[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4147 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4147

To establish the Hudson and Mohawk Rivers National Heritage Corridor in 
             the State of New York, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1994

 Mr. McNulty introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Hudson and Mohawk Rivers National Heritage Corridor in 
             the State of New York, and for other purposes.

    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 ``Hudson and Mohawk Rivers National 
Heritage Corridor Act of 1994''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The area of the confluence of the Hudson and Mohawk 
        Rivers in the State of New York experienced rapid growth and 
        transformation from an agrarian to an industrial area in the 
        early 19th century because of its geographic location, water 
        power, and human creative genius. It has been called the 
        ``Birthplace of America's Industrial Revolution''.
            (2) The cities and villages in the 19th century that make 
        up this area were commercial and industrial communities that 
        linked New England's markets with other northeastern cities and 
        Europe, spawned the collar industry, thriving iron and textile 
        industries, and a diversified economy and became home to the 
        beginning of the first women's labor union, to reform movements 
        and a stop on the underground railroad, and to the first female 
        secondary school, the Troy Female Seminary, to teach young 
        women the same curriculum as their brothers.
            (3) This area exists today as a reservoir of historic and 
        cultural lands, waterways, and structures revealing the wide 
        diversity of individual and social endeavor that created a 
        productive urban industrial society.
            (4) Many of the existing historic sites and districts in 
        this area are listed on the National Register of Historic 
        Places, are linked along a Heritage Trail which has been 
        designated a National Recreation Trail, and possess significant 
        undeveloped recreational opportunities for people throughout 
        the United States.
            (5) The seven cities, towns, and villages making up this 
        Hudson-Mohawk area have entered into a cooperative arrangement 
        to manage their valuable cultural resources and the area has 
        been designated by the State of New York to be one of fourteen 
        urban cultural parks to represent industrial development and 
        labor themes in the State's development.
            (6) This area, known as the Hudson-Mohawk Urban Cultural 
        Park or RiverSpark, has been a pioneer in the development of 
        ``partnership parks'' where intergovernmental and public and 
        private partnerships bring about the conservation of our 
        heritage and the attainment of goals for preservation, 
        education, recreation, and economic development.
            (7) The Hudson Mohawk area played a nationally significant 
        role in the industrial development of the Nation, the 
        development of the labor union movement, and the evolution of 
        working class culture, and this role is reflected in existing 
        sites and districts.
            (8) Despite existing efforts by local, regional, and State 
        agencies, businesses, cultural and education institutions, and 
        private citizens, some important cultural and natural resources 
        of the Hudson Mohawk area may be lost or fail to meet their 
        recreational and educational potential without a clear and 
        directed Federal role in the partnership.
            (9) Many of the local, regional, and State agencies, 
        businesses, and cultural and educational institutions have 
        expressed the overwhelming desire to combine forces with 
        Federal partners to work cooperatively to preserve, manage, and 
        beneficially use the cultural and natural resources region wide 
        and better plan for the future.
    (b) Purpose.--It is the purpose of this Act to provide a management 
framework to assist the State of New York, its units of local and 
regional government and citizens in the development and implementation 
of integrated cultural, historical, educational, recreational, and 
related economic land resource management programs in order to retain, 
enhance, and interpret significant features of the lands, waters, 
structures, and cultural setting of Hudson and Mohawk Rivers 
communities in the State of New York.

SEC. 3. HUDSON AND MOHAWK RIVERS NATIONAL HERITAGE CORRIDOR; PURPOSE.

    (a) Establishment.--There is hereby established in the State of New 
York the Hudson and Mohawk Rivers National Heritage Corridor.
    (b) Boundaries.--The boundaries of the Corridor shall include the 
cities of Troy, Cohoes, and Watervliet, the towns of Waterford and 
Colonie and the villages of Waterford and Green Island, as generally 
depicted on the map entitled ``--------'', dated ``--------'' and 
numbered ``--------''.
    (c) Administration.--The Corridor shall be administered in 
accordance with the provisions of this Act.

SEC. 4. HUDSON AND MOHAWK RIVERS NATIONAL HERITAGE CORRIDOR COMMISSION.

    (a) Establishment.--There is hereby established the Hudson and 
Mohawk Rivers National Heritage Corridor Commission (referred to in 
this Act as the ``Commission''). The Commission shall assist 
appropriate Federal, State, and local authorities and regional planning 
organizations in the development and implementation of an integrated 
resource management plan to carry out the purposes of this Act.
    (b) Membership.--(1) The Commission shall be comprised of 19 
members, as follows:
            (A) The Director of the National Park Service ex officio 
        (or his delegate).
            (B) Four individuals nominated by the Governor and 
        appointed by the Secretary from among the following--
                    (i) persons representing the New York Office of 
                Parks, Recreation and Historic Preservation, or a 
                person representing the interest of the Commissioner;
                    (ii) persons representing the New York Department 
                of Environmental Conservation or a person representing 
                the interest of the Commissioner;
                    (iii) persons representing the New York Department 
                of Economic Development or a person representing the 
                interests of the Commissioner; and
                    (iv) persons representing the Hudson-Mohawk Urban 
                Cultural Park Commission or a person representing the 
                interest of the Chairman.
            (C) Six individuals representing the interest of local 
        government or regional organizations from New York appointed by 
        the Secretary after receiving recommendations from the 
        Governor, of whom, at least 3 shall be local elected officials 
        from the region; and
            (D) Nine individuals from the general public, who are 
        citizens of the State of New York, appointed by the Secretary, 
        after receiving recommendations from the Governor, representing 
        conservation, business, tourism, education, and recreational 
        interests.
    (2) A vacancy in the Commission shall be filled in the manner in 
which the original appointments were made.
    (3) Original appointments made under paragraph (1) shall be made 
not later than six months after the date of enactment of this Act.
    (c) Terms.--(1) Members of the Commission shall be appointed for 
terms of three years and may be reappointed.
    (2) Any member appointed to fill a vacancy occurring before the 
expiration of the term for which his predecessor was appointed shall be 
appointed only for the remainder of such term. Any member of the 
Commission appointed for a definite term may serve after the expiration 
of his term until his successor has taken office.
    (d) Compensation.--Members of the Commission shall receive no pay 
on account of their service on the Commission but while away from their 
homes or regular places of business in the performance of services for 
the Commission, members of the Commission 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.
    (e) Chairperson.--The Chairperson of the Commission shall be 
elected by the members of the Commission.
    (f) Quorum.--(1) Eight members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (2) The affirmative vote of not less than ten members of the 
Commission shall be required to approve the budget of the Commission.
    (g) Meetings.--The Commission shall hold its first meeting not 
later than 90 days after the date on which its members are appointed 
and shall meet at least quarterly at the call of the Chairperson or ten 
of its members. Meetings of the Commission shall be subject to section 
552(b) of title 5, United States Code (relating to open meetings).
    (h) Proxy.--Any member of the Commission may vote by means of a 
signed proxy exercised by another member of the Commission, but any 
member so voting shall not be considered present for purposes of 
establishing a quorum.

SEC. 5. STAFF OF THE COMMISSION.

    (a) In General.--(1) The Commission shall have the power to appoint 
and fix compensation of such staff as may be necessary to carry out its 
duties.
    (2) Staff appointed by the Commission--
            (A) shall be appointed subject to the provisions of title 
        5, United States Code, governing appointments in the 
        competitive service; and
            (B) shall be paid in accordance with provisions of chapter 
        51 and subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.
    (b) Experts and Consultants.--Subject to such rules as may be 
adopted by the Commission, the Commission may procure temporary and 
intermittent services to the same extent as is authorized by section 
3109(b) of title 5, United States Code, but at rates determined by the 
Commission to be reasonable.
    (c) Staff of Other Agencies.--(1) Upon request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of such agency to the Commission to assist the 
Commission in carrying out the Commission's duties.
    (2) The Commission may accept the services of personnel detailed 
from the State, any political subdivision thereof, and regional 
planning organizations for those services.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings.--(1) The Commission may, for the purposes of carrying 
out this Act, hold hearings, sit and act at such times and places, take 
such testimony, and receive such evidence, as the Commission considers 
appropriate.
    (2) The Commission may not issue subpoenas or exercise any subpoena 
authority.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission, if so authorized by the Commission, may take any action 
which the Commission is authorized to take by this Act.
    (c) Administrative Support Services.--The Administrator of the 
General Services Administration shall provide to the Commission, on a 
reimbursable basis, such administrative support services as the 
Commission may request.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
other agencies of the United States.
    (e) Use of Funds To Obtain Money.--The Commission 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.
    (f) Gifts.--(1) The Commission may, for purposes of carrying out 
its duties, seek, accept, and dispose of gifts, bequests, or donations 
of money, personal property, or services, received from any source.
    (2) For purposes of section 170(c) of the Internal Revenue Code of 
1986, any gift to the Commission shall be deemed as a gift to the 
United States.
    (g) Acquisition of Real Property.--(1) Except as provided in 
paragraph (2) and except with respect to any leasing of facilities 
under subsection (c), the Commission may not acquire any real property 
or interest in real property.
    (2) Subject to paragraph (3), the Commission may acquire real 
property or interests in real property in the Corridor--
            (A) by gift or devise; or
            (B) by purchase from a willing seller with money that was 
        given, appropriated, or bequeathed to the Commission on the 
        condition that such money would be used to purchase real 
        property, or interest in real property, in the Corridor.
    (3) Any real property or interest in real property acquired by the 
Commission under paragraph (2) shall be conveyed by the Commission to 
an appropriate public or private land management agency, as determined 
by the Commission. Any such conveyance shall be made--
            (A) as soon as practicable after such acquisition;
            (B) without consideration; and
            (C) on the condition that the real property or interest in 
        real property so conveyed is used for public purposes.
    (h) Cooperative Agreements.--For purposes of carrying out the Plan, 
the Commission may enter into cooperative agreements with the State of 
New York and the Hudson-Mohawk Urban Cultural Park Commission, with any 
political subdivision, or with any person or organization. Any such 
cooperative agreement shall, at a minimum, establish procedures for 
providing notice to the Commission of any action proposed by any entity 
which has entered into such an agreement with the Commission which may 
affect implementation of the Plan referred to in section 7.

SEC. 7. DUTIES OF THE COMMISSION.

    (a) Preparation of Plan.--Within two years after the Commission 
conducts its first meeting, it shall submit to the Secretary, the 
Governor, and the Hudson-Mohawk Urban Cultural Park Commission, for 
review and approval in accordance with section 10 of Cultural Heritage 
and Corridor Management Plan. The Plan shall be based on existing 
Federal, State, regional, and local plans, but shall coordinate those 
plans and present a unified historic preservation, interpretation, 
recreational, and economic plan for the Corridor. The Plan shall--
            (1) provide an inventory which includes any property in the 
        Corridor which should be preserved, restored, managed, 
        developed, maintained, or acquired because of its national 
        historic or cultural or recreational significance;
            (2) recommend advisory standards and criteria applicable to 
        the construction, preservation, restoration, alteration, and 
        use of all properties within the Corridor;
            (3) develop a historic interpretation plan to interpret the 
        history of the Corridor;
            (4) develop an inventory which includes existing and 
        potential recreation sites which are developed or which could 
        be developed within the Corridor;
            (5) recommend policies for resource management which 
        consider and detail application of appropriate land and water 
        management techniques, including (but not limited to) the 
        development of intergovernmental cooperative agreements to 
        protect the Corridor's historical, cultural, recreational, 
        scenic, natural and related, sustainable economic resources in 
        a manner consistent with supporting appropriate and compatible 
        economic revitalization efforts;
            (6) detail ways in which local, State, and Federal programs 
        may best be coordinated to promote the purposes of this Act; 
        and
            (7) contain a program for implementation of the Plan by the 
        State, its political subdivisions, and the Hudson-Mohawk Urban 
        Cultural Park Commission.
    (b) Implementation of Plan.--After review and approval of the Plan 
by the Secretary, the Governor and the Hudson-Mohawk Urban Cultural 
Park Commission, as provided in subsection (a), the Commission shall 
implement the Plan by taking appropriate steps to preserve and 
interpret the historic resources, develop the recreational resources of 
the Corridor and its surrounding area, and support public and private 
efforts in economic revitalization, consistent with the goals of the 
Plan. These steps may include, but need not be limited to--
            (1) assisting the State, the Hudson-Mohawk Urban Cultural 
        Park Commission, local governmental entities, regional planning 
        organizations, and nonprofit organizations in preserving the 
        Corridor and ensuring appropriate use of lands and structures 
        throughout the Corridor;
            (2) assisting the State, the Hudson-Mohawk Urban Cultural 
        Park Commission, local governmental entities, regional planning 
        organizations, and nonprofit organizations in establishing and 
        maintaining visitor centers and other interpretive exhibits in 
        the Corridor;
            (3) assisting the State, the Hudson-Mohawk Urban Cultural 
        Park Commission, local governmental entities, regional planning 
        organizations, and nonprofit organizations in developing 
        recreational programs and resources in the Corridor;
            (4) assisting the State, the Hudson-Mohawk Urban Cultural 
        Park Commission, local governmental entities, and regional 
        planning organizations in increasing public awareness of and 
        appreciation for the historical and architectural resources and 
        sites in the Corridor;
            (5) assisting the State, the Hudson-Mohawk Urban Cultural 
        Park Commission, local governmental entities, regional planning 
        organizations, and nonprofit organizations in the restoration 
        of any historic building in the Corridor;
            (6) encouraging by appropriate means enhanced economic and 
        industrial development in the Corridor consistent with the 
        goals of the Plan;
            (7) encouraging local governments to adopt land use 
        policies consistent with the management of the Corridor and the 
        goals of the Plan and to ensure appropriate use of lands and 
        structures throughout the Corridor; and
            (8) assisting the State, the Hudson-Mohawk Urban Cultural 
        Park Commission, local governmental entities, and regional 
        planning organizations to ensure that clear, consistent signs 
        identifying access points and sites of interest are put in 
        place throughout the Corridor.

SEC. 8. ACQUISITION OF PROPERTY.

    The Secretary is authorized to acquire any property within the 
Corridor, or any interest therein, as he determines is necessary, if 
such property--
            (1) is designated for acquisition in the Plan prepared by 
        the Commission pursuant to section 7 or as a key site in the 
        National Historic Landmark Theme Study on American Labor 
        History, prepared under Public Law 102-101 (105 Stat. 493);
            (2) is listed in the National Register of Historic Places; 
        or
            (3) is determined by the Secretary to be of national 
        significance;
except that the Secretary may not acquire the fee simple title to any 
property without the consent of the owner. Any property or interest 
therein owned by the State of New York or any political subdivision 
thereof may be acquired only by donation.

SEC. 9. TERMINATION OF COMMISSION.

    (a) Termination.--Except as provided in subsection (b), the 
Commission shall terminate on the day occurring five years after the 
date of enactment of this Act.
    (b) Extension.--The Commission may be extended for a period of not 
more than five years beginning on the day of termination referred to in 
subsection (a) if, not later than 180 days before such day--
            (1) the Commission determines such extension is necessary 
        in order to carry out the purposes of this Act;
            (2) the Commission submits such proposed extension to the 
        Committee on Natural Resources of the House of Representatives 
        and the Committee on Energy and National Resources of the 
        Senate; and
            (3) the Secretary, in consultation with the Governor of New 
        York, approves such extension.

SEC. 10. DUTIES OF THE SECRETARY.

    (a) Approval of Plan.--The Secretary, in consultation with the 
Governor and the Hudson-Mohawk Urban Cultural Park Commission, shall 
approve or disapprove a Plan submitted under this Act by the Commission 
not later than 60 days after receiving such Plan. The Secretary, in 
consultation with the Governor and the Hudson-Mohawk Urban Cultural 
Park Commission, shall approve a Plan submitted if--
            (1) the Secretary finds the Plan, if implemented, would 
        adequately protect significant historical and cultural 
        resources of the Corridor while providing adequate and 
        appropriate educational and outdoor recreational opportunities 
        and economic activities within the Corridor;
            (2) the Secretary determines that the Commission held 
        public hearings and provided adequate opportunity for public 
        and governmental involvement in the preparation of the Plan; 
        and
            (3) the Secretary receives adequate assurances from 
        appropriate State officials that the recommended implementation 
        program identified in the Plan will be initiated within a 
        reasonable time after the date of approval of the Plan and that 
        such implementation program will ensure effective 
        implementation of the State, regional and local aspects of the 
        Plan.
    (b) Disapproval of Plan.--If the Secretary disapproves a Plan 
submitted to him by the Commission, he shall advise the Commission in 
writing of the reasons therefor and shall make recommendations for 
revisions in the Plan. The Commission shall within 90 days of receipt 
of such notice of disapproval revise and resubmit the Plan to the 
Secretary who shall approve or disapprove a proposed revision within 60 
days after the date it is submitted to him.
    (c) Assistance.--The Secretary shall, upon request of the 
Commission, assist the Commission in the preparation and implementation 
of the Plan.

SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities directly 
affecting the Corridor shall--
            (1) consult with the Secretary and the Commission with 
        respect to such activities;
            (2) cooperate with the Secretary and the Commission with 
        respect to such activities and, to the maximum extent 
        practicable, coordinate such activities; and
            (3) to the maximum extent practicable, conduct or support 
        such activities in a manner which the Commission determines 
        will not have an adverse effect on the Corridor.

SEC. 12. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Commission'' means the Hudson-Mohawk Rivers 
        National Heritage Corridor Commission established under section 
        4.
            (2) The term ``State'' means the State of New York.
            (3) The term ``Corridor'' means the Hudson-Mohawk Rivers 
        National Heritage Corridor established under section 3.
            (4) The term ``Plan'' means the Cultural Heritage and 
        Corridor Management Plan to be prepared by the Commission 
        pursuant to section 7.
            (5) The term ``Governor'' means the Governor of the State 
        of New York.
            (6) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commission.--There is authorized to be appropriated $300,000 
for fiscal year 1995 and $300,000 annually to the Commission to carry 
out its duties under this Act.
    (b) Secretary.--There are authorized to be appropriated annually to 
the Secretary such sums as may be necessary to carry out his duties 
under this Act.

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HR 4147 IH----2