[House Report 110-310]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-310

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



 
       PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ACT OF 2007

                                _______
                                

 August 4, 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

                        [To accompany H.R. 189]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 189) to establish the Paterson Great Falls National 
Park in the State of New Jersey, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Paterson Great Falls National 
Historical Park Act of 2007''.

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds the following:
          (1) The Great Falls Historic District in Paterson, New 
        Jersey, is the site that Alexander Hamilton selected to 
        implement his vision of American economic independence and 
        transform a rural agrarian society based on slavery into a 
        global economy based on freedom.
          (2) The Great Falls Historic District was designated as a 
        National Historic Landmark in 1976 and President Gerald Ford 
        declared it ``a symbol of the industrial might which helps to 
        make America the most powerful nation in the world''.
          (3) Section 510 of Public Law 104-333 established the Great 
        Falls Historic District to recognize the contribution to our 
        national heritage of certain historical, cultural, and natural 
        resources of the historic district.
          (4) Exceptional natural and cultural resources make the Great 
        Falls Historic District America's only National Historic 
        District that contains both a National Historic Landmark and a 
        National Natural Landmark.
          (5) Pierre L'Enfant's water power system at the Great Falls 
        and the buildings erected around it over two centuries 
        constitute the finest and most extensive remaining example of 
        engineering, planning and architectural works that span the 
        entire period of America's growth into an industrial power.
  (b) Purposes.--The purposes of this Act are--
          (1) to establish a unit of the National Park System in 
        Paterson, New Jersey, consisting of the Great Falls Historic 
        District; and
          (2) to foster activities among Federal, State, and local 
        governments, non-profit organizations, and private donors to 
        preserve, enhance, interpret, and promote the cultural sites, 
        historic structures, and natural beauty of the Great Falls 
        Historic District for the benefit of present and future 
        generations.

SEC. 3. DEFINITIONS.

  For the purposes of this Act, the following definitions apply:
          (1) Park.--The term ``park'' means the Paterson Great Falls 
        National Historical Park established in section 4.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) Commission.--The term ``Commission'' means the Paterson 
        Great Falls National Historical Park Commission established in 
        section 7.

SEC. 4. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.

  (a) Establishment.--In order to preserve and interpret for the 
benefit of present and future generations certain historical, cultural, 
and natural resources associated with the Great Falls National Historic 
District, there is established in the city of Paterson in the county of 
Passaic in the State of New Jersey the Paterson Great Falls National 
Historical Park as a unit of the National Park System.
  (b) Boundaries.--The park shall consist of approximately 109 acres as 
generally depicted on the map titled ``Paterson Great Falls National 
Historical Park--Proposed Boundary'', numbered T03/80,000, and dated 
June 2007. The map shall be on file and available for public inspection 
in the appropriate offices of the National Park Service and the city of 
Paterson.

SEC. 5. ADMINISTRATION.

  (a) In General.--The park shall be administered by the Secretary in 
accordance with this Act and the provisions of law generally applicable 
to units of the National Park System, including the Act of August 25, 
1916 (16 U.S.C. 1-4) and the Act of August 21, 1935 (16 U.S.C. 461-
467).
  (b) State and Local Jurisdiction.--Nothing in this section shall be 
construed to diminish, enlarge, or modify any right of the State of New 
Jersey or any political subdivision thereof, to exercise civil and 
criminal jurisdiction or to carry out State laws, rules, and 
regulations within the park.
  (c) Cooperative Agreements.--
          (1) In general.--In furtherance of the purposes of this Act, 
        the Secretary is authorized, after consultation with the 
        Commission, to enter into cooperative agreements with the 
        owners of properties of natural, historical, or cultural 
        significance within the park, pursuant to which agreements the 
        Secretary may mark, interpret, restore, and provide technical 
        assistance for the preservation of such properties and pursuant 
        to which the Secretary may provide assistance, including 
        management services and program implementation.
          (2) Right of access.--Each cooperative agreement shall 
        provide that the Secretary, through the National Park Service, 
        shall have the right of access at all reasonable times to all 
        public portions of the property covered by the agreement for 
        the purpose of conducting visitors through such properties and 
        interpreting them to the public.
          (3) Alteration of properties.--Each cooperative agreement 
        shall provide that no changes or alterations shall be made in 
        the property covered by the agreement except by mutual 
        agreement between the Secretary and the other party to the 
        agreement.
  (d) Use of Federal Funds.--
          (1) Conversion, use, or disposal of projects.--Any payment 
        made by the Secretary pursuant to a cooperative agreement under 
        this section shall be subject to an agreement that conversion, 
        use, or disposal of a project so assisted for purposes contrary 
        to the purposes of this Act, as determined by the Secretary, 
        shall result in the right of the United States to reimbursement 
        of all funds made available to the project or the portion of 
        the increased value of the project attributable to such funds 
        as determined at the time of such conversion, use, or disposal, 
        whichever is greater.
          (2) Matching funds.--As a condition of expending any funds 
        appropriated to the Secretary for the purposes of cooperative 
        agreements under this section, the Secretary shall require that 
        such expenditure must be matched by expenditure of an equal 
        amount of funds provided by non-Federal sources.
          (3) Donations.--With the approval of the Secretary, any 
        donation of property, goods, or services from a non-Federal 
        source may be considered as a contribution of funds from a non-
        federal source for purposes of this section.

SEC. 6. GENERAL MANAGEMENT PLAN.

   Not later than 3 complete fiscal years after the date funds are made 
available for this purpose, the Secretary shall prepare, in 
consultation with the Commission, and transmit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a general management plan 
for the park in accordance with the provisions of section 12(b) of the 
Act of August 18, 1970 (16 U.S.C. 1a-7(b)), popularly known as the 
National Park System General Authorities Act, and other applicable law.

SEC. 7. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK COMMISSION.

  (a) Establishment.--There is hereby established the Paterson Great 
Falls National Historical Park Commission whose purpose shall be to 
assist and advise the Secretary in the development and implementation 
of the general management plan for the park.
  (b) Membership.--
          (1) Appointments.--The Commission shall be composed of 9 
        members appointed by the Secretary, of whom--
                  (A) 4 members shall be from nominees submitted by the 
                Governor of the State of New Jersey;
                  (B) 2 members shall be from nominees submitted by the 
                City Council of Paterson;
                  (C) 1 member shall be from nominees submitted by the 
                Board of Chosen Freeholders of Passaic County, New 
                Jersey; and
                  (D) 2 members shall be qualified to serve on the 
                Commission because of their familiarity with national 
                parks and historic preservation.
          (2) Chairperson; vice chairperson.--The Commission shall 
        elect one of its members as Chairperson and one as Vice 
        Chairperson. The Vice Chairperson shall serve as chairperson in 
        the absence of the Chairperson.
          (3) Vacancies.--A vacancy in the Commission shall be filled 
        in the same manner in which the original appointment was made.
          (4) Terms.--Terms of service are as follows:
                  (A) The term of office of the Chairperson and Vice 
                Chairperson shall be one year.
                  (B) Members of the Commission shall serve for terms 
                of 3 years and may be reappointed not more than once.
                  (C) A member may serve after the expiration of his or 
                her term until a successor has been appointed.
          (5) Timeline for appointments.--The Secretary shall appoint 
        the first members of the Commission not later than 30 days 
        after the date on which the Secretary has received all of the 
        recommendations for appointment pursuant to paragraph (1).
  (c) Compensation.--Members of the Commission shall serve without pay, 
but while away from their homes or regular places of business in the 
performance of services for the Commission, members shall be allowed 
travel expenses, including per diem in lieu of subsistence, in the same 
manner as persons employed intermittently in the Government service are 
allowed expenses under section 5703 of title 5, United States Code.
  (d) Meetings.--The Commission shall meet at the call of the 
Chairperson or a majority of its members.
  (e) Quorum.--A majority of the Commission shall constitute a quorum.
  (f) Staff.--The Secretary shall provide the Commission with such 
staff and technical assistance as the Secretary, after consultation 
with the Commission, considers appropriate to enable the Commission to 
carry out its duties. The Secretary may accept the services of 
personnel detailed from the State of New Jersey, any political 
subdivision of the State or any entity represented on the Commission.
  (g) Exemption.--Section 14(b) of the Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission.
  (h) Termination.--The Commission shall terminate 10 years after the 
date of the enactment of this Act.

SEC. 8. ACQUISITION OF LAND.

  (a) General Authority.--The Secretary may acquire land or interests 
in land within the boundaries of the park from willing sellers only by 
donation, purchase with donated or appropriated funds, or exchange.
  (b) State Property.--Land or interests in land owned by the State of 
New Jersey or any political subdivision of the State may be acquired 
only by donation.

SEC. 9. HINCHLIFFE STADIUM.

   Not later than three years after the date of the enactment of this 
Act, the Secretary shall complete a study regarding the preservation 
and interpretation of Hinchliffe Stadium as listed on the National 
Register of Historic Places. The study shall include an assessment of 
the potential for listing as a National Historic Landmark as well as 
options for maintaining the historic integrity of the stadium.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

  Amend the title so as to read:

  A bill to establish the Paterson Great Falls National Historical Park 
in the State of New Jersey and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 189, as ordered reported, is to 
establish the Paterson Great Falls National Historical Park in 
the State of New Jersey and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Soon after the Revolutionary War, Alexander Hamilton 
selected the area around the Great Falls of the Passaic River 
as the site for the first planned industrial center in America. 
Hamilton, then Secretary of the Treasury, invited Pierre 
L'Enfant to design the city in 1791. Hamilton's vision was to 
harness the power of the falls to develop manufacturing 
capabilities in the United States to free the country from 
reliance on imported goods. The result of Hamilton's plan was 
the city of Paterson, New Jersey which became one of the most 
important manufacturing centers in America during the 
industrial revolution. The story of Hamilton's vision that 
America could develop an industrial economy that would free the 
nation not only from its reliance on Great Britain but also 
from its use of slavery is one of national significance.
    President Gerald Ford designated the Great Falls Historic 
District as a National Historic Landmark in 1976. Sec. 510 of 
Public Law 104-333 legislatively established the historic 
district and authorized a restoration, preservation and 
interpretive program for the area. The Great Falls Historic 
District is the only Congressionally established historic 
district which includes both a National Historic landmark and a 
National Natural Landmark.
    The 107th Congress approved legislation (Public Law 107-59) 
authorizing the Secretary of the Interior to study the 
suitability and feasibility of designating the district as a 
unit of the National Park System. The National Park Service 
completed the study in 2006 and concluded that the area was not 
suitable for such a designation. However, this determination 
has been disputed by numerous historians and the Committee has 
received testimony and letters that make a strong case for a 
national designation.
    H.R. 189 was introduced by Representative Bill Pascrell (D-
NJ) and is cosponsored by the entire New Jersey delegation. 
Both New Jersey Senators and the State's Governor, as well as 
the National Trust for Historic Preservation, the National 
Parks Conservation Association, and academic experts from 
Harvard, Yale, New York University, and numerous other 
institutions support a national designation.

                            COMMITTEE ACTION

    H.R. 189 was introduced on January 4, 2007 by 
Representative Bill Pascrell (D-NJ). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public Lands. 
The Subcommittee held a hearing on the bill on March 29, 2007. 
On June 28, 2007, the Subcommittee was discharged from further 
consideration of the bill and the full Natural Resources 
Committee met to consider H.R. 189.
    National Parks, Forests and Public Lands Subcommittee 
Chairman Grijalva (D-AZ) offered an amendment in the nature of 
a substitute making extensive changes to the bill.
    The Grijalva substitute designates the area as the 
``Paterson Great Falls National Historical Park'' and provides 
a map reference delineating the park boundary as only 
encompassing the existing historic district. The Grijalva 
substitute also changes several management provisions of the 
bill to conform the legislation to other National Historical 
Park designations.
    A substitute to the Grijalva substitute, offered by 
Subcommittee Ranking Member Bishop (R-UT), would have 
designated Paterson as an affiliated area, rather than a unit, 
of the National Park System. The Bishop substitute to the 
Grijalva substitute was not agreed to by a roll call vote of 11 
yeas and 25 nays, as follows:


    Representative Bishop also offered an amendment to the 
Grijalva substitute proposing to cap federal funding for the 
Historical Park but failed to indicate a specific limit. The 
Bishop amendment was not agreed to by voice vote. The Grijalva 
substitute was then adopted by voice vote. H.R. 189 was then 
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, ``Paterson Great Falls 
National Historical Park Act of 2007.''

Section 2. Findings and purposes

    Section 2 contains the bill's findings and purposes, which 
include fostering activities among various parties to 
``preserve, enhance, interpret, and promote the cultural sites, 
historic structures and natural beauty of the Great Falls 
Historic District for the benefit of present and future 
generations.''

Section 3. Definitions

    Section 3 defines terms relevant to the legislation.

Section 4. Paterson Great Falls National Historical Park

    Section 4(a) establishes the Paterson Great Falls National 
Historical Park as a unit of the National Park System. Section 
4(b) specifies the boundaries of the unit by means of a map 
reference.

Section 5. Administration

    Section 5(a) requires the Historical Park to be managed 
according to this Act and other laws generally applicable to 
units of the National Park System. Section 5(b) clarifies that 
nothing in this Act enlarges or diminishes existing authority 
of the State of New Jersey or its political subdivisions to 
exercise civil or criminal jurisdiction or carry out state 
laws, rules or regulations within the Park. Section 5(c) 
authorizes the Secretary of the Interior to enter into 
cooperative agreements with owners of property within the 
Historical Park and specifies the terms and requirements of 
those agreements.

Section 6. General management plan

    Section 6 requires the Secretary to prepare, in 
consultation with the Commission authorized in Section 7, a 
general management plan for the Historical Park within three 
years after the date funds are made available for that purpose.

Section 7. Paterson Great Falls National Historical Park Commission

    Section 7(a) establishes the Commission whose purpose shall 
be to ``assist and advise the Secretary in development and 
implementation of the general management plan for the park.'' 
Sections 7(b) through 7(h) outline the membership, 
responsibilities and requirements of the Commission.

Section 8. Acquisition of land

    Section 8 authorizes the Secretary to acquire land or 
interests in land within the boundaries of the park, from 
willing sellers only, by donation, purchase with donated or 
appropriated funds, or exchange. State lands are to be acquired 
by donation only.

Section 9. Hinchliffe Stadium

    Section 9 requires the Secretary to study options for the 
preservation and interpretation of Hinchliffe Stadium, as 
listed on the National Register of Historic Places. The study 
must be completed within three years of the date of enactment 
of the legislation.

Section 10. Authorization of appropriations

    This section authorizes such sums as may be necessary to 
carry out the purposes of this Act.

            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 Paterson Great Falls 
National Historical Park in the State of New Jersey and for 
other purposes.
    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. 189--Paterson Great Falls National Historical Park Act of 2007

    Summary: H.R. 189 would establish the Paterson Great Falls 
National Historical Park on 109 acres of land in Paterson, New 
Jersey. Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 189 would cost the National 
Park Service (NPS) $22 million over the 2008-2012 period and $1 
million a year thereafter. We estimate that enacting the 
legislation would not affect direct spending or revenues.
    H.R. 189 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 costs to the Federal Government: The estimated 
budgetary impact of H.R. 189 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       4       8       8
Estimated Outlays...............       1       1       4       8       8
------------------------------------------------------------------------

    Basis of estimate: H.R. 189 would establish the Paterson 
Great Falls National Historical Park at the site of the Great 
Falls Historic District, a National Historic Landmark in 
Paterson, New Jersey. Although the bill would authorize the NPS 
to acquire the 109-acre park site, CBO expects that most of 
this acreage would continue to be owned by the state, local 
nonprofit organizations, and private landowners. Under the 
bill, the park would be managed by the NPS under cooperative 
agreements with those entities and in consultation with a 
Paterson Great Falls National Historical Park Commission, also 
to be established by the bill. In addition to operating the 
historical park, the NPS would restore and preserve historic 
structures, provide technical assistance to landowners, and 
create interpretive programs and materials such as signs and 
wayside exhibits.
    Based on information provided by NPS and assuming 
appropriation of the necessary amounts, CBO estimates that the 
agency would spend $22 million over the 2008-2012 period to 
implement this legislation. Of this amount, we estimate that $1 
million a year would be spent to manage and operate the new 
historical park. In the first three years after enactment, the 
annual cost would include expenses to prepare a general 
management plan for the park and to complete a required study 
on preserving and interpreting the Hinchcliffe Stadium. We 
estimate that the agency would spend an additional $5 million 
to construct administrative and visitor facilities and to 
install park exhibits over the 2010-2012 period. We estimate 
that $12 million would be provided to local landowners over 
that same period for the preservation of historic properties 
within the park.
    Intergovernmental and private-sector impact: H.R. 189 
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 and David 
Reynolds; Impact on State, Local, and Tribal Governments: Leo 
Lex; Impact on the Private Sector: Craig Cammarata.
    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. 189 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.

                                  
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