[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 788 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 788

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2013

  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.

    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 ``Castle Clinton National Monument and 
Battery Castle Clinton National Monument and Battery Conservancy 
Partnership Act''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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