99–010

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. 

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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. 

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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:

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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 

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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 

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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.

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