II 

Calendar No. 58 

113TH CONGRESS 

1ST SESSION S. 347 

[Report No. 113–27] 

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 14, 2013 

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 

APRIL 22, 2013 

Reported by Mr. WYDEN, with an amendment 

[Insert the part printed in italic] 

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— 

9 (A) the State of Delaware; and 

10 (B) in the case of the property described in 

11 section 3(b)(8), the States of Delaware and 

12 Pennsylvania. 

13 SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK. 

14 (a) ESTABLISHMENT.— 

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

16 there is established the First State National Histor17 ical Park, to be administered as a unit of the Na18 tional Park System. 

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

20 park are to preserve, protect, and interpret the na21 tionally significant cultural and historic resources in 

22 the State that are associated with— 

23 (A) early Dutch, Swedish, and English set24 tlement of the Colony of Delaware and portions 

25 of the Colony of Pennsylvania; and 

26 (B) the role of Delaware — 


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1 (i) in the birth of the United States; 

2 and 

3 (ii) as the first State to ratify the 

4 Constitution. 

5 (3) DETERMINATION BY SECRETARY.— 

6 (A) IN GENERAL.—The historical park 

7 shall not be established until the date on which 

8 the Secretary determines that sufficient land or 

9 interests in land have been acquired from 

10 among the sites described in subsection (b) to 

11 constitute a manageable park unit. 

12 (B) NOTICE.—Not later than 30 days 

13 after making a determination under subpara14 graph (A), the Secretary shall publish a notice 

15 in the Federal Register of the establishment of 

16 the historical park, including an official bound17 ary map for the historical park. 

18 (C) AVAILABILITY OF MAP.—The map 

19 published under subparagraph (B) shall be on 

20 file and available for public inspection in the 

21 appropriate offices of the National Park Serv22 ice. 

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

24 following sites within the boundary of the historical park 

25 as generally depicted on the maps numbered 1 through 


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1 6, entitled ‘‘First State National Historical Park, New 

2 Castle, Kent, Sussex Counties, DE and Delaware County, 

3 PA’’ and ‘‘First State National Historical Park, 

4 Woodlawn’’, numbered T19/80,000G, and dated February 

5 2013: 

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

7 County, Delaware, as depicted on map 4 of 6. 

8 (2) Fort Christina National Historic Landmark 

9 in New Castle County, Delaware, as depicted on 

10 map 3 of 6. 

11 (3) Old Swedes Church National Historic Land12 mark in New Castle County, Delaware, as depicted 

13 on map 3 of 6. 

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

15 Delaware, as depicted on map 4 of 6. 

16 (5) John Dickinson Plantation National His17 toric Landmark in Kent County, Delaware, as de18 picted on map 5 of 6. 

19 (6) Dover Green in Kent County, Delaware, as 

20 depicted on map 5 of 6. 

21 (7) Ryves Holt House in Sussex County, Dela22 ware, as depicted on map 6 of 6. 

23 (8) The Woodlawn property in New Castle 

24 County, Delaware, and Delaware County, Pennsyl25 vania, as depicted on map 2 of 6. 


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1 (9) Old New Castle Green, in New Castle, Dela2 ware, as depicted on map 4 of 6. 

3 SEC. 4. ADMINISTRATION. 

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

5 the historical park in accordance with— 

6 (1) this Act; and 

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

8 National Park System, including— 

9 (A) the National Park System Organic Act 

10 (16 U.S.C. 1 et seq.); and 

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

12 461 et seq.). 

13 (b) LAND ACQUISITION.— 

14 (1) METHODS.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the Secretary may acquire 

17 all or a portion of any of the sites described in 

18 section 3(b), including easements or other inter19 ests in land, by purchase from a willing seller, 

20 donation, or exchange. 

21 (B) DONATION ONLY.— 

22 (i) PROPOSED NPS SITE.—The Sec23 retary may acquire only by donation all or 

24 a portion of the property identified as 

25 ‘‘Proposed NPS Site’’ on map 2 of 6 entiVerDate Mar 15 2010 00:06 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S347.RS S347

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1 tled ‘‘First State National Historical Park, 

2 Woodlawn’’, numbered T19/80,000G, and 

3 dated February 2013, including easements 

4 or other interests in land. 

5 (ii) AREA FOR POTENTIAL ADDITION

6 BY DONATION.—The Secretary may ac7 quire only by donation all or a portion of 

8 the property identified as ‘‘Area for Poten9 tial Addition by Donation’’ on map 2 of 6 

10 entitled ‘‘First State National Historical 

11 Park, Woodlawn’’, numbered T19/ 

12 80,000G, and dated February 2013. 

13 (2) BOUNDARY ADJUSTMENT.—On acquisition 

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

15 the boundary of the historical park shall be adjusted 

16 to reflect the acquisition. 

17 (c) INTERPRETIVE TOURS.—The Secretary may pro18 vide interpretive tours to sites and resources in the State 

19 that are located outside the boundary of the historical 

20 park and associated with the purposes for which the his21 torical park is established, including— 

22 (1) Fort Casimir; 

23 (2) DeVries Monument; 

24 (3) Amstel House; 

25 (4) Dutch House; and 


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1 (5) Zwaanendael Museum. 

2 (d) COOPERATIVE AGREEMENTS.— 

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

4 into a cooperative agreement with the State, political 

5 subdivisions of the State, institutions of higher edu6 cation, nonprofit organizations, and individuals to 

7 mark, interpret, and restore nationally significant 

8 historic or cultural resources within the boundaries 

9 of the historical park, if the cooperative agreement 

10 provides for reasonable public access to the re11 sources. 

12 (2) COST-SHARING REQUIREMENT.— 

13 (A) FEDERAL SHARE.—The Federal share 

14 of the total cost of any activity carried out 

15 under a cooperative agreement entered into 

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

17 percent. 

18 (B) FORM OF NON-FEDERAL SHARE.—The 

19 non-Federal share may be in the form of in20 kind contributions or goods or services fairly 

21 valued. 

22 (e) MANAGEMENT PLAN.— 

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

24 after the date on which funds are made available to 


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1 carry out this subsection, the Secretary shall com2 plete a management plan for the historical park. 

3 (2) APPLICABLE LAW.—The management plan 

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

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

6 applicable laws. 

7 SEC. 5. NATIONAL LANDMARK STUDY. 

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

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

10 section, the Secretary shall complete a study assessing the 

11 historical significance of additional properties in the State 

12 that are associated with the purposes of historical park. 

13 (b) REQUIREMENTS.—The study prepared under 

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

15 for designating the additional properties as National His16 toric Landmarks. 

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this Act. 

20 SEC. 7. OFFSET. 

21 Section 7302(f) of the Omnibus Public Land Manage22 ment Act of 2009 (16 U.S.C. 469n(f)) is amended by insert23 ing before the period at the end the following: ‘‘, except that 

24 the amount authorized to be appropriated to carry out this 

25 section not appropriated as of the date of enactment of the 


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1 First State National Historical Park Act shall be reduced 

2 by $6,500,000’’. 


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Calendar No. 58 

113TH CONGRESS 

1ST SESSION S. 347 

[Report No. 113–27] 

A BILL 

To establish the First State National Historical 

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

APRIL 22, 2013 

Reported with an amendment 


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