[Congressional Record Volume 153, Number 1 (Thursday, January 4, 2007)]
[Senate]
[Pages S135-S138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself and Mr. Menendez):
  S. 148. A bill to establish the Paterson Great Falls National Park in 
the State of New Jersey, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. LAUTENBERG. Mr. President, I rise today with great pride to 
reintroduce legislation which would create a national park in my 
hometown of Paterson, NJ, The Paterson Great Falls National Park Act of 
2007, which I first introduced last year, would bring long-deserved 
recognition and accessibility to one of our Nation's most beautiful and 
historic landmarks. I am pleased that my colleague from New Jersey, 
Senator Menendez, is cosponsoring this legislation.
  The Great Falls are located where the Passaic River drops nearly 80 
feet straight down, on its course towards New York Harbor. It is one of 
the tallest and most spectacular waterfalls on the east coast, but the 
incredible natural beauty of the falls should not overshadow its 
tremendous importance as the powerhouse of industry in New Jersey and 
the infant United States. Indeed, in 1778, Alexander Hamilton visited 
the Great Falls and immediately realized the potential of the falls for 
industrial applications and development. Hamilton was instrumental in 
creating the planned community in Paterson--the first of its kind 
nationwide--centered on the Great Falls, and industry thrived on the 
power generated by the falls. Rogers Locomotive Works, the premier 
steam locomotive manufacturer of the 19th century, was

[[Page S136]]

located in the shadow of the falls, as were many other vitally 
important manufacturing enterprises.
  President Ford recognized the importance of the area by declaring the 
falls and its surroundings a ``National Historic Landmark'' in 1976; he 
called the falls ``a symbol of the industrial might which helps to make 
the United States the most powerful nation in the world.'' Now, it is 
time that we recognize the importance of this historic area by making 
it New Jersey's first national park. This would be of special 
importance because so few of our national parks are in urban areas. I 
believe that it is time we acknowledge that many of our most 
significant national treasures are located in densely populated areas, 
and creating a national park in Paterson is an ideal opportunity to do 
just that.
  I grew up in Paterson, and I have appreciated the majesty and beauty 
of the Great Falls for many years. By creating a national park in 
Paterson, more Americans can be exposed to the exceptional cultural, 
natural, and historic significance of the Great Falls, and that is why 
I will passionately advocate for the passage of this bill. I have been 
delighted to again work with my good friend, Congressman Bill 
Pascrell--another longtime resident of Paterson--on this issue, as well 
as with a bipartisan group of lawmakers from my home State, all of whom 
believe strongly in this cause. I urge my colleagues to support the 
passage of this legislation, which is so important to New Jersey and 
all of America.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 148

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Paterson Great Falls 
     National Park Act of 2007''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Great Falls Historic District in Paterson, New 
     Jersey is the site 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

[[Page S137]]

     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

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     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.
                                 ______