[House Report 106-138]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-138
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THOMAS COLE NATIONAL HISTORIC SITE ACT
_______
May 13, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 658]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 658) to establish the Thomas Cole National Historic Site
in the State of New York as an affiliated area of the National
Park System, 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 out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Thomas Cole National
Historic Site Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
Sec. 4. Establishment of Thomas Cole National Historic Site.
Sec. 5. Retention of ownership and management of historic site by
Greene County Historical Society.
Sec. 6. Administration of historic site.
Sec. 7. Authorization of appropriations.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``historic site'' means the Thomas Cole National
Historic Site established by section 4 of this Act.
(2) The term ``Hudson River artists'' means artists who were
associated with the Hudson River school of landscape painting.
(3) The term ``plan'' means the general management plan
developed pursuant to section 6(d).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Society'' means the Greene County Historical
Society of Greene County, New York, which owns the Thomas Cole
home, studio, and other property comprising the historic site.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Hudson River school of landscape painting was
inspired by Thomas Cole and was characterized by a group of
19th century landscape artists who recorded and celebrated the
landscape and wilderness of America, particularly in the Hudson
River Valley region in the State of New York.
(2) Thomas Cole is recognized as America's most prominent
landscape and allegorical painter of the mid-19th century.
(3) Located in Greene County, New York, the Thomas Cole
House, also known as Thomas Cole's Cedar Grove, is listed on
the National Register of Historic Places and has been
designated as a National Historic Landmark.
(4) Within a 15 mile radius of the Thomas Cole House, an area
that forms a key part of the rich cultural and natural heritage
of the Hudson River Valley region, significant landscapes and
scenes painted by Thomas Cole and other Hudson River artists,
such as Frederic Church, survive intact.
(5) The State of New York has established the Hudson River
Valley Greenway to promote the preservation, public use, and
enjoyment of the natural and cultural resources of the Hudson
River Valley region.
(6) Establishment of the Thomas Cole National Historic Site
will provide opportunities for the illustration and
interpretation of cultural themes of the heritage of the United
States and unique opportunities for education, public use, and
enjoyment.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret the home and studio of Thomas
Cole for the benefit, inspiration, and education of the people
of the United States;
(2) to help maintain the integrity of the setting in the
Hudson River Valley region that inspired artistic expression;
(3) to coordinate the interpretive, preservation, and
recreational efforts of Federal, State, and other entities in
the Hudson Valley region in order to enhance opportunities for
education, public use, and enjoyment; and
(4) to broaden understanding of the Hudson River Valley
region and its role in American history and culture.
SEC. 4. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC SITE.
(a) Establishment.--There is established, as an affiliated area of
the National Park System, the Thomas Cole National Historic Site in the
State of New York.
(b) Description.--The historic site shall consist of the home and
studio of Thomas Cole, comprising approximately 3.4 acres, located at
218 Spring Street, in the village of Catskill, New York, as generally
depicted on the boundary map numbered TCH/80002, and dated March 1992.
SEC. 5. RETENTION OF OWNERSHIP AND MANAGEMENT OF HISTORIC SITE BY
GREENE COUNTY HISTORICAL SOCIETY.
The Greene County Historical Society of Greene County, New York,
shall continue to own, administer, manage, and operate the historic
site.
SEC. 6. ADMINISTRATION OF HISTORIC SITE.
(a) Applicability of National Park System Laws.--The historic site
shall be administered in a manner consistent with this Act and all laws
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the
National Park Service Organic Act), and the Act of August 21, 1935 (16
U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings,
and Antiquities Act).
(b) Cooperative Agreements.--
(1) Assistance to society.--The Secretary may enter into
cooperative agreements with the Society to preserve the Thomas
Cole House and other structures in the historic site and to
assist with education programs and research and interpretation
of the Thomas Cole House and associated landscapes.
(2) Other assistance.--To further the purposes of this Act,
the Secretary may enter into cooperative agreements with the
State of New York, the Society, the Thomas Cole Foundation, and
other public and private entities to facilitate public
understanding and enjoyment of the lives and works of the
Hudson River artists through the provision of assistance to
develop, present, and fund art exhibits, resident artist
programs, and other appropriate activities related to the
preservation, interpretation, and use of the historic site.
(c) Artifacts and Property.--The Secretary may acquire personal
property associated with, and appropriate for, the interpretation of
the historic site.
(d) General Management Plan.--Within two complete fiscal years after
the date of the enactment of this Act, the Secretary shall develop a
general management plan for the historic site with the cooperation of
the Society. Upon the completion of the plan, the Secretary shall
provide a copy of the plan to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives. The plan shall include recommendations for regional
wayside exhibits, to be carried out through cooperative agreements with
the State of New York and other public and private entities. The plan
shall be prepared in accordance with section 12(b) of Public Law 91-383
(16 U.S.C. 1a-1 et seq.; commonly known as the National Park System
General Authorities Act).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
purpose of the bill
The purpose of H.R. 658 is to establish the Thomas Cole
National Historic Site in the State of New York as an
affiliated area of the National Park System.
background and need for legislation
The purpose of the proposed Thomas Cole House National
Historic Site is to preserve, protect, and interpret the
historic landscape and home of an extremely important American
artist, Thomas Cole. Thomas Cole (1801-1848) founded the Hudson
River School of art, an important cultural movement with great
significance to the beginning of the conservation movement.
The proposed historic site includes the home and studio of
Thomas Cole and is located on 3.4 acres of the original 88-acre
property in the village of Catskill, New York. They are largely
unchanged since his residence there. Within a 15-mile radius of
this home there are more than 20 sites which were painted by
the Hudson River School of artists, including 10 sites painted
by Cole. Nearby museums have many original Hudson School
paintings. Together these sites offer an excellent opportunity
for interpreting the artists' lives and work in conjunction
with the Hudson River movement.
H.R. 658 authorizes the Secretary of the Interior to
establish the Thomas Cole Site as an affiliated area of the
National Park Service. The Greene County Historical Society
shall continue to own, manage, and operate the historic site
and will administer the site consistent with the laws
applicable to the National Park System. The Historical Society,
with assistance from the Secretary, also will develop a
management plan within two fiscal years of enactment.
The Committee makes a note regarding H.R. 658. Although
this bill authorizes the Secretary of the Interior to acquire
personal property associated with and appropriate for this
historic site, the Committee emphasizes that no federal
appropriation made under Section 7 of this Act is to be used
for the purchase of paintings or other artwork.
COMMITTEE ACTION
H.R. 658 was introduced on February 9, 1999, by Congressman
John Sweeney (R-NY). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On March 18, 1999, the
Subcommittee met to mark up the bill where Congressman James V.
Hansen (R-UT) offered a minor amendment which was adopted by
voice vote. The bill was then ordered favorably reported to the
Full Committee by voice vote. On April 28, 1999, the Full
Resources Committee met to consider the bill. No further
amendments were offered and the bill, as amended, was then
ordered favorably reported to the House of Representatives by
voice vote.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant 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. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
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
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 6, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 658, the Thomas
Cole National Historic Site Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis (for federal costs), and Keith Mattrick (for the private-
sector impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 568--Thomas Cole National Historic Site Act
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 658 would cost the federal
government about $5 million over the next five years. H.R. 658
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
H.R. 658 would establish as an affiliated area of the
National Park System the Thomas Cole National Historic Site in
New York. The site, consisting of about three acres of land on
which the former home and studio of the artist are located,
would continue to be owned and operated by the Greene County
Historical Society. The bill would authorize the National Park
Service (NPS) to execute cooperative agreements with the
society, a local nonprofit organization, to preserve the house
and other on-site structures and to assist with educational
programs. The NPS may also enter into such agreements with the
society, the state, the Thomas Cole Foundation, or other groups
to assist them in developing and funding art exhibits, resident
artist programs, and other activities. H.R. 658 would authorize
the NPS to acquire personal property (other than art work)
associated with the historic site, and would require the NPS to
develop a general management plan for the site. Finally, the
bill would authorize the appropriation of whatever sums are
necessary for these purposes.
Assuming appropriation of the necessary amounts, CBO
estimates that the NPS would spend about $5 million over the
next few years to develop an interpretive program for the new
historic site, restore and improve site structures, perform
needed research and studies, acquire personal property, and
finally, to prepare the general management plan. Routine
operating and maintenance expenses of the historic site would
remain the responsibility of the historical society. The NPS
could provide assistance to the society for interpretive
activities, but we estimate that the annual costs of such
assistance or assistance under other cooperative agreements
would not be significant. This estimate is based on information
provided by the NPS and the historical society.
H.R. 658 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would have no
significant impact on the budgets of state, local, or tribal
governments.
H.R. 658 would impose a new private-sector mandate on the
Greene County Historical Society. The bill would require the
society to administer the Thomas Cole National Historic Site in
a manner consistent with laws that apply to components of the
National Park System. Based on information provided by the
society and the National Park Service, CBO estimates that the
direct costs of complying with this new mandate would fall well
below the threshold for private-sector mandates ($100 million,
adjusted annually for inflation) established in UMRA, in part
because the society already manages the site as a historic
landmark.
The CBO staff contacts are Deborah Reis (for federal costs)
and Keith Mattrick (for the private-sector impact). This
estimate was approved by Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.