[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 608 Reported in Senate (RS)]





                                                       Calendar No. 599

104th CONGRESS

  2d Session

                                 S. 608

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 16, 1996

                        Reported with amendments





                                                       Calendar No. 599
104th CONGRESS
  2d Session
                                 S. 608

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 1995

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

                           September 16, 1996

               Reported by Mr. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 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; <DELETED>and
        <DELETED>    (4) the National Park System presently contains no 
        sites commemorating whaling and its contribution to American 
        history.</DELETED>
            (4) during the nineteenth century, over two thousand 
        whaling voyages sailed out of New Bedford for the Arctic region 
        of Alaska, and joined Alaska Natives from Barrow, Alaska and 
        other areas in the Arctic region in subsistence whaling 
        activities; and
            (5) 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 
        <DELETED>local </DELETED>associated 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.
    (c) Related Facilities.--To ensure that the contribution of Alaska 
Natives to the history of whaling in the United States is fully 
recognized, the Secretary shall provide--(1) financial and other 
assistance to establish links between the New Bedford Whaling National 
Historical Park and the North Slope Borough Cultural Center, located in 
Barrow, Alaska; and (2) to provide other appropriate assistance and 
funding for the North Slope Borough Cultural Center.

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 
<DELETED>park. </DELETED>park, and to carry out the activities under 
section 3(c).
    (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).