[Senate Report 113-62]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 116
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-62

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



 
            BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and National Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 371]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 371) to establish the Blackstone River 
Valley National Historical Park, to dedicate the Park to John 
H. Chafee, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                Purpose

    The purpose of S. 371 is to authorize the Secretary of the 
Interior to establish the Blackstone River Valley National 
Historical Park in the States of Rhode Island and Massachusetts 
as a unit of the National Park System and to dedicate the park 
to former Senator John H. Chafee.

                          Background and Need

    The Blackstone River Valley National Heritage Corridor 
(Corridor) was established by Public Law 99-647 in 1986 to 
preserve and interpret the unique and significant contributions 
to our national heritage of historic and cultural lands, 
waterways, and structures within the Blackstone River Valley in 
the states of Massachusetts and Rhode Island. The Corridor is 
the origin of America's textile industry and influenced the 
course of the American industrial revolution. America's 
transition from agriculture to industry manifested in the 
Corridor as a long-lasting and significant center of 
manufacturing that remains intact and visible today. Initially 
located within 19 municipalities, the Corridor was expanded in 
1996 to encompass all or part of 24 communities from Worcester, 
Massachusetts, to Providence, Rhode Island. The Corridor is now 
home to nearly 600,000 people, covering 400,000 acres of the 
Blackstone River Valley. Development of the Corridor has 
generated numerous local partnerships and provides economic 
benefits to the associated communities from tourism and 
recreation.
    The Blackstone River Valley National Historical Park would 
encompass much of the area within the Corridor in both Rhode 
Island and Massachusetts, including the Blackstone River and 
its tributaries; the Blackstone Canal; the non-contiguous 
nationally significant historic districts of Old Slater Mill in 
Pawtucket; the villages of Slatersville (in North Smithfield) 
and Ashton (in Cumberland), Rhode Island; and Whitinsville (in 
Northbridge) and Hopedale in Massachusetts.
    In 2011, the National Park Service completed a special 
resource study which identified the industrial heritage 
resources of the Blackstone River Valley and determined that 
the Corridor contained nationally significant resources which 
were suitable and feasible for inclusion in the National Park 
System. It also identified the continued need for partnerships 
in the management of the resource. The legislation also 
established the Blackstone River Valley National Heritage 
Corridor Commission to facilitate the development and 
implementation of a management plan for the Corridor. The 
authority for the Commission expires on September 30, 2013.

                          Legislative History

    Senators Reed, Whitehouse, Warren, and Cowan introduced S. 
371 on February 14, 2013. The Subcommittee on National Parks 
held a hearing on S. 371 on April 23, 2013. At its business 
meeting on May 16, 2013 the Committee ordered S. 371 favorably 
reported.
    In the 112th Congress, Senator Reed introduced similar 
legislation, S. 1708, on October 13, 2011. The Subcommittee on 
National Parks held a hearing on S. 1708 on March 7, 2012 (S. 
Hrg. 112-401).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 371.
    Senators Barrasso, Risch, Lee, Flake, Scott and Portman 
asked to be recorded as voting no.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Blackstone River 
Valley National Historical Park Establishment Act''.
    Section 2 lists the purposes for which the Blackstone River 
Valley National Historical Park is established.
    Section 3 defines key terms used in the bill.
    Section 4(a) establishes the Blackstone River National 
Historical Park a unit of the National Park System.
    Subsection (b) defines the historic sites, districts, and 
other areas that are included in the Park.
    Subsection (c)(1) authorizes the Secretary of the Interior 
(Secretary) to acquire land or interests in land for inclusion 
in the park boundary by donation, purchase from a willing 
seller with donated or appropriated funds, or exchange.
    Paragraph (2) directs the Secretary to establish a boundary 
for the Park upon determining that a sufficient quantity land 
or interests in land has been acquired to constitute a 
manageable park unit, and to publish a boundary map in the 
Federal Register.
    Paragraph (3) authorizes the Secretary to include within 
the boundary of the Park resources that are the subject of an 
agreement with the States or a subdivision of the States.
    Paragraphs (4) and (5) provide that the boundary map shall 
be adjusted when additional land or interest in land is 
acquired and that the map be available for public inspection in 
the appropriate offices of the National Park Service.
    Paragraph (6) authorizes the Secretary to acquire not more 
than 10 acres in Woonsocket, Rhode Island, for the development 
of facilities for the Park.
    Paragraph (7) requires that land owned by the States or a 
political subdivision of the States be acquired only by 
donation.
    Subsection (d)(1) provides that the Park be managed in 
accordance with to the laws generally applicable to units of 
the National Park Service and this section.
    Paragraph (2) requires that Secretary prepare a general 
management plan for the park in consultation with the States 
and other interested parties and that the plan consider ways to 
use preexisting or planned visitor facilities and recreational 
opportunities developed in the National Heritage Corridor.
    Paragraph (3) authorizes the Secretary to provide 
assistance to sites and resources in the National Heritage 
Corridor that are located outside the boundary of the Park and 
associated with the purposes for which the Park was 
established.
    Paragraph (4)(A) provides the Secretary with the authority 
to enter into cooperative agreements with the States, political 
subdivisions of the States, nonprofit organizations, and other 
interested parties, except that the Secretary may not provide 
more than 50 percent of the cost of any natural, historic, or 
cultural resource protection project in the Park.
    Subparagraph (B) requires that any Federal funds made 
available under a cooperative agreement under this section be 
matched on a one to one basis.
    Subparagraph (C) provides that any payment made under 
subparagraph (A)(ii) be subject to an agreement that allows the 
United States to seek reimbursement if the Secretary determines 
that the conversion, use, or disposal of the project is for 
purposes inconsistent with the purposes of this section.
    Subparagraph (D) requires that any cooperative agreement 
entered into provide reasonable public access to the resources 
covered by the cooperative agreement.
    Subsection (e) dedicates the Park to former Rhode Island 
Senator John H. Chafee and requires the Secretary to display a 
memorial at an appropriate location in the Park.
    Section 5 amends Public Law 99-647 (16 U.S.C. 461 note; 100 
Stat. 3625), the legislation pertaining to the John H. Chafee 
Blackstone River Valley National Heritage Corridor.
    Paragraph (1) updates the map reference in section 2 of 
that law.
    Paragraph (2) amends section 7 of Public Law 99-647 to 
designate the Blackstone River Valley National Heritage 
Corridor, Inc., as the local coordinating entity, authorize the 
local coordinating entity to assume the duties of the 
Commission for the implementation of the land management plan, 
to obtain funds from any source and use those funds to make 
grants, enter into cooperative agreements and hire and 
compensate staff.
    Paragraph (3) amends section 8 of Public Law 99-647 to 
authorize the Secretary to enter into cooperative agreements, 
with the local coordinating entity and other public or private 
persons to provide technical assistance and implement the 
management plan and directs the Secretary to enter into a 
memorandum of understanding with the local coordinating entity 
to ensure the appropriate transition of management and 
coordinate the implementation of the Cultural Heritage and Land 
Management Plan.
    Paragraph (4) amends section 10 of Public Law 99-647 to 
extend the authorization of appropriation for the Commission 
through September 30, 2016.
    Paragraph (5) adds new section 11 of Public Law 99-647 to 
note that any reference to the Commission in certain sections 
shall be considered to be a reference, to the local 
coordinating entity.
    Section 6 authorizes such sums as are necessary to carry 
out section 2 through 4.

                   Cost and Budgetary Considerations

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

S. 371--Blackstone River Valley National Historical Park Establishment 
        Act

    Summary: S. 371 would establish the Blackstone River Valley 
National Historical Park in and around the existing Blackstone 
River Valley National Heritage Corridor in the states of 
Massachusetts and Rhode Island. Under the legislation, the 
proposed park would be dedicated to John H. Chafee, and a 
memorial would be displayed within the park.
    Based on information provided by the National Park Service 
(NPS), CBO estimates that implementing the bill would cost $26 
million over the 2014-2018 period, assuming appropriation of 
the necessary amounts. Pay-as-you-go procedures do not apply to 
this legislation because it would not affect direct spending or 
revenues.
    S. 371 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 371 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--
                                                    ------------------------------------------------------------
                                                       2014      2015      2016      2017      2018    2013-2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................        15         4         4         3         3         29
Estimated Outlays..................................         9         6         5         3         3         26
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2013 and that the 
necessary amounts will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
similar activities.
    S. 371 would establish a new unit of the National Park 
System in the states of Massachusetts and Rhode Island. CBO 
estimates that the cost of implementing S. 371 would total $26 
million over the 2014-2018 period. We estimate that the NPS 
would spend nearly $5 million to acquire property interests to 
comprise the new park. In addition, the NPS would spend more 
than $6 million to construct facilities, rehabilitate sites, 
and conduct research for the proposed park. Annual operating 
costs for the proposed park would total about $3 million 
beginning in 2015.
    The legislation would also designate the Blackstone River 
Valley National Heritage Corridor, Inc. as the local 
coordinating entity to disburse grants and support the 
activities of partner organizations. The legislation would 
authorize the appropriation of $1 million per year through 2016 
and would cost $3 million over the 2014-2018 period.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 371 
contains no intergovernmental or private-sector mandates as 
defined by UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Martin von Gnechten; 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell; Impact on the Private Sector: Amy Petz.
    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 S. 371.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 371, as ordered reported.

                   Congressionally Directed Spending

    S. 371, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
April 23, 2013, Subcommittee on National Parks hearing on S. 
371 follows:

  Statement of Peggy O'Dell, Deputy Director for Operations, National 
                Park Service, Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 371, a bill to establish the Blackstone River 
Valley National Historical Park, to dedicate the Park to John 
H. Chafee, and for other purposes.
    The Department supports S. 371.
    S. 371 would establish a new unit of the National Park 
System, the Blackstone River Valley National Historical Park 
(Park) within the existing, bi-state, Blackstone River Valley 
National Heritage Corridor (Corridor) that extends from 
Worcester, Massachusetts, to Providence, Rhode Island. The bill 
directs the Secretary of the Interior (Secretary) to establish 
a park boundary after acquiring a sufficient amount of land or 
interests in land containing the historic resources to 
constitute a manageable park unit. The bill allows the 
Secretary to include in the boundary resources that are subject 
to a cooperative agreement with either of the two states or 
their political subdivisions. It authorizes the Secretary to 
enter into cooperative agreements with nonprofit organizations, 
including the coordinating entity for the Corridor, as well as 
state and local governments, for the purpose of collaborating 
on programs, projects, and activities that further the purposes 
of the Park. It also permits the acquisition of up to 10 acres 
in Woonsocket, Rhode Island for the development of facilities 
for the Park.
    The bill directs the Secretary to complete a General 
Management Plan for the Park within three years after funds are 
made available. Among other things, the plan must seek to make 
maximum practicable use of certain named visitor facilities in 
the Corridor that are operated by Corridor partners, many of 
which were developed with significant investment of federal 
funds. The bill also allows the Secretary to provide technical 
assistance, visitor services, interpretive tours and 
educational programs to sites outside the boundary of the Park 
that are within the Corridor. And, the bill dedicates the Park 
to former Senator John H. Chafee and requires the Secretary to 
display an appropriate memorial to him.
    Finally, the bill amends the authorization for the John H. 
Chafee Blackstone River Valley National Heritage Corridor to 
provide for a non-profit organization, the Blackstone River 
Valley National Heritage Corridor, Inc., to be the local 
coordinating entity for the Corridor. This entity would assume 
the responsibility for coordinating activities for the Corridor 
that have rested with the Blackstone River Valley Heritage 
Corridor Commission since the National Heritage Area was first 
established. The new coordinating entity would be eligible to 
receive National Heritage Area funding through the end of 
fiscal 2016.
    S. 371 reflects the findings of the special resource study 
that the National Park Service (NPS) completed in accordance 
with Public Law 109-338, which directed the NPS to conduct the 
study to ``evaluate the possibility of (A) designating one or 
more sites or landscape features as a unit of the National Park 
System; and (B) coordinating and complementing actions by the 
[Corridor] Commission, local governments, and State and Federal 
agencies, in the preservation and interpretation of significant 
resources within the Corridor.'' The NPS consulted with Native 
American tribes associated with the Blackstone River Valley in 
the preparation of the study.
    The study evaluated a broad range of sites, features and 
resources throughout the Blackstone River Valley and concluded 
that the following meet the criteria for designation as a unit 
of the National Park System: Old Slater Mill National Historic 
Landmark district in Pawtucket, Rhode Island, the historic mill 
villages of Ashton and Slatersville in Rhode Island, and 
Hopedale and Whitinsville in Massachusetts; the Blackstone 
River and its tributaries; and the Blackstone Canal. The study 
also evaluated various management alternatives with different 
scopes and levels of NPS involvement. The preferred alternative 
was a new unit of the National Park System that consists of 
these sites and features, and that would partner with the 
coordinating entity for the Corridor and others to undertake 
the protection and interpretation of these resources.
    If established based upon the management alternative 
recommended in the study, we estimate that the cost to create 
the Park would be $6.1 million in one-time expenditures on 
research, planning, construction and/or rehabilitation, and 
exhibits. When the Park is fully established, operational costs 
are estimated to be $3.5 million annually for salaries, 
supplies and equipment. All funds would be subject to NPS 
priorities and the availability of appropriations.
    We would like to thank the sponsor, Senator Reed, and the 
committee for working with us in making changes to last 
Congress' version of this legislation. We appreciate that this 
legislation now includes a matching requirement for the 
expenditure of Federal funds under cooperative agreements, 
authority to acquire land for administrative purposes in 
Woonsocket, where the NPS currently has office space, and an 
appropriate recognition for Senator John H. Chafee's role in 
preserving the resources of the Blackstone River Valley that 
does not set a precedent in naming the park for a congressional 
sponsor, as the previous version would have done.
    Mr. Chairman, that concludes my statement. I would be happy 
to answer any questions that you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 371, as ordered 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):

                    (Public Law 99-647; as amended)


   AN ACT To establish the Blackstone River Valley National Heritage 
              Corridor in Massachusetts and Rhode Island.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

           *       *       *       *       *       *       *


                     BOUNDARIES AND ADMINISTRATION

    Sec. 2. (a) Boundaries.--The boundaries shall include the 
lands and water generally depicted on [the map entitled 
`Blackstone River Valley National Heritage Corridor Boundary 
Map', numbered BRV-80-80-001, and dated May 2, 1993] the map 
entitled ``John H. Chafee Blackstone River Valley, National 
Heritage Corridor--Proposed Boundary'', numbered 011/111530, 
and dated November 10, 2011. The map shall be on file and 
available for public inspection in the office of the Department 
of the Interior in Washington, D.C. and the Massachusetts and 
Rhode Island Departments of Environmental Management. The 
Secretary of the Interior (hereafter referred to as 
``Secretary'') shall publish in the Federal Register, as soon 
as practical after the date of enactment of this Act a detailed 
description and map of the boundaries established under this 
subsection.

           *       *       *       *       *       *       *

    Sec. 7. [Termination of Commission] Termination of 
Commission; Designation of Local Coordinating Entity.
    [The Commission] (a) In General.--The Commission shall 
terminate on September 30, 2013.
    (b) Local Coordinating Entity.----
          (1) Designation.--The Blackstone River Valley 
        National Heritage Corridor, Inc., shall be the local 
        coordinating entity for the Corridor (referred to in 
        this section as the ``local coordinating entity'').
          (2) Implementation of management plan.--The local 
        coordinating entity shall assume the duties of the 
        Commission for the implementation of the Cultural 
        Heritage and Land Management Plan developed and 
        approved under section 6.
    (c) Use of Funds.--For the purposes of carrying out the 
management plan, the local coordinating entity may use amounts 
made available under this Act--
          (1) to make grants to the States of Massachusetts and 
        Rhode Island (referred to in this section as the 
        ``States''), political subdivisions of the States, 
        nonprofit organizations, and other persons;
          (2) to enter into cooperative agreements with or 
        provide technical assistance to the States, political 
        subdivisions of the States, nonprofit organizations, 
        Federal agencies, and other interested parties;
          (3) to hire and compensate staff, including 
        individuals with expertise in--
                  (A) natural, historical, cultural, 
                educational, scenic, and recreational resource 
                conservation;
                  (B) economic, and community development; or
                  (C) heritage planning;
          (4) to obtain funds or services from any source, 
        including funds and services provided under any other 
        Federal law or program;
          (5) to contract for goods or services; and
          (6) to support activities of partners and any other 
        activities that further the purposes of the Corridor 
        and are consistent with the approved management plan.

           *       *       *       *       *       *       *


                        DUTIES OF THE SECRETARY

    Sec. 8. (a) Purpose.--To carry out the purpose of this Act, 
the Secretary shall assist the Commission in preparing the 
Cultural Heritage and Land Management Plan. * * *

           *       *       *       *       *       *       *

    (b) Technical Assistance.--[The Secretary](1) In General.--
The Secretary shall, upon request of the Commission, provide 
technical assistance to the Commission in preparation of the 
plan and for implementing the plan as set out in section 6(c).

           *       *       *       *       *       *       *

  (2) Cooperative Agreements.--Notwithstanding chapter 63 of 
title 31, United States Code, the Secretary may enter into 
cooperative agreements with the local coordinating entity 
designated by paragraph (1) and other public or private 
entities for the purpose of----
          (A) providing technical assistance; or
          (B) implementing the plan under section 6(c).

           *       *       *       *       *       *       *

    [(d) Special Resource Study.----
          [(1) In general.--The Secretary shall conduct a 
        special Resource study of sites and associated 
        landscape features within the boundaries of the 
        Corridor that contribute to the understanding of the 
        Corridor as the birthplace of the industrial revolution 
        in the United States.
          [(2) Evaluation.--Not later than 3 years after the 
        date on which funds are made available to carry out 
        this subsection, the Secretary shall complete the study 
        under paragraph (1) to evaluate the possibility of----
                  [(A) designating 1 or more site or 
                landscaping feature as a unit of the National 
                Park System; and
                  [(B) coordinating and complementing actions 
                by the commission, local governments, and State 
                and Federal agencies, in the preservation and 
                interpretation of significant resources within 
                the Corridor.
          [(3) Coordination.--The Secretary shall coordinate 
        the Study with the Commission.
          [(4) Report.--Not later than 30 days after the date 
        on which the study under paragraph (1) in completed, 
        the Secretary shall submit to the Committee on 
        Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate 
        a report that describes----
                  [(A) the findings of the study; and
                  [(B) the conclusions and recommendations of 
                the Secretary.]
    (d) Transition Memorandum of Understanding.--The Secretary 
shall enter into a memorandum of understanding with the local 
coordinating entity to ensure--
          (1) the appropriate transition of management of the 
        Corridor from the Commission to the local coordinating 
        entity; and
          (2) coordination regarding the implementation of the 
        Cultural Heritage and Land Management Plan.

           *       *       *       *       *       *       *


                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 10. (a) There is authorized to be appropriated 
annually to the Commission $1,000,000 for each year [in which 
the Commission is in existence] until September 30, 2016 to 
carry out the purposes of this Act; except that the Federal 
contribution to the Commission shall not exceed 50 percent of 
the annual operating costs of the Commission.
    (b) Development Funds.--There is authorized to be 
appropriated to carry out section 8(c) not more than 
$10,000,000 for the period of fiscal years 2006 through 2016, 
to remain available until expended.
    [(c) Special Resource Study.--There are authorized to be 
appropriated such sums as are necessary to carry out section 
8(d).]
    Sec. 11. References to the Corridor, Inc.--For purposes of 
section 6, 8 (other than section 8(d)(1)), 9, and 10, a 
reference to the ``Commission'' shall be considered to be a 
reference to the local coordinating entity.

                                  
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