I

103D CONGRESS

2D SESSION H. R. 4147

To establish the Hudson and Mohawk Rivers National Heritage Corridor

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

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1994

Mr. MCNULTY introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

To establish the Hudson and Mohawk Rivers National Heritage Corridor 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 and Mohawk

5 Rivers National Heritage Corridor Act of 1994’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds the following:

8 (1) The area of the confluence of the Hudson

9 and Mohawk Rivers in the State of New York expe10 rienced rapid growth and transformation from an
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1 agrarian to an industrial area in the early 19th cen2 tury because of its geographic location, water power,

3 and human creative genius. It has been called the

4 ‘‘Birthplace of America’s Industrial Revolution’’.

5 (2) The cities and villages in the 19th century

6 that make up this area were commercial and indus7 trial communities that linked New England’s mar8 kets with other northeastern cities and Europe,

9 spawned the collar industry, thriving iron and textile

10 industries, and a diversified economy and became

11 home to the beginning of the first women’s labor

12 union, to reform movements and a stop on the un13 derground railroad, and to the first female second14 ary school, the Troy Female Seminary, to teach

15 young women the same curriculum as their brothers.

16 (3) This area exists today as a reservoir of his17 toric and cultural lands, waterways, and structures

18 revealing the wide diversity of individual and social

19 endeavor that created a productive urban industrial

20 society.

21 (4) Many of the existing historic sites and dis22 tricts in this area are listed on the National Register

23 of Historic Places, are linked along a Heritage Trail

24 which has been designated a National Recreation

25 Trail, and possess significant undeveloped rec-
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1 reational opportunities for people throughout the

2 United States.

3 (5) The seven cities, towns, and villages making

4 up this Hudson-Mohawk area have entered into a

5 cooperative arrangement to manage their valuable

6 cultural resources and the area has been designated

7 by the State of New York to be one of fourteen

8 urban cultural parks to represent industrial develop9 ment and labor themes in the State’s development.

10 (6) This area, known as the Hudson-Mohawk

11 Urban Cultural Park or RiverSpark, has been a pio12 neer in the development of ‘‘partnership parks’’

13 where intergovernmental and public and private

14 partnerships bring about the conservation of our

15 heritage and the attainment of goals for preserva16 tion, education, recreation, and economic develop17 ment.

18 (7) The Hudson Mohawk area played a nation19 ally significant role in the industrial development of

20 the Nation, the development of the labor union

21 movement, and the evolution of working class cul22 ture, and this role is reflected in existing sites and

23 districts.

24 (8) Despite existing efforts by local, regional,

25 and State agencies, businesses, cultural and edu-
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1 cation institutions, and private citizens, some impor2 tant cultural and natural resources of the Hudson

3 Mohawk area may be lost or fail to meet their rec4 reational and educational potential without a clear

5 and directed Federal role in the partnership.

6 (9) Many of the local, regional, and State agen7 cies, businesses, and cultural and educational insti8 tutions have expressed the overwhelming desire to

9 combine forces with Federal partners to work coop10 eratively to preserve, manage, and beneficially use

11 the cultural and natural resources region wide and

12 better plan for the future.

13 (b) PURPOSE.—It is the purpose of this Act to pro14 vide a management framework to assist the State of New

15 York, its units of local and regional government and citi16 zens in the development and implementation of integrated

17 cultural, historical, educational, recreational, and related

18 economic land resource management programs in order to

19 retain, enhance, and interpret significant features of the

20 lands, waters, structures, and cultural setting of Hudson

21 and Mohawk Rivers communities in the State of New

22 York.
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1 SEC. 3. HUDSON AND MOHAWK RIVERS NATIONAL HERIT2 AGE CORRIDOR; PURPOSE.

3 (a) ESTABLISHMENT.—There is hereby established in

4 the State of New York the Hudson and Mohawk Rivers

5 National Heritage Corridor.

6 (b) BOUNDARIES.—The boundaries of the Corridor

7 shall include the cities of Troy, Cohoes, and Watervliet,

8 the towns of Waterford and Colonie and the villages of

9 Waterford and Green Island, as generally depicted on the

10 map entitled ‘‘————’’, dated ‘‘————’’ and num11 bered ‘‘————’’.

12 (c) ADMINISTRATION.—The Corridor shall be admin13 istered in accordance with the provisions of this Act.

14 SEC. 4. HUDSON AND MOHAWK RIVERS NATIONAL HERIT15 AGE CORRIDOR COMMISSION.

16 (a) ESTABLISHMENT.—There is hereby established

17 the Hudson and Mohawk Rivers National Heritage Cor18 ridor Commission (referred to in this Act as the ‘‘Commis19 sion’’). The Commission shall assist appropriate Federal,

20 State, and local authorities and regional planning organi21 zations in the development and implementation of an inte22 grated resource management plan to carry out the pur23 poses of this Act.

24 (b) MEMBERSHIP.—(1) The Commission shall be

25 comprised of 19 members, as follows:
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1 (A) The Director of the National Park Service

2 ex officio (or his delegate).

3 (B) Four individuals nominated by the Gov4 ernor and appointed by the Secretary from among

5 the following—

6 (i) persons representing the New York Of7 fice of Parks, Recreation and Historic Preserva8 tion, or a person representing the interest of

9 the Commissioner;

10 (ii) persons representing the New York De11 partment of Environmental Conservation or a

12 person representing the interest of the Commis13 sioner;

14 (iii) persons representing the New York

15 Department of Economic Development or a per16 son representing the interests of the Commis17 sioner; and

18 (iv) persons representing the Hudson-Mo19 hawk Urban Cultural Park Commission or a

20 person representing the interest of the Chair21 man.

22 (C) Six individuals representing the interest of

23 local government or regional organizations from New

24 York appointed by the Secretary after receiving rec-
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1 ommendations from the Governor, of whom, at least

2 3 shall be local elected officials from the region; and

3 (D) Nine individuals from the general public,

4 who are citizens of the State of New York, appointed

5 by the Secretary, after receiving recommendations

6 from the Governor, representing conservation, busi7 ness, tourism, education, and recreational interests.

8 (2) A vacancy in the Commission shall be filled in

9 the manner in which the original appointments were made.

10 (3) Original appointments made under paragraph (1)

11 shall be made not later than six months after the date

12 of enactment of this Act.

13 (c) TERMS.—(1) Members of the Commission shall

14 be appointed for terms of three years and may be

15 reappointed.

16 (2) Any member appointed to fill a vacancy occurring

17 before the expiration of the term for which his predecessor

18 was appointed shall be appointed only for the remainder

19 of such term. Any member of the Commission appointed

20 for a definite term may serve after the expiration of his

21 term until his successor has taken office.

22 (d) COMPENSATION.—Members of the Commission

23 shall receive no pay on account of their service on the

24 Commission but while away from their homes or regular

25 places of business in the performance of services for the
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1 Commission, members of the Commission shall be allowed

2 travel expenses, including per diem in lieu of subsistence,

3 in the same manner as persons employed intermittently

4 in the Government service are allowed expenses under sec5 tion 5703 of title 5, United States Code.

6 (e) CHAIRPERSON.—The Chairperson of the Commis7 sion shall be elected by the members of the Commission.

8 (f) QUORUM.—(1) Eight members of the Commission

9 shall constitute a quorum, but a lesser number may hold

10 hearings.

11 (2) The affirmative vote of not less than ten members

12 of the Commission shall be required to approve the budget

13 of the Commission.

14 (g) MEETINGS.—The Commission shall hold its first

15 meeting not later than 90 days after the date on which

16 its members are appointed and shall meet at least quar17 terly at the call of the Chairperson or ten of its members.

18 Meetings of the Commission shall be subject to section

19 552(b) of title 5, United States Code (relating to open

20 meetings).

21 (h) PROXY.—Any member of the Commission may

22 vote by means of a signed proxy exercised by another

23 member of the Commission, but any member so voting

24 shall not be considered present for purposes of establish25 ing a quorum.
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1 SEC. 5. STAFF OF THE COMMISSION.

2 (a) IN GENERAL.—(1) The Commission shall have

3 the power to appoint and fix compensation of such staff

4 as may be necessary to carry out its duties.

5 (2) Staff appointed by the Commission—

6 (A) shall be appointed subject to the provisions

7 of title 5, United States Code, governing appoint8 ments in the competitive service; and

9 (B) shall be paid in accordance with provisions

10 of chapter 51 and subchapter III of chapter 53 of

11 such title relating to classification and General

12 Schedule pay rates.

13 (b) EXPERTS AND CONSULTANTS.—Subject to such

14 rules as may be adopted by the Commission, the Commis15 sion may procure temporary and intermittent services to

16 the same extent as is authorized by section 3109(b) of title

17 5, United States Code, but at rates determined by the

18 Commission to be reasonable.

19 (c) STAFF OF OTHER AGENCIES.—(1) Upon request

20 of the Commission, the head of any Federal agency may

21 detail, on a reimbursable basis, any of the personnel of

22 such agency to the Commission to assist the Commission

23 in carrying out the Commission’s duties.

24 (2) The Commission may accept the services of per25 sonnel detailed from the State, any political subdivision
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1 thereof, and regional planning organizations for those

2 services.

3 SEC. 6. POWERS OF COMMISSION.

4 (a) HEARINGS.—(1) The Commission may, for the

5 purposes of carrying out this Act, hold hearings, sit and

6 act at such times and places, take such testimony, and

7 receive such evidence, as the Commission considers appro8 priate.

9 (2) The Commission may not issue subpoenas or ex10 ercise any subpoena authority.

11 (b) POWERS OF MEMBERS AND AGENTS.—Any mem12 ber or agent of the Commission, if so authorized by the

13 Commission, may take any action which the Commission

14 is authorized to take by this Act.

15 (c) ADMINISTRATIVE SUPPORT SERVICES.—The Ad16 ministrator of the General Services Administration shall

17 provide to the Commission, on a reimbursable basis, such

18 administrative support services as the Commission may

19 request.

20 (d) MAILS.—The Commission may use the United

21 States mails in the same manner and under the same con22 ditions as other departments and other agencies of the

23 United States.

24 (e) USE OF FUNDS TO OBTAIN MONEY.—The Com25 mission may use its funds to obtain money from any
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1 source under any program or law requiring the recipient

2 of such money to make a contribution in order to receive

3 such money.

4 (f) GIFTS.—(1) The Commission may, for purposes

5 of carrying out its duties, seek, accept, and dispose of

6 gifts, bequests, or donations of money, personal property,

7 or services, received from any source.

8 (2) For purposes of section 170(c) of the Internal

9 Revenue Code of 1986, any gift to the Commission shall

10 be deemed as a gift to the United States.

11 (g) ACQUISITION OF REAL PROPERTY.—(1) Except

12 as provided in paragraph (2) and except with respect to

13 any leasing of facilities under subsection (c), the Commis14 sion may not acquire any real property or interest in real

15 property.

16 (2) Subject to paragraph (3), the Commission may

17 acquire real property or interests in real property in the

18 Corridor—

19 (A) by gift or devise; or

20 (B) by purchase from a willing seller with

21 money that was given, appropriated, or bequeathed

22 to the Commission on the condition that such money

23 would be used to purchase real property, or interest

24 in real property, in the Corridor.
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1 (3) Any real property or interest in real property ac2 quired by the Commission under paragraph (2) shall be

3 conveyed by the Commission to an appropriate public or

4 private land management agency, as determined by the

5 Commission. Any such conveyance shall be made—

6 (A) as soon as practicable after such acquisi7 tion;

8 (B) without consideration; and

9 (C) on the condition that the real property or

10 interest in real property so conveyed is used for

11 public purposes.

12 (h) COOPERATIVE AGREEMENTS.—For purposes of

13 carrying out the Plan, the Commission may enter into co14 operative agreements with the State of New York and the

15 Hudson-Mohawk Urban Cultural Park Commission, with

16 any political subdivision, or with any person or organiza17 tion. Any such cooperative agreement shall, at a minimum,

18 establish procedures for providing notice to the Commis19 sion of any action proposed by any entity which has en20 tered into such an agreement with the Commission which

21 may affect implementation of the Plan referred to in

22 section 7.

23 SEC. 7. DUTIES OF THE COMMISSION.

24 (a) PREPARATION OF PLAN.—Within two years after

25 the Commission conducts its first meeting, it shall submit
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1 to the Secretary, the Governor, and the Hudson-Mohawk

2 Urban Cultural Park Commission, for review and approval

3 in accordance with section 10 of Cultural Heritage and

4 Corridor Management Plan. The Plan shall be based on

5 existing Federal, State, regional, and local plans, but shall

6 coordinate those plans and present a unified historic pres7 ervation, interpretation, recreational, and economic plan

8 for the Corridor. The Plan shall—

9 (1) provide an inventory which includes any

10 property in the Corridor which should be preserved,

11 restored, managed, developed, maintained, or ac12 quired because of its national historic or cultural or

13 recreational significance;

14 (2) recommend advisory standards and criteria

15 applicable to the construction, preservation, restora16 tion, alteration, and use of all properties within the

17 Corridor;

18 (3) develop a historic interpretation plan to in19 terpret the history of the Corridor;

20 (4) develop an inventory which includes existing

21 and potential recreation sites which are developed or

22 which could be developed within the Corridor;

23 (5) recommend policies for resource manage24 ment which consider and detail application of appro25 priate land and water management techniques, in-
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1 cluding (but not limited to) the development of

2 intergovernmental cooperative agreements to protect

3 the Corridor’s historical, cultural, recreational, sce4 nic, natural and related, sustainable economic re5 sources in a manner consistent with supporting ap6 propriate and compatible economic revitalization ef7 forts;

8 (6) detail ways in which local, State, and Fed9 eral programs may best be coordinated to promote

10 the purposes of this Act; and

11 (7) contain a program for implementation of

12 the Plan by the State, its political subdivisions, and

13 the Hudson-Mohawk Urban Cultural Park Commis14 sion.

15 (b) IMPLEMENTATION OF PLAN.—After review and

16 approval of the Plan by the Secretary, the Governor and

17 the Hudson-Mohawk Urban Cultural Park Commission, as

18 provided in subsection (a), the Commission shall imple19 ment the Plan by taking appropriate steps to preserve and

20 interpret the historic resources, develop the recreational

21 resources of the Corridor and its surrounding area, and

22 support public and private efforts in economic revitaliza23 tion, consistent with the goals of the Plan. These steps

24 may include, but need not be limited to—
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1 (1) assisting the State, the Hudson-Mohawk

2 Urban Cultural Park Commission, local govern3 mental entities, regional planning organizations, and

4 nonprofit organizations in preserving the Corridor

5 and ensuring appropriate use of lands and struc6 tures throughout the Corridor;

7 (2) assisting the State, the Hudson-Mohawk

8 Urban Cultural Park Commission, local govern9 mental entities, regional planning organizations, and

10 nonprofit organizations in establishing and main11 taining visitor centers and other interpretive exhibits

12 in the Corridor;

13 (3) assisting the State, the Hudson-Mohawk

14 Urban Cultural Park Commission, local govern15 mental entities, regional planning organizations, and

16 nonprofit organizations in developing recreational

17 programs and resources in the Corridor;

18 (4) assisting the State, the Hudson-Mohawk

19 Urban Cultural Park Commission, local govern20 mental entities, and regional planning organizations

21 in increasing public awareness of and appreciation

22 for the historical and architectural resources and

23 sites in the Corridor;

24 (5) assisting the State, the Hudson-Mohawk

25 Urban Cultural Park Commission, local govern-
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1 mental entities, regional planning organizations, and

2 nonprofit organizations in the restoration of any his3 toric building in the Corridor;

4 (6) encouraging by appropriate means enhanced

5 economic and industrial development in the Corridor

6 consistent with the goals of the Plan;

7 (7) encouraging local governments to adopt

8 land use policies consistent with the management of

9 the Corridor and the goals of the Plan and to ensure

10 appropriate use of lands and structures throughout

11 the Corridor; and

12 (8) assisting the State, the Hudson-Mohawk

13 Urban Cultural Park Commission, local govern14 mental entities, and regional planning organizations

15 to ensure that clear, consistent signs identifying ac16 cess points and sites of interest are put in place

17 throughout the Corridor.

18 SEC. 8. ACQUISITION OF PROPERTY.

19 The Secretary is authorized to acquire any property

20 within the Corridor, or any interest therein, as he deter21 mines is necessary, if such property—

22 (1) is designated for acquisition in the Plan

23 prepared by the Commission pursuant to section 7

24 or as a key site in the National Historic Landmark
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1 Theme Study on American Labor History, prepared

2 under Public Law 102–101 (105 Stat. 493);

3 (2) is listed in the National Register of Historic

4 Places; or

5 (3) is determined by the Secretary to be of na6 tional significance;

7 except that the Secretary may not acquire the fee simple

8 title to any property without the consent of the owner.

9 Any property or interest therein owned by the State of

10 New York or any political subdivision thereof may be ac11 quired only by donation.

12 SEC. 9. TERMINATION OF COMMISSION.

13 (a) TERMINATION.—Except as provided in subsection

14 (b), the Commission shall terminate on the day occurring

15 five years after the date of enactment of this Act.

16 (b) EXTENSION.—The Commission may be extended

17 for a period of not more than five years beginning on the

18 day of termination referred to in subsection (a) if, not

19 later than 180 days before such day—

20 (1) the Commission determines such extension

21 is necessary in order to carry out the purposes of

22 this Act;

23 (2) the Commission submits such proposed ex24 tension to the Committee on Natural Resources of
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1 the House of Representatives and the Committee on

2 Energy and National Resources of the Senate; and

3 (3) the Secretary, in consultation with the Gov4 ernor of New York, approves such extension.

5 SEC. 10. DUTIES OF THE SECRETARY.

6 (a) APPROVAL OF PLAN.—The Secretary, in con7 sultation with the Governor and the Hudson-Mohawk

8 Urban Cultural Park Commission, shall approve or dis9 approve a Plan submitted under this Act by the Commis10 sion not later than 60 days after receiving such Plan. The

11 Secretary, in consultation with the Governor and the Hud12 son-Mohawk Urban Cultural Park Commission, shall ap13 prove a Plan submitted if—

14 (1) the Secretary finds the Plan, if imple15 mented, would adequately protect significant histori16 cal and cultural resources of the Corridor while pro17 viding adequate and appropriate educational and

18 outdoor recreational opportunities and economic ac19 tivities within the Corridor;

20 (2) the Secretary determines that the Commis21 sion held public hearings and provided adequate op22 portunity for public and governmental involvement

23 in the preparation of the Plan; and

24 (3) the Secretary receives adequate assurances

25 from appropriate State officials that the rec-
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1 ommended implementation program identified in the

2 Plan will be initiated within a reasonable time after

3 the date of approval of the Plan and that such im4 plementation program will ensure effective imple5 mentation of the State, regional and local aspects of

6 the Plan.

7 (b) DISAPPROVAL OF PLAN.—If the Secretary dis8 approves a Plan submitted to him by the Commission, he

9 shall advise the Commission in writing of the reasons

10 therefor and shall make recommendations for revisions in

11 the Plan. The Commission shall within 90 days of receipt

12 of such notice of disapproval revise and resubmit the Plan

13 to the Secretary who shall approve or disapprove a pro14 posed revision within 60 days after the date it is submitted

15 to him.

16 (c) ASSISTANCE.—The Secretary shall, upon request

17 of the Commission, assist the Commission in the prepara18 tion and implementation of the Plan.

19 SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.

20 Any Federal entity conducting or supporting activi21 ties directly affecting the Corridor shall—

22 (1) consult with the Secretary and the Commis23 sion with respect to such activities;

24 (2) cooperate with the Secretary and the Com25 mission with respect to such activities and, to the
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1 maximum extent practicable, coordinate such activi2 ties; and

3 (3) to the maximum extent practicable, conduct

4 or support such activities in a manner which the

5 Commission determines will not have an adverse ef6 fect on the Corridor.

7 SEC. 12. DEFINITIONS.

8 For purposes of this Act:

9 (1) The term ‘‘Commission’’ means the Hud10 son-Mohawk Rivers National Heritage Corridor

11 Commission established under section 4.

12 (2) The term ‘‘State’’ means the State of New

13 York.

14 (3) The term ‘‘Corridor’’ means the Hudson15 Mohawk Rivers National Heritage Corridor estab16 lished under section 3.

17 (4) The term ‘‘Plan’’ means the Cultural Herit18 age and Corridor Management Plan to be prepared

19 by the Commission pursuant to section 7.

20 (5) The term ‘‘Governor’’ means the Governor

21 of the State of New York.

22 (6) The term ‘‘Secretary’’ means the Secretary

23 of the Interior.
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1 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

2 (a) COMMISSION.—There is authorized to be appro3 priated $300,000 for fiscal year 1995 and $300,000 annu4 ally to the Commission to carry out its duties under this

5 Act.

6 (b) SECRETARY.—There are authorized to be appro7 priated annually to the Secretary such sums as may be

8 necessary to carry out his duties under this Act.

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