[House Report 113-438]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-438
======================================================================
HINCHLIFFE STADIUM HERITAGE ACT
_______
May 6, 2014.--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. 2430]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2430) to adjust the boundaries of Paterson Great
Falls National Historical Park to include Hinchliffe Stadium,
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 ``Hinchliffe Stadium Heritage Act''.
SEC. 2. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK BOUNDARY
ADJUSTMENT.
Section 7001 of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 410lll) is amended as follows:
(1) In subsection (b)(3)--
(A) by striking ``The Park shall'' and inserting
``(A) The Park shall'';
(B) by redesignating subparagraphs (A) through (G) as
clauses (i) through (vii), respectively; and
(C) by adding at the end the following:
``(B) In addition to the lands described in
subparagraph (A), the Park shall include the
approximately 6 acres of land containing Hinchliffe
Stadium and generally depicted as the `Boundary
Modification Area' on the map entitled `Paterson Great
Falls National Historical Park, Proposed Boundary
Modification', numbered T03/120,155, and dated April
2014, which shall be administered as part of the Park
in accordance with subsection (c)(1) and section 3 of
the Hinchliffe Stadium Heritage Act.''.
(2) In subsection (b)(4), by striking ``The Map'' and
inserting ``The Map and the map referred to in paragraph
(3)(B)''.
(3) In subsection (c)(4)--
(A) in subparagraph (A), by striking ``The
Secretary'' and inserting ``Except as provided in
subparagraphs (B) and (C), the Secretary''; and
(B) by inserting after subparagraph (B) the
following:
``(C) Hinchliffe stadium.--The Secretary may not
acquire fee title to Hinchliffe Stadium, but may
acquire a preservation easement in Hinchliffe Stadium
if the Secretary determines that doing so will
facilitate resource protection of the stadium.''.
SEC. 3. ADDITIONAL CONSIDERATIONS FOR HINCHLIFFE STADIUM.
In administering the approximately 6 acres of land containing
Hinchliffe Stadium and generally depicted as the ``Boundary
Modification Area'' on the map entitled ``Paterson Great Falls National
Historical Park, Proposed Boundary Modification'', numbered T03/
120,155, and dated April 2014, the Secretary of the Interior--
(1) may not include non-Federal property within the
approximately 6 acres of land as part of Paterson Great Falls
National Historical Park without the written consent of the
owner;
(2) may not acquire by condemnation any land or interests in
land within the approximately 6 acres of land; and
(3) shall not construe this Act or the amendments made by
this Act to create buffer zones outside the boundaries of the
Paterson Great Falls National Historical Park. That activities
or uses can be seen, heard or detected from areas within the
approximately 6 acres of land added to the Paterson Great Falls
National Historical Park by this Act shall not preclude, limit,
control, regulate or determine the conduct or management of
activities or uses outside of the Paterson Great Falls National
Historical Park.
Purpose of the Bill
The purpose of H.R. 2430 is to adjust the boundaries of
Paterson Great Falls National Historical Park to include
Hinchliffe Stadium.
Background and Need for Legislation
Hinchliffe Stadium is an historic 10,000-seat municipal
stadium in Paterson, New Jersey, built in 1931-1932 and
surrounded by the city's National Landmark Historic District.
It is one of only a handful of stadiums surviving that once
played host to significant Negro League baseball.
When Congress created the Paterson Great Falls National
Historical Park in 2009, it also requested a study of the
stadium as a possible National Historic Landmark. Following a
successful finding, the designation was made in March 2013.
The stadium was originally owned by the municipality, but
eventually passed to the school system. After years of
deterioration, it was taken out of use in the mid-1990s.
Currently, work has been approved by the city that will
continue restoration work.
H.R. 2430 amends the boundaries of the National Park
Service managed Paterson Great Falls National Historical Park
to include the stadium, but does not require federal ownership.
Under current law, the property could only be acquired by
donation.
During Full Committee markup of the bill, the Committee
adopted an amendment offered by Congressman Raul M. Grijalva
(D-AZ) that would prohibit the Secretary of the Interior from
acquiring title to the stadium. The committee also adopted an
amendment offered by Congressman Rob Bishop (R-UT) that would
prohibit condemnation, require written consent of the owner to
include the stadium in the park boundaries, and prevent the
creation of buffer zones.
Committee Action
H.R. 2430 was introduced on June 19, 2013, by Congresswoman
Bill Pascrell, Jr. (D-NJ). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Public Lands and Environmental Regulation. On
March 6, 2014, the Subcommittee held a hearing on the bill. On
April 9, 2014, the Full 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; the amendment was adopted by unanimous consent. Congressman
Raul Grijalva (D-AZ) offered an amendment designated .020; the
amendment was adopted by unanimous consent. 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. 2430--Hinchliffe Stadium Heritage Act of 2013
H.R. 2430 would expand the Paterson Great Falls National
Historical Park in the state of New Jersey to include the
Hinchliffe Stadium. In March 2013, the National Park Service
(NPS) designated the stadium as a national historic landmark.
Based on information provided by NPS, CBO estimates that
implementing the legislation would have no significant effect
on the federal budget. Enacting H.R. 2430 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
CBO estimates that the legislation would not significantly
increase the park's operation costs and would not increase the
cost to acquire land for the park unit. H.R. 2430 would
authorize NPS to acquire a preservation easement for the
stadium and would prohibit the acquisition of title to the
property. CBO estimates that the legislation would increase
costs for survey work and the transfer of an easement. However,
those costs would be less than $100,000. CBO estimates that any
spending for cooperative agreements with the stadium owners
under H.R. 2430 to restore the stadium also could be incurred
under current law.
H.R. 2430 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on 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 the National Park Service, CBO
estimates that implementing the legislation would have no
significant effect 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 adjust the boundaries of Paterson
Great Falls National Historical Park to include Hinchliffe
Stadium.
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):
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
* * * * * * *
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, NEW JERSEY.
(a) Definitions.--In this section:
(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 subsection (e)(1).
(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
subsection (d).
(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
subsection (b)(1)(A).
(7) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(8) State.--The term ``State'' means the State of New
Jersey.
(b) Paterson Great Falls National Historical Park.--
(1) Establishment.--
(A) In general.--Subject to subparagraph (B),
there is established in the State a unit of the
National Park System to be known as the
``Paterson Great Falls National Historical
Park''.
(B) Conditions for establishment.--The Park
shall not be established until the date on
which the Secretary determines that--
(i)(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--
(aa) the Great Falls
State Park, including
facilities for Park
administration and
visitor services; or
(bb) any portion of
the Great Falls State
Park agreed to between
the Secretary and the
State or City; and
(ii) 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 section; and
(II) future uses of land
within the Historic District
will be compatible with the
designation of the Park.
(2) 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.
(3) Boundaries.--[The Park shall] (A) The Park shall
include the following sites, as generally depicted on
the Map:
[(A)] (i) The upper, middle, and
lower raceways.
[(B)] (ii) Mary Ellen Kramer (Great
Falls) Park and adjacent land owned by
the City.
[(C)] (iii) A portion of Upper
Raceway Park, including the Ivanhoe
Wheelhouse and the Society for
Establishing Useful Manufactures
Gatehouse.
[(D)] (iv) Overlook Park and adjacent
land, including the Society for
Establishing Useful Manufactures
Hydroelectric Plant and Administration
Building.
[(E)] (v) The Allied Textile Printing
site, including the Colt Gun Mill
ruins, Mallory Mill ruins, Waverly Mill
ruins, and Todd Mill ruins.
[(F)] (vi) The Rogers Locomotive
Company Erecting Shop, including the
Paterson Museum.
[(G)] (vii) The Great Falls Visitor
Center.
(B) In addition to the lands described in
subparagraph (A), the Park shall include the
approximately 6 acres of land containing Hinchliffe
Stadium and generally depicted as the ``Boundary
Modification Area'' on the map entitled ``Paterson
Great Falls National Historical Park, Proposed Boundary
Modification'', numbered T03/120,155, and dated April
2014, which shall be administered as part of the Park
in accordance with subsection (c)(1) and section 3 of
the Hinchliffe Stadium Heritage Act.
(4) Availability of map.--[The Map] The Map and the
map referred to in paragraph (3)(B) shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(5) Publication of notice.--Not later than 60 days
after the date on which the conditions in clauses (i)
and (ii) of paragraph (1)(B) 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.
(c) Administration.--
(1) In general.--The Secretary shall administer the
Park in accordance with--
(A) this section; and
(B) the laws generally applicable to units of
the National Park System, including--
(i) the National Park Service Organic
Act (16 U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16
U.S.C. 461 et seq.).
(2) State and local jurisdiction.--Nothing in this
section enlarges, diminishes, or modifies any authority
of the State, or any political subdivision of the State
(including the City)--
(A) to exercise civil and criminal
jurisdiction; or
(B) to carry out State laws (including
regulations) and rules on non-Federal land
located within the boundary of the Park.
(3) Cooperative agreements.--
(A) In general.--As the Secretary determines
to be appropriate to carry out this section,
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.
(B) Right of access.--A cooperative agreement
entered into under subparagraph (A) 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--
(i) conducting visitors through the
properties; and
(ii) interpreting the properties for
the public.
(C) Changes or alterations.--No changes or
alterations shall be made to any properties
covered by a cooperative agreement entered into
under subparagraph (A) unless the Secretary and
the other party to the agreement agree to the
changes or alterations.
(D) Conversion, use, or disposal.--Any
payment made by the Secretary under this
paragraph shall be subject to an agreement that
the conversion, use, or disposal of a project
for purposes contrary to the purposes of this
section, as determined by the Secretary, shall
entitle the United States to reimbursement in
amount equal to the greater of--
(i) the amounts made available to the
project by the United States; or
(ii) the portion of the increased
value of the project attributable to
the amounts made available under this
paragraph, as determined at the time of
the conversion, use, or, disposal.
(E) Matching funds.--
(i) In general.--As a condition of
the receipt of funds under this
paragraph, 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.
(ii) Form.--With the approval of the
Secretary, the non-Federal share
required under clause (i) may be in the
form of donated property, goods, or
services from a non-Federal source.
(4) Acquisition of land.--
(A) In general.--[The Secretary] Except as
provided in subparagraphs (B) and (C), 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.
(B) 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.
(C) Hinchliffe stadium.--The Secretary may
not acquire fee title to Hinchliffe Stadium,
but may acquire a preservation easement in
Hinchliffe Stadium if the Secretary determines
that doing so will facilitate resource
protection of the stadium.
(5) 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.
(d) Management Plan.--
(1) In general.--Not later than 3 fiscal years after
the date on which funds are made available to carry out
this subsection, the Secretary, in consultation with
the Commission, shall complete a management plan for
the Park in accordance with--
(A) 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
(B) other applicable laws.
(2) 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.
(3) Submission to congress.--On completion of the
management plan, the Secretary shall submit the
management plan to--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(e) Paterson Great Falls National Historical Park Advisory
Commission.--
(1) Establishment.--There is established a commission
to be known as the ``Paterson Great Falls National
Historical Park Advisory Commission''.
(2) Duties.--The duties of the Commission shall be to
advise the Secretary in the development and
implementation of the management plan.
(3) Membership.--
(A) Composition.--The Commission shall be
composed of 9 members, to be appointed by the
Secretary, of whom--
(i) 4 members shall be appointed
after consideration of recommendations
submitted by the Governor of the State;
(ii) 2 members shall be appointed
after consideration of recommendations
submitted by the City Council of
Paterson, New Jersey;
(iii) 1 member shall be appointed
after consideration of recommendations
submitted by the Board of Chosen
Freeholders of Passaic County, New
Jersey; and
(iv) 2 members shall have experience
with national parks and historic
preservation.
(B) Initial appointments.--The Secretary
shall appoint the initial members of the
Commission not later than the earlier of--
(i) the date that is 30 days after
the date on which the Secretary has
received all of the recommendations for
appointments under subparagraph (A); or
(ii) the date that is 30 days after
the Park is established in accordance
with subsection (b).
(4) Term; vacancies.--
(A) Term.--
(i) In general.--A member shall be
appointed for a term of 3 years.
(ii) Reappointment.--A member may be
reappointed for not more than 1
additional term.
(B) Vacancies.--A vacancy on the Commission
shall be filled in the same manner as the
original appointment was made.
(5) Meetings.--The Commission shall meet at the call
of--
(A) the Chairperson; or
(B) a majority of the members of the
Commission.
(6) Quorum.--A majority of the Commission shall
constitute a quorum.
(7) Chairperson and vice chairperson.--
(A) In general.--The Commission shall select
a Chairperson and Vice Chairperson from among
the members of the Commission.
(B) Vice chairperson.--The Vice Chairperson
shall serve as Chairperson in the absence of
the Chairperson.
(C) Term.--A member may serve as Chairperson
or Vice Chairman for not more than 1 year in
each office.
(8) Commission personnel matters.--
(A) Compensation of members.--
(i) In general.--Members of the
Commission shall serve without
compensation.
(ii) 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.
(B) Staff.--
(i) 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.
(ii) 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.
(9) FACA nonapplicability.--Section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
(10) Termination.--The Commission shall terminate 10
years after the date of enactment of this Act.
(f) Study of Hinchliffe Stadium.--
(1) In general.--Not later than 3 fiscal years after
the date on which funds are made available to carry out
this section, the Secretary shall complete a study
regarding the preservation and interpretation of
Hinchliffe Stadium, which is listed on the National
Register of Historic Places.
(2) Inclusions.--The study shall include an
assessment of--
(A) the potential for listing the stadium as
a National Historic Landmark; and
(B) options for maintaining the historic
integrity of Hinchliffe Stadium.
(g) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section.
* * * * * * *