[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3898 Reported in House (RH)]

                                                 Union Calendar No. 349

103d CONGRESS

  2d Session

                               H. R. 3898

                          [Report No. 103-643]

_______________________________________________________________________

                                 A BILL

 To establish the New Bedford Whaling National Historical Park in New 
            Bedford, Massachusetts, and for other purposes.

_______________________________________________________________________

                             August 1, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 349
103d CONGRESS
  2d Session
                                H. R. 3898

                          [Report No. 103-643]

 To establish the New Bedford Whaling National Historical Park in New 
            Bedford, Massachusetts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1994

 Mr. Frank of Massachusetts (for himself, Mr. Moakley, Mr. Markey, Mr. 
Studds, Mr. Blute, Mr. Kennedy, Mr. Torkildsen, Mr. Meehan, Mr. Neal of 
    Massachusetts, Mr. Olver, and Mr. Faleomavaega) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

                             August 1, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 24, 1994]

_______________________________________________________________________

                                 A BILL


 
 To establish the New Bedford Whaling National Historical Park in New 
            Bedford, Massachusetts, 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 PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the New Bedford National Historic Landmark District and 
        associated historic sites as described in section 3(b) of this 
        Act, including the Schooner Ernestina, are National Historic 
        Landmarks and are listed on the National Register of Historic 
        Places as historic sites associated with the history of whaling 
        in the United States;
            (2) the city of New Bedford was the 19th century capital of 
        the world's whaling industry and retains significant 
        architectural features, archival materials, and museum 
        collections illustrative of this period;
            (3) New Bedford's historic resources provide opportunities 
        for illustrating and interpreting the whaling industry's 
        contribution to the economic, social, and environmental history 
        of the United States and provide opportunities for public use 
        and enjoyment; and
            (4) the National Park System presently contains no sites 
        commemorating whaling and its contribution to American history.
    (b) Purposes.--The purposes of this Act are--
            (1) to preserve, protect, and interpret the resources 
        within the areas described in section 3(b) of this Act, 
        including architecture, setting, and associated archival and 
        museum collections;
            (2) to collaborate with the city of New Bedford and with 
        local historical, cultural, and preservation organizations to 
        further the purposes of the park established under this Act; 
        and
            (3) to provide opportunities for the inspirational benefit 
        and education of the American people.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``park'' means the New Bedford Whaling 
        National Historical Park established by section 3.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.

    (a) Establishment.--In order to preserve for the benefit and 
inspiration of the people of the United States as a national historical 
park certain districts, structures, and relics located in New Bedford, 
Massachusetts, and associated with the history of whaling and related 
social and economic themes in America, there is established the New 
Bedford Whaling National Historical Park.
    (b) Boundaries.--(1) The boundaries of the park shall be those 
generally depicted on the map numbered NAR-P49-80000-4 and dated June 
1994. Such map shall be on file and available for public inspection in 
the appropriate offices of the National Park Service. The park shall 
include the following:
            (A) The area included within the New Bedford National 
        Historic Landmark District, known as the Bedford Landing 
        Waterfront Historic District, as listed within the National 
        Register of Historic Places and in the Massachusetts State 
        Register of Historic Places.
            (B) The National Historic Landmark Schooner Ernestina, with 
        its home port in New Bedford.
            (C) The land along the eastern boundary of the New Bedford 
        National Historic Landmark District over to the east side of 
        MacArthur Drive from the Route 6 overpass on the north to an 
        extension of School Street on the south.
            (D) The land north of Elm Street in New Bedford, bounded by 
        Acushnet Avenue on the west, Route 6 (ramps) on the north, 
        MacArthur Drive on the east, and Elm Street on the south.
In case of any conflict between the descriptions set forth in 
subparagraphs (A) through (D) and the map referred to in this 
subsection, the map shall govern.
    (2) In addition to the sites, areas and relics referred to in 
paragraph (1), the Secretary may assist in the interpretation and 
preservation of each of the following:
            (A) The southwest corner of the State Pier.
            (B) Waterfront Park, immediately south of land adjacent to 
        the State Pier.
            (C) The Rotch-Jones-Duff House and Garden Museum, located 
        at 396 County Street.
            (D) The Wharfinger Building, located on Piers 3 and 4.
            (E) The Bourne Counting House, located on Merrill's Wharf.

SEC. 4. ADMINISTRATION OF PARK.

    (a) In General.--The park shall be administered by the Secretary in 
accordance with this Act and the provisions of law generally applicable 
to units of the national park system, including the Act entitled ``An 
Act to establish a National Park Service, and for other purposes'', 
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and 
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
    (b) Cooperative Agreements.--(1) The Secretary may consult and 
enter into cooperative agreements with interested entities and 
individuals to provide for the preservation, development, 
interpretation, and use of the park.
    (2) Funds authorized to be appropriated to the Secretary for the 
purposes of this subsection shall be expended in the ratio of one 
dollar of Federal funds for each dollar of funds contributed by non-
Federal sources. For the purposes of this subsection, the Secretary is 
authorized to accept from non-Federal sources, and to utilize for 
purposes of this Act, any money so contributed. With the approval of 
the Secretary, any donation of land, services, or goods from a non-
Federal source may be considered as a contribution of funds from a non-
Federal source for the purposes of this subsection.
    (3) Any payment made by the Secretary pursuant to a cooperative 
agreement under this subsection shall be subject to an agreement that 
conversion, use, or disposal of the project so assisted for purposes 
contrary to the purposes of this Act, as determined by the Secretary, 
shall result in a right of the United States to reimbursement of all 
funds made available to such project or the proportion of the increased 
value of the project attributable to such funds as determined at the 
time of such conversion, use, or disposal, whichever is greater.
    (c) Limitation on Funds.--Funds authorized to be appropriated to 
the Secretary for operation and maintenance of the schooner Ernestina 
may not exceed 50 percent of the total costs of such operation and 
maintenance and may not exceed $300,000 annually.
    (d) Acquisition of Real Property.--The Secretary may acquire, for 
the purposes of the park, by donation, exchange, lease or purchase with 
donated or appropriated funds, lands, interests in lands, and 
improvements thereon within the park except that (1) lands, and 
interests in lands, within the boundaries of the park which are owned 
by the State of Massachusetts or any political subdivision thereof, may 
be acquired only by donation, and (2) lands, and interests in lands, 
within the boundaries of the park which are not owned by the State of 
Massachusetts or any political subdivision thereof may be acquired only 
with the consent of the owner thereof unless the Secretary determines, 
after written notice to the owner and after opportunity for comment, 
that the property is being developed, or proposed to be developed, in a 
manner which is detrimental to the integrity of the park or which is 
otherwise incompatible with the purposes of this Act.
    (e) Other Property, Funds, and Services.--The Secretary may accept 
donated funds, property, and services to carry out this Act.

SEC. 5. GENERAL MANAGEMENT PLAN.

    Not later than the end of the second fiscal year beginning after 
the date of enactment of this Act, the Secretary shall submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a general 
management plan for the park and shall implement such plan. The plan 
shall be prepared in accordance with section 12(b) of the Act of August 
18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act, but not more than $10,400,000 is 
authorized to be appropriated for construction, acquisition, 
restoration, and rehabilitation of visitor and interpretative 
facilities.