H. Rept. 113-282 - 113th Congress (2013-2014)
December 02, 2013, As Reported by the Natural Resources Committee

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House Report 113-282 - LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE AMENDMENTS ACT




[House Report 113-282]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-282

======================================================================



 
     LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE AMENDMENTS ACT

                                _______
                                

December 2, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1846]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1846) to amend the Act establishing the Lower 
East Side Tenement National Historic Site, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend 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 ``Lower East Side Tenement National 
Historic Site Amendments Act''.

SEC. 2. AMENDMENTS.

  Public Law 105-378 is amended--
          (1) in section 101(a)--
                  (A) in paragraph (4), by striking ``the Lower East 
                Side Tenement at 97 Orchard Street in New York City is 
                an outstanding survivor'' and inserting ``the Lower 
                East Side Tenements at 97 and 103 Orchard Street in New 
                York City are outstanding survivors''; and
                  (B) in paragraph (5), by striking ``the Lower East 
                Side Tenement is'' and inserting ``the Lower East Side 
                Tenements are'';
          (2) in section 102--
                  (A) in paragraph (1), by striking ``Lower East Side 
                Tenement found at 97 Orchard Street'' and inserting 
                ``Lower East Side Tenements found at 97 and 103 Orchard 
                Street''; and
                  (B) in paragraph (2), by striking ``which owns and 
                operates the tenement building at 97 Orchard Street'' 
                and inserting ``which owns and operates the tenement 
                buildings at 97 and 103 Orchard Street'';
          (3) in section 103(a), by striking ``the Lower East Side 
        Tenement at 97 Orchard Street, in the City of New York, State 
        of New York, is designated'' and inserting ``the Lower East 
        Side Tenements at 97 and 103 Orchard Street, in the City of New 
        York, State of New York, are designated''; and
          (4) in section 104(d), by striking ``the property at 97 
        Orchard Street'' and inserting ``the properties at 97 and 103 
        Orchard Street''.

                          Purpose of the Bill

    The purpose of H.R. 1846 is to amend the Act establishing 
the Lower East Side Tenement National Historic Site.

                  Background and Need for Legislation

    In 1988, the Lower East Side Tenement Museum was founded to 
preserve and interpret the history of immigration through the 
personal experiences of generations of newcomers who settled in 
and built lives on Manhattan's Lower East Side. In 1994, the 
Lower East Side Tenement was declared a National Historic 
Landmark, and later in 1998 the Lower East Side Tenement 
National Historic Site was designated as an affiliated site of 
the National Park System. Affiliated sites are not owned or 
managed by the federal government.
    In 2007, the Museum obtained a neighboring 1888 tenement 
(103 Orchard Street), which was restored and renovated to serve 
as a visitor and education center. H.R. 1846 would expand the 
boundaries of the National Historic Site to include the 
building.

                            Committee Action

    H.R. 1846 was introduced on May 7, 2013, by Congresswoman 
Nydia M. Velazquez (D-NY). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
October 3, 2013, the Subcommittee held a hearing on the bill. 
On October 30, 2013, the Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an amendment designated 
#1 to the bill; the amendment was adopted by unanimous consent. 
No further amendments were offered and the bill, as amended, 
was then adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            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

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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 Office:

H.R. 1846--Lower East Side Tenement National Historic Site Amendments 
        Act

    H.R. 1846 would expand the boundaries of the Lower East 
Side Tenement National Historic Site in New York City, New 
York. The current site is located at 97 Orchard Street, and the 
legislation would add 103 Orchard Street to the site. 
Established in 1998, the Lower East Side Tenement National 
Historic Site is owned and operated by the Lower East Side 
Tenement Museum, a nonprofit organization authorized to receive 
technical and financial assistance from the National Park 
Service (NPS). In recent years, NPS has provided about $250,000 
annually in assistance to the museum. Based on information 
provided by NPS, CBO estimates that implementing H.R. 1846 
would not significantly increase that assistance and would have 
no significant impact on the federal budget. Enacting H.R. 1846 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    H.R. 1846 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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. Based on 
information provided by NPS, CBO estimates that implementing 
H.R. 1846 would have no significant impact on the federal 
budget.
    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 amend the Act establishing the 
Lower East Side Tenement National Historic Site.

                           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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    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.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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 105-378


  AN ACT To establish the Lower East Side Tenement National Historic 
                     Site, and for other purposes.

   TITLE I--LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE, NEW YORK

SEC. 101. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1)(A) immigration, and the resulting diversity of 
        cultural influences, is a key factor in defining the 
        identity of the United States; and
          (B) many United States citizens trace their ancestry 
        to persons born in nations other than the United 
        States;
          (2) the latter part of the 19th century and the early 
        part of the 20th century marked a period in which the 
        volume of immigrants coming to the United States far 
        exceeded that of any time prior to or since that 
        period;
          (3) no single identifiable neighborhood in the United 
        States absorbed a comparable number of immigrants than 
        the Lower East Side neighborhood of Manhattan in New 
        York City;
          (4) [the Lower East Side Tenement at 97 Orchard 
        Street in New York City is an outstanding survivor] the 
        Lower East Side Tenements at 97 and 103 Orchard Street 
        in New York City are outstanding survivors of the vast 
        number of humble buildings that housed immigrants to 
        New York City during the greatest wave of immigration 
        in American history;
          (5) [the Lower East Side Tenement is] the Lower East 
        Side Tenements are owned and operated as a museum by 
        the Lower East Side Tenement Museum;
          (6) the Lower East Side Tenement Museum is dedicated 
        to interpreting immigrant life within a neighborhood 
        long associated with the immigrant experience in the 
        United States, New York City's Lower East Side, and its 
        importance to United States history; and
          (7)(A) the Director of the National Park Service 
        found the Lower East Side Tenement at 97 Orchard Street 
        to be nationally significant; and
          (B) the Secretary of the Interior declared the Lower 
        East Side Tenement a National Historic Landmark on 
        April 19, 1994; and
          (C) the Director of the National Park Service, 
        through a special resource study, found the Lower East 
        Side Tenement suitable and feasible for inclusion in 
        the National Park System.
  (b) Purposes.--The purposes of this title are--
          (1) to ensure the preservation, maintenance, and 
        interpretation of this site and to interpret at the 
        site the themes of immigration, tenement life in the 
        latter half of the 19th century and the first half of 
        the 20th century, the housing reform movement, and 
        tenement architecture in the United States;
          (2) to ensure continued interpretation of the 
        nationally significant immigrant phenomenon associated 
        with New York City's Lower East Side and the Lower East 
        Side's role in the history of immigration to the United 
        States; and
          (3) to enhance the interpretation of the Castle 
        Clinton, Ellis Island, and Statue of Liberty National 
        Monuments.

SEC. 102. DEFINITIONS.

  As used in this title:
          (1) Historic site.--The term ``historic site'' means 
        the [Lower East Side Tenement found at 97 Orchard 
        Street] Lower East Side Tenements found at 97 and 103 
        Orchard Street on Manhattan Island in the City of New 
        York, State of New York, and designated as a national 
        historic site by section 103.
          (2) Museum.--The term ``Museum'' means the Lower East 
        Side Tenement Museum, a nonprofit organization 
        established in the City of New York, State of New York, 
        [which owns and operates the tenement building at 97 
        Orchard Street] which owns and operates the tenement 
        buildings at 97 and 103 Orchard Street and manages 
        other properties in the vicinity of 97 Orchard Street 
        as administrative and program support facilities for 97 
        Orchard Street.
          (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.

SEC. 103. ESTABLISHMENT OF HISTORIC SITE.

  (a) In General.--To further the purposes of this title and 
the Act entitled ``An Act to provide for the preservation of 
historic American sites, buildings, objects, and antiquities of 
national significance, and for other purposes'', approved 
August 21, 1935 (16 U.S.C. 461 et seq.), [the Lower East Side 
Tenement at 97 Orchard Street, in the City of New York, State 
of New York, is designated] the Lower East Side Tenements at 97 
and 103 Orchard Street, in the City of New York, State of New 
York, are designated a national historic site.
  (b) Coordination With National Park System.--
          (1) Affiliated site.--The historic site shall be an 
        affiliated site of the National Park System.
          (2) Coordination.--The Secretary, in consultation 
        with the Museum, shall coordinate the operation and 
        interpretation of the historic site with the Statue of 
        Liberty National Monument, Ellis Island National 
        Monument, and Castle Clinton National Monument. The 
        historic site's story and interpretation of the 
        immigrant experience in the United States is directly 
        related to the themes and purposes of these National 
        Monuments.
  (c) Ownership.--The historic site shall continue to be owned, 
operated, and managed by the Museum.

SEC. 104. MANAGEMENT OF THE HISTORIC SITE.

  (a) Cooperative Agreement.--The Secretary may enter into a 
cooperative agreement with the Museum to ensure the marking, 
interpretation, and preservation of the national historic site 
designated by section 103(a).
  (b) Technical and Financial Assistance.--The Secretary may 
provide technical and financial assistance to the Museum to 
mark, interpret, and preserve the historic site, including 
making preservation-related capital improvements and repairs.
  (c) General Management Plan.--
          (1) In general.--The Secretary, in consultation with 
        the Museum, shall develop a general management plan for 
        the historic site that defines the role and 
        responsibility of the Secretary with regard to the 
        interpretation and the preservation of the historic 
        site.
          (2) Integration with national monuments.--The plan 
        shall outline how interpretation and programming for 
        the historic site shall be integrated and coordinated 
        with the Statue of Liberty National Monument, Ellis 
        Island National Monument, and Castle Clinton National 
        Monument to enhance the story of the historic site and 
        these National Monuments.
          (3) Completion.--The plan shall be completed not 
        later than 2 years after the date of enactment of this 
        Act.
  (d) Limited Role of Secretary.--Nothing in this title 
authorizes the Secretary to acquire [the property at 97 Orchard 
Street] the properties at 97 and 103 Orchard Street or to 
assume overall financial responsibility for the operation, 
maintenance, or management of the historic site.

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