[DOCID: f:sr174.110]
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Calendar No. 372
110th Congress Report
SENATE
1st Session 110-174
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NIAGARA FALLS NATIONAL HERITAGE AREA ACT
_______
September 17, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 800]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 800) to establish the Niagara Falls
National Heritage Area 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 ``Niagara Falls National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Niagara
Falls National Heritage Area Commission established by section
4(a).
(2) Governor.--The term ``Governor'' means the Governor of
the State.
(3) Heritage area.--The term ``Heritage Area'' means the
Niagara Falls National Heritage Area established by section
3(a).
(4) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage
Area designated by section 3(d)(1).
(5) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section
5.
(6) Map.--The term ``map'' means the map entitled ``Niagara
Falls National Heritage Area'', numbered P76/80,000, and dated
July 2006.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(8) State.--The term ``State'' means the State of New York.
SEC. 3. NIAGARA FALLS NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the Niagara
Falls National Heritage Area.
(b) Boundaries.--The National Heritage Area shall consist of--
(1) the area from the western boundary of the town of
Wheatfield, New York, extending to the mouth of the Niagara
River on Lake Ontario, as depicted on the map, including--
(A) the city of Niagara Falls, New York;
(B) the villages of Youngstown and Lewiston, New
York; and
(C) land and water within the boundaries of the
Heritage Area in Niagara County, New York; and
(2) any additional thematically related sites within Erie and
Niagara Counties, New York, that are identified in the
management plan under section 5(b)(6).
(c) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the National Park
Service.
(d) Local Coordinating Entity.--
(1) Designation.--The local coordinating entity for the
Heritage Area shall be--
(A) for the 5-year period beginning on the date of
enactment of this Act, the Commission; and
(B) on expiration of the 5-year period described in
subparagraph (A), a private nonprofit or governmental
organization designated by the Commission.
(2) Authorities.--For purposes of implementing the management
plan, the local coordinating entity designated under paragraph
(1)(B) may use funds made available under this Act to--
(A) make grants to, and enter into cooperative
agreements with, the State (including a political
subdivision of the State), nonprofit organizations, or
any person;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(3) Duties.--Beginning on the date described in paragraph
(1)(B), the local coordinating entity designated by the
Commission under paragraph (1)(B) shall assume the duties of
the Commission described in section 4(h), other than the duties
described in paragraphs (1) and (8) of section 4(h).
SEC. 4. NIAGARA FALLS NATIONAL HERITAGE AREA COMMISSION.
(a) Establishment.--There is established within the Department of the
Interior the Niagara Falls National Heritage Area Commission.
(b) Membership.--The Commission shall be composed of 17 members, of
whom--
(1) 1 member shall be the Director of the National Park
Service (or a designee);
(2) 5 members shall be appointed by the Secretary, after
considering the recommendation of the Governor, from among
individuals with knowledge and experience of--
(A) the New York State Office of Parks, Recreation
and Historic Preservation, the Niagara River Greenway
Commission, the New York Power Authority, the USA
Niagara Development Corporation, and the Niagara
Tourism and Convention Corporation; or
(B) any successors of the agencies described in
subparagraph (A);
(3) 1 member shall be appointed by the Secretary, after
considering the recommendation of the mayor of Niagara Falls,
New York;
(4) 1 member shall be appointed by the Secretary, after
considering the recommendation of the mayor of the village of
Youngstown, New York;
(5) 1 member shall be appointed by the Secretary, after
considering the recommendation of the mayor of the village of
Lewiston, New York;
(6) 1 member shall be appointed by the Secretary, after
considering the recommendation of the Tuscarora Nation;
(7) 1 member shall be appointed by the Secretary, after
considering the recommendation of the Seneca Nation of Indians;
and
(8) 6 members shall be individuals that have an interest in,
support for, and expertise appropriate to tourism, regional
planning, history and historic preservation, cultural or
natural resource management, conservation, recreation, and
education, or museum services, of whom--
(A) 4 members shall be appointed by the Secretary,
after considering the recommendation of the 2 members
of the Senate from the State; and
(B) 2 members shall be appointed by the Secretary,
after considering the recommendation of the member of
the House of Representatives whose district encompasses
the Heritage Area.
(c) Terms; Vacancies.--
(1) Term.--A member of the Commission shall be appointed for
a term not to exceed 5 years.
(2) Vacancies.--
(A) Partial term.--A member appointed to fill a
vacancy on the Commission shall serve for the remainder
of the term for which the predecessor of the member was
appointed.
(B) In general.--A vacancy on the Commission shall be
filled in the same manner as the original appointment
was made.
(d) Chairperson and Vice Chairperson.--
(1) Selection.--The Commission shall select a Chairperson and
Vice Chairperson from among the members of the Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
the Chairperson in the absence of the Chairperson.
(e) Quorum.--
(1) In general.--A majority of the members of the Commission
shall constitute a quorum.
(2) Transaction.--For the transaction of any business or the
exercise of any power of the Commission, the Commission shall
have the power to act by a majority vote of the members present
at any meeting at which a quorum is in attendance.
(f) Meetings.--
(1) In general.--The Commission shall meet at least quarterly
at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(2) Notice.--Notice of Commission meetings and agendas for
the meetings shall be published in local newspapers that are
distributed throughout the Heritage Area.
(3) Applicable law.--Meetings of the Commission shall be
subject to section 552b of title 5, United States Code.
(g) Powers of the Commission.--To the extent that Federal funds are
appropriated, the Commission may--
(1) enter into contracts and execute any instruments
necessary or appropriate to carry out the purposes for which
the Commission is established, including the authority to
procure temporary and intermittent services and administrative
facilities at rates determined to be reasonable by the
Commission to carry out the duties of the Commission;
(2) appoint and fix the compensation of any staff that may be
necessary to carry out the duties of the Commission;
(3) request and accept from the head of any Federal agency,
on a reimbursable or nonreimbursable basis, any personnel of
the Federal agency to the Commission to assist in carrying out
the duties of the Commission;
(4) request and accept from the head of any State agency or
any agency of a political subdivision of the State, on a
reimbursable or nonreimbursable basis, any personnel of the
agency to the Commission to assist in carrying out the duties
of the Commission;
(5) make grants to assist in the development and
implementation of the management plan;
(6) negotiate and enter into any cooperative agreement,
lease, contract, or other arrangement with any person, firm,
association, organization, corporation, or governmental entity,
including Federal, State, tribal, and local government
entities, that is necessary to carry out the activities of the
Commission;
(7) seek, accept, and dispose of gifts, bequests, grants, or
donations of money, personal property, or services;
(8) assist in--
(A) developing educational, informational, and
interpretive programs and facilities; and
(B) any other activities that may promote the
implementation of the management plan;
(9) use the United States mails in the same manner as other
agencies of the Federal Government;
(10) establish any advisory groups that the Commission
determines to be necessary; and
(11) adopt, amend, and enforce bylaws and rules governing the
manner in which--
(A) the business of the Commission may be conducted;
and
(B) the powers vested in the Commission may be
exercised.
(h) Duties of the Commission.--To further the purposes of the
Heritage Area, the Commission shall--
(1) in accordance with section 5, develop and submit to the
Secretary for approval a management plan;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of, and appreciation
for, natural, historic, scenic, and cultural resources
of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
the themes of the Heritage Area;
(F) ensuring that clear, consistent, and appropriate
signs identifying points of public access and sites of
interest are posted throughout the Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the development and implementation of the management plan;
(4) conduct meetings open to the public regarding the
development and implementation of the management plan;
(5) coordinate projects, activities, and programs with the
Erie Canalway National Heritage Corridor;
(6) for any fiscal year for which Federal funds have been
received by the Commission under this Act--
(A) submit an annual report to the Secretary that
describes--
(i) the specific performance goals and
accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal funds
and the sources of the leveraging; and
(v) any grants made to any other entities
during the fiscal year;
(B) make available to the Secretary for audit any
records containing information relating to the
expenditure of Federal funds and any matching funds;
and
(C) require, with respect to all agreements
authorizing the expenditure of Federal funds by other
organizations, that the organization receiving the
funds make available to the Secretary for audit all
records and other information concerning the
expenditure of the funds;
(7) encourage, by appropriate means and consistent with the
purposes of the Heritage Area, the economic viability of the
Heritage Area; and
(8) assist in the transition of the management of the
Heritage Area from the Commission to the local coordinating
entity designated under section 3(d)(1)(B).
(i) Compensation of Members.--
(1) In general.--A member of the Commission shall serve
without compensation.
(2) Travel expenses.--A member 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.
(j) Gifts.--For purposes of section 170(c) of the Internal Revenue
Code of 1986, any gift or charitable contribution to the Commission
shall be considered to be a charitable contribution or gift to the
United States.
(k) Use of Federal Funds.--Except as provided for the leasing of
administrative facilities under subsection (g)(1), the Commission may
not use Federal funds made available to the Commission under this Act
to acquire any real property or interest in real property.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which funds
are first made available to carry out this Act, the Commission shall
submit to the Secretary for approval a management plan for the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, managing, and
developing the Heritage Area;
(2) take into consideration existing State, county, and local
plans;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historic, and cultural resources of the
Heritage Area;
(4) identify any existing and potential sources of funding or
economic development strategies to protect, manage, and develop
the Heritage Area;
(5) include an inventory of the natural, historic, scenic,
cultural, educational, and recreational resources of the
Heritage Area relating to the themes of the Heritage Area that
should be preserved, restored, managed, developed, or
maintained;
(6) establish criteria and identify thematically related
sites in Niagara and Erie Counties, New York, that--
(A) may participate in the Heritage Area; and
(B) shall be included in the boundary of the Heritage
Area;
(7) include recommended policies and strategies for resource
management that consider the application of appropriate land
and water management techniques, including the development of
intergovernmental and interagency cooperative agreements to
protect the natural, historic, scenic, cultural, educational,
and recreational resources of the Heritage Area;
(8) describe a program of implementation for the management
plan, including a description of--
(A) performance goals;
(B) plans for resource protection, restoration,
interpretation, enhancement, management, and
development; and
(C) any specific commitments for implementation that
have been made by the local coordinating entity or any
government, organization, or individual;
(9) include an analysis of, and recommendations for ways in
which, Federal, State, tribal, and local programs would best be
coordinated to further the purposes of this Act, including an
analysis of the role of the National Park Service in the
Heritage Area;
(10) include an interpretive plan for the Heritage Area;
(11) include a business plan that--
(A) describes the role, operation, financing, and
functions of--
(i) the local coordinating entity; and
(ii) each of the major activities addressed
in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan; and
(12) includes provisions for--
(A) the designation under section 3(d)(1)(B) of a
nonprofit or governmental organization as the local
coordinating entity to administer the Heritage Area
consistent with the management plan; and
(B) the transition of the management of the Heritage
Area from the Commission to the organization designated
as the local coordinating entity at the end of the 5-
year period specified in section 3(d)(1)(A).
(c) Termination of Funding.--If the Commission does not submit the
management plan to the Secretary by the date that is 3 years after the
date on which funds are first made available to carry out this Act, the
local coordinating entity shall be ineligible to receive additional
funding under this Act until the date on which the management plan is
submitted to and approved by the Secretary.
(d) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the management plan under subsection (a), the
Secretary shall approve or disapprove the management plan.
(2) Considerations.--In determining whether to approve or
disapprove the management plan under paragraph (1), the
Secretary shall consider whether--
(A) the organization proposed to succeed the
Commission as the local coordinating entity would be
representative of the diverse interests of the Heritage
Area, including governments, natural and historic
resource protection organizations, educational
institutions, businesses, and recreational
organizations;
(B) the local coordinating entity has afforded
adequate opportunity for public and governmental
involvement, including public meetings, in the
preparation of the management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
(D) the Secretary has received adequate assurances
from the appropriate State, tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, tribal, and local aspects
of the management plan; and
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 180 days after the receipt of any
proposed revision of the management plan, approve or
disapprove the proposed revision.
(e) Amendments.--
(1) In general.--The Secretary shall review and approve any
substantial amendments to the management plan in accordance
with subsection (d).
(2) Use of funds.--Funds made available under this Act shall
not be expended by the local coordinating entity to implement
any changes made by an amendment described in paragraph (1)
until the Secretary approves the amendment.
SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--On request of the local coordinating entity,
the Secretary may provide technical and financial assistance,
on a reimbursable or nonreimbursable basis, to the Heritage
Area for the development and implementation of the management
plan.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide assistance under
paragraph (1).
(3) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant natural, historic,
scenic, and cultural resources of the Heritage Area;
and
(B) providing educational, interpretive, and
recreational opportunities, consistent with the
purposes of the Heritage Area.
(b) Detail of Department of the Interior Employees.--
(1) In general.--On request of the Commission, the Secretary
may detail to the Commission for each fiscal year in which the
Commission is in existence, on a nonreimbursable basis, 2
employees of the Department of the Interior to enable the
Commission to carry out the duties of the Commission.
(2) Civil service status.--The detail of an employee under
paragraph (1) shall be without interruption or loss of civil
service status or privilege.
SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the maximum extent
practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal
land under the jurisdiction of a Federal agency.
SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any property owner (whether public
or private), including the right to refrain from participating
in any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency, or conveys any land use or other
regulatory authority to the local coordinating entity;
(4) authorizes or implies the reservation or appropriation of
water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
SEC. 9. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity with
respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Required analysis.--If the report prepared under
paragraph (1) recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(B) the appropriate time period necessary to achieve
the recommended reduction or elimination.
(3) Submission to congress.--On completion of the report, the
Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this Act $10,000,000, of which not more than $1,000,000 may be
appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the cost of any
activity carried out using any assistance made available under this Act
shall be not more than 50 percent.
SEC. 11. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide financial assistance under
this Act terminates on the date that is 15 years after the date of
enactment of this Act.
PURPOSE
The purpose of S. 800 is to establish the Niagara Falls
National Heritage Area in the State of New York.
BACKGROUND AND NEED
The Niagara River flows for 35 miles between Lake Erie and
Lake Ontario and includes the rapids, Niagara Falls, and the
Niagara River Gorge. Eight parks operated by the State of New
York are located along the river and within the gorge. The
river forms a boundary between the United States and Canada.
Niagara Falls is an internationally significant natural
resource that attracts from 8 to 10 million visitors a year. It
is one of the most well-known destination attractions in the
United States and Canada. The Niagara River Gorge is an
exceptionally scenic corridor, carved by the movement of the
falls from its original location near Lewiston, New York
(10,000 to 15,000 years ago), to its present location 10 miles
upstream at the City of Niagara Falls. Besides its scenic
values, the gorge has been cited as a world-class location of
fossils from the Upper Ordovician and Silurian periods.
The Niagara River region contains a wide variety of flora
and fauna. Recent inventories identified 1,623 plant species
including unique miniature old growth eastern white cedars.
Fauna inventories also include 50 mammal species, 17 amphibian
species, 99 fish species, and 17 species of reptiles. Bird
inventories identify 342 species, including 19 separate species
of gulls. One-day counts of gull populations have reached over
100,000 individuals. In recognition of this important habitat,
the National Audubon Society has designated the Niagara River
as a Globally Important Bird Area.
The region is also rich in cultural resources related to
the history of the United States and Canada. It has significant
associations with Native American habitation and early European
contact, the French and Indian War, the American Revolution,
and the War of 1812. It was also a major link in the
Underground Railroad for African Americans escaping slavery to
enter Canada. The existence of ample water made it an early
site for hydroelectric power and it remains an important source
to this day.
Three National Historic Landmarks have been designated
along the Niagara River. The Adams Power Transformer House,
built in 1895, is the only surviving structure of a
hydroelectric facility that has been called ``the birthplace of
the modern hydroelectric power station.'' The Niagara
Reservation, which includes the American Falls, was originally
designed by noted landscape architect Frederick Law Olmsted.
The Colonial Niagara Historic District, within the communities
of Lewiston and Youngstown, was a key portage route linking
interior North America and the Atlantic seaboard until the late
1700s. It also contains extant resources associated with Native
American occupation and early European contact. Historic Fort
Niagara on the shore of Lake Ontario is an important component
of the district. Within the City of Niagara Falls and the
communities of Lewiston and Youngstown, there are 14 sites
listed on the National Register of Historic Places.
Despite the richness of the natural and cultural resources
in the area, there is widespread belief that the United States
side of the falls has never fully achieved its tremendous
potential for visitors and for the local communities. A
heritage partnership framework has been advocated as a way for
the many partners in the region to protect its precious
resources and further the contribution of the Niagara Falls
region to the United States and to the people of New York.
In 2006, the National Park Service completed a national
heritage area feasibility study of the Niagara Falls region
pursuant to Public Law 107-256, the ``Niagara Falls National
Heritage Area Study Act.'' The study concluded that the region
met all of the criteria for designation as a national heritage
area including the existence of significant levels of public
support and local commitments necessary for successful planning
and implementation of a heritage area.
S. 800 provides for the establishment of a limited term
Federal commission to undertake the heritage management plan
and to identify a successor local coordinating entity
representing the varied interests of the region. It includes
the opportunity for a limited number of heritage area related
resources, outside of the designated heritage area boundary, to
participate in heritage area programs if they are identified as
eligible through the heritage area management planning process.
These provisions are consistent with the preferred alternative
of the National Park Service national heritage area feasibility
study.
LEGISLATIVE HISTORY
S. 800 was introduced by Senator Schumer on March 7, 2007.
Senator Clinton is a cosponsor. The Subcommittee on National
Parks held a hearing on the bill on May 15, 2007. At its
business meeting on July 25, 2007, the Committee on Energy and
Natural Resources ordered S. 800 favorably reported with an
amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 25, 2007, by a voice vote of a quorum
present, recommends that the Senate pass S. 800, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 800, the Committee adopted
an amendment in the nature of a substitute. The amendment
deletes the Congressional findings, and modifies the management
language for the heritage area to make it consistent with the
authorities provided for other national heritage areas. The
amendment also adds a requirement that the Secretary of the
Interior conduct an evaluation of the heritage area not later
than three years before the date authority for Federal funding
terminates, to assess the progress of the management entity in
accomplishing the purposes for which the heritage area was
established and whether the goals and objectives of the
management plan for the heritage area were achieved. The
Secretary is required to submit a report of the findings of the
evaluation to the Congressional authorizing committees.
The amendment is explained in detail in the section-by-
section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Niagara Falls
National Heritage Area Act.''
Section 2 defines key terms used in the bill.
Section 3(a) establishes the Niagara Falls National
Heritage Area (``heritage area'') in the State of New York.
Subsection (b) describes the boundaries of the heritage
area.
Subsection (c) states that the boundary map shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.
Subsection (d)(1) provides that, for the five-year period
beginning on the date of enactment, the local coordinating
entity for the heritage area shall be the Niagara Falls
National Heritage Area Commission (``Commission'') established
in section 4(a). Thereafter, the local coordinating entity
shall be a non-profit or governmental organization designated
by the Commission.
Paragraphs (2) and (3) list the authorities and duties of
the Commission.
Section 4(a) establishes the Niagara Falls National
Heritage Area Commission within the Department of the Interior.
Subsection (b) provides that the Commission is to be
composed of 17 members, and lists the criteria the Secretary of
the Interior (``Secretary'') is to use in appointing Commission
members.
Subsection (c) states that Commission members shall be
appointed for a five-year term.
Subsections (d), (e), and (f) provide for the selection of
a Commission Chairman and Vice Chairman, establish quorum
requirements, and detail the Commission meeting requirements,
respectively.
Subsection (g) describes the powers of the Commission.
Subsection (h) describes the duties of the Commission.
Subsection (i) provides that Commission members shall serve
without pay, but may receive per diem expenses while on
official Commission business.
Subsection (j) allows for gifts to the Commission to be
deducted for income tax purposes the same as a gift to the
United States.
Subsection (k) prohibits the Commission from using Federal
funds to acquire real property.
Section 5(a) requires the management entity to prepare and
submit for review a management plan to the Secretary no later
than three years after the date on which the funds are made
available to carry out this Act.
Subsection (b) provides the requirements for the contents
of the management plan.
Subsection (c) states that if the management plan is not
submitted within the three-year period, Federal funding is
suspended until the plan is submitted to the Secretary.
Subsection (d) requires the Secretary to approve or
disapprove the management plan within six months after
receiving the plan and lists the criteria the Secretary is to
consider in determining whether to approve or disapprove the
plan.
Subsection (e) requires that the Secretary review and
approve or disapprove any amendment that would make a
substantial change to the management plan.
Section 6 describes the duties and authorities of the
Secretary of the Interior. Subsection (a) authorizes the
Secretary to provide technical assistance and enter into
cooperative agreements with the heritage area.
Subsection (b) authorizes the Secretary to detail up to two
employees of the Department of the Interior to the Commission,
on a non-reimbursable basis.
Section 7 describes the relationship of other Federal
agencies to the heritage area.
Subsection (a) clarifies that nothing in this Act affects
the authority of a Federal agency to provide technical or
financial assistance under any other law.
Subsection (b) encourages the head of a Federal agency
planning to conduct activities that may have an impact on the
heritage area to consult and coordinate the activities with the
Secretary and the management entity to the maximum extent
practicable.
Subsection (c) clarifies that nothing in this Act modifies
authorities of Federal agencies to manage Federal land, limits
the discretion of a Federal agency to implement an approved
land use plan, or modifies or alters any authorized use of
Federal land.
Section 8 contains several savings provisions to clarify
that the designation of the national heritage area will not
affect private property rights, affect governmental land use
regulation, reserve or appropriate water rights, diminish the
authority of the State to manage fish and wildlife, or create
any liability for property owners within the heritage area.
Section 9(a) requires the Secretary to conduct an
evaluation of the accomplishments of the national heritage area
not later than three years before the date Federal funding
authority terminates.
Subsection (b) provides that the evaluation shall assess
the progress of the management entity with respect to
accomplishing the purposes of this Act for the heritage area
and whether the management entity achieved the goals and
objectives of the approved management plan for the heritage
area. The evaluation is also required to analyze governmental
investments in the heritage area to determine the leverage and
impact of the investments.
Subsection (c) requires the Secretary to prepare a report,
based on the evaluation, that includes recommendations for the
future role of the National Park Service, if any, for the
heritage area. If the report recommends that Federal funding
for the area be reauthorized, it is required to include an
analysis of ways Federal funding may be reduced or eliminated.
The report is to be submitted to the House and Senate
authorizing committees.
Section 10(a) authorizes total appropriations of $10
million, with not more than $1 million authorized to be
appropriated for any fiscal year.
Subsection (b) requires Federal funding to be matched on a
50:50 basis with funds from non-Federal sources.
Section 11 provides that the authority of the Secretary to
provide assistance under this Act terminates 15 years after the
date of enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
July 30, 2007.
Hon. Jeff Bingaman,
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. 800, the Niagara
Falls National Heritage Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 800--Niagara Falls National Heritage Area Act
Summary: S. 800 would establish the Niagara Falls National
Heritage Area (NHA) in the state of New York. The bill would
create a 17-member commission to serve as the first local
coordinating entity for the proposed NHA. The commission would
be responsible for developing a management plan for the NHA and
assisting local governments and nonprofit agencies with
implementation of the plan. In addition, the legislation would
require the Department of the Interior to report to the
Congress on the work of the NHA.
The legislation would authorize the appropriation of $10
million, not to exceed $1 million annually, for financial
assistance to the commission or other eligible entities over
the next 15 years. CBO estimates that implementing S. 800 would
cost $5 million over the 2008-2012 period, with additional
amounts spent after 2012. Enacting S. 800 would not affect
direct spending or revenues.
S. 800 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of S. 800 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 1 1 1 1 1
Estimated Outlays.................................................. 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
Basis of estimate: Assuming appropriation of the authorized
amounts, CBO estimates that implementing S. 800 would cost $5
million over the 2008-2012 period and $5 million over the
following five to 10 years. Such amounts would be used to cover
a portion of the costs of reporting, planning, establishing,
operating, and interpreting the heritage area.
Intergovernmental and private-sector impact: S. 800
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On May 9, 2007, CBO provided a cost
estimate for H.R. 713, the Niagara Falls National Heritage Act,
as ordered reported by the House Committee on Natural Resources
on April 25, 2007. The two versions of the legislation are
similar, and the estimated costs are the same.
Estimate prepared by: Federal Costs: Deborah Reis and
Matthew Pickford; Impact on State, Local, and Tribal
Governments: Leo Lex; Impact on the Private Sector: Craig
Cammarata.
Estimate 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. 800. 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. 800, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the May 15, 2007, Subcommittee hearing on S. 800 follows:
Statement of Daniel N. Wenk, 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. 800, a bill to establish the Niagara Falls
National Heritage Area in the State of New York.
While a feasibility study has found the Niagara Falls
region appropriate for designation, we recommend that the
committee defer action on S. 800 and all other proposed
heritage area designations until program legislation is enacted
that establishes guidelines and a process for the designation
of national heritage areas. Last year, the Administration sent
to Congress a legislative proposal to establish such guidelines
and a process for designation. Bills were introduced in the
109th Congress (S. 243, H.R. 760 and H.R. 6287) that
incorporated the majority of the provisions of the
Administration's proposal, and S. 243 passed the Senate. During
the 110th Congress, a similar heritage area program bill, S.
278, has been introduced, and we look forward to continuing to
work with Congress on this very important issue.
With 37 national heritage areas designated across 27
states, and more heritage area legislative proposals in the
pipeline, the Administration believes it is critical at this
juncture for Congress to enact national heritage area program
legislation. This legislation would provide a much-needed
framework for evaluating proposed national heritage areas,
offering guidelines for successful planning and management,
clarifying the roles and responsibilities of all parties, and
standardizing timeframes and funding for designated areas.
Program legislation also would clarify the expectation that
heritage areas would work toward self-sufficiency by outlining
the necessary steps, including appropriate planning, to achieve
that shared goal.
In 2006, the National Park Service completed a national
heritage area feasibility study of the Niagara Falls region
pursuant to Public Law 107-256, the ``Niagara Falls National
Heritage Area Study Act.'' The study concluded that the region
met all of the criteria for designation as a national heritage
area including the existence of significant levels of public
support and local commitments necessary for successful planning
and implementation of a heritage area.
The Niagara River flows for 35 miles between Lake Erie and
Lake Ontario and includes the rapids, Niagara Falls, and the
Niagara River Gorge. Eight parks operated by the State of New
York are located along the river and within the gorge. The
river forms a boundary between the United States and Canada.
Niagara Falls is an internationally significant natural
resource that attracts from 8 to 10 million visitors a year. It
is one of the most well-known destination attractions in the
United States and Canada. The Niagara River Gorge is an
exceptionally scenic corridor, carved by the movement of the
falls from its original location near Lewiston, New York
(10,000 to 15,000 years ago) to its present location 10 miles
upstream at the City of Niagara Falls. Besides its scenic
values, the gorge has been cited as a world-class location of
fossils from the Upper Ordovician and Silurian periods.
The Niagara River region contains a wide variety of flora
and fauna. Recent inventories identified 1,623 plant species
including unique miniature old growth eastern white cedars.
Fauna inventories also include 50 mammal species, 17 amphibian
species, 99 fish species, and 17 species of reptiles. Bird
inventories identify 342 species including 19 separate species
of gulls. One-day counts of gull populations have reached over
100,000 individuals. In recognition of this critical habitat,
the National Audubon Society has designated the Niagara River
as a Globally Important Bird Area.
The region is also rich in cultural resources related to
the history of the United States and Canada. It has significant
associations with Native American habitation and early European
contact, the French and Indian War, the American Revolution,
and the War of 1812. It was also a major link in the
Underground Railroad for African Americans escaping slavery to
enter Canada. The existence of ample water made it an early
site for hydroelectric power and it remains an important source
to this day.
Three National Historic Landmarks have been designated
along the Niagara River. The Adams Power Transformer House,
built in 1895, is the only surviving structure of a
hydroelectric facility that has been called ``the birthplace of
the modern hydroelectric power station.'' The Niagara
Reservation, which includes the American Falls, was the first
state park in the nation created under eminent domain and
originally designed by Frederick Law Olmsted. The Colonial
Niagara Historic District, within the communities of Lewiston
and Youngstown, was a key portage route linking interior North
America and the Atlantic seaboard until the late 1700s. It also
contains extant resources associated with Native American
occupation and early European contact. Historic Fort Niagara on
the shore of Lake Ontario is an important component of the
district. Within the City of Niagara Falls and the communities
of Lewiston and Youngstown, there are 14 sites listed on the
National Register of Historic Places.
Despite the richness of the natural and cultural resources
in the area, there is widespread belief that the United States
side of the falls has never fully achieved its tremendous
potential for visitors and for the local communities. A
heritage partnership framework has been advocated as a way for
the many partners in the region to protect its precious
resources and further the contribution of the Niagara Falls
region to the United States and to the people of New York. We
have found considerable support for this proposal during the
feasibility study.
S. 800 provides for the establishment of a limited term (5-
year) federal commission to undertake the heritage management
plan and to identify a successor local coordinating entity
representing the varied interests of the region. It includes
the opportunity for a limited number of heritage area related
resources, outside of the designated heritage area boundary, to
participate in heritage area programs if they are identified as
eligible through the heritage area management planning process.
These provisions are consistent with the preferred alternative
of the National Park Service national heritage area feasibility
study.
Mr. Chairman, while the proposed Niagara Falls National
Heritage Area contains significant natural and cultural
resources and meets the established criteria for congressional
designation, we would again request that the committee defer
action until national heritage area program legislation is
enacted. However, if the committee chooses to move ahead with
this bill, the Department would like to work with them to make
some technical corrections to the bill. In addition, the
Department would recommend that the bill be amended to include
an additional requirement for an evaluation to be conducted by
the Secretary, three years prior to the cessation of federal
funding under this act. The evaluation would examine the
accomplishments of the heritage area in meeting the goals of
the management plan; analyze the leveraging and impact of
investments to the heritage area; identify the critical
components of the management structure and sustainability of
the heritage area; and recommend what future role, if any, the
National Park Service should have with respect to the heritage
area.
We are also advised by the Department of Justice that the
restrictions placed on the Secretary's authority to appoint the
members of the Niagara Falls National Heritage Area Commission
raise constitutional concerns. We, along with the Department of
Justice, would like to work with the committee to address these
concerns.
Thank you for the opportunity to comment. This concludes my
prepared remarks. I would be glad to answer any questions that
you or the members of the committee may 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. 800, as ordered
reported.
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