```

[Senate Report 110-289]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 641
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-289

======================================================================

 
             WEIR FARM NATIONAL HISTORIC SITE AMENDMENT ACT

                                _______
                                

                 April 10, 2008.--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. 1247]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1247) to amend the Weir Farm National 
Historic Site Establishment Act of 1990 to limit the 
development of any property acquired by the Secretary of the 
Interior for the development of visitor and administrative 
facilities for the Weir Farm National Historic Site, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Weir Farm National Historic Site 
Amendment Act''.

SEC. 2. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES FOR WEIR FARM 
                    NATIONAL HISTORIC SITE.

  Section 4(d) of the Weir Farm National Historic Site Establishment 
Act of 1990 (16 U.S.C. 461 note) is amended--
          (1) in paragraph (1)(B), by striking ``contiguous to'' and 
        all that follows and inserting ``within Fairfield County.'';
          (2) by amending paragraph (2) to read as follows:
          ``(2) Development.--
                  ``(A) Maintaining natural character.--The Secretary 
                shall keep development of the property acquired under 
                paragraph (1) to a minimum so that the character of the 
                acquired property will be similar to the natural and 
                undeveloped landscape of the property described in 
                subsection (b).
                  ``(B) Treatment of previously developed property.--
                Nothing in subparagraph (A) shall either prevent the 
                Secretary from acquiring property under paragraph (1) 
                that, prior to the Secretary's acquisition, was 
                developed in a manner inconsistent with subparagraph 
                (A), or require the Secretary to remediate such 
                previously developed property to reflect the natural 
                character described in subparagraph (A).''; and
          (3) in paragraph (3), in the matter preceding subparagraph 
        (A), by striking ``the appropriate zoning authority'' and all 
        that follows through ``Wilton, Connecticut,'' and inserting 
        ``the local governmental entity that, in accordance with 
        applicable State law, has jurisdiction over any property 
        acquired under paragraph (1)(A)''.

    2. Amend the title so as to read: ``A bill to amend the 
Weir Farm National Historic Site Establishment Act of 1990, and 
for other purposes.''.

                                Purpose

    The purpose of S. 1247 is to amend the Weir Farm National 
Historic Site Establishment Act of 1990 to limit the 
development of any property acquired by the Secretary of the 
Interior for the development of visitor and administrative 
facilities for the Weir Farm National Historic Site.

                          Background and Need

    Public Law 101-485 established the Weir Farm National 
Historic Site to preserve the historic structures and 
landscapes associated with American Impressionist artist J. 
Alden Weir, and maintain ``the integrity of a setting that 
inspired artistic expression.'' The park's 1995 General 
Management Plan determined that all administrative and 
operational support functions should be located in off-site 
facilities, and in 1998, Public Law 105-363 authorized a 
boundary expansion of 15 acres. Using this authority, the 
National Park Service purchased nine acres in the town of 
Ridgefield, Connecticut, for the construction of the 
maintenance, curatorial and headquarters building.
    Public Law 105-363 required the National Park Service to 
reach agreement with the local communities of Ridgefield and 
Wilton, Connecticut, to coordinate the planning of the 
facility. Local concerns were raised about the construction of 
the 10,000 square foot ``support'' facility in a residential 
neighborhood. In addition, cost estimates for construction of 
the facility had increased substantially.
    Currently, the park leases 5,000 square feet of curatorial 
and maintenance space at the Georgetown Wire Mill. The National 
Park Service would like to exchange all or part of the nine 
acres it currently owns for 12,000 square feet of finished 
space at the Wire Mill, thereby reducing the projected 
construction, operating and maintenance costs for a maintenance 
and administrative facility. Since the Park Service would use 
all or part of the nine acres currently owned to exchange for 
the space at Georgetown Wire Mill, no acquisition funds are 
required. If appraisals indicate that the space at the 
Georgetown Wire Mill exceeds the value of the National Park 
Service land, the owners, Georgetown Land Corporation, would 
donate the difference per agreement.
    S. 1247 amends the enabling legislation for the Weir Farm 
National Historic Site to expand the geographic area in which 
the National Park Service could develop the administrative and 
maintenance facility for the park.

                          Legislative History

    S. 1247 was introduced by Senator Lieberman on April 26, 
2007. The Subcommittee on National Parks held a hearing on the 
bill on September 11, 2007 (S. Hrg. 110-213). At its business 
meeting on September 11, 2007, the Committee on Energy and 
Natural Resources ordered S. 1247 favorably reported, with an 
amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1247, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 1247, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
simplifies and clarifies the amendments to the underlying law 
establishing the Weir Farm National Historic Site. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Weir Farm 
National Historic Site Amendment Act.''
    Section 2 amends section 4(d) of the Weir Farm National 
Historic Site Establishment Act to allow development of an 
administrative and maintenance facility within Fairfield 
County, Connecticut. The original law required that the 
development be contiguous or in close proximity to the park. 
The section also adds language directing the Secretary of the 
Interior to keep development of the acquired property to a 
minimum, except that existing development of the acquired 
property is permitted.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1247--Weir Farm National Historic Site Amendment Act

    S. 1247 would expand the area that the National Park 
Service (NPS) may consider to construct visitor and 
administrative facilities for the Weir Farm National Historic 
Site. Under current law, NPS may acquire up to 15 acres of land 
for such purpose; however, the land must be contiguous or close 
in proximity to the historic site. The bill would allow NPS to 
consider all potential sites in Fairfield County, Connecticut, 
including land that has been previously developed from its 
original state.
    Because the legislation would not authorize additional 
funds for the acquisition of land or for the construction of 
facilities, CBO estimates that implementing S. 1247 would have 
no significant effect on the federal budget. Furthermore, based 
on information from NPS, CBO expects that any land acquired 
under the bill would be done through exchange.
    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.
    The CBO staff contact for this estimate is Daniel Hoople. 
This 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. 1247. 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. 1247, as ordered reported.

                   Congressionally Directed Spending

    S. 1247, as 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 
September 11, 2007 Subcommittee hearing on S. 1247 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the committee, thank you for 
the opportunity to appear before Farm National Historic Site 
Establishment Act of 1990, and for other purposes.
    The Department supports S. 1247, but would like to work 
with the committee to simplify the language in the bill.
    S. 1247 would amend the Weir Farm National Historic Site 
Establishment Act of 1990 (as amended by Public Law 105-363) to 
expand the geographic area in which the park could acquire up 
to 15 acres to develop visitor and administrative facilities. 
Public Law 105-363 required that the acquisition be ``in close 
proximity or contiguous to the park.'' Furthermore, by 
requiring a planning agreement with the towns of Ridgefield and 
Wilton, Connecticut before building a facility, Public Law 105-
363 appears to authorize land acquisition only within these two 
towns. S. 1247 would expand the National Park Service's 
authority so that it can consider the acquisition of property 
in all of Fairfield County, Connecticut, including a building 
in nearby Redding, Connecticut, that the park has leased for 
over 13 years for park curatorial and maintenance functions. 
This expanded authority would reduce the cost of building 
support facilities and would address concerns that local towns 
have expressed about the location of administrative facilities 
in residential neighborhoods.
    Weir Farm National Historic Site was established on October 
31, 1990 to preserve the historic structures and landscapes 
associated with American Impressionist artist Julian Alden 
Weir. The park's authorizing legislation identifies one of the 
park's purposes as ``to maintain the integrity of a setting 
that inspired artistic expression.'' In keeping with this 
purpose, the park's 1995 General Management Plan determined 
that all administrative and operational support functions 
should be located in off-site facilities. In 1998, Public Law 
105-363 authorized a boundary expansion of up to 15 acres, and 
in 2000, the National Park Service purchased nine acres in the 
town of Ridgefield, Connecticut under this authority.
    Public Law 105-363 required the National Park Service to 
enter into agreement with the towns of Ridgefield and Wilton, 
Connecticut, prior to building a facility. During discussions, 
concerns were raised about locating a 10,000 square foot 
facility in a residential neighborhood. In addition, cost 
estimates for building a facility on the newly acquired 
property had increased from $3.4 million to $5.9 million.
    To address local concerns and rising costs, the National 
Park Service would like to consider alternative sites, 
including space at the Georgetown Wire Mill (Mill), a 55-acre 
brownfield development site listed on the National Register of 
Historic Places and located less than 2 miles from the park, in 
the town of Redding, Connecticut. Currently, the park leases 
5,000 square feet of curatorial and maintenance space at the 
Mill. S. 1247 would allow the park to acquire 12,000 square 
feet of finished space at the Wire Mill in exchange for all or 
part of the nine acres acquired by the park in Ridgefield, 
Connecticut. This acquisition would reduce construction, 
operating, and maintenance costs for the park. Since the 
National Park Service would use all or part of the nine acres 
currently owned to exchange for the space at Georgetown Wire 
Mill, no acquisition funds are required. If appraisals indicate 
that the Georgetown Land Corporation (Corporation) building 
exceeds the value of the National Park Service land, the 
Corporation has agreed to donate the difference to the National 
Park Service.
    Environmental sustainability would be another benefit of 
the Mill site. Within the next two years, the Mill is expected 
to be certified as a Leadership in Energy and Environmental 
Design (LEED) village center with residential and commercial 
services and subsidies for artist housing.
    The language in S. 1247 that amends paragraph 2 of section 
4(d) of Public Law 101-485 is complex. Without changing the 
substance of the bill, the Department would like to work with 
the committee to make the language simpler and clearer.
    Mr. Chairman, this concludes my testimony. I would be happy 
to answer any questions you or other members of the 
subcommittee might 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 bill S. 1247 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 101-485

 AN ACT To establish the Weir Farm National Historic Site in the State 
                             of Connecticut

              (Approved October 31, 1990; 104 Stat. 1171)

    Be it enacted in the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Weir Farm National Historic 
Site Establishment Act of 1990''.

           *       *       *       *       *       *       *

    (d) Acquisition of Land for Visitor and Administrative 
Facilities; Limitations.--
          (1) Acquisition.--
                  (A) In general.--To preserve and maintain the 
                historic setting and character of the historic 
                site, the Secretary may acquire not more than 
                15 additional acres for the development of 
                visitor and administrative facilities for the 
                historic site.
                  (B) Proximity.--The property acquired under 
                this subsection shall be [contiguous to or in 
                close proximity to the property described in 
                subsection (b)] within Fairfield County.
                  (C) Management.--The acquired property shall 
                be included within the boundary of the historic 
                site and shall be managed and maintained as 
                part of the historic site.
          [(2) Development.--The Secretary shall keep 
        development of the property acquired under paragraph 
        (1) to a minimum so that the character of the acquired 
        property will be similar to the natural and undeveloped 
        landscape of the property described in subsection (b).]
          (2) Development.--
                  (A) Maintaining natural character.--The 
                Secretary shall keep development of the 
                property acquired under paragraph (1) to a 
                minimum so that the character of the acquired 
                property will be similar to the natural and 
                undeveloped landscape of the property described 
                in subsection (b).
                  (B) Treatment of previously developed 
                property.--Nothing in subparagraph (A) shall 
                either prevent the Secretary from acquiring 
                property under paragraph (1) that, prior to the 
                Secretary's acquisition, was developed in a 
                manner inconsistent with subparagraph (A), or 
                require the Secretary to remediate such 
                previously developed property to reflect the 
                natural character described in subparagraph 
                (A).
          (3) Agreements.--Prior to and as a prerequisite to 
        any development of visitor and administrative 
        facilities on the property acquired under paragraph 
        (1), the Secretary shall enter into one or more 
        agreements with [the appropriate zoning authority of 
        the town of Ridgefield, Connecticut, and the town of 
        Wilton, Connecticut,] the local governmental entity 
        that, in accordance with applicable State law, has 
        jurisdiction over any property acquired under paragraph 
        (1)(A) for the purposes of--
                  (A) developing the parking, visitor, and 
                administrative facilities for the historic 
                site; and
                  (B) managing bus traffic to the historic site 
                and limiting parking for large tour buses to an 
                offsite location.

           *       *       *       *       *       *       *

                                  

```