II 

111TH CONGRESS 

1ST SESSION S. 159 

To establish the Paterson Great Falls National Historical Park, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 6, 2009 

Mr. LAUTENBERG (for himself and Mr. MENENDEZ) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To establish the Paterson Great Falls National Historical 

Park, 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 ‘‘Paterson Great Falls 

5 National Historical Park Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CITY.—The term ‘‘City’’ means the City of 

9 Paterson, New Jersey. 


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1 (2) COMMISSION.—The term ‘‘Commission’’ 

2 means the Paterson Great Falls National Historical 

3 Park Advisory Commission established by section 

4 6(a). 

5 (3) HISTORIC DISTRICT.—The term ‘‘Historic 

6 District’’ means the Great Falls Historic District in 

7 the State. 

8 (4) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the management plan for the 

10 Park developed under section 5. 

11 (5) MAP.—The term ‘‘Map’’ means the map en12 titled ‘‘Paterson Great Falls National Historical 

13 Park-Proposed Boundary’’, numbered T03/80,001, 

14 and dated May 2008. 

15 (6) PARK.—The term ‘‘Park’’ means the 

16 Paterson Great Falls National Historical Park es17 tablished by section 3(a). 

18 (7) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (8) STATE.—The term ‘‘State’’ means the State 

21 of New Jersey. 

22 SEC. 3. PATERSON GREAT FALLS NATIONAL HISTORICAL 

23 PARK. 

24 (a) ESTABLISHMENT.— 


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

2 there is established in the State a unit of the Na3 tional Park System to be known as the ‘‘Paterson 

4 Great Falls National Historical Park’’. 

5 (2) CONDITIONS FOR ESTABLISHMENT.—The 

6 Park shall not be established until the date on which 

7 the Secretary determines that— 

8 (A)(i) the Secretary has acquired sufficient 

9 land or an interest in land within the boundary 

10 of the Park to constitute a manageable unit; or 

11 (ii) the State or City, as appropriate, has 

12 entered into a written agreement with the Sec13 retary to donate— 

14 (I) the Great Falls State Park, includ15 ing facilities for Park administration and 

16 visitor services; or 

17 (II) any portion of the Great Falls 

18 State Park agreed to between the Sec19 retary and the State or City; and 

20 (B) the Secretary has entered into a writ21 ten agreement with the State, City, or other 

22 public entity, as appropriate, providing that— 

23 (i) land owned by the State, City, or 

24 other public entity within the Historic DisVerDate Nov 24 2008 23:53 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S159.IS S159

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1 trict will be managed consistent with this 

2 Act; and 

3 (ii) future uses of land within the His4 toric District will be compatible with the 

5 designation of the Park. 

6 (b) PURPOSE.—The purpose of the Park is to pre7 serve and interpret for the benefit of present and future 

8 generations certain historical, cultural, and natural re9 sources associated with the Historic District. 

10 (c) BOUNDARIES.—The Park shall include the fol11 lowing sites, as generally depicted on the Map: 

12 (1) The upper, middle, and lower raceways. 

13 (2) Mary Ellen Kramer (Great Falls) Park and 

14 adjacent land owned by the City. 

15 (3) A portion of Upper Raceway Park, includ16 ing the Ivanhoe Wheelhouse and the Society for Es17 tablishing Useful Manufactures Gatehouse. 

18 (4) Overlook Park and adjacent land, including 

19 the Society for Establishing Useful Manufactures 

20 Hydroelectric Plant and Administration Building. 

21 (5) The Allied Textile Printing site, including 

22 the Colt Gun Mill ruins, Mallory Mill ruins, Waverly 

23 Mill ruins, and Todd Mill ruins. 

24 (6) The Rogers Locomotive Company Erecting 

25 Shop, including the Paterson Museum. 


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1 (7) The Great Falls Visitor Center. 

2 (d) AVAILABILITY OF MAP.—The Map shall be on file 

3 and available for public inspection in the appropriate of4 fices of the National Park Service. 

5 (e) PUBLICATION OF NOTICE.—Not later than 60 

6 days after the date on which the conditions in subpara7 graphs (A) and (B) of subsection (a)(2) are satisfied, the 

8 Secretary shall publish in the Federal Register notice of 

9 the establishment of the Park, including an official bound10 ary map for the Park. 

11 SEC. 4. ADMINISTRATION. 

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

13 the Park in accordance with— 

14 (1) this Act; and 

15 (2) the laws generally applicable to units of the 

16 National Park System, including— 

17 (A) the National Park Service Organic Act 

18 (16 U.S.C. 1 et seq.); and 

19 (B) the Act of August 21, 1935 (16 U.S.C. 

20 461 et seq.). 

21 (b) STATE AND LOCAL JURISDICTION.—Nothing in 

22 this Act enlarges, diminishes, or modifies any authority 

23 of the State, or any political subdivision of the State (in24 cluding the City)— 

25 (1) to exercise civil and criminal jurisdiction; or 


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1 (2) to carry out State laws (including regula2 tions) and rules on non-Federal land located within 

3 the boundary of the Park. 

4 (c) COOPERATIVE AGREEMENTS.— 

5 (1) IN GENERAL.—As the Secretary determines 

6 to be appropriate to carry out this Act, the Sec7 retary may enter into cooperative agreements with 

8 the owner of the Great Falls Visitor Center or any 

9 nationally significant properties within the boundary 

10 of the Park under which the Secretary may identify, 

11 interpret, restore, and provide technical assistance 

12 for the preservation of the properties. 

13 (2) RIGHT OF ACCESS.—A cooperative agree14 ment entered into under paragraph (1) shall provide 

15 that the Secretary, acting through the Director of 

16 the National Park Service, shall have the right of 

17 access at all reasonable times to all public portions 

18 of the property covered by the agreement for the 

19 purposes of— 

20 (A) conducting visitors through the prop21 erties; and 

22 (B) interpreting the properties for the pub23 lic. 

24 (3) CHANGES OR ALTERATIONS.—No changes 

25 or alterations shall be made to any properties covVerDate Nov 24 2008 23:53 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S159.IS S159

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1 ered by a cooperative agreement entered into under 

2 paragraph (1) unless the Secretary and the other 

3 party to the agreement agree to the changes or al4 terations. 

5 (4) CONVERSION, USE, OR DISPOSAL.—Any 

6 payment made by the Secretary under this sub7 section shall be subject to an agreement that the 

8 conversion, use, or disposal of a project for purposes 

9 contrary to the purposes of this Act, as determined 

10 by the Secretary, shall entitle the United States to 

11 reimbursement in amount equal to the greater of— 

12 (A) the amounts made available to the 

13 project by the United States; or 

14 (B) the portion of the increased value of 

15 the project attributable to the amounts made 

16 available under this subsection, as determined 

17 at the time of the conversion, use, or, disposal. 

18 (5) MATCHING FUNDS.— 

19 (A) IN GENERAL.—As a condition of the 

20 receipt of funds under this subsection, the Sec21 retary shall require that any Federal funds 

22 made available under a cooperative agreement 

23 shall be matched on a 1-to-1 basis by non-Fed24 eral funds. 


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1 (B) FORM.—With the approval of the Sec2 retary, the non-Federal share required under 

3 subparagraph (A) may be in the form of do4 nated property, goods, or services from a non5 Federal source. 

6 (d) ACQUISITION OF LAND.— 

7 (1) IN GENERAL.—The Secretary may acquire 

8 land or interests in land within the boundary of the 

9 Park by donation, purchase from a willing seller 

10 with donated or appropriated funds, or exchange. 

11 (2) DONATION OF STATE OWNED LAND.—Land 

12 or interests in land owned by the State or any polit13 ical subdivision of the State may only be acquired by 

14 donation. 

15 (e) TECHNICAL ASSISTANCE AND PUBLIC INTERPRE16 TATION.—The Secretary may provide technical assistance 

17 and public interpretation of related historic and cultural 

18 resources within the boundary of the Historic District. 

19 SEC. 5. MANAGEMENT PLAN. 

20 (a) IN GENERAL.—Not later than 3 fiscal years after 

21 the date on which funds are made available to carry out 

22 this section, the Secretary, in consultation with the Com23 mission, shall complete a management plan for the Park 

24 in accordance with— 


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1 (1) section 12(b) of Public Law 91–383 (com2 monly known as the ‘‘National Park Service General 

3 Authorities Act’’) (16 U.S.C. 1a–7(b)); and 

4 (2) other applicable laws. 

5 (b) COST SHARE.—The management plan shall in6 clude provisions that identify costs to be shared by the 

7 Federal Government, the State, and the City, and other 

8 public or private entities or individuals for necessary cap9 ital improvements to, and maintenance and operations of, 

10 the Park. 

11 (c) SUBMISSION TO CONGRESS.—On completion of 

12 the management plan, the Secretary shall submit the man13 agement plan to— 

14 (1) the Committee on Energy and Natural Re15 sources of the Senate; and 

16 (2) the Committee on Natural Resources of the 

17 House of Representatives. 

18 SEC. 6. PATERSON GREAT FALLS NATIONAL HISTORICAL 

19 PARK ADVISORY COMMISSION. 

20 (a) ESTABLISHMENT.—There is established a com21 mission to be known as the ‘‘Paterson Great Falls Na22 tional Historical Park Advisory Commission’’. 

23 (b) DUTIES.—The duties of the Commission shall be 

24 to advise the Secretary in the development and implemen25 tation of the management plan. 


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1 (c) MEMBERSHIP.— 

2 (1) COMPOSITION.—The Commission shall be 

3 composed of 9 members, to be appointed by the Sec4 retary, of whom— 

5 (A) 4 members shall be appointed after 

6 consideration of recommendations submitted by 

7 the Governor of the State; 

8 (B) 2 members shall be after consideration 

9 of recommendations submitted by the City 

10 Council of Paterson, New Jersey; 

11 (C) 1 member shall be after consideration 

12 of recommendations submitted by the Board of 

13 Chosen Freeholders of Passaic County, New 

14 Jersey; and 

15 (D) 2 members shall have experience with 

16 national parks and historic preservation. 

17 (2) INITIAL APPOINTMENTS.—The Secretary 

18 shall appoint the initial members of the Commission 

19 not later than the earlier of— 

20 (A) the date that is 30 days after the date 

21 on which the Secretary has received all of the 

22 recommendations for appointments under para23 graph (1); or 

24 (B) the date that is 30 days after the Park 

25 is established in accordance with section 3. 


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1 (d) TERM; VACANCIES.— 

2 (1) TERM.— 

3 (A) IN GENERAL.—A member shall be ap4 pointed for a term of 3 years. 

5 (B) REAPPOINTMENT.—A member may be 

6 reappointed for not more than 1 additional 

7 term. 

8 (2) VACANCIES.—A vacancy on the Commission 

9 shall be filled in the same manner as the original ap10 pointment was made. 

11 (e) MEETINGS.—The Commission shall meet at the 

12 call of— 

13 (1) the Chairperson; or 

14 (2) a majority of the members of the Commis15 sion. 

16 (f) QUORUM.—A majority of the Commission shall 

17 constitute a quorum. 

18 (g) CHAIRPERSON AND VICE CHAIRPERSON.— 

19 (1) IN GENERAL.—The Commission shall select 

20 a Chairperson and Vice Chairperson from among the 

21 members of the Commission. 

22 (2) VICE CHAIRPERSON.—The Vice Chairperson 

23 shall serve as Chairperson in the absence of the 

24 Chairperson. 


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1 (3) TERM.—A member may serve as Chair2 person or Vice Chairman for not more than 1 year 

3 in each office. 

4 (h) COMMISSION PERSONNEL MATTERS.— 

5 (1) COMPENSATION OF MEMBERS.— 

6 (A) IN GENERAL.—Members of the Com7 mission shall serve without compensation. 

8 (B) TRAVEL EXPENSES.—Members of the 

9 Commission shall be allowed travel expenses, in10 cluding per diem in lieu of subsistence, at rates 

11 authorized for an employee of an agency under 

12 subchapter I of chapter 57 of title 5, United 

13 States Code, while away from the home or reg14 ular place of business of the member in the per15 formance of the duties of the Commission. 

16 (2) STAFF.— 

17 (A) IN GENERAL.—The Secretary shall 

18 provide the Commission with any staff members 

19 and technical assistance that the Secretary, 

20 after consultation with the Commission, deter21 mines to be appropriate to enable the Commis22 sion to carry out the duties of the Commission. 

23 (B) DETAIL OF EMPLOYEES.—The Sec24 retary may accept the services of personnel de25 tailed from— 


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1 (i) the State; 

2 (ii) any political subdivision of the 

3 State; or 

4 (iii) any entity represented on the 

5 Commission. 

6 (i) FACA NONAPPLICABILITY.—Section 14(b) of the 

7 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

8 apply to the Commission. 

9 (j) TERMINATION.—The Commission shall terminate 

10 10 years after the date of enactment of this Act. 

11 SEC. 7. STUDY OF HINCHLIFFE STADIUM. 

12 (a) IN GENERAL.—Not later than 3 fiscal years after 

13 the date on which funds are made available to carry out 

14 this Act, the Secretary shall complete a study regarding 

15 the preservation and interpretation of Hinchliffe Stadium, 

16 which is listed on the National Register of Historic Places. 

17 (b) INCLUSIONS.—The study shall include an assess18 ment of— 

19 (1) the potential for listing the stadium as a 

20 National Historic Landmark; and 

21 (2) options for maintaining the historic integ22 rity of Hinchliffe Stadium. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Æ 


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