[Senate Report 110-376]
[From the U.S. Government Publishing Office]
Calendar No. 808
110th Congress Report
SENATE
2d Session 110-376
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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.