[Senate Report 110-174]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 372
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-174

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



 
                NIAGARA FALLS NATIONAL HERITAGE AREA ACT

                                _______
                                

               September 17, 2007.--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. 800]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 800) to establish the Niagara Falls 
National Heritage Area in the State of New York, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Commission.--The term ``Commission'' means the Niagara 
        Falls National Heritage Area Commission established by section 
        4(a).
          (2) Governor.--The term ``Governor'' means the Governor of 
        the State.
          (3) Heritage area.--The term ``Heritage Area'' means the 
        Niagara Falls National Heritage Area established by section 
        3(a).
          (4) Local coordinating entity.--The term ``local coordinating 
        entity'' means the local coordinating entity for the Heritage 
        Area designated by section 3(d)(1).
          (5) Management plan.--The term ``management plan'' means the 
        management plan for the Heritage Area developed under section 
        5.
          (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. 3. NIAGARA FALLS NATIONAL HERITAGE AREA.

  (a) Establishment.--There is established in the State the Niagara 
Falls National Heritage Area.
  (b) Boundaries.--The National 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 5(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 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 4(h), other than the duties 
        described in paragraphs (1) and (8) of section 4(h).

SEC. 4. 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 
        considering 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 
        considering the recommendation of the mayor of Niagara Falls, 
        New York;
          (4) 1 member shall be appointed by the Secretary, after 
        considering the recommendation of the mayor of the village of 
        Youngstown, New York;
          (5) 1 member shall be appointed by the Secretary, after 
        considering the recommendation of the mayor of the village of 
        Lewiston, New York;
          (6) 1 member shall be appointed by the Secretary, after 
        considering the recommendation of the Tuscarora Nation;
          (7) 1 member shall be appointed by the Secretary, after 
        considering 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 considering the recommendation of the 2 members 
                of the Senate from the State; and
                  (B) 2 members shall be appointed by the Secretary, 
                after considering 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 5, 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;
                  (B) make available to the Secretary for audit any 
                records containing information relating to the 
                expenditure of Federal funds and any matching funds; 
                and
                  (C) require, with respect to all agreements 
                authorizing the expenditure of Federal funds by other 
                organizations, that the organization receiving the 
                funds make available to the Secretary for audit all 
                records and other information concerning the 
                expenditure of the 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 3(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. 5. 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 3(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 3(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. 6. 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.

SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

  (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
  (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities with the 
Secretary and the local coordinating entity to the maximum extent 
practicable.
  (c) Other Federal Agencies.--Nothing in this Act--
          (1) modifies, alters, or amends any law or 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. 8. 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 the 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. 9. EVALUATION; REPORT.

  (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
          (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
          (2) prepare a report in accordance with subsection (c).
  (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
          (1) assess the progress of the local coordinating entity with 
        respect to--
                  (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                  (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
          (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
          (3) 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.
  (c) Report.--
          (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
          (2) Required analysis.--If the report prepared under 
        paragraph (1) 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.
          (3) Submission to congress.--On completion of the report, 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. 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

    The purpose of S. 800 is to establish the Niagara Falls 
National Heritage Area in the State of New York.

                          BACKGROUND AND NEED

    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 from 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 identified 1,623 plant species 
including unique miniature old growth eastern white cedars. 
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 important 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.
    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 originally 
designed by noted landscape architect 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.
    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 partners in the region to protect its precious 
resources and further the contribution of the Niagara Falls 
region to the United States and to the people of New York.
    In 2006, the National Park Service completed a national 
heritage area feasibility study of the Niagara Falls region 
pursuant to Public Law 107-256, the ``Niagara Falls National 
Heritage Area Study Act.'' The study concluded that the region 
met all of the criteria for designation as a national heritage 
area including the existence of significant levels of public 
support and local commitments necessary for successful planning 
and implementation of a heritage area.
    S. 800 provides for the establishment of a limited term 
Federal commission to undertake the heritage management plan 
and to identify a successor local coordinating entity 
representing the varied interests of the region. It includes 
the opportunity for a limited number of heritage area related 
resources, outside of the designated heritage area boundary, to 
participate in heritage area programs if they are identified as 
eligible through the heritage area management planning process. 
These provisions are consistent with the preferred alternative 
of the National Park Service national heritage area feasibility 
study.

                          LEGISLATIVE HISTORY

    S. 800 was introduced by Senator Schumer on March 7, 2007. 
Senator Clinton is a cosponsor. The Subcommittee on National 
Parks held a hearing on the bill on May 15, 2007. At its 
business meeting on July 25, 2007, the Committee on Energy and 
Natural Resources ordered S. 800 favorably reported with an 
amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 800, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 800, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
deletes the Congressional findings, and modifies the management 
language for the heritage area to make it consistent with the 
authorities provided for other national heritage areas. The 
amendment also adds a requirement that the Secretary of the 
Interior conduct an evaluation of the heritage area not later 
than three years before the date authority for Federal funding 
terminates, to assess the progress of the management entity in 
accomplishing the purposes for which the heritage area was 
established and whether the goals and objectives of the 
management plan for the heritage area were achieved. The 
Secretary is required to submit a report of the findings of the 
evaluation to the Congressional authorizing committees.
    The amendment is explained in detail in the section-by-
section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Niagara Falls 
National Heritage Area Act.''
    Section 2 defines key terms used in the bill.
    Section 3(a) establishes the Niagara Falls National 
Heritage Area (``heritage area'') in the State of New York.
    Subsection (b) describes the boundaries of the heritage 
area.
    Subsection (c) states that the boundary map shall be on 
file and available for public inspection in the appropriate 
offices of the National Park Service.
    Subsection (d)(1) provides that, for the five-year period 
beginning on the date of enactment, the local coordinating 
entity for the heritage area shall be the Niagara Falls 
National Heritage Area Commission (``Commission'') established 
in section 4(a). Thereafter, the local coordinating entity 
shall be a non-profit or governmental organization designated 
by the Commission.
    Paragraphs (2) and (3) list the authorities and duties of 
the Commission.
    Section 4(a) establishes the Niagara Falls National 
Heritage Area Commission within the Department of the Interior.
    Subsection (b) provides that the Commission is to be 
composed of 17 members, and lists the criteria the Secretary of 
the Interior (``Secretary'') is to use in appointing Commission 
members.
    Subsection (c) states that Commission members shall be 
appointed for a five-year term.
    Subsections (d), (e), and (f) provide for the selection of 
a Commission Chairman and Vice Chairman, establish quorum 
requirements, and detail the Commission meeting requirements, 
respectively.
    Subsection (g) describes the powers of the Commission.
    Subsection (h) describes the duties of the Commission.
    Subsection (i) provides that Commission members shall serve 
without pay, but may receive per diem expenses while on 
official Commission business.
    Subsection (j) allows for gifts to the Commission to be 
deducted for income tax purposes the same as a gift to the 
United States.
    Subsection (k) prohibits the Commission from using Federal 
funds to acquire real property.
    Section 5(a) requires the management entity to prepare and 
submit for review a management plan to the Secretary no later 
than three years after the date on which the funds are made 
available to carry out this Act.
    Subsection (b) provides the requirements for the contents 
of the management plan.
    Subsection (c) states that if the management plan is not 
submitted within the three-year period, Federal funding is 
suspended until the plan is submitted to the Secretary.
    Subsection (d) requires the Secretary to approve or 
disapprove the management plan within six months after 
receiving the plan and lists the criteria the Secretary is to 
consider in determining whether to approve or disapprove the 
plan.
    Subsection (e) requires that the Secretary review and 
approve or disapprove any amendment that would make a 
substantial change to the management plan.
    Section 6 describes the duties and authorities of the 
Secretary of the Interior. Subsection (a) authorizes the 
Secretary to provide technical assistance and enter into 
cooperative agreements with the heritage area.
    Subsection (b) authorizes the Secretary to detail up to two 
employees of the Department of the Interior to the Commission, 
on a non-reimbursable basis.
    Section 7 describes the relationship of other Federal 
agencies to the heritage area.
    Subsection (a) clarifies that nothing in this Act affects 
the authority of a Federal agency to provide technical or 
financial assistance under any other law.
    Subsection (b) encourages the head of a Federal agency 
planning to conduct activities that may have an impact on the 
heritage area to consult and coordinate the activities with the 
Secretary and the management entity to the maximum extent 
practicable.
    Subsection (c) clarifies that nothing in this Act modifies 
authorities of Federal agencies to manage Federal land, limits 
the discretion of a Federal agency to implement an approved 
land use plan, or modifies or alters any authorized use of 
Federal land.
    Section 8 contains several savings provisions to clarify 
that the designation of the national heritage area will not 
affect private property rights, affect governmental land use 
regulation, reserve or appropriate water rights, diminish the 
authority of the State to manage fish and wildlife, or create 
any liability for property owners within the heritage area.
    Section 9(a) requires the Secretary to conduct an 
evaluation of the accomplishments of the national heritage area 
not later than three years before the date Federal funding 
authority terminates.
    Subsection (b) provides that the evaluation shall assess 
the progress of the management entity with respect to 
accomplishing the purposes of this Act for the heritage area 
and whether the management entity achieved the goals and 
objectives of the approved management plan for the heritage 
area. The evaluation is also required to analyze governmental 
investments in the heritage area to determine the leverage and 
impact of the investments.
    Subsection (c) requires the Secretary to prepare a report, 
based on the evaluation, that includes recommendations for the 
future role of the National Park Service, if any, for the 
heritage area. If the report recommends that Federal funding 
for the area be reauthorized, it is required to include an 
analysis of ways Federal funding may be reduced or eliminated. 
The report is to be submitted to the House and Senate 
authorizing committees.
    Section 10(a) authorizes total appropriations of $10 
million, with not more than $1 million authorized to be 
appropriated for any fiscal year.
    Subsection (b) requires Federal funding to be matched on a 
50:50 basis with funds from non-Federal sources.
    Section 11 provides that the authority of the Secretary to 
provide assistance under this Act terminates 15 years after the 
date of enactment.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                                     July 30, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 800, the Niagara 
Falls National Heritage Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 800--Niagara Falls National Heritage Area Act

    Summary: S. 800 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 
assisting local governments and nonprofit agencies with 
implementation of the plan. In addition, the legislation would 
require the Department of the Interior to report to the 
Congress on the work of the NHA.
    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 S. 800 would 
cost $5 million over the 2008-2012 period, with additional 
amounts spent after 2012. Enacting S. 800 would not affect 
direct spending or revenues.
    S. 800 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 S. 800 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 S. 800 would cost $5 
million over the 2008-2012 period and $5 million over the 
following five to 10 years. Such amounts would be used to cover 
a portion of the costs of reporting, planning, establishing, 
operating, and interpreting the heritage area.
    Intergovernmental and private-sector impact: S. 800 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On May 9, 2007, CBO provided a cost 
estimate for H.R. 713, the Niagara Falls National Heritage Act, 
as ordered reported by the House Committee on Natural Resources 
on April 25, 2007. The two versions of the legislation are 
similar, and the estimated costs are the same.
    Estimate prepared by: Federal Costs: Deborah Reis and 
Matthew Pickford; 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.

                      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. 800. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic 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. 800, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the May 15, 2007, Subcommittee hearing on S. 800 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       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. 800, a bill to establish the Niagara Falls 
National Heritage Area in the State of New York.
    While a feasibility study has found the Niagara Falls 
region appropriate for designation, we recommend that the 
committee defer action on S. 800 and all other proposed 
heritage area designations until program legislation is enacted 
that establishes guidelines and a process for the designation 
of national heritage areas. Last year, the Administration sent 
to Congress a legislative proposal to establish such guidelines 
and a process for designation. Bills were introduced in the 
109th Congress (S. 243, H.R. 760 and H.R. 6287) that 
incorporated the majority of the provisions of the 
Administration's proposal, and S. 243 passed the Senate. During 
the 110th Congress, a similar heritage area program bill, S. 
278, has been introduced, and we look forward to continuing to 
work with Congress on this very important issue.
    With 37 national heritage areas designated across 27 
states, and more heritage area legislative proposals in the 
pipeline, the Administration believes it is critical at this 
juncture for Congress to enact national heritage area program 
legislation. This legislation would provide a much-needed 
framework for evaluating proposed national heritage areas, 
offering guidelines for successful planning and management, 
clarifying the roles and responsibilities of all parties, and 
standardizing timeframes and funding for designated areas. 
Program legislation also would clarify the expectation that 
heritage areas would work toward self-sufficiency by outlining 
the necessary steps, including appropriate planning, to achieve 
that shared goal.
    In 2006, the National Park Service completed a national 
heritage area feasibility study of the Niagara Falls region 
pursuant to Public Law 107-256, the ``Niagara Falls National 
Heritage Area Study Act.'' The study concluded that the region 
met all of the criteria for designation as a national heritage 
area including the existence of significant levels of public 
support and local commitments necessary for successful planning 
and implementation of a heritage area.
    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 from 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 identified 1,623 plant species 
including unique miniature old growth eastern white cedars. 
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.
    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.
    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 partners in the region to protect its precious 
resources and 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 proposal during the 
feasibility study.
    S. 800 provides for the establishment of a limited term (5-
year) federal commission to undertake the heritage management 
plan and to identify a successor local coordinating entity 
representing the varied interests of the region. It includes 
the opportunity for a limited number of heritage area related 
resources, outside of the designated heritage area boundary, to 
participate in heritage area programs if they are identified as 
eligible through the heritage area management planning process. 
These provisions are consistent with the preferred alternative 
of the National Park Service national heritage area feasibility 
study.
    Mr. Chairman, while the proposed Niagara Falls National 
Heritage Area contains significant natural and cultural 
resources and meets the established criteria for congressional 
designation, we would again request that the committee defer 
action until national heritage area program legislation is 
enacted. However, if the committee chooses to move ahead with 
this bill, the Department would like to work with them to make 
some technical corrections to the bill. In addition, the 
Department would recommend that the bill be amended to include 
an additional requirement for an evaluation to be conducted by 
the Secretary, three years prior to the cessation of federal 
funding under this act. The evaluation would examine the 
accomplishments of the heritage area in meeting the goals of 
the management plan; analyze the leveraging and impact of 
investments to the heritage area; identify the critical 
components of the management structure and sustainability of 
the heritage area; and recommend what future role, if any, the 
National Park Service should have with respect to the heritage 
area.
    We are also advised by the Department of Justice that the 
restrictions placed on the Secretary's authority to appoint the 
members of the Niagara Falls National Heritage Area Commission 
raise constitutional concerns. We, along with the Department of 
Justice, would like to work with the committee to address these 
concerns.
    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. 800, as ordered 
reported.

                                  
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