[Senate Report 110-317]
[From the U.S. Government Publishing Office]
Calendar No. 669
110th Congress Report
SENATE
2d Session 110-317
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TAUNTON, MASSACHUSETTS SPECIAL RESOURCES STUDY 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. 1021]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1021) to direct the Secretary of the
Interior to conduct a special resources study regarding the
suitability and feasibility of designating certain historic
buildings and areas in Taunton, Massachusetts, as a unit of the
National Park System, 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. 1021 is to direct the Secretary of the
Interior to conduct a special resources study regarding the
suitability and feasibility of designating certain historic
buildings and areas in Taunton, Massachusetts, as a unit of the
National Park System, and for other purposes.
BACKGROUND AND NEED
The City of Taunton, located in southeastern Massachusetts
in Bristol County, can trace its roots back to the earliest
days of our Nation. The first county courthouse was built in
Taunton in 1772, and the town served as an organizational
center for the Revolutionary War.
In 1774, Taunton was the site of the raising of the Liberty
and Union flag, one of the earliest actions to gain
international attention as a symbol of America's defiance of
British rule and taxation. The town settlement was anchored
around the Taunton River and its tributaries, which provided a
focus for its shipbuilding and shipping activities during the
1800s. The historic nature of the city draws tourists to visit
the well-preserved greens and houses that date back to the
1800s. Taunton's history spans from its earliest beginnings as
an agrarian hinterland to its development as a major industrial
urban core (particularly for iron) and regional political
center during the Revolutionary War. The city emerged at an
early date as a regional communications focus for the exchange
and interaction of goods, people, and information.
LEGISLATIVE HISTORY
H.R. 1021 passed the House of Representatives on March 19,
2007. A companion measure, S. 1184, was introduced in the
Senate on April 4, 2007. During the 108th Congress, a similar
bill passed the House of Representatives by voice vote on
October 10, 2004, H.R. 2129, although no further action was
taken in the Senate.
The Subcommittee on National Parks held a hearing on H.R.
1021 on September 11, 2007. The Committee on Energy and Natural
Resources ordered it favorably reported 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. 1021.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title.
Section 2 contains findings.
Section 3 directs the Secretary of the Interior to conduct
a special resources study regarding the suitability and
feasibility of designating certain historic buildings and areas
in Taunton, Massachusetts, as a unit of the National Park
System.
Section 4 requires the Secretary to submit, to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate, a report on the findings, conclusions, and
recommendations of the study required under section 3.
Section 5 requires the recommendations in the report to
include discussion and consideration of the concerns expressed
by private landowners with respect to designating certain
structures referred to in this Act as a unit of the National
Park System.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 1021--Taunton, Massachusetts Special Resources Study Act
H.R. 1021 would direct the Department of the Interior, in
consultation with various state and local stakeholders, to
conduct a special resource study to determine the feasibility
and suitability of designating certain historic buildings and
areas of Taunton, Massachusetts, as a unit of the National Park
System. The bill would require the department to report its
findings and recommendations to the appropriate Congressional
committees within three years of receiving funding for the
study.
Assuming the availability of appropriated funds, CBO
estimates that implementing the legislation would cost $300,000
over the next three years. Enacting this legislation would not
affect direct spending or revenues.
H.R. 1021 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.
The CBO staff contact for this estimate is Tyler Kruzich.
The 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 H.R. 1021. 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 H.R. 1021, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 1021, 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 11, 2007 Subcommittee hearing on H.R. 1021 follows:
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 H.R. 1021 and S. 1184, identical bills that
direct the Secretary of the Interior to conduct a special
resources study regarding the suitability and feasibility of
designating certain historic buildings and areas in Taunton,
Massachusetts, as a unit of the National Park System.
The Department does not support these bills. On June 15,
2004, in the 108th Congress, the Department also did not
support H.R. 2129, a similar bill.
The City of Taunton, located in southeastern Massachusetts
in Bristol County, can trace its roots back to the earliest
days of our Nation. As the seat of Bristol County since 1746,
Taunton was the site of that county's first courthouse built in
1772, and the town served as a locale for colonial discontent
prior to the Revolutionary War. In 1774, Taunton was the site
of the raising of the Liberty and Union flag, one of a number
of symbolic representations in the Colonies expressing
discontent with British rule. The town settlement was anchored
around the Taunton River and its tributaries, which provided a
focus for its shipbuilding and shipping activities during the
1800s. The historic nature of the city draws tourists to visit
the well-preserved greens and houses that date back to the
1800s. Taunton's history spans from its earliest beginnings as
an agrarian hinterland to its development as a major industrial
urban core (particularly for iron) and regional political
center during the Revolutionary War. The city emerged at an
early date as a regional communications focus for the exchange
and interaction of goods, people, and information.
H.R. 1021 and S. 1184 both propose that the Secretary
conduct a study of historic buildings and areas in Taunton, to
evaluate the suitability and feasibility of designating them as
a unit of the National Park System. The study is to be
conducted in accordance with the National Park Service Organic
Act (16 U.S.C. 1a-5). In addition to the criteria set out in
the Organic Act, the bills also require an evaluation of these
areas against a list of criteria commonly seen in study
legislation for evaluating individual National Heritage Areas,
and not part of the usual evaluation of a park unit.
The Department has concerns about enactment of these bills,
because the named historic properties have been studied and
determined not to be nationally significant, the first
criterion that must be met for inclusion in the National Park
System as spelled out in the Organic Act and in National Park
Service Management Policies 2006. Most of the historic
properties cited in the findings were included in a Multiple
Resource Area nomination to the National Register of Historic
Places, completed in 1984 and nominated by the Commonwealth of
Massachusetts, which formed the basis for listing properties.
The Multiple Resource Area nomination documented and evaluated
Taunton's historic properties including buildings, structures
and districts that were found to have architectural and
historic merit. These properties were evaluated within the
context of significant historical themes and time periods in
Taunton's history. The Multiple Resource Area nomination
included 86 individual properties, two districts, three
industrial complexes, and one religious complex, primarily
spanning from the mid-18th Century through the mid-20th
Century. The Massachusetts State Historic Preservation Officer
nominated these properties for their local historic or
architectural significance, rather than for their state or
national significance. The National Park Service agreed with
this recommendation and listed the properties in the National
Register of Historic Places for their local historic or
architectural importance.
The Department is concerned with H.R. 1021 and S. 1184
because other authorities and mechanisms exist at the Federal,
State, and local levels, to support the preservation of
historic properties of local significance. To expend limited
study funds on properties that are known not to meet National
Park Service standards seems ill-advised when the Department is
pressed to meet the budgetary needs of previously authorized
studies of nationally significant resources.
Currently, the National Park Service is in various stages
of progress with 37 studies previously authorized by Congress.
These studies are focusing on potential National Park System
Units, National Heritage Areas, additions to the National Wild
and Scenic Rivers System, or additions to the National Trails
System. Our highest priority is to complete the studies
previously authorized by Congress, and to begin work on newly
authorized studies as soon as funds are available.
In addition, the Department notes that the National Park
Service is currently in the midst of a wild and scenic river
study of the Taunton River, authorized by Congress in December
2000. The City of Taunton is actively engaged in this process
along with the nine other communities that abut the main stem
of the Taunton River. Historical and cultural resources
associated with the river, including sites in the City of
Taunton, are an important part of the study, recognizing that
the river has a rich history dating from Native American use to
colonial settlement and early industrial development. The study
is currently out for public comment and we expect to finalize
and transmit it to Congress in 2008.
It would appear that the wild and scenic river study is
evaluating many of the same resources identified in H.R. 1021
and S. 1184. Furthermore, the wild and scenic river study is
appropriately considering a larger area than the city limits of
Taunton. To launch an overlapping study with similar but
slightly different criteria from those governing the wild and
scenic river study, would seem to invite both confusion and
duplication. Therefore, the Department does not support
enactment of H.R. 1021 and S. 1184.
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 H.R. 1021, as
ordered reported.