S. Rept. 105-328 - WEIR FARM NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 1990105th Congress (1997-1998)
Committee Report
| Report Type: | Senate Report |
|---|---|
| Accompanies: | S.1718 |
| Committees: |
S. Rept. 105-328 - 105th Congress (1997-1998)
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Senate Report 105-328 - WEIR FARM NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 1990
[Senate Report 105-328]
[From the U.S. Government Publishing Office]
Calendar No. 571
105th Congress Report
SENATE
2d Session 105-328
_______________________________________________________________________
WEIR FARM NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 1990
_______
September 14, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1718]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1718) to amend the Weir Farm National
Historic Site Establishment Act of 1990 to authorize the
acquisition of additional acreage for the historic site to
permit the development of visitor and administrative facilities
and to authorize the appropriation of additional amounts for
the acquisition of real and personal property, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
On page 2, strike line 21, through page 3, line 11 and insert in
lieu thereof the following:
`` `(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).' ''.
Purpose of the Measure
The purpose of S. 1718, as ordered reported, is to amend
the enabling Act for Weir Farm national historic Site to
authorize the Secretary of the Interior to purchase
approximately 15 acres of land and to increase the
authorization ceiling from $1,500,000 to $4,000,000.
Background and Need
J. Alden Weir, an American impressionist painter, summered
at Weir Farm, near Wilton, Connecticut, for nearly 40 years.
The 60-acre site includes Weir's home, studio, barns, a visitor
center and a second studio built by sculptor, Mahonri Young.
The landscape that surrounds the area served as subject matter
for many of Weir's paintings. Visitors can now stand where the
artist set up his easel and compare paintings with the scenes
that inspired him. Weir Farm National Historic Site was
established by an Act of Congress (Public Law 101-485) on
October 31, 1990.
This legislation would authorize the National Park Service
to purchase, through donated or appropriated funds, 15 acres
which are adjacent to the existing park boundary. The acreage
is privately-owned and mostly undeveloped except for one house
which, under park plans, would be converted to a new visitor
center, administrative facilities and art gallery. The park's
General Management Plan identified this 15-acre tract as an
appropriate site to build facilities while maintaining the
integrity of the surrounding landscape. The addition of the
property and facilities would provide the National Park Service
with the opportunity to display, for the public, paintings by
Weir and other artists.
Legislative History
S. 1718 was introduced by Senators Lieberman and Dodd on
March 5, 1998 and referred to the Committee on Energy and
Natural Resources. The Subcommittee on National Parks, Historic
Preservation, and Recreation held a hearing on S. 1718 on July
16, 1998.
At its business meeting on July 29, 1998, the Committee on
Energy and Natural Resources ordered S. 1718, favorably
reported, as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 29, 1998, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 1718, if
amended as described herein.
Committee Amendment
During the consideration of S. 1718, the Committee adopted
an amendment which removes the statutory limits on the number
of parking spaces, the restrictions on the nature of allowable
retail items, and the prohibition against selling food.
Summary of S. 1718
S. 1718 amends Public Law 101-485 (the enabling Act for the
Weir Farm National Historic Site) to authorize the Secretary of
the Interior to purchase up to 15 acres of privately-owned
lands to develop a visitor center and administrative
facilities. The park's boundary would be expanded to
includethese lands. S. 1718 directs the Secretary to keep the
development of the property to a minimum in order to maintain a natural
and undeveloped landscape; and enter into one or more agreements with
the towns of Ridgefield and Wilton, Connecticut prior to development of
any facilities.
The Committee understands that the town of Ridgefield and
the National Park Service have worked closely together to
ensure that the development of the visitor center will not
unduly impact the town and local traffic. The Committee notes
that the Park Service and town have agreed to several specific
conditions for the development, including limitations on
parking and food sales. It is the Committee's understanding
that the Park Service will incorporate these agreements into
its development plan for the visitor center.
S. 1718 increases the park's land acquisition authorization
ceiling from $1,500,000 to $4,000,000.
Cost and Budgetary Considerations
The following estimate of costs of this measure have been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 13, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1718, a bill to
amend the Weir Farm National Historic Site Establishment Act of
1990 to authorize the acquisition of additional acreage for the
historic site to permit the development of visitor and
administrative facilities and to authorize the appropriation of
additional amounts for the acquisition of real and personal
property.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
June E. O'Neil, Director.
Enclosure.
S. 1718--A bill to amend the Weir Farm National Historic Site
Establishment Act of 1990 to authorize the acquisition of
additional acreage for the historic site to permit the
development of visitor and administrative facilities and to
authorize the appropriation of additional amounts for the
acquisition of real and personal property
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 1718 would cost the federal
government between $4 million and $9 million over the next five
years and less than $500,000 annually thereafter. The bill
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. S. 1718 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
S. 1718 would authorize the National Park Service (NPS) to
acquire up to 15 acres of land near the Weir Farm National
Historic Site to construct visitor and administrative
facilities. The acquired land would be added to the boundary of
the historic site. The bill would require that the NPS, before
developing this land, execute agreements with local authorities
for providing parking and managing bus traffic. Finally, the
bill would increase the limit on appropriations for land
acquisition at the site from $1.5 million to $4 million.
CBO estimates that purchasing additional land near Weir
Farm would cost between $0.8 million and $2 million, depending
on the number of acres the NPS chooses to acquire and on the
property's value, which will be determined by future
appraisals. We estimate that the cost of constructing visitor
and administrative facilities on the acquired site would be
about $7 million. According to the NPS, private organizations
could finance as much as one-half of this amount; if so, the
federal share of the project would be about $3.5 million.
Federal receipts would probably not be affected because these
organizations would likely provide their contribution to the
project directly or in kind. CBO estimates that annual costs to
operate the new facilities would be between $300,000 and
$400,000, beginning after fiscal year 2003. These estimates are
based on information provided by the NPS and assume
appropriation of the necessary amounts.
The CBO staff contact is Deborah Reis. This estimate was
approved by Robert A. Sunshine, 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. 1718. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
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
enactment of S. 1718, as ordered reported.
Executive Communications
The testimony of the Department of the Interior at the
Subcommittee hearing follows:
Statement of Denis Galvin, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 1718, a bill to amend
the Weir Farm National Historic Site Establishment Act of 1990.
We support enactment of S. 1718 with two amendments outlined in
our testimony.
Weir Farm was established in 1990 to protect and to
preserve the home and studio of J. Alden Weir. Of the 238 acres
originally owned by Weir, the historic site is composed of 60
acres of the most significant property. The land and structures
are integral to the historic landscapes that inspired the
artist. It is inappropriate to use this prime, historic setting
for administrative purposes.
Open for only a few years, Weir Farm is already a popular
cultural tourism destination. To serve visitors while
protecting the historic integrity of its cultural landscape,
Weir Farm needs modest off-site administrative and visitor
facilities. The recently adopted general management plan
identified approximately 15 acres of suitable nearby lands,
available from willing sellers. The National Park Service has
subsequently analyzed several of these parcels in detail, and
has developed a preliminary site plan for the new facilities,
which would adaptively reuse a 1950s era house and property.
Visitor traffic would be intercepted at this site, much closer
to the main approach road, thus nearly eliminating visitor
traffic from the narrow, winding road that continues on to the
historic site. The quiet pastoral landscape of this artist's
retreat will not be spoiled by cars and tour buses parking
along a narrow road bordered by stone walls. Details of the
site plan have been developed in full consultation with
neighbors and appropriate local regulatory bodies.
The National Park Service and the townspeople of
neighboring Ridgefield, Connecticut have developed a strategy
for accommodating visitor and administrative services. Many
elements of that strategy are contained in this legislation.
This effort is the result of extensive work between Park
Service staff and the citizens of a small town. It represents
an excellent cooperative relationship with a gateway community.
Weir Farm's General Management Plan (GMP) was adopted after
a full environmental impact study and consultation process.
This legislation enables implementation of this carefully
conceived GMP.
In addition to authorizing the acquisition of additional
land, S. 1718 would require that an agreement be established
between the Secretary and the town of Ridgefield for the
purpose of developing parking and facilities, and managing bus
traffic to the site, consistent with the development objectives
of the town.
The bill is specific in these details, in part, because the
surrounding community wants to be assured that its values are
respected in the resulting development. There is understandable
concern that traffic and the flow of visitors not adversely
affect the surrounding neighborhood.
It is important to note that while all of these limitations
are consistent with the General Management Plan, we feel that
detailed issues of parking capacity and bus flow should be
addressed in the above-referenced agreement with the town,
rather than the legislation. Consequently, we recommend that
the language specifying the details of parking lot size, bus
traffic and sale of food be deleted.
We have two reasons for this amendment. One, we want to
avoid the necessity of coming back to Congress to request minor
changes in parking and traffic management that both the town
and the Park Service may agree are necessary in the future.
Two, we do not want to set a precedent for other NPS areas,
where future legislation would dwell on minute details of park
management. Times change, visitor-use trends change and
protection strategies require even-higher levels of
sophistication. Casting detailed provisions for park management
in law impedes our ability to respond effectively as conditions
evolve.
There are always incremental decisions and adjustments when
a project like this is constructed in a sensitive area. To try
to legislate all of this in advance is neither practical nor
necessary.
This point can be illustrated by making a clarifying
observation regarding parking capacity. Our ongoing
understanding with the town envisions a 30-space visitor
parking area, with an additional administrative parking area.
The bill before us requires that any parking area constructed
for the visitor and administrative facilities shall not exceed
30 spaces. We believe this is an inadvertent error, as original
language, forwarded from the town of Ridgefield to the
delegation recognized provision for the administrative spaces.
We also recommend that S. 1718 include an amendment to
remove a restriction contained in the 1990 enabling
legislation, prohibiting the use of federal funds to buy art at
Weir Farm. This is the only enabling legislation that prohibits
government purchase of related art.
At Saint Gaudens National Historic Site, the only other
park in the system with the primary purpose of preserving an
American artist's home and studio, federal funds have been used
very sparingly over the decades to help generate many important
gifts of Saint Gaudens' work that have come to the site.
By design, the art collection at Weir Farm will be
developed largely through donations by the primary nonprofit
park-operating partner, the Weir Farm Heritage Trust. However,
it is important to the purposes of this historical park to be
able to leverage significant private donations with the use of
modest federal funding.
Displaying art produced at Weir Farm, or by its artist
residents, is central to the park mission and a significant
feature of the General Management Plan.
Mr. Chairman, that concludes our written testimony. I will
be glad to answer any questions you may 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. 1718, 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, October 31, 1990)
* * * * * * *
SEC. 4. ESTABLISHMENT OF WEIR FARM NATIONAL HISTORIC SITE.
* * * * * * *
(b) Description.--The historic site shall consist of--
(1) the approximately 2 acre core parcel containing
the Weir house, studio, and barn; and
(2) the approximately 60 acres and improvements
thereon owned by the State of Connecticut; both as
generally depicted on a map entitled ``Land Ownership
Map, Weir Farm Historic Site'', Figure 5, dated October
1989, as contained in the National Park Service Weir
Farm Suitability/Feasibility Study, February, 1990.
Such map shall be on file and available for public
inspection in the appropriate offices of the National
Park Service.
* * * * * * *
(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).
(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 siste.
(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).
(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 1 or more
agreements with the appropriate zoning authority of the
town of Ridgefield, Connecticut, and the town of
Wilton, Connecticut, 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.
* * * * * * *
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purpose of this Act, except that not
more than ($1,500,000 may) $4,000,000 be appropriated for the
acquisition of real and personal property.