[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 689 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 689

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2001

  Mr. Schumer (for himself and Mrs. Clinton) 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 
2001''.

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) 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, 
        as depicted on the map entitled ``Governors Island National 
        Monument'' attached to the proclamation;
            (13) 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; and
            (14) the State of New York and the city of New York have 
        agreed to a conceptual 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) provides the public with educational, 
                recreational, and cultural opportunities.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the protection of historic military 
        structures on Governors Island in New York Harbor;
            (2) to provide the general public with--
                    (A) access to Governors Island and the Governors 
                Island National Monument;
                    (B) access to open park space and recreational 
                resources;
                    (C) access to the majestic views of New York 
                Harbor; and
                    (D) opportunities that illustrate the significant 
                contributions of Governors Island to the history of the 
                United States;
            (3) 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; and
            (4) to ensure that the Secretary retains the rights 
        necessary to operate the Governors Island National Monument.

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(c).
            (5) Monument.--The term ``Monument'' means the Governors 
        Island National Monument established by Presidential 
        Proclamation 7402 of January 19, 2001 (66 Fed. Reg. 7855).
            (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) 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, not later 
than 180 days after the date of enactment of this Act, the 
Administrator shall transfer to the Secretary, for no consideration, 
administrative jurisdiction over, and management of, the Monument.
    (b) 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, 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.
            (3) Interpretive services.--Subject to agreement of the 
        Corporation, the Secretary may provide interpretive services 
        and signage in the Governors Island National Historic Landmark 
        District.
    (c) Management Plan.--
            (1) In general.--Not later than 3 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.
    (d) Reservations.--
            (1) Right of access.--As a condition of the conveyance 
        under section 5, the Administrator shall reserve the right of 
        access--
                    (A) for the Secretary to the Monument for the 
                preservation, maintenance, and public enjoyment of the 
                Monument; and
                    (B) for the Secretary of Transportation for the 
                operation and maintenance of aids to navigation located 
                on Governors Island.
            (2) Utilities.--The provision of and access to utilities to 
        the Monument shall be a condition of the conveyance under 
        section 5--
                    (A) in accordance with the public service law of 
                the State; and
                    (B) subject to an agreement between the Secretary 
                and the Corporation.
            (3) Maintenance facility.--As a condition of the conveyance 
        under section 5, the Administrator shall reserve for the 
        Secretary any buildings that the Secretary determines necessary 
        for the operation and maintenance of the Monument, subject to 
        an agreement between the Secretary and the Corporation.
    (e) 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 subsections (a)(14) and (b) of section 2, all right, 
        title, and interest of the United States in and to Governors 
        Island, to be administered by the Corporation.
            (2) Limitation.--The conveyance under paragraph (1) shall 
        be subject to the rights of the Secretary described in section 
        4.
            (3) Exclusion of monument.--The Monument shall not be 
        included in the conveyance under paragraph (1).
    (b) Use and Redevelopment of Governors Island.--On completion of 
the conveyance under subsection (a)(1), any use of the conveyed land 
shall be consistent with subsections (a)(14) and (b) of section 2 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>