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 Herit-
age Corridor in the State of New York, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hudson and Mohawk
Rivers National Heritage Corridor Act of 1994’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The area of the confluence of the Hudson
and Mohawk Rivers in the State of New York expe-
rienced rapid growth and transformation from an
agrarian to an industrial area in the early 19th cen-
tury because of its geographic location, water power,
and human creative genius. It has been called the
‘‘Birthplace of America’s Industrial Revolution’’.
(2) The cities and villages in the 19th century
that make up this area were commercial and indus-
trial communities that linked New England’s mar-
kets with other northeastern cities and Europe,
spawned the collar industry, thriving iron and textile
industries, and a diversified economy and became
home to the beginning of the first women’s labor
union, to reform movements and a stop on the un-
derground railroad, and to the first female second-
ary school, the Troy Female Seminary, to teach
young women the same curriculum as their brothers.
(3) This area exists today as a reservoir of his-
toric and cultural lands, waterways, and structures
revealing the wide diversity of individual and social
endeavor that created a productive urban industrial
society.
(4) Many of the existing historic sites and dis-
tricts in this area are listed on the National Register
of Historic Places, are linked along a Heritage Trail
which has been designated a National Recreation
Trail, and possess significant undeveloped rec-
reational opportunities for people throughout the
United States.
(5) The seven cities, towns, and villages making
up this Hudson-Mohawk area have entered into a
cooperative arrangement to manage their valuable
cultural resources and the area has been designated
by the State of New York to be one of fourteen
urban cultural parks to represent industrial develop-
ment and labor themes in the State’s development.
(6) This area, known as the Hudson-Mohawk
Urban Cultural Park or RiverSpark, has been a pio-
neer in the development of ‘‘partnership parks’’
where intergovernmental and public and private
partnerships bring about the conservation of our
heritage and the attainment of goals for preserva-
tion, education, recreation, and economic develop-
ment.
(7) The Hudson Mohawk area played a nation-
ally significant role in the industrial development of
the Nation, the development of the labor union
movement, and the evolution of working class cul-
ture, and this role is reflected in existing sites and
districts.
(8) Despite existing efforts by local, regional,
and State agencies, businesses, cultural and edu-
cation institutions, and private citizens, some impor-
tant cultural and natural resources of the Hudson
Mohawk area may be lost or fail to meet their rec-
reational and educational potential without a clear
and directed Federal role in the partnership.
(9) Many of the local, regional, and State agen-
cies, businesses, and cultural and educational insti-
tutions have expressed the overwhelming desire to
combine forces with Federal partners to work coop-
eratively to preserve, manage, and beneficially use
the cultural and natural resources region wide and
better plan for the future.
(b) PURPOSE.—It is the purpose of this Act to pro-
vide a management framework to assist the State of New
York, its units of local and regional government and citi-
zens in the development and implementation of integrated
cultural, historical, educational, recreational, and related
economic land resource management programs in order to
retain, enhance, and interpret significant features of the
lands, waters, structures, and cultural setting of Hudson
and Mohawk Rivers communities in the State of New
York.
SEC. 3. HUDSON AND MOHAWK RIVERS NATIONAL HERIT-
AGE CORRIDOR; PURPOSE.
(a) ESTABLISHMENT.—There is hereby established in
the State of New York the Hudson and Mohawk Rivers
National Heritage Corridor.
(b) BOUNDARIES.—The boundaries of the Corridor
shall include the cities of Troy, Cohoes, and Watervliet,
the towns of Waterford and Colonie and the villages of
Waterford and Green Island, as generally depicted on the
map entitled ‘‘————’’, dated ‘‘————’’ and num-
bered ‘‘————’’.
(c) ADMINISTRATION.—The Corridor shall be admin-
istered in accordance with the provisions of this Act.
SEC. 4. HUDSON AND MOHAWK RIVERS NATIONAL HERIT-
AGE CORRIDOR COMMISSION.
(a) ESTABLISHMENT.—There is hereby established
the Hudson and Mohawk Rivers National Heritage Cor-
ridor Commission (referred to in this Act as the ‘‘Commis-
sion’’). The Commission shall assist appropriate Federal,
State, and local authorities and regional planning organi-
zations in the development and implementation of an inte-
grated resource management plan to carry out the pur-
poses of this Act.
(b) MEMBERSHIP.—(1) The Commission shall be
comprised of 19 members, as follows:
(A) The Director of the National Park Service
ex officio (or his delegate).
(B) Four individuals nominated by the Gov-
ernor and appointed by the Secretary from among
the following—
(i) persons representing the New York Of-
fice of Parks, Recreation and Historic Preserva-
tion, or a person representing the interest of
the Commissioner;
(ii) persons representing the New York De-
partment of Environmental Conservation or a
person representing the interest of the Commis-
sioner;
(iii) persons representing the New York
Department of Economic Development or a per-
son representing the interests of the Commis-
sioner; and
(iv) persons representing the Hudson-Mo-
hawk Urban Cultural Park Commission or a
person representing the interest of the Chair-
man.
(C) Six individuals representing the interest of
local government or regional organizations from New
York appointed by the Secretary after receiving rec-
ommendations from the Governor, of whom, at least
3 shall be local elected officials from the region; and
(D) Nine individuals from the general public,
who are citizens of the State of New York, appointed
by the Secretary, after receiving recommendations
from the Governor, representing conservation, busi-
ness, tourism, education, and recreational interests.
(2) A vacancy in the Commission shall be filled in
the manner in which the original appointments were made.
(3) Original appointments made under paragraph (1)
shall be made not later than six months after the date
of enactment of this Act.
(c) TERMS.—(1) Members of the Commission shall
be appointed for terms of three years and may be
reappointed.
(2) Any member appointed to fill a vacancy occurring
before the expiration of the term for which his predecessor
was appointed shall be appointed only for the remainder
of such term. Any member of the Commission appointed
for a definite term may serve after the expiration of his
term until his successor has taken office.
(d) COMPENSATION.—Members of the Commission
shall receive no pay on account of their service on the
Commission but while away from their homes or regular
places of business in the performance of services for the
thereof, and regional planning organizations for those
services.
SEC. 6. POWERS OF COMMISSION.
(a) HEARINGS.—(1) The Commission may, for the
purposes of carrying out this Act, hold hearings, sit and
act at such times and places, take such testimony, and
receive such evidence, as the Commission considers appro-
priate.
(2) The Commission may not issue subpoenas or ex-
ercise any subpoena authority.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission, if so authorized by the
Commission, may take any action which the Commission
is authorized to take by this Act.
(c) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of the General Services Administration shall
provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may
request.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and other agencies of the
United States.
(e) USE OF FUNDS TO OBTAIN MONEY.—The Com-
mission may use its funds to obtain money from any
source under any program or law requiring the recipient
of such money to make a contribution in order to receive
such money.
(f) GIFTS.—(1) The Commission may, for purposes
of carrying out its duties, seek, accept, and dispose of
gifts, bequests, or donations of money, personal property,
or services, received from any source.
(2) For purposes of section 170(c) of the Internal
Revenue Code of 1986, any gift to the Commission shall
be deemed as a gift to the United States.
(g) ACQUISITION OF REAL PROPERTY.—(1) Except
as provided in paragraph (2) and except with respect to
any leasing of facilities under subsection (c), the Commis-
sion may not acquire any real property or interest in real
property.
(2) Subject to paragraph (3), the Commission may
acquire real property or interests in real property in the
Corridor—
(A) by gift or devise; or
(B) by purchase from a willing seller with
money that was given, appropriated, or bequeathed
to the Commission on the condition that such money
would be used to purchase real property, or interest
in real property, in the Corridor.
(3) Any real property or interest in real property ac-
quired by the Commission under paragraph (2) shall be
conveyed by the Commission to an appropriate public or
private land management agency, as determined by the
Commission. Any such conveyance shall be made—
(A) as soon as practicable after such acquisi-
tion;
(B) without consideration; and
(C) on the condition that the real property or
interest in real property so conveyed is used for
public purposes.
(h) COOPERATIVE AGREEMENTS.—For purposes of
carrying out the Plan, the Commission may enter into co-
operative agreements with the State of New York and the
Hudson-Mohawk Urban Cultural Park Commission, with
any political subdivision, or with any person or organiza-
tion. Any such cooperative agreement shall, at a minimum,
establish procedures for providing notice to the Commis-
sion of any action proposed by any entity which has en-
tered into such an agreement with the Commission which
may affect implementation of the Plan referred to in
section 7.
SEC. 7. DUTIES OF THE COMMISSION.
(a) PREPARATION OF PLAN.—Within two years after
the Commission conducts its first meeting, it shall submit
to the Secretary, the Governor, and the Hudson-Mohawk
Urban Cultural Park Commission, for review and approval
in accordance with section 10 of Cultural Heritage and
Corridor Management Plan. The Plan shall be based on
existing Federal, State, regional, and local plans, but shall
coordinate those plans and present a unified historic pres-
ervation, interpretation, recreational, and economic plan
for the Corridor. The Plan shall—
(1) provide an inventory which includes any
property in the Corridor which should be preserved,
restored, managed, developed, maintained, or ac-
quired because of its national historic or cultural or
recreational significance;
(2) recommend advisory standards and criteria
applicable to the construction, preservation, restora-
tion, alteration, and use of all properties within the
Corridor;
(3) develop a historic interpretation plan to in-
terpret the history of the Corridor;
(4) develop an inventory which includes existing
and potential recreation sites which are developed or
which could be developed within the Corridor;
(5) recommend policies for resource manage-
ment which consider and detail application of appro-
priate land and water management techniques, in-
cluding (but not limited to) the development of
intergovernmental cooperative agreements to protect
the Corridor’s historical, cultural, recreational, sce-
nic, natural and related, sustainable economic re-
sources in a manner consistent with supporting ap-
propriate and compatible economic revitalization ef-
forts;
(6) detail ways in which local, State, and Fed-
eral programs may best be coordinated to promote
the purposes of this Act; and
(7) contain a program for implementation of
the Plan by the State, its political subdivisions, and
the Hudson-Mohawk Urban Cultural Park Commis-
sion.
(b) IMPLEMENTATION OF PLAN.—After review and
approval of the Plan by the Secretary, the Governor and
the Hudson-Mohawk Urban Cultural Park Commission, as
provided in subsection (a), the Commission shall imple-
ment the Plan by taking appropriate steps to preserve and
interpret the historic resources, develop the recreational
resources of the Corridor and its surrounding area, and
support public and private efforts in economic revitaliza-
tion, consistent with the goals of the Plan. These steps
may include, but need not be limited to—
(1) assisting the State, the Hudson-Mohawk
Urban Cultural Park Commission, local govern-
mental entities, regional planning organizations, and
nonprofit organizations in preserving the Corridor
and ensuring appropriate use of lands and struc-
tures throughout the Corridor;
(2) assisting the State, the Hudson-Mohawk
Urban Cultural Park Commission, local govern-
mental entities, regional planning organizations, and
nonprofit organizations in establishing and main-
taining visitor centers and other interpretive exhibits
in the Corridor;
(3) assisting the State, the Hudson-Mohawk
Urban Cultural Park Commission, local govern-
mental entities, regional planning organizations, and
nonprofit organizations in developing recreational
programs and resources in the Corridor;
(4) assisting the State, the Hudson-Mohawk
Urban Cultural Park Commission, local govern-
mental entities, and regional planning organizations
in increasing public awareness of and appreciation
for the historical and architectural resources and
sites in the Corridor;
(5) assisting the State, the Hudson-Mohawk
Urban Cultural Park Commission, local govern-
mental entities, regional planning organizations, and
nonprofit organizations in the restoration of any his-
toric building in the Corridor;
(6) encouraging by appropriate means enhanced
economic and industrial development in the Corridor
consistent with the goals of the Plan;
(7) encouraging local governments to adopt
land use policies consistent with the management of
the Corridor and the goals of the Plan and to ensure
appropriate use of lands and structures throughout
the Corridor; and
(8) assisting the State, the Hudson-Mohawk
Urban Cultural Park Commission, local govern-
mental entities, and regional planning organizations
to ensure that clear, consistent signs identifying ac-
cess points and sites of interest are put in place
throughout the Corridor.
SEC. 8. ACQUISITION OF PROPERTY.
The Secretary is authorized to acquire any property
within the Corridor, or any interest therein, as he deter-
mines is necessary, if such property—
(1) is designated for acquisition in the Plan
prepared by the Commission pursuant to section 7
or as a key site in the National Historic Landmark
Theme Study on American Labor History, prepared
under Public Law 102–101 (105 Stat. 493);
(2) is listed in the National Register of Historic
Places; or
(3) is determined by the Secretary to be of na-
tional significance;
except that the Secretary may not acquire the fee simple
title to any property without the consent of the owner.
Any property or interest therein owned by the State of
New York or any political subdivision thereof may be ac-
quired only by donation.
SEC. 9. TERMINATION OF COMMISSION.
(a) TERMINATION.—Except as provided in subsection
(b), the Commission shall terminate on the day occurring
five years after the date of enactment of this Act.
(b) EXTENSION.—The Commission may be extended
for a period of not more than five years beginning on the
day of termination referred to in subsection (a) if, not
later than 180 days before such day—
(1) the Commission determines such extension
is necessary in order to carry out the purposes of
this Act;
(2) the Commission submits such proposed ex-
tension to the Committee on Natural Resources of
the House of Representatives and the Committee on
Energy and National Resources of the Senate; and
(3) the Secretary, in consultation with the Gov-
ernor of New York, approves such extension.
SEC. 10. DUTIES OF THE SECRETARY.
(a) APPROVAL OF PLAN.—The Secretary, in con-
sultation with the Governor and the Hudson-Mohawk
Urban Cultural Park Commission, shall approve or dis-
approve a Plan submitted under this Act by the Commis-
sion not later than 60 days after receiving such Plan. The
Secretary, in consultation with the Governor and the Hud-
son-Mohawk Urban Cultural Park Commission, shall ap-
prove a Plan submitted if—
(1) the Secretary finds the Plan, if imple-
mented, would adequately protect significant histori-
cal and cultural resources of the Corridor while pro-
viding adequate and appropriate educational and
outdoor recreational opportunities and economic ac-
tivities within the Corridor;
(2) the Secretary determines that the Commis-
sion held public hearings and provided adequate op-
portunity for public and governmental involvement
in the preparation of the Plan; and
(3) the Secretary receives adequate assurances
from appropriate State officials that the rec-
ommended implementation program identified in the
Plan will be initiated within a reasonable time after
the date of approval of the Plan and that such im-
plementation program will ensure effective imple-
mentation of the State, regional and local aspects of
the Plan.
(b) DISAPPROVAL OF PLAN.—If the Secretary dis-
approves a Plan submitted to him by the Commission, he
shall advise the Commission in writing of the reasons
therefor and shall make recommendations for revisions in
the Plan. The Commission shall within 90 days of receipt
of such notice of disapproval revise and resubmit the Plan
to the Secretary who shall approve or disapprove a pro-
posed revision within 60 days after the date it is submitted
to him.
(c) ASSISTANCE.—The Secretary shall, upon request
of the Commission, assist the Commission in the prepara-
tion and implementation of the Plan.
SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activi-
ties directly affecting the Corridor shall—
(1) consult with the Secretary and the Commis-
sion with respect to such activities;
(2) cooperate with the Secretary and the Com-
mission with respect to such activities and, to the
maximum extent practicable, coordinate such activi-
ties; and
(3) to the maximum extent practicable, conduct
or support such activities in a manner which the
Commission determines will not have an adverse ef-
fect on the Corridor.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Commission’’ means the Hud-
son-Mohawk Rivers National Heritage Corridor
Commission established under section 4.
(2) The term ‘‘State’’ means the State of New
York.
(3) The term ‘‘Corridor’’ means the Hudson-
Mohawk Rivers National Heritage Corridor estab-
lished under section 3.
(4) The term ‘‘Plan’’ means the Cultural Herit-
age and Corridor Management Plan to be prepared
by the Commission pursuant to section 7.
(5) The term ‘‘Governor’’ means the Governor
of the State of New York.
(6) The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) COMMISSION.—There is authorized to be appro-
priated $300,000 for fiscal year 1995 and $300,000 annu-
ally to the Commission to carry out its duties under this
Act.
(b) SECRETARY.—There are authorized to be appro-
priated annually to the Secretary such sums as may be
necessary to carry out his duties under this Act.
Æ
HR 4147 IH——2