[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.
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