[House Report 118-771]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-771
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MAURICE D. HINCHEY HUDSON RIVER VALLEY NATIONAL HERITAGE AREA
ENHANCEMENT ACT
_______
November 26, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 390]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 390) to amend the Hudson River Valley National
Heritage Area Act of 1996 (Public Law 104-333; 54 U.S.C. 320101
note) to include all of Saratoga and Washington Counties in the
boundaries of the Hudson River Valley National Heritage Area,
having considered the same, reports favorably thereon with an
amendment and recommends 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 ``Maurice D. Hinchey Hudson River Valley
National Heritage Area Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) State.--The term ``State'' means the State of New York.
(3) Study area.--The term ``study area'' means Saratoga and
Washington Counties in the State.
SEC. 3. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA STUDY.
The Secretary, in consultation with State and local historic
preservation officers, State and local historical societies, State and
local tourism offices, and other appropriate organizations and
governmental agencies, shall carry out, in accordance with section
120103(a) of title 54, United States Code, a study to assess the
suitability and feasibility of designating the study area as part of
the Maurice D. Hinchey Hudson River Valley National Heritage Area
established under the Hudson River Valley National Heritage Area Act of
1996 (Public Law 104-333; 54 U.S.C. 320101 note).
PURPOSE OF THE LEGISLATION
The purpose of H.R. 390 is to amend the Hudson River Valley
National Heritage Area Act of 1996 (Public Law 104-333; 54
U.S.C. 320101 note) to include all of Saratoga and Washington
Counties in the boundaries of the Hudson River Valley National
Heritage Area.
BACKGROUND AND NEED FOR LEGISLATION
In 1984, President Reagan signed bipartisan legislation
establishing the country's first national heritage area (NHA),
which broadly ``recognize certain areas of the United States
that tell nationally significant stories [and] conserve,
enhance, and interpret those nationally significant stories and
the natural, historic, scenic, and cultural resources of
areas.''\1\ Today, there are 62 NHAs in 36 states that
``illustrate significant aspects of the heritage of the United
States.''\2\ NHAs are unique public-private partnerships that
allow for the promotion of natural or cultural resources
without federal management or ownership.\3\ In the typical NHA,
land is not federally owned but is instead held by state or
local governments, private landowners, or some combination of
those groups.\4\ As such, NHAs are not units of the National
Park System, although the National Park Service (NPS) may
provide NHAs with financial and technical assistance. Because
NHAs are ``lived-in landscapes,'' they are designed to empower
locally led approaches to resource conservation and economic
development.\5\ To elevate grassroots-level decision-making,
Congress frequently assigns a local coordinating entity (LCE),
such as a state or local agency or non-profit organization, to
be an NHA's lead management organization.\6\
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\1\Pub. Law. 117-339, https://www.congress.gov/117/plaws/publ339/
PLAW-117publ339.pdf. ``National Heritage Areas,'' National Park
Service, U.S. Department of the Interior, 2021, https://www.nps.gov/
subjects/heritageareas/upload/Final-printed-NHA-unigrid-2021-55-areas-
508-L.pdf. ``What is a National Heritage Area?'' National Park Service,
U.S. Department of the Interior, June 17, 2019, https://www.nps.gov/
articles/what-is-a-national-heritage-area.htm.
\2\Id.
\3\Id.
\4\Id.
\5\Id.
\6\Id.
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NHAs receive funding from varied sources, including private
charities and donors, state and local governments, and federal
appropriators.\7\ Federal funding is usually divided during the
annual appropriations process between direct grantmaking
support for individual NHAs and general administrative costs
for the overall NHA program.\8\ NPS then distributes authorized
federal funds to NHA entities, typically through the designated
LCEs.\9\ In turn, the LCEs are generally required to match all
federal funding received one-to-one.\10\ Once distributed,
federal funds can be used for locally guided projects, such as
rehabilitating important sites, developing tours, establishing
exhibits and programs, and improving public awareness of the
NHA.\11\ Most NHAs are subject to an annual funding limit of $1
million, but actual expenditures have historically tended to be
lower than that amount.\12\
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\7\Mark K. DeSantis, ``National Heritage Areas: Background and
Issues for Congress,'' Congressional Research Service, April 17, 2023,
https://crsreports.congress.gov/product/pdf/RL/RL33462.
\8\Id.
\9\``What is a National Heritage Area?'' National Park Service,
U.S. Department of the Interior, June 17, 2019, https://www.nps.gov/
articles/what-is-a-national-heritage-area.htm. Mark K. DeSantis,
``National Heritage Areas: Background and Issues for Congress,''
Congressional Research Service, April 17, 2023, https://
crsreports.congress.gov/product/pdf/RL/RL33462.
\10\Id.
\11\Id.
\12\Id.
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After NHAs exploded in popularity, Congress passed the
``National Heritage Area Act'' (NHA Act) during the 117th
Congress to formalize the NHA System and protect private
property rights.\13\ The NHA Act established the National
Heritage Area System, set formal criteria for designating NHAs,
and created uniform funding and management standards.\14\
Through these changes, the NHA Act sought to minimize the
differences and administrative inefficiencies that resulted
from creating NHAs under separate enabling acts.\15\ The NHA
Act also set forth stringent requirements protecting private
property rights and development activity in NHAs, ensuring that
designations did not confer any regulatory or land use
authority to the local LCE.\16\ In addition to NHA Act
requirements, an individual NHA's enabling statute often
includes provisions that protect the rights of existing
property owners within the designated area and prevent any
federal land acquisitions.\17\
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\13\Id.
\14\Id.
\15\Id.
\16\Id.
\17\Id.
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Established in 1996, the Maurice D. Hinchey Hudson River
Valley National Heritage Area (Hudson River Valley NHA) was
among the earliest NHAs to be designated by Congress.\18\
Following the Hudson River for 154 miles of its course through
New York state, the Hudson River Valley NHA encompasses 10
counties, 250 communities, and approximately 3 million acres of
diverse geography, woods, and farmland.\19\ From north to
south, the Hudson River Valley NHA extends from the confluence
of the Hudson and Mohawk Rivers near Albany down to the
northern suburbs of New York City.\20\ This vast region
contains 107 distinct heritage sites, reflecting the Hudson
River Valley's natural, historic, and cultural contributions to
the nation.\21\ This includes sites related to the American
Revolutionary War, Civil War, and Underground Railroad.\22\
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\18\``About the Maurice D. Hinchey Hudson River Valley National
Heritage Area,'' Hudson River Valley National Heritage Area, https://
www.hudsonrivervalley.com/.
\19\``Hudson River Valley National Heritage Area: Overview &
Boundaries,'' Hudson River Valley Greenway, https://
hudsongreenway.ny.gov/hudson-river-valley-national-heritage-area.
\20\Id.
\21\``Hudson River Valley: Maurice D. Hinchey Hudson River Valley
National Heritage Area,'' Hudson River Valley National Heritage Area,
2024, https://www.hudsonrivervalley.com/documents/
nationalheritagearea1-pdf.
\22\Id. ``Themes of the Hudson River Valley National Heritage
Area,'' Hudson River Valley National Heritage Area, https://
www.hudsonrivervalley.com/about/themes.
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Recognizing the vital importance of this region to the
national story, H.R. 390, the ``Maurice D. Hinchey Hudson River
Valley National Heritage Area Enhancement Act,'' would direct
the Secretary of the Interior, in consultation with State and
local entities, to examine the suitability and feasibility of
designating Saratoga and Washington Counties in the State of
New York as part of the Hudson River Valley NHA. H.R. 390 would
mark an important step towards expanding opportunities for
Saratoga and Washington Counties to attract more tourism and
support local economic development.\23\ This bipartisan bill is
led by Representatives Elise Stefanik (R-NY) Paul Tonko (D-
NY).\24\
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\23\Id.
\24\H.R. 390, 118th Congress, https://www.congress.gov/bill/118th-
congress/house-bill/390.
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COMMITTEE ACTION
H.R. 390 was introduced on January 17, 2023, by Rep. Elise
Stefanik (R-NY). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On June 27, 2024, the Subcommittee on Federal
Lands held a hearing on the bill. On November 20, 2024, the
Committee on Natural Resources met to consider the bill. The
Subcommittee on Federal Lands was discharged from further
consideration of H.R. 390 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an Amendment in the Nature of a
Substitute designated Westerman ANS_110. The amendment in the
nature of a substitute was agreed to by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Federal Lands held on June 27,
2024.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 names the bill the ``Maurice D. Hinchey Hudson
River Valley National Heritage Area Enhancement Act.''
Section 2. Definitions
Section 2 provides definitions for relevant terms in the
legislation.
Section 3. Hudson River Valley National Heritage Area study
Section 3 directs the Secretary of the Interior, in
consultation with State and local historic preservation
offices, historical societies, tourism offices, and other
appropriate organizations and agencies to examine the
suitability and feasibility of designating Saratoga and
Washington Counties in the State of New York as part of the
Maurice D. Hinchey Hudson River Valley National Heritage Area.
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 AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. 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 amend the Hudson River Valley
National Heritage Area Act of 1996 (Public Law 104-333; 54
U.S.C. 320101 note) to include all of Saratoga and Washington
Counties in the boundaries of the Hudson River Valley National
Heritage Area.
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.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
EXISTING PROGRAMS
Directed Rule Making. This bill does not contain any
directed rule makings.
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.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
As ordered reported by the Committee on Natural Resources,
H.R. 390 would make no changes in existing law.
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