[Senate Report 113-62]
[From the U.S. Government Publishing Office]
Calendar No. 116
113th Congress Report
SENATE
1st Session 113-62
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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
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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.