[Senate Report 110-180]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 378
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-180

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CARL SANDBURG HOME NATIONAL HISTORIC SITE BOUNDARY REVISION ACT OF 2007

                                _______
                                

               September 17, 2007.--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. 1100]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1100) to revise the boundary of the Carl 
Sandburg Home National Historic Site in the State of North 
Carolina, 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. 1100 is to authorize the Secretary of 
the Interior to acquire up to 115 acres of land for addition to 
the Carl Sandburg Home National Historic Site in Flat Rock, 
North Carolina.

                          BACKGROUND AND NEED

    Carl Sandburg Home National Historic Site in Flat Rock, 
North Carolina, commemorates the life and legacy of Carl 
Sandburg, and his significance as an American poet, writer, and 
historian. The Carl Sandburg Home National Historic Site 
preserves and interprets the farm, Connemara, where Sandburg 
and his family lived for the last 22 years of his life, until 
his death in 1967. The National Historic Site was established 
as a unit of the National Park System in 1968.
    The National Historic Site's enabling legislation 
authorized the purchase of 248 acres. A boundary expansion was 
authorized in 1980 to accept 16 acres of land donated by the 
North Carolina Nature Conservancy.
    The park's 2003 General Management Plan (GMP) identified 
and evaluated boundary adjustments that may be necessary or 
desirable in order to carry out the purposes of the historic 
site. The preferred alternative from the GMP recommended a 
boundary addition of 115 acres, of which not more than 5 acres 
are for the construction of a new visitor center and parking 
lot. Congressional authorization is required to expand the 
boundary of the historic site.
    H.R. 1100 authorizes the Secretary of the Interior to 
acquire up to 115 acres of lands or interests therein from 
willing sellers by donation, or purchase with donated or 
appropriated funds for addition to the National Historic Site.

                          LEGISLATIVE HISTORY

    H.R. 1100, sponsored by Representative Shuler and others, 
passed the House of Representatives by a vote of 268-150 on May 
23, 2007. A Senate companion measure, S. 488, was introduced by 
Senators Dole and Burr on February 5, 2007. The Subcommittee on 
National Parks held a hearing on S. 488 and H.R. 1100 on July 
12, 2007.
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered H.R. 1100 favorably 
reported without amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 1100.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the bill the ``Carl Sandburg Home 
National Historic Site Boundary Revision Act of 2007.''
    Section 2 defines key terms used in the Act.
    Section 3(a) authorizes the Secretary of the Interior to 
acquire up to 110 acres from lands identified on the referenced 
map for addition to the National Historic Site. The lands, or 
interests therein, may be acquired by donation, purchase from 
willing sellers or by exchange.
    Subsection (b) authorizes the Secretary to acquire up to 5 
acres of land for the development of a visitor center and 
visitor parking area near the National Historic Site.
    Subsection (c) provides that upon acquiring any lands or 
interests therein, the Secretary shall revise the boundary of 
the National Historic Site to reflect the acquisition.
    Subsection (d) requires that the park boundary map be on 
file and available for public inspection in appropriate offices 
of the National Park Service.
    Subsection (e) states that lands added to the National 
Historic Site shall be administered in accordance with 
applicable laws and regulations.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                                     July 30, 2007.
Hon. Jeff Bingaman,
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 H.R. 1100, the Carl 
Sandburg Home National Historic Site Boundary Revision Act of 
2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 1100--Carl Sandburg Home National Historic Site Boundary Revision 
        Act of 2007

    H.R. 1100 would authorize the National Park Service (NPS) 
to acquire 115 acres to be added to the boundary of the Carl 
Sandburg Home National Historic Site in North Carolina. Under 
the act, the NPS could acquire that acreage, or lesser property 
interests such as easements, by purchase, donation, or 
exchange.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1100 would cost $7 million 
over the next several years. We estimate that about half of 
that amount would be used by the NPS to acquire about 115 acres 
of land near the existing historic site. (Such costs could be 
lower if the NPS can acquire easements for some of the 
acreage.) The remaining funds would be used to construct and 
equip a visitor center and related facilities near the site. We 
estimate that costs to manage the additional acreage and 
operate new visitor facilities would be less than $500,000 a 
year, assuming the availability of appropriated funds. This 
estimate is based on information provided by the NPS. Enacting 
H.R. 1100 would have no effect on direct spending or revenues.
    H.R. 1100 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.
    On May 11, 2007, CBO transmitted a cost estimate for H.R. 
1100 as ordered reported by the House Committee on Natural 
Resources on May 2, 2007. The two versions of the legislation 
are identical, as are the CBO cost estimates.
    The CBO staff contacts for this estimate are Deborah Reis 
and David Reynolds. This estimate was approved by Peter H. 
Fontaine, 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 H.R. 1100. 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. 1100, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
July 12, 2007 subcommittee hearing on H.R. 1100 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman and Members of the Subcommittee, thank you for 
the opportunity to appear before you today to present the views 
of the Department of the Interior on S. 488 & H.R. 1100, bills 
that would expand the boundary of the Carl Sandburg Home 
National Historic Site (site) in the State of North Carolina.
    S. 488 and H.R. 1100 would authorize the acquisition, from 
willing sellers, of interests in 115 acres of land for addition 
to the Carl Sandburg Home National Historic Site. The bills 
would also authorize the use of up to 5 of these 115 acres for 
a visitor center and parking facilities.
    The Department supports both of these bills, but would like 
to work with the committee to amend S. 488 to make it identical 
to H.R. 1100. At a hearing on April 17, 2007 in the House of 
Representatives, the Department testified in support of H.R. 
1100, and then worked with the House subcommittee to make minor 
changes to make the bill more consistent with the site's 2003 
General Management Plan and other recent boundary expansion 
bills. An amended version of H.R. 1100, containing the changes 
the department had suggested, passed the House of 
Representatives on May 23, 2007.
    These bills would authorize acquiring lands or easements 
for the park that are estimated to cost between $300,000 and 
$2.25 million. Management of these new lands is estimated to 
cost less than $10,000 annually. These acquired lands could be 
used for a visitor center, estimated to cost about $3 million, 
but that project, as well as the costs for land acquisition, 
would be subject to the budget prioritization process of the 
NPS. Annual operation of a visitor center is expected to cost 
$345,000. The costs of operating a shuttle are not known at 
this time. No funding has yet been identified for any of these 
costs.
    Carl Sandburg Home National Historic Site currently 
includes 264 acres of Connemura Farm, an estate purchased by 
Sandburg in 1945 near the pre-Civil War resort town of Flat 
Rock, North Carolina. Following Sandburg's death in 1967, his 
wife deeded the estate to the Federal government. The National 
Historic Site was authorized one year later, in 1968.
    Sandburg, though perhaps best known for his poetry 
celebrating the lives of common American people, was also a 
Pulitzer prize-winning biographer of Abraham Lincoln, a 
children's author, and a collector of folk music. Fellow author 
H.L. Mencken declared that Sandburg was ``indubitably an 
American in every pulse-beat.''
    Acquisition of 110 of the 115 acres proposed in S. 488 and 
H.R. 1100 would protect the view that Carl Sandburg and his 
neighbors enjoyed from Big Glassy Mountain. Big Glassy overlook 
is the highest point at the Carl Sandburg Home National 
Historic Site and a popular stop for visitors. Sandburg and his 
family often visited this granite outcrop to enjoy its stunning 
views of surrounding mountains and valleys. The majority of the 
overlook is within the authorized park boundary. However, the 
overlook precipice as well as the view below it, lies on 
private property outside the authorized boundary. Purchasing 
conservation easements or fee simple property rights from 
willing sellers would protect the overlook and views from the 
mountain in perpetuity.
    The National Park Service contacted each landowner that 
holds an interest in the 110 acres proposed for acquisition 
during the planning process for the site's 2003 General 
Management Plan. The State of North Carolina purchased 22 acres 
within the proposed expansion to protect it until the National 
Park Service can acquire it. All of the other owners agreed to 
have their parcels included in the map and proposal to expand 
the park.
    The acquisition of 5 acres for a visitor center and parking 
lot would help to solve traffic and safety problems along 
Little River Road, the thoroughfare that forms the site's 
northern boundary and provides excellent views of the site's 
pastures, barns, and Side Lake. When the site's existing 
parking area is full, vehicles enter and exit from Little River 
Road, searching for an open space. Some visitors park on the 
shoulder of Little River Road and walk to the site. The 
presence of park vehicles, pedestrians, and speeding traffic on 
Little River Road is a hazard to all. The local community has 
expressed concern about this issue, but there is no additional 
parking available in the community.
    To solve these problems, the site's 2003 General Management 
Plan proposes acquiring up to 5 acres to build a visitor center 
and parking facility. In order to protect the historic 
character of the site, the National Park Service would like 
this facility to be located outside both the existing boundary 
and the 110 acres that are proposed to protect the overlook and 
views from Big Glassy Mountain. A more appropriate location 
would be near, but not necessarily contiguous with the park's 
boundary, perhaps fronting Little River Road or Highway 225. 
The Village of Flat Rock, North Carolina supports the proposal 
for a visitor center and parking facility.
    H.R. 1100 has been amended to allow the National Park 
Service to acquire 5 acres ``adjacent to or in the general 
vicinity of'' the site's boundary. S. 488 requires that all 
lands required be ``contiguous to'' the park's boundary. We 
would like to work with the committee to amend S. 488 to make 
it consistent with H.R. 1100 and the park's 2003 General 
Management Plan.
    S. 488 applies boundary expansion criteria from the 1978 
National Parks and Recreation Act. In the 29 years since that 
Act was signed into law, Congressional committees and the 
National Park Service have developed and refined these 
criteria. These refined criteria are used in the version of 
H.R. 1100 that is being considered by the subcommittee. We 
would like to work with the subcommittee to amend S. 488 to 
make it identical to H.R. 1100.
    Mr. Chairman, this concludes my prepared testimony. I would 
be pleased to answer any questions you or any members of the 
subcommittee 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 Act H.R. 1100, as 
ordered reported.