[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1785 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1785

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 1996

Mr. Kennedy (for himself and Mr. Kerry) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To establish in the Department of the Interior the Essex National 
           Heritage Area 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. SHORT TITLE.

    This Act may be cited as the ``Essex National Heritage Area Act of 
1996''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) Essex County, Massachusetts, was host to a series of 
        historic events that influenced the course of the early 
        settlement of the United States, its emergence as a maritime 
        power, and its subsequent industrial development;
            (2) the North Shore of Essex County and the Merrimack River 
        valley in Essex County contain examples of significant early 
        American architecture and significant Federal-period 
        architecture, many sites and buildings associated with the 
        establishment of the maritime trade in the United States, the 
        site of the witchcraft trials of 1692, the birthplace of 
        successful iron manufacture, and the establishment of the 
        textile and leather industries in and around the cities of 
        Peabody, Beverly, Lynn, Lawrence, and Haverhill;
            (3) Salem, Massachusetts, has a rich heritage as one of the 
        earliest landing sites of the English colonists, the first 
        major world harbor for the United States, and an early thriving 
        hub of American industries;
            (4) the Saugus Iron Works National Historic Site is the 
        site of the first sustained, integrated iron works in Colonial 
        America, and the technology employed at the Iron Works was 
        dispersed throughout the Colonies and was critical to the 
        development of industry and technology in America;
            (5) the Salem Maritime National Historic Site contains 
        nationally significant resources that explain the manner in 
        which the Nation was settled, its evolution into a maritime 
        power, and its development as a major industrial force;
            (6) the story told at the Salem Maritime and Saugus Iron 
        Works National Historic Sites would be greatly enhanced through 
        the interpretation of significant theme-related resources in 
        Salem and Saugus and throughout Essex County;
            (7) 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, preservation, 
        and economic development through tourism;
            (8) a visitors' center that has already been constructed at 
        Salem Maritime National Historic Site in Salem, Massachusetts, 
        will be available to interpret the themes of the Essex National 
        Heritage Area established by this Act and to coordinate the 
        interpretive and preservation activities of the Area; and
            (9) the resident and business communities of the region 
        have formed the Essex Heritage Ad Hoc Commission for the 
        preservation, interpretation, promotion, and development of the 
        historic, cultural, and natural resources of the region and are 
        investing significant private funds and energy to develop a 
        plan to preserve the nationally significant resources of Essex 
        County.
    (b) Purpose.--It is the purpose of this Act--
            (1) to establish the Essex National Heritage Area and the 
        Essex National National Heritage Area 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 encompass the three primary themes of the 
        Salem Maritime National Historic Site and Saugus Iron Works 
        National Historic Site (the histories of early settlement, 
        maritime trade, and the textile and leather industries);
            (2) to implement the appropriate alternative as described 
        in the document entitled ``The Salem Project: A Study of 
        Alternatives'', dated January 1990, within the boundaries of 
        Essex County; 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 Essex National 
Heritage Area.

SEC. 3. DEFINITIONS.

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

                 TITLE I--ESSEX NATIONAL HERITAGE AREA

SEC. 101. DESIGNATION OF NATIONAL HERITAGE AREA.

    (a) Designation.--For the purpose of preserving and interpreting, 
for the educational and inspirational benefit of present and future 
generations, the unique and 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 National Heritage 
Area.
    (b) Boundaries.--The Area shall comprise the lands generally 
depicted on the map numbered NAR-51-80,000 and dated August 1994. The 
map shall be on file and available for public inspection in the office 
of the Director of the National Park Service.
    (c) Administration.--The Area shall be administered in accordance 
with the provisions of this Act.

           TITLE II--ESSEX NATIONAL HERITAGE AREA 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 National 
Heritage Area Commission. The Commission shall exercise the 
responsibilities and authorities conferred on the Commission by this 
title with respect to the Area. The Commission shall consist of 33 
members (including ex officio members), appointed by the Secretary, as 
follows:
            (1) Five 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 
        Management, one shall represent the Massachusetts Executive 
        Office of Transportation and Highways, one shall represent the 
        Executive Office of Administration and Finance, and one shall 
        represent the Executive Office of Communities and Development.
            (2) Eleven members representing the interests of local 
        government, appointed from recommendations submitted as 
        follows:
                    (A) One each from recommendations submitted by the 
                mayors of the cities of Peabody, Salem, Lynn, Lawrence, 
                Haverhill, Newburyport, Beverly, and Gloucester.
                    (B) Three representing the towns of Essex County, 
                from recommendations submitted by the Essex County 
                Advisory Board.
            (3) Eight members representing local business, nonprofit 
        organizations, and other nongovernmental groups, appointed from 
        recommendations submitted as follows:
                    (A) Two from recommendations submitted by the Salem 
                Partnership.
                    (B) One each from recommendations submitted by the 
                Lynn Business Partnership, the Greater Haverhill 
                Chamber of Commerce, the Cape Ann Chamber of Commerce, 
                the Merrimack Valley Chamber of Commerce, the North 
                Shore Chamber of Commerce, and the Society for the 
                Preservation of New England Antiquities.
            (4) Three members representing nonprofit organizations 
        which have significant interests and resources located in the 
        Area, from recommendations submitted as follows:
                    (A) One from recommendations submitted by the 
                Peabody Essex Museum, to represent the interests of 
                major museums.
                    (B) One from recommendations submitted by the Essex 
                County Greenbelt Association, to represent the 
                interests of the natural resources of the Area.
                    (C) One from recommendations submitted 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 National 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) One member recommended by the Representative to the 
        Congress from the Fifth Congressional District of 
        Massachusetts.
            (7) Two members recommended by the Representative to the 
        Congress from the Sixth Congressional District of 
        Massachusetts.
    (b) Terms.--The term of appointed members of the Commission shall 
be 3 years, except as provided in subsection (d).
    (c) Chairperson.--The Commission shall elect a chairperson from 
among its members. The term of office 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. The term of any 
member appointed to fill a vacancy shall be 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 the call of the 
chairperson or a majority of its members, but not less than quarterly.
    (g) Compensation.--Members of the Commission shall serve without 
compensation, except as otherwise provided in this subsection. Members 
of the Commission may receive travel expenses (including per diem in 
lieu of subsistence) when engaged in Commission business, in accordance 
with section 5703, title 5, United States Code, 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 51 of title 5, United States Code, and subchapter III 
        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 the services.
    (d) Administrative Support.--The Administrator of the General 
Services Administration shall provide to the Commission 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 Act 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 this section.
    (d) Technical Advisory Groups.--The Commission may establish and 
appoint one or more technical advisory groups and subcommittees to 
provide technical advice to the Commission with respect to issues 
including, but not limited to, financing, historic preservation, 
natural resource preservation, recreation, tourism, or 
intergovernmental coordination.
    (e) Gifts.--Notwithstanding any other provision of law, the 
Commission may seek, accept, and dispose of donations of funds, 
property, or services from individuals, from 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, including a 
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 Area only 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 Area.
    (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 Commonwealth of 
Massachusetts, any political subdivision of the Commonwealth, or 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 with respect to the 
        Area;
            (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 standards regarding interpretive 
        methods), that will further the recognition, preservation, 
        promotion, interpretation, and economic revitalization of the 
        historic and natural resources in the Area;
            (3) provide advice and assistance in preparation of loan or 
        grant applications to the Commission and applications for loan 
        or grants from Federal or non-Federal sources in furtherance of 
        the purpose of this Act;
            (4) make loans and grants, from funds appropriated for that 
        purpose or 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 
Area; and
            (5) implement the study report prepared by the Essex 
        Heritage Ad-Hoc Commission.
    (b) Annual Reports.--
            (1) Reports by commission.--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 
        by the Commission during the year for which the report is made.
            (2) Reports by secretary.--The Secretary shall submit an 
        annual report to the Congress describing the loans, grants, and 
        technical assistance provided under this Act. The 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 year the 
        report concerns to preserve, protect, and interpret the 
        significant sites, buildings, and objects within the Area. The 
        report shall describe the anticipated funds and personnel to be 
        made available by the Secretary during the fiscal year 
        following the year the report concerns 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 after the date of the enactment of 
this Act, the Commission shall submit to the appropriate committees of 
the Congress detailed cost estimates for the projects for which, at the 
time the report is submitted, the Commission has made, has agreed to 
make, or plans to make a grant or loan under this Act.

SEC. 205. DUTIES OF THE SECRETARY.

    (a) In General.--To carry out the purpose of this Act, the 
Secretary shall assist the Commission in preparing such studies and 
plans as the Secretary considers appropriate and in implementing the 
recommendations contained in study report prepared by the Essex 
Heritage Ad-Hoc Commission. 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 Area for the 
purpose of facilitating public use and enjoyment of such resources or 
to otherwise further the objectives of the Commission. Any such 
agreement 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 exhibits or attending programs or 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 of the resources, or to render 
        such property usable by the Secretary, the Commission, or any 
        person for the purpose of this Act; and
            (3) the Secretary may occupy, utilize, and acquire 
        easements or leasehold interests in resources as required to 
        implement the programs and purpose 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 Area, to the Commonwealth of Massachusetts, to the City of 
Salem and other participating municipalities, to any other Federal or 
State entity, to any institution, or to any person such technical 
assistance as the Secretary considers appropriate to carry out the 
purpose of this Act.

SEC. 206. EXPIRATION.

    (a) In General.--The Commission shall cease to exist 10 years after 
the date of the enactment of this Act.
    (b) Successor Entity.--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 Area upon the expiration of the Commission.
    (c) Property or Funds Remaining.--Any property or funds of the 
Commission remaining upon the expiration of the Commission shall be 
transferred to the nonprofit management entity referred to in 
subsection (b), if such an entity exists and is willing to accept the 
transfer. If such an entity does not exist or is not willing to accept 
such transfer, the property or funds referred to in the preceding 
sentence shall be transferred to the Treasury of the United States, to 
a State or local government agency, or to any combination thereof, as 
determined by the Commission or, if the Commission fails to so 
determine and such an entity exists, by the nonprofit management entity 
referred to in subsection (b).

SEC. 207. PRIVATE PROPERTY.

    No privately owned property shall be included within the boundaries 
of the Area unless the government of the county, city, or town in which 
the property is located agrees to be so included and submits 
notification of such agreement to the Secretary.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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