[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1720 Held at Desk Senate (HDS)]

  2d Session
                                S. 1720

 To establish the Nicodemus National Historic Site and the New Bedford 
                      National Historic Landmark.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 1996

   Mr. Dole (for himself, Mr. Kennedy, and Mr. Kerry) introduced the 
   following bill; which was read twice and ordered held at the desk

_______________________________________________________________________

                                 A BILL


 
 To establish the Nicodemus National Historic Site and the New Bedford 
                      National Historic Landmark.

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

               TITLE I--NICODEMUS NATIONAL HISTORIC SITE

SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the town of Nicodemus, in Kansas, has national 
        significance as the only remaining western town established by 
        African-Americans during the Reconstruction period following 
        the Civil War;
            (2) the town of Nicodemus is symbolic of the pioneer spirit 
        of African-Americans who dared to leave the only region they 
        had been familiar with to seek personal freedom and the 
        opportunity to develop their talents and capabilities; and
            (3) the town of Nicodemus continues to be a viable African-
        American community.
    (b) Purposes.--The purposes of this Act are--
            (1) to preserve, protect, and interpret for the benefit and 
        enjoyment of present and future generations, the remaining 
        structures and locations that represent the history (including 
        the settlement and growth) of the town of Nicodemus, Kansas; 
        and
            (2) to interpret the historical role of the town of 
        Nicodemus in the Reconstruction period in the context of the 
        experience of westward expansion in the United States.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Historic site.--The term ``historic site'' means the 
        Nicodemus National Historic Site established by section 3.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.

    (a) Establishment.--There is established the Nicodemus National 
Historic Site in Nicodemus, Kansas.
    (b) Description.--
            (1) In general.--The historic site shall consist of the 
        First Baptist Church, the St. Francis Hotel, the Nicodemus 
        School District Number 1, the African Methodist Episcopal 
        Church, and the Township Hall located within the approximately 
        161.35 acres designated as the Nicodemus National Landmark in 
        the Township of Nicodemus, Graham County, Kansas, as registered 
        on the National Register of Historic Places pursuant to section 
        101 of the National Historic Preservation Act (16 U.S.C. 470a), 
        and depicted on a map entitled ``Nicodemus National Historic 
        Site'', numbered 80,000 and dated August 1994.
            (2) Map and boundary description.--The map referred to in 
        paragraph (1) and an accompanying boundary description shall be 
        on file and available for public inspection in the office of 
        the Director of the National Park Service and any other office 
        of the National Park Service that the Secretary determines to 
        be an appropriate location for filing the map and boundary 
        description.

SEC. 4. ADMINISTRATION OF THE HISTORIC SITE.

    (a) In General.--The Secretary shall administer the historic site 
in accordance with--
            (1) this Act; and
            (2) 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 (16 U.S.C. 1 et seq.), and the Act of 
        August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et 
        seq.).
    (b) Cooperative Agreements.--To further the purposes specified in 
section 1(b), the Secretary may enter into a cooperative agreement with 
any interested individual, public or private agency, organization, or 
institution.
    (c) Technical and Preservation Assistance.--
            (1) In general.--The Secretary may provide to any eligible 
        person described in paragraph (2) technical assistance for the 
        preservation of historic structures of, the maintenance of the 
        cultural landscape of, and local preservation planning for, the 
        historic site.
            (2) Eligible persons.--The eligible persons described in 
        this paragraph are--
                    (A) an owner of real property within the boundary 
                of the historic site, as described in section 3(b); and
                    (B) any interested individual, agency, 
                organization, or institution that has entered into an 
                agreement with the Secretary pursuant to subsection 
                (b).

SEC. 5. ACQUISITION OF REAL PROPERTY.

    (a) In General.--Subject to subsection (b), the Secretary is 
authorized to acquire by donation, exchange, or purchase with funds 
made available by donation or appropriation, such lands or interests in 
lands as may be necessary to allow for the interpretation, 
preservation, or restoration of the First Baptist Church, the St. 
Francis Hotel, the Nicodemus School District Number 1, the African 
Methodist Episcopal Church, or the Township Hall, as described in 
section 3(b)(1), or any combination thereof.
    (b) Limitations.--
            (1) Acquisition of property owned by the state of kansas.--
        Real property that is owned by the State of Kansas or a 
        political subdivision of the State of Kansas that is acquired 
        pursuant to subsection (a) may only be acquired by donation.
            (2) Consent of owner required.--No real property may be 
        acquired under this section without the consent of the owner of 
        the real property.

SEC. 6. GENERAL MANAGEMENT PLAN.

    (a) In General.--Not later than the last day of the third full 
fiscal year beginning after the date of enactment of this Act, the 
Secretary shall, in consultation with the officials described in 
subsection (b), prepare a general management plan for the historic 
site.
    (b) Consultation.--In preparing the general management plan, the 
Secretary shall consult with an appropriate official of each of the 
following:
            (1) The Nicodemus Historical Society.
            (2) The Kansas Historical Society.
            (3) Appropriate political subdivisions of the State of 
        Kansas that have jurisdiction over all or a portion of the 
        historic site.
    (c) Submission of Plan to Congress.--Upon the completion of the 
general management plan, the Secretary shall submit a copy of the plan 
to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Resources of the House of 
        Representatives.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of the 
Interior such sums as are necessary to carry out this Act.

       TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT

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 unique 
        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 help 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. In case of any 
conflict between the descriptions set forth in subparagraphs (A) 
through (D) and such map, such map shall govern. 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.
    (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) 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) Non-Federal Matching Requirements.--(1) Funds authorized to be 
appropriated to the Secretary for the purposes of--
            (A) cooperative agreements under subsection (b) shall be 
        expended in the ratio of one dollar of Federal funds for each 
        four dollars of funds contributed by non-Federal sources; and
            (B) construction, restoration, and rehabilitation of 
        visitor and interpretive facilities (other than annual 
        operation and maintenance costs) shall be expended in the ratio 
        of one dollar of Federal funds for each one dollar of funds 
        contributed by non-Federal sources.
    (2) 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 property, 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.
    (d) Acquisition of Real Property.--For the purposes of the park, 
the Secretary may acquire only by donation lands, interests in lands, 
and improvements thereon within the park.
    (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 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 as soon as 
practically possible. 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.

    (a) In General.--Except as provided in subsection (b), there are 
authorized to be appropriated such sums as may be necessary to carry 
out annual operations and maintenance with respect to the park.
    (b) Exceptions.--In carrying out this Act--
            (1) not more than $2,000,000 may be appropriated for 
        construction, restoration, and rehabilitation of visitor and 
        interpretive facilities, and directional and visitor 
        orientation signage;
            (2) none of the funds authorized to be appropriated by this 
        Act may be used for the operation or maintenance of the 
        Schooner Ernestina; and
            (3) not more than $50,000 annually of Federal funds may be 
        used for interpretive and educational programs for the Schooner 
        Ernestina pursuant to cooperative grants under section 4(b).
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