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Text of the First State National Historical Park Act

This bill was introduced on March 14, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 22, 2013 (Reported by Senate Committee).

II

Calendar No. 58

113th CONGRESS

1st Session

S. 347

[Report No. 113–27]

IN THE SENATE OF THE UNITED STATES

February 14, 2013

(for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

April 22, 2013

Reported by , with an amendment

Insert the part printed in italic

A BILL

To establish the First State National Historical Park in the State of Delaware, and for other purposes.

1.

Short title

This Act may be cited as the First State National Historical Park Act .

2.

Definitions

In this Act:

(1)

Historical park

The term historical park means the First State National Historical Park established by section 3(a)(1).

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

State

The term State means—

(A)

the State of Delaware; and

(B)

in the case of the property described in section 3(b)(8), the States of Delaware and Pennsylvania.

3.

First State National Historical Park

(a)

Establishment

(1)

In general

Subject to paragraph (3), there is established the First State National Historical Park, to be administered as a unit of the National Park System.

(2)

Purposes

The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with—

(A)

early Dutch, Swedish, and English settlement of the Colony of Delaware and portions of the Colony of Pennsylvania; and

(B)

the role of Delaware —

(i)

in the birth of the United States; and

(ii)

as the first State to ratify the Constitution.

(3)

Determination by secretary

(A)

In general

The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit.

(B)

Notice

Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park.

(C)

Availability of map

The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(b)

Historic sites

The Secretary may include the following sites within the boundary of the historical park as generally depicted on the maps numbered 1 through 6, entitled First State National Historical Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA and First State National Historical Park, Woodlawn, numbered T19/80,000G, and dated February 2013:

(1)

The Old Sherriff’s House in New Castle County, Delaware, as depicted on map 4 of 6.

(2)

Fort Christina National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6.

(3)

Old Swedes Church National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6.

(4)

Old New Castle Courthouse in New Castle, Delaware, as depicted on map 4 of 6.

(5)

John Dickinson Plantation National Historic Landmark in Kent County, Delaware, as depicted on map 5 of 6.

(6)

Dover Green in Kent County, Delaware, as depicted on map 5 of 6.

(7)

Ryves Holt House in Sussex County, Delaware, as depicted on map 6 of 6.

(8)

The Woodlawn property in New Castle County, Delaware, and Delaware County, Pennsylvania, as depicted on map 2 of 6.

(9)

Old New Castle Green, in New Castle, Delaware, as depicted on map 4 of 6.

4.

Administration

(a)

In general

The Secretary shall administer the historical park in accordance with—

(1)

this Act; and

(2)

the laws generally applicable to units of the National Park System, including—

(A)

the National Park System Organic Act ( 16 U.S.C. 1 et seq. ); and

(B)

the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. ).

(b)

Land acquisition

(1)

Methods

(A)

In general

Except as provided in subparagraph (B), the Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange.

(B)

Donation only

(i)

Proposed NPS Site

The Secretary may acquire only by donation all or a portion of the property identified as Proposed NPS Site on map 2 of 6 entitled First State National Historical Park, Woodlawn, numbered T19/80,000G, and dated February 2013, including easements or other interests in land.

(ii)

Area for potential addition by donation

The Secretary may acquire only by donation all or a portion of the property identified as “Area for Potential Addition by Donation” on map 2 of 6 entitled First State National Historical Park, Woodlawn, numbered T19/80,000G, and dated February 2013.

(2)

Boundary adjustment

On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition.

(c)

Interpretive tours

The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including—

(1)

Fort Casimir;

(2)

DeVries Monument;

(3)

Amstel House;

(4)

Dutch House; and

(5)

Zwaanendael Museum.

(d)

Cooperative agreements

(1)

In general

The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources.

(2)

Cost-sharing requirement

(A)

Federal share

The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent.

(B)

Form of non-Federal share

The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued.

(e)

Management plan

(1)

In general

Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park.

(2)

Applicable law

The management plan shall be prepared in accordance with section 12(b) of Public Law 91–383 (16 U.S.C. 1a–7(b)) and other applicable laws.

5.

National landmark study

(a)

In general

Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park.

(b)

Requirements

The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks.

6.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act .

7.

Offset

Section 7302(f) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 469n(f) ) is amended by inserting before the period at the end the following: “, except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the First State National Historical Park Act shall be reduced by $6,500,000”.

April 22, 2013

Reported with an amendment