[House Report 105-695]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-695
_______________________________________________________________________


 
                 THOMAS COLE NATIONAL HISTORIC SITE ACT

                                _______
                                

 September 9, 1998.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3109]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3109) to establish the Thomas Cole National Historic Site 
in the State of New York, and for other purposes, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Thomas Cole 
National Historic Site Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
Sec. 4. Establishment of Thomas Cole National Historic Site.
Sec. 5. Retention of ownership and management of historic site by 
Greene County Historical Society.
Sec. 6. Administration of historic site.
Sec. 7. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    As used in this Act:
          (1) The term ``historic site'' means the Thomas Cole National 
        Historic Site established by section 4 of this Act.
          (2) The term ``Hudson River artists'' means artists who were 
        associated with the Hudson River school of landscape painting.
          (3) The term ``plan'' means the general management plan 
        developed pursuant to section 6(d).
          (4) The term ``Secretary'' means the Secretary of the 
        Interior.
          (5) The term ``Society'' means the Greene County Historical 
        Society of Greene County, New York, which owns the Thomas Cole 
        home, studio, and other property comprising the historic site.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
          (1) The Hudson River school of landscape painting was 
        inspired by Thomas Cole and was characterized by a group of 
        19th century landscape artists who recorded and celebrated the 
        landscape and wilderness of America, particularly the Hudson 
        River Valley region in the State of New York.
          (2) Thomas Cole is recognized as America's most prominent 
        landscape and allegorical painter of the mid-19th century.
          (3) Located in Greene County, New York, the Thomas Cole 
        House, also known as Thomas Cole's Cedar Grove, is listed on 
        the National Register of Historic Places and has been 
        designated as a National Historic Landmark.
          (4) Within a 15 mile radius of the Thomas Cole House, an area 
        that forms a key part of the rich cultural and natural heritage 
        of the Hudson River Valley region, significant landscapes and 
        scenes painted by Thomas Cole and other Hudson River artists, 
        such as Frederic Church, survive intact.
          (5) The State of New York has established the Hudson River 
        Valley Greenway to promote the preservation, public use, and 
        enjoyment of the natural and cultural resources of the Hudson 
        River Valley region.
          (6) Establishment of the Thomas Cole National Historic Site 
        will provide opportunities for the illustration and 
        interpretation of cultural themes of the heritage of the United 
        States and unique opportunities for education, public use, and 
        enjoyment.
    (b) Purposes.--The purposes of this Act are--
          (1) to preserve and interpret the home and studio of Thomas 
        Cole for the benefit, inspiration, and education of the people 
        of the United States;
          (2) to help maintain the integrity of the setting in the 
        Hudson River Valley region that inspired artistic expression;
          (3) to coordinate the interpretative, preservation,and 
        recreational efforts of Federal, State, and other entities in 
        the Hudson Valley region in order to enhance opportunities for 
        education, public use, and enjoyment; and
          (4) to broaden understanding of the Hudson River Valley 
        region and its role in American history and culture.

SEC. 4. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC SITE.

    (a) Establishment.--There is established, as an affiliated area of 
the National Park System, the Thomas Cole National Historic Site in the 
State of New York.
    (b) Description.--The historic site shall consist of the home and 
studio of Thomas Cole, comprising approximately 3.4 acres, located at 
218 Spring Street, in the village of Catskill, New York, as general 
depicted on the boundary map numbered TCH/80002, and dated March 1992.

SEC. 5. RETENTION OF OWNERSHIP AND MANAGEMENT OF HISTORIC SITE BY 
                    GREENE COUNTY HISTORICAL SOCIETY.

    The Greene County Historical Society of Green County, New York, 
shall continue to own, manage, and operate the historic site.

SEC. 6. ADMINISTRATION OF HISTORIC SITE.

    (a) Applicability of National Park System Laws.--The historic site 
shall be administered by the Society in a manner consistent with this 
Act and all laws generally applicable to units of the National Park 
System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; 
commonly known as the National Park Service Organic Act), and the Act 
of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the 
Historic Sites, Buildings, and Antiquities Act).
    (b) Cooperative Agreement.--
          (1) Assistance to society.--The Secretary may enter into 
        cooperative agreements with the Society to preserve the Thomas 
        Cole House and other structures in the historic site and to 
        assist with education programs and research and interpretation 
        of the Thomas Cole House and associated landscapes.
          (2) Other assistance.--To further the purposes of this Act, 
        the Secretary may enter into cooperative agreements with the 
        State of New York, the Society, the Thomas Cole Foundation, and 
        other public and private entities to facilitate public 
        understanding and enjoyment of the lives and works of the 
        Hudson River artists through the provision of assistance to 
        develop, present, and fund art exhibits, resident artist 
        programs, and other appropriate activities related to the 
        preservation, interpretation, and use of the historic site.
    (c) Artifacts and Property.--
          (1) Personal property generally.--The Secretary may acquire 
        personal property associated with, and appropriate for, the 
        interpretation of the historic site.
          (2) Works of art.--The Secretary may acquire works of art 
        associated with Thomas Cole and other Hudson River artists for 
        the purpose of display at the historic site.
    (d) General Management Plan.--Within two complete fiscal years 
after the date of the enactment of this Act, a general management plan 
shall be developed for the historic site by the Society, with the 
assistance of the Secretary. Upon the completion of the plan, the 
Secretary shall provide a copy of the plan to the Committee on Energy 
and Natural Resources of the Senate and the Committee on Resources of 
the House of Representatives. The plan shall include recommendations 
for regional wayside exhibits, to be carried out through cooperative 
agreements with the State of New York and other public and private 
entities. The plan shall be prepared in accordance with section 12(b) 
of Public Law 91-383 (16 U.S.C. 1a-1 et. seq.; commonly known as the 
National Park System General Authorities Act).
    Amend the title so as to read:
    A bill to establish the Thomas Cole National Historic Site in the 
State of New York as an affiliated area of the National Park System.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3109 is to establish the Thomas Cole 
National Historic Site in the State of New York.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3109 would establish the Thomas Cole National Historic 
Site in New York. The Thomas Cole House is currently listed on 
the National Register of Historic Places and has been 
designated as a National Historic Landmark. The bill, as 
introduced, establishes the Thomas Cole National Historic Site 
as a unit of the National Park System. H.R. 3109 also 
authorizes the Secretary of the Interior to enter into 
cooperative agreements with both public and private entities 
relating to the preservation, interpretation, and use of the 
Historic Site. A general management plan for the Site will be 
developed by the Greene County Historical Society, with 
assistance from the Secretary, within two fiscal years after 
the date of enactment of this bill.
    The purpose of the proposed Thomas Cole House National 
Historic Site is to preserve, protect, and interpret the 
historic landscape and home of an extremely important American 
artist, Thomas Cole. Thomas Cole (1801-1848) founded the Hudson 
River School of art, an important cultural movement with great 
significance to the beginning of the conservation movement.
    Cole's home and studio are located on 3.4 acres of the 
original 88 acre property, and are largely unchanged since his 
residence there. Within a 15-mile radius of this home there are 
more than 20 sites which were painted by the Hudson River 
School of artists, including 10 sites painted by Cole. Nearby 
museums have many original Hudson River School paintings. 
Together these sites offer an excellent opportunity for 
interpreting the artists' lives and work in conjunction with 
the Hudson River School art movement.
    The Historic Site will consist of 3.4 acres, located at 218 
Spring Street, in the village of Catskill, New York. The bill 
authorizes the Secretary to procure the necessary lands and 
personal property, with appropriated money or donated funds, 
for the establishment of the Site. The management plan for the 
Site shall include, among other things, recommendations for 
regional exhibits to be carried out through cooperative 
agreements with the State of New York and other public and 
private entities.
    During the Full Committee mark-up of H.R. 3109 an amendment 
in the nature of a substitute was adopted which modified the 
introduced bill by authorizing the Thomas Cole Site as an 
affiliated area of the National Park System rather than a unit 
of the National Park System. This allows the current owner of 
the Site, the Greene County Historical Society, to continue to 
own, manage, and operate the Site; however, the Site will be 
administered by the Society in a manner consistent with 
National Park Service laws and regulations.

                            COMMITTEE ACTION

    H.R. 3109 was introduced on January 27, 1998, by 
Congressman Gerald Solomon (R-NY). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On May 12, 
1998, the Subcommittee held a hearing where William Shaddox, 
Acting Associate Director of Professional Services for the 
National Park Service, testified in support of the bill if 
amended. On June 11, 1998, the Subcommittee met to consider 
H.R. 3109. The bill was reported to the Full Committee without 
amendment by voice vote. On July 22, 1998, the Full Resources 
Committee met to consider H.R. 3109. Congressman James V. 
Hansen (R-UT) offered an amendment in the nature of a 
substitute, as described above. The amendment was adopted by 
voice vote. The amended version of H.R. 3109 was ordered 
favorably reported to the House of Representatives by voice 
vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(l) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 3109.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 3109. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
3109 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3109.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3109 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 13, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3109, the Thomas 
Cole National Historic Site Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs), and Lesley Frymier (for the private-
sector impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 3109--Thomas Cole National Historic Site Act

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 3109 would cost the federal 
government between $5 million and $10 million over the next 
five years. H.R. 3109 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    H.R. 3109 would establish as an affiliated area of the 
National Park System the Thomas Cole National Historic Site in 
New York. The site, consisting of about three acres of land on 
which the former home and studio of the artist are located, 
would continue to be owned and operated by the Greene County 
Historical Society. The bill would authorize the National Park 
Service (NPS) to execute cooperative agreements with the 
society, a local nonprofit organization, to preserve the house 
and other on-site structures and to assist with educational 
programs. The NPS may also enter into such agreements with the 
society, the state, the Thomas Cole Foundation, or other groups 
to assist them in developing and funding art exhibits, resident 
artist programs, and other activities. H.R. 3109 also would 
authorize the NPS to acquire art work and other personal 
property associated with the historic site. The bill would 
require the NPS to develop a general management plan for the 
site. Finally, the bill would authorize the appropriation of 
whatever sums are necessary for these purposes.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the NPS would spend about $5 million over the 
next few years to develop an interpretive program for the new 
historic site, restore and improve site structures, perform 
needed research and studies, and, finally, to finance the 
society's general management plan. In addition to this amount, 
and again assuming appropriation of amounts requested for this 
purpose, the agency could purchase art work as authorized by 
the bill. CBO estimates that such acquisitions could cost as 
much as $5 million. Routine operating and maintenance expenses 
of the historic site would remain the responsibility of the 
historical society. The NPS could provide assistance to the 
society for interpretive activities, but we estimate that the 
annual costs of such assistance or assistance under other 
cooperative agreements would not be significant. These 
estimates are based on information provided by the NPS and the 
historical society.H.R. 3109 contains no intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) and 
would have no significant impact on the budgets of state, local, or 
tribal governments.
    The bill would impose new private-sector mandates on the 
Greene County Historical Society. As requested by the society, 
the bill would require the society to administer the historic 
site in a manner consistent with all laws generally applicable 
to units of the NPS and to develop a general management plan 
for the site with the assistance of the Secretary of the 
Interior. Based on information provided by the society and the 
NPS, CBO estimates that the direct costs of complying with 
these private-sector mandates would fall well below the 
statutory threshold established in UMRA ($100 million in 1996, 
adjusted annually for inflation) in any of the first five 
parts, in part because the society already manages the site as 
a historic landmark.
    The CBO staff contacts are Deborah Reis (for federal 
costs), and Lesley Frymier (for the private-sector impact). 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 3109 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 3109 would make no changes in existing 
law.