1.This Act may be cited as the
Paterson Great Falls National Park Act
of 2007
.
2.
(a)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)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.
3.In this Act:
(1)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)The term national park means the Paterson Great
Falls National Park established by section 4.
(3)The
term Secretary means the Secretary of the Interior.
(4)The term management plan means the integrated
resource management plan prepared pursuant to section 6.
(5)The
term Partnership means the Paterson Great Falls National Park
Partnership established in section 7.
(6)The term Advisory Council means the Paterson
Great Falls National Park Advisory Council established pursuant to section
8.
4.Paterson great
falls national park
(a)There
is established in Paterson, New Jersey, the Paterson Great Falls National Park
as a unit of the National Park System.
(b)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.
5.
(a)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
jurisdictionNothing 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)
(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 landsIn 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 servicesThe Secretary may accept and use donated
funds, property, and services to carry out this section.
(f)Management in
accordance with integrated management planThe 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.
6.Integrated
resource management plan
(a)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)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 hearingsIn 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)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)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 disapproveIf 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.
7.Paterson great
falls national park partnership
(a)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)
(1)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
chairpersonThe 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—
(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)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)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)The
Partnership shall meet at the call of the Chairperson or a majority of its
members.
(e)A
majority of the Partnership shall constitute a quorum.
(f)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)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)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 moneyThe 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)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)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)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.
8.Paterson great
falls national park advisory council
(a)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)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)Each
meeting of the Advisory Council and its committees shall be open to the
public.
(d)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.
9.Financial and
technical assistanceThe
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.
10.
(a)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)Property owned by the State of New Jersey or any
political subdivision of the State may be acquired only by donation.
(c)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.
11.Authorization of
appropriations
(a)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)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.