[House Report 113-687] [From the U.S. Government Publishing Office] 113th Congress} { Report HOUSE OF REPRESENTATIVES 2d Session } { 113-687 ====================================================================== BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK ESTABLISHMENT ACT _______ December 22, 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. 706] [Including cost estimate of the Congressional Budget Office] The Committee on Natural Resources, to whom was referred the bill (H.R. 706) to establish the Blackstone River Valley National Historical Park, to dedicate the Park to John H. Chafee, 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 ``Blackstone River Valley National Historical Park Establishment Act''. SEC. 2. DEFINITIONS. In this Act: (1) National heritage corridor.--The term ``National Heritage Corridor'' means the John H. Chafee Blackstone River Valley National Heritage Corridor. (2) Park.--The term ``Park'' means the Blackstone River Valley National Historical Park established under section 3. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) States.--The term ``States'' means-- (A) the State of Massachusetts; and (B) the State of Rhode Island. SEC. 3. BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK. (a) Establishment.--There is established in the States a unit of the National Park System, to be known as the ``Blackstone River Valley National Historical Park''. (b) Historic Sites and Districts.--The Park may include-- (1) Blackstone River State Park; and (2) the following resources, as described in Management Option 3 of the study entitled ``Blackstone River Valley Special Resource Study--Study Report 2011'': (A) Old Slater Mill National Historic Landmark District. (B) Slatersville Historic District. (C) Ashton Historic District. (D) Whitinsville Historic District. (E) Hopedale Village Historic District. (F) Blackstone River and the tributaries of Blackstone River. (G) Blackstone Canal. (c) Acquisition of Land; Park Boundary.-- (1) Land acquisition.--The Secretary may acquire land or interests in land in the historic sites and districts described in subsection (b)(2) for inclusion in the Park boundary by donation or exchange. (2) Park boundary.--On a determination by the Secretary that a sufficient quantity of land or interests in land has been acquired to constitute a manageable park unit, the Secretary may establish a boundary for the Park by publishing a boundary map in the Federal Register. (3) Boundary adjustment.--On the acquisition of additional land or interests in land under paragraph (1), the boundary of the Park shall be adjusted to reflect the acquisition by publishing a Park boundary map in the Federal Register. (4) Availability of map.--The maps referred to in this subsection shall be available for public inspection in the appropriate offices of the National Park Service. (5) Written consent of the owner.--No non-Federal property may be included in the Park without the written consent of the owner. (6) Limitation.--Land owned by the States or a political subdivision of the States may be acquired under this subsection only by donation. (d) Administration.-- (1) In general.--The Secretary shall administer land within the boundary of 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) General management plan.-- (A) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the Park-- (i) in consultation with the States and other interested parties; and (ii) in accordance with section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)). (B) Requirements.--The plan shall consider ways to use preexisting or planned visitor facilities and recreational opportunities developed in the National Heritage Corridor, including-- (i) the Blackstone Valley Visitor Center, Pawtucket, Rhode Island; (ii) the Captain Wilbur Kelly House, Blackstone River State Park, Lincoln, Rhode Island; (iii) the Museum of Work and Culture, Woonsocket, Rhode Island; (iv) the River Bend Farm/Blackstone River and Canal Heritage State Park, Uxbridge, Massachusetts; (v) the Worcester Blackstone Visitor Center, located at the former Washburn & Moen wire mill facility, Worcester, Massachusetts; (vi) the Route 295 Visitor Center adjacent to Blackstone River State Park; and (vii) the Blackstone River Bikeway. (3) Technical assistance.--The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Blackstone River Valley resources not included within the Park. (4) Cooperative agreements.-- (A) In general.--The Secretary may enter into cooperative agreements to carry out this Act. (B) Matching requirement.--The Secretary shall require that any Federal funds made available under a cooperative agreement entered into under this paragraph are to be matched on a 1-to-1 basis by non-Federal funds. (C) Reimbursement.--Any payment made by the Secretary under subparagraph (A) shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this section, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of-- (i) the amount provided by the Secretary to the project under subparagraph (A); or (ii) an amount equal to the increase in the value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal. (D) Public access.--Any cooperative agreement entered into under this paragraph shall provide for reasonable public access to the resources covered by the cooperative agreement. (e) Dedication; Memorial.-- (1) In general.--Congress dedicates the Park to John H. Chafee, the former United States Senator from Rhode Island, in recognition of-- (A) the role of John H. Chafee in the preservation of the resources of the Blackstone River Valley and the heritage corridor that bears the name of John H. Chafee; and (B) the decades of the service of John H. Chafee to the people of Rhode Island and the United States. (2) Memorial.--The Secretary shall display a memorial at an appropriate location in the Park that recognizes the role of John H. Chafee in preserving the resources of the Blackstone River Valley for the people of the United States. (f) No Use of Condemnation.--The Secretary may not acquire by condemnation any land or interest in land under this Act for the purposes of this Act. (g) No Buffer Zone Created.--Nothing in this Act, the establishment of the Park, or the management plan for the Park shall be construed to create buffer zones outside of the Park. That activities or uses can be seen, heard, or detected from areas within the Park shall not preclude, limit, control, regulate, or determine the conduct or management of activities or uses outside of the Park. PURPOSE OF THE BILL The purpose of H.R. 706 is to establish the Blackstone River Valley National Historical Park and to dedicate the Park to John H. Chafee. BACKGROUND AND NEED FOR LEGISLATION The Blackstone River Valley National Heritage Corridor was established by Public Law 99-647 in 1986 to preserve and interpret the unique and significant contributions to our national heritage of historic and cultural lands, waterways, and structures within the Blackstone River Valley in Massachusetts and Rhode Island. The Corridor is considered the origin of America's textile industry and influenced the course of the American industrial revolution. In 2011, the National Park Service completed a special resource study which identified the industrial heritage resources of the Blackstone River Valley and determined that the Corridor contained nationally significant resources which were suitable and feasible for inclusion in the National Park System. H.R. 706 establishes the Blackstone River Valley National Historical Park. The Blackstone River Valley National Historical Park would encompass much of the area within the Corridor in both Rhode Island and Massachusetts, including the Blackstone River and its tributaries; the Blackstone Canal; the non-contiguous historic districts of Old Slater Mill in Pawtucket, the villages of Slatersville (in North Smithfield) and Ashton (in Cumberland), Rhode Island; and Whitinsville (in Northbridge) and Hopedale in Massachusetts. During Full Committee markup of the bill, an amendment was adopted to remove language that would reauthorize and expand the existing heritage area. The amendment also added private property right protections, which include requiring written consent from property owners before their land could be included in the park boundaries and prohibiting the creation of buffer zones. Land acquisition is limited to donation or exchange only and condemnation is specifically prohibited. COMMITTEE ACTION H.R. 706 was introduced on February 14, 2013, by Congressman David Cicilline (D-RI). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on Public Lands and Environmental Regulation. On July 23, 2013, the Subcommittee held a hearing on the bill. On September 18, 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 Doc Hastings (R-WA) offered an amendment designated #1 to the bill; 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. 706--Blackstone River Valley National Historical Park Establishment Act H.R. 706 would establish the Blackstone River Valley National Historical Park in and around the existing Blackstone River Valley National Heritage Corridor in the states of Massachusetts and Rhode Island. Under the legislation, land for the proposed park unit could only be acquired through donation or exchange. Based on information provided by the National Park Service (NPS), CBO estimates that implementing the bill would cost $8 million over the 2015-2019 period, assuming appropriation of the necessary amounts. That estimate includes costs to rehabilitate sites and operate the new historical park and assumes the park would consist of approximately 1,400 acres. Those costs would vary depending on the acreage acquired for the park. Pay-as-you-go procedures do not apply to this legislation because it would not affect direct spending or revenues. H.R. 706 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act; any costs incurred by state, local, or tribal governments, including matching contributions, would result from participation in a voluntary federal program. On June 20, 2013, CBO transmitted a cost estimate for S. 371, the Blackstone River Valley National Historical Park Establishment Act, as ordered reported by the Senate Committee on Energy and Natural Resources on May 16, 2013. The two bills have one major difference: H.R. 706 would authorize NPS to acquire land only through donation or exchange, while S. 371 would authorize NPS to use appropriated funds to acquire land. Therefore, CBO estimates that the land acquired under H.R. 706 would be roughly half the size of the land acquired under S. 371. CBO estimated that implementing S. 371 would cost about $26 million over the 2015-2019 period because the NPS would purchase more land for the park and the larger size of the park would require more operating and rehabilitation spending than under H.R. 706. 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, credit authority, or an increase or decrease in revenues or tax expenditures. CBO estimates that implementing the bill would cost $8 million over the 2015-2019 period, assuming appropriation of the necessary amounts. 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 Blackstone River Valley National Historical Park and to dedicate the Park to John H. Chafee. 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 If enacted, this bill would make no changes in existing law.