[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.

                                  
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