[House Report 110-219]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-219

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



 
                NIAGARA FALLS NATIONAL HERITAGE AREA ACT

                                _______
                                

 July 10, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 713]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 713) to establish the Niagara Falls National 
Heritage Area in the State of New York, and for other purposes, 
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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Niagara Falls National Heritage Area 
Act''.

SEC. 2. FINDINGS.

  Congress finds that--
          (1) Niagara Falls and the Niagara River Gorge are natural 
        phenomena that are--
                  (A) overwhelming in physical magnitude; and
                  (B) deeply embedded in the popular consciousness;
          (2) the Niagara River Gorge is an exceptionally scenic 
        corridor carved by the movement of Niagara Falls due to erosion 
        from the original location of Niagara Falls near Lewiston, New 
        York, a process that began more than 10,000 years ago;
          (3) Niagara Falls has been a leading international tourist 
        attraction for 200 years, influencing the development of 
        tourism and nature conservation in North America;
          (4) in approximately 1895, Niagara Falls became the foremost 
        source of hydroelectric power in North America, stimulating the 
        development of innovative heavy industries in Niagara Falls and 
        Buffalo, New York;
          (5) the 3 National Historic Landmarks along or near the 
        Niagara River are--
                  (A) the Adams Power Transformer House, in Niagara 
                Falls, which is the birthplace of the modern 
                hydroelectric power station;
                  (B) the Niagara Reservation, designed by landscape 
                architect Frederick Law Olmsted, which is considered to 
                be the oldest State park in the United States; and
                  (C) the Colonial Niagara Historic District, in 
                Lewiston and Youngstown, New York, which includes Old 
                Fort Niagara;
          (6) the Niagara River area, a boundary between the United 
        States and Canada--
                  (A) has played an important role in Indian culture, 
                the French and English colonial struggle to control 
                North America, the American Revolution, the War of 
                1812, and the Underground Railroad; and
                  (B) reflects national differences and similarities 
                between the United States and Canada; and
          (7) although concentrated primarily along the Niagara River 
        in Niagara County, New York, there are also important 
        thematically related sites located throughout Niagara and Erie 
        Counties, New York, that support and reinforce the important 
        stories and heritage of the Niagara region.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Commission.--The term ``Commission'' means the Niagara 
        Falls National Heritage Area Commission established by section 
        5(a).
          (2) Governor.--The term ``Governor'' means the Governor of 
        the State of New York.
          (3) Heritage area.--The term ``Heritage Area'' means the 
        Niagara Falls National Heritage Area established by section 
        4(a).
          (4) Local coordinating entity.--The term ``local coordinating 
        entity'' means the local coordinating entity for the Heritage 
        Area designated by section 4(d)(1).
          (5) Management plan.--The term ``management plan'' means the 
        management plan for the Heritage Area developed under section 
        6.
          (6) Map.--The term ``map'' means the map entitled ``Niagara 
        Falls National Heritage Area'', numbered P76/80,000, and dated 
        July 2006.
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (8) State.--The term ``State'' means the State of New York.

SEC. 4. NIAGARA FALLS NATIONAL HERITAGE AREA.

  (a) Establishment.--There is established in the State the Niagara 
Falls National Heritage Area.
  (b) Boundaries.--The Heritage Area shall consist of--
          (1) the area from the western boundary of the town of 
        Wheatfield, New York, extending to the mouth of the Niagara 
        River on Lake Ontario, as depicted on the map, including--
                  (A) the city of Niagara Falls, New York;
                  (B) the villages of Youngstown and Lewiston, New 
                York; and
                  (C) land and water within the boundaries of the 
                Heritage Area in Niagara County, New York; and
          (2) any additional thematically related sites within Erie and 
        Niagara Counties, New York, that are identified in the 
        management plan under section 6(b)(6).
  (c) Availability of Map.--The map shall be on file and available for 
public inspection in the appropriate offices of the National Park 
Service.
  (d) Local Coordinating Entity.--
          (1) Designation.--The local coordinating entity for the 
        Heritage Area shall be--
                  (A) for the 5-year period beginning on the date of 
                enactment of this Act, the Commission; and
                  (B) on expiration of the 5-year period described in 
                subparagraph (A), a private nonprofit or governmental 
                organization designated by the Commission.
          (2) Authorities.--For purposes of implementing the management 
        plan, the local coordinating entity designated under paragraph 
        (1)(B) may use funds made available under this Act, subject to 
        the prior approval of the Secretary, to--
                  (A) make grants to, and enter into cooperative 
                agreements with, the State (including a political 
                subdivision of the State), nonprofit organizations, or 
                any person;
                  (B) hire and compensate staff; and
                  (C) enter into contracts for goods and services.
          (3) Duties.--Beginning on the date described in paragraph 
        (1)(B), the local coordinating entity designated by the 
        Commission under paragraph (1)(B) shall assume the duties of 
        the Commission described in section 5(h), other than the duties 
        described in paragraphs (1) and (8) of section 5(h).

SEC. 5. NIAGARA FALLS NATIONAL HERITAGE AREA COMMISSION.

  (a) Establishment.--There is established within the Department of the 
Interior the Niagara Falls National Heritage Area Commission.
  (b) Membership.--The Commission shall be composed of 17 members, of 
whom--
          (1) 1 member shall be the Director of the National Park 
        Service (or a designee);
          (2) 5 members shall be appointed by the Secretary, after 
        consideration of the recommendation of the Governor, from among 
        individuals with knowledge and experience of--
                  (A) the New York State Office of Parks, Recreation 
                and Historic Preservation, the Niagara River Greenway 
                Commission, the New York Power Authority, the USA 
                Niagara Development Corporation, and the Niagara 
                Tourism and Convention Corporation; or
                  (B) any successors of the agencies described in 
                subparagraph (A);
          (3) 1 member shall be appointed by the Secretary, after 
        consideration of the recommendation of the mayor of Niagara 
        Falls, New York;
          (4) 1 member shall be appointed by the Secretary, after 
        consideration of the recommendation of the mayor of the village 
        of Youngstown, New York;
          (5) 1 member shall be appointed by the Secretary, after 
        consideration of the recommendation of the mayor of the village 
        of Lewiston, New York;
          (6) 1 member shall be appointed by the Secretary, after 
        consideration of the recommendation of the Tuscarora Nation;
          (7) 1 member shall be appointed by the Secretary, after 
        consideration of the recommendation of the Seneca Nation of 
        Indians; and
          (8) 6 members shall be individuals that have an interest in, 
        support for, and expertise appropriate to tourism, regional 
        planning, history and historic preservation, cultural or 
        natural resource management, conservation, recreation, and 
        education, or museum services, of whom--
                  (A) 4 members shall be appointed by the Secretary, 
                after consideration of the recommendation of the 2 
                members of the Senate from the State; and
                  (B) 2 members shall be appointed by the Secretary, 
                after consideration of the recommendation of the member 
                of the House of Representatives whose district 
                encompasses the Heritage Area.
  (c) Terms; Vacancies.--
          (1) Term.--A member of the Commission shall be appointed for 
        a term not to exceed 5 years.
          (2) Vacancies.--
                  (A) Partial term.--A member appointed to fill a 
                vacancy on the Commission shall serve for the remainder 
                of the term for which the predecessor of the member was 
                appointed.
                  (B) In general.--A vacancy on the Commission shall be 
                filled in the same manner as the original appointment 
                was made.
  (d) Chairperson and Vice Chairperson.--
          (1) Selection.--The Commission shall select a Chairperson and 
        Vice Chairperson from among the members of the Commission.
          (2) Vice chairperson.--The Vice Chairperson shall serve as 
        the Chairperson in the absence of the Chairperson.
  (e) Quorum.--
          (1) In general.--A majority of the members of the Commission 
        shall constitute a quorum.
          (2) Transaction.--For the transaction of any business or the 
        exercise of any power of the Commission, the Commission shall 
        have the power to act by a majority vote of the members present 
        at any meeting at which a quorum is in attendance.
  (f) Meetings.--
          (1) In general.--The Commission shall meet at least quarterly 
        at the call of--
                  (A) the Chairperson; or
                  (B) a majority of the members of the Commission.
          (2) Notice.--Notice of Commission meetings and agendas for 
        the meetings shall be published in local newspapers that are 
        distributed throughout the Heritage Area.
          (3) Applicable law.--Meetings of the Commission shall be 
        subject to section 552b of title 5, United States Code.
  (g) Powers of the Commission.--To the extent that Federal funds are 
appropriated, the Commission may--
          (1) enter into contracts and execute any instruments 
        necessary or appropriate to carry out the purposes for which 
        the Commission is established, including the authority to 
        procure temporary and intermittent services and administrative 
        facilities at rates determined to be reasonable by the 
        Commission to carry out the duties of the Commission;
          (2) appoint and fix the compensation of any staff that may be 
        necessary to carry out the duties of the Commission;
          (3) request and accept from the head of any Federal agency, 
        on a reimbursable or nonreimbursable basis, any personnel of 
        the Federal agency to the Commission to assist in carrying out 
        the duties of the Commission;
          (4) request and accept from the head of any State agency or 
        any agency of a political subdivision of the State, on a 
        reimbursable or nonreimbursable basis, any personnel of the 
        agency to the Commission to assist in carrying out the duties 
        of the Commission;
          (5) make grants to assist in the development and 
        implementation of the management plan;
          (6) negotiate and enter into any cooperative agreement, 
        lease, contract, or other arrangement with any person, firm, 
        association, organization, corporation, or governmental entity, 
        including Federal, State, tribal, and local government 
        entities, that is necessary to carry out the activities of the 
        Commission;
          (7) seek, accept, and dispose of gifts, bequests, grants, or 
        donations of money, personal property, or services;
          (8) assist in--
                  (A) developing educational, informational, and 
                interpretive programs and facilities; and
                  (B) any other activities that may promote the 
                implementation of the management plan;
          (9) use the United States mails in the same manner as other 
        agencies of the Federal Government;
          (10) establish any advisory groups that the Commission 
        determines to be necessary; and
          (11) adopt, amend, and enforce bylaws and rules governing the 
        manner in which--
                  (A) the business of the Commission may be conducted; 
                and
                  (B) the powers vested in the Commission may be 
                exercised.
  (h) Duties of the Commission.--To further the purposes of the 
Heritage Area, the Commission shall--
          (1) in accordance with section 6, develop and submit to the 
        Secretary for approval a management plan;
          (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in implementing the 
        management plan by--
                  (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values within the Heritage Area;
                  (B) establishing and maintaining interpretive 
                exhibits and programs within the Heritage Area;
                  (C) developing recreational and educational 
                opportunities in the Heritage Area;
                  (D) increasing public awareness of, and appreciation 
                for, natural, historic, scenic, and cultural resources 
                of the Heritage Area;
                  (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                the themes of the Heritage Area;
                  (F) ensuring that clear, consistent, and appropriate 
                signs identifying points of public access and sites of 
                interest are posted throughout the Heritage Area; and
                  (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the purposes of the Heritage Area;
          (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the Heritage Area 
        in the development and implementation of the management plan;
          (4) conduct meetings open to the public regarding the 
        development and implementation of the management plan;
          (5) coordinate projects, activities, and programs with the 
        Erie Canalway National Heritage Corridor;
          (6) for any fiscal year for which Federal funds have been 
        received by the Commission under this Act--
                  (A) submit an annual report to the Secretary that 
                describes--
                          (i) the specific performance goals and 
                        accomplishments of the local coordinating 
                        entity;
                          (ii) the expenses and income of the local 
                        coordinating entity;
                          (iii) the amounts and sources of matching 
                        funds;
                          (iv) the amounts leveraged with Federal funds 
                        and the sources of the leveraging; and
                          (v) any grants made to any other entities 
                        during the fiscal year; and
                  (B) make available to the Secretary for audit any 
                records containing information relating to the 
                expenditure of Federal funds and any matching funds;
          (7) encourage, by appropriate means and consistent with the 
        purposes of the Heritage Area, the economic viability of the 
        Heritage Area; and
          (8) assist in the transition of the management of the 
        Heritage Area from the Commission to the local coordinating 
        entity designated under section 4(d)(1)(B).
  (i) Compensation of Members.--
          (1) In general.--A member of the Commission shall serve 
        without compensation.
          (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
  (j) Gifts.--For purposes of section 170(c) of the Internal Revenue 
Code of 1986, any gift or charitable contribution to the Commission 
shall be considered to be a charitable contribution or gift to the 
United States.
  (k) Use of Federal Funds.--Except as provided for the leasing of 
administrative facilities under subsection (g)(1), the Commission may 
not use Federal funds made available to the Commission under this Act 
to acquire any real property or interest in real property.

SEC. 6. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 years after the date on which funds 
are first made available to carry out this Act, the Commission shall 
submit to the Secretary for approval a management plan for the Heritage 
Area.
  (b) Requirements.--The management plan shall--
          (1) include comprehensive policies, strategies, and 
        recommendations for conservation, funding, managing, and 
        developing the Heritage Area;
          (2) take into consideration existing State, county, and local 
        plans;
          (3) include a description of actions that governments, 
        private organizations, and individuals have agreed to take to 
        protect the natural, historic, and cultural resources of the 
        Heritage Area;
          (4) identify any existing and potential sources of funding or 
        economic development strategies to protect, manage, and develop 
        the Heritage Area;
          (5) include an inventory of the natural, historic, scenic, 
        cultural, educational, and recreational resources of the 
        Heritage Area relating to the themes of the Heritage Area that 
        should be preserved, restored, managed, developed, or 
        maintained;
          (6) establish criteria and identify thematically related 
        sites in Niagara and Erie Counties, New York, that--
                  (A) may participate in the Heritage Area; and
                  (B) shall be included in the boundary of the Heritage 
                Area;
          (7) include recommended policies and strategies for resource 
        management that consider the application of appropriate land 
        and water management techniques, including the development of 
        intergovernmental and interagency cooperative agreements to 
        protect the natural, historic, scenic, cultural, educational, 
        and recreational resources of the Heritage Area;
          (8) describe a program of implementation for the management 
        plan, including a description of--
                  (A) performance goals;
                  (B) plans for resource protection, restoration, 
                interpretation, enhancement, management, and 
                development; and
                  (C) any specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                government, organization, or individual;
          (9) include an analysis of, and recommendations for ways in 
        which, Federal, State, tribal, and local programs would best be 
        coordinated to further the purposes of this Act, including an 
        analysis of the role of the National Park Service in the 
        Heritage Area;
          (10) include an interpretive plan for the Heritage Area;
          (11) include a business plan that--
                  (A) describes the role, operation, financing, and 
                functions of--
                          (i) the local coordinating entity; and
                          (ii) each of the major activities addressed 
                        in the management plan; and
                  (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan; and
          (12) includes provisions for--
                  (A) the designation under section 4(d)(1)(B) of a 
                nonprofit or governmental organization as the local 
                coordinating entity to administer the Heritage Area 
                consistent with the management plan; and
                  (B) the transition of the management of the Heritage 
                Area from the Commission to the organization designated 
                as the local coordinating entity at the end of the 5-
                year period specified in section 4(d)(1)(A).
  (c) Termination of Funding.--If the Commission does not submit the 
management plan to the Secretary by the date that is 3 years after the 
date on which funds are first made available to carry out this Act, the 
local coordinating entity shall be ineligible to receive additional 
funding under this Act until the date on which the management plan is 
submitted to and approved by the Secretary.
  (d) Approval and Disapproval of Management Plan.--
          (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary shall approve or disapprove the management plan.
          (2) Considerations.--In determining whether to approve or 
        disapprove the management plan under paragraph (1), the 
        Secretary shall consider whether--
                  (A) the organization proposed to succeed the 
                Commission as the local coordinating entity would be 
                representative of the diverse interests of the Heritage 
                Area, including governments, natural and historic 
                resource protection organizations, educational 
                institutions, businesses, and recreational 
                organizations;
                  (B) the local coordinating entity has afforded 
                adequate opportunity for public and governmental 
                involvement, including public meetings, in the 
                preparation of the management plan;
                  (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historic, and cultural resources of the Heritage Area;
                  (D) the Secretary has received adequate assurances 
                from the appropriate State, tribal, and local officials 
                whose support is needed to ensure the effective 
                implementation of the State, tribal, and local aspects 
                of the management plan; and
                  (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the plan.
          (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                  (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval;
                  (B) make recommendations for revisions to the 
                management plan; and
                  (C) not later than 180 days after the receipt of any 
                proposed revision of the management plan, approve or 
                disapprove the proposed revision.
  (e) Amendments.--
          (1) In general.--The Secretary shall review and approve any 
        substantial amendments to the management plan in accordance 
        with subsection (d).
          (2) Use of funds.--Funds made available under this Act shall 
        not be expended by the local coordinating entity to implement 
        any changes made by an amendment described in paragraph (1) 
        until the Secretary approves the amendment.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

  (a) Technical and Financial Assistance.--
          (1) In general.--On request of the local coordinating entity, 
        the Secretary may provide technical and financial assistance, 
        on a reimbursable or nonreimbursable basis, to the Heritage 
        Area for the development and implementation of the management 
        plan.
          (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the local coordinating entity and 
        other public or private entities to provide assistance under 
        paragraph (1).
          (3) Priority for assistance.--In providing assistance under 
        paragraph (1), the Secretary shall give priority to actions 
        that assist in--
                  (A) conserving the significant natural, historic, 
                scenic, and cultural resources of the Heritage Area; 
                and
                  (B) providing educational, interpretive, and 
                recreational opportunities, consistent with the 
                purposes of the Heritage Area.
  (b) Detail of Department of the Interior Employees.--
          (1) In general.--On request of the Commission, the Secretary 
        may detail to the Commission for each fiscal year in which the 
        Commission is in existence, on a nonreimbursable basis, 2 
        employees of the Department of the Interior to enable the 
        Commission to carry out the duties of the Commission.
          (2) Civil service status.--The detail of an employee under 
        paragraph (1) shall be without interruption or loss of civil 
        service status or privilege.
  (c) Evaluation.--
          (1) In general.--Not later than 3 years before the date on 
        which authority for Federal funding terminates for the Heritage 
        Area, the Secretary shall conduct an evaluation of the 
        accomplishments of the Heritage Area and prepare a report with 
        recommendations for the National Park Service's future role, if 
        any, with respect to the Heritage Area.
          (2) Evaluation components.--An evaluation prepared under 
        paragraph (1) shall--
                  (A) assess the progress of the local coordinating 
                entity with respect to--
                          (i) accomplishing the purposes of the 
                        authorizing legislation for the Heritage Area; 
                        and
                          (ii) achieving the goals and objectives of 
                        the approved management plan for the Heritage 
                        Area;
                  (B) analyze the Federal, State, local, and private 
                investments in the Heritage Area to determine the 
                leverage and impact of the investments; and
                  (C) review the management structure, partnership 
                relationships, and funding of the Heritage Area for 
                purposes of identifying the critical components for 
                sustainability of the Heritage Area.
          (3) Recommendations.--Based upon the evaluation under 
        paragraph (1), the Secretary shall prepare a report with 
        recommendations for the National Park Service's future role, if 
        any, with respect to the Heritage Area. If the report 
        recommends that Federal funding for the Heritage Area be 
        reauthorized, the report shall include an analysis of--
                  (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                  (B) the appropriate time period necessary to achieve 
                the recommended reduction or elimination.
          (4) Submission to congress.--On completion of a report under 
        this subsection, the Secretary shall submit the report to--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

  (a) In General.--This Act shall not affect the authority of any 
Federal official to provide technical or financial assistance under any 
other law.
  (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct an activity that may have an impact on the Heritage 
Area shall, to the maximum extent practicable--
          (1) consult with the Secretary and the local coordinating 
        entity regarding the activity; and
          (2) coordinate the activity with the Secretary and the local 
        coordinating entity.
  (c) Effect on Other Federal Agencies.--Nothing in this Act--
          (1) modifies, alters, or amends any law (including a 
        regulation) authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;
          (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
          (3) modifies, alters, or amends any authorized use of Federal 
        land under the jurisdiction of a Federal agency.

SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

  Nothing in this Act--
          (1) abridges the rights of any property owner (whether public 
        or private), including the right to refrain from participating 
        in any plan, project, program, or activity conducted within the 
        Heritage Area;
          (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
          (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, or local agency, or conveys any land use or other 
        regulatory authority to any local coordinating entity;
          (4) authorizes or implies the reservation or appropriation of 
        water or water rights;
          (5) diminishes the authority of the State to manage fish and 
        wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
          (6) creates any liability, or affects any liability under any 
        other law, of any private property owner with respect to any 
        person injured on the private property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to carry out 
this Act $10,000,000, of which not more than $1,000,000 may be 
appropriated for any fiscal year.
  (b) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using any assistance made available under this Act 
shall be not more than 50 percent.

SEC. 11. TERMINATION OF AUTHORITY.

  The authority of the Secretary to provide financial assistance under 
this Act terminates on the date that is 15 years after the date of 
enactment of this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 713 is to establish the Niagara Falls 
National Heritage Area in the State of New York.

                  BACKGROUND AND NEED FOR LEGISLATION

    National Heritage Areas (NHA) are locally-driven projects 
which conserve and interpret historic and cultural resources 
through coordinated efforts by federal, state and local 
governmental entities and private parties. The Department of 
the Interior, acting through the National Park Service, 
provides limited matching funds and technical assistance to a 
designated local entity responsible for coordinating management 
of the area. Heritage areas require Congressional authorization 
and must have completed a study, acceptable to the Secretary of 
Interior, supporting designation. Congress has approved 37 
national heritage areas in 27 states.
    In 2002, Congress passed the Niagara Falls National 
Heritage Area Study Act (P.L. 107-256) directing the Secretary 
to study the feasibility of establishing a Niagara Falls NHA. 
The National Park Service began work on the study in May 2003, 
interviewing local stakeholders, state agencies, local 
communities, historians, and tourism and business interests 
along the Niagara corridor. The Niagara Falls National Heritage 
Area Study report, published in November 2005, found that the 
Niagara region met the necessary criteria. The majority of 
public comments in response to the study expressed support for 
the proposed NHA. The National Park Service formally 
recommended establishment of a Niagara Falls NHA on May 26, 
2006. H.R. 713 would implement that recommendation.
    The Niagara Falls National Heritage Area would stretch from 
the western boundary of the town of Wheatfield, NY to the mouth 
of the Niagara River, and from the river to Lake Ontario. It 
would include the city of Niagara Falls and the villages of 
Youngstown and Lewiston.
    The unique geologic resources, including misting from the 
falls and the native limestone, nourish one of the greatest 
collections of rare plants and animals in New York, including 
both state and federally listed species. The area has 
significant historical associations with Native Americans, 
early European exploration, the French and Indian War, the 
American Revolution, the War of 1812, the Underground Railroad 
and the development of hydroelectricity.
    The proposed area encompasses three national historic 
landmarks; 23 sites and districts on the National Register of 
Historic Places, plus another 52 in nearby Buffalo; 14 state 
parks, including one designed by Frederick Law Olmsted and 
numerous existing and proposed trails and greenways.

                            COMMITTEE ACTION

    H.R. 713 was introduced on January 29, 2007, by 
Representative Louise Slaughter (D-NY). The bill was referred 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on National Parks, Forests and Public 
Lands. On March 15, 2007, the Subcommittee held a hearing on 
the bill. On May 2, 2007, the Subcommittee was discharged from 
further consideration of the bill and the full Natural 
Resources Committee met to consider the measure.
    National Parks, Forests and Public Lands Subcommittee 
Chairman Raul Grijalva (D-AZ) offered an amendment in the 
nature of a substitute to make technical and conforming changes 
to the bill as introduced.
    Representative Rob Bishop (R-UT) offered an amendment to 
the Grijalva substitute designated ``Bishop #4,'' requiring 
individualized, written notice to land owners within the 
heritage area and removal of any private property from the 
boundary upon written request. The amendment was not adopted by 
a rollcall vote of 9 yeas to 18 nays as follows:



    Representative Bishop offered a further amendment to the 
Grijalva substitute designated ``Bishop #6,'' prohibiting 
funding for ``tribal or governmental gaming activities.'' The 
amendment was not adopted by a rollcall vote of 9 yeas to 18 
nays as follows:



    Representative Jeff Flake (R-AZ) offered an amendment to 
the Grijalva substitute designated ``Flake.042'' delaying the 
effective date of H.R. 713 until the Secretary of Interior 
certifies to Congress that all backlogged maintenance in the 
National Park System in New York State has been eliminated. The 
amendment was not adopted by a vote of 9 yeas and 18 nays as 
follows:



    Representative Flake offered a further amendment to the 
Grijalva substitute designated ``Flake #7,'' which was ruled 
non-germane.
    Representative Flake offered a further amendment to the 
Grijalva substitute designated ``Flake #1,'' prohibiting funds 
for ``lobbying'' federal, state or local officials. The 
amendment was not adopted by a vote of 10 yeas and 16 nays as 
follows:



    The Grijalva substitute was then adopted by voice vote. The 
bill, as amended, was ordered favorably reported to the House 
of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 entitles the bill the ``Niagara Falls National 
Heritage Area Act.''

Section 2. Findings

    Section 2 includes findings regarding the area to be 
included in the national heritage area.

Section 3. Definitions

    Section 3 contains definitions for several key terms in the 
legislation.

Section 4. Niagara Falls National Heritage Area

    Section 4(a) establishes the new national heritage area. 
Section 4(b) delineates the official boundaries of the area and 
Section 4(c) requires that the official map of the area be on 
file in the appropriate National Park Service offices.
    Section 4(d)(1)(A) designates the Niagara Falls National 
Heritage Area Commission as the management entity for the area 
for the first five years after enactment of H.R. 713. Section 
4(d)(1)(B) requires that, after the initial five-year period, 
management of the area be transferred to a private, non-profit 
organization designated by the Commission.
    Section 4(d)(2) outlines the authorities of the management 
entity, once it takes over. These include making grants for 
specified purposes and assuming all duties originally assigned 
to the Commission.

Section 5. Niagara Falls National Heritage Area Commission

    Section 5(a) establishes the Commission and Sections 5(b) 
through 5(f) govern technical aspects of the Commission's make-
up and functions. Section 5(g) lists the Commission's powers, 
including entering into contracts and cooperative agreements 
under certain terms, compensating staff, making grants and 
seeking and accepting gifts.
    Section 5(h) enumerates the duties of the Commission. These 
include development and submission to the Secretary of the 
management plan for the heritage area as well as coordination 
of management responsibilities. This subsection also requires 
the Commission to assist in the transition to the local 
coordinating entity which will succeed the Commission.
    Section 5(i) stipulates that Commission members will serve 
without compensation but may be reimbursed for official travel 
expenses. Section 5(j) specifies that any gift to the 
Commission shall be considered to be a charitable contribution 
to the United States.
    Section 5(k) prohibits the use of federal funds by the 
Commission to acquire real property, other than for leasing 
administrative facilities.

Section 6. Management plan

    Section 6(a) requires the Commission to submit a proposed 
management plan to the Secretary three years after the date 
funds are first made available to carry out H.R. 713. Section 
6(b) lists the necessary components of the management plan 
while the remainder of Section 6 governs the process for 
approval and amendment of the plan.

Section 7. Duties and authorities of the Secretary

    Section 7(a) allows the Secretary to provide technical and 
financial assistance while Section 7(b) allows Department of 
the Interior employees to be detailed to the heritage area.
    Section 7(c) requires the Secretary to conduct an 
evaluation of the heritage area three years before the date on 
which federal funding is terminated. The study is to evaluate 
the area's progress with respect to accomplishing its stated 
goals and purposes, analyze federal, state and local 
investments in the area and review the management structure and 
any partnerships involving the area. The Secretary is required 
to make recommendations to Congress regarding the National Park 
Service's future role in the area, if any, based on the results 
of the evaluation.

Section 8. Relationship to other federal agencies

    Section 8(a) makes clear that nothing in this act effects 
the authority of any other federal agency to provide technical 
or financial assistance under existing law. Sections 8(b) and 
(c) govern coordination between federal agencies of actions 
affecting the heritage area.

Section 9. Private property and regulatory protections

    Section 9 makes clear that nothing in H.R. 713 has any 
impact on private property rights or on any existing federal, 
state or local regulatory authority.

Section 10. Authorization of appropriations

    Section 10 authorizes $10 million for the purposes of this 
act, not more than $1 million of which may be appropriated in 
any one fiscal year. The federal share of any cost for any 
activity carried out under this act may not exceed fifty 
percent.

Section 11. Termination of authority

    Section 11 specifies that the Secretary's authority to 
provide financial assistance for the area terminates 15 years 
after the date of enactment of H.R. 713.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants 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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Niagara Falls 
National Heritage Area.
    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:

H.R. 713--Niagara Falls National Heritage Area Act

    Summary: H.R. 713 would establish the Niagara Falls 
National Heritage Area (NHA) in the state of New York. The bill 
would create a 17-member commission to serve as the first local 
coordinating entity for the proposed NHA. The commission would 
be responsible for developing a management plan for the NHA and 
to assist local governments and nonprofit agencies in 
implementing the plan.
    The legislation would authorize the appropriation of $10 
million, not to exceed $1 million annually, for financial 
assistance to the commission or other eligible entities over 
the next 15 years. CBO estimates that implementing H.R. 713 
would cost $5 million over the 2008-2012 period, with 
additional amounts spent after 2012. Enacting H.R. 713 would 
have no effect on direct spending or revenues.
    H.R. 713 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary impact of H.R. 713 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2008      2009      2010      2011      2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.................................         1         1         1         1         1
Estimated Outlays.............................................         1         1         1         1         1
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: Assuming appropriation of the authorized 
amounts, CBO estimates that implementing H.R. 713 would cost $5 
million over the 2008-2012 period and $10 million over the 
following five to 10 years. Such amounts would be used to cover 
a portion of the costs of planning, establishing, operating, 
and interpreting the heritage area.
    Intergovernmental and private-sector impact: H.R. 713 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on state, local, and tribal governments: Marjorie Miller; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 713 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

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

                      DISSENTING VIEWS ON H.R. 713

    We oppose H.R. 713 in its current form and are dismayed by 
the rush to consider this legislation out of regular order. 
While this bill had a hearing on March 15, 2007, it was 
subsequently withdrawn from the April 19, 2007 subcommittee 
markup schedule. It is our understanding, based on Chairman 
Rahall's announcement on February 7, 2007 at the committee 
organizational meeting that the committee would precede with 
business under ``regular order.''
    The Majority has again displayed its cavalier attitude 
towards private property rights. Mr. Bishop offered an 
amendment to restore private property rights protections which 
have been included in the twelve most recently established 
heritage areas. This amendment was rejected on a straight 
party-line vote based on the Majority's Byzantine explanation 
that securing property rights could be burdensome to the 
management entity. We are intrigued by the massive resistance 
to this legislative language that enjoyed bipartisan support in 
previous Congresses and that the bill's sponsor, Representative 
Slaughter, confirmed she would not oppose at the legislative 
hearing.
    This bill establishes a commission consisting of 17 members 
which will be empowered to operate the heritage area with 
federal funds. Normally heritage areas are run by nonprofit 
organizations, but this bill goes as far as requiring that the 
Department of the Interior supply two fulltime, all expenses 
paid employees to the management of the heritage area. Why have 
previous heritage areas been denied such preferential 
treatment?
    Mr. Flake offered a common sense amendment that reiterates 
the prohibition on lobbying using federal funds. While the 
Majority acknowledged that such a law exists, they offered a 
contradictory argument that the limitation is an unjustified 
obstacle to seek more federal funds. Unfortunately, the 
Majority rejected this tax-payer friendly, good government 
amendment on a straight party-line vote.
    H.R. 713 is intended to promote tourism in the Niagara 
Falls region. We question how this bill will attract additional 
visitors to a place that is already known worldwide, and 
according to the National Park Service, receives 8 to 10 
million visitors a year.
    We understand the proponents of this legislation hope this 
heritage area will play a role in the economic redevelopment of 
the Niagara Falls region. However, this bill also provides 
significant assistance to organizations that are currently 
involved in using eminent domain to remove small landowners 
from their property to establish a casino. The casino is at the 
heart of the economic redevelopment plan that this bill is 
designed to promote. There are reports of developers allegedly 
using unsavory tactics and intimidation to push citizens off 
their land. It has also come to light that land values have 
dropped in areas targeted for acquisition. If the same 
organizations that are pushing the casino project are the ones 
to be involved in the heritage area, it would provide them with 
yet another hammer to intimidate lawful landowners. Clearly, 
many of these issues will be resolved at the state level.
    This raises the question: What role will the national 
heritage area play in the promotion of a casino? We believe 
advocacy of gaming should never be part of legislation to 
establish heritage areas. If the heritage area is to play an 
integral role in the redevelopment plans of the Niagara Falls 
region, and the center of that plan is the casino, Congress 
must create a firewall between the heritage area and gaming. 
Mr. Bishop offered an amendment to delineate those interests 
and to our astonishment, the Majority ruled on a straight 
party-line vote that such separation was unnecessary. We hope 
the Majority extends the courtesy of investigating these issues 
before further railroading this bill.
    In short, this legislation's failure to follow regular 
order dramatically reduced the opportunity to improve this 
legislation. Consequently, we look forward to resolving these 
issues with an open process on the House Floor rather than very 
restrictive suspension of the rules.
                                   Rob Bishop.
                                   Bill Sali.
                                   Doug Lamborn.
                                   Henry E. Brown, Jr.
                                   John J. Duncan, Jr.
                                   Cathy McMorris Rodgers.
                                   Louie Gohmert.
                                   Stevan Pearce.
                                   Don Young.
                                   Chris Cannon.
                                   Dean Heller.
                                   Bill Shuster.

                                  
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