Calendar No. 639

103D CONGRESS

2D SESSION S. 112

A BILL

To establish the Hudson River Artists National

for other purposes.Historical Park in the State of New York, and

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment and an amendment to the

title
II

Calendar No. 639

103D CONGRESS

2D SESSION S. 112

To establish the Hudson River Artists National Historical Park in the State

of New York, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. MOYNIHAN introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To establish the Hudson River Artists National Historical

Park in the State of New York, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hudson River Artists

5 National Historical Park Act of 1993’’.
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1 SEC. 2. DEFINITIONS.

2 As used in this Act:

3 (1) HUDSON RIVER ARTISTS.—The term ‘‘Hud4 son River artists’’ means artists who belonged to the

5 Hudson River School of Landscape Painting de6 scribed in section 3(a)(1).

7 (2) HUDSON RIVER VALLEY REGION.—The

8 term ‘‘Hudson River Valley region’’ means the coun9 ties of Albany, Columbia, Dutchess, Greene, Orange,

10 Saratoga, Putnam, Rockland, Ulster, Rensselaer,

11 Washington, Bronx, New York, and Westchester in

12 the State of New York.

13 (3) PARK.—The term ‘‘Park’’ means the Hud14 son River Artists National Historical Park estab15 lished pursuant to section 4(b).

16 (4) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of the Interior.

18 (5) SITE.—The term ‘‘Site’’ means the Thomas

19 Cole National Historic Site established by section

20 4(a).

21 SEC. 3. FINDINGS AND PURPOSES.

22 (a) FINDINGS.—Congress finds that—

23 (1) the Hudson River School of Landscape

24 Painting was inspired by Thomas Cole and was

25 characterized by a group of 19th century landscape

26 artists who recorded and celebrated the landscape
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1 and wilderness of America, particularly the Hudson

2 River Valley region in the State of New York;

3 (2) Thomas Cole and his student Frederic

4 Church have been recognized as America’s most

5 prominent landscape and allegorical painters in the

6 mid-19th century;

7 (3) the Thomas Cole House in Greene County,

8 New York, and the Olana State Historic Site and

9 the home and studio of Frederic Church in Columbia

10 County, New York, are listed on the National Reg11 ister of Historic Places and are designated as Na12 tional Historic Landmarks;

13 (4) within a 15-mile area of the Thomas Cole

14 House, an area that forms a key part of the rich

15 cultural and natural heritage of the Hudson River

16 Valley region, significant landscapes and scenes

17 painted by the Hudson River artists survive intact;

18 (5) collectively, the resources described in para19 graphs (3) and (4) provide—

20 (A) opportunities for illustrating and inter21 preting cultural themes of the heritage of the

22 United States; and

23 (B) unique opportunities for education,

24 public use, and enjoyment; and
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1 (6) New York State has established the Hudson

2 River Valley Greenway to promote the preservation,

3 public use, and enjoyment of the natural and cul4 tural resources of the Hudson River Valley region.

5 (b) PURPOSES.—The purposes of this Act are—

6 (1) to preserve and interpret for the benefit, in7 spiration, and education of the people of the United

8 States significant places illustrative and representa9 tive of the legacy of the Hudson River artists;

10 (2) to help maintain the integrity of the setting

11 in the Hudson River Valley region that inspired ar12 tistic expression;

13 (3) through cooperative management, to coordi14 nate the interpretive, preservation, and recreational

15 efforts of Federal, State, and other entities in the

16 Hudson River Valley region in order to enhance op17 portunities for education, public use, and enjoyment;

18 and

19 (4) to broaden public understanding of the

20 Hudson River Valley region and its role in American

21 prehistory, history, and culture.

22 SEC. 4. ESTABLISHMENT OF SITE AND PARK.

23 (a) THOMAS COLE NATIONAL HISTORIC SITE.—

24 There is established, as a unit of the National Park Sys25 tem, the Thomas Cole National Historic Site—
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1 (1) consisting of the home and studio of Thom2 as Cole, which is comprised of the 3.4 acre site and

3 improvements on the site that are located at 218

4 Spring Street, Village of Catskill, State of New

5 York; and

6 (2) as generally depicted on the map entitled

7 ‘‘Thomas Cole National Historic Site Boundary

8 Map’’, found in figure 3, page 16 of the report on

9 the Thomas Cole House Feasibility/Suitability Study

10 (TCH80002NAR).

11 (b) HUDSON RIVER ARTISTS NATIONAL HISTORICAL

12 PARK.—

13 (1) ESTABLISHMENT.—At such time as the

14 Secretary determines that sufficient lands, improve15 ments, and interests in lands and improvements

16 have been acquired, or at such time as the Secretary

17 has entered into cooperative agreements satisfying

18 the interpretive, preservation, and historical objec19 tives of this Act, the Secretary may establish the

20 Hudson River Artists National Historical Park in

21 the State of New York by publication in the Federal

22 Register of—

23 (A) notice of the establishment; and
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1 (B) a detailed description or map setting

2 forth the lands and improvements included in

3 the Park.

4 (2) INCLUDED LANDS.—The Park shall consist

5 of—

6 (A) the Site, as depicted in the map re7 ferred to in subsection (a)(2); and

8 (B) the approximately 19,471 acres of

9 lands and improvements on the lands that

10 are—

11 (i) owned by the State of New York;

12 (ii) managed as the Kaaterskill Wild

13 Forest, North Mountain Wild Forest,

14 Blackhead Range Wild Forest, North/

15 South Lake Intensive Use Area, Rogers Is16 land Wildlife Management Area, and Rog17 ers Island Overlook Scenic Area; and

18 (iii) under the jurisdiction of the De19 partment of Environmental Conservation

20 of the State of New York.

21 (c) MAPS.—The maps referred to in this section shall

22 be on file and available for public inspection in appropriate

23 offices of the National Park Service of the Department

24 of the Interior.
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1 SEC. 5. ACQUISITION OF REAL AND PERSONAL PROPERTY

2 AND SERVICES.

3 (a) REAL PROPERTY.—

4 (1) IN GENERAL.—The Secretary may ac5 quire—

6 (A) by donation only, the lands and im7 provements described in section 4(b)(2)(B); and

8 (B) such lands and improvements in Cats9 kill, New York, as are necessary for the man10 agement and operation of the Site.

11 (2) STATE LANDS.—Lands and improvements

12 owned by the State of New York may be acquired

13 by the Secretary only by transfer at no cost to the

14 Federal Government.

15 (b) PERSONAL PROPERTY.—For the purposes of the

16 Park, the Secretary may acquire historic objects and arti17 facts and other personal property associated with and ap18 propriate for the interpretation of the Park.

19 (c) OTHER PROPERTY, FUNDS, AND SERVICES.—For

20 the purpose of carrying out this Act, the Secretary may—

21 (1) enter into cooperative agreements with—

22 (A) the Office of Parks, Recreation and

23 Historic Preservation of the State of New York;

24 (B) the Department of Environmental

25 Conservation of the State of New York; and
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1 (C) other appropriate State, county, and

2 local entities and individuals, including—

3 (i) the Thomas Cole Foundation;

4 (ii) the Greene County Historical So5 ciety;

6 (iii) the Hudson River Valley Green7 way Council; and

8 (iv) other private museums and insti9 tutions; and

10 (2) accept donated funds, property, and

11 services.

12 SEC. 6. ADMINISTRATION OF PARK.

13 (a) IN GENERAL.—The Secretary shall administer

14 the Park in accordance with—

15 (1) this Act; and

16 (2) all laws generally applicable to national his17 toric sites, including the Acts entitled—

18 (A) ‘‘An Act to establish a National Park

19 Service, and for other purposes’’, approved Au20 gust 25, 1916 (16 U.S.C. 1 et seq.); and

21 (B) ‘‘An Act to provide for the preserva22 tion of historic American sites, buildings, ob23 jects, and antiquities of national significance,

24 and for other purposes’’, approved August 21,

25 1935 (16 U.S.C. 461 et seq.).
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1 (b) PRESERVATION AND INTERPRETATION.—

2 (1) IN GENERAL.—Subject to paragraph (2), in

3 administering the Park, the Secretary shall—

4 (A) preserve and interpret the Site;

5 (B) preserve and perpetuate knowledge

6 and understanding, and provide for public un7 derstanding and enjoyment, of the lives and

8 works of the Hudson River artists; and

9 (C) provide assistance to public and pri10 vate entities in the interpretation of the Hudson

11 River artists, their houses and studios, and the

12 vistas depicted by the artists throughout the

13 Hudson River Valley region.

14 (2) STATE PROPERTIES.—

15 (A) IN GENERAL.—The Secretary shall

16 take no action with respect to the lands and

17 structures owned by the State of New York

18 within the boundaries of the Park except

19 through cooperative agreements in accordance

20 with subsection (c).

21 (B) STATE FOREST PRESERVE.—With re22 gard to lands within the State Forest Preserve,

23 the provisions of a cooperative agreement as de24 scribed in subparagraph (A) shall be in strict
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1 conformance with the pertinent provisions of

2 the Constitution of the State of New York.

3 (c) COOPERATIVE AGREEMENTS WITH NEW YORK

4 AND OTHER ENTITIES.—

5 (1) IN GENERAL.—

6 (A) AUTHORITY OF SECRETARY.—To fur7 ther the purposes of this Act, the Secretary

8 may consult with and enter into cooperative

9 agreements with the State of New York and

10 other public and private entities.

11 (B) PURPOSES OF AGREEMENTS.—Each

12 agreement shall—

13 (i) facilitate the development, presen14 tation, and funding of art exhibits, resident

15 artist programs, and other appropriate ac16 tivities related to the preservation, inter17 pretation, development, and use of the

18 Park; and

19 (ii) encourage an appreciation of the

20 scenic and artistic tradition inspired by the

21 Hudson River artists.

22 (C) TECHNICAL ASSISTANCE.—Through

23 agreements, the Secretary may provide tech24 nical assistance to cooperating entities de25 scribed in subparagraph (A) for the marking,
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1 interpretation, restoration, preservation, or in2 terpretation of any property listed in section 4.

3 (D) INTERPRETATION AGREEMENTS.—The

4 Secretary may enter into additional cooperative

5 agreements to plan and coordinate the interpre6 tation of the cultural and natural history of the

7 Hudson River Valley region, which provides the

8 context for the work of the Hudson River

9 artists.

10 (2) LIBRARY AGREEMENT.—The Secretary may

11 enter into a cooperative agreement with the Greene

12 County Historical Society to provide for the estab13 lishment of a library and research center at the Site.

14 (d) GENERAL MANAGEMENT PLAN.—

15 (1) IN GENERAL.—Not later than the end of

16 the second fiscal year that begins after the establish17 ment of the Park, the Secretary shall submit to the

18 Committee on Energy and Natural Resources of the

19 Senate and the Committee on Interior and Insular

20 Affairs of the House of Representatives a general

21 management plan for the Site and the Park.

22 (2) CONSULTATION.—In preparing the plan,

23 the Secretary, acting through the Director of the

24 National Park Service, shall consult with advisors

25 (including representatives of cooperating entities de-
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1 scribed in subsection (c)(1)(A), representatives of

2 local and municipal interests, nationally recognized

3 historians, scholars, and other experts) concerning

4 the interpretation, preservation, and visitation of,

5 and other issues pertaining to, the Park and other

6 sites of related historical or scenic significance in the

7 Hudson River Valley region.

8 (3) REQUIREMENTS.—The plan shall be pre9 pared in accordance with—

10 (A) this subsection;

11 (B) section 12(b) of the Act entitled ‘‘An

12 Act to improve the administration of the na13 tional park system by the Secretary of the Inte14 rior, and to clarify the authorities applicable to

15 the system, and for other purposes’’, approved

16 August 18, 1970 (16 U.S.C. 1a–7); and

17 (C) other applicable law.

18 (4) CONTENTS.—The plan shall include—

19 (A) recommendations and cost estimates

20 for the identification, marking, interpretation,

21 and preservation of properties and landscapes

22 associated with the Hudson River artists and

23 located throughout the Hudson River Valley re24 gion (to be carried out through cooperative
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1 agreements and other means considered appro2 priate and practicable);

3 (B) recommendations on ways to broaden

4 public understanding of the Hudson River Val5 ley region and its role in American prehistory,

6 history, and culture; and

7 (C) recommendations on ways to foster rel8 evant public education, resource preservation,

9 and appropriate levels of regional tourism.

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated such sums

12 as are necessary to carry out this Act.

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘Thomas Cole National

15 Historic Site Establishment Act of 1994’’.

16 SEC. 2. DEFINITIONS.

17 As used in this Act, the term—

18 (1) ‘‘historic site’’ means the Thomas Cole Na19 tional Historic Site established by section 4 of this

20 Act;

21 (2) ‘‘Hudson River artists’’ means artists who

22 belonged to the Hudson River school of landscape

23 painting;

24 (3) ‘‘plan’’ means the general management plan

25 developed pursuant to section 6(d); and
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1 (4) ‘‘Secretary’’ means the Secretary of the Inte2 rior.

3 SEC. 3. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—Congress finds that—

5 (1) the Hudson River school of landscape paint6 ing was inspired by Thomas Cole and was character7 ized by a group of nineteenth century landscape art8 ists who recorded and celebrated the landscape and

9 wilderness of America, particularly in the Hudson

10 River Valley region in the State of New York;

11 (2) Thomas Cole has been recognized as Ameri12 ca’s most prominent landscape and allegorical paint13 er in the mid-nineteenth century;

14 (3) the Thomas Cole House in Greene County,

15 New York is listed on the National Register of His16 toric Places and has been designated as a National

17 Historic Landmark;

18 (4) within a fifteen mile radius of the Thomas

19 Cole House, an area that forms a key part of the rich

20 cultural and natural heritage of the Hudson River

21 Valley region, significant landscapes and scenes

22 painted by Thomas Cole and other Hudson River art23 ists survive intact;

24 (5) the State of New York has established the

25 Hudson River Valley Greenway to promote the preser-
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1 vation, public use and enjoyment of the natural and

2 cultural resources of the Hudson River Valley region;

3 and

4 (6) establishment of the Thomas Cole National

5 Historic Site will provide opportunities for the illus6 tration and interpretation of cultural themes of the

7 heritage of the United States and unique opportuni8 ties for education, public use and enjoyment.

9 (b) PURPOSES.—The purposes of this Act are—

10 (1) to preserve and interpret the home and stu11 dio of Thomas Cole for the benefit, inspiration and

12 education of the people of the United States;

13 (2) to help maintain the integrity of the setting

14 in the Hudson River Valley region that inspired ar15 tistic expression;

16 (3) to coordinate the interpretive, preservation,

17 and recreational efforts of Federal, State, and other

18 entities in the Hudson Valley region in order to en19 hance opportunities for education, public use and en20 joyment; and

21 (4) to broaden understanding of the Hudson

22 River Valley region and its role in American history

23 and culture.
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1 SEC. 4. ESTABLISHMENT OF THOMAS COLE NATIONAL HIS2 TORIC SITE.

3 (a) IN GENERAL.—There is established, as a unit of

4 the National Park System, the Thomas Cole National His5 toric Site, in the State of New York.

6 (b) DESCRIPTION.—The historic site shall consist of the

7 home and studio of Thomas Cole, comprising approxi8 mately 3.4 acres, located at 218 Spring Street, in the village

9 of Catskill, New York, as generally depicted on the boundary

10 map numbered TCH/80002, and dated March 1992.

11 SEC. 5. ACQUISITION OF PROPERTY.

12 (a) REAL PROPERTY.—The Secretary is authorized to

13 acquire lands and interests therein within the boundaries

14 of the historic site by donation, purchase with donated or

15 appropriated funds, or exchange.

16 (b) PERSONAL PROPERTY.—The Secretary may also

17 acquire by the same methods as provided in subsection (a),

18 personal property associated with, and appropriate for, the

19 interpretation of the historic site: Provided, That the Sec20 retary may acquire works of art associated with Thomas

21 Cole and other Hudson River artists only by donation or

22 purchase with donated funds.

23 SEC. 6. ADMINISTRATION OF SITE.

24 (a) IN GENERAL.—The Secretary shall administer the

25 historic site in accordance with this Act and all laws gen26 erally applicable to units of the National Park System, in-
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1 cluding the Act entitled ‘‘An Act to establish a National

2 Park Service, and for other purposes’’, approved August 25,

3 1916 (16 U.S.C. 1, 2–4), and the Act entitled ‘‘An Act to

4 provide for the preservation of historic American sites,

5 buildings, objects, and antiquities of national significance,

6 and for other purposes’’, approved August 21, 1935 (16

7 U.S.C. 461 et seq.).

8 (b) COOPERATIVE AGREEMENTS.—(1) To further the

9 purposes of this Act, the Secretary may consult with and

10 enter into cooperative agreements with the State of New

11 York, the Thomas Cole Foundation, and other public and

12 private entities to facilitate public understanding and en13 joyment of the lives and works of the Hudson River artists

14 through the development, presentation, and funding of art

15 exhibits, resident artist programs, and other appropriate

16 activities related to the preservation, interpretation, and

17 use of the historic site.

18 (2) The Secretary may enter into a cooperative agree19 ment with the Greene County Historical Society to provide

20 for the establishment of a library and research center at

21 the historic site.

22 (c) EXHIBITS.—The Secretary may display, and ac23 cept for the purposes of display, works of art associated with

24 Thomas Cole and other Hudson River artists, as may be

25 necessary for the interpretation of the historic site.
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1 (d) GENERAL MANAGEMENT PLAN.—Not later than 2

2 complete fiscal years after the date of enactment of this Act,

3 the Secretary shall develop a general management plan for

4 the historic site. Upon its completion, such plan shall be

5 submitted to the Committee on Energy and Natural Re6 sources of the United States Senate and the Committee on

7 Natural Resources of the United States House of Represent8 atives. The plan shall include recommendations for regional

9 wayside exhibits, to be carried out through cooperative

10 agreements with the State of New York and other public

11 and private entities. The plan shall be prepared in accord12 ance with section 12(b) of the Act entitled ‘‘An Act to im13 prove the administration of the national park system by

14 the Secretary of the Interior, and to clarify the authorities

15 applicable to the system, and for other purposes’’, approved

16 August 18, 1970 (16 U.S.C. 1a–1 through 1a–7).

17 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated such sums as

19 are necessary to carry out this Act.

Amend the title so as to read: ‘‘A bill to establish

the Thomas Cole National Historic Site in the State of

New York, and for other purposes.’’.

S 112 RS——2