[House Report 106-138]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-138

======================================================================



 
                 THOMAS COLE NATIONAL HISTORIC SITE ACT

                                _______
                                

  May 13, 1999.--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. 658]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 658) to establish the Thomas Cole National Historic Site 
in the State of New York as an affiliated area of the National 
Park System, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is 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 in 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 interpretive, 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 generally 
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 Greene County, New York, 
shall continue to own, administer, 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 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 Agreements.--
          (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.--The Secretary may acquire personal 
property associated with, and appropriate for, the interpretation of 
the historic site.
  (d) General Management Plan.--Within two complete fiscal years after 
the date of the enactment of this Act, the Secretary shall develop a 
general management plan for the historic site with the cooperation of 
the Society. 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).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                          purpose of the bill

    The purpose of H.R. 658 is to establish the Thomas Cole 
National Historic Site in the State of New York as an 
affiliated area of the National Park System.

                  background and need for legislation

    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.
    The proposed historic site includes the home and studio of 
Thomas Cole and is located on 3.4 acres of the original 88-acre 
property in the village of Catskill, New York. They 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 School 
paintings. Together these sites offer an excellent opportunity 
for interpreting the artists' lives and work in conjunction 
with the Hudson River movement.
    H.R. 658 authorizes the Secretary of the Interior to 
establish the Thomas Cole Site as an affiliated area of the 
National Park Service. The Greene County Historical Society 
shall continue to own, manage, and operate the historic site 
and will administer the site consistent with the laws 
applicable to the National Park System. The Historical Society, 
with assistance from the Secretary, also will develop a 
management plan within two fiscal years of enactment.
    The Committee makes a note regarding H.R. 658. Although 
this bill authorizes the Secretary of the Interior to acquire 
personal property associated with and appropriate for this 
historic site, the Committee emphasizes that no federal 
appropriation made under Section 7 of this Act is to be used 
for the purchase of paintings or other artwork.

                            COMMITTEE ACTION

    H.R. 658 was introduced on February 9, 1999, by Congressman 
John Sweeney (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 March 18, 1999, the 
Subcommittee met to mark up the bill where Congressman James V. 
Hansen (R-UT) offered a minor amendment which was adopted by 
voice vote. The bill was then ordered favorably reported to the 
Full Committee by voice vote. On April 28, 1999, the Full 
Resources Committee met to consider the bill. No further 
amendments were offered and the bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation.--Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings.--Under clause 
3(c)(4) of rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 6, 1999.
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. 658, 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 Keith Mattrick (for the private-
sector impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 568--Thomas Cole National Historic Site Act

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 658 would cost the federal 
government about $5 million over the next five years. H.R. 658 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
    H.R. 658 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. 658 would authorize 
the NPS to acquire personal property (other than art work) 
associated with the historic site, and 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, acquire personal property, and 
finally, to prepare the general management plan. 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. This estimate is based on information 
provided by the NPS and the historical society.
    H.R. 658 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.
    H.R. 658 would impose a new private-sector mandate on the 
Greene County Historical Society. The bill would require the 
society to administer the Thomas Cole National Historic Site in 
a manner consistent with laws that apply to components of the 
National Park System. Based on information provided by the 
society and the National Park Service, CBO estimates that the 
direct costs of complying with this new mandate would fall well 
below the threshold for private-sector mandates ($100 million, 
adjusted annually for inflation) established in UMRA, in part 
because the society already manages the site as a historic 
landmark.
    The CBO staff contacts are Deborah Reis (for federal costs) 
and Keith Mattrick (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

    This bill contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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