[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 189 Reported in Senate (RS)]
Calendar No. 808
110th CONGRESS
2d Session
H. R. 189
[Report No. 110-376]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2007
Received; read twice and referred to the Committee on Energy and
Natural Resources
June 16, 2008
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To establish the Paterson Great Falls National Historical Park in the
State of New Jersey and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Paterson Great Falls
National Historical Park Act of 2007''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The Great Falls Historic District was
designated as a National Historic Landmark in 1976 and
President Gerald Ford declared it ``a symbol of the industrial
might which helps to make America the most powerful nation in
the world''.</DELETED>
<DELETED> (3) Section 510 of Public Law 104-333 established
the Great Falls Historic District to recognize the contribution
to our national heritage of certain historical, cultural, and
natural resources of the historic district.</DELETED>
<DELETED> (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 Landmark.</DELETED>
<DELETED> (5) 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.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (1) to establish a unit of the National Park
System in Paterson, New Jersey, consisting of the Great Falls
Historic District; and</DELETED>
<DELETED> (2) to foster activities 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 for the benefit of present and future
generations.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> For the purposes of this Act, the following definitions
apply:</DELETED>
<DELETED> (1) Park.--The term ``park'' means the Paterson
Great Falls National Historical Park established in section
4.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (3) Commission.--The term ``Commission'' means the
Paterson Great Falls National Historical Park Commission
established in section 7.</DELETED>
<DELETED>SEC. 4. PATERSON GREAT FALLS NATIONAL HISTORICAL
PARK.</DELETED>
<DELETED> (a) Establishment.--In order to preserve and interpret for
the benefit of present and future generations certain historical,
cultural, and natural resources associated with the Great Falls
National Historic District, there is established in the city of
Paterson in the county of Passaic in the State of New Jersey the
Paterson Great Falls National Historical Park as a unit of the National
Park System.</DELETED>
<DELETED> (b) Boundaries.--The park shall consist of approximately
109 acres as generally depicted on the map titled ``Paterson Great
Falls National Historical Park--Proposed Boundary'', numbered T03/
80,000, and dated June 2007. The map shall be on file and available for
public inspection in the appropriate offices of the National Park
Service and the city of Paterson.</DELETED>
<DELETED>SEC. 5. ADMINISTRATION.</DELETED>
<DELETED> (a) In General.--The park shall be administered by the
Secretary in accordance with this Act and the provisions of law
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (16 U.S.C. 1-4) and the Act of August 21,
1935 (16 U.S.C. 461-467).</DELETED>
<DELETED> (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 park.</DELETED>
<DELETED> (c) Cooperative Agreements.--</DELETED>
<DELETED> (1) In general.--In furtherance of the purposes of
this Act, the Secretary is authorized, after consultation with
the Commission, to enter into cooperative agreements with the
owners of properties of natural, historical, or cultural
significance within the park, pursuant to which agreements the
Secretary may mark, interpret, restore, and provide technical
assistance for the preservation of such properties and pursuant
to which the Secretary may provide assistance, including
management services and program implementation.</DELETED>
<DELETED> (2) Right of access.--Each cooperative agreement
shall provide that the Secretary, through 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 purpose of conducting visitors through such properties
and interpreting them to the public.</DELETED>
<DELETED> (3) Alteration of properties.--Each cooperative
agreement shall provide that no changes or alterations shall be
made in the property covered by the agreement except by mutual
agreement between the Secretary and the other party to the
agreement.</DELETED>
<DELETED> (d) Use of Federal Funds.--</DELETED>
<DELETED> (1) Conversion, use, or disposal of projects.--Any
payment made by the Secretary pursuant to a cooperative
agreement under this section shall be subject to an agreement
that conversion, use, or disposal of a project so assisted for
purposes contrary to the purposes of this Act, as determined by
the Secretary, shall result in the right of the United States
to reimbursement of all funds made available to the project or
the portion of the increased value of the project attributable
to such funds as determined at the time of such conversion,
use, or disposal, whichever is greater.</DELETED>
<DELETED> (2) Matching funds.--As a condition of expending
any funds appropriated to the Secretary for the purposes of
cooperative agreements under this section, the Secretary shall
require that such expenditure must be matched by expenditure of
an equal amount of funds provided by non-Federal
sources.</DELETED>
<DELETED> (3) Donations.--With the approval of the
Secretary, any donation of property, goods, or services from a
non-Federal source may be considered as a contribution of funds
from a non-federal source for purposes of this
section.</DELETED>
<DELETED>SEC. 6. GENERAL MANAGEMENT PLAN.</DELETED>
<DELETED> Not later than 3 complete fiscal years after the date
funds are made available for this purpose, the Secretary shall prepare,
in consultation with the Commission, and transmit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a general management plan
for the park in accordance with the provisions of section 12(b) of the
Act of August 18, 1970 (16 U.S.C. 1a-7(b)), popularly known as the
National Park System General Authorities Act, and other applicable
law.</DELETED>
<DELETED>SEC. 7. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK
COMMISSION.</DELETED>
<DELETED> (a) Establishment.--There is hereby established the
Paterson Great Falls National Historical Park Commission whose purpose
shall be to assist and advise the Secretary in the development and
implementation of the general management plan for the park.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) Appointments.--The Commission shall be
composed of 9 members appointed by the Secretary, of whom--
</DELETED>
<DELETED> (A) 4 members shall be from nominees
submitted by the Governor of the State of New
Jersey;</DELETED>
<DELETED> (B) 2 members shall be from nominees
submitted by the City Council of Paterson;</DELETED>
<DELETED> (C) 1 member shall be from nominees
submitted by the Board of Chosen Freeholders of Passaic
County, New Jersey; and</DELETED>
<DELETED> (D) 2 members shall be qualified to serve
on the Commission because of their familiarity with
national parks and historic preservation.</DELETED>
<DELETED> (2) Chairperson; vice chairperson.--The Commission
shall elect one of its members as Chairperson and one as Vice
Chairperson. The Vice Chairperson shall serve as chairperson in
the absence of the Chairperson.</DELETED>
<DELETED> (3) Vacancies.--A vacancy in the Commission shall
be filled in the same manner in which the original appointment
was made.</DELETED>
<DELETED> (4) Terms.--Terms of service are as
follows:</DELETED>
<DELETED> (A) The term of office of the Chairperson
and Vice Chairperson shall be one year.</DELETED>
<DELETED> (B) Members of the Commission shall serve
for terms of 3 years and may be reappointed not more
than once.</DELETED>
<DELETED> (C) A member may serve after the
expiration of his or her term until a successor has
been appointed.</DELETED>
<DELETED> (5) Timeline for appointments.--The Secretary
shall appoint the first members of the Commission not later
than 30 days after the date on which the Secretary has received
all of the recommendations for appointment pursuant to
paragraph (1).</DELETED>
<DELETED> (c) Compensation.--Members of the Commission shall serve
without pay, but while away from their homes or regular places of
business in the performance of services for the Commission, 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.</DELETED>
<DELETED> (d) Meetings.--The Commission shall meet at the call of
the Chairperson or a majority of its members.</DELETED>
<DELETED> (e) Quorum.--A majority of the Commission shall constitute
a quorum.</DELETED>
<DELETED> (f) Staff.--The Secretary shall provide the Commission
with such staff and technical assistance as the Secretary, after
consultation with the Commission, considers appropriate to enable the
Commission 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
Commission.</DELETED>
<DELETED> (g) Exemption.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.</DELETED>
<DELETED> (h) Termination.--The Commission shall terminate 10 years
after the date of the enactment of this Act.</DELETED>
<DELETED>SEC. 8. ACQUISITION OF LAND.</DELETED>
<DELETED> (a) General Authority.--The Secretary may acquire land or
interests in land within the boundaries of the park from willing
sellers only by donation, purchase with donated or appropriated funds,
or exchange.</DELETED>
<DELETED> (b) State Property.--Land or interests in land owned by
the State of New Jersey or any political subdivision of the State may
be acquired only by donation.</DELETED>
<DELETED>SEC. 9. HINCHLIFFE STADIUM.</DELETED>
<DELETED> Not later than three years after the date of the enactment
of this Act, the Secretary shall complete a study regarding the
preservation and interpretation of Hinchliffe Stadium as listed on the
National Register of Historic Places. The study shall include an
assessment of the potential for listing as a National Historic Landmark
as well as options for maintaining the historic integrity of the
stadium.</DELETED>
<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated such sums as may
be necessary to carry out this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paterson Great Falls National
Historical Park Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of Paterson,
New Jersey.
(2) Commission.--The term ``Commission'' means the Paterson
Great Falls National Historical Park Advisory Commission
established by section 6(a).
(3) Historic district.--The term ``Historic District''
means the Great Falls Historic District in the State.
(4) Management plan.--The term ``management plan'' means
the management plan for the Park developed under section 5.
(5) Map.--The term ``Map'' means the map entitled
``Paterson Great Falls National Historical Park-Proposed
Boundary'', numbered T03/80,001, and dated May 2008.
(6) Park.--The term ``Park'' means the Paterson Great Falls
National Historical Park established by section 3(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of New
Jersey.
SEC. 3. PATERSON GREAT FALLS 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 ``Paterson Great Falls National Historical
Park''.
(2) Conditions for establishment.--The Park shall not be
established until the date on which the Secretary determines
that--
(A)(i) the Secretary has acquired sufficient land
or an interest in land within the boundary of the Park
to constitute a manageable unit; or
(ii) the State or City, as appropriate, has entered
into a written agreement with the Secretary to donate--
(I) the Great Falls State Park, including
facilities for Park administration and visitor
services; or
(II) any portion of the Great Falls State
Park agreed to between the Secretary and the
State or City; and
(B) 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 Historic District will
be managed consistent with this Act; and
(ii) future uses of land within the
Historic District will be compatible with the
designation of the Park.
(b) Purpose.--The purpose of the Park is to preserve and interpret
for the benefit of present and future generations certain historical,
cultural, and natural resources associated with the Historic District.
(c) Boundaries.--The Park shall include the following sites, as
generally depicted on the Map:
(1) The upper, middle, and lower raceways.
(2) Mary Ellen Kramer (Great Falls) Park and adjacent land
owned by the City.
(3) A portion of Upper Raceway Park, including the Ivanhoe
Wheelhouse and the Society for Establishing Useful Manufactures
Gatehouse.
(4) Overlook Park and adjacent land, including the Society
for Establishing Useful Manufactures Hydroelectric Plant and
Administration Building.
(5) The Allied Textile Printing site, including the Colt
Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and
Todd Mill ruins.
(6) The Rogers Locomotive Company Erecting Shop, including
the Paterson Museum.
(7) The Great Falls Visitor Center.
(d) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(e) Publication of Notice.--Not later than 60 days after the date
on which the conditions in subparagraphs (A) and (B) of subsection
(a)(2) are satisfied, the Secretary shall publish in the Federal
Register notice of the establishment of the Park, including an official
boundary map for the Park.
SEC. 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 the Great Falls
Visitor Center or any nationally significant properties within
the boundary of the Park under which the Secretary may
identify, interpret, restore, 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 made 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 Act, as
determined by the Secretary, shall entitle the United States to
reimbursement in 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.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by donation,
purchase from a willing seller with donated or appropriated
funds, or exchange.
(2) Donation of state owned land.--Land or interests in
land owned by the State or any political subdivision of the
State may only be acquired 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.
SEC. 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 section, 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 Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
SEC. 6. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ADVISORY
COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Paterson Great Falls National Historical Park Advisory
Commission''.
(b) Duties.--The duties of the Commission shall be to advise the
Secretary in the development and implementation of the management plan.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 9
members, to be appointed by the Secretary, of whom--
(A) 4 members shall be appointed after
consideration of recommendations submitted by the
Governor of the State;
(B) 2 members shall be after consideration of
recommendations submitted by the City Council of
Paterson, New Jersey;
(C) 1 member shall be after consideration of
recommendations submitted by the Board of Chosen
Freeholders of Passaic County, New Jersey; and
(D) 2 members shall have experience with national
parks and historic preservation.
(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 in accordance with section 3.
(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
Chairman 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 duties 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 duties of the
Commission.
(B) Detail of employees.--The Secretary may accept
the services of personnel detailed from--
(i) the State;
(ii) any political subdivision of the
State; or
(iii) any entity represented on the
Commission.
(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.--The Commission shall terminate 10 years after the
date of enactment of this Act.
SEC. 7. STUDY OF HINCHLIFFE STADIUM.
(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
shall complete a study regarding the preservation and interpretation of
Hinchliffe Stadium, which is listed on the National Register of
Historic Places.
(b) Inclusions.--The study shall include an assessment of--
(1) the potential for listing the stadium as a National
Historic Landmark; and
(2) options for maintaining the historic integrity of
Hinchliffe Stadium.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Calendar No. 808
110th CONGRESS
2d Session
H. R. 189
[Report No. 110-376]
_______________________________________________________________________
AN ACT
To establish the Paterson Great Falls National Historical Park in the
State of New Jersey and for other purposes.
_______________________________________________________________________
June 16, 2008
Reported with an amendment