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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-310
PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ACT OF 2007
August 4, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Rahall, from the Committee on Natural Resources, submitted the
R E P O R T
[To accompany H.R. 189]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 189) to establish the Paterson Great Falls National
Park in the State of New Jersey, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paterson Great Falls National
Historical Park Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(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.
(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''.
(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.
(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.
(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.
(b) Purposes.--The purposes of this Act are--
(1) to establish a unit of the National Park System in
Paterson, New Jersey, consisting of the Great Falls Historic
(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
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Park.--The term ``park'' means the Paterson Great Falls
National Historical Park established in section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary of
(3) Commission.--The term ``Commission'' means the Paterson
Great Falls National Historical Park Commission established in
SEC. 4. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.
(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.
(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
SEC. 5. ADMINISTRATION.
(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-
(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.
(c) Cooperative Agreements.--
(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.
(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.
(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
(d) Use of Federal Funds.--
(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.
(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.
(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.
SEC. 6. GENERAL MANAGEMENT PLAN.
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.
SEC. 7. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK COMMISSION.
(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.
(1) Appointments.--The Commission shall be composed of 9
members appointed by the Secretary, of whom--
(A) 4 members shall be from nominees submitted by the
Governor of the State of New Jersey;
(B) 2 members shall be from nominees submitted by the
City Council of Paterson;
(C) 1 member shall be from nominees submitted by the
Board of Chosen Freeholders of Passaic County, New
(D) 2 members shall be qualified to serve on the
Commission because of their familiarity with national
parks and historic preservation.
(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.
(3) Vacancies.--A vacancy in the Commission shall be filled
in the same manner in which the original appointment was made.
(4) Terms.--Terms of service are as follows:
(A) The term of office of the Chairperson and Vice
Chairperson shall be one year.
(B) Members of the Commission shall serve for terms
of 3 years and may be reappointed not more than once.
(C) A member may serve after the expiration of his or
her term until a successor has been appointed.
(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).
(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.
(d) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(e) Quorum.--A majority of the Commission shall constitute a quorum.
(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.
(g) Exemption.--Section 14(b) of the Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Commission.
(h) Termination.--The Commission shall terminate 10 years after the
date of the enactment of this Act.
SEC. 8. ACQUISITION OF 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. HINCHLIFFE STADIUM.
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.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary
to carry out this Act.
Amend the title so as to read:
A bill to establish the Paterson Great Falls National Historical Park
in the State of New Jersey and for other purposes.
PURPOSE OF THE BILL
The purpose of H.R. 189, as ordered reported, is to
establish the Paterson Great Falls National Historical Park in
the State of New Jersey and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Soon after the Revolutionary War, Alexander Hamilton
selected the area around the Great Falls of the Passaic River
as the site for the first planned industrial center in America.
Hamilton, then Secretary of the Treasury, invited Pierre
L'Enfant to design the city in 1791. Hamilton's vision was to
harness the power of the falls to develop manufacturing
capabilities in the United States to free the country from
reliance on imported goods. The result of Hamilton's plan was
the city of Paterson, New Jersey which became one of the most
important manufacturing centers in America during the
industrial revolution. The story of Hamilton's vision that
America could develop an industrial economy that would free the
nation not only from its reliance on Great Britain but also
from its use of slavery is one of national significance.
President Gerald Ford designated the Great Falls Historic
District as a National Historic Landmark in 1976. Sec. 510 of
Public Law 104-333 legislatively established the historic
district and authorized a restoration, preservation and
interpretive program for the area. The Great Falls Historic
District is the only Congressionally established historic
district which includes both a National Historic landmark and a
National Natural Landmark.
The 107th Congress approved legislation (Public Law 107-59)
authorizing the Secretary of the Interior to study the
suitability and feasibility of designating the district as a
unit of the National Park System. The National Park Service
completed the study in 2006 and concluded that the area was not
suitable for such a designation. However, this determination
has been disputed by numerous historians and the Committee has
received testimony and letters that make a strong case for a
H.R. 189 was introduced by Representative Bill Pascrell (D-
NJ) and is cosponsored by the entire New Jersey delegation.
Both New Jersey Senators and the State's Governor, as well as
the National Trust for Historic Preservation, the National
Parks Conservation Association, and academic experts from
Harvard, Yale, New York University, and numerous other
institutions support a national designation.
H.R. 189 was introduced on January 4, 2007 by
Representative Bill Pascrell (D-NJ). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
The Subcommittee held a hearing on the bill on March 29, 2007.
On June 28, 2007, the Subcommittee was discharged from further
consideration of the bill and the full Natural Resources
Committee met to consider H.R. 189.
National Parks, Forests and Public Lands Subcommittee
Chairman Grijalva (D-AZ) offered an amendment in the nature of
a substitute making extensive changes to the bill.
The Grijalva substitute designates the area as the
``Paterson Great Falls National Historical Park'' and provides
a map reference delineating the park boundary as only
encompassing the existing historic district. The Grijalva
substitute also changes several management provisions of the
bill to conform the legislation to other National Historical
A substitute to the Grijalva substitute, offered by
Subcommittee Ranking Member Bishop (R-UT), would have
designated Paterson as an affiliated area, rather than a unit,
of the National Park System. The Bishop substitute to the
Grijalva substitute was not agreed to by a roll call vote of 11
yeas and 25 nays, as follows:
Representative Bishop also offered an amendment to the
Grijalva substitute proposing to cap federal funding for the
Historical Park but failed to indicate a specific limit. The
Bishop amendment was not agreed to by voice vote. The Grijalva
substitute was then adopted by voice vote. H.R. 189 was then
ordered favorably reported to the House of Representatives by
Section 1. Short title
Section 1 entitles the bill the, ``Paterson Great Falls
National Historical Park Act of 2007.''
Section 2. Findings and purposes
Section 2 contains the bill's findings and purposes, which
include fostering activities among various parties 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
Section 3. Definitions
Section 3 defines terms relevant to the legislation.
Section 4. Paterson Great Falls National Historical Park
Section 4(a) establishes the Paterson Great Falls National
Historical Park as a unit of the National Park System. Section
4(b) specifies the boundaries of the unit by means of a map
Section 5. Administration
Section 5(a) requires the Historical Park to be managed
according to this Act and other laws generally applicable to
units of the National Park System. Section 5(b) clarifies that
nothing in this Act enlarges or diminishes existing authority
of the State of New Jersey or its political subdivisions to
exercise civil or criminal jurisdiction or carry out state
laws, rules or regulations within the Park. Section 5(c)
authorizes the Secretary of the Interior to enter into
cooperative agreements with owners of property within the
Historical Park and specifies the terms and requirements of
Section 6. General management plan
Section 6 requires the Secretary to prepare, in
consultation with the Commission authorized in Section 7, a
general management plan for the Historical Park within three
years after the date funds are made available for that purpose.
Section 7. Paterson Great Falls National Historical Park Commission
Section 7(a) establishes the Commission whose purpose shall
be to ``assist and advise the Secretary in development and
implementation of the general management plan for the park.''
Sections 7(b) through 7(h) outline the membership,
responsibilities and requirements of the Commission.
Section 8. Acquisition of land
Section 8 authorizes the Secretary to 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. State lands are to be acquired
by donation only.
Section 9. Hinchliffe Stadium
Section 9 requires the Secretary to study options for the
preservation and interpretation of Hinchliffe Stadium, as
listed on the National Register of Historic Places. The study
must be completed within three years of the date of enactment
of the legislation.
Section 10. Authorization of appropriations
This section authorizes such sums as may be necessary to
carry out the purposes of this Act.
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.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. 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 establish the Paterson Great Falls
National Historical Park in the State of New Jersey and for
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
H.R. 189--Paterson Great Falls National Historical Park Act of 2007
Summary: H.R. 189 would establish the Paterson Great Falls
National Historical Park on 109 acres of land in Paterson, New
Jersey. Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 189 would cost the National
Park Service (NPS) $22 million over the 2008-2012 period and $1
million a year thereafter. We estimate that enacting the
legislation would not affect direct spending or revenues.
H.R. 189 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
Estimated costs to the Federal Government: The estimated
budgetary impact of H.R. 189 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
2008 2009 2010 2011 2012
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 1 1 4 8 8
Estimated Outlays............... 1 1 4 8 8
Basis of estimate: H.R. 189 would establish the Paterson
Great Falls National Historical Park at the site of the Great
Falls Historic District, a National Historic Landmark in
Paterson, New Jersey. Although the bill would authorize the NPS
to acquire the 109-acre park site, CBO expects that most of
this acreage would continue to be owned by the state, local
nonprofit organizations, and private landowners. Under the
bill, the park would be managed by the NPS under cooperative
agreements with those entities and in consultation with a
Paterson Great Falls National Historical Park Commission, also
to be established by the bill. In addition to operating the
historical park, the NPS would restore and preserve historic
structures, provide technical assistance to landowners, and
create interpretive programs and materials such as signs and
Based on information provided by NPS and assuming
appropriation of the necessary amounts, CBO estimates that the
agency would spend $22 million over the 2008-2012 period to
implement this legislation. Of this amount, we estimate that $1
million a year would be spent to manage and operate the new
historical park. In the first three years after enactment, the
annual cost would include expenses to prepare a general
management plan for the park and to complete a required study
on preserving and interpreting the Hinchcliffe Stadium. We
estimate that the agency would spend an additional $5 million
to construct administrative and visitor facilities and to
install park exhibits over the 2010-2012 period. We estimate
that $12 million would be provided to local landowners over
that same period for the preservation of historic properties
within the park.
Intergovernmental and private-sector impact: H.R. 189
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
Estimate prepared by: Federal Costs: Deborah Reis and David
Reynolds; Impact on State, Local, and Tribal Governments: Leo
Lex; Impact on the Private Sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
H.R. 189 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing