[Senate Report 107-179]
[From the U.S. Government Publishing Office]
Calendar No. 447
107th Congress Report
SENATE
2d Session 107-179
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NIAGARA FALLS NATIONAL HERITAGE AREA STUDY ACT
_______
June 26, 2002.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1227]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1227) to authorize the Secretary of the
Interior to conduct a study of the suitability and feasibility
of establishing the Niagara Falls National Heritage Area in the
State of New York, 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 2, lines 3 through 12, amended paragraph (2) to
read as follows:
``(2) Study area.--The term `study area' means lands
in Niagara County, New York, along and in the vicinity
of the Niagara River.''.
2. On page 2, line 13, strike ``RIVER'' and insert
``FALLS''.
3. On page 5, strike lines 1 through 3 and insert the
following:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $300,000 to carry
out this Act.''
PURPOSE
The purpose of S. 1227 is to authorize the Secretary of the
Interior to conduct a study of the suitability and feasibility
of establishing the Niagara Falls National Heritage Area in the
State of New York.
BACKGROUND AND NEED
The Niagara River Corridor includes the internationally
renowned Niagara Falls, the 6-mile long Niagara Gorge, and the
city of Niagara Falls. Besides its scenic gorge geology, the
region includes National Landmarks such as the Niagara
Reservation State Park, a Frederick Law Olmsted-designed
resource which the National Park Service now lists as
threatened/damaged, chiefly due to visual intrusions on the
Canadian side of the river.
The National Park Service conducted a reconnaissance survey
of the Niagara River Corridor between March 19 and 20, 2001,
and the agency is now in the process of preparing a report on
the results of its survey. A July 26, 2001 Draft Report
examined possibilities for National Park Service involvement in
the area.
The Draft Report preliminarily considered three
possibilities for National Park Service involvement in the
region. The first option proposed using existing authorities
while the second considered designating the area as a unit of
the National Park System. Neither option was recommended.
The third option proposed a study of the suitability and
feasibility of establishing a Niagara Falls Heritage Area. Such
a heritage area could lend Park Service assistance to restoring
Olmsted's Niagara Reservation, providing cohesive planning to
the state parks in the area, and helping the city of Niagara
Falls develop pedestrian access to the river and otherwise
rejuvenate itself based on the surrounding natural splendors.
The Draft Report tentatively concluded that ``[s]hould there be
demonstrated local support for a partnership with the National
Park Service in the region, Congress should authorize the
Secretary of the Interior to undertake a National Heritage Area
Feasibility Study.''
LEGISLATIVE HISTORY
S. 1227 was introduced by Senators Schumer and Clinton on
July 24, 2001. The House companion measure, H.R. 2609, was
introduced by Representative John LaFalce on July 24, 2001. The
Subcommittee on National Parks held a hearing on S. 1227 on
July 31, 2001. The Committee on Energy and Natural Resources
considered S. 1227 and adopted amendments to it at its business
meeting on May 15, 2002. The Committee ordered the bill, as
amended, favorably reported at its business meeting on June 5,
2002.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on June 5, 2002, by a voice vote of a
quorum present, recommends that the Senate pass S. 1227, if
amended as described herein.
COMMITTEE AMENDMENTS
During its consideration of S. 1227, Committee on Energy
and Natural Resources recommended three amendments. Amendment
#1 clarifies the definition of the study area of the proposed
heritage area. Amendment #2 makes a conforming change to the
section 3 heading. Finally, amendment #3 is a technical
amendment redesignating the subsection authorizing
appropriations for the study as a free-standing section.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the Act the ``Niagara Falls National
Heritage Area Study Act.''
Section 2 provides definitions.
Section 3 directs the Secretary of the Interior to conduct
a suitability and feasibility study, sets forth requirements
for conducting the study and consultation, and provides that a
report on the findings, conclusions, and recommendations of the
study be submitted to certain committees within 3 fiscal years
from the date on which funds are made available.
Section 4 authorizes $300,000 to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office.
S. 1227--Niagra Falls National Heritage Area Study Act
S. 1227 would direct the Secretary of the Interior to
conduct a study of the feasibility of establishing a Niagra
Falls National Heritage Area in the state of New York. The
study would identify cultural and other resources in the area
and would determine if there is a suitable entity to manage it.
The bill would authorize the appropriation of $300,000 to
conduct the study, and it would require the Secretary to report
on its findings and recommendations within three years of
receiving funds.
Assuming appropriation of the authorized amount, CBO
estimates that implementing S. 1227 would cost the Federal
Government $300,000 over the next three years to complete the
required study and report. The bill would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply.
S. 1227 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Robert A. Sunshine, 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. 1227. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant 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. 1227.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
Subcommittee hearing follows:
Statement of Denis P. Galvin, Deputy Director, Department of the
Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 1227, a bill to authorize the Secretary of
the Interior to conduct a study of the suitability and
feasibility of establishing the Niagara Falls National Heritage
Area in the State of New York. The bill authorizes $300,000 to
carry out this study. The Department supports enactment of this
bill with one recommended amendment.
Although the Department supports enactment of this piece of
legislation, we will not request funding for this study in this
or the next fiscal year, so as to focus available time and
resources on completing previously authorized studies. As of
now, there are 42 authorized studies that are pending, and we
only expect to complete a few of those this year. We caution
that our support of this legislation authorizing a study does
not necessarily mean that the Department will support
designation of this heritage area. The study would be
undertaken with the full involvement of representatives of the
State of New York, the City of Niagara Falls, other communities
along the Niagara River, and interested organizations and
citizens in the region.
At the request of Representative John J. LaFalce and
Senator Charles E. Schumer, representatives of the National
Park Service undertook reconnaissance visits to Niagara Falls
this year and met with state and local officials and
representatives of interested organizations. These preliminary
findings indicate that a national heritage area feasibility
study could be justified.
The Niagara River flows for 35 miles between Lake Erie and
Lake Ontario and includes the rapids, Niagara Falls, and the
Niagara River Gorge. Eight parks operated by the State of New
York are located along the river and within the gorge. The
river forms a boundary between the United States and Canada.
Niagara Falls is an internationally significant natural
resource that attracts between 8 to 10 million visitors a year.
It is one of the most well-known destination attractions in the
United States and Canada. The Niagara River Gorge is an
exceptionally scenic corridor, carved by the movement of the
falls from its original location near Lewiston, New York
(10,000 to 15,000 years ago) to its present location 10 miles
upstream at the City of Niagara Falls. Besides its scenic
values, the gorge has been cited as a world-class location of
fossils from the Upper Ordovician and Silurian periods.
The Niagara River region contains a wide variety of flora
and fauna. Recent inventories completed for the Canadian
Niagara Escarpment Commission identified 1,623 plant species
including unique miniature old growth eastern white cedars. The
commission's fauna inventories also include 50 mammal species,
17 amphibian species, 99 fish species, and 17 species of
reptiles. Bird inventories identify 342 species including 19
separate species of gulls. One-day counts of gull populations
have reached over 100,000 individuals. In recognition of this
critical habitat, the National Audubon Society has designated
the Niagara River as a Globally Important Bird Area.
The region is also rich in cultural resources related to
the history of the United States and Canada. It has significant
associations with Native American habitation and early European
contact, the French and Indian War, the American Revolution,
and the War of 1812. It was also a major link in the
Underground Railroad for African Americans escaping slavery to
enter Canada. The existence of ample water made it an early
site for hydroelectric power, and it remains an important
source to this day.
There is well-known national interest in the resources of
the region. Three National Historic Landmarks have been
designated along the Niagara River. The Adams Power Transformer
House, built in 1895, is the only surviving structure of a
hydroelectric facility that has been called, ``the birthplace
of the modern hydroelectric power station.'' The Niagara
Reservation, which includes the American Falls, was the first
state park in the nation created under eminent domain, and
originally designed by Frederick Law Olmsted. The Colonial
Niagara Historic District, within the communities of Lewiston
and Youngstown, was a key portage route linking interior North
America and the Atlantic seaboard until the late 1700s. It also
contains extant resources associated with Native American
occupation and early European contact. Historic Fort Niagara on
the shore of Lake Ontario is an important component of the
district. Within the City of Niagara Falls and the communities
of Lewiston and Youngstown there are 14 sites listed on the
National Register of Historic Places.
The National Park Service has defined a national heritage
area as a place designated by Congress where natural, cultural,
historic and scenic resources combine to form a cohesive,
nationally distinctive landscape arising from patterns of human
activity shaped by geography. It is not the role of the
National Park Service to manage or regulate a national heritage
area, but to assist the variety of local partners and
landowners who work together to achieve the common goal of
protecting and interpreting important places where people live
and work.
Despite the richness of the natural and cultural resources
in the area, there is widespread belief that the United States
side of the falls has never fully achieved its tremendous
potential for visitors and for the local communities. A
heritage partnership framework has been advocated as a way for
the many important partners in the region to further the
contribution of the Niagara Falls region to the United States
and to the people of New York. We have found considerable
support for this idea. The study would permit us to consider
the opportunity further, and determine if a partnership
framework is the best way to protect natural and cultural
resources in the region.
We would recommend one amendment to the bill to provide
maximum flexibility with regard to the study area. Currently,
Section 2(2) unnecessarily defines the study area as the
segment of the Niagara River in Niagara County, New York that
extends from Niagara Falls to the mouth of the Niagara River at
Lake Ontario. The National Park Service study process provides
for developing a focused study area addressing the full
assemblage of resources relating to the potential heritage area
themes, and including the strongest range of capable and
enthusiastic partners. This approach permits an area to be
focused enough to be manageable, but broad enough to include
the key partners and resources necessary. We recommend that
Section 2(2) be amended to avoid a specific study area boundary
at this time to allow us to focus on all resources specifically
related to the Niagara Falls theme and area.
Mr. Chairman, the Administration supports this bill with
the recommended amendment. It provides an opportunity to
investigate the feasibility of establishing a national heritage
area associated with one of the nation's most important and
best-known natural resources. We look forward to working in
close partnership with the State of New York, the City of
Niagara Falls, and the communities and organizations within the
Niagara Falls region to explore the possibility of national
heritage area designation.
Thank you for the opportunity to comment. This concludes my
prepared remarks. I would be glad to answer any questions that
you or the members of the committee may have.
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 the bill S. 1227, as
ordered reported.