[Congressional Record Volume 140, Number 103 (Monday, August 1, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 1, 1994]


 
 ESTABLISHING THE NEW BEDFORD WHALING NATIONAL HISTORICAL PARK IN NEW 
                              BEDFORD, MA

  Mr. VENTO. Mr. Speaker, I move to suspend the rules and pass the 
bill--H.R. 3898--to establish the New Bedford Whaling National 
Historical Park in New Bedford, MA, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3898

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) the New Bedford National Historic Landmark District and 
     associated historic sites as described in section 3(b) of 
     this Act, including the Schooner Ernestina, are National 
     Historic Landmarks and are listed on the National Register of 
     Historic Places as historic sites associated with the history 
     of whaling in the United States;
       (2) the city of New Bedford was the 19th century capital of 
     the world's whaling industry and retains significant 
     architectural features, archival materials, and museum 
     collections illustrative of this period;
       (3) New Bedford's historic resources provide opportunities 
     for illustrating and interpreting the whaling industry's 
     contribution to the economic, social, and environmental 
     history of the United States and provide opportunities for 
     public use and enjoyment; and
       (4) the National Park System presently contains no sites 
     commemorating whaling and its contribution to American 
     history.
       (b) Purposes.--The purposes of this Act are--
       (1) to preserve, protect, and interpret the resources 
     within the areas described in section 3(b) of this Act, 
     including architecture, setting, and associated archival and 
     museum collections;
       (2) to collaborate with the city of New Bedford and with 
     local historical, cultural, and preservation organizations to 
     further the purposes of the park established under this Act; 
     and
       (3) to provide opportunities for the inspirational benefit 
     and education of the American people.

     SEC. 2. DEFINITIONS.

       For the purposes of this Act:
       (1) The term ``park'' means the New Bedford Whaling 
     National Historical Park established by section 3.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.

       (a) Establishment.--In order to preserve for the benefit 
     and inspiration of the people of the United States as a 
     national historical park certain districts, structures, and 
     relics located in New Bedford, Massachusetts, and associated 
     with the history of whaling and related social and economic 
     themes in America, there is established the New Bedford 
     Whaling National Historical Park.
       (b) Boundaries.--(1) The boundaries of the park shall be 
     those generally depicted on the map numbered NAR-P49-80000-4 
     and dated June 1994. Such map shall be on file and available 
     for public inspection in the appropriate offices of the 
     National Park Service. The park shall include the following:
       (A) The area included within the New Bedford National 
     Historic Landmark District, known as the Bedford Landing 
     Waterfront Historic District, as listed within the National 
     Register of Historic Places and in the Massachusetts State 
     Register of Historic Places.
       (B) The National Historic Landmark Schooner Ernestina, with 
     its home port in New Bedford.
       (C) The land along the eastern boundary of the New Bedford 
     National Historic Landmark District over to the east side of 
     MacArthur Drive from the Route 6 overpass on the north to an 
     extension of School Street on the south.

       (D) The land north of Elm Street in New Bedford, bounded by 
     Acushnet Avenue on the west, Route 6 (ramps) on the north, 
     MacArthur Drive on the east, and Elm Street on the south.
     In case of any conflict between the descriptions set forth in 
     subparagraphs (A) through (D) and the map referred to in this 
     subsection, the map shall govern.
       (2) In addition to the sites, areas and relics referred to 
     in paragraph (1), the Secretary may assist in the 
     interpretation and preservation of each of the following:
       (A) The southwest corner of the State Pier.
       (B) Waterfront Park, immediately south of land adjacent to 
     the State Pier.
       (C) The Rotch-Jones-Duff House and Garden Museum, located 
     at 396 County Street.
       (D) The Wharfinger Building, located on Piers 3 and 4.
       (E) The Bourne Counting House, located on Merrill's Wharf.

     SEC. 4. ADMINISTRATION OF PARK.

       (a) In General.--The park shall be administered by the 
     Secretary in accordance with this Act and the provisions of 
     law generally applicable to units of the national park 
     system, including the Act entitled ``An Act to establish a 
     National Park Service, and for other purposes'', approved 
     August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and 
     the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
       (b) Cooperative Agreements.--(1) The Secretary may consult 
     and enter into cooperative agreements with interested 
     entities and individuals to provide for the preservation, 
     development, interpretation, and use of the park.
       (2) Funds authorized to be appropriated to the Secretary 
     for the purposes of this subsection shall be expended in the 
     ratio of one dollar of Federal funds for each dollar of funds 
     contributed by non-Federal sources. For the purposes of this 
     subsection, the Secretary is authorized to accept from non-
     Federal sources, and to utilize for purposes of this Act, any 
     money so contributed. With the approval of the Secretary, any 
     donation of land, services, or goods from a non-Federal 
     source may be considered as a contribution of funds from a 
     non-Federal source for the purposes of this subsection.
       (3) Any payment made by the Secretary pursuant to a 
     cooperative agreement under this subsection shall be subject 
     to an agreement that conversion, use, or disposal of the 
     project so assisted for purposes contrary to the purposes of 
     this Act, as determined by the Secretary, shall result in a 
     right of the United States to reimbursement of all funds made 
     available to such project or the proportion of the increased 
     value of the project attributable to such funds as determined 
     at the time of such conversion, use, or disposal, whichever 
     is greater.
       (c) Limitation on Funds.--Funds authorized to be 
     appropriated to the Secretary for operation and maintenance 
     of the schooner Ernestina may not exceed 50 percent of the 
     total costs of such operation and maintenance and may not 
     exceed $300,000 annually.
       (d) Acquisition of Real Property.--The Secretary may 
     acquire, for the purposes of the park, by donation, exchange, 
     lease or purchase with donated or appropriated funds, lands, 
     interests in lands, and improvements thereon within the park 
     except that (1) lands, and interests in lands, within the 
     boundaries of the park which are owned by the State of 
     Massachusetts or any political subdivision thereof, may be 
     acquired only by donation, and (2) lands, and interests in 
     lands, within the boundaries of the park which are not owned 
     by the State of Massachusetts or any political subdivision 
     thereof may be acquired only with the consent of the owner 
     thereof unless the Secretary determines, after written notice 
     to the owner and after opportunity for comment, that the 
     property is being developed, or proposed to be developed, in 
     a manner which is detrimental to the integrity of the park or 
     which is otherwise incompatible with the purposes of this 
     Act.
       (e) Other Property, Funds, and Services.--The Secretary may 
     accept donated funds, property, and services to carry out 
     this Act.

     SEC. 5. GENERAL MANAGEMENT PLAN.

       Not later than the end of the second fiscal year beginning 
     after the date of enactment of this Act, the Secretary shall 
     submit to the Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a general management plan for the 
     park and shall implement such plan. The plan shall be 
     prepared in accordance with section 12(b) of the Act of 
     August 18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act, but not more than 
     $10,400,000 is authorized to be appropriated for 
     construction, acquisition, restoration, and rehabilitation of 
     visitor and interpretative facilities.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota [Mr. Vento] will be recognized for 20 minutes, and the 
gentleman from Colorado [Mr. Allard] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Minnesota [Mr. Vento].


                             general leave

  Mr. VENTO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
H.R. 3898.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3898, introduced by Representative Barney Frank, 
would establish the New Bedford Whaling National Historical Park in New 
Bedford, MA. The city of New Bedford became the center of the whaling 
industry at its peak between 1820 and 1860, and also represents 
associated whaling-related themes such as immigration, the expansion of 
trade and exploration, as well as conservation of natural resources.
  The National Park Service, in cooperation with the Waterfront 
Historic Area League [WHALE] in New Bedford, has studied the resources 
of New Bedford, and has concluded that the area meets the criteria for 
national significance, as well as suitability and feasibility for 
inclusion in the National Park System. H.R. 3898 establishes the New 
Bedford Whaling National Historical Park in New Bedford, MA to 
interpret the history of whaling and related social and economic 
themes. The park would consist of the current New Bedford National 
Historic Landmark District, the Schooner Ernestina, also a national 
historic landmark, and additional property adjacent to the landmark 
district as described in the legislation.
  The Committee on Natural Resources made several changes to the bill 
as introduced. The bill, as amended, requires an equal match for 
Federal funding for operation and maintenance of the Schooner 
Ernestina, and limits the Federal contribution to $300,000 annually for 
this purpose. The bill also requires an equal match, whether in funds 
or in-kind contributions, for activities undertaken pursuant to 
cooperative agreements authorized by the legislation. Interested 
parties at both the State and local level have demonstrated strong 
commitment to developing and establishing this park. Testimony received 
at the hearing indicated that this support would continue, and I 
believe these provisions encourage further participation.

  The section authorizing acquisition of property has been redrafted to 
conform with standard National Park Service acquisition authority. 
Additionally, the committee limited this authority to acquiring lands 
within the park boundaries only with the owner's consent unless the 
Secretary determines that property is being developed or proposed to be 
developed in a manner detrimental to the purposes of the park. Within 
this park boundary, property is primarily under private ownership. The 
National Park Service has testified that acquisition will only be 
necessary for the construction of visitor and interpretive centers. 
While some have advocated limiting acquisition only for these purposes, 
I do not believe that the Secretary should be constrained from 
acquiring property as necessary to advance the purposes of the park. 
This language I believe satisfies the objections of some of the 
unlimited acquisition authority while protecting the park from adverse 
development. Finally, the bill limits the authorization for developing 
and constructing visitor and interpretive centers to $10.4 million in 
accordance with National Park Service estimates.
  Mr. Speaker, this is a new park which will preserve and interpret 
resources representing themes not addressed at current National Park 
Service units. I believe this addition is important; the bill has been 
drafted to assure appropriate preservation while limiting the Federal 
obligation for operating the park. This is an important and cost-
effective addition, and I urge my colleagues' support.

                              {time}  1350

  Mr. Speaker, I reserve the balance of my time.
  Mr. ALLARD. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, I rise today to address H.R. 3898, the New Bedford 
Whaling National Historical Park. This area does have national merit 
and does deserve some recognition by the National Park Service. The 
story of the American whaling industry is not portrayed in any other 
national park. However, as is often the case with new park legislation, 
the authorization level is too high. This bill authorizes $10.4 million 
for a visitor center and has an open ended authorization for land 
acquisition. Except for the high price tag involved, the New Bedford 
Whaling Park is worthy of our consideration.
  Mr. Speaker, I reserve the balance of my time.
  Mr. VENTO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Massachusetts [Mr. Frank], the principal sponsor of this 
bill, who has done really a great job in shepherding this measure 
through the committee.
  Mr. FRANK of Massachusetts. Mr. Speaker, I thank the gentleman for 
yielding time to me.
  Mr. Speaker, let me note that joining us on the floor now is my 
neighbor, the gentleman from Massachusetts [Mr. Blute]. This project 
was originally brought forward by my predecessor, the gentleman from 
Massachusetts [Mr. Studds], the Representative of the city of New 
Bedford, who now chairs the Committee on Merchant Marine and Fisheries.
  By the time our friends in the legislature had divided up the 
districts, I had a part of the New Bedford District, and Mr. Blute also 
had a part of it.
  So this is a joint venture in terms of our support, and it is also a 
joint venture of the State.
  Let me say that I appreciate the legitimate concerns of those on the 
other side, because really we do have fiscal problems and we do not 
want to overpromise. That is why one of the things we made sure of was 
that the State of Massachusetts legally committed itself, for instance, 
to the schooner, Ernestina. I know that there had been problems in the 
past with the question of gifts that became burdens, but in this case 
we have State legislation already passed, and the State commission 
already sworn in, and the State of Massachusetts has undertaken the 
ongoing financial commitment. They have already brought the ship up to 
code. They have already paid off the debt, that this would be a 50-50 
process.
  Similarly, with regard to land acquisition, we do not expect there to 
be any other than for the visitors' center. It is all subject to 
appropriation. There is no entitlement to anything in here.
  By the way, it does restrict this to a willing seller, so there is no 
eminent domain power in here. If it should turn out a year from now or 
5 years from now, or whenever, that there is a consensus that maybe the 
Park Service ought to acquire another parcel of land, I would certainly 
feel a commitment to come and discuss that and not try to do it if 
there was any significant opposition to it.
  The GAO report says that for several years this will cost less than a 
million dollars a year. It is out of the regular budget.
  I also want to say that we resisted the usual temptations. I want to 
thank my friend, the gentleman from Minnesota [Mr. Vento], because some 
of the people in the area said, ``Well, the way you do this is you 
go to the Appropriations Committee'' and you bypass this and bypass 
that. I consulted with the gentleman from Minnesota and his very able 
staff, and they confirmed my view that that was not the way to go, that 
the way to go was, in fact, to go through the process, to go through 
the regional park service, to go through the Park Service, and do this 
in a very orderly way. This has been done in an orderly way. No Federal 
money has been spent on this yet because there has not been anything 
other than the study which was legally authorized through the gentleman 
who preceded me.

  After the commission recommended it and after the Park Service said 
it was recommended, my colleague, the gentleman from Massachusetts [Mr. 
Blute], and I went to the committee and we tried very much to do that, 
so I appreciate the legitimate concerns.
  I do believe this is a park of great historical significance. Let me 
stress one thing about it that I believe is very important. People are 
familiar with the strains that now exist with the fishing industry. One 
of the problems we have had is that there is often a conflict between 
the people concerned with environmental matters, with cultural matters, 
and with historical preservation and those engaged in ongoing economic 
activity. I am very pleased to be able to report this--and I know the 
gentleman from Massachusetts [Mr. Blute] will be able to back me up--
that the fishermen who work here and the conservationists, the people 
concerned with America's heritage, and the people concerned with 
America's economic well-being are absolutely in concert.
  I think frankly this is a good example of how we can all work 
together. That is why we do not want any land taking here. This is a 
working waterfront. We are not trying to interfere with economic 
activity. We are trying to show the continuity in America's cultural 
history.
  So I thank very much the gentleman from Minnesota [Mr. Vento]. He and 
his staff have been very good guides in this matter.
  Mr. Speaker, if the gentleman from Colorado [Mr. Allard] would like 
to have me yield to him, I would yield at this point.
  Mr. ALLARD. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I would just make this point. In the gentleman's 
district he has fishermen that he deals with, and in my district we 
have farmers, and I think they all realize that they have to protect 
their environment because their livelihoods depend on that. If they do 
not properly conserve that, they are not going to benefit. So I 
appreciate that point the gentleman from Massachusetts is making.
  Mr. FRANK of Massachusetts. Mr. Speaker, I thank the gentleman from 
Colorado.
  What we have found out is that the practitioners are often the most 
sensible environmentalists because they have not only the love for the 
land, because you do not go into fishing or into farming purely for 
economic reasons, but there is a commitment, an emotional commitment, 
as well, and with that also comes an understanding. So I thank the 
gentleman from Colorado.
  Mr. ALLARD. Mr. Speaker, I yield 5 minutes to the gentleman from 
Massachusetts [Mr. Blute], a new Member of the House of 
Representatives.
  Mr. BLUTE. Mr. Speaker, I thank my colleague, the gentleman from 
Colorado [Mr. Allard] for yielding me this time. I would also like to 
thank the gentleman from Massachusetts [Mr. Frank] and commend him for 
his leadership on this bill.
  Mr. Speaker, ``Call me Ishmael.'' With these three words begin one of 
the greatest American literary works of all time, Herman Melville's 
``Moby Dick.''
  We all know the story of Moby Dick, the great white whale, and his 
relentness pursuer Captain Ahab. This story is required reading in most 
school districts throughout the country, because the tale it tells of 
the golden age of whaling in America is such as important part of our 
heritage.
  For the better part of the 19th century, whaling was one of the most 
important elements of our Nation's economy. Whaling provided the lamp 
oil which lit 19th century homes; spermaceti, from which fine quality 
candles were made; and bone from which corsets, sewing needles and 
scrimshaw jewelry were fashioned. These products alone generated a 
tremendous amount of wealth for this country in the early to mid-
1800's.
  More importantly, though, whaling provided the lubricant for the 
machines which drove this Nation into the Industrial Revolution, 
transforming our entire economy from an agricultural to a manufacturing 
one. Without question, whaling is a critical part of our national 
fabric, our very identity as an industrial power.
  Which is why H.R. 3898 is so important and so very justified.
  This legislation will serve to preserve and protect a legitimate 
piece of Americana: a slice of life from days-gone-by which must not be 
allowed to fade from memory. By establishing a Whaling National 
Historical Park in southeastern Massachusetts, in New Bedford, which is 
the whaling capital of the world, we will ensure that future 
generations will never forget one of the most romantic eras of 
America's past.

  There exist in New Bedford today the makings of a fantastic national 
treasure. The Whaling Museum alone has a wonderful collection of maps, 
models, charts and artifacts that date back almost 200 years. Items 
which are worthy of display in the Smithsonian Institution. They paint 
a vivid picture of the America of the past. When you combine the museum 
with the whaling boats, the magnificent mansions, the libraries and 
gardens of Old New Bedford, you have a spectacular national park.
  I, as well as Gov. William Weld, strongly support this legislation 
and the concept of the whaling national park. I feel that this is an 
extremely worthwhile and justified proposal that our children and our 
childrens' children will thank us for. I ask my colleagues to please 
vote ``yes.''

                              {time}  1400

  Mr. ALLARD. Mr. Speaker, I yield back the balance of my time.
  Mr. VENTO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota [Mr. Vento] that the House suspend the rules 
and pass the bill, H.R. 3898, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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