[Congressional Bills 110th Congress] [From the U.S. Government Publishing Office] [H.R. 189 Introduced in House (IH)] 110th CONGRESS 1st Session H. R. 189 To establish the Paterson Great Falls National Park in the State of New Jersey. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2007 Mr. Pascrell (for himself, Mr. Andrews, Mr. LoBiondo, Mr. Saxton, Mr. Garrett of New Jersey, Mr. Pallone, Mr. Ferguson, Mr. Rothman, Mr. Payne, Mr. Frelinghuysen, Mr. Holt, Mr. Smith of New Jersey, and Mr. Sires) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To establish the Paterson Great Falls National Park in the State of New Jersey. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paterson Great Falls National Park Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Great Falls Historic District in Paterson, New Jersey, is the site that Alexander Hamilton selected to implement his vision of American economic independence and transform a rural agrarian society based on slavery into a global economy based on freedom. (2) President Ford announced the designation of the Great Falls Historic District as a National Historic Landmark in 1976 and declared it ``a symbol of the industrial might which helps to make America the most powerful nation in the world''. (3) Congress made the Great Falls Historic District a National Historic District in 1996. (4) Exceptional natural and cultural resources make the Great Falls Historic District America's only National Historic District that contains both a National Historic Landmark and a National Natural Resource. (5) The Great Falls Historic District embodies Hamilton's vision of an American economy based on-- (A) diverse industries to avoid excessive reliance on any single manufactured product; (B) innovative engineering and technology, including the successful use of water, a renewable energy source, to power industry and manufacturing; (C) industrial production of goods not only for domestic consumption but also for international trade; and (D) meritocracy and opportunities for all. (6) Pierre L'Enfant's water power system at the Great Falls and the buildings erected around it over two centuries constitute the finest and most extensive remaining example of engineering, planning and architectural works that span the entire period of America's growth into an industrial power. (7) A National Park Service unit in Paterson is necessary to give the American people an opportunity to appreciate the physical beauty and historical importance of the Great Falls Historic District. (8) Congress and the National Park Service recognized the national significance of the Paterson Great Falls National Historic District through listing on the National Register of Historic Places and designation as a National Historic Landmark and a National Historic District. (9) The Paterson Great Falls National Historic District is suitable for addition to the National Park System because-- (A) the national park will promote themes not adequately represented in National Park System, including aspects of African-American history and the inspiration Great Falls has been for renowned American writers and artists; (B) the national park will promote civic engagement by attracting and engaging people who currently feel little or no connection to national parks or the founding fathers; (C) the national park will interpret America's developing history in the historical and global context; and (D) the national park will foster partnerships among federal, state and local governments and private donors and non-profit organizations. (10) The Historic District is a physically and fiscally feasible site for a national park because-- (A) all of the required natural and cultural resources are on property largely owned by local government entities; (B) it is of a manageable size; and (C) much of the funding will come from private donors and the State of New Jersey, which has committed substantial sums of money to fund a State park that will assist in the funding of the national park. (11) The national park provides enormous potential for public use because its location and urban setting make it easily accessible for millions of Americans. (12) The historic Hinchliffe stadium, adjacent to the Historic District, was home to the New York Black Yankees for many years, including 1933 when it hosted the Colored Championship of the Nation, and it was added to the National Register of Historic Places by the National Park Service in 2004. (13) Larry Doby played in Hinchliffe Stadium both as a star high school athlete and again as Negro League player, shortly before becoming the first African-American to play in the American League. (14) A National Park Service unit, in partnership with private donors and state and local governments, represents the most effective and efficient method of preserving the Historic District for the public. (15) A National Park Service unit in Paterson is necessary to give the Historic District the continuity and professionalism required to attract private donors from across the country. (16) Though the State of New Jersey will be a strong partner with a significant financial commitment, the State alone cannot preserve the Historic District and present it to the public without a National Park System unit in Paterson. (b) Purposes.--The purposes of this Act are-- (1) to establish a unit of the National Park System in Paterson, New Jersey, consisting of the Great Falls Historic District and historic Hinchliffe Stadium; and (2) to create partnerships among Federal, State and local governments, non-profit organizations and private donors to preserve, enhance, interpret and promote the cultural sites, historic structures, and natural beauty of the Great Falls Historic District and the historic Hinchliffe Stadium for the benefit of present and future generations. SEC. 3. DEFINITIONS. In this Act: (1) Historic district.--The term ``Historic District'' means the Great Falls National Historic District in Paterson, New Jersey, consisting of approximately 118 acres, as specified in the National Register of Historic Places. (2) National park.--The term ``national park'' means the Paterson Great Falls National Park established by section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Management plan.--The term ``management plan'' means the integrated resource management plan established in section 6. (4) Partnership.--The term ``Partnership'' means the Paterson Great Falls National Park Partnership established in section 7. (5) Advisory council.--The term ``Advisory Council'' means the Paterson Great Falls National Park Advisory Council established in section 8. SEC. 4. PATERSON GREAT FALLS NATIONAL PARK. (a) Establishment.--There is established in the city of Paterson in the county of Passaic in the State of New Jersey the Paterson Great Falls National Park as a unit of the National Park System. (b) Boundaries.--The boundaries of the national park shall be-- (1) the boundaries of the Historic District as listed on the National Register of Historic Places; and (2) the historic Hinchliffe Stadium as listed on the National Register of Historic Places. SEC. 5. ADMINISTRATION. (a) In General.--The national park shall be administered in partnership by the Secretary, the State of New Jersey, City of Paterson and its applicable subdivisions, and others in accordance with the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C. 461 et seq.), and in accordance with the management plan specified in section 6. (b) State and Local Jurisdiction.--Nothing in this section shall be construed to diminish, enlarge, or modify any right of the State of New Jersey or any political subdivision thereof, to exercise civil and criminal jurisdiction or to carry out State laws, rules, and regulations within the national park. (c) Cooperative Agreements.-- (1) The Secretary may consult and enter into cooperative agreements with the State of New Jersey or its political subdivisions to acquire from and provide to the State or its political subdivisions goods and services to be used in the cooperative management of lands within the national park, if the Secretary determines that appropriations for that purpose are available and the agreement is in the best interest of the United States. (2) The Secretary, after consultation with the Partnership, may enter into cooperative agreements with owners of property of nationally significant historic or other cultural resources within the national park in order to provide for interpretive exhibits or programs. Such agreements shall provide, whenever appropriate, that-- (A) the public may have access to such property at specified, reasonable times for purposes of viewing such property or exhibits, or attending the programs established by the Secretary under this subsection; and (B) no changes or alterations shall be made in such properties except by mutual agreements between the Secretary and the other parties to the agreements. (d) Construction of Facilities on Non-Federal Lands.--In order to facilitate the administration of the national park, the Secretary is authorized, subject to the appropriation of necessary funds in advance, to construct essential administrative or visitor use facilities on non- Federal public lands within the national park. Such facilities and the use thereof shall be in conformance with applicable plans. (e) Other Property, Funds, and Services.--The Secretary may accept and use donated funds, property, and services to carry out this section. (f) Management in Accordance With Integrated Management Plan.--The Secretary shall preserve, interpret, manage, and provide educational and recreational uses for the national park, in consultation with the owners and managers of lands in the national park, in accordance with the management plan. SEC. 6. INTEGRATED RESOURCE MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Partnership shall submit to the Secretary a management plan for the national park to be developed and implemented by the Partnership. (b) Contents.--The plan shall include the following: (1) A program providing for coordinated administration of the national park with proposed assignment of responsibilities to the appropriate governmental unit at the Federal, State, and local levels, and nonprofit organizations, including each of the following: (A) A plan to finance and support the public improvements and services recommended in the plan, including allocation of non-Federal matching requirements set forth in section 11 and a delineation of profit sector roles and responsibilities. (B) A program for the coordination and consolidation, to the extent feasible, of activities that may be carried out by Federal, State, and local agencies having jurisdiction over land within the national park, including planning and regulatory responsibilities. (2) Policies and programs for the following purposes: (A) Enhancing public recreational and cultural opportunities in the national park. (B) Conserving, protecting, and maintaining the scenic, historical, cultural, and natural values of the national park. (C) Developing educational opportunities in the national park. (D) Enhancing public access to the national park, including development of transportation networks. (E) Identifying potential sources of revenue from programs or activities carried out within the national park. (F) Protecting and preserving sites with historical, cultural, natural, Native American and African American significance. (3) A policy statement that recognizes existing economic activities within the national park. (c) Consultation and Public Hearings.--In developing the management plan, the Partnership shall-- (1) consult on a regular basis with appropriate officials of any local government or Federal or State agency which has jurisdiction over lands within the national park; (2) consult with interested conservation, business, professional, and citizen organizations; and (3) conduct public hearings or meetings for the purposes of providing interested persons with the opportunity to testify with respect to matters to be addressed by the plan. (d) Approval of the Management Plan.-- (1) The Partnership shall submit the management plan to the Governor of New Jersey for review. The Governor shall have 90 days to review and make any recommendations. After considering the Governor's recommendations, the Partnership shall submit the plan to the Secretary, who shall approve or disapprove the plan within 90 days. In reviewing the plan the Secretary shall consider each of the following: (A) The adequacy of public participation. (B) Assurances of plan implementation from State and local officials. (C) The adequacy of regulatory and financial tools that are in place to implement the plan. (2) If the Secretary disapproves the plan, the Secretary shall, within 60 days after the date of such disapproval, advise the Partnership in writing of the reasons therefore, together with recommendations for revision. Within 90 days of receipt of such notice of disapproval, the Partnership shall revise and resubmit the plan to the Secretary who shall approve or disapprove the revision within 60 days. (e) Action Before Plan.--During the time before the adoption of the Partnership's plan, the Secretary and the Partnership shall assist the owners and managers of lands within the national park to ensure that existing programs, services, and activities that promote the purposes of this section are supported. SEC. 7. PATERSON GREAT FALLS NATIONAL PARK PARTNERSHIP. (a) Establishment.--There is hereby established the Paterson Great Falls National Historical Park Partnership whose purpose shall be to coordinate the activities of Federal, State, and local authorities and the private sector in the development and implementation of the integrated resource management plan as described in section 6. (b) Membership.-- (1) The Commission shall be composed of thirteen members appointed by the Secretary, of whom-- (A) 4 members shall be appointed by the Secretary from nominees submitted by the Governor of the State of New Jersey; (B) 2 members shall be appointed by the Secretary from nominees submitted by the City Council of Paterson; (C) 2 members shall be appointed by the Secretary from the Paterson Great Falls National Park Advisory Board as established in section 8; and (D) 1 member shall be appointed by the Secretary from nominees submitted by the Board of Chosen Freeholders of Passaic County, New Jersey. (2) The Partnership shall elect one of its members as Chairperson and one as Vice Chairperson. The term of office of the Chairperson and Vice Chairperson shall be one year. The Vice Chairperson shall serve as chairperson in the absence of the Chairperson. (3) A vacancy in the Partnership shall be filled in the same manner in which the original appointment was made. (4) Terms of service are as follows: (A) Members of the Partnership shall serve for terms of three years and may be reappointed not more than once; and (B) A member may serve after the expiration of his or her term until a successor has been appointed. (5) The Secretary shall appoint the first members of the Partnership within 30 days after the date on which the Secretary has received all of the recommendations for appointment pursuant to subsection (b)(1). (c) Compensation.--Members of the Partnership shall serve without pay, but while away from their homes or regular places of business in the performance of services for the Partnership, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (d) Meetings.--The Partnership shall meet at the call of the Chairperson or a majority of its members. (e) Quorum.--A majority of the Partnership shall constitute a quorum. (f) Staff.--The Secretary shall provide the Partnership with such staff and technical assistance as the Secretary, after consultation with the Partnership, considers appropriate to enable the Partnership to carry out its duties. The Secretary may accept the services of personnel detailed from the State of New Jersey, any political subdivision of the State or any entity represented on the Partnership. (g) Hearings.--The Partnership may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Partnership may deem appropriate. (h) Donations.--Notwithstanding any other provision of law, the Partnership may seek and accept donations of funds, property, or services from individuals, foundations, corporations, and other private and public entities for the purpose of carrying out this section. (i) Use of Funds To Obtain Money.--The Partnership may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money. (j) Mails.--The Partnership may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (k) Obtaining Property.--The Partnership may obtain by purchase, rental, donation, or otherwise, such property, facilities, and services as may be needed to carry out its duties, except that the Partnership may not acquire any real property or interest in real property. (l) Cooperative Agreements.--For purposes of carrying out the plan described in section 6, the Partnership may enter into cooperative agreements with the State of New Jersey, any political subdivision thereof, or with any organization or person. SEC. 8. PATERSON GREAT FALLS NATIONAL PARK ADVISORY COUNCIL. (a) Establishment.--The Secretary, acting through the Director of the National Park Service, shall establish an advisory committee to be known as the Paterson Great Falls National Park Advisory Council. The purpose of the Advisory Council shall be to represent various groups with interests in the national park and make recommendations to the Paterson Great Falls National Park Partnership on issues related to the development and implementation of the management plan. The Advisory Council is encouraged to establish committees relating to specific national park management issues such as education, tourism, transportation, natural resources, cultural and historic resources, and revenue raising activities. Participation on any such committee shall not be limited to members of the Advisory Council. (b) Membership.--The Advisory Council shall consist of not fewer than 15 individuals, to be appointed by the Secretary, acting through the Director of the National Park Service. The Secretary shall appoint no fewer than 3 individuals to represent each of the following categories of entities: municipalities; educational and cultural institutions; environmental organizations; business and commercial entities, including those related to transportation and tourism; and organizations representing African American and Native American interests in the Historic District. (c) Procedures.--Each meeting of the Advisory Council and its committees shall be open to the public. (d) FACA.--The provisions of section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), shall not apply with respect to the Advisory Council. SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE. The Secretary may provide to any owner of property within the national park containing nationally significant historic or cultural resources, in accordance with cooperative agreements or grant agreements, as appropriate, such financial and technical assistance to mark, interpret, and restore non-Federal properties within the national park as the Secretary determines appropriate to carry out the purposes of this Act, provided that-- (1) the Secretary, acting through the National Park Service, shall have right of access at reasonable times to public portions of the property covered by such agreements for the purpose of conducting visitors through such properties and interpreting them to the public; and (2) no changes or alterations shall be made in such properties except by mutual agreement between the Secretary and the other parties to the agreements. SEC. 10. ACQUISITION OF LAND. (a) General Authority.--The Secretary may acquire land or interests in land within the boundaries of the national park by donation, purchase with donated or appropriated funds, or exchange. (b) State Property.--Property owned by the State of New Jersey or any political subdivision of the State may be acquired only by donation. (c) Consent.--No lands or interests therein within the boundaries of the national park may be acquired without the consent of the owner, unless the Secretary determines that the land is being developed, or is proposed to be developed in a manner which is detrimental to the natural, scenic, historic, and other values for which the national park is established. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this section, provided that no funds may be appropriated for land acquisition. (b) Matching Requirement.--Amounts appropriated in any fiscal year to carry out this section may only be expended on a matching basis in a ration of at least three non-Federal dollars to every Federal dollar. The non-Federal share of the match may be in the form of cash, services, or in-kind contributions, fairly valued. <all>