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HR 189 RFSS

110th CONGRESS Calendar No. 808

1st Session 110th CONGRESS

2d Session

H. R. 189

[Report No. 110-376]

IN THE SENATE OF THE UNITED STATES

October 23, 2007

Received; read twice and referred to the Committee on Energy and Natural Resources

June 16, 2008

Reported by Mr. BINGAMAN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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AN ACT

To establish the Paterson Great Falls National Historical Park in the State of New Jersey and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Paterson Great Falls National Historical Park Act of 2007'8’.

SEC. 2. FINDINGS AND PURPOSES.DEFINITIONS.

(a) Findings- Congress finds the following: In this Act:

(1) (1) CITY- The Great Falls Historic District interm ‘City’ means the City of Paterson, New Jersey, is the site that Alexander Hamilton selected to implement his vision of American economic independence and transform a rural agrarian society based on slavery into a global economy based on freedom..

(2) COMMISSION- The term ‘Commission’ means the Paterson Great Historic District was designated as a Falls National Historic Landmark in 1976 and President Gerald Ford declared it `a symbol of the industrial might which helps to make America the most powerful nation in the world'.al Park Advisory Commission(3) Section 510 of Public Law 104-333 established by section 6(a).

(3) HISTORIC DISTRICT- The term ‘Historic District’ means the Great Falls Historic District to recognize the contribution to our national heritage of certain historical, cultural, and natural resources ofin the historic district.State.

(4) Exceptional natural and cultural resources makeMANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Park developed under section 5.

(5) MAP- The term ‘Map’ means the map entitled ‘Paterson Great Historic District America's only Falls National Historic District that contains both a National Historic Landmarkal Park-Proposed Boundary’, numbered T03/80,001, and a National Natural Landmark.dated May 2008.

(5) Pierre L'Enfant's water power system at (6) PARK- The term ‘Park’ means the Paterson Great Falls and the buildings erected around it over two centuries constituteNational Historical Park established by section 3(a).

(7) SECRETARY- The term ‘Secretary’ means the finest and most extensive remaining exampleSecretary engineering, planning and architectural works that span of the entire period of America's growth into an industrial power.Interior.

(b) Purposes (8) STATE- The purposesterm ‘State’ means the State of this Act are--New Jersey.

(1) SEC. 3. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.

(a) Establishment-

(1) IN GENERAL- Subject to establishparagraph (2), there is established in the State a unit of the National Park System in Paterson, New Jersey, consisting ofto be known as the ‘Paterson Great Falls Historic District; andNational Historical Park’.

(2) to foster activities among Federal, State, and local governments, non-profit organizations, and private donors to preserve, enhance, interpret, and promote (2) CONDITIONS FOR ESTABLISHMENT- The Park shall not be established until the cultural sites, historic structures, and natural beautdate on which the Secretary determines that--

(A)(i) the Secretary has acquired sufficient land or an interest in land within the boundary of the Park to constitute a manageable unit; or

(ii) the State or City, as appropriate, has entered into a written agreement with the Secretary to donate--

(I) the Great Falls Historic DistrictState Park, including facilities for the benefit of presentPark administration and future generations.visitor services; or

SEC. 3. DEFINITIONS. (II) any portionFor the purposes this Act, the following definitions apply:(1) PARK- The term `park' means of Paterson the Great Falls National HistoricalState Park established in section 4.agreed to between(2) SECRETARY- The term `Secretary' means the Secretary and the State or City; and

(B) the Secretary has entered into a written agreement with the State, City, or other public entity, as appropriate, providing that--

(i) land owned by the State, City, or other public entity within the Historic District will be managed consistent with this Act; and

(ii) future uses of land within the Interior.Historic District will be compatible with(3) COMMISSION- The term `Commission' means the Paterson Great Falls National Historical Park Commission established in section 7.designation of the Park.

SEC. 4. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK. (b) Purpose- The purpose of the Park is(a) Establishment- In order to preserve and interpret for the benefit of present and future generations certain historical, cultural, and natural resources associated with Great Falls National the Historic District, there is established in.

(c) Boundaries- The Park shall include the city of Paterson ifollowing sites, as generally depicted on the county of Passaic inMap:

(1) The upper, middle, and lower raceways.

(2) Mary Ellen Kramer (Great Falls) Park and adjacent land owned by the StateCity.

(3) A portion of New JerseyUpper Raceway Park, including the Paterson Great Falls National Historical Park as a unit ofIvanhoe Wheelhouse and the NationalSociety for Establishing Useful Manufactures Gatehouse.

(4) Overlook Park System.and adjacent land, including the Society for Establishing Useful Manufactures Hydroelectric Plant and Administration Building.

(b) Boundaries- (5) The park shall consist of approximately 109 acres as generally depicted onAllied Textile Printing site, including the Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and Todd Mill ruins.

(6) The Rogers Locomotive Company Erecting Shop, including map titled `the Paterson Museum.

(7) The Great Falls National Historical Park--Proposed Boundary', numbered T03/80,000, and dated June 2007.Visitor Center.

(d) Availability of Map- The mMap shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(e) Publication of Notice- Not later than 60 days after the date on which the conditions in subparagraphs (A) and (B) of subsection (a)(2) are satisfied, the Secretary shall publish in the Federal Register notice of the cityestablishment of Patersonthe Park, including an official boundary map for the Park.

SEC. 5. ADMINISTRATION.4. ADMINISTRATION.

(a) In General- The parkSecretary shall be administered byadminister the SecretaryPark in accordance with--

(1) this Act and; and

(2) the provisions of lawlaws generally applicable to units of the National Park System, including--

(A) the National Park Service Organic of August 25, 1916 Act (16 U.S.C. 1-4) and et seq.); and

(B) the Act of August 21, 1935 (16 U.S.C. 461-467). et seq.).

(b) State and Local Jurisdiction- Nothing in this section shall be construed to diminish, enlargeAct enlarges, diminishes, or modifyies any rightauthority of the State of New Jersey, or any political subdivision thereof,of the State (including the City)--

(1) to exercise civil and criminal jurisdiction or; or

(2) to carry out State laws, rules, (including regulations) and regulationsules on non-Federal land located within the park.boundary of the Park.

(c) Cooperative Agreements-

(1) IN GENERAL- In furtherance ofAs the purposes ofSecretary determines to be appropriate to carry out this Act, the Secretary is authorized, after consultation with the Commission, tomay enter into cooperative agreements with the owners of the Great Falls Visitor Center or any nationally significant of natural, historical,or cultural significance properties within the park, pursuant toboundary of the Park under agreements which the Secretary may markidentify, interpret, restore, and provide technical assistance for the preservation such properties and pursuant to which of the Secretary may provide assistance, including management services and program implementation.properties.

(2) RIGHT OF ACCESS- EachA cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purpose ofs of--

(A) conducting visitors through such properties andthe properties; and

(B) them to interpreting the public.roperties for the public.

(3) ALTERATION OF PROPERTIES- Each cooperative agreement shall provide that nCHANGES OR ALTERATIONS- No changes or alterations shall be made in the propertyto any properties covered by the agreement except by mutuala cooperative agreement betweenentered into under paragraph (1) unless the Secretary and the other party to the agreement. agree to the changes or alterations.

(d) Use of Federal Funds- (4(1) CONVERSION, USE, OR DISPOSAL OF PROJECTS- Any payment made by the pursuant to a cooperative agreement Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a so assisted project for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in the right ofentitle the United States to reimbursement of all fundin amount equal to the greater of--

(A) the amounts made availableto the project orby the United States; or

(B) the portionof the increased value of the project attributable to such fundsthe amounts made available under this subsection, as determined at the time of suchthe conversion, use, or disposal, whichever is greater., disposal.

(2 (5) MATCHING FUNDS-

(A) IN GENERAL- As a condition expending any funds appropriated to the Secretary for of the purposesreceipt of cooperative agreementfunds under this subsection, the Secretary shall require that such expenditure mustany Federal funds made available under a cooperative agreement shall be matched by expenditure of an equal amount of funds providedon a 1-to-1 basis by non-Federal sources.funds.

(3) DONATIONS (B) FORM- With the approval of the Secretary, any donationthe non-Federal share required under subparagraph (A) may be in the form of donated property, goods, or services from a non-Federal source.

(d) Acquisition of Land-

(1) IN GENERAL- The Secretary may be considered as a contributionacquire land or interests in land within the boundary of fundsthe Park by donation, purchase from a non-federal source for purposeswilling seller with donated or appropriated funds, or exchange.

(2) DONATION OF STATE OWNED LAND- Land or interests in land owned by the State or any political subdivision of this sectione State may only be acquired by donation.

(e) Technical Assistance and Public Interpretation- The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the Historic District.

SEC. 6. GENERAL5. MANAGEMENT PLAN.

(a) In General- Not later than complete 3 fiscal years after the date on which funds are made available forto carry out this purposesection, the Secretary shall prepare, in consultationwith the Commission, and transmit toshall complete a management plan for the Committee on Natural ResourcesPark in accordance with--

(1) section 12(b) of Public Law 91-383 (commonly known as the House of Representatives‘National Park Service General Authorities Act’) (16 U.S.C. 1a-7(b)); and

(2) other applicable laws.

(b) Cost Share- The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the City, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the Park.

(c) Submission to Congress- On completion of the management plan, the Secretary shall submit the management plan to--

(1) the Committee on Energy and Natural Resources of the Senate a general management plan for the park in accordance with; and

(2) the provisions of section 12(b)Committee on Natural Resources of the ActHouse of August 18, 1970 (Representatives16 U.S.C. 1a-7(b)), popularly known as the National Park System General Authorities Act, and other applicable law.

SEC. 76. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK COMMISSION.ADVISORY COMMISSION.

(a) Establishment- There hereby is established a commission to be known as the ‘Paterson Great Falls National Historical Park Advisory Commission’.

(b) Duties- The duties of the whose purpose Commission shall be assist and to advise the Secretary in the development and implementation of general the management plan for the park..

(b) Membership- (c) Membership-

(1) APPOINTMENTS (1) COMPOSITION- The Commission shall be composed of 9 members, to be appointed by the Secretary, of whom--

(A) 4 members shall be from nomineeappointed after consideration of recommendations submitted by the Governor of the State of New Jersey;;

(B) 2 members shall be from nomineeafter consideration of recommendations submitted by the City Council of Paterson;, New Jersey;

(C) 1 member shall be from nomineeafter consideration of recommendations submitted by the Board of Chosen Freeholders of Passaic County, New Jersey; and

(D) 2 members shall be qualified to serve on the Commission because of their familiarityhave experience with national parks and historic preservation.

(2) CHAIRPERSON; VICE CHAIRPERSONINITIAL APPOINTMENTS- The CommissionSecretary shall elect one of itsappoint the initial members as Chairperson and one as Vice Chairperson. The Vice Chairperson shall serve as chairperson inof the absenceCommission not later than the earlier of--

(A) the date that is 30 days after the date on which the Secretary has received all of the Chairperson.recommendations for appointments under paragraph (1); or

(3 (B) the date that is 30 days after the Park is established in accordance with section 3.

(d) Term; Vacancies-

(1) TERM-

(A) IN GENERAL- A member shall be appointed for a term of 3 years. (B) REAPPOINTMENT- A member may be reappointed for not more than 1 additional term.

(2) VACANCIES- A vacancy ion the Commission shall be filled in the same manner in whichas the original appointment was made.

(4) TERMS- Terms of service are as follows: (e) Meetings-(A) The termCommission shall meet at the call of--

(1) the Chairperson; or

(2) a majority of officethe members of the Chairperson and Vice Chairperson shall be one year.ommission.

(B) Members (f) Quorum- A majority of the Commission shall serve for terms of 3 years and may be reappointed not more than once.constitute(C) A member may serve after the expiration of his or her term until a successor has been appointed.quorum.

(5) TIMELINE FOR APPOINTMENTS (g) Chairperson and Vice Chairperson-

(1) IN GENERAL- The SecretaryCommission shall appointselect a Chairperson and Vice Chairperson from among first the members of the Commission not later than 30 days after the date on which.

(2) VICE CHAIRPERSON- The Vice Chairperson shall serve as Chairperson in the Secretary has received allabsence of the recommendationsChairperson.

(3) TERM- A member may serve as Chairperson or Vice Chairman for appointment pursuant to paragraph (1).not more than 1 year in each office.

(c) Compensation (h) Commission Personnel Matters-

(1) COMPENSATION OF MEMBERS-

(A) IN GENERAL- Members of the Commission shall serve without pay, but while away from their homes or regular places of business in the performancecompensation.

(B) TRAVEL EXPENSES- Members services for of the Commission, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expensesat rates authorized for an employee of an agency under section 5703ubchapter I of chapter 57 of title 5, United States Code., while away from(d) Meetings- The Commission shall meet at the callhome or regular place of business of the Chairperson or a majoritymember in the performance of its members.the duties(e) Quorum- A majority of the Commission shall constitute a quorum..

(f) Staff (2) STAFF-

(A) IN GENERAL- The Secretary shall provide the Commission with suchany staff members and technical assistance asthat the Secretary, after consultation with the Commission, considersdetermines to be appropriate to enable the Commission to carry out its duties.the duties of the Commission.

(B) DETAIL OF EMPLOYEES- The Secretary may accept the services of personnel detailed from--

(i) the State of New Jersey,;

(ii) any political subdivision of the State or; or

(iii) any entity represented on the Commission.

(g) Exemption (i) FACA Nonapplicability- Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

(h (j) Termination- The Commission shall terminate 10 years after the date the of enactment of this Act.

SEC. 8. ACQUISITION7. STUDY LAND.(a) General Authority- The Secretary may acquire land or interests in land within the boundaries of the park from willing sellers only by donation, purchase with donated or appropriated funds, or exchange.(b) State Property- Land or interests in land owned by the State of New Jersey or any political subdivision of the State may be acquired only by donation.SEC. 9. OF HINCHLIFFE STADIUM.

(a) In General- Not later than three3 fiscal years after the date of the enactment ofn which funds are made available to carry out this Act, the Secretary shall complete a study regarding the preservation and interpretation of Hinchliffe Stadium a, which is listed on the National Register of Historic Places.

(b) Inclusions- The study shall include an assessment of--

(1) the potential for listing the stadium as a National Historic Landmark as well as; and

(2) options for maintaining the historic integrity of the sHinchliffe Stadium.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may bare necessary to carry out this Act.

Passed Calendar No. 808

110th CONGRESS

2d Session

H. R. 189

[Report No. 110-376]

AN ACT

To establish the HousPaterson Great Falls National Historical Park in the State of Representatives October 22, 2007.New Jersey and for other purposes.

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Attest: June 16, 2008

LORRAINE C. MILLER, Reported with an amendment