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16 U.S.C. § 410lllPaterson Great Falls National Historical Park, New Jersey

submitted 17 years ago by Pub. L. 111-11 to r/title-16-CONSERVATION · 1,999 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress created Paterson Great Falls National Historical Park in Paterson, New Jersey, once certain land or donation conditions are met. It covers historic mill and raceway sites plus Hinchliffe Stadium. A 9-member advisory commission helps shape a management plan, and land acquisition generally needs an owner's consent.

(a) Definitions This section defines eight terms. "City" means the City of Paterson, New Jersey. "Commission" means the Paterson Great Falls National Historical Park Advisory Commission, created in subsection (e)(1). "Historic District" means the Great Falls Historic District in New Jersey. "Management plan" means the plan for the Park developed under subsection (d). "Map" means the map titled "Paterson Great Falls National Historical Park-Proposed Boundary," numbered T03/80,001 and dated May 2008. "Park" means the Paterson Great Falls National Historical Park established by subsection (b)(1)(A). "Secretary" means the Secretary of the Interior. "State" means the State of New Jersey. (b) Paterson Great Falls National Historical Park (1) Establishment — This subsection creates a new unit of the National Park System in New Jersey, called the "Paterson Great Falls National Historical Park." But it doesn't exist yet just because this law says so — the Park can't actually be established until the Secretary determines that two separate conditions are both met. First, either the Secretary has already acquired enough land or land interests to make a workable unit, or the State or City has signed a written agreement to donate the Great Falls State Park (including its administration and visitor-service facilities) or an agreed-upon part of it. Second, the Secretary must have signed a written agreement with the State, City, or another public entity, guaranteeing that publicly owned land inside the Historic District will be managed consistent with this section, and that future uses of land in the Historic District will fit with the Park's designation. (2) Purpose — The Park exists to preserve and explain, for both today's and future generations, the historical, cultural, and natural resources tied to the Historic District. (3) Boundaries — The Park includes several sites shown on the Map: the upper, middle, and lower raceways; Mary Ellen Kramer (Great Falls) Park and the City land next to it; part of Upper Raceway Park, including the Ivanhoe Wheelhouse and the Society for Establishing Useful Manufactures Gatehouse; Overlook Park and adjacent land, including the Society's Hydroelectric Plant and Administration Building; the Allied Textile Printing site, including the ruins of the Colt Gun Mill, Mallory Mill, Waverly Mill, and Todd Mill; the Rogers Locomotive Company Erecting Shop, including the Paterson Museum; and the Great Falls Visitor Center. Beyond that, the Park also includes about 6 acres containing Hinchliffe Stadium, shown as the "Boundary Modification Area" on a separate 2015 map. That stadium land is managed as part of the Park under subsection (c)(1) and section 3 of the Hinchliffe Stadium Heritage Act. (4) Availability of map — Both maps are kept on file at National Park Service offices for public viewing. (5) Publication of notice — Once both conditions in paragraph (1)(B) are satisfied, the Secretary has 60 days to publish notice in the Federal Register announcing the Park's establishment, including an official boundary map. (c) Administration (1) In general — The Secretary manages the Park under this section and under the laws generally applicable to National Park System units, including the National Park Service Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) State and local jurisdiction — Nothing in this section adds to, takes away, or changes any authority the State or its political subdivisions (including the City) already have — either to exercise civil and criminal jurisdiction, or to enforce state laws and rules on non-federal land inside the Park's boundary. (3) Cooperative agreements — The Secretary may make cooperative agreements with the owner of the Great Falls Visitor Center or of other nationally significant properties in the Park, to identify, interpret, restore, and technically assist in preserving those properties. Every such agreement must give the Secretary — acting through the Director of the National Park Service — the right to enter the public parts of the property at all reasonable times, to guide visitors through it and interpret it for the public. No changes can be made to a covered property unless the Secretary and the property owner both agree. Every payment the Secretary makes under such an agreement comes with a condition: if the property is later converted, used, or disposed of for purposes the Secretary determines go against this section, the United States can demand repayment. That repayment equals whichever is larger — the amount the United States originally provided, or the share of the property's increased value that came from that funding. As a further condition of getting funds under a cooperative agreement, every federal dollar must be matched by one non-federal dollar; with the Secretary's approval, that non-federal share can be donated property, goods, or services instead of cash. (4) Acquisition of land — Generally, the Secretary may acquire land or land interests within the Park's boundary by donation, by purchase from a willing seller (using donated or government money), or by exchange. Land owned by the State or one of its political subdivisions can only be acquired by donation. And Hinchliffe Stadium gets special treatment: the Secretary can never acquire full ownership of it, but may acquire a preservation easement there if doing so would help protect the stadium. (5) Technical assistance and public interpretation — The Secretary may also give technical assistance and public interpretation for other historic and cultural resources within the Historic District, even beyond the Park's own boundary. (d) Management plan (1) In general — Within 3 fiscal years after funding becomes available, the Secretary, working with the Commission, must finish a management plan for the Park. The plan must follow section 100502 of title 54 and any other applicable laws. (2) Cost share — The plan must spell out how the costs of necessary capital improvements, maintenance, and operations will be split among the federal government, the State, the City, and other public or private entities or individuals. (3) Submission to Congress — Once finished, the Secretary sends the plan to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources. (e) Paterson Great Falls National Historical Park Advisory Commission This subsection creates the Commission and spells out how it works. Its job is to advise the Secretary on writing and carrying out the management plan. It has 9 members, all appointed by the Secretary: 4 chosen after considering the Governor's recommendations, 2 after considering the Paterson City Council's recommendations, 1 after considering the Passaic County Board of Chosen Freeholders' recommendations, and 2 chosen for their experience with national parks and historic preservation. The Secretary must appoint the first members within 30 days of receiving all the recommendations, or within 30 days of the Park's establishment — whichever comes first. Each member serves a 3-year term and may be reappointed only once. Vacancies are filled the same way as the original appointment. The Commission meets when its Chairperson calls a meeting, or when a majority of members do. A majority of members makes a quorum. The Commission picks its own Chairperson and Vice Chairperson from among its members; the Vice Chairperson fills in when the Chair is absent, and nobody can serve more than one year in either office at a time. Members aren't paid, but they can be reimbursed for travel expenses, including a daily allowance, using the standard federal rate for occasional government service. The Secretary must give the Commission whatever staff and technical help the Secretary — after talking with the Commission — thinks is appropriate, and may accept staff loaned from the State, its political subdivisions, or any entity represented on the Commission. One provision of a related open-meetings law does not apply to this Commission. The Commission automatically ends 10 years after March 30, 2009. (f) Study of Hinchliffe Stadium Within 3 fiscal years after funding becomes available, the Secretary must complete a study on preserving and interpreting Hinchliffe Stadium, which is already listed on the National Register of Historic Places. The study must look at whether the stadium could be listed as a National Historic Landmark, and at options for keeping its historic character intact. (g) Authorization of appropriations Congress authorizes whatever money is necessary to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) City

The term “City” means the City of Paterson, New Jersey.

(2) Commission

The term “Commission” means the Paterson Great Falls National Historical Park Advisory Commission established by subsection (e)(1).

(3) Historic District

The term “Historic District” means the Great Falls Historic District in the State.

(4) Management plan

The term “management plan” means the management plan for the Park developed under subsection (d).

(5) Map

The term “Map” means the map entitled “Paterson Great Falls National Historical Park–Proposed Boundary”, numbered T03/80,001, and dated May 2008.

(6) Park

The term “Park” means the Paterson Great Falls National Historical Park established by subsection (b)(1)(A).

(7) Secretary

The term “Secretary” means the Secretary of the Interior.

(8) State

The term “State” means the State of New Jersey.

(b) Paterson Great Falls National Historical Park
(1) Establishment
(A) In general

Subject to subparagraph (B), there is established in the State a unit of the National Park System to be known as the “Paterson Great Falls National Historical Park”.

(B) Conditions for establishment

The Park shall not be established until the date on which the Secretary determines that—

(i)
(I)

the Secretary has acquired sufficient land or an interest in land within the boundary of the Park to constitute a manageable unit; or

(II)

the State or City, as appropriate, has entered into a written agreement with the Secretary to donate—

(aa)

the Great Falls State Park, including facilities for Park administration and visitor services; or

(bb)

any portion of the Great Falls State Park agreed to between the Secretary and the State or City; and

(ii)

the Secretary has entered into a written agreement with the State, City, or other public entity, as appropriate, providing that—

(I)

land owned by the State, City, or other public entity within the Historic District will be managed consistent with this section; and

(II)

future uses of land within the Historic District will be compatible with the designation of the Park.

(2) Purpose

The purpose of the Park is to preserve and interpret for the benefit of present and future generations certain historical, cultural, and natural resources associated with the Historic District.

(3) Boundaries
(A)

The Park shall include the following sites, as generally depicted on the Map:

(i)

The upper, middle, and lower raceways.

(ii)

Mary Ellen Kramer (Great Falls) Park and adjacent land owned by the City.

(iii)

A portion of Upper Raceway Park, including the Ivanhoe Wheelhouse and the Society for Establishing Useful Manufactures Gatehouse.

(iv)

Overlook Park and adjacent land, including the Society for Establishing Useful Manufactures Hydroelectric Plant and Administration Building.

(v)

The Allied Textile Printing site, including the Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and Todd Mill ruins.

(vi)

The Rogers Locomotive Company Erecting Shop, including the Paterson Museum.

(vii)

The Great Falls Visitor Center.

(B)

In addition to the lands described in subparagraph (A), the Park shall include the approximately 6 acres of land containing Hinchliffe Stadium and generally depicted as the “Boundary Modification Area” on the map entitled “Paterson Great Falls National Historical Park, Proposed Boundary Modification”, numbered T03/120,155A, and dated August 2015, which shall be administered as part of the Park in accordance with subsection (c)(1) and section 3 of the Hinchliffe Stadium Heritage Act.

(4) Availability of map

The Map and the map referred to in paragraph (3)(B) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(5) Publication of notice

Not later than 60 days after the date on which the conditions in clauses (i) and (ii) of paragraph (1)(B) are satisfied, the Secretary shall publish in the Federal Register notice of the establishment of the Park, including an official boundary map for the Park.

(c) Administration
(1) In general

The Secretary shall administer the Park in accordance with—

(A)

this section; and

(B)

the laws generally applicable to units of the National Park System, including—

(i)

the National Park Service Organic Act (16 U.S.C. 1 et seq.); 1 and

(ii)

the Act of August 21, 1935 (16 U.S.C. 461 et seq.).1

(2) State and local jurisdiction

Nothing in this section enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the City)—

(A)

to exercise civil and criminal jurisdiction; or

(B)

to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the Park.

(3) Cooperative agreements
(A) In general

As the Secretary determines to be appropriate to carry out this section, the Secretary may enter into cooperative agreements with the owner of the Great Falls Visitor Center or any nationally significant properties within the boundary of the Park under which the Secretary may identify, interpret, restore, and provide technical assistance for the preservation of the properties.

(B) Right of access

A cooperative agreement entered into under subparagraph (A) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of—

(i)

conducting visitors through the properties; and

(ii)

interpreting the properties for the public.

(C) Changes or alterations

No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under subparagraph (A) unless the Secretary and the other party to the agreement agree to the changes or alterations.

(D) Conversion, use, or disposal

Any payment made by the Secretary under this paragraph shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in amount equal to the greater of—

(i)

the amounts made available to the project by the United States; or

(ii)

the portion of the increased value of the project attributable to the amounts made available under this paragraph, as determined at the time of the conversion, use, or, disposal.

(E) Matching funds
(i) In general

As a condition of the receipt of funds under this paragraph, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds.

(ii) Form

With the approval of the Secretary, the non-Federal share required under clause (i) may be in the form of donated property, goods, or services from a non-Federal source.

(4) Acquisition of land
(A) In general

Except as provided in subparagraphs (B) and (C), the Secretary may acquire land or interests in land within the boundary of the Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange.

(B) Donation of State owned land

Land or interests in land owned by the State or any political subdivision of the State may only be acquired by donation.

(C) Hinchliffe Stadium

The Secretary may not acquire fee title to Hinchliffe Stadium, but may acquire a preservation easement in Hinchliffe Stadium if the Secretary determines that doing so will facilitate resource protection of the stadium.

(5) Technical assistance and public interpretation

The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the Historic District.

(d) Management plan
(1) In general

Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary, in consultation with the Commission, shall complete a management plan for the Park in accordance with—

(B)

other applicable laws.

(2) Cost share

The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the City, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the Park.

(3) Submission to Congress

On completion of the management plan, the Secretary shall submit the management plan to—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(e) Paterson Great Falls National Historical Park Advisory Commission
(1) Establishment

There is established a commission to be known as the “Paterson Great Falls National Historical Park Advisory Commission”.

(2) Duties

The duties of the Commission shall be to advise the Secretary in the development and implementation of the management plan.

(3) Membership
(A) Composition

The Commission shall be composed of 9 members, to be appointed by the Secretary, of whom—

(i)

4 members shall be appointed after consideration of recommendations submitted by the Governor of the State;

(ii)

2 members shall be appointed after consideration of recommendations submitted by the City Council of Paterson, New Jersey;

(iii)

1 member shall be appointed after consideration of recommendations submitted by the Board of Chosen Freeholders of Passaic County, New Jersey; and

(iv)

2 members shall have experience with national parks and historic preservation.

(B) Initial appointments

The Secretary shall appoint the initial members of the Commission not later than the earlier of—

(i)

the date that is 30 days after the date on which the Secretary has received all of the recommendations for appointments under subparagraph (A); or

(ii)

the date that is 30 days after the Park is established in accordance with subsection (b).

(4) Term; vacancies
(A) Term
(i) In general

A member shall be appointed for a term of 3 years.

(ii) Reappointment

A member may be reappointed for not more than 1 additional term.

(B) Vacancies

A vacancy on the Commission shall be filled in the same manner as the original appointment was made.

(5) Meetings

The Commission shall meet at the call of—

(A)

the Chairperson; or

(B)

a majority of the members of the Commission.

(6) Quorum

A majority of the Commission shall constitute a quorum.

(7) Chairperson and Vice Chairperson
(A) In general

The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.

(B) Vice Chairperson

The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson.

(C) Term

A member may serve as Chairperson or Vice Chairman for not more than 1 year in each office.

(8) Commission personnel matters
(A) Compensation of members
(i) In general

Members of the Commission shall serve without compensation.

(ii) Travel expenses

Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

(B) Staff
(i) In general

The Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duties of the Commission.

(ii) Detail of employees

The Secretary may accept the services of personnel detailed from—

(I)

the State;

(II)

any political subdivision of the State; or

(III)

any entity represented on the Commission.

(9) Nonapplicability of chapter 10 of title 5

Section 1013(b) of title 5 shall not apply to the Commission.

(10) Termination

The Commission shall terminate 10 years after March 30, 2009.

(f) Study of Hinchliffe Stadium
(1) In general

Not later than 3 fiscal years after the date on which funds are made available to carry out this section, the Secretary shall complete a study regarding the preservation and interpretation of Hinchliffe Stadium, which is listed on the National Register of Historic Places.

(2) Inclusions

The study shall include an assessment of—

(A)

the potential for listing the stadium as a National Historic Landmark; and

(B)

options for maintaining the historic integrity of Hinchliffe Stadium.

(g) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

Source credit: (Pub. L. 111–11, title VII, § 7001, Mar. 30, 2009, 123 Stat. 1183; Pub. L. 113–291, div. B, title XXX, § 3037(a), Dec. 19, 2014, 128 Stat. 3782; Pub. L. 114–289, title VI, § 601(i), Dec. 16, 2016, 130 Stat. 1491; Pub. L. 117–286, § 4(a)(88), Dec. 27, 2022, 136 Stat. 4315.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-11 · 123 Stat. 1183
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3782
  • 2016Amended · Pub. L. 114-289 · 130 Stat. 1491
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4315

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-11 on 2009-03-30.

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