[Senate Report 108-295]
[From the U.S. Government Publishing Office]
Calendar No. 614
108th Congress Report
SENATE
2d Session 108-295
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KATE MULLANY NATIONAL HISTORIC SITE ACT
_______
July 7, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1241]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1241) to establish the Kate Mullany
National Historic Site in the State of New York, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends 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.
This Act may be cited as the ``Kate Mullany National Historic Site
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means the American Labor
Studies Center.
(2) Historic site.--The term ``historic site'' means the Kate
Mullany National Historic Site established by section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. KATE MULLANY NATIONAL HISTORIC SITE.
(a) Establishment.--
(1) In general.--There is established as an affiliated area
of the National Park System the Kate Mullany National Historic
Site in the State of New York.
(2) Components.--The historic site shall consist of the home
of Kate Mullany, located at 350 Eighth Street in Troy, New
York.
(b) Administration.--
(1) In General.--The Center shall own, administer, and
operate the historic site.
(2) Applicability of national park system laws.--The historic
site shall be administered in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) the Act of August 25, 1916 (commonly
known as 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.).
(c) Cooperative Agreements.--(1) The Secretary may enter into
cooperative agreements with the Center under which the Secretary may
provide to the Center technical, planning, interpretive, construction,
and preservation assistance for--
(A) the preservation of the historic site; and
(B) educational, interpretive, and research activities
relating to the historic site and any related sites.
(2) The Secretary may provide to the Center financial assistance in
an amount equal to not more than $500,000 to assist the Center in
acquiring from a willing seller the structure adjacent to the historic
site, located at 352 Eighth Street in Troy, New York. On acquisition of
the structure, the Secretary shall revise the boundary of the historic
site to reflect the acquisition. The non-Federal share of the total
cost of acquiring the structure shall be at least 50 percent.
(d) General Management Plan.--
(1) In general.--Not later than 3 full fiscal years after the
date on which funds are made available to carry out this Act,
the Secretary, in cooperation with the Center, shall develop a
general management plan for the historic site.
(2) Contents.--The general management plan shall define the
role and responsibilities of the Secretary with respect to the
interpretation and preservation of the historic site.
(3) Applicable law.--The general management plan shall be
prepared in accordance with section 12(b) of the Act of August
18, 1970 (16 U.S.C. 1a-7(b)).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
PURPOSE OF THE MEASURE
The purpose of S. 1241, as ordered reported, is to
establish the Kate Mullany National Historic Site in the State
of New York as an affiliated area of the National Park System.
BACKGROUND AND NEED
Irish immigrant Kate Mullany organized and led the first
all female labor union in the United States. In the 1860s, the
city of Troy, New York was the site of the Nation's first
commercial laundry and produced most of the white starched
shirts, collars and cuffs in America. Most of the workers at
the laundry were women who typically labored twelve to fourteen
hours per day and earned about three dollars per week. When
employers installed new machinery that stepped up production,
but significantly worsened working conditions, Kate Mullany
stepped forward to fight for better wages and improved working
conditions. In February 1864, she led 300 workers in a week
long labor strike that resulted in the owners conceding all of
their demands. Unlike many other unions of the day, the
``Collar Laundry Union'' stayed organized long after their
initial battle, assisting other fledgling unions in the fight
to improve working conditions. In 1868, Kate Mullany gained
national recognition when William Sylvis appointed her to the
National Labor Union office, making her the first woman to be
appointed to that office.
The Kate Mullany House in Troy, New York is currently on
the National Register of Historic Places and has been
designated as a National Historic Landmark. The National
Historic Theme Study on American Labor History concluded that
the Kate Mullany House meets the criteria of national
significance, suitability and feasibility for inclusion in the
National Park System.
S. 1241 would authorize the Secretary of the Interior to
provide financial and technical assistance to the American
Labor Studies Center to enhance the preservation and
interpretation of the Kate Mullany House. The establishment of
the Kate Mullany National Historic Site as an affiliated area
of the National Park System would interpret for the benefit and
education of the American people the history of immigration,
industrial development and women workers in the United States.
LEGISLATIVE HISTORY
S. 1241 was introduced by Senators Clinton and Schumer on
June 11, 2003. The Senate Energy and Natural Resources
Committee Subcommittee on National Parks held a hearing on S.
1241 on October 30, 2003 (S. Hrg. 108-278).
The Committee on Energy and Natural Resources, ordered S.
1241, as amended, favorably reported on June 16, 2004.
Companion legislation, H.R. 305, was introduced by
Representative McNulty on January 8, 2003.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on June 16, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1241, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1241, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment makes several clarifying changes and removes the
statement of purposes and findings contained in section 1 of
the original bill. The amendment makes a substantive change by
designating the Kate Mullany National Historic Site as an
affiliated area of the National Park System. The original
language designated the site as a unit of the National Park
System, rather than a unit of the system. Affiliated areas
comprise a variety of locations in the United States and Canada
that preserve significant properties outside the National Park
System. Some of these have been recognized by Acts of Congress,
others have been designated national historic sites by the
Secretary of the Interior under authority of the Historic Sites
Act of 1935. As an affiliated area of the National Park System,
the Kate Mullany National Historic Site may draw on technical
or financial assistance provided by the Secretary of the
Interior, while remaining in private or state ownership, and
would be administered consistent with the laws generally
applicable to the National Park Service. The amendment is
described in detail in the section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles this bill the ``Kate Mullany National
Historic Site Act.'' Section 2 defines key terms used in this
Act. Section 3 establishes the Kate Mullany National Historic
Site in the State of New York as an affiliated area of the
National Park System. The site consists of the Kate Mullany
home, comprising approximately .06 acres, located at 350 Eighth
Street in Troy, New York. The site will be administered in
accordance with laws generally applicable to the National Park
System but will be owned and operated by the American Labor
Studies Center (Center).
This section also authorizes the Secretary of the Interior
(Secretary) to enter into cooperative agreements with the
Center and describes the types of assistance that may be
provided to the Center under those agreements. The Secretary is
authorized to provide not more than $500,000 to the Center to
acquire the property adjacent to the historic site. The non-
Federal share of the cost of this acquisition must be at least
50%.
Subsection (d) directs the Secretary to develop a General
Management Plan in cooperation with the Center, and to submit
the plan to Congress not later than 3 full fiscal years after
the date that funds are made available to carry out this Act.
Subsection (d) also describes the contents and requirements for
the plan.
Section 4 authorizes appropriation of such funds as are
necessary to carry out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1241, the Kate
Mullany National Historic Site Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 1241--Kate Mullany National Historic Site Act
S. 1241 would establish the Kate Mullany National Historic
Site in New York as an affiliated area of the National Park
System. The site would continue to be owned and operated by the
American Labor Studies Center. The bill would authorize the
National Park Service (NPS) to provide the center with
technical and financial assistance for planning, development,
interpretation, and preservation of the site, including up to
$500,000 for acquiring the adjacent half of the Kate Mullany
house. The NPS would be required to prepare a general
management plan for the site within three years of receiving
funding. Finally, the bill would authorize the appropriation of
whatever amounts are necessary for these purposes.
Based on historical experience with other affiliated areas
and assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 1241 would cost the federal
government about $2.5 million over the next five years. We
expect that $2 million of this amount would be spent to help
restore the Kate Mullany house and develop interpretive
materials and programs; the balance would be used by the NPS to
develop a management plan for the area and to contribute funds
towards the purchase of the adjacent property. We estimate
that, once the site has been restored, the NPS would contribute
about $100,000 annually for operating funds (also assuming the
availability of appropriated funds).
S. 1241 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 Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1241. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1241, as ordered reported.
EXECUTIVE COMMUNICATIONS
On May 19, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth executive views on S. 1241. These reports had not been
received at the time the report on S. 1241 was filed. when the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the Department of the
Interior at the Subcommittee hearing follows:
Statement of Durand Jones, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 1241, a bill to establish the Kate Mullany
National Historic Site in the State of New York. The Department
opposes enactment of the legislation.
The bill proposes establishment of a Kate Mullany National
Historic site as a new unit of the National Park System. The
site would comprise approximately \1/20\ of an acre at 350
Eighth Street, in Troy, New York, and would include the
southern half of a three-story brick apartment house now
designated as the Kate Mullany House National Historic
Landmark. The bill would authorize the Secretary to acquire the
site and additional real and personal property, to administer
the site, and to enter into cooperative agreements with the
Hudson-Mohawk Urban Cultural Park Commission and other public
and private entities to facilitate preservation and
interpretation of the site and related historic resources.
The Department opposes enactment of this bill for three
main reasons. First, there are already authorities and
mechanisms in place, at the federal, state, and local level, to
support the preservation and interpretation of the Kate Mullany
House National Historic Landmark. Second, the National Park
Service Organic Act (16 U.S.C. 1 a-5) and National Park Service
Management Policies 2001 state that areas should not be added
to the National Park System if preservation and management
alternatives exist. And third, to meet the President's
Initiative to eliminate the deferred maintenance backlog, we
need to continue to focus our resources on caring for existing
areas in the National Park System.
The building at 350-35 Eighth Street is the only surviving
structure known to be associated with Catherine A. (Kate)
Mullany--an immigrant laundry worker who organized and led
Troy's Collar Laundry Union from 1864 through 1870. The Collar
Laundry union was one of the first all-female unions in the
United States to operate over a sustained period. Mullany was
recognized in 1868 and 1869 at the meetings of the newly formed
National Labor Union both for her work with the Collar Laundry
Union and for that union's support and financial contributions
to striking union iron molders in Troy and bricklayers in New
York City. Kate Mullany lived with her widowed mother and
sister in an apartment on the top floor of 350 Eighth Street
from 1869-75, inherited the house when her mother died in 1876,
moved away, returned in 1903, and died there in 1906.
The southern half of 350-352 Eighth Street was designated
as the Kate Mullany House National Historic Landmark (NHL) in
1998. The building remained in private ownership until the
spring of 2003 when the southern half (the NHL portion) was
purchased by the New York AFL-CIO on behalf of the newly
established American Labor Studies Center, a 501(c)(3)
educational corporation.
The 1997 National Park Service (NPS) theme study on
American Labor History noted that the Mullany House should be
considered further for inclusion in the NPS system because it
illustrated previously underrepresented stories. A
reconnaissance Study, underway by the Northeast Region of the
National Park Service in 2003, suggests that while the Mullany
House is nationally significant, there are questions regarding
the suitability and the need for NPS management. Additionally,
the cost to operate the site and to provide adequate visitor
services would be more than if the site was near an existing
NPS unit where administrative functions could be shared.
Section 8 of the National Park Service Organic Act (16
U.S.C. 1a-5) and NPS Management Policies (Management Policies
2001) state that studies evaluating the suitability and
feasibility of areas proposed for inclusion in the National
Park System ``shall consider whether direct National Park
Service management or alternative protection by other public
agencies or the private sector is appropriate for the area''
and ``identify what alternative or combination of alternatives
would be most effective and efficient in protecting significant
resources and providing for public enjoyment.'' In this
instance, several authorities and mechanisms already exist for
the protection of the Kate Mullany House and the public
interpretation of her work and the larger story of the labor
movement in the Hudson-Mohawk region and the nation as a whole.
Given the overlapping local, state, and federal designations
and active interest by a non-profit organization, establishing
the site as a unit of the National Park System would be
redundant.
NPS acquisition or management of the Kate Mullany House is
not recommended because funding and technical support for its
preservation and interpretation are already available through
the Hudson River Valley National Heritage Area, New York
State's Hudson-Mohawk Heritage Area (RiverSpark), grant
programs administered by the New York State Office of Parks,
Recreation, and Historic Preservation, and existing non-profit
organizations--particularly the New York AFL-CIO and its
American Labor Studies Center. The site has also received
assistance and funding from the National Historic Landmarks and
Save America's Treasures programs.
Given the funding and personnel needs of existing units of
the National Park System, the fact that the site has been
purchased by the AFL-CIO, the existence of established
authorities and mechanisms to support the preservation and
interpretation of the Kate Mullany House National Historic
Landmark, and direction from the NPS Organic Act and Management
Policies that areas not be added to the system if preservation
and management alternatives exist, we respectfully oppose
enactment of S. 1241.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared remarks and I will be happy to
answer any questions you or other committee members might have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1241 as ordered
reported.