Text: H.R.189 — 110th Congress (2007-2008)All Information (Except Text)

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Reported to Senate (06/16/2008)

 
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 189 Reported in Senate (RS)]






                                                       Calendar No. 808
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]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Paterson Great Falls 
National Historical Park Act of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) The Great Falls Historic District in 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.</DELETED>
        <DELETED>    (2) The Great Falls Historic District was 
        designated as a 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''.</DELETED>
        <DELETED>    (3) Section 510 of Public Law 104-333 established 
        the Great Falls Historic District to recognize the contribution 
        to our national heritage of certain historical, cultural, and 
        natural resources of the historic district.</DELETED>
        <DELETED>    (4) Exceptional natural and cultural resources 
        make the Great Falls Historic District America's only National 
        Historic District that contains both a National Historic 
        Landmark and a National Natural Landmark.</DELETED>
        <DELETED>    (5) Pierre L'Enfant's water power system at the 
        Great Falls and the buildings erected around it over two 
        centuries constitute the finest and most extensive remaining 
        example of engineering, planning and architectural works that 
        span the entire period of America's growth into an industrial 
        power.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to establish a unit of the National Park 
        System in Paterson, New Jersey, consisting of the Great Falls 
        Historic District; and</DELETED>
        <DELETED>    (2) to foster activities among Federal, State, and 
        local governments, non-profit organizations, and private donors 
        to preserve, enhance, interpret, and promote the cultural 
        sites, historic structures, and natural beauty of the Great 
        Falls Historic District for the benefit of present and future 
        generations.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    For the purposes of this Act, the following definitions 
apply:</DELETED>
        <DELETED>    (1) Park.--The term ``park'' means the Paterson 
        Great Falls National Historical Park established in section 
        4.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (3) Commission.--The term ``Commission'' means the 
        Paterson Great Falls National Historical Park Commission 
        established in section 7.</DELETED>

<DELETED>SEC. 4. PATERSON GREAT FALLS NATIONAL HISTORICAL 
              PARK.</DELETED>

<DELETED>    (a) Establishment.--In order to preserve and interpret for 
the benefit of present and future generations certain historical, 
cultural, and natural resources associated with the Great Falls 
National Historic District, there is established in the city of 
Paterson in the county of Passaic in the State of New Jersey the 
Paterson Great Falls National Historical Park as a unit of the National 
Park System.</DELETED>
<DELETED>    (b) Boundaries.--The park shall consist of approximately 
109 acres as generally depicted on the map titled ``Paterson Great 
Falls National Historical Park--Proposed Boundary'', numbered T03/
80,000, and dated June 2007. The map shall be on file and available for 
public inspection in the appropriate offices of the National Park 
Service and the city of Paterson.</DELETED>

<DELETED>SEC. 5. ADMINISTRATION.</DELETED>

<DELETED>    (a) In General.--The park shall be administered by the 
Secretary in accordance with this Act and the provisions of law 
generally applicable to units of the National Park System, including 
the Act of August 25, 1916 (16 U.S.C. 1-4) and the Act of August 21, 
1935 (16 U.S.C. 461-467).</DELETED>
<DELETED>    (b) State and Local Jurisdiction.--Nothing in this section 
shall be construed to diminish, enlarge, or modify any right of the 
State of New Jersey or any political subdivision thereof, to exercise 
civil and criminal jurisdiction or to carry out State laws, rules, and 
regulations within the park.</DELETED>
<DELETED>    (c) Cooperative Agreements.--</DELETED>
        <DELETED>    (1) In general.--In furtherance of the purposes of 
        this Act, the Secretary is authorized, after consultation with 
        the Commission, to enter into cooperative agreements with the 
        owners of properties of natural, historical, or cultural 
        significance within the park, pursuant to which agreements the 
        Secretary may mark, interpret, restore, and provide technical 
        assistance for the preservation of such properties and pursuant 
        to which the Secretary may provide assistance, including 
        management services and program implementation.</DELETED>
        <DELETED>    (2) Right of access.--Each cooperative agreement 
        shall provide that the Secretary, through 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 of conducting visitors through such properties 
        and interpreting them to the public.</DELETED>
        <DELETED>    (3) Alteration of properties.--Each cooperative 
        agreement shall provide that no changes or alterations shall be 
        made in the property covered by the agreement except by mutual 
        agreement between the Secretary and the other party to the 
        agreement.</DELETED>
<DELETED>    (d) Use of Federal Funds.--</DELETED>
        <DELETED>    (1) Conversion, use, or disposal of projects.--Any 
        payment made by the Secretary pursuant to a cooperative 
        agreement under this section shall be subject to an agreement 
        that conversion, use, or disposal of a project so assisted for 
        purposes contrary to the purposes of this Act, as determined by 
        the Secretary, shall result in the right of the United States 
        to reimbursement of all funds made available to the project or 
        the portion of the increased value of the project attributable 
        to such funds as determined at the time of such conversion, 
        use, or disposal, whichever is greater.</DELETED>
        <DELETED>    (2) Matching funds.--As a condition of expending 
        any funds appropriated to the Secretary for the purposes of 
        cooperative agreements under this section, the Secretary shall 
        require that such expenditure must be matched by expenditure of 
        an equal amount of funds provided by non-Federal 
        sources.</DELETED>
        <DELETED>    (3) Donations.--With the approval of the 
        Secretary, any donation of property, goods, or services from a 
        non-Federal source may be considered as a contribution of funds 
        from a non-federal source for purposes of this 
        section.</DELETED>

<DELETED>SEC. 6. GENERAL MANAGEMENT PLAN.</DELETED>

<DELETED>    Not later than 3 complete fiscal years after the date 
funds are made available for this purpose, the Secretary shall prepare, 
in consultation with the Commission, and transmit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a general management plan 
for the park in accordance with the provisions of section 12(b) of the 
Act of August 18, 1970 (16 U.S.C. 1a-7(b)), popularly known as the 
National Park System General Authorities Act, and other applicable 
law.</DELETED>

<DELETED>SEC. 7. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK 
              COMMISSION.</DELETED>

<DELETED>    (a) Establishment.--There is hereby established the 
Paterson Great Falls National Historical Park Commission whose purpose 
shall be to assist and advise the Secretary in the development and 
implementation of the general management plan for the park.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Appointments.--The Commission shall be 
        composed of 9 members appointed by the Secretary, of whom--
        </DELETED>
                <DELETED>    (A) 4 members shall be from nominees 
                submitted by the Governor of the State of New 
                Jersey;</DELETED>
                <DELETED>    (B) 2 members shall be from nominees 
                submitted by the City Council of Paterson;</DELETED>
                <DELETED>    (C) 1 member shall be from nominees 
                submitted by the Board of Chosen Freeholders of Passaic 
                County, New Jersey; and</DELETED>
                <DELETED>    (D) 2 members shall be qualified to serve 
                on the Commission because of their familiarity with 
                national parks and historic preservation.</DELETED>
        <DELETED>    (2) Chairperson; vice chairperson.--The Commission 
        shall elect one of its members as Chairperson and one as Vice 
        Chairperson. The Vice Chairperson shall serve as chairperson in 
        the absence of the Chairperson.</DELETED>
        <DELETED>    (3) Vacancies.--A vacancy in the Commission shall 
        be filled in the same manner in which the original appointment 
        was made.</DELETED>
        <DELETED>    (4) Terms.--Terms of service are as 
        follows:</DELETED>
                <DELETED>    (A) The term of office of the Chairperson 
                and Vice Chairperson shall be one year.</DELETED>
                <DELETED>    (B) Members of the Commission shall serve 
                for terms of 3 years and may be reappointed not more 
                than once.</DELETED>
                <DELETED>    (C) A member may serve after the 
                expiration of his or her term until a successor has 
                been appointed.</DELETED>
        <DELETED>    (5) Timeline for appointments.--The Secretary 
        shall appoint the first members of the Commission not later 
        than 30 days after the date on which the Secretary has received 
        all of the recommendations for appointment pursuant to 
        paragraph (1).</DELETED>
<DELETED>    (c) Compensation.--Members of the Commission shall serve 
without pay, but while away from their homes or regular places of 
business in the performance of services for 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 expenses under section 5703 of title 
5, United States Code.</DELETED>
<DELETED>    (d) Meetings.--The Commission shall meet at the call of 
the Chairperson or a majority of its members.</DELETED>
<DELETED>    (e) Quorum.--A majority of the Commission shall constitute 
a quorum.</DELETED>
<DELETED>    (f) Staff.--The Secretary shall provide the Commission 
with such staff and technical assistance as the Secretary, after 
consultation with the Commission, considers appropriate to enable the 
Commission to carry out its duties. The Secretary may accept the 
services of personnel detailed from the State of New Jersey, any 
political subdivision of the State or any entity represented on the 
Commission.</DELETED>
<DELETED>    (g) Exemption.--Section 14(b) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.</DELETED>
<DELETED>    (h) Termination.--The Commission shall terminate 10 years 
after the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 8. ACQUISITION OF LAND.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 9. HINCHLIFFE STADIUM.</DELETED>

<DELETED>    Not later than three years after the date of the enactment 
of this Act, the Secretary shall complete a study regarding the 
preservation and interpretation of Hinchliffe Stadium as listed on the 
National Register of Historic Places. The study shall include an 
assessment of the potential for listing as a National Historic Landmark 
as well as options for maintaining the historic integrity of the 
stadium.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as may 
be necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paterson Great Falls National 
Historical Park Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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 section 6(a).
            (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 section 5.
            (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 section 3(a).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of New 
        Jersey.

SEC. 3. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.

    (a) Establishment.--
            (1) In general.--Subject to paragraph (2), there is 
        established in the State a unit of the National Park System to 
        be known as the ``Paterson Great Falls National Historical 
        Park''.
            (2) Conditions for establishment.--The Park shall not be 
        established until the date 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 State Park, including 
                        facilities for Park administration and visitor 
                        services; or
                            (II) any portion of the Great Falls State 
                        Park agreed to between 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 
                        Historic District will be compatible with the 
                        designation of the Park.
    (b) 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.
    (c) Boundaries.--The Park shall include the following sites, as 
generally depicted on the Map:
            (1) The upper, middle, and lower raceways.
            (2) Mary Ellen Kramer (Great Falls) Park and adjacent land 
        owned by the City.
            (3) A portion of Upper Raceway Park, including the Ivanhoe 
        Wheelhouse and the Society for Establishing Useful Manufactures 
        Gatehouse.
            (4) Overlook Park and adjacent land, including the Society 
        for Establishing Useful Manufactures Hydroelectric Plant and 
        Administration Building.
            (5) The Allied 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 
        the Paterson Museum.
            (7) The Great Falls Visitor Center.
    (d) Availability of Map.--The Map 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 establishment of the Park, including an official 
boundary map for the Park.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Park in 
accordance with--
            (1) this Act; and
            (2) the laws generally applicable to units of the National 
        Park System, including--
                    (A) the National Park Service Organic Act (16 
                U.S.C. 1 et seq.); and
                    (B) the Act of August 21, 1935 (16 U.S.C. 461 et 
                seq.).
    (b) State and Local Jurisdiction.--Nothing in this Act enlarges, 
diminishes, or modifies any authority of the State, or any political 
subdivision of the State (including the City)--
            (1) to exercise civil and criminal jurisdiction; or
            (2) to carry out State laws (including regulations) and 
        rules on non-Federal land located within the boundary of the 
        Park.
    (c) Cooperative Agreements.--
            (1) In general.--As the Secretary determines to be 
        appropriate to carry out this Act, 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.
            (2) Right of access.--A 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 
        purposes of--
                    (A) conducting visitors through the properties; and
                    (B) interpreting the properties for the public.
            (3) Changes or alterations.--No changes or alterations 
        shall be made to any properties covered by a cooperative 
        agreement entered into under paragraph (1) unless the Secretary 
        and the other party to the agreement agree to the changes or 
        alterations.
            (4) Conversion, use, or disposal.--Any payment made by the 
        Secretary under this subsection shall be subject to an 
        agreement that the conversion, use, or disposal of a project 
        for purposes contrary to the purposes of this Act, as 
        determined by the Secretary, shall entitle the United States to 
        reimbursement in amount equal to the greater of--
                    (A) the amounts made available to the project by 
                the United States; or
                    (B) the portion of the increased value of the 
                project attributable to the amounts made available 
                under this subsection, as determined at the time of the 
                conversion, use, or, disposal.
            (5) Matching funds.--
                    (A) In general.--As a condition of the receipt of 
                funds under this subsection, 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.
                    (B) Form.--With the approval of the Secretary, the 
                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 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.
            (2) 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.
    (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. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 fiscal years after the date on 
which funds are made available to carry out this section, the 
Secretary, in consultation with the Commission, shall complete a 
management plan for the Park in accordance with--
            (1) 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
            (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; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.

SEC. 6. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ADVISORY 
              COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Paterson Great Falls National Historical Park Advisory 
Commission''.
    (b) Duties.--The duties of the Commission shall be to advise the 
Secretary in the development and implementation of the management plan.
    (c) Membership.--
            (1) Composition.--The Commission shall be composed of 9 
        members, to be appointed by the Secretary, of whom--
                    (A) 4 members shall be appointed after 
                consideration of recommendations submitted by the 
                Governor of the State;
                    (B) 2 members shall be after consideration of 
                recommendations submitted by the City Council of 
                Paterson, New Jersey;
                    (C) 1 member shall be after consideration of 
                recommendations submitted by the Board of Chosen 
                Freeholders of Passaic County, New Jersey; and
                    (D) 2 members shall have experience with national 
                parks and historic preservation.
            (2) Initial appointments.--The Secretary shall appoint the 
        initial members of the Commission 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 
                recommendations for appointments under paragraph (1); 
                or
                    (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 on the Commission shall be filled 
        in the same manner as the original appointment was made.
    (e) Meetings.--The Commission shall meet at the call of--
            (1) the Chairperson; or
            (2) a majority of the members of the Commission.
    (f) Quorum.--A majority of the Commission shall constitute a 
quorum.
    (g) Chairperson and Vice Chairperson.--
            (1) In general.--The Commission shall select a Chairperson 
        and Vice Chairperson from among the members of the Commission.
            (2) Vice chairperson.--The Vice Chairperson shall serve as 
        Chairperson in the absence of the Chairperson.
            (3) Term.--A member may serve as Chairperson or Vice 
        Chairman for not more than 1 year in each office.
    (h) Commission Personnel Matters.--
            (1) Compensation of members.--
                    (A) In general.--Members of the Commission shall 
                serve without compensation.
                    (B) 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.
            (2) Staff.--
                    (A) 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.
                    (B) 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.
    (i) FACA Nonapplicability.--Section 14(b) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
    (j) Termination.--The Commission shall terminate 10 years after the 
date of enactment of this Act.

SEC. 7. STUDY OF HINCHLIFFE STADIUM.

    (a) In General.--Not later than 3 fiscal years after the date on 
which funds are made available to carry out this Act, the Secretary 
shall complete a study regarding the preservation and interpretation of 
Hinchliffe Stadium, 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; and
            (2) options for maintaining the historic integrity of 
        Hinchliffe Stadium.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 808

110th CONGRESS

  2d Session

                               H. R. 189

                          [Report No. 110-376]

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment

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