[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3942 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3942

To establish the Paterson Great Falls National Park in the State of New 
                    Jersey, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2006

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

_______________________________________________________________________

                                 A BILL


 
To establish the Paterson Great Falls National 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paterson Great Falls National Park 
Act of 2006''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Great Falls Historic District in Paterson, New 
        Jersey is the site 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 
        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) The Historic District was established as a National 
        Historic District in 1996.
            (4) Exceptional natural and cultural resources make the 
        Historic District America's only National Historic District 
        that contains both a National Historic Landmark and a National 
        Natural Resource.
            (5) The 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 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 Historic 
        District.
            (8) Congress and the National Park Service recognized the 
        national significance of the 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 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 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 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 prepared pursuant to 
        section 6.
            (5) Partnership.--The term ``Partnership'' means the 
        Paterson Great Falls National Park Partnership established in 
        section 7.
            (6) Advisory council.--The term ``Advisory Council'' means 
        the Paterson Great Falls National Park Advisory Council 
        established pursuant to section 8.

SEC. 4. PATERSON GREAT FALLS NATIONAL PARK.

    (a) Establishment.--There is established in Paterson, 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 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.
    (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 
                property or exhibits or attending programs established 
                by the Secretary under this subsection; and
                    (B) no changes or alterations shall be made in the 
                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 availability of appropriated funds, 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 the 
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 management plan shall include, at a minimum, 
each of 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 management 
                plan, including allocation of non-Federal matching 
                requirements 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.
            (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 management plan.
    (d) Approval of the Management Plan.--
            (1) In general.--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 regarding the management plan. After 
        considering the Governor's recommendations, if any, the 
        Partnership shall submit the plan to the Secretary, who shall 
        approve or disapprove the plan not later than 90 days after 
        receiving the management plan from the Partnership. In 
        reviewing the management plan, the Secretary shall consider 
        each of the following:
                    (A) The adequacy of public participation.
                    (B) Assurances from State and local officials 
                regarding implementation of the management plan.
                    (C) The adequacy of regulatory and financial tools 
                that are in place to implement the management plan.
            (2) Disapproval.--If the Secretary disapproves the 
        management plan, the Secretary shall, not later than 60 days 
        after the date of such disapproval, submit to the Partnership 
        in writing the reasons for the disapproval and recommendations 
        for revision. Not later than 90 days after receipt of such 
        notice of disapproval and recommendations, the Partnership 
        shall revise and resubmit the management plan to the Secretary 
        who shall approve or disapprove the revision not later than 60 
        days after receiving the revised management plan.
            (3) Result of failure to approve or disapprove.--If the 
        Secretary does not take action within the deadlines set forth 
        in paragraphs (1) or (2), the plan shall be deemed to have been 
        approved.
    (e) Prior to 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 
management plan.
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 13 
        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; 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) Chairperson; vice chairperson.--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) Vacancies.--A vacancy in the Partnership shall be 
        filled in the same manner in which the original appointment was 
        made.
            (4) Terms.--Terms of service--
                    (A) members of the Partnership shall serve for 
                terms of 3 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) Deadline.--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 Federal 
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 
management plan, 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 
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:
            (1) Municipalities.
            (2) Educational and cultural institutions.
            (3) Environmental organizations.
            (4) Business and commercial entities, including those 
        related to transportation and tourism.
            (5) 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.) are hereby waived 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 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 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 3 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.
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