[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  
----------------------------------------------------------------------------------------------------------------
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.