[Senate Report 110-376]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 808
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-376

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



 
           PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ACT

                                _______
                                

                 June 16, 2008.--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 H.R. 189]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 189) to establish the Paterson Great 
Falls National Historical Park in the State of New Jersey, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
Act, 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 ``Paterson Great Falls National 
Historical Park Act of 2008''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) City.--The term ``City'' means the City of Paterson, New 
        Jersey.
          (2) Commission.--The term ``Commission'' means the Paterson 
        Great Falls National Historical Park Advisory Commission 
        established by section 6(a).
          (3) Historic district.--The term ``Historic District'' means 
        the Great Falls Historic District in the State.
          (4) Management plan.--The term ``management plan'' means the 
        management plan for the Park developed under section 5.
          (5) Map.--The term ``Map'' means the map entitled ``Paterson 
        Great Falls National Historical Park-Proposed Boundary'', 
        numbered T03/80,001, and dated May 2008.
          (6) Park.--The term ``Park'' means the Paterson Great Falls 
        National Historical Park established by section 3(a).
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (8) State.--The term ``State'' means the State of New Jersey.

SEC. 3. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.

  (a) Establishment.--
          (1) In general.--Subject to paragraph (2), there is 
        established in the State a unit of the National Park System to 
        be known as the ``Paterson Great Falls National Historical 
        Park''.
          (2) Conditions for establishment.--The Park shall not be 
        established until the date on which the Secretary determines 
        that--
                  (A)(i) the Secretary has acquired sufficient land or 
                an interest in land within the boundary of the Park to 
                constitute a manageable unit; or
                  (ii) the State or City, as appropriate, has entered 
                into a written agreement with the Secretary to donate--
                          (I) the Great Falls State Park, including 
                        facilities for Park administration and visitor 
                        services; or
                          (II) any portion of the Great Falls State 
                        Park agreed to between the Secretary and the 
                        State or City; and
                  (B) the Secretary has entered into a written 
                agreement with the State, City, or other public entity, 
                as appropriate, providing that--
                          (i) land owned by the State, City, or other 
                        public entity within the Historic District will 
                        be managed consistent with this Act; and
                          (ii) future uses of land within the Historic 
                        District will be compatible with the 
                        designation of the Park.
  (b) Purpose.--The purpose of the Park is to preserve and interpret 
for the benefit of present and future generations certain historical, 
cultural, and natural resources associated with the Historic District.
  (c) Boundaries.--The Park shall include the following sites, as 
generally depicted on the Map:
          (1) The upper, middle, and lower raceways.
          (2) Mary Ellen Kramer (Great Falls) Park and adjacent land 
        owned by the City.
          (3) A portion of Upper Raceway Park, including the Ivanhoe 
        Wheelhouse and the Society for Establishing Useful Manufactures 
        Gatehouse.
          (4) Overlook Park and adjacent land, including the Society 
        for Establishing Useful Manufactures Hydroelectric Plant and 
        Administration Building.
          (5) The Allied Textile Printing site, including the Colt Gun 
        Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and Todd 
        Mill ruins.
          (6) The Rogers Locomotive Company Erecting Shop, including 
        the Paterson Museum.
          (7) The Great Falls Visitor Center.
  (d) Availability of Map.--The Map shall be on file and available for 
public inspection in the appropriate offices of the National Park 
Service.
  (e) Publication of Notice.--Not later than 60 days after the date on 
which the conditions in subparagraphs (A) and (B) of subsection (a)(2) 
are satisfied, the Secretary shall publish in the Federal Register 
notice of the establishment of the Park, including an official boundary 
map for the Park.

SEC. 4. ADMINISTRATION.

  (a) In General.--The Secretary shall administer the Park in 
accordance with--
          (1) this Act; and
          (2) the laws generally applicable to units of the National 
        Park System, including--
                  (A) the National Park Service Organic Act (16 U.S.C. 
                1 et seq.); and
                  (B) the Act of August 21, 1935 (16 U.S.C. 461 et 
                seq.).
  (b) State and Local Jurisdiction.--Nothing in this Act enlarges, 
diminishes, or modifies any authority of the State, or any political 
subdivision of the State (including the City)--
          (1) to exercise civil and criminal jurisdiction; or
          (2) to carry out State laws (including regulations) and rules 
        on non-Federal land located within the boundary of the Park.
  (c) Cooperative Agreements.--
          (1) In general.--As the Secretary determines to be 
        appropriate to carry out this Act, the Secretary may enter into 
        cooperative agreements with the owner of the Great Falls 
        Visitor Center or any nationally significant properties within 
        the boundary of the Park under which the Secretary may 
        identify, interpret, restore, and provide technical assistance 
        for the preservation of the properties.
          (2) Right of access.--A cooperative agreement entered into 
        under paragraph (1) shall provide that the Secretary, acting 
        through the Director of 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 
        purposes of--
                  (A) conducting visitors through the properties; and
                  (B) interpreting the properties for the public.
          (3) Changes or alterations.--No changes or alterations shall 
        be made to any properties covered by a cooperative agreement 
        entered into under paragraph (1) unless the Secretary and the 
        other party to the agreement agree to the changes or 
        alterations.
          (4) Conversion, use, or disposal.--Any payment made by the 
        Secretary under this subsection shall be subject to an 
        agreement that the conversion, use, or disposal of a project 
        for purposes contrary to the purposes of this Act, as 
        determined by the Secretary, shall entitle the United States to 
        reimbursement in amount equal to the greater of--
                  (A) the amounts made available to the project by the 
                United States; or
                  (B) the portion of the increased value of the project 
                attributable to the amounts made available under this 
                subsection, as determined at the time of the 
                conversion, use, or, disposal.
          (5) Matching funds.--
                  (A) In general.--As a condition of the receipt of 
                funds under this subsection, the Secretary shall 
                require that any Federal funds made available under a 
                cooperative agreement shall be matched on a 1-to-1 
                basis by non-Federal funds.
                  (B) Form.--With the approval of the Secretary, the 
                non-Federal share required under subparagraph (A) may 
                be in the form of donated property, goods, or services 
                from a non-Federal source.
  (d) Acquisition of Land.--
          (1) In general.--The Secretary may acquire land or interests 
        in land within the boundary of the Park by donation, purchase 
        from a willing seller with donated or appropriated funds, or 
        exchange.
          (2) Donation of state owned land.--Land or interests in land 
        owned by the State or any political subdivision of the State 
        may only be acquired by donation.
  (e) Technical Assistance and Public Interpretation.--The Secretary 
may provide technical assistance and public interpretation of related 
historic and cultural resources within the boundary of the Historic 
District.

SEC. 5. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 fiscal years after the date on 
which funds are made available to carry out this section, the 
Secretary, in consultation with the Commission, shall complete a 
management plan for the Park in accordance with--
          (1) section 12(b) of Public Law 91-383 (commonly known as the 
        ``National Park Service General Authorities Act'') (16 U.S.C. 
        1a-7(b)); and
          (2) other applicable laws.
  (b) Cost Share.--The management plan shall include provisions that 
identify costs to be shared by the Federal Government, the State, and 
the City, and other public or private entities or individuals for 
necessary capital improvements to, and maintenance and operations of, 
the Park.
  (c) Submission to Congress.--On completion of the management plan, 
the Secretary shall submit the management plan to--
          (1) the Committee on Energy and Natural Resources of the 
        Senate; and
          (2) the Committee on Natural Resources of the House of 
        Representatives.

SEC. 6. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ADVISORY 
                    COMMISSION.

  (a) Establishment.--There is established a commission to be known as 
the ``Paterson Great Falls National Historical Park Advisory 
Commission''.
  (b) Duties.--The duties of the Commission shall be to advise the 
Secretary in the development and implementation of the management plan.
  (c) Membership.--
          (1) Composition.--The Commission shall be composed of 9 
        members, to be appointed by the Secretary, of whom--
                  (A) 4 members shall be appointed after consideration 
                of recommendations submitted by the Governor of the 
                State;
                  (B) 2 members shall be after consideration of 
                recommendations submitted by the City Council of 
                Paterson, New Jersey;
                  (C) 1 member shall be after consideration of 
                recommendations submitted by the Board of Chosen 
                Freeholders of Passaic County, New Jersey; and
                  (D) 2 members shall have experience with national 
                parks and historic preservation.
          (2) Initial appointments.--The Secretary shall appoint the 
        initial members of the Commission not later than the earlier 
        of--
                  (A) the date that is 30 days after the date on which 
                the Secretary has received all of the recommendations 
                for appointments under paragraph (1); or
                  (B) the date that is 30 days after the Park is 
                established in accordance with section 3.
  (d) Term; Vacancies.--
          (1) Term.--
                  (A) In general.--A member shall be appointed for a 
                term of 3 years.
                  (B) Reappointment.--A member may be reappointed for 
                not more than 1 additional term.
          (2) Vacancies.--A vacancy on the Commission shall be filled 
        in the same manner as the original appointment was made.
  (e) Meetings.--The Commission shall meet at the call of--
          (1) the Chairperson; or
          (2) a majority of the members of the Commission.
  (f) Quorum.--A majority of the Commission shall constitute a quorum.
  (g) Chairperson and Vice Chairperson.--
          (1) In general.--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 
        Chairperson in the absence of the Chairperson.
          (3) Term.--A member may serve as Chairperson or Vice Chairman 
        for not more than 1 year in each office.
  (h) Commission Personnel Matters.--
          (1) Compensation of members.--
                  (A) In general.--Members of the Commission shall 
                serve without compensation.
                  (B) Travel expenses.--Members 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.
          (2) Staff.--
                  (A) In general.--The Secretary shall provide the 
                Commission with any staff members and technical 
                assistance that the Secretary, after consultation with 
                the Commission, determines to be appropriate to enable 
                the Commission to carry out the duties of the 
                Commission.
                  (B) Detail of employees.--The Secretary may accept 
                the services of personnel detailed from--
                          (i) the State;
                          (ii) any political subdivision of the State; 
                        or
                          (iii) any entity represented on the 
                        Commission.
  (i) FACA Nonapplicability.--Section 14(b) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
  (j) Termination.--The Commission shall terminate 10 years after the 
date of enactment of this Act.

SEC. 7. STUDY OF HINCHLIFFE STADIUM.

  (a) In General.--Not later than 3 fiscal years after the date on 
which funds are made available to carry out this Act, the Secretary 
shall complete a study regarding the preservation and interpretation of 
Hinchliffe Stadium, which is listed on the National Register of 
Historic Places.
  (b) Inclusions.--The study shall include an assessment of--
          (1) the potential for listing the stadium as a National 
        Historic Landmark; and
          (2) options for maintaining the historic integrity of 
        Hinchliffe Stadium.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

                                PURPOSE

    The purpose of H.R. 189, as ordered reported, is to 
establish the Paterson Great Falls National Historical Park in 
New Jersey as a unit of the National Park System.

                          BACKGROUND AND NEED

    Conceived by Alexander Hamilton, who believed that the 
United States needed to reduce its dependence on foreign goods 
by developing its own industries, Paterson, New Jersey, was the 
Nation's first planned industrial city and contains some of the 
country's oldest textile mills. The 77-foot-high Great Falls 
provided a means to power the dozens of mills funded by 
Hamilton's investment group, the Society for Establishing 
Useful Manufactures. In the late 1800's, silk production became 
the dominant industry in the area.
    The buildings in the city's historic district reflect 
different phases of decline and renewal typical of northern 
textile cities. Today, some structures are vacant and 
deteriorated, while others have been adaptively reused or 
continue to be used by industry. The Great Falls Historic 
District, an 89-acre core area, was listed on the National 
Register of Historic Places in 1970 and designated as a 
National Historic Landmark in 1976. Since 1988, the Great Falls 
Historic District has been listed as a ``Priority One 
Threatened National Historic Landmark'' in the Department of 
the Interior's annual report to Congress on such landmarks.
    Section 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 Study Act of 2001, Public Law 107-59, 
directed the Secretary of the Interior to conduct a study 
regarding the suitability and feasibility of ``further 
recognizing the historic and cultural significance of the lands 
and structures of the Great Falls Historic District through the 
designation of the Great Falls Historic District as a unit of 
the National Park System.'' The study is still under final 
Departmental review.

                          LEGISLATIVE HISTORY

    H.R. 189 was introduced by Representative Pascrell on 
January 4, 2007. Similar legislation, S. 148, was introduced by 
Senators Lautenberg and Menendez on January 4, 2007. The 
Subcommittee on National Parks held a hearing on both bills on 
September 27, 2007. (S. Hrg. 110-266.) At its business meeting 
on May 7, 2008, the Committee on Energy and Natural Resources 
ordered H.R. 189 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 May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 189, if amended 
as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 189, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
addresses many concerns raised by the National Park Service at 
the subcommittee hearing on H.R. 189. The amendment provides 
for establishment of the park contingent on the Secretary 
acquiring sufficient lands, or on the State or City donating 
the Great Falls State Park, or on an agreement between the 
Secretary and appropriate State and local governments that will 
ensure that non-Federal lands within the park boundary will be 
managed in accordance with this Act. The amendment incorporates 
a new boundary map that reduces the size of the proposed park 
to emphasize the nationally significant sites and structures. 
The amendment also makes several clarifying and conforming 
amendments to make the park's statutory authority consistent 
with other new park units approved by the Committee. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Paterson Great 
Falls National Historical Park Act of 2008''.
    Section 2 defines key terms used in the bill.
    Section 3(a) establishes the Paterson Great Falls National 
Historical Park (the ``park'') in New Jersey at such time as 
any of the following conditions have been met: (1) the 
Secretary of the Interior has acquired sufficient land within 
the boundary on the referenced map to constitute a manageable 
unit; (2) the State of New Jersey or the City of Paterson, as 
appropriate, has entered into a written agreement with the 
Secretary to donate the Great Falls State Park, including 
facilities or park administration and visitor services (or any 
portion of the state park agreed to by the Secretary and the 
State or City); or (3) the Secretary has entered into a written 
agreement with the State, City, or other public entity that the 
land owned by the State, City, or public entity within the 
boundary of the Great Falls Historic District will be managed 
consistent with this Act and that future uses of the historic 
district will be compatible with the designation of the park.
    Subsection (b) states that the purpose of the park is to 
preserve and interpret for the benefit of present and future 
generations certain historical, cultural, and natural resources 
associated with the Great Falls Historic District.
    Subsection (c) lists a number of historic sites that are 
included within the park boundary, as depicted on the 
referenced map.
    Subsection (d) states that the map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service.
    Subsection (e) requires the Secretary to publish notice of 
the establishment of the park not later than 60 days after any 
of the conditions in subsection (a) have been met.
    Section 4(a) directs the Secretary to administer the park 
in accordance with this Act, the National Park Service Organic 
Act (16 U.S.C. 1 et seq.), and the Historic Sites Act of 1935 
(16 U.S.C. 461 et seq.).
    Subsection (b) clarifies that nothing in this Act enlarges, 
diminishes, or modifies any authority of the State of New 
Jersey, the City of Paterson, or any political subdivision of 
the State to exercise civil and criminal jurisdiction, or to 
carry out State laws within the park boundary.
    Subsection (c) authorizes the Secretary to enter into 
cooperative agreements with the owner of the Great Falls 
Visitor Center or any nationally significant properties within 
the park boundary under which the Secretary may identify, 
interpret, restore, and provide technical assistance for the 
property. The subsection details the conditions of the 
cooperative agreements, including requirements that the 
National Park Service have a right of access at reasonable 
times to allow for public interpretation of the site, and that 
Federal funding be matched on at least a one-to-one basis with 
non-Federal funds.
    Subsection (d) authorizes the Secretary to acquire lands 
within the park boundary by donation, purchase from a willing 
seller with donated or appropriated funds, or by exchange. 
Lands or interests therein owned by the State or a political 
subdivision of the State may be acquired only by donation.
    Subsection (e) authorizes the Secretary to provide 
technical assistance and public interpretation of related 
historic and cultural resources outside of the park boundary, 
but within the boundary of the historic district.
    Section 5(a) directs the Secretary, in consultation with 
the Paterson Great Falls Advisory Commission established by 
section 6, to complete a management plan for the park not later 
than three fiscal years after the date on which funds are made 
available. The management plan is to be prepared in accordance 
with section 12(b) of the National Park Service General 
Authorities Act (16 U.S.C. 1a-7(b)) and other applicable laws.
    Subsection (b) requires that the management plan include 
provisions that identify costs to be shared by the various 
parties involved with the park, including the Federal 
Government, the State of New Jersey, the City of Paterson, and 
other public or private entities or individuals for necessary 
capital improvements, and park maintenance and operations 
costs.
    Subsection (c) requires the Secretary to submit the 
completed management plan to the House and Senate authorizing 
committees.
    Section 6(a) establishes the nine-member Paterson Great 
Falls National Historical Park Advisory Commission.
    Subsection (b) provides that the duties of the commission 
are to advise the Secretary in the development and 
implementation of the management plan.
    Subsection (c) details the membership composition of the 
commission and provides for the initial appointment of 
commission members.
    Subsections (d) through (h) list requirements for the 
operation of the commission.
    Subsection (i) provides that section 14(b) of the Federal 
Advisory Committee Act ( 5 U.S.C. App.) shall not apply to the 
commission. That subsection requires that any advisory 
committee established by an Act of Congress must file a charter 
upon the expiration of each successive two-year period 
following the date of enactment of the Act establishing the 
advisory committee.
    Subsection (j) terminates the commission ten years after 
the date of enactment of this Act.
    Section 7 directs the Secretary to conduct a study of the 
nearby Hinchliffe Stadium to assess the potential for listing 
the stadium as a National Historic Landmark and provide options 
for maintaining its historic integrity.
    Section 8 authorizes the appropriation of such sums as may 
be necessary.

                   COST AND BUDGETARY CONSIDERATIONS

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

H.R. 189--Paterson Great Falls National Historical Park Act of 2008

    Summary: H.R. 189 would establish the Paterson Great Falls 
National Historical Park 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 2009-2013 period and $1 million a 
year thereafter. 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--
                                 ---------------------------------------
                                   2009    2010    2011    2012    2013
------------------------------------------------------------------------
              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 New 
Jersey. (Although the legislation would authorize the NPS to 
acquire the park site, CBO expects that most of the area would 
continue to be owned by the state, local nonprofit 
organizations, and private landowners.) 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 legislation. The NPS also 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 2009-2013 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, 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 2011-2013 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.
    Previous CBO cost estimate: On July 20, 2007, CBO 
transmitted a cost estimate for H.R. 189 as ordered reported by 
the House Committee on Natural Resources on June 28, 2007. The 
two versions of the legislation are similar, and the estimated 
costs of implementing them are the same.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Leo Lex; Impact on the 
Private Sector: MarDestinee Perez.
    Estimate approved by: Theresa Gullo, 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 H.R. 189. The Act 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 H.R. 189, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 189, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined by rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
September 27, 2007, subcommittee hearing on H.R. 189 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. 148, a bill to establish the Paterson Great 
Falls National Park in the State of New Jersey. The Department 
opposes S. 148.
    The Department has three main objections to the bill. 
First, the Special Resource Study authorized by P.L. 107-59 and 
still under final Departmental review, has preliminarily 
concluded that the resources of the Great Falls Historic 
District do not meet congressionally required criteria for 
designation as a unit of the National Park System. Second, the 
bill includes within the boundary of the proposed unit, a 
resource with no relationship to the documented period of 
historic significance of the Great Falls Historic District or 
of any determined national significance under established 
National Historic Landmark criteria. And third, the bill also 
contains a number of sections that raise crucially important 
concerns as to how the proposed unit would be effectively and 
efficiently managed by the National Park Service.
    The history of the Great Falls Historic District is rich in 
the nation's late 18th and early 19th century movement into the 
industrial revolution. Conceived by Alexander Hamilton as the 
demonstration of his Report on Manufactures to Congress, the 
venture was of clear historic significance. While the Hamilton-
inspired Society for the Establishment of Useful Manufactures 
(S.U.M.) did not achieve the early success envisioned by its 
architect, largely due to diversion of funds by its initial 
governor, William Duer, it became a very successful real estate 
leasing and water power purveyor into the mid 20th century. The 
S.U.M. water power system at the Great Falls, designed by 
Pierre C. L'Enfant, and constructed between 1794 and 1827, was 
an engineering achievement of major importance.
    Over time, industries at the Great Falls produced cotton 
and wool textiles, spun flax, hemp, jute, paper, and other 
products. The site was the location of Samuel Colt's 
unsuccessful first arms factory, and a major center for 
locomotive manufacturing and the production of silk fabrics. 
The latter activity of silk weaving and dyeing, which during 
its heyday produced half of the nation's silk products, earned 
Paterson the label of ``Silk City.'' The District was also an 
important place in labor history, with the unsuccessful Silk 
Strike of 1913 involving an estimated 24,000 workers spurred on 
by the labor organization, the Industrial Workers of the World, 
often referred to as the ``Wobblies.'' John Holland's first 
submarine, ``The Fenian Ram,'' built in New York, was fitted 
with its engine at the Great Falls and made its maiden voyage 
on the Passaic River. While the District was plagued by arson 
impacting or destroying many of its earliest and most important 
mills, the remaining structures have integrity and have been 
and continue to be rehabilitated for housing and other public 
and private adaptive reuses.
    During the course of the Special Resource Study and the 
public comment period for the report which ended on January 30, 
2007, a number of Alexander Hamilton biographers, knowledgeable 
historians, and interested individuals have urged the 
designation of the District as a unit of the National Park 
System because of its seminal role in the industrial revolution 
and its association with Alexander Hamilton. The Department 
concurs that the history of the Great Falls Historic District 
and its remaining resources are of national significance. Its 
designations as a National Historic Landmark and National 
Natural Landmark attest to that significance.
    National significance, although the first criterion 
analyzed in any Special Resource Study, does not alone result 
in a recommendation to Congress for unit designation. The 
resource being studied must also be judged suitable and 
feasible for designation, and a determination must be made that 
there is a need for National Park Service (NPS) management of 
the resource. The National Park Service does not believe that 
the Great Falls Historic District meets these critical criteria 
nor is there a need for NPS management of, or presence at, the 
site.
    Suitability is the determination of whether comparable 
resources to those being studied are already adequately 
represented in the National Park System or protected by other 
public agencies including state and local governments or 
private organizations. The extant resources of the District 
primarily comprise the S.U.M. water power system and the 
remaining elements of a collection of 19th century mills used 
for the manufactures noted above. We believe that within the 
National Park System and among numerous other protected sites, 
there are similar resources adequate to interpret the major 
theme categories also associated with the Great Falls Historic 
District, whether they represent comparable manufacturing 
enterprises, early water power, labor unrest of the same 
period, or sites associated with Alexander Hamilton's 
contributions to our nation. In the National Park System 
itself, Lowell National Historical Park contains comparable 
mill resources and tells the stories associated with our 
nation's industrial revolution, including those of immigrant 
workers and labor unrest. The John H. Chafee Blackstone River 
Valley National Heritage Area contains Slater's Mill, the first 
successful textile manufacturing enterprise in the nation. The 
Special Resource Study documents many examples of similar 
resources and themes within and outside of the National Park 
System. NPS sites associated with Alexander Hamilton include 
his home, Hamilton Grange, in New York City and, of course, 
Independence National Historical Park in Philadelphia.
    The feasibility analysis conducted by the National Park 
Service estimates the costs for planning, developing and 
operating a unit at the Great Falls to range from $20 to $34 
million dollars over a ten-year period. This estimate assumes a 
small staffing contingent and no major NPS ownership of 
resources at the site. In the difficult budget climate facing 
federal agencies, we believe these costs would negatively 
impact finite resources available to other units of the 
National Park System in the Northeast Region and that lesser 
and equally effective cost alternatives are available through a 
partnership between the NPS and the State of New Jersey. We 
believe the costs to implement the provisions of S. 148 would 
far exceed this estimate.
    In late 2004 the State of New Jersey established the Great 
Falls State Park in the Historic District. The boundaries of 
the park contain the primary resources related to the S.U.M. 
water power system and the earliest mill sites. The State has 
recently completed a design competition for phase 1 of the park 
and has pledged $10,000,000 for park improvements. The 
Department believes that the Division of Parks and Forestry of 
the New Jersey State Department of Environmental Protection, 
which manages both natural and cultural resources of national 
significance throughout the State, is fully capable of 
providing the stewardship necessary to protect the critical 
resources associated with Alexander Hamilton and the S.U.M. 
Therefore, we believe there is no need for NPS management of 
these resources. We understand that many state park systems are 
encountering necessary budgetary constraints similar to those 
of the National Park Service. We do not believe this 
constitutes a reason to supplant any state's management of 
resources.
    The Department also has strong concerns with a number of 
provisions of S. 148 that go beyond the fact that the Great 
Falls Historic District fails to meet congressionally required 
criteria for designation. The bill includes Hinchliffe Stadium 
within the proposed boundary of the unit. Hinchliffe Stadium, 
built during the 1930s, has important associations with the 
Negro Baseball Leagues, serving during periods as the home 
field for the New York Black Yankees. It is also the site where 
Larry Doby, the second African American to play in the 
previously all white major leagues, played high school 
baseball. The site is listed on the National Register of 
Historic Places, but currently is listed as ``locally,'' rather 
than ``nationally'' significant. To be considered as a unit of 
the National Park System, resources must be determined to meet 
the criteria for National Historic Landmark (NHL) designation. 
This resource is far from being considered for NHL status and 
no nomination for such a designation has been presented to the 
Department. Hinchliffe Stadium also has no connection to the 
NHL determined period of historical significance of the Great 
Falls Historic District, and we believe it should not be 
considered for unit designation. Costs associated with 
maintaining and improving the site would also be significant 
due to its present deteriorated condition.
    S. 148 contains other provisions that cause the Department 
concern. In section 6(d), for example, the bill provides a 
process for approval of the park's management plan more common 
to Affiliated Areas of the National Park System or national 
heritage areas. In section 7, the bill creates a federal 
commission to coordinate management of the park. In section 8, 
an advisory council is provided, also appointed by the 
Secretary, to advise the group created in section 7. In section 
10(c), the bill appears to provide for authority to the 
Secretary to condemn property for Federal ownership under 
certain circumstances. Congress has been reluctant to extend 
this authority in recent park legislation.
    Section 11(b) provides a matching requirement that for 
every one federal dollar the value in cash or in-kind of three 
non-federal dollars must be available. In effect, annual 
funding to operate the national park unit would be contingent 
upon the availability of non-federal donations. The Department 
has concerns with taking on this permanent funding obligation 
under the assumption that some of the costs would be covered 
through private fundraising since appropriations would be 
required if private funds proved to be insufficient. While 
philanthropic donations can and do help to enhance park 
activities, facilities and resources, they should not be relied 
upon to support core operations, including the salaries for 
permanent staff.
    We have specific concerns about the viability of raising 
funds for this purpose based on our past experience working in 
Paterson. While during the study period, advocates for unit 
designation have stated (as does section 2(a)(10) of the bill) 
that significant funding for the park will be available from 
private donors if the unit is established, attempts to verify 
any tangible evidence of private funding interests were met 
with the simple explanation that ``They will not identify 
themselves unless and until the park is created.'' In 1996, 
Congress authorized $3.3 million through the Omnibus Parks and 
Public Lands Management Act (section 510) in technical 
assistance, grants, and infrastructure improvements. All 
funding required a 50 percent local match, yet over the past 11 
years, no local matching funds have been made available under 
this authority.
    S. 148 contains other technical and substantive provisions 
of concern that are incompatible with current unit designation 
and park management practices.
    In conclusion, Mr. Chairman, the Special Resource Study of 
the Great Falls Historic District does suggest a pathway to an 
effective partnership with the State of New Jersey to protect 
and interpret the nationally significant resources of the 
District. It provides for possible congressional consideration 
of a Great Falls National Historic Site, as an Affiliated Area 
of the National Park System, with technical and financial 
assistance provided by the Secretary of the Interior to the 
State of New Jersey. We believe that time spent exploring this 
alternative could enhance the protection of the District's 
resources by establishing a strong partnership between the NPS 
and the New Jersey Department of Environmental Protection, one 
not dissimilar to the very productive partnership we have 
enjoyed with the State of New Jersey in its 25 years of 
management of the congressionally designated 1.1 million acre 
New Jersey Pinelands National Reserve.
    Thank you for the opportunity to present the Department's 
position on this bill. This concludes my prepared remarks and 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 Act, H.R. 189, as 
ordered reported.

                                  
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