[Senate Report 104-42]
[From the U.S. Government Publishing Office]
Calendar No. 65
104th Congress Report
SENATE
1st Session 104-42
_______________________________________________________________________
BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR AMENDMENTS ACT OF
1995
_______
April 7 (legislative day, April 5), 1995.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 601]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 601) to revise the boundaries of the
Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Measure
The purposes, of S. 601, as ordered reported, are to revise
the boundaries of the Blackstone River Valley National Heritage
Corridor in Massachusetts and Rhode Island, and to extend the
term of the Blackstone River Valley Corridor Commission for an
additional 10 years.
Background and Need
The Blackstone River Valley National Heritage Corridor (the
``corridor''), an affiliated area of the National Park System,
is comprised of non-Federal properties located in the States of
Massachusetts and Rhode Island. The corridor was established by
Public Law 99-647 in 1986 to interpret the area's history and
to facilitate the development of local partnerships for the
management and preservation of the corridor's historic
resources. Over 100 partnerships are in place with State and
local governments, Federal agencies, non-profit groups, and
educational institutions to manage and interpret the corridor.
Known as the birthplace of the American Industrial
Revolution, the Blackstone River Valley contains mills and
riverways which contributed to the development of a successful
waterpower system. The first water-powered factory, Slater
Mill, was built on the banks of the Blackstone River. The
Blackstone River Valley also contains mill villages, historic
buildings, the Blackstone Canal--a recreational canal, and
other significant natural and historic resources.
S. 601 would amend Public Law 99-647 to make several
modifications. It would add approximately 150,000 acres to the
Blackstone River Valley National Heritage Corridor, thereby
including a portion of the town of Worcester and all of the
town of Leicester in Massachusetts, as well as all of the towns
of Burrillville, Glocester, and Smithfield in Rhode Island. The
bill would extend the term of the Blackstone River Valley
Corridor Commission (the ``commission'') by an additional 10
years. Finally, the bill would increase the authorization for
appropriations, require matching funds, and increase the
commission's annual authorization from $350,000 to $650,000.
Legislative History
S. 601 was introduced by Senators Chafee, Kennedy, Kerry,
and Pell, on March 23, 1995, and subsequently referred to the
Senate Committee on Energy and Natural Resources.
Similar legislation, S. 1222, was introduced by Senator
Kennedy and others during the 103d Congress. The Subcommittee
on Public Lands, National Parks and Forests held a hearing on
S. 1222 on August 2, 1994. At the business meeting on September
21, 1994, the Committee on Energy and Natural Resources ordered
S. 1222 favorably reported.
At the business meeting on March 29, 1995, the Committee on
Energy and Natural Resources ordered S. 601 favorably reported,
without amendment.
Committee Recommendations and Tabulations of Votes
The Committee on Energy and Natural Resources, in open
business session on March 29, 1995, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 601, without
amendment.
The roll call vote on reporting the measure was 20 yeas, 0
nays, as follows:
YEAS NAYS
Mr. Murkowski
Mr. Hatfield \1\
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas \1\
Mr. Kyl \1\
Mr. Grams
Mr. Jeffords \1\
Mr. Burns \1\
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan
\1\ Indicates voted by proxy.
Section-by-Section Analysis
Section 1 entitles the bill the ``Blackstone River Valley
National Heritage Corridor Amendments Act of 1995.''
Section 2 amends section 2 of the 1986 Act establishing the
Blackstone River Valley National Heritage Corridor (the
``corridor'') in Massachusetts and Rhode Island (Public Law 99-
647; 16 U.S.C. 461 note) to include within the corridor the
area depicted on a map dated May 2, 1993.
Section 3 amends section 3(c) of the 1986 Act to allow a
member of the Blackstone River Valley National Heritage
Corridor Commission (the ``commission'') to serve after the
expiration of his or her term until a successor has been
appointed.
Section 4 adds a new subsection (d) to section 6 of the
1986 Act.
Paragraph (d)(1) directs the commission to revise the
Cultural Heritage and Land Management Plan (the ``plan'') for
the corridor to reflect the boundary change made in section 2,
and to include an inventory of natural resource areas or
features that should be managed by the Secretary of the
Interior (the ``Secretary'') through the commission because of
their contribution to the understanding of national cultural
landscape values.
Paragraph (d)(2) states that no changes other than minor
revisions may be made in the approved plan as amended, and that
the Secretary shall approve or disapprove any proposed change
in the plan, except minor revisions, in accordance with
subsection (b) of the 1986 Act.
Section 5 replaces section 7 of the 1986 Act.
Subsection (a) states that the commission shall terminate
10 years following the date of enactment of Blackstone River
Valley National Heritage Corridor Amendments Act of 1995.
Subsection (b) provides that the commission may be extended
for an additional term of 10 years if the Commission determines
that an extension is necessary to carry out the purposes of
this Act, submits a proposed extension to the appropriate
Committees of the Senate and the House of Representatives, the
Secretary and the Governors of Massachusetts and Rhode Island
approve the extension.
Subsection (c) directs the Secretary to approve an
extension of the commission if the Secretary finds that the
Governors of Massachusetts and Rhode Island provide adequate
assurances of continued tangible contribution and effective
policy support toward achieving the purposes of the Act, and
that the commission is effectively assisting Federal, State,
and local authorities to retain, enhance, and interpret the
distinctive character and nationally significant resources of
the corridor.
Section 6 adds a new section 8(c) to the 1986 Act.
Paragraph (c)(1) authorizes the Secretary to provide funds
for projects in the corridor that exhibit national significance
or provide a variety of historic, recreational, or
environmental education opportunities.
Paragraph (c)(2) requires that, to be eligible for funds
under this section, the commission shall submit an application
to the Secretary that includes a 10-year development plan, and
specific descriptions of annual work programs, parties, roles,
cost estimates cost-sharing, or cooperative agreements
necessary to carry out the development plan.
Paragraph (c)(3) states that funds made available pursuant
to this section shall not exceed half of the total cost of the
work programs.
Paragraph (c)(4) directs the Secretary to give priority to
projects that attract greater non-Federal funding sources.
Paragraph (c)(5) provides that expenditures for real
property shall be subject to an agreement either to convey a
conservation or preservation easement to the Department of
Environmental Management or to the Historic Preservation
Commission of the State in which the property is located.
Conversion, use, or disposal of resources for purposes contrary
to the intent to this Act, as determined by the Secretary,
shall result in a right of the United States for reimbursement
of all funds, or the proportion of the increased value of the
resources attributable to such funds as determined at the time
of the conversion, use, or disposal, whichever is greater.
Paragraph (c)(6) states that the authority to determine
that a conversion, use, or disposal of resources has been
carried out contrary to the purposes of this Act shall be at
the discretion of the Secretary.
Section 7 provides that local authority and private
property shall not be affected by activities of the Commission.
Section 8 amends section 10 of the 1986 Act to increase the
annual appropriation ceiling to $650,000, and adds a new
subsection authorizing a total appropriation of $5 million for
fiscal years 1996, and 1997, and 1998.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 6, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 601, the Blackstone
River Valley National Heritage Corridor Amendments Act of 1995.
Enactment of S. 601 would not affect direct spending or
receipts. Therefore, pay-as-you-go procedures would not apply
to the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill.
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
1. Bill number: S. 601.
2. Bill title: The Blackstone River Valley National
Heritage Corridor Amendments Act of 1995.
3. Bill status: As ordered reported by the Senate Committee
on Energy and Natural Resources on March 29, 1995.
4. Bill purpose: S. 601 would expand the Blackstone River
Valley National Heritage Corridor by about 150,000 acres. The
bill also would extend the life of the Blackstone River Valley
National Heritage Corridor Commission for an additional eight
years. Section 8 of the bill would authorize the appropriation
of a total of $5 million over fiscal years 1996 through 1998
for projects within the corridor and would increase the annual
authorization for commission operations from $350,000 to
$650,000.
5. Estimated cost to the Federal Government:
----------------------------------------------------------------------------------------------------------------
1995 1996 1997 1998 1999 2000
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Project spending under current law:
Authorization level \1\................... 1.10 0.35 0.35 ......... ......... .........
Estimate outlays.......................... 1.10 0.35 0.35 ......... ......... .........
Proposed changes:
Authorization level....................... ......... 5.30 0.30 0.65 0.65 0.65
Estimate outlays.......................... ......... 5.30 0.30 0.65 0.65 0.65
Projected spending under S. 601:
Authorization level \1\................... 1.10 5.65 5.65 0.65 0.65 0.65
Estimate outlays.......................... 1.10 5.65 5.65 0.65 0.65 0.65
----------------------------------------------------------------------------------------------------------------
\1\ The figure for 1995 is the amount already appropriated and includes $0.35 million for commission expenses
and $0.75 million for corridor projects.
The costs of this bill fall within budget function 300.
6. Basis of estimate: For purpose of this estimate, CBO has
assumed that S. 601 would be enacted late in fiscal year 1995
and that the full amounts authorized would be appropriated for
each fiscal year beginning in 1996. For fiscal year 1996, the
gross authorization level is equal to the entire $5 million
authorized for appropriation over the 1996-1998 period plus the
$0.65 million authorized for commission expenses. Under current
law, $0.35 million is authorized for commission expenses for
each year until the commission expires, sometime in fiscal year
1997. Outlays have been estimated on the basis of historical
spending patterns for this activity.
7. Pay-as-you-go considerations: None.
8. Estimated cost to State and local governments: None.
9. Estimate comparison: None.
10. Previous CBO estimate: None.
11. Estimate prepared by: Deborah Reis.
12. Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 601. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 601, as ordered reported.
Executive Communications
On March 24, 1995, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 601. These reports
had not been received at the time the report on S. 601 was
filed. When these reports become available, the chairman will
request that they be printed in the Congressional Record for
the advice of the Senate.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 601, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
[Public Law 99-647--99th Congress]
An ACT To establish the Blackstone River Valley National Heritage
Corridor in Massachusetts and Rhode Island
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
boundaries and administration
Sec. 2. (a) Boundaries.--[The boundaries shall include
those lands generally depicted on a map entitled Blackstone
River Valley National Heritage Corridor, numbered BRV-80-80,000
and dated October 1986.] The boundaries shall include the lands
and water generally depicted on the map entitled Blackstone
River Valley National Heritage Corridor Boundary Map, numbered
BRV-80-80,011, and dated May 2, 1993. The map shall be on file
and available for public inspection in the office of the
Department of the Interior in Washington, DC and the
Massachusetts and Rhode Island Departments of Environmental
Management. The Secretary of the Interior (hereinafter referred
to as the ``Secretary'') shall publish in the Federal Register,
as soon as practical after the date of enactment of this Act a
detailed description and map of the boundaries established
under this subsection.
* * * * * * *
blackstone river valley national heritage corridor commission
Sec. 3. (a) * * *
* * * * * * *
(c) Terms.--Members of the Commission shall be appointed
for terms of three years, but may continue to serve after the
expiration of this term until a successor has been appointed.
* * * * * * *
powers of commission
Sec. 5. (a) * * *
* * * * * * *
(j) Local Authority and Private Property Not Affected.--
Nothing in this Act shall be construed to affect or to
authorize the Commission to interfere with--
(1) the rights of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of
the Commonwealth of Massachusetts or a political
subdivision of such Commonwealth.
* * * * * * *
duties of the commission
Sec. 6. (a) * * *
* * * * * * *
(d) Revision of Plan.--(1) Not later than 1 year after the
date of enactment of this subsection, the Commission, with the
approval of the Secretary, shall revise the Cultural Heritage
and Land Management Plan. The revision shall address the
boundary change and shall include a natural resource inventory
of areas or features that should be protected, restored,
managed, or acquired because of their contribution to the
understanding of national cultural landscape values.
(2) No changes other than minor revisions may be made in
the approved plan as amended without the approval of the
Secretary. The Secretary shall approve or disapprove any
proposed change in the plan, except minor revisions, in
accordance with subsection (b).
termination of commission
[Sec. 7. (a) Termination.--Except as provided in subsection
(b), the Commission shall terminate on the day occurring five
years after the date of the enactment of this Act.
[(b) Extension.--The Commission may be extended for a
period of not more than five years beginning on the day
referred to in subsection (a) if, not later than one hundred
and eighty days before such day--
[(1) the Commission determines such extension is
necessary in order to carry out the purpose of this
Act;
[(2) the Commission submits such proposed extension
to the Committee on Interior and Insular Affairs of the
House of Representatives and to the Committee on Energy
and Natural Resources of the Senate; and
[(3) the Governor of Massachusetts, the Governor of
Rhode Island, and the Secretary each approve such
extension.]
termination of commission
Sec. 7. (a) Termination.--Except as provided in subsection
(b), the Commission shall terminate on the date that is 10
years after the date of enactment of the Blackstone River
Valley National Heritage Corridor Amendments Act of 1995.
(b) Extension.--The Commission may be extended for an
additional term of 10 years if--
(1) not later than 180 days before the termination of
the Commission, the Commission determines that an
extension is necessary to carry out this Act;
(2) the Commission submits a proposed extension to
the appropriate committees of the Senate and the House
of Representatives; and
(3) the Secretary, the Governor of Massachusetts, and
the Governor of Rhode Island each approve the
extension.
(c) Determination of Approval.--The Secretary shall approve
the extension if the Secretary finds that--
(1) the Governor of Massachusetts and the Governor of
Rhode Island provide adequate assurances of continued
tangible contribution and effective policy support
toward achieving the purposes of this Act; and
(2) the Commission is effectively assisting Federal,
State, and local authorities to retain, enhance, and
interpret the distinctive character and nationally
significant resources of the Corridor.
duties of the secretary
Sec. 8. (a) * * *
* * * * * * *
(c) Implementation.--(1) to assist in the implementation of
the Cultural Heritage and Land Management Plan in a manner
consistent with purposes of this Act, the Secretary is
authorized to undertake a limited program of financial
assistance for the purpose of providing funds for the
preservation and restoration of structures on or eligible for
inclusion on the National Register of Historic Places within
the corridor which exhibit national significance or provide a
wide spectrum of historic, recreational, or environmental
education opportunities to the general public.
(2) to be eligible for funds under this section, the
Commission shall submit an application to the Secretary that
includes--
(A) a 10-year development plan including those
resource protection needs and projects critical to
maintaining or interpreting the distinctive character
of the Corridor; and
(B) specific descriptions of annual work programs
that have been assembled, the participating parties,
roles, cost estimates, cost-sharing, or cooperative
agreements necessary to carry out the development plan.
(3) Funds made available pursuant to this subsection shall
not exceed 50 percent of the total cost of the work programs.
(4) In making the funds available, the Secretary shall give
priority to projects that attract greater non-Federal funding
sources.
(5) Any payment made for the purposes of conservation or
restoration of real property or structures shall be subject to
an agreement either--
(A) to convey a conservation or preservation easement
to the Department of Environmental Management or to the
Historic Preservation Commission, as appropriate, of
the State in which the real property or structure is
located; or
(B) that conversion, use, or disposal of the
resources so assisted for purposes contrary to the
purposes of this Act, as determined by the Secretary,
shall result in a right of the United States for
reimbursement of all funds expended upon such resources
or the proportion of the increased value of the
resources attributable to such funds as determined at
the time of such conversion,use, or disposal, whichever
is greater.
(6) The authority to determine that a conversion, use, or
disposal of resources has been carried out contrary to the
purposes of this Act in violation of an agreement entered into
under paragraph (5)(A) shall be solely at the discretion of the
Secretary.
* * * * * * *
authorization of appropriations
Sec. 10. There is authorized to be appropriated annually to
the Commission. [$350,000] $650,000 for each year in which the
Commission is in existence to carry out the purposes of this
Act; except that the Federal contribution to the Commission
shall not exceed 50 percent of the annual operating costs of
the Commission.
[(b) Demonstration Funds.--There are authorized to be
appropriated to carry out the provisions of section 8(c),
$1,000,000 annually for fiscal years 1991, 1992, and 1993, to
remain available until expended.]
(b) Development Funds.--For fiscal years 1996, 1997, and
1998, there is authorized to be appropriated to carry out
section 8(c), $5,000,000 in the aggregate.