II 

Calendar No. 271 

112TH CONGRESS 

2D SESSION S. 323 

[Report No. 112–109] 

To establish the First State National Historical Park in the State of 

Delaware, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2011 

Mr. CARPER (for himself and Mr. COONS) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

JANUARY 13, 2012 

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

by Mr. BINGAMAN, without amendment 

A BILL 

To establish the First State National Historical Park in 

the State of Delaware, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘First State National 

5 Historical Park Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) HISTORICAL PARK.—The term ‘‘historical 

4 park’’ means the First State National Historical 

5 Park established by section 3(a)(1). 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (3) STATE.—The term ‘‘State’’ means the State 

9 of Delaware. 

10 SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK. 

11 (a) ESTABLISHMENT.— 

12 (1) IN GENERAL.—Subject to paragraph (3), 

13 there is established in the State the First State Na14 tional Historical Park, to be administered as a unit 

15 of the National Park System. 

16 (2) PURPOSES.—The purposes of the historical 

17 park are to preserve, protect, and interpret the na18 tionally significant cultural and historic resources in 

19 the State that are associated with— 

20 (A) early Dutch, Swedish, and English set21 tlement of the Colony of Delaware; and 

22 (B) the role of Delaware as the first State 

23 to ratify the Constitution. 

24 (3) DETERMINATION BY SECRETARY.— 

25 (A) IN GENERAL.—The historical park 

26 shall not be established until the date on which 


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1 the Secretary determines that sufficient land or 

2 interests in land have been acquired from 

3 among the sites described in subsection (b) to 

4 constitute a manageable park unit. 

5 (B) NOTICE.—Not later than 30 days 

6 after making a determination under subpara7 graph (A), the Secretary shall publish a notice 

8 in the Federal Register of the establishment of 

9 the historical park, including an official bound10 ary map for the historical park. 

11 (C) AVAILABILITY OF MAP.—The map 

12 published under subparagraph (B) shall be on 

13 file and available for public inspection in the 

14 appropriate offices of the National Park Serv15 ice. 

16 (b) HISTORIC SITES.—The Secretary may include the 

17 following sites in the State within the boundary of the his18 torical park: 

19 (1) The Old Sherriff’s House in New Castle 

20 County, Delaware. 

21 (2) Fort Christina National Historic Landmark 

22 in New Castle County, Delaware. 

23 (3) Old Swedes Church National Historic Land24 mark in New Castle County, Delaware. 


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1 (4) Old New Castle Courthouse in New Castle, 

2 Delaware. 

3 (5) John Dickinson Plantation National His4 toric Landmark in Kent County, Delaware. 

5 (6) Dover Green in Kent County, Delaware. 

6 (7) Ryves Holt House in Sussex County, Dela7 ware. 

8 SEC. 4. ADMINISTRATION. 

9 (a) IN GENERAL.—The Secretary shall administer 

10 the historical park in accordance with— 

11 (1) this Act; and 

12 (2) the laws generally applicable to units of the 

13 National Park System, including— 

14 (A) the National Park System Organic Act 

15 (16 U.S.C. 1 et seq.); and 

16 (B) the Act of August 21, 1935 (16 U.S.C. 

17 461 et seq.). 

18 (b) LAND ACQUISITION.— 

19 (1) IN GENERAL.—The Secretary may acquire 

20 all or a portion of any of the sites described in sec21 tion 3(b), including easements or other interests in 

22 land, by purchase from a willing seller, donation, or 

23 exchange. 

24 (2) BOUNDARY ADJUSTMENT.—On acquisition 

25 of land or an interest in land under paragraph (1), 


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1 the boundary of the historical park shall be adjusted 

2 to reflect the acquisition. 

3 (c) INTERPRETIVE TOURS.—The Secretary may pro4 vide interpretive tours to sites and resources in the State 

5 that are located outside the boundary of the historical 

6 park and associated with the purposes for which the his7 torical park is established, including— 

8 (1) Fort Casimir; 

9 (2) DeVries Monument; 

10 (3) Amstel House; 

11 (4) Dutch House; and 

12 (5) Zwaanendael Museum. 

13 (d) COOPERATIVE AGREEMENTS.— 

14 (1) IN GENERAL.—The Secretary may enter 

15 into a cooperative agreement with the State, political 

16 subdivisions of the State, institutions of higher edu17 cation, nonprofit organizations, and individuals to 

18 mark, interpret, and restore nationally significant 

19 historic or cultural resources within the boundaries 

20 of the historical park, if the cooperative agreement 

21 provides for reasonable public access to the re22 sources. 

23 (2) COST-SHARING REQUIREMENT.— 

24 (A) FEDERAL SHARE.—The Federal share 

25 of the total cost of any activity carried out 


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1 under a cooperative agreement entered into 

2 under paragraph (1) shall be not more than 50 

3 percent. 

4 (B) FORM OF NON-FEDERAL SHARE.—The 

5 non-Federal share may be in the form of in6 kind contributions or goods or services fairly 

7 valued. 

8 (e) MANAGEMENT PLAN.— 

9 (1) IN GENERAL.—Not later than 3 fiscal years 

10 after the date on which funds are made available to 

11 carry out this subsection, the Secretary shall com12 plete a management plan for the historical park. 

13 (2) APPLICABLE LAW.—The management plan 

14 shall be prepared in accordance with section 12(b) of 

15 Public Law 91–383 (16 U.S.C. 1a–7(b)) and other 

16 applicable laws. 

17 SEC. 5. NATIONAL LANDMARK STUDY. 

18 (a) IN GENERAL.—Not later than 3 years after the 

19 date on which funds are made available to carry out this 

20 section, the Secretary shall complete a study assessing the 

21 historical significance of additional properties in the State 

22 that are associated with the purposes of historical park. 

23 (b) REQUIREMENTS.—The study prepared under 

24 subsection (a) shall include an assessment of the potential 


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1 for designating the additional properties as National His2 toric Landmarks. 

3 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this Act. 


srobinson on DSK4SPTVN1PROD with BILLS
Calendar No. 271 

112TH CONGRESS 

2D SESSION S. 323 

[Report No. 112–109] 

A BILL 

To establish the First State National Historical 

purposes. Park in the State of Delaware, and for other 

JANUARY 13, 2012 

Reported without amendment 


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