[Senate Report 106-89]
[From the U.S. Government Publishing Office]
Calendar No. 171
106th Congress Report
SENATE
1st Session 106-89
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THOMAS COLE NATIONAL HISTORIC SITE DESIGNATION ACT
_______
June 24, 1999.--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. 140]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 140) to establish the Thomas Cole
National Historic Site in the State of New York as an
affiliated area of the National Park System, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
The amendments are as follows:
1. On page 5, line 6, strike the word ``manage,'' and
insert in lieu thereof ``manage, administer,''.
2. On page 5, line 12, strike the words ``by the Society''.
3. On page 6, lines 16 through 24 amend subsection (c) to
read as follows:
``(c) Acquisition of Personal Property.--The Secretary may
acquire personal property associated with, and appropriate for,
the interpretation of the historic site.''.
purpose of the measure
The purpose of S. 140, as ordered reported, is to establish
the Thomas Cole National Historic Site in New York as an
affiliated area of the National Park System.
background and need
The artist Thomas Cole was born in 1801 in Lancashire,
England and immigrated to America in 1818. From 1836 until his
death in 1848, he and his wife, Maria, lived in Catskill, New
York.
Thomas Cole founded the American artist tradition known as
the Hudson River School. He painted landscapes of the American
wilderness as untamed and majestic. In recent years a major
exhibition of his work was held at the National Museum of
American Art. Currently several pieces are on display at the
Corcoran Gallery of Art.
His house ``Cedar Grove'' remained in the family until 1979
when it was obtained by the Thomas Cole Foundation. It was
acquired in 1998 by the Greene County Historical Society, using
a matching grant from New York State's Environmental Protection
Fund.
A 1991 National Park Service study determined that the
Cedar Grove site requires special recognition or technical
assistance beyond what is available through existing NPS
programs and recommenced that the Thomas Cole National Historic
Site be established.
legislative history
S. 140 was introduced by Senators Moynihan and Schumer on
January 19, 1999. The Subcommittee on National Parks, Historic
Preservation and Recreation held a hearing on S. 140 on May 25,
1999.
At its business meeting on June 16, 1999 the Committee on
Energy and Natural Resources ordered S. 140, favorably
reported, as amended.
committee recommendation
The Committee on Energy and Natural Resources, in open
business session on June 16, 1999, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 140, if
amended as described herein.
committee amendment
During its consideration of S. 140, the Committee adopted
three amendments.
The first two amendments make technical, clarifying and
conforming changes. The third amendment eliminates the specific
authority for the Secretary of the Interior to acquire works of
art associated with Thomas Cole and other Hudson River artists
for the purpose of display at the historic site. The amendment
allows the Secretary to acquire personal property associated
with, and appropriate for, the interpretation of the historic
site.
The amendment is explained in detail in the section-by-
section analysis, below.
Section-by-Section Analysis
Section 1 designates the bill's short title as the ``Thomas
Cole National Historic Site Designation Act''.
Section 2 contains Congressional findings and purposes. The
purposes of this legislation are to preserve and interpret the
Thomas Cole house and studio for the benefit, inspiration and
education of the people of the United States; to help maintain
the integrity of the setting in the Hudson River Valley region
that inspired artistic expression; 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 to broaden understanding of the Hudson River
Valley region and its role in the history and culture of the
United States.
Section 3 defines terms used in the bill.
Section 4(a) establishes the Thomas Cole National Historic
Site in the State of New York as an affiliated area of the
National Park System.
Subsection(b) describes the historic site as the house and
studio, comprising approximately 3.4 acres at 218 Spring Street
in the village of Catskill, New York as described on boundary
map TCH/80002 from March 1992.
Section 5 provides that the Greene County Historical
Society (the Society) shall own, manage and operate the
historic site as provided in the cooperative agreement referred
to in Section 6.
Section 6(a) directs that under a cooperative agreement,
the historic site shall be administered in a manner consistent
with this Act and laws generally applicable to units of the
National Park System. Specific mention is made to the National
Park Service Organic Act of August 25, 1916 (16 U.S.C. 1 et
seq.) and the Historic Sites Act of August 21, 1935 (U.S.C. 461
et seq.).
Subsection(b)(1) authorizes the Secretary of the Interior
to enter into cooperative agreements with the Society to
preserve the Thomas Cole House and other structures at the
historic site and to assist with education programs, research
and interpretation of the house and associated landscapes in
the historic site.
Paragraph (2) allows for additional cooperative agreements
with the State of New York, the historical society, the Thomas
Cole Foundation and other public and private entities to
further the purposes of this Act and to develop, present and
fund art exhibits, resident artist programs and other
activities related to the site.
Subsection (c) permits the Secretary of the Interior to
acquire personal property associated with, and appropriate for,
interpretation of the historic site.
Subsection(d)(1) directs the Society, with assistance from
the National Park Service, to develop a general management plan
for the site no later than September 30, 2000.
Paragraph (2) specifies the plan must include
recommendations for regional wayside exhibits, to be developed
through cooperative agreements with the State of New York and
other public and private entities.
Paragraph (3) requires the general management plan to be
prepared in accordance with section 12(b) of Public Law 91-383
(16 U.S.C. 1a-7(b)).
Paragraph (4) requires copies of the plan to be submitted
to the Senate Committee on Energy and Natural Resources and the
Committee on Resources of the House of Representatives.
Section 7 authorizes appropriations necessary to carry out
this Act.
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, June 24, 1999.
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. 140, the Thomas Cole
National Historic Site Designation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 140--Thomas Cole National Historic Site Designation Act
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 140 would cost the federal
government between $5 million and $10 million over the next
five years. S. 140 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
S. 140 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. S. 140 would authorize
the NPS to acquire personal property associated with the
historic site, and would require the historical society (with
NPS assistance) 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 or improve site structures, perform
needed research, acquire personal property such as furnishings,
and finally, to finance the society's general management plan.
In addition to this amount, the agency could purchase other
personal property, such as art work, subject to the
appropriation of amounts requested for this purpose. CBO
estimates that such acquisitions could cost as much as $5
million over several years. 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.
The CBO staff contact is Deborah Reis. This estimate was
approved by Robert A. Sunshine, Deputy 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. 140. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
significant economic responsibilities on private individuals
and businesses.
No person 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
enactment of S. 140, as ordered reported.
Executive Communications
On May 25, 1999, 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 views on S. 140. These reports has not been
received at the time the report on S. 140 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement of Katherine Stevenson, Associate Director for Cultural
Resource Stewardship and Partnerships, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 140, 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.
We support enactment of S. 140 with two minor technical
amendments regarding management of the site.
S. 140 would establish the Thomas Cole National Historic
Site as an affiliated area of the National Park System. The
site would comprise the home and studio of Thomas Cole and the
3.4 acre site on which they stand in Catskill, New York. The
site would be owned, operated and managed by the Greene County
Historic Society. The Secretary of the Interior would be
authorized to enter into cooperative agreements with the
historical society to preserve the site and to assist in the
education and interpretation of the site and associated
landscapes. The Secretary would also be authorized to enter
into cooperative agreements with the State of New York, the
Thomas Cole Foundation, the Greene County Historical Society or
other entities to further the purposes of the Act or for other
activities related to the site. The Secretary is directed to
assist the historical society in the development of a general
management plan for the site and, upon completion of the plan,
to submit it to the appropriate committees in Congress.
Thomas Cole (1801-1848), pioneer interpreter of the
romantic beauty of the American landscape, is considered the
finest landscape painter of his time. He began his artistic
career in Manhattan, but searched outside the city for subjects
to paint. Finding inspiration in the beauty of the Hudson River
Valley, he eventually moved to the two-story brick house in
Catskill. Cole is considered the father of the Hudson River
School of painting, the first great movement in American art.
During his time he was a significant spokesman for Americans'
emerging pride in what was distinctive about their country.
His home and studio remain largely unchanged from the time
when he lived and worked there. Within a 15-mile radius of his
home there are more than 20 sites which were painted by Hudson
River School artists, including ten sites painted by Thomas
Cole. These sites are located on lands protected by New York
State. The Thomas Cole House is a National Historic Landmark
and was formerly owned by the Thomas Cole Foundation. The
property was recently sold to the Greene County Historical
Society. The Society has obtained a sizeable grant from the
State of New York for preservation of the Cole House, and is
committed to rehabilitating it and presenting it to the public
for educational and interpretive purposes in accordance with
the Secretary of the Interior's Standards.
A 1991 National Park Service suitability/feasibility study
concluded: ``The Cole National Historic Landmark and nearby
historic landscapes associated with him, together represent an
outstanding example of places associated with this artist and
possess exceptional value and quality illustrating the cultural
themes of our nation's heritage. They offer opportunities for
public use and enjoyment and with the appropriate
interpretation would enhance related resources of the Hudson
River region in which they are located * * * While the
twentieth century has brought great change to that region, the
site and nearby landscapes retain a high degree of integrity *
* * Together, there is no question that these resources meet
the criteria for national significance.'' The study determined
that the area is nationally significant, suitable, and feasible
for administration as a unit of the National Park System.
In 1993, the National Park System Advisory Board also
affirmed its support for establishment of a Thomas Cole
National Historic Site ``encompassing the Thomas Cole home and
studio as a unit of the National Park System, with provisions
for a partnership with the State, private sector, landowners,
and other interested agencies to operate the site and interpret
the importance of the surrounding landscape to the Hudson River
School of artists.''
Although the special resource study determined that the
site was eligible for designation as a unit of the National
Park System and the National Park System Advisory Board
supported its establishment as a new unit we believe that
designating the site as an affiliated area is appropriate. The
Greene County Historical Society, the site's owner, is a
capable and willing partner committed to the preservation and
interpretation of the site. They are anxious to work with the
National Park Service in developing a general management plan
for the site as well as other ongoing interpretive and
education programs. We believe designating the site as an
affiliated area and authorizing the National Park Service to
work cooperatively with the Greene County Historical Society
and other public and private entities is the best course for
the long-term preservation and interpretation of this important
resource.
Cost estimates in the 1991 suitability/feasibility study
for the National Historic Site were $350,000 per year for
operations and $3 million for development if it were to be
owned and operated by the National Park Service. As an
affiliated area, National Park Service costs would be
significantly reduced and would be limited to support costs.
We would recommend that the committee make two minor
technical corrections to the bill. The first would be on page
5, line 6. The word ``administer,'' should be added after
``manage''. The second amendment would be on page 5, line 12.
Here, the words ``by the Society'' should be struck. Together,
these two amendments clarify that it is the responsibility of
the Greene County Historical Society to administer the
property.
Mr. Chairman, this concludes my prepared remarks. I would
be pleased to respond to any questions you or members of the
Subcommittee may have regarding this bill.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 140, as ordered
reported.