[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1685 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1685

   To establish in the Department of the Interior the Essex Heritage 
              District Commission, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 1993

 Mr. Torkildsen (for himself and Mr. Meehan) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To establish in the Department of the Interior the Essex Heritage 
              District Commission, and for other purposes.

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

SECTION 1. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) Essex County, Massachusetts was host to a series of 
        historic events that profoundly influenced the course of the 
        early settlement of the United States of America, its emergence 
        as a maritime power and its subsequent industrial development;
            (2) Essex County's North Shore and Merrimack River valley 
        contain many sites and buildings associated with the 
        establishment of the maritime trade in the United States of 
        America, more examples of nationally significant first-period 
        architecture than any place else in the Nation, significant 
        Federal period architecture, the site of the witchcraft trials 
        of 1692, and the establishment of the textile and leather 
        industries in and around the cities of Peabody, Beverly, 
        Lawrence and Haverhill;
            (3) Salem, Massachusetts has an uncommonly rich heritage as 
        one of the earliest landing sites of the English colonists, the 
        first major world harbor for the United States of America, and 
        a thriving hub of American industries;
            (4) the Salem Maritime Historic Site contains nationally 
        significant resources that explain how this Nation was settled, 
        its evolution into a maritime power, and its development as a 
        major industrial force, and the story told at Salem National 
        Historic Site would be greatly enhanced through the 
        interpretation of significant theme related resources 
        throughout Essex County;
            (5) partnerships between the private and public sectors 
        have been created and additional partnerships will be 
        encouraged to preserve the rich cultural heritage of the 
        region, which will stimulate cultural awareness and 
        preservation and economic development through tourism; and
            (6) the residents and business community of the region have 
        formed the Essex Heritage Ad Hoc Commission for the 
        preservation, interpretation, promotion, and development of 
        historic, cultural and natural resources of the area and are 
        investing significant private funds and energy to develop a 
        plan to preserve Essex County's nationally significant 
        resources.
    (b) Purpose.--In furtherance of the findings set forth in 
subsection (a), it is the purpose of this Act--
            (1) to establish the Essex Heritage District and the Essex 
        Heritage District Commission representing all concerned levels 
        of government to recognize, preserve, promote, interpret, and 
        make available for the benefit of the public the historic, 
        cultural, and natural resources of the North Shore and lower 
        Merrimack River valley in Essex County, Massachusetts, which 
        encompasses the three primary themes of and associated with 
        Salem Maritime National Historic Site, including the histories 
        of early settlement, maritime trade, and textile and leather 
        industries;
            (2) to implement, as appropriate, Preservation and 
        Interpretation Alternative 4, Countrywide/All Themes/Secondary 
        Centers in Lawrence and Haverhill, and to implement Management 
        Alternative 3, Federal Commission contained in the document 
        entitled ``The Salem Project: A Study of Alternatives'' dated 
        January 1990, within the boundaries of the Salem Project, as 
        generally depicted on a map which is numbered DSC/373/40017A 
        and dated October 1989; and
            (3) to provide a management framework to assist the 
        Commonwealth of Massachusetts and its units of local government 
        in the development and implementation of an integrated 
        cultural, historical, and land resource management program in 
        order to retain, enhance, and interpret the significant values 
        of the lands, waters, and structures located in the District.

SEC. 2. DEFINITIONS.

    For the purposes of the Act--
            (1) The term ``Commission'' means the Essex Heritage 
        District Commission established by section 201.
            (2) The term ``District'' means the Essex Heritage District 
        established by section 101.
            (3) The term ``Secretary'' means the Secretary of the 
        Interior.

                    TITLE I--ESSEX HERITAGE DISTRICT

SEC. 101. DESIGNATION OF DISTRICT.

    (a) Designation.--For the purpose of preserving and interpreting 
for the educational and inspirational benefit of present and future 
generations the unique significant contributions to our national 
heritage of certain historic and cultural lands, natural waterways and 
structures within the County of Essex in the Commonwealth of 
Massachusetts, there is hereby established the Essex Heritage District.
    (b) Boundaries.--The boundaries of the District shall include those 
lands generally depicted on a map numbered DSC/373/40017A and dated 
October 1989. The map shall be on file and available for public 
inspection in the office of the Department of the Interior in 
Washington, District of Columbia, and the Massachusetts Department of 
Environmental Management.
    (c) Administration.--The District shall be administered in 
accordance with the provisions of this Act.

              TITLE II--ESSEX HERITAGE DISTRICT COMMISSION

SEC. 201. ESTABLISHMENT.

    (a) In General.--To carry out the purpose of this Act there is 
hereby established in the Department of the Interior the Essex Heritage 
District Commission. The Commission shall exercise the responsibilities 
and authorities conferred on the Commission by this title with respect 
to the District. The Commission shall consist of 33 members (including 
ex officio members), appointed by the Secretary, as follows:
            (1) Four members appointed from recommendations submitted 
        by the Governor of Massachusetts of which one shall represent 
        the interests of the Massachusetts Historical Commission, one 
        shall represent the Executive Office of Environmental Affairs, 
        one shall represent the Massachusetts Executive Office of 
        Transportation and Construction/Massachusetts Highways 
        Department, and one shall represent the Massachusetts 
        Department of Economic Affairs.
            (2) Eleven members representing the local interests of 
        local government, appointed from recommendations as follows: 
        one each submitted by the mayors of the cities of Peabody, 
        Salem, Lynn, Lawrence, Haverhill, Newburyport, Beverly and 
        Gloucester, and three representing the towns of Essex County 
        submitted by the Essex County Commission.
            (3) Eight members representing local business, nonprofit 
        organizations, and other nongovernmental groups appointed from 
        recommendations submitted as follows: two shall be appointed 
        from recommendations by the Salem Partnership, one each from 
        the recommendations of the Lynn Partnership, the Haverhill 
        Partnership, the Gloucester Chamber of Commerce (until such 
        time as the Gloucester Partnership is incorporated), the 
        Lawrence Chamber of Commerce, one from the North Shore Chamber 
        of Commerce and one from the Society for the Preservation of 
        New England Antiquities.
            (4) Three members representing nonprofit organizations with 
        significant interests and resources located in the District of 
        which one shall be recommended by the Peabody and Essex Museum 
        to represent the interests of major museums, one shall be 
        recommended by the Essex County Greenbelt Association to 
        represent the interests of the natural resources of the 
        District, and one shall be recommended by the President of 
        Salem State College to represent the interests of institutions 
        of higher education.
            (5) The Director of the National Park Service, ex officio, 
        or the delegate of the Director, the superintendent of the 
        Salem Maritime Historic Site, ex officio, or the delegate of 
        the superintendent, and the superintendent of the Saugus 
        Ironworks National Historic Site, ex officio, or the delegate 
        of the superintendent.
            (6) Two members recommended by the Representative in 
        Congress from the Fifth Congressional District.
            (7) Two members recommended by the Representative in 
        Congress from the Sixth Congressional District.
    (b) Terms.--The term of appointed members of the Commission shall 
be 3 years.
    (c) Chairperson.--The Commission shall elect a chairman or 
chairwoman from among its members. The term of the chairperson shall be 
2 years.
    (d) Vacancy.--Any member of the Commission appointed for a definite 
term may serve after the expiration of his term until his successor is 
appointed. Any vacancy in the Commission shall be filled in the same 
manner in which the original appointment was made. Any member appointed 
to fill a vacancy shall serve for the remainder of the term for which 
the member's predecessor was appointed.
    (e) Quorum.--A simple majority of Commission members shall 
constitute a quorum.
    (f) Meetings.--The Commission shall meet at least quarterly or at 
the call of the chairman or a majority of its members.
    (g) Compensation.--Members of the Commission shall serve without 
compensation as such. Members shall be entitled to travel expenses 
under section 5703, title 5, United States Code, when engaged in 
Commission business, including per diem in lieu of subsistence in the 
same manner as persons employed intermittently.

SEC. 202. STAFF OF THE COMMISSION.

    (a) Staff.--(1) The Commission shall have the power to appoint and 
fix the compensation of such staff as may be necessary to carry out its 
duties.
    (2) Staff appointed by the Commission--
            (A) shall be appointed subject to the provisions of title 
        5, United States Code, governing appointments in the 
        competitive services; and
            (B) shall be paid in accordance with the provisions of 
        chapter 53 of such title relating to classification and General 
        Schedule pay rates.
    (b) Experts and Consultants.--Subject to such rules as may be 
adopted by the Commission, the Commission may procure services of 
experts and consultants to the same extent as is authorized by section 
3109(b) of title 5, United States Code, but at rates determined by the 
Commission to be reasonable.
    (c) Staff and Other Agencies.--(1) Upon request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of such agency to the Commission to assist the 
Commission in carrying out the Commission's duties.
    (2) The Commission may accept the services of personnel detailed 
from the Commonwealth of Massachusetts (and any political subdivision 
thereof) and may reimburse the commonwealth or political subdivision 
for those services.
    (d) Administrative Support.--The Administrator of the General 
Services Administration shall provide such administrative support 
services as the Commission may request, on a reimbursable basis.

SEC. 203. POWERS OF THE COMMISSION.

    (a) In General.--The Commission may for the purpose of carrying out 
this title hold such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence, as the Commission may 
deem advisable.
    (b) Bylaws.--The Commission may make such bylaws, rules and 
regulations, consistent with this Act, as it considers necessary to 
carry out its functions under this title.
    (c) Delegation.--When so authorized by the Commission, any member 
or agent of the Commission may take any action which the Commission is 
authorized to take by the section.
    (d) Technical Advisory Groups.--The Commission may establish and 
appoint one or more technical advisory groups and subcommittees to 
provide technical advice in financing, historic preservation, natural 
resource preservation, recreation, tourism, and intergovernmental 
coordination.
    (e) Gifts.--Notwithstanding any other provision of law, the 
Commission may seek and accept, and dispose of donations of funds, 
property, or services from individuals, foundations, corporations, and 
other private entities and from public entities, for the purpose of 
carrying out its duties.
    (f) Funds From Other Sources.--The Commission 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.
    (g) Mail.--The Commission may use the United States mails in the 
same manner and upon the same conditions as other departments and 
agencies of the United States.
    (h) Obtaining Property, Facilities and Services.--The Commission 
may obtain by purchase, rental, donation or otherwise, such property, 
facilities, and services as may be needed to carry out its duties. The 
Commission may acquire real property, or interests in real property, in 
the District by gift, by rental or by purchase from a willing seller 
with money which was given, bequeathed or appropriated to the 
Commission on the condition that such money would be used to purchase 
real property, or interests in real property in the District.
    (i) Advisory Groups.--The Commission may establish such advisory 
groups as the Commission deems necessary to ensure open communication 
with, and assistance from, the Commonwealth of Massachusetts, political 
subdivisions of the Commonwealth of Massachusetts, and interested 
persons.
    (j) Cooperative Agreements.--The Commission may enter into 
cooperative agreements with the Secretary, the State of Massachusetts, 
with any political subdivision of the State or with any person.

SEC. 204. FUNCTIONS OF THE COMMISSION.

    (a) In General.--The Commission is authorized to--
            (1) coordinate activities of and establish cooperative 
        agreements with Federal, State, and local governments and 
        private businesses and organizations in order to further 
        historic preservation, cultural conservation, natural area 
        protection and compatible revitalization;
            (2) establish guidelines and standards for projects and 
        prepare programs and exhibits, consistent with standards 
        established by the National Park Service for preservation of 
        historic properties including interpretive methods, that will 
        further the recognition, preservation, promotion, 
        interpretation and economic revitalization of the historic and 
        natural resources in the District;
            (3) provide advice and assistance in preparation of loan or 
        grant applications to the Commission and applications for loan 
        or grants from the Federal or non-Federal sources in 
        furtherance of the purposes of this title;
            (4) make loans and grants, from funds appropriated for that 
        purpose from funds donated or otherwise made available to the 
        Commission, for the purpose of conserving and protecting sites, 
        buildings, resources and objects which are included or eligible 
        for inclusion on the National Register of Historic Places or 
        for the purposes of providing educational and cultural programs 
        which encourage appreciation of the resources of the District; 
        and
            (5) prepare and implement a study report which shall 
        incorporate in whole or in part the plan prepared by the Essex 
        Heritage Ad Hoc Commission and shall present a unified historic 
        preservation and interpretive plan for the District. The report 
        shall include an analysis of the methods and means of 
        inventorying, preserving, and interpreting the historical, 
        cultural and natural resources of the District along with 
        recommendations concerning utilization of these resources and 
        coordination of activities within the District.
    (b) Annual Reports.--The Commission shall submit an annual report 
to the Secretary setting forth its expenses and income and the entities 
to which any loans and grants were made during the year for which the 
report is made. The Secretary shall submit an annual report to the 
Congress describing the loans, grants, and technical assistance 
provided under this Act. Such report shall specify the amount, 
recipient, and purpose of any loan, grant, or technical assistance so 
provided, and shall include an analysis of the adequacy of actions 
taken during the previous year to preserve, protect, and interpret the 
significant sites, buildings and objects within the area; as well as 
the anticipated funds and personnel to be made available by the 
Secretary during the next fiscal year to implement the provisions of 
this Act.
    (c) Cost Estimates.--Prior to making any grant or loan the 
Commission shall require detailed cost estimates to be prepared for the 
project to be funded. Within 1 year from the date of enactment, the 
Commission shall submit to the appropriate committees of the Congress 
detailed cost estimates for the projects identified in the action plan 
referred to in section 204(a)(5).

SEC. 205. DUTIES OF THE SECRETARY.

    (a) In General.--To carry out the purposes of this Act, the 
Secretary shall assist the Commission in preparing the study report 
referred to in section 204(a)(5) and in implementing its 
recommendations. The Secretary is authorized to enter into agreements 
with the Commission or with any owner of property with national, 
historic or cultural significance within the District for the purpose 
of facilitating public use and enjoyment of such resources or to 
otherwise further the objectives of the Commission. Such agreements 
shall provide whenever appropriate that--
            (1) the public may have access to such resources at 
        specified, reasonable times for the purpose of viewing the 
        property or the exhibits or attending programs or the other 
        activities as may be appropriate;
            (2) the Secretary may make improvements to such resources 
        as the Commission or the Secretary deem necessary to enhance 
        the public use and enjoyment, or to render such property usable 
        by the Secretary, the Commission or any person for the purposes 
        established by this Act; and
            (3) the Secretary may occupy, utilize, acquire easements or 
        leasehold interests in such resources as required to implement 
        the programs and purposes of this Act.
    (b) Technical Assistance.--The Secretary shall provide, upon 
request, technical assistance to the Commission to assist the 
Commission in the performance of its powers and functions as authorized 
under this Act. The Secretary may provide to any owner of property 
within the District, to the Commonwealth of Massachusetts, to the City 
of Salem and other participating municipalities, or to any other 
Federal or State entity, or to any institution, or to any person such 
technical assistance as the Secretary considers appropriate to carry 
out the purposes of this Act.

SEC. 206. EXPIRATION.

    The Commission shall cease to exist 10 years after the date of 
enactment of this Act. The Commission shall assist, if appropriate, in 
the establishment of a nonprofit management entity, exempt from income 
taxes under section 501(c)(3) of the Internal Revenue Code of 1986, to 
continue as necessary the functions of the Commission and the 
management of the District upon the expiration of the Commission. Any 
property or funds of the Commission remaining upon the expiration of 
the Commission to this private nonprofit organization, or to the United 
States, as a State or local government agency, or to any combination of 
the foregoing.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated to the Commission 
such funds as may be necessary to carry out the purposes of this title.

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HR 1685 IH----2