[DOCID: f:sr311.110]
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Calendar No. 663
110th Congress Report
SENATE
2d Session 110-311
======================================================================
LOWELL NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT 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 H.R. 299]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 299) to adjust the boundary of Lowell
National Historical Park, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the Act do pass.
Purpose
The purpose of H.R. 299 is to amend the enabling
legislation for Lowell National Historical Park in
Massachusetts to modify the park boundary to include 5 small
parcels of land totaling less than one acre.
Background and Need
H.R. 299 authorizes the Secretary of the Interior to
acquire five small tracts totaling less than one acre to add to
the boundary at Lowell National Historical Park in
Massachusetts. The tracts are needed to complete development of
the Canalway, a linear park and walkway.
Acquisition of these tracts will provide the access points
necessary for development, maintenance, and surveillance in
order to complete the Canalway. Approximately two miles of
walkway along the park's 5.61-mile historic power canal system
remain incomplete. Funding for construction of the remaining
portion of the system is being sought through partnership and
grant programs. Acquisition rights and associated boundary
changes are needed to ensure that park visitors will have
access to the entire system.
Legislative History
H.R. 299, sponsored by Congressman Meehan, passed the House
of Representatives by a voice vote on March 5, 2007. Companion
legislation, S. 867, was introduced by Senators Kennedy and
Kerry on March 13, 2007. The Subcommittee on National Parks
held hearings on both bills on September 27, 2007. (S. Hrg.
110-266.) The Committee on Energy and Natural Resources ordered
H.R. 299 favorably reported without amendment on January 30,
2008.
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 H.R. 299.
Section-by-Section Analysis
Section 1 contains the short title, the ``Lowell National
Historic Park Boundary Adjustment Act.''
Section 2 modifies the boundary to include 5 parcels of
land identified on the referenced map.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 299--Lowell National Historical Park Boundary Adjustment Act
H.R. 299 would modify the boundary of the Lowell National
Historical Park in Massachusetts to include five new parcels of
land totaling less than 1 acre. Assuming availability of the
necessary amounts, CBO estimates that the National Park Service
would spend less than $200,000 to acquire land within the
expanded boundary. We estimate that additional administrative
costs to manage the new properties would be minimal. Enacting
H.R. 299 would not affect revenues or direct spending.
The bill contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). H.R. 299 would
impose a private-sector mandate, as defined in the UMRA, if the
Secretary of the Interior acquires any of the five parcels of
land for inclusion in the Lowell National Historical Park by
means of condemnation. The cost of that mandate would be equal
to the value of the property. Since the aggregate value of the
five parcels is about $200,000, CBO estimates that the cost of
the mandate would fall well below the annual threshold
established in UMRA for private-sector mandates ($136 million
in 2008, adjusted annually for inflation).
The CBO staff contacts for this estimate are Deborah Reis
(for federal costs), and MarDestinee C. Perez (for the private-
sector impact). 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 and H.R. 299. The act 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 H.R. 299, as ordered reported.
Congressionally Directed Spending
H.R. 299, 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 27, 2007 subcommittee hearing follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, members of the subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on S. 867 and H.R. 299, bills to adjust the boundary
of Lowell National Historical Park, and for other purposes.
The Department supports enactment of these bills.
These bills would authorize the Secretary of the Interior
to acquire five small tracts of land, totaling less than one
acre, and to include these tracts in the boundary of the Lowell
National Historical Park. These five small parcels are
important to the park's operation.
Lowell National Historical Park preserves and interprets
the nationally significant historic and cultural sites,
structures and districts in Lowell, Massachusetts, that
represent the most significant planned industrial city in the
United States and symbolize, in physical form, the Industrial
Revolution. The park tells the human story of the Industrial
Revolution and the changing role of technology in a 19th and
20th century setting. The cultural heritage of many of the
ethnic groups that immigrated to the United States during the
19th and early 20th century, and which continues today, is
still preserved in Lowell's neighborhoods. The park provides a
vehicle for economic progress in the community, encouraging
creative and cooperative preservation and interpretive
programs.
The tracts included in this bill are needed to complete
development of the Canalway, a linear park and walkway along
Lowell's 5.6-mile historic power canal system. The acquisition
of these tracts will provide the access points necessary for
development, maintenance, and visitor protection in order to
complete the Canalway. Approximately two miles of the walkway
along Lowell's 5.6-mile canal system remain incomplete.
Acquisition rights and associated boundary changes are needed
to ensure that park visitors will have access to the entire
system and to give the park the right to develop and maintain
these canal walkways.
S. 867 and H.R. 299 would authorize the Secretary to
acquire the tracts in fee, or by easement, purchase or
donation, and if necessary, by means of condemnation. The
original 1978 legislation establishing Lowell National
Historical Park contains condemnation authority for the
Secretary and the now defunct Lowell Historic Preservation
Commission. The National Park Service (NPS) inherited the
assets of the Commission when it ceased operations in 1995.
Although condemnation authority has not been used in 20 years,
it is needed now because NPS has been unable to obtain clear
title to one of these small tracts through the usual means of
title and record searches.
Dating back to the 1800s, tract ownership is uncertain and
NPS has not been able to locate or determine the owners. The
NPS would use condemnation authority to gain clear title only
if owners of the parcels cannot be identified after further
attempts through notice in local newspapers is unsuccessful.
The Lowell City Council will be consulted and condemnation
authority will be used only with its concurrence, as required
in the park's enabling legislation. If the Lowell City Council
would oppose our intention to use condemnation authority, the
park would not proceed.
As has been the practice of the Lowell National Historical
Park throughout its Canalway acquisition program, donated
easements and fee acquisition will be sought as a first course
of action. In the event that property owners are unwilling to
donate fee or easement rights, funding for these acquisitions
will be sought through public and private funding sources. This
bill will not result in any increases to operational costs for
the park.
The proposed legislation is supported by the Commonwealth
of Massachusetts, the City of Lowell, the Lowell Historic
Board, and the Lowell Plan/Lowell Development and Financial
Corporation.
Mr. Chairman that concludes my testimony and I will be
happy to answer any questions from you or members of the
subcommittee.
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 H.R. 299 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 95-290, 95th Congress
AN ACT To provide for the establishment of the Lowell National
Historical Park in the Commonwealth of Massachusetts, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 101.
(a)(1) To carry out the purpose of this Act, there is
established as a unit of the National Park System in the city
of Lowell, Massachusetts, the Lowell National Historical Park.
There is further established in an area adjacent to the park
the Lowell Historic Preservation District, which will be
administered by the Secretary and by the Commission in
accordance with this Act. The boundaries of the park and
preservation district shall be the boundaries depicted on the
map entitled ``Lowell National Historical Park,
Massachusetts'', dated March 1978, and numbered ``Lowe-
80,008A''. Such map shall be on file and available for
inspection in the office of the National Park Service,
Department of the Interior; and in the office of the city
clerk, city of Lowell.
(2) The Secretary shall publish in the Federal Register, as
soon as practicable after the date of the enactment of this
Act, a detailed description and map of the boundaries
established under paragraph (1) of this subsection.
(3) The boundaries of the park are modified to include five
parcels of land identified on the map entitled `Boundary
Adjustment, Lowell National Historical Park,' numbered 475/
81,424B and dated September 2004, and as delineated in section
202(a)(2)(G).
* * * * * * *
ACQUISITION OF PROPERTY
Sec. 202.(a)(1) The Secretary is authorized to acquire the
properties designated in paragraph (2) of this subsection, or
any interest therein, by donation, purchase with donated or
appropriated funds, condemnation, or otherwise. Any property or
interest therein owned by the Commonwealth of Massachusetts or
any political subdivision thereof may be acquired only by
donation. The Secretary may initiate condemnation proceedings
under this paragraph only after making every reasonable effort
to acquire property through negotiations and purchase, and
consulting with the Commission (if established) and the city
council of Lowell.
(2) The properties referred to in paragraph (1) of this
subsection are the following:
(A) The Linus Childs House. 63 Kirk Street.
(B) The H and H Paper Company (Commonly referred to
as Boott Mill Boarding House), 42 French Street.
(C) Old City Hall, 226 Merrimack Street.
(D) Merrimack Gatehouse, 269 Merrimack Street.
(E) The Wannalancit Textile Company, 562 Suffolk
Street.
(F) The Structures containing the Jade Pagoda and
Solomon's Yard Goods, 210 and 200 Merrimack Street.
(G) The properties shown on the map identified in
subsection (101)(a)(3) as follows:
(i) 91 Pevey Street.
(ii) The portion of 607 Middlesex Place.
(iii) Eagle Court.
(iv) The portion of 50 Payne Street.
(v) 726 Broadway.
* * * * * * *
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