[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4759 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4759

  To ratify the Governors Island National Monument and the boundaries 
                    thereof, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2002

 Mr. Nadler (for himself and Mrs. Maloney of New York) introduced the 
 following bill; which was referred to the Committee on Resources, and 
 in addition to the Committee on Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To ratify the Governors Island National Monument and the boundaries 
                    thereof, 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 ``Governors Island National Monument 
Ratification Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (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) Between 1800 and 1811, Castle Williams and Fort Jay 
        were constructed on Governors Island to anchor the defense of 
        New York Harbor.
            (4) During the War of 1812, the combined firepower of 
        Castle Williams and Fort Jay 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.
            (5) Governors Island, including Castle Williams and Fort 
        Jay, 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, and thereafter the United States Coast Guard 
        until 1997.
            (6) Castle Williams is named after Lieutenant Colonel 
        Jonathan Williams, who built the semicircular ``cheesebox'' 
        fort and later served as the first superintendent of the 
        Military Academy at West Point.
            (7) The pentagonal Fort Jay, named after John Jay, is the 
        complement of Fort Wood on nearby Liberty Island, which serves 
        as the base of the Statue of Liberty.
            (8) In Presidential Proclamation No. 7402 of January 19, 
        2001, former President Clinton established the Governors Island 
        National Monument, consisting of Castle Williams and Fort Jay 
        and certain additional lands, as depicted on the map entitled 
        ``Governors Island National Monument'' attached to the 
        proclamation.
            (9) The Department of Justice has issued an opinion that 
        notwithstanding the Presidential Proclamation, the National 
        Monument could be sold and cease to exist if the rest of 
        Governors Island is conveyed to a party other than the United 
        States pursuant to the Balanced Budget Act of 1997.
            (10) More than 200 years of contributions to the history of 
        the United States, and the important educational and cultural 
        opportunities that Castle Williams and Fort Jay represent, 
        could be lost if the National Monument ceased to exist.
    (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; and
            (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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Island.--The term ``island'' means Governors Island, 
        New York.
            (3) Management entity.--The term ``management entity'' 
        means any person, group, entity, corporation, State or local 
        unit of government, or other organization to whom the 
        Administrator sells or transfers portions of Governors Island 
        excluding the Governors Island National Monument.
            (4) Management plan.--The term ``management plan'' means 
        the management plan required by section 4(d).
            (5) Monument.--The term ``Monument'' means the Governors 
        Island National Monument established by Presidential 
        Proclamation No. 7402 of January 19, 2001 (66 Fed. Reg. 7855), 
        including the building, land, and dock described on the map in 
        section 4(b).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.

    (a) Ratification; Transfer of Administrative Jurisdiction and 
Management.--Notwithstanding section 9101 of the Balanced Budget Act of 
1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law--
            (1) the establishment of the Governors Island National 
        Monument by Presidential Proclamation No. 7402 of January 19, 
        2001 (66 Fed. Reg. 7855), is hereby ratified and the Monument 
        shall not be subject to sale under such section 9101 or 
        otherwise; and
            (2) not later than 180 days after the date of the enactment 
        of this Act, the Administrator shall transfer to the Secretary, 
        for no consideration, administrative jurisdiction over, and 
        management of, the Monument.
    (b) Inclusion of Building, Land, and Dock in Boundary.--The 
boundary of the Governors Island National Monument established by 
Presidential Proclamation 7402 shall include Building 140, its land, 
and Dock 102 as depicted on the map entitled ``Governors Island 
National Monument Boundary Map'', numbered 019/80,001, and dated August 
20, 2001. The map shall be on file and available for inspection in the 
appropriate offices of the National Park Service, Department of the 
Interior.
    (c) Administration.--
            (1) In general.--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 may consult, and 
        enter into cooperative agreements, with the Administrator or 
        any management entity to provide for the preservation, 
        development, interpretation, and use of, and access to, the 
        Monument.
            (3) Interpretive services.--Subject to an agreement with 
        the Administrator or any management entity, the Secretary may 
        provide interpretive services and signage in the Governors 
        Island National Historic Landmark District.
    (d) Management Plan.--
            (1) In general.--Not later than January 19, 2004, the 
        Secretary shall prepare a complete management plan for the 
        Monument in consultation with appropriate public and private 
        entities.
            (2) Applicable law.--The Secretary shall prepare the 
        management plan in accordance with applicable laws, including 
        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)).
            (3) Submission.--On completion of the management plan, the 
        Secretary shall submit a copy of 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.
    (e) Reservations of Rights of Access and Use.--As a condition of 
the Administrator's conveyance of portions of the island to any 
management entity, the Administrator shall reserve rights of access and 
use as follows:
            (1) For the Secretary to the Monument for the preservation, 
        maintenance, and public enjoyment of the Monument.
            (2) For the Secretary of Transportation for the operation 
        and maintenance of aids to navigation located on the island.
            (3) For the Secretary to and for use of utilities related 
        to the Monument in accordance with the public service law of 
        the State of New York.
            (4) For the Secretary to and for sole use of Dock 102 as 
        depicted on the map described in section 4