[Senate Report 110-369]
[From the U.S. Government Publishing Office]
Calendar No. 801
110th Congress Report
SENATE
2d Session 110-369
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MINUTE MAN NATIONAL HISTORICAL PARK BOUNDARY REVISION ACT
_______
June 16, 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. 2513]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2513) to modify the boundary of the
Minute Man National Historical Park, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 2513 is to modify the boundary of the
Minute Man National Historical Park in the Commonwealth of
Massachusetts.
BACKGROUND AND NEED
On April 18th and 19th, 1775, British troops marched from
Cambridge, Massachusetts, to the farm of colonial militia
leader Colonel James Barrett in Concord in an effort to
confiscate stolen brass cannons and arrest the American
rebellion's leaders. In the weeks before the British patrol,
Barrett's farm had been home to the cannons, munitions, and
other arms, but the militia had received advanced warning of
the British army's plan, and had hidden the arms in the fields
and surrounding countryside.
At Concord, the militia forces, led in part by Colonel
Barrett, engaged the British at the town's Old North Bridge.
The British retreated and colonial militias harried them all
the way back to Boston. The day's activities, which became
known as the Battle of Lexington and Concord, marked the
beginning of the war between Britain and the American colonies
and the start of the colonial siege of Boston.
Minute Man National Historical Park, established by
Congress on September 21, 1959, protects many of the locations
associated with the Battle of Lexington and Concord, but not
Colonel Barrett's farm. Public Law 109-419 directed the
Secretary of the Interior to conduct a study to evaluate the
significance of Colonel Barrett's farm and to assess the
suitability and feasibility of including the farm in the
National Park System as part of the Minute Man National
Historical Park.
The Park Service sent the final study to Congress in March
2008. The study concluded that the expansion of the boundary to
include the home and surrounding farmland of Colonel Barrett
met the criteria for boundary expansions and that inclusion
within the boundary was important to ensure the protection of
nationally significant resources and values.
S. 2513 would adjust the boundary of the park to include 67
acres of land, including the Barrett farm.
LEGISLATIVE HISTORY
S. 2513 was introduced by Senator Kennedy on December 18,
2007. Senator Kerry is a cosponsor. The Subcommittee on
National Parks held a hearing on S. 2513 on April 23, 2008.
At its business meeting on May 7, 2008, the Committee on
Energy and Natural Resources ordered S. 2513 favorably
reported, without amendment.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 2513 without
amendment.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title for the bill.
Section 2 defines key terms used in the bill.
Section 3(a) states that the boundary of the Minute Man
National Historical Park is modified pursuant to a referenced
map.
Subsection (b) authorizes the Secretary of the Interior to
acquire land or an interest in land by purchase from willing
sellers, donation, or exchange.
Subsection (c) directs the Secretary to administer the
lands within applicable laws.
Section 4 states that there are authorized to be
appropriated such sums as are necessary to carry out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2513--Minute Man National Historical Park Boundary Revision Act
S. 2513 would modify the boundary of the Minute Man
National Historical Park in Massachusetts. Based on information
provided by the National Park Service (NPS) and assuming
appropriation of the necessary amounts, CBO estimates that
implementing S. 2513 would cost $2.5 million over the 2009-2013
period. Enacting the bill would have no effect on revenues or
direct spending.
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.
S. 2513 would add about 70 acres to the boundary of the
historical park and authorize the NPS to acquire the additional
acreage by purchase, donation, or exchange. CBO expects that
most of the land to be added by the bill would continue to be
owned and managed by the town of Concord. We estimate that the
NPS would purchase less than five acres, including the site of
the James Barrett Farm, for about $2 million in 2009. Federal
costs to restore and develop that property would not be
significant because the current owner, a local nonprofit
organization, is currently restoring it with private donations.
Finally, we estimate that ongoing costs to operate and maintain
the new property would be about $100,000 a year.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, 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. 2513. 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. 2513, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2513, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined by rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The views of the Administration were included in testimony
received by the Committee at a hearing on S. 2513 on April 23,
2008.
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 2513, a bill to modify the boundary of
Minute Man National Historical Park to include the home and
surrounding farmland of Colonel James Barrett and the area
around the Joshua Brooks House.
The Department supports the enactment of this bill.
In December 2006, Congress directed the Secretary of the
Interior to conduct a study to evaluate the significance of the
Colonel James Barrett Farm and to assess the suitability and
feasibility of including the farm in the National Park System
as part of the Minute Man National Historical Park. The
National Park Service consulted affected property owners, state
and local governments, preservation organizations, and the
public, and incorporated their views into the findings of the
study. The boundary study and environmental assessment,
transmitted to Congress in March 2008, concluded that the
expansion of the boundary of the park to include the home and
surrounding farmland of Colonel James Barrett and the area
around the Joshua Brooks House, met the criteria for boundary
expansions and that inclusion within the boundary was important
to ensure the protection of nationally significant resources
and values. There is extensive public support for the boundary
expansion.
S. 2513 would permit the inclusion of 67 acres of land
within the boundary of the Minute Man National Historical Park,
thus adding significant properties to the park that might be
cooperatively managed or acquired from willing sellers. The
potential boundary expansions were found to meet all National
Park Service criteria including the ability to protect
significant resources, enhance opportunities for public
enjoyment, and improve management capabilities.
The most significant property proposed for inclusion within
the revised boundary is the Colonel James Barrett Farm, located
at 448 Barrett's Mill Road, Concord, Massachusetts, two miles
from the town center and from Minute Man National Historical
Park. It includes the home and surrounding farmland of Colonel
James Barrett (1710-1779), Revolutionary War patriot and one of
the leading figures in the events leading up to the British
march on Concord in April 1775. The Barrett Farmhouse and a
total of 10 parcels on 64 acres of land that has been farmed
continuously since the 18th century would be included in the
expanded boundary.
The farm was a major hiding place for the colonists' stores
of arms and ammunition. British troops headed there on April
19, 1775 but found nothing, the residents having been alerted
by Paul Revere in time to secrete muskets, cannons and powder
in the fields. The Battles of Lexington and Concord occurred
later that day, marking the start of the Revolutionary War.
Minute Man National Historical Park encompasses 967 acres and
includes the North Bridge, site of ``the shot heard round the
world,'' and the historic Battle Road, where the British both
advanced and retreated. Barrett's farm was the impetus for the
British advance and the vigorous work of Colonel Barrett and
his militia was a key reason for the British retreat.
Considered for inclusion when Minute Man National
Historical Park was established in 1959, the farm was then in
private ownership and not available for acquisition. The
farmhouse is now owned by Save Our Heritage, Inc. a local
nonprofit organization, which seeks to preserve it for public
use and enjoyment. The group has been working closely with the
Town of Concord and has expended over $2 million to acquire the
farmhouse and in addition, has raised $770,000 to provide
urgently needed stabilization of the building. Much of the
surrounding acreage is owned by the Town and is managed as
agricultural conservation land, thus preserving the historic
agrarian landscape. Owners of the three private parcels have
been consulted and have no objection to the boundary change.
The other property included in the proposed boundary
expansion abuts the historic Joshua Brooks House, which is
owned by the National Park Service. Located at 37 North Great
Road (Battle Road), this 3-acre parcel is partially inside the
park boundary. Expanding the boundary would ensure protection
of the viewshed around the Joshua Brooks House, a key spot on
the Battle Road, by permitting acquisition of the property in
fee or through a less-than-fee purchase such as a conservation
easement.
The estimated increase in annual operations, maintenance
and interpretation costs resulting from the acquisition of
lands authorized with this proposed boundary expansion would be
approximately $65,000.
Of the 67 acres authorized in this boundary expansion, the
only land that is envisioned to be acquired by the National
Park Service is the 4.5 acres that include the farmhouse and
the adjacent farmland. The approximate cost to acquire the 4.5
acres would be $2.1 million. Funding for these costs would be
subject to NPS priorities and availability of appropriations.
For the remaining 62.5 acres, most of the land (55+ acres)
within the potential boundary expansion at Barrett's Farm is
owned by the Town of Concord or the Concord School Committee.
The park is only authorized to acquire land from a government
entity by donation. The rest of the acreage could be protected
through conservation easements or management agreements.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared remarks and I will be happy to
answer any questions you or other committee members might have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill, S. 2513, as
ordered reported.