I 112th CONGRESS 1st Session H. R. 2975 IN THE HOUSE OF REPRESENTATIVES September 20, 2011 Mr. Nadler introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to enter into an agreement with the Battery Conservancy to construct and operate a performance facility at Castle Clinton National Monument, and for other purposes.

1.

Short title

This Act may be cited as the Castle Clinton National Monument and Battery Castle Clinton National Monument and Battery Conservancy Partnership Act.

2.

Definitions

In this Act: (1)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. (2)

Battery Conservancy

The term Battery Conservancy means the Battery Conservancy of New York City, New York, a 501(c)(3) organization, or a successor not-for-profit organization. (3)

Monument

The term Monument means the Castle Clinton National Monument in New York City, New York. (4)

Facility

The term Facility means the proposed performance facility and associated structures and fixtures described in the 1997 General Management Pan for the Castle Clinton National Monument.

3.

Agreement

(a)

In general

The Secretary is authorized to enter into one or more agreements with the Battery Conservancy providing for the design, construction, maintenance, and operation of the Facility. (b)

Terms and conditions

Any agreement entered into under subsection (a) shall assure that— (1)the Battery Conservancy is solely responsible for all costs of design and construction of the Facility; (2)the Battery Conservancy is solely responsible for all costs of operating and maintaining the Facility, except as may be otherwise agreed to by the Secretary;  (3)the Battery Conservancy shall reimburse the National Park Service for all National Park Service costs incurred in association with the Battery Conservancy’s activities at the Facility, including the cost of providing security, utilities, and inspections; (4)the Battery Conservancy may conduct, or allow others to conduct, performances and educational programs at the Facility, as the Secretary determines appropriate; (5)the Battery Conservancy may sell performance tickets and conduct related revenue-generating activities at the Monument such as sales of food, beverages, and merchandise in such a manner and at such rates as the Secretary determines appropriate; (6)any proceeds received by the Battery Conservancy from the revenue-generating activities described in this subsection shall be, as determined by the Secretary in consultation with the Battery Conservancy— (A)used by the Battery Conservancy for operation and maintenance of the Facility; (B)held in reserve, in an interest-bearing account, by the Battery Conservancy to pay future operational and maintenance costs; (C)used by the Battery Conservancy for other Monument-related activities; or (D)transferred to the National Park Service for use in operating, maintaining, enhancing, or interpreting the Monument; (7)the National Park Service has exclusive use of the Facility during normal Monument operating hours, except as otherwise agreed to by the Secretary; and (8)the resources of the Monument, and the public interest, are protected through any terms and conditions that the Secretary deems necessary.

4.

Retention of funds for park purposes

The Secretary is authorized to retain and use until expended, without further appropriation, any funds that are received by the Secretary from the Battery Conservancy in accordance with this Act, for the purposes of operating, maintaining, enhancing, or interpreting the Monument.

5.

Interpretive and educational programs

Notwithstanding the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301–6308), the Secretary may enter into a cooperative agreement with the Battery Conservancy for interpretive and educational programming related to the Monument, which may include operation and maintenance costs of the Facility related to such programming.

6.

Ownership and administration of facility

(a)

Ownership

The Facility shall be owned by the United States and at no time shall the Battery Conservancy have any ownership interest, leasehold interest, or other right or interest in the Facility. (b)

Administration

The Facility shall be administered by the National Park Service as part of the Monument and shall be subject to all laws, regulations, and policies applicable to the Monument except as otherwise provided this Act.