[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3113 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3113

  To convey certain Federal properties on Governors Island, New York.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 22), 2000

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

_______________________________________________________________________

                                 A BILL


 
  To convey certain Federal properties on Governors Island, New York.

    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 ``Governors Island Preservation Act of 
2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) in August 1776, the fortifications at Governors Island, 
        New York, provided cover allowing George Washington's 
        Continental Army to escape a British onslaught during the 
        Battle of Long Island;
            (2) the State of New York, for nominal consideration, ceded 
        control of Governors Island to the Federal Government in 1800 
        to provide for the defense of the United States;
            (3) during the War of 1812, the combined firepower of 
        Castle Williams on Governors Island and the Southwest Battery 
        in Manhattan dissuaded the British from making a direct attack 
        on New York City, which was the largest city in and principal 
        seaport of the United States at the time;
            (4) in 1901, 4,700,000 cubic yards of fill from the 
        excavation of the Lexington Avenue Subway in Manhattan were 
        deposited to increase the area of Governors Island from 90 to 
        172 acres;
            (5) Governors Island played a significant role in the Civil 
        War, World War I, and World War II, and continued to serve the 
        United States Army through 1966;
            (6) in 1958, the United States District Court for the 
        Southern District of New York formally ratified the long 
        possession of Governors Island by the United States through a 
        condemnation proceeding that required ``just compensation'' of 
        $1;
            (7) in 1966, the Army relocated operations from Governors 
        Island, and the United States Coast Guard assumed control of 
        the Island, an action that established an integral component of 
        the Atlantic coast efforts of the Coast Guard for the following 
        30 years;
            (8) the Admiral's House on Governors Island hosted the 
        final summit meeting between President Ronald W. Reagan and 
        Soviet Premier Mikhail S. Gorbachev in December 1988, where the 
        leaders presented each other with the Articles of Ratification 
        for the Intermediate Nuclear Forces Treaty;
            (9) the Coast Guard ceased operations at Governors Island 
        in 1997, leaving 225 buildings unoccupied, unused, and exposed 
        to the harsh elements of New York Harbor;
            (10) Castle Williams is named after Lieutenant Colonel 
        Jonathan Williams, who built the semi-circular ``cheesebox'' 
        fort and later served as the first superintendent of West Point 
        Military Academy;
            (11) the pentagonal Fort Jay, named after John Jay, is the 
        complement of Fort Wood on nearby Bedloe Island, which serves 
        as the base of the Statue of Liberty;
            (12) Castle Williams and Fort Jay, located within the 
        Governors Island National Historic Landmark District, and more 
        than 200 years of contributions to the history of the United 
        States could be lost if Governors Island were to remain vacant 
        or be sold to a private entity;
            (13) Castle Williams and Fort Jay, key elements of the 
        Governors Island National Historic Landmark District, are 
        worthy of continued Federal protection and should be designated 
        a unit of the National Park System; and
            (14) the State of New York and the city of New York have 
        agreed to a plan to be administered by the Governors Island 
        Redevelopment Corporation, a subsidiary of the Empire State 
        Development Corporation, that--
                    (A) offers what may be the only opportunity to 
                ensure--
                            (i) public access to Governors Island;
                            (ii) the preservation and protection of 
                        historic structures on Governors Island for 
                        future generations; and
                            (iii) the ability of local elected 
                        officials, local community boards, and 
                        community organizations to participate in the 
                        redevelopment of Governors Island; and
                    (B) would provide substantial educational and 
                recreational facilities to the public.
    (b) Purposes.--The purposes of this Act are--
            (1) to prevent the deterioration of the historic military 
        buildings on Governors Island in New York Harbor;
            (2) to ensure that Castle Williams and Fort Jay are--
                    (A) retained in Federal ownership;
                    (B) available for the benefit and inspiration of 
                the people of the United States; and
                    (C) afforded protection by the National Park 
                Service as a unit of the National Park System;
            (3) to provide the general public with--
                    (A) access to Governors Island;
                    (B) access to open park space to experience the 
                majestic views of New York Harbor; and
                    (C) opportunities that illustrate the significant 
                contributions of Governors Island to the history of the 
                United States; and
            (4) to return to the people of the State of New York 
        property that the State of New York conveyed to the Federal 
        Government, for nominal consideration, to provide for the 
        defense of the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) City.--The term ``City'' means the City of New York.
            (3) Corporation.--The term ``Corporation'' means Governors 
        Island Redevelopment Corporation, a subsidiary of the Empire 
        State Development Corporation governed by a board to be 
        appointed by the State and the City (or any successor entity).
            (4) Management plan.--The term ``management plan'' means 
        the management plan prepared under section 4(f).
            (5) Monument.--The term ``Monument'' means the Governors 
        Island National Monument established under section 4(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of New York.

SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.

    (a) Establishment.--To preserve for the benefit and inspiration of 
the people of the United States as a national monument certain historic 
structures and associated land located on Governors Island in New York 
Harbor, there is established a unit of the National Park System to be 
known as the ``Governors Island National Monument''.
    (b) Composition.--
            (1) In general.--The Monument shall be comprised of Castle 
        Williams and Fort Jay, as depicted on the map entitled 
        ``Governors Island National Monument Boundary Map'', numbered 
        GOIS ____, and dated ____, 2000.
            (2) Inclusions.--The Monument shall include--
                    (A) the land on which Castle Williams and Fort Jay 
                are situated; and
                    (B) the land between Castle Williams and Fort Jay;
                as depicted on the map described in paragraph (1).
            (3) Availability of map.--The map described in paragraph 
        (1) shall be on file and available for public inspection in the 
        appropriate offices of the National Park Service.
    (c) Transfer.--Not later than 180 days after the date of enactment 
of this Act, as part of the overall disposition of Governors Island, 
the Administrator shall transfer administrative jurisdiction over the 
Monument to the Secretary.
    (d) Rights of Access.--
            (1) Reservation.--As part of the overall disposition of 
        Governors Island, the Administrator, subject to agreement by 
        the Secretary and the Corporation, shall reserve the right of 
        access for the Secretary to the Monument for purposes of 
        operating and maintaining the Monument.
            (2) Utilities.--The provision of and access to utilities to 
        the Monument shall be--
                    (A) determined as part of the disposition of 
                Governors Island in accordance with the public service 
                law of the State of New York; and
                    (B) subject to agreement between the Secretary and 
                the Corporation.
    (e) Administration.--
            (1) In general.--On completion of the transfer under 
        subsection (c), the Monument shall be administered by the 
        Secretary in accordance with--
                    (A) this Act; and
                    (B) laws generally applicable to units of the 
                National Park System, including--
                            (i) 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
                            (ii) the Act entitled ``An Act to provide 
                        for the preservation of historic American 
                        sites, buildings, objects, and antiquities of 
                        national significance, and for other 
                        purposes'', approved August 21, 1935 (16 U.S.C. 
                        461 et seq.).
            (2) Cooperative agreements.--The Secretary, in consultation 
        with the Corporation, may consult, and enter into cooperative 
        agreements, with interested entities and individuals to provide 
        for the preservation, development, interpretation, and use of 
        the Monument.
    (f) Management Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, in consultation with the Corporation and 
        other appropriate public and private entities, the Secretary 
        shall prepare a management plan for the Monument.
            (2) Applicable law.--The Secretary shall prepare the 
        management plan in accordance with--
                    (A) section 12(b) of the Act entitled ``An Act to 
                improve the administration of the national park system 
                by the Secretary of the Interior, and to clarify the 
                authorities applicable to the system, and for other 
                purposes'', approved August 18, 1970 (16 U.S.C. 1a-
                7(b)); and
                    (B) other applicable law.
            (3) Submission.--On completion of the management plan, the 
        Secretary shall submit the management plan to--
                    (A) the Committee on Resources of the House of 
                Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out annual operation 
and maintenance of the Monument.

SEC. 5. CONVEYANCE OF GOVERNORS ISLAND.

    (a) In General.--
            (1) Conveyance.--Notwithstanding section 9101 of the 
        Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670) 
        or any other provision of law, and except as provided in 
        paragraphs (2) and (3), not later than 180 days after the date 
        of enactment of this Act, the Administrator shall convey to the 
        State of New York, for no consideration and for use consistent 
        with sections 2 (a)(14) and (b), all right, title, and interest 
        of the United States in and to Governors Island, to be 
        administered by the Corporation.
            (2) Rights of access.--The conveyance under paragraph 
        (1)(A) shall be subject to the rights of access described in 
        section 4(d).
            (3) Exclusion of monument.--The Monument shall not be 
        included in the conveyance under paragraph (1)(A).
    (b) Use and Redevelopment of Governors Island.--On completion of 
the conveyance under subsection (a)(1)(A), any use of the conveyed land 
shall be consistent with sections 2 (a)(14) and (b) and in compliance 
with--
            (1) the New York State Environmental Quality Review Act 
        (Sections 0101 through 0117 of the Environmental Conservation 
        Law of New York); and
            (2) the document entitled ``Governors Island Preservation 
        and Design Manual''--
                    (A) developed by the Administrator in accordance 
                with--
                            (i) the National Historic Preservation Act 
                        (16 U.S.C. 470 et seq.); and
                            (ii) applicable State and local historic 
                        preservation law; and
                    (B) as approved by the Administrator, State, and 
                City.
                                 <all>