

a study to determine the suitability of designating additional properties as National Historic Landmarks. We estimate that federal 

costs to operate the park would be about $500,000 annually. 

S. 323 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. 

The CB0 staff contact for this estimate is Martin von Gnechten. 

The estimate was 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. 323. 

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. 323, as ordered reported. 


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CONGRESSIONALLY DIRECTED SPENDING

S. 323, 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 Department of the Interior at the 

May 11, 2011, Subcommittee hearing on S. 323 follows. 

STATEMENT OF STEVEN E. WHITESELL, ASSOCIATE DIREC- TOR FOR PARK PLANNING, FACILITIES, AND LANDS, NA- TIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present 

the Department of the Interior’s views on S. 323, a bill to 

establish the First State National Historical Park in the 

State of Delaware. 

The Department strongly supports the establishment of 

a unit of the national park system in Delaware as proposed by S. 323. 

In 2008, pursuant to Public Law 109–338, the National 

Park Service completed a Special Resource Study of the 

coastal area of Delaware and identified a number of resources of national significance that were determined suitable and feasible to administer as a unit of the national 

park system. These included historic resources that were 

instrumental in early Swedish, Dutch, and English settlement in the United States, and others associated with 

Delaware’s role as the nation’s first state. Although the 

bill provides the Secretary of the Interior the discretion to 

determine which sites in the State would be included within the boundary of the historical park, we anticipate that 

only resources that met the Special Resource Study criteria for establishment as a national park unit would be 

considered for inclusion. 

In 1638, Peter Minuet led Swedish colonists to present 

day Wilmington, Delaware, and established New Sweden 

at a point known as ‘‘the rocks’’ on the Christina River. 

The settlers constructed Fort Christina at this location and 

this site is now a National Historic Landmark. In 1698, 

Swedish settlers established Holy Trinity (‘‘Old Swedes’’) 

Church near the fort, the oldest church building standing 

as originally built in the United States and also a National 

Historic Landmark. 

In 1651, Peter Stuyvesant led Dutch settlers from New 

Amsterdam and constructed Fort Casimir at a place he 

named ‘‘New Amstel,’’ in present day New Castle, Delaware. Conflicts between the Swedish and Dutch colonists 

resulted in changing occupations of the fort with the Dutch 

regaining control in 1655. In 1665, the English arrived at 

New Amstel and seized control of the settlement, renaming 

it ‘‘New Castle.’’ William Penn landed in New Castle in 

1682 and took possession of the city. In 1704, Penn established Delaware’s Assembly and New Castle remained the 

colonial capital of Delaware until 1776. The New Castle 


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Historic District, which contains multiple resources from 

the time of earliest settlement through the Federal era, including the Old New Castle Courthouse, is a National Historic Landmark. 

Delaware’s representatives to the Continental Congress 

and the Constitutional Convention played important parts 

in the adoption of the Declaration of Independence and 

crafting of the United States Constitution. On June 15, 

1776, the Delaware Assembly, meeting in New Castle, 

voted to sever its ties with the English Crown, three weeks 

prior to the signing of the Declaration in Philadelphia on 

July 4th. National Historic Landmarks associated with 

these early revolutionary leaders include the homes of 

John Dickinson (the ‘‘Penman of the Revolution’’), Gunning 

Bedford, Jr., and George Read. The Dover Green witnessed 

Delaware’s vote to become the first state to ratify the nation’s new Constitution. 

S. 323 would authorize the Secretary of the Interior to 

establish the First State National Historical Park consisting of any resources listed in Section 3(b) of the bill 

that the Secretary acquires. The staff of the new park 

would be authorized to interpret related resources outside 

of the boundary, within the state of Delaware. The Special 

Resource Study estimated annual operating costs for the 

park at $450,000 to $550,000 and costs associated with a 

general management plan at $600,000. All funding would 

be subject to NPS priorities and the availability of appropriations. A study of additional resources related to the 

purpose of the park is also authorized to assess their potential eligibility for National Historic Landmark designation and options for maintaining the historic integrity of 

such resources. 

S. 323 also proposes to allow including within the park 

boundary the Ryves Holt House—a part of the historic district in Lewes, Delaware. This district and the Ryves Holt 

House are listed on the National Register of Historic 

Places at the local level of significance and the National 

Register nomination for the district indicates that today its 

significance is based primarily on its fine examples of Victorian architecture. Although the bill provides the Secretary with the discretion to decide which properties may 

be included within the boundary of the park, the Department questions allowing the Ryves Holt House to be eligible for addition to the park boundary, since it is not a National Historic Landmark, does not meet the required national significance criterion for unit designation, and is inconsistent with the park’s purpose as outlined in Section 

3(a) of S. 323. 

However, we note that Section 4(c) of S. 323 permits interpretation of resources related to the purposes of the 

park but located outside of its boundary. Any extant resources in Lewes, either within or outside of the historic 

district, which relate to early Dutch, Swedish, and English 

settlement or to Delaware’s role as the first state, would 

thus be eligible for interpretation without including this 


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district in the park boundary. Such resources would also 

be candidates for further analysis as to their National Historic Landmark potential under the bill’s study provisions 

in Section 5. 

Mr. Chairman, that concludes my testimony. I would be 

happy to respond to any questions that you or other members of the committee may have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by S. 323, as ordered reported. 

Æ 


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