Library / Laws / 113th / hr / H.R. 1259 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1259
IN THE HOUSE OF REPRESENTATIVES
March 19, 2013
Mr. Larson of
Connecticut (for himself, Mr.
Courtney, Ms. DeLauro,
Mr. Himes, and
Ms. Esty) introduced the following
bill; which was referred to the Committee
on Natural Resources
A BILL
To establish Coltsville National Historical Park in the
State of Connecticut, and for other purposes.
1.
Short title
This Act may be cited as the
Coltsville National Historical Park
Act.
2.
Definitions
For the purposes of this Act:
(1)
City
The
term city means the city of Hartford, Connecticut.
(2)
Commission
The
term Commission means the Coltsville National Historical Park
Advisory Commission established by section 6(a).
(3)
Historic
District
The term Historic District means the
Coltsville Historic District.
(4)
Map
The
term map means the map titled Coltsville National
Historical Park—Proposed Boundary, numbered T25/102087, and dated May
11, 2010.
(5)
Park
The term park means the
Coltsville National Historical Park in the State of Connecticut.
(6)
Secretary
The
term Secretary means the Secretary of the Interior.
(7)
State
The
term State means the State of Connecticut.
3.
Coltsville
National Historical Park
(a)
Establishment
(1)
In
general
Subject to paragraph
(2), there is established in the State a unit of the National Park System to be
known as the Coltsville National Historical Park.
(2)
Conditions for
establishment
The park shall not be established until the date on
which the Secretary determines that—
(A) the Secretary has acquired by donation
sufficient land or an interest in land within the boundary of the park to
constitute a manageable unit;
(B) the State, city,
or private property owner, as appropriate, has entered into a written agreement
with the Secretary to donate at least 10,000 square feet of space in the East
Armory which would include facilities for park administration and visitor
services; and
(C) the Secretary has
entered into a written agreement with the State, city, or other public entity,
as appropriate, providing that—
(i) land
owned by the State, city, or other public entity within the Coltsville Historic
District shall be managed consistent with this section; and
(ii) future uses of
land within the historic district shall be compatible with the designation of
the park and the city’s preservation ordinance.
(b)
Boundaries
The park shall include and provide
appropriate interpretation and viewing of the following sites, as generally
depicted on the map:
(1) The East
Armory.
(2) The Church of the
Good Shepherd.
(3) The Caldwell/Colt
Memorial Parish House.
(4) Colt Park.
(5) The Potsdam
Cottages.
(6) Armsmear.
(7) The James Colt House.
(c)
Collections
The
Secretary shall enter into a written agreement with the State of Connecticut
State Library, Wadsworth Atheneum, and the Colt Trust, or other public
entities, as appropriate, to gain appropriate access to Colt-related artifacts
for the purposes of having items routinely on display in the East Armory or
within the park as determined by the Secretary as a major function of the
visitor experience.
4.
Administration
(a)
In
general
The Secretary shall
administer the 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
Service 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)
State and local
jurisdiction
Nothing in this
Act enlarges, diminishes, or modifies any authority of the State, or any
political subdivision of the State (including the city)—
(1) to exercise civil
and criminal jurisdiction; or
(2) to carry out State
laws (including regulations) and rules on non-Federal land located within the
boundary of the park.
(c)
Cooperative
agreements
(1)
In
general
As the Secretary determines to be appropriate to carry
out this Act, the Secretary may enter into cooperative agreements with the
owner of any property within the Coltsville Historic District or any nationally
significant properties within the boundary of the park, under which the
Secretary may identify, interpret, restore, rehabilitate, and provide technical
assistance for the preservation of the properties.
(2)
Right of
access
A cooperative agreement entered into under paragraph (1)
shall provide that the Secretary, acting through the Director of the National
Park Service, shall have the right of access at all reasonable times to all
public portions of the property covered by the agreement for the purposes
of—
(A) conducting
visitors through the properties; and
(B) interpreting the
properties for the public.
(3)
Changes or
alterations
No changes or alterations shall be made to any
properties covered by a cooperative agreement entered into under paragraph (1)
unless the Secretary and the other party to the agreement agree to the changes
or alterations.
(4)
Conversion, use,
or disposal
Any payment by the Secretary under this subsection
shall be subject to an agreement that the conversion, use, or disposal of a
project for purposes contrary to the purposes of this section, as determined by
the Secretary, shall entitle the United States to reimbursement in an amount
equal to the greater of—
(A) the amounts made
available to the project by the United States; or
(B) the portion of the
increased value of the project attributable to the amounts made available under
this subsection, as determined at the time of the conversion, use, or
disposal.
(5)
Matching
funds
(A)
In
general
As a condition of the receipt of funds under this
subsection, the Secretary shall require that any Federal funds made available
under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal
funds.
(B)
Form
With
the approval of the Secretary, the non-Federal share required under
subparagraph (A) may be in the form of donated property, goods, or services
from a non-Federal source, fairly valued.
(d)
Acquisition of
land
The Secretary is
authorized to acquire land and interests in land by donation, purchase with
donated or appropriated funds, or exchange, except that land or interests in
land owned by the State or any political subdivision of the State may be
acquired only by donation.
(e)
Technical
assistance and public interpretation
The Secretary may provide
technical assistance and public interpretation of related historic and cultural
resources within the boundary of the historic district.
5.
Management
plan
(a)
In
general
Not later than 3 fiscal years after the date on which
funds are made available to carry out this Act, the Secretary, in consultation
with the Commission, shall complete a management plan for the park in
accordance with—
(1) section 12(b) of
Public Law 91–383 (commonly known as the National Park Service General
Authorities Act) (16 U.S.C. 1a–7(b)); and
(2) other applicable
laws.
(b)
Cost
share
The management plan shall include provisions that identify
costs to be shared by the Federal Government, the State, and the city, and
other public or private entities or individuals for necessary capital
improvements to, and maintenance and operations of, the park.
(c)
Submission to
Congress
On completion of the management plan, the Secretary
shall submit the management plan to—
(1) the Committee on
Natural Resources of the House of Representatives; and
(2) the Committee on
Energy and Natural Resources of the Senate.
6.
Coltsville
National Historical Park Advisory Commission
(a)
Establishment
There
is established a Commission to be known as the Coltsville National Historical
Park Advisory Commission.
(b)
Duty
The
Commission shall advise the Secretary in the development and implementation of
the management plan.
(c)
Membership
(1)
Composition
The
Commission shall be composed of 11 members, to be appointed by the Secretary,
of whom—
(A) 2 members shall be
appointed after consideration of recommendations submitted by the Governor of
the State;
(B) 1 member shall be
appointed after consideration of recommendations submitted by the State Senate
President;
(C) 1 member shall be
appointed after consideration of recommendations submitted by the Speaker of
the State House of Representatives;
(D) 2 members shall be
appointed after consideration of recommendations submitted by the Mayor of
Hartford, Connecticut;
(E) 2 members shall be
appointed after consideration of recommendations submitted by Connecticut’s 2
United States Senators;
(F) 1 member shall be
appointed after consideration of recommendations submitted by Connecticut's
First Congressional District Representative;
(G) 2 members shall
have experience with national parks and historic preservation;
(H) all appointments
must have significant experience with and knowledge of the Coltsville Historic
District; and
(I) 1 member of the
Commission must live in the Sheldon/Charter Oak neighborhood within the
Coltsville Historic District.
(2)
Initial
appointments
The Secretary shall appoint the initial members of
the Commission not later than the earlier of—
(A) the date that is
30 days after the date on which the Secretary has received all of the
recommendations for appointments under paragraph (1); or
(B) the date that is
30 days after the park is established.
(d)
Term;
vacancies
(1)
Term
(A)
In
general
A member shall be appointed for a term of 3 years.
(B)
Reappointment
A
member may be reappointed for not more than 1 additional term.
(2)
Vacancies
A
vacancy on the Commission shall be filled in the same manner as the original
appointment was made.
(e)
Meetings
The
Commission shall meet at the call of—
(1) the Chairperson;
or
(2) a
majority of the members of the Commission.
(f)
Quorum
A
majority of the Commission shall constitute a quorum.
(g)
Chairperson and
vice chairperson
(1)
In
general
The Commission shall select a Chairperson and Vice
Chairperson from among the members of the Commission.
(2)
Vice
chairperson
The Vice Chairperson shall serve as Chairperson in
the absence of the Chairperson.
(3)
Term
A
member may serve as Chairperson or Vice Chairperson for not more than 1 year in
each office.
(h)
Commission
personnel matters
(1)
Compensation of
members
(A)
In
general
Members of the Commission shall serve without
compensation.
(B)
Travel
expenses
Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of business of the
member in the performance of the duty of the Commission.
(2)
Staff
(A)
In
general
The Secretary shall provide the Commission with any staff
members and technical assistance that the Secretary, after consultation with
the Commission, determines to be appropriate to enable the Commission to carry
out the duty of the Commission.
(B)
Detail of
employees
The Secretary may accept the services of personnel
detailed from the State or any political subdivision of the State.
(i)
FACA
nonapplicability
Section 14(b) of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission.
(j)
Termination
(1)
In
general
Unless extended under paragraph (2), the Commission shall
terminate on the date that is 10 years after the date of the enactment of this
Act.
(2)
Extension
Eight
years after the date of the enactment of this Act, the Commission shall make a
recommendation to the Secretary if a body of its nature is still necessary to
advise on the development of the park. If, based on a recommendation under this
paragraph, the Secretary determines that the Commission is still necessary, the
Secretary may extend the life of the Commission for not more than 10
years.