[House Report 113-438]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-438

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



 
                    HINCHLIFFE STADIUM HERITAGE ACT

                                _______
                                

  May 6, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2430]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2430) to adjust the boundaries of Paterson Great 
Falls National Historical Park to include Hinchliffe Stadium, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hinchliffe Stadium Heritage Act''.

SEC. 2. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK BOUNDARY 
                    ADJUSTMENT.

  Section 7001 of the Omnibus Public Land Management Act of 2009 (16 
U.S.C. 410lll) is amended as follows:
          (1) In subsection (b)(3)--
                  (A) by striking ``The Park shall'' and inserting 
                ``(A) The Park shall'';
                  (B) by redesignating subparagraphs (A) through (G) as 
                clauses (i) through (vii), respectively; and
                  (C) by adding at the end the following:
                  ``(B) In addition to the lands described in 
                subparagraph (A), the Park shall include the 
                approximately 6 acres of land containing Hinchliffe 
                Stadium and generally depicted as the `Boundary 
                Modification Area' on the map entitled `Paterson Great 
                Falls National Historical Park, Proposed Boundary 
                Modification', numbered T03/120,155, and dated April 
                2014, which shall be administered as part of the Park 
                in accordance with subsection (c)(1) and section 3 of 
                the Hinchliffe Stadium Heritage Act.''.
          (2) In subsection (b)(4), by striking ``The Map'' and 
        inserting ``The Map and the map referred to in paragraph 
        (3)(B)''.
          (3) In subsection (c)(4)--
                  (A) in subparagraph (A), by striking ``The 
                Secretary'' and inserting ``Except as provided in 
                subparagraphs (B) and (C), the Secretary''; and
                  (B) by inserting after subparagraph (B) the 
                following:
                  ``(C) Hinchliffe stadium.--The Secretary may not 
                acquire fee title to Hinchliffe Stadium, but may 
                acquire a preservation easement in Hinchliffe Stadium 
                if the Secretary determines that doing so will 
                facilitate resource protection of the stadium.''.

SEC. 3. ADDITIONAL CONSIDERATIONS FOR HINCHLIFFE STADIUM.

  In administering the approximately 6 acres of land containing 
Hinchliffe Stadium and generally depicted as the ``Boundary 
Modification Area'' on the map entitled ``Paterson Great Falls National 
Historical Park, Proposed Boundary Modification'', numbered T03/
120,155, and dated April 2014, the Secretary of the Interior--
          (1) may not include non-Federal property within the 
        approximately 6 acres of land as part of Paterson Great Falls 
        National Historical Park without the written consent of the 
        owner;
          (2) may not acquire by condemnation any land or interests in 
        land within the approximately 6 acres of land; and
          (3) shall not construe this Act or the amendments made by 
        this Act to create buffer zones outside the boundaries of the 
        Paterson Great Falls National Historical Park. That activities 
        or uses can be seen, heard or detected from areas within the 
        approximately 6 acres of land added to the Paterson Great Falls 
        National Historical Park by this Act shall not preclude, limit, 
        control, regulate or determine the conduct or management of 
        activities or uses outside of the Paterson Great Falls National 
        Historical Park.

                          Purpose of the Bill

    The purpose of H.R. 2430 is to adjust the boundaries of 
Paterson Great Falls National Historical Park to include 
Hinchliffe Stadium.

                  Background and Need for Legislation

    Hinchliffe Stadium is an historic 10,000-seat municipal 
stadium in Paterson, New Jersey, built in 1931-1932 and 
surrounded by the city's National Landmark Historic District. 
It is one of only a handful of stadiums surviving that once 
played host to significant Negro League baseball.
    When Congress created the Paterson Great Falls National 
Historical Park in 2009, it also requested a study of the 
stadium as a possible National Historic Landmark. Following a 
successful finding, the designation was made in March 2013.
    The stadium was originally owned by the municipality, but 
eventually passed to the school system. After years of 
deterioration, it was taken out of use in the mid-1990s. 
Currently, work has been approved by the city that will 
continue restoration work.
    H.R. 2430 amends the boundaries of the National Park 
Service managed Paterson Great Falls National Historical Park 
to include the stadium, but does not require federal ownership. 
Under current law, the property could only be acquired by 
donation.
    During Full Committee markup of the bill, the Committee 
adopted an amendment offered by Congressman Raul M. Grijalva 
(D-AZ) that would prohibit the Secretary of the Interior from 
acquiring title to the stadium. The committee also adopted an 
amendment offered by Congressman Rob Bishop (R-UT) that would 
prohibit condemnation, require written consent of the owner to 
include the stadium in the park boundaries, and prevent the 
creation of buffer zones.

                            Committee Action

    H.R. 2430 was introduced on June 19, 2013, by Congresswoman 
Bill Pascrell, Jr. (D-NJ). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
March 6, 2014, the Subcommittee held a hearing on the bill. On 
April 9, 2014, the Full Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an amendment designated 
#1; the amendment was adopted by unanimous consent. Congressman 
Raul Grijalva (D-AZ) offered an amendment designated .020; the 
amendment was adopted by unanimous consent. The bill, as 
amended, was then adopted and ordered favorably reported to the 
House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2430--Hinchliffe Stadium Heritage Act of 2013

    H.R. 2430 would expand the Paterson Great Falls National 
Historical Park in the state of New Jersey to include the 
Hinchliffe Stadium. In March 2013, the National Park Service 
(NPS) designated the stadium as a national historic landmark. 
Based on information provided by NPS, CBO estimates that 
implementing the legislation would have no significant effect 
on the federal budget. Enacting H.R. 2430 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    CBO estimates that the legislation would not significantly 
increase the park's operation costs and would not increase the 
cost to acquire land for the park unit. H.R. 2430 would 
authorize NPS to acquire a preservation easement for the 
stadium and would prohibit the acquisition of title to the 
property. CBO estimates that the legislation would increase 
costs for survey work and the transfer of an easement. However, 
those costs would be less than $100,000. CBO estimates that any 
spending for cooperative agreements with the stadium owners 
under H.R. 2430 to restore the stadium also could be incurred 
under current law.
    H.R. 2430 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the National Park Service, CBO 
estimates that implementing the legislation would have no 
significant effect on the federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to adjust the boundaries of Paterson 
Great Falls National Historical Park to include Hinchliffe 
Stadium.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009

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            TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

           Subtitle A--Additions to the National Park System

SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, NEW JERSEY.

  (a) Definitions.--In this section:
          (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 subsection (e)(1).
          (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 
        subsection (d).
          (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 
        subsection (b)(1)(A).
          (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (8) State.--The term ``State'' means the State of New 
        Jersey.
  (b) Paterson Great Falls National Historical Park.--
          (1) Establishment.--
                  (A) In general.--Subject to subparagraph (B), 
                there is established in the State a unit of the 
                National Park System to be known as the 
                ``Paterson Great Falls National Historical 
                Park''.
                  (B) Conditions for establishment.--The Park 
                shall not be established until the date on 
                which the Secretary determines that--
                          (i)(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--
                                          (aa) the Great Falls 
                                        State Park, including 
                                        facilities for Park 
                                        administration and 
                                        visitor services; or
                                          (bb) any portion of 
                                        the Great Falls State 
                                        Park agreed to between 
                                        the Secretary and the 
                                        State or City; and
                          (ii) 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 section; and
                                  (II) future uses of land 
                                within the Historic District 
                                will be compatible with the 
                                designation of the Park.
          (2) 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.
          (3) Boundaries.--[The Park shall] (A) The Park shall 
        include the following sites, as generally depicted on 
        the Map:
                          [(A)] (i) The upper, middle, and 
                        lower raceways.
                          [(B)] (ii) Mary Ellen Kramer (Great 
                        Falls) Park and adjacent land owned by 
                        the City.
                          [(C)] (iii) A portion of Upper 
                        Raceway Park, including the Ivanhoe 
                        Wheelhouse and the Society for 
                        Establishing Useful Manufactures 
                        Gatehouse.
                          [(D)] (iv) Overlook Park and adjacent 
                        land, including the Society for 
                        Establishing Useful Manufactures 
                        Hydroelectric Plant and Administration 
                        Building.
                          [(E)] (v) The Allied Textile Printing 
                        site, including the Colt Gun Mill 
                        ruins, Mallory Mill ruins, Waverly Mill 
                        ruins, and Todd Mill ruins.
                          [(F)] (vi) The Rogers Locomotive 
                        Company Erecting Shop, including the 
                        Paterson Museum.
                          [(G)] (vii) The Great Falls Visitor 
                        Center.
          (B) In addition to the lands described in 
        subparagraph (A), the Park shall include the 
        approximately 6 acres of land containing Hinchliffe 
        Stadium and generally depicted as the ``Boundary 
        Modification Area'' on the map entitled ``Paterson 
        Great Falls National Historical Park, Proposed Boundary 
        Modification'', numbered T03/120,155, and dated April 
        2014, which shall be administered as part of the Park 
        in accordance with subsection (c)(1) and section 3 of 
        the Hinchliffe Stadium Heritage Act.
          (4) Availability of map.--[The Map] The Map and the 
        map referred to in paragraph (3)(B) shall be on file 
        and available for public inspection in the appropriate 
        offices of the National Park Service.
          (5) Publication of notice.--Not later than 60 days 
        after the date on which the conditions in clauses (i) 
        and (ii) of paragraph (1)(B) 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.
  (c) Administration.--
          (1) In general.--The Secretary shall administer the 
        Park in accordance with--
                  (A) this section; and
                  (B) the laws generally applicable to units of 
                the National Park System, including--
                          (i) the National Park Service Organic 
                        Act (16 U.S.C. 1 et seq.); and
                          (ii) the Act of August 21, 1935 (16 
                        U.S.C. 461 et seq.).
          (2) State and local jurisdiction.--Nothing in this 
        section enlarges, diminishes, or modifies any authority 
        of the State, or any political subdivision of the State 
        (including the City)--
                  (A) to exercise civil and criminal 
                jurisdiction; or
                  (B) to carry out State laws (including 
                regulations) and rules on non-Federal land 
                located within the boundary of the Park.
          (3) Cooperative agreements.--
                  (A) In general.--As the Secretary determines 
                to be appropriate to carry out this section, 
                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.
                  (B) Right of access.--A cooperative agreement 
                entered into under subparagraph (A) 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--
                          (i) conducting visitors through the 
                        properties; and
                          (ii) interpreting the properties for 
                        the public.
                  (C) Changes or alterations.--No changes or 
                alterations shall be made to any properties 
                covered by a cooperative agreement entered into 
                under subparagraph (A) unless the Secretary and 
                the other party to the agreement agree to the 
                changes or alterations.
                  (D) Conversion, use, or disposal.--Any 
                payment made by the Secretary under this 
                paragraph shall be subject to an agreement that 
                the conversion, use, or disposal of a project 
                for purposes contrary to the purposes of this 
                section, as determined by the Secretary, shall 
                entitle the United States to reimbursement in 
                amount equal to the greater of--
                          (i) the amounts made available to the 
                        project by the United States; or
                          (ii) the portion of the increased 
                        value of the project attributable to 
                        the amounts made available under this 
                        paragraph, as determined at the time of 
                        the conversion, use, or, disposal.
                  (E) Matching funds.--
                          (i) In general.--As a condition of 
                        the receipt of funds under this 
                        paragraph, 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.
                          (ii) Form.--With the approval of the 
                        Secretary, the non-Federal share 
                        required under clause (i) may be in the 
                        form of donated property, goods, or 
                        services from a non-Federal source.
          (4) Acquisition of land.--
                  (A) In general.--[The Secretary] Except as 
                provided in subparagraphs (B) and (C), 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.
                  (B) 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.
                  (C) Hinchliffe stadium.--The Secretary may 
                not acquire fee title to Hinchliffe Stadium, 
                but may acquire a preservation easement in 
                Hinchliffe Stadium if the Secretary determines 
                that doing so will facilitate resource 
                protection of the stadium.
          (5) 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.
  (d) Management Plan.--
          (1) In general.--Not later than 3 fiscal years after 
        the date on which funds are made available to carry out 
        this subsection, the Secretary, in consultation with 
        the Commission, shall complete a management plan for 
        the Park in accordance with--
                  (A) 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
                  (B) other applicable laws.
          (2) 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.
          (3) Submission to congress.--On completion of the 
        management plan, the Secretary shall submit the 
        management plan to--
                  (A) the Committee on Energy and Natural 
                Resources of the Senate; and
                  (B) the Committee on Natural Resources of the 
                House of Representatives.
  (e) Paterson Great Falls National Historical Park Advisory 
Commission.--
          (1) Establishment.--There is established a commission 
        to be known as the ``Paterson Great Falls National 
        Historical Park Advisory Commission''.
          (2) Duties.--The duties of the Commission shall be to 
        advise the Secretary in the development and 
        implementation of the management plan.
          (3) Membership.--
                  (A) Composition.--The Commission shall be 
                composed of 9 members, to be appointed by the 
                Secretary, of whom--
                          (i) 4 members shall be appointed 
                        after consideration of recommendations 
                        submitted by the Governor of the State;
                          (ii) 2 members shall be appointed 
                        after consideration of recommendations 
                        submitted by the City Council of 
                        Paterson, New Jersey;
                          (iii) 1 member shall be appointed 
                        after consideration of recommendations 
                        submitted by the Board of Chosen 
                        Freeholders of Passaic County, New 
                        Jersey; and
                          (iv) 2 members shall have experience 
                        with national parks and historic 
                        preservation.
                  (B) Initial appointments.--The Secretary 
                shall appoint the initial members of the 
                Commission not later than the earlier of--
                          (i) the date that is 30 days after 
                        the date on which the Secretary has 
                        received all of the recommendations for 
                        appointments under subparagraph (A); or
                          (ii) the date that is 30 days after 
                        the Park is established in accordance 
                        with subsection (b).
          (4) Term; vacancies.--
                  (A) Term.--
                          (i) In general.--A member shall be 
                        appointed for a term of 3 years.
                          (ii) Reappointment.--A member may be 
                        reappointed for not more than 1 
                        additional term.
                  (B) Vacancies.--A vacancy on the Commission 
                shall be filled in the same manner as the 
                original appointment was made.
          (5) Meetings.--The Commission shall meet at the call 
        of--
                  (A) the Chairperson; or
                  (B) a majority of the members of the 
                Commission.
          (6) Quorum.--A majority of the Commission shall 
        constitute a quorum.
          (7) Chairperson and vice chairperson.--
                  (A) In general.--The Commission shall select 
                a Chairperson and Vice Chairperson from among 
                the members of the Commission.
                  (B) Vice chairperson.--The Vice Chairperson 
                shall serve as Chairperson in the absence of 
                the Chairperson.
                  (C) Term.--A member may serve as Chairperson 
                or Vice Chairman for not more than 1 year in 
                each office.
          (8) Commission personnel matters.--
                  (A) Compensation of members.--
                          (i) In general.--Members of the 
                        Commission shall serve without 
                        compensation.
                          (ii) 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.
                  (B) Staff.--
                          (i) 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.
                          (ii) 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.
          (9) FACA nonapplicability.--Section 14(b) of the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall 
        not apply to the Commission.
          (10) Termination.--The Commission shall terminate 10 
        years after the date of enactment of this Act.
  (f) Study of Hinchliffe Stadium.--
          (1) In general.--Not later than 3 fiscal years after 
        the date on which funds are made available to carry out 
        this section, the Secretary shall complete a study 
        regarding the preservation and interpretation of 
        Hinchliffe Stadium, which is listed on the National 
        Register of Historic Places.
          (2) Inclusions.--The study shall include an 
        assessment of--
                  (A) the potential for listing the stadium as 
                a National Historic Landmark; and
                  (B) options for maintaining the historic 
                integrity of Hinchliffe Stadium.
  (g) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as are necessary to carry out this 
section.

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