```

[Senate Report 107-179]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 447
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-179

======================================================================

 
             NIAGARA FALLS NATIONAL HERITAGE AREA STUDY ACT

                                _______
                                

                 June 26, 2002.--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. 1227]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1227) to authorize the Secretary of the 
Interior to conduct a study of the suitability and feasibility 
of establishing the Niagara Falls National Heritage Area in the 
State of New York, and for other purposes, having considered 
the same, reports favorably thereon with amendments and 
recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 2, lines 3 through 12, amended paragraph (2) to 
read as follows:

          ``(2) Study area.--The term `study area' means lands 
        in Niagara County, New York, along and in the vicinity 
        of the Niagara River.''.

    2. On page 2, line 13, strike ``RIVER'' and insert 
``FALLS''.
    3. On page 5, strike lines 1 through 3 and insert the 
following:

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated $300,000 to carry 
out this Act.''

                                PURPOSE

    The purpose of S. 1227 is to authorize the Secretary of the 
Interior to conduct a study of the suitability and feasibility 
of establishing the Niagara Falls National Heritage Area in the 
State of New York.

                          BACKGROUND AND NEED

    The Niagara River Corridor includes the internationally 
renowned Niagara Falls, the 6-mile long Niagara Gorge, and the 
city of Niagara Falls. Besides its scenic gorge geology, the 
region includes National Landmarks such as the Niagara 
Reservation State Park, a Frederick Law Olmsted-designed 
resource which the National Park Service now lists as 
threatened/damaged, chiefly due to visual intrusions on the 
Canadian side of the river.
    The National Park Service conducted a reconnaissance survey 
of the Niagara River Corridor between March 19 and 20, 2001, 
and the agency is now in the process of preparing a report on 
the results of its survey. A July 26, 2001 Draft Report 
examined possibilities for National Park Service involvement in 
the area.
    The Draft Report preliminarily considered three 
possibilities for National Park Service involvement in the 
region. The first option proposed using existing authorities 
while the second considered designating the area as a unit of 
the National Park System. Neither option was recommended.
    The third option proposed a study of the suitability and 
feasibility of establishing a Niagara Falls Heritage Area. Such 
a heritage area could lend Park Service assistance to restoring 
Olmsted's Niagara Reservation, providing cohesive planning to 
the state parks in the area, and helping the city of Niagara 
Falls develop pedestrian access to the river and otherwise 
rejuvenate itself based on the surrounding natural splendors. 
The Draft Report tentatively concluded that ``[s]hould there be 
demonstrated local support for a partnership with the National 
Park Service in the region, Congress should authorize the 
Secretary of the Interior to undertake a National Heritage Area 
Feasibility Study.''

                          LEGISLATIVE HISTORY

    S. 1227 was introduced by Senators Schumer and Clinton on 
July 24, 2001. The House companion measure, H.R. 2609, was 
introduced by Representative John LaFalce on July 24, 2001. The 
Subcommittee on National Parks held a hearing on S. 1227 on 
July 31, 2001. The Committee on Energy and Natural Resources 
considered S. 1227 and adopted amendments to it at its business 
meeting on May 15, 2002. The Committee ordered the bill, as 
amended, favorably reported at its business meeting on June 5, 
2002.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1227, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 1227, Committee on Energy 
and Natural Resources recommended three amendments. Amendment 
#1 clarifies the definition of the study area of the proposed 
heritage area. Amendment #2 makes a conforming change to the 
section 3 heading. Finally, amendment #3 is a technical 
amendment redesignating the subsection authorizing 
appropriations for the study as a free-standing section.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the Act the ``Niagara Falls National 
Heritage Area Study Act.''
    Section 2 provides definitions.
    Section 3 directs the Secretary of the Interior to conduct 
a suitability and feasibility study, sets forth requirements 
for conducting the study and consultation, and provides that a 
report on the findings, conclusions, and recommendations of the 
study be submitted to certain committees within 3 fiscal years 
from the date on which funds are made available.
    Section 4 authorizes $300,000 to carry out the Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office.

S. 1227--Niagra Falls National Heritage Area Study Act

    S. 1227 would direct the Secretary of the Interior to 
conduct a study of the feasibility of establishing a Niagra 
Falls National Heritage Area in the state of New York. The 
study would identify cultural and other resources in the area 
and would determine if there is a suitable entity to manage it. 
The bill would authorize the appropriation of $300,000 to 
conduct the study, and it would require the Secretary to report 
on its findings and recommendations within three years of 
receiving funds.
    Assuming appropriation of the authorized amount, CBO 
estimates that implementing S. 1227 would cost the Federal 
Government $300,000 over the next three years to complete the 
required study and report. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    S. 1227 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 Robert A. Sunshine, 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. 1227. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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. 1227.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
Subcommittee hearing follows:

   Statement of Denis P. Galvin, Deputy Director, 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. 1227, a bill to authorize the Secretary of 
the Interior to conduct a study of the suitability and 
feasibility of establishing the Niagara Falls National Heritage 
Area in the State of New York. The bill authorizes $300,000 to 
carry out this study. The Department supports enactment of this 
bill with one recommended amendment.
    Although the Department supports enactment of this piece of 
legislation, we will not request funding for this study in this 
or the next fiscal year, so as to focus available time and 
resources on completing previously authorized studies. As of 
now, there are 42 authorized studies that are pending, and we 
only expect to complete a few of those this year. We caution 
that our support of this legislation authorizing a study does 
not necessarily mean that the Department will support 
designation of this heritage area. The study would be 
undertaken with the full involvement of representatives of the 
State of New York, the City of Niagara Falls, other communities 
along the Niagara River, and interested organizations and 
citizens in the region.
    At the request of Representative John J. LaFalce and 
Senator Charles E. Schumer, representatives of the National 
Park Service undertook reconnaissance visits to Niagara Falls 
this year and met with state and local officials and 
representatives of interested organizations. These preliminary 
findings indicate that a national heritage area feasibility 
study could be justified.
    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 between 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 completed for the Canadian 
Niagara Escarpment Commission identified 1,623 plant species 
including unique miniature old growth eastern white cedars. The 
commission's 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.
    There is well-known national interest in the resources of 
the region. 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.
    The National Park Service has defined a national heritage 
area as a place designated by Congress where natural, cultural, 
historic and scenic resources combine to form a cohesive, 
nationally distinctive landscape arising from patterns of human 
activity shaped by geography. It is not the role of the 
National Park Service to manage or regulate a national heritage 
area, but to assist the variety of local partners and 
landowners who work together to achieve the common goal of 
protecting and interpreting important places where people live 
and work.
    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 important partners in the region to 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 idea. The study would permit us to consider 
the opportunity further, and determine if a partnership 
framework is the best way to protect natural and cultural 
resources in the region.
    We would recommend one amendment to the bill to provide 
maximum flexibility with regard to the study area. Currently, 
Section 2(2) unnecessarily defines the study area as the 
segment of the Niagara River in Niagara County, New York that 
extends from Niagara Falls to the mouth of the Niagara River at 
Lake Ontario. The National Park Service study process provides 
for developing a focused study area addressing the full 
assemblage of resources relating to the potential heritage area 
themes, and including the strongest range of capable and 
enthusiastic partners. This approach permits an area to be 
focused enough to be manageable, but broad enough to include 
the key partners and resources necessary. We recommend that 
Section 2(2) be amended to avoid a specific study area boundary 
at this time to allow us to focus on all resources specifically 
related to the Niagara Falls theme and area.
    Mr. Chairman, the Administration supports this bill with 
the recommended amendment. It provides an opportunity to 
investigate the feasibility of establishing a national heritage 
area associated with one of the nation's most important and 
best-known natural resources. We look forward to working in 
close partnership with the State of New York, the City of 
Niagara Falls, and the communities and organizations within the 
Niagara Falls region to explore the possibility of national 
heritage area designation.
    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. 1227, as 
ordered reported.

                                  

```