[Congressional Record Volume 142, Number 59 (Thursday, May 2, 1996)]
[Senate]
[Pages S4587-S4590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NICODEMUS NATIONAL HISTORIC SITE AND THE NEW BEDFORD NATIONAL HISTORIC 
                                LANDMARK

  Mr. SIMPSON. Mr. President, I ask unanimous consent that the vote 
ordered with respect to S. 1720 be vitiated, and I now ask for its 
immediate consideration, that the bill be advanced to third reading, 
and passed, and the motion to reconsider be laid upon the table.
  The PRESIDING OFFICER (Mr. Inhofe). Without objection, it is so 
ordered.
  The bill (S. 1720) was read the third time, and passed, as follows:

                                S. 1720

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
               TITLE I--NICODEMUS NATIONAL HISTORIC SITE

     SEC. 101. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--

[[Page S4588]]

       (1) the town of Nicodemus, in Kansas, has national 
     significance as the only remaining western town established 
     by African-Americans during the Reconstruction period 
     following the Civil War;
       (2) the town of Nicodemus is symbolic of the pioneer spirit 
     of African-Americans who dared to leave the only region they 
     had been familiar with to seek personal freedom and the 
     opportunity to develop their talents and capabilities; and
       (3) the town of Nicodemus continues to be a viable African-
     American community.
       (b) Purposes.--The purposes of this title are--
       (1) to preserve, protect, and interpret for the benefit and 
     enjoyment of present and future generations, the remaining 
     structures and locations that represent the history 
     (including the settlement and growth) of the town of 
     Nicodemus, Kansas; and
       (2) to interpret the historical role of the town of 
     Nicodemus in the Reconstruction period in the context of the 
     experience of westward expansion in the United States.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Historic site.--The term ``historic site'' means the 
     Nicodemus National Historic Site established by section 103.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.

       (a) Establishment.--There is established the Nicodemus 
     National Historic Site in Nicodemus, Kansas.
       (b) Description.--
       (1) In general.--The historic site shall consist of the 
     First Baptist Church, the St. Francis Hotel, the Nicodemus 
     School District Number 1, the African Methodist Episcopal 
     Church, and the Township Hall located within the 
     approximately 161.35 acres designated as the Nicodemus 
     National Landmark in the Township of Nicodemus, Graham 
     County, Kansas, as registered on the National Register of 
     Historic Places pursuant to section 101 of the National 
     Historic Preservation Act (16 U.S.C. 470a), and depicted on a 
     map entitled ``Nicodemus National Historic Site'', numbered 
     80,000 and dated August 1994.
       (2) Map and boundary description.--The map referred to in 
     paragraph (1) and an accompanying boundary description shall 
     be on file and available for public inspection in the office 
     of the Director of the National Park Service and any other 
     office of the National Park Service that the Secretary 
     determines to be an appropriate location for filing the map 
     and boundary description.

     SEC. 104. ADMINISTRATION OF THE HISTORIC SITE.

       (a) In General.--The Secretary shall administer the 
     historic site in accordance with--
       (1) this title; and
       (2) 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 (16 U.S.C. 1 et seq.), 
     and the Act of August 21, 1935 (49 Stat. 666, chapter 593; 16 
     U.S.C. 461 et seq.).
       (b) Cooperative Agreements.--To further the purposes 
     specified in section 101(b), the Secretary may enter into a 
     cooperative agreement with any interested individual, public 
     or private agency, organization, or institution.
       (c) Technical and Preservation Assistance.--
       (1) In general.--The Secretary may provide to any eligible 
     person described in paragraph (2) technical assistance for 
     the preservation of historic structures of, the maintenance 
     of the cultural landscape of, and local preservation planning 
     for, the historic site.
       (2) Eligible persons.--The eligible persons described in 
     this paragraph are--
       (A) an owner of real property within the boundary of the 
     historic site, as described in section 103(b); and
       (B) any interested individual, agency, organization, or 
     institution that has entered into an agreement with the 
     Secretary pursuant to subsection (b).

     SEC. 105. ACQUISITION OF REAL PROPERTY.

       (a) In General.--Subject to subsection (b), the Secretary 
     is authorized to acquire by donation, exchange, or purchase 
     with funds made available by donation or appropriation, such 
     lands or interests in lands as may be necessary to allow for 
     the interpretation, preservation, or restoration of the First 
     Baptist Church, the St. Francis Hotel, the Nicodemus School 
     District Number 1, the African Methodist Episcopal Church, or 
     the Township Hall, as described in section 103(b)(1), or any 
     combination thereof.
       (b) Limitations.--
       (1) Acquisition of property owned by the state of kansas.--
     Real property that is owned by the State of Kansas or a 
     political subdivision of the State of Kansas that is acquired 
     pursuant to subsection (a) may only be acquired by donation.
       (2) Consent of owner required.--No real property may be 
     acquired under this section without the consent of the owner 
     of the real property.

     SEC. 106. GENERAL MANAGEMENT PLAN.

       (a) In General.--Not later than the last day of the third 
     full fiscal year beginning after the date of enactment of 
     this Act, the Secretary shall, in consultation with the 
     officials described in subsection (b), prepare a general 
     management plan for the historic site.
       (b) Consultation.--In preparing the general management 
     plan, the Secretary shall consult with an appropriate 
     official of each of the following:
       (1) The Nicodemus Historical Society.
       (2) The Kansas Historical Society.
       (3) Appropriate political subdivisions of the State of 
     Kansas that have jurisdiction over all or a portion of the 
     historic site.
       (c) Submission of Plan to Congress.--Upon the completion of 
     the general management plan, the Secretary shall submit a 
     copy of the plan to--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Resources of the House of 
     Representatives.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of the Interior such sums as are necessary to carry out this 
     title.
       TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT

     SEC. 201. 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 203(b) of 
     this title, 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 unique 
     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 title are--
       (1) to help preserve, protect, and interpret the resources 
     within the areas described in section 203(b) of this title, 
     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 
     title; and
       (3) to provide opportunities for the inspirational benefit 
     and education of the American people.

     SEC. 202. DEFINITIONS.

       For the purposes of this title:
       (1) The term ``park'' means the New Bedford Whaling 
     National Historical Park established by section 203.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 203. 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. In case of any conflict between the 
     descriptions set forth in subparagraphs (A) through (D) and 
     such map, such map shall govern. 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.
       (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. 204. ADMINISTRATION OF PARK.

       (a) In General.--The park shall be administered by the 
     Secretary in accordance with this title and the provisions of 
     law generally applicable to units of the national park 
     system, including the Act entitled ``An Act to

[[Page S4589]]

     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) 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 title, 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) Non-Federal Matching Requirements.--(1) Funds 
     authorized to be appropriated to the Secretary for the 
     purposes of--
       (A) cooperative agreements under subsection (b) shall be 
     expended in the ratio of one dollar of Federal funds for each 
     four dollars of funds contributed by non-Federal sources; and
       (B) construction, restoration, and rehabilitation of 
     visitor and interpretive facilities (other than annual 
     operation and maintenance costs) shall be expended in the 
     ratio of one dollar of Federal funds for each one dollar of 
     funds contributed by non-Federal sources.
       (2) For the purposes of this subsection, the Secretary is 
     authorized to accept from non-Federal sources, and to utilize 
     for purposes of this title, any money so contributed. With 
     the approval of the Secretary, any donation of property, 
     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.
       (d) Acquisition of Real Property.--For the purposes of the 
     park, the Secretary may acquire only by donation lands, 
     interests in lands, and improvements thereon within the park.
       (e) Other Property, Funds, and Services.--The Secretary may 
     accept donated funds, property, and services to carry out 
     this title.

     SEC. 205. 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 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 as soon as practically 
     possible. 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. 206. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Except as provided in subsection (b), 
     there are authorized to be appropriated such sums as may be 
     necessary to carry out annual operations and maintenance with 
     respect to the park.
       (b) Exceptions.--In carrying out this title--
       (1) not more than $2,000,000 may be appropriated for 
     construction, restoration, and rehabilitation of visitor and 
     interpretive facilities, and directional and visitor 
     orientation signage;
       (2) none of the funds authorized to be appropriated by this 
     title may be used for the operation or maintenance of the 
     Schooner Ernestina; and
       (3) not more than $50,000 annually of Federal funds may be 
     used for interpretive and educational programs for the 
     Schooner Ernestina pursuant to cooperative grants under 
     section 204(b).

  Mr. MURKOWSKI. Mr. President. I want to express my strong opposition 
to the passage of this legislation. This legislation would establish a 
new unit of the National Park System without the benefit of any 
consideration by the Committee on Energy and Natural Resources during 
this Congress. I will continue to oppose the creation of any new units 
the committee and the Congress come to grips with the reality of what 
we are doing to the National Park System by continually adding new 
units and ignoring the responsibility for funding. If there had been a 
record vote on this measure, I would have voted ``no.''
  I understand that the committee reported similar legislation during 
the last Congress, but it was not acted upon by the Senate. The 
committee also agreed that this Congress we would consider the effect 
of wanton additions to the National Park System on the ability of the 
National Park Service to adequately fulfill its responsibilities under 
the 1916 Organic Act. The committee is in the process of trying to come 
to grips with this insatiable appetite to simply add more and more 
units, some of limited merit, to a System already overburdened by past 
actions.
  I want the Record to indicate that I promised the Senator from 
Massachusetts that the committee would consider the New Bedford whaling 
legislation this Congress, and we would have done so had he allowed the 
process to work. As it is, we are faced with another drain on the 
limited resources of the National Park Service without benefit of 
committee consideration. The superintendent and the other personnel 
will have to be stolen from other units of the System and the funding 
will come out of the already over stained budgets of existing units.
  The era of the clipper ships and the days of the whalers is certainly 
an important part of the history of this Nation. That history is not 
restricted to Massachusetts, but was an important part of the west 
coast and Alaska. Given the opportunity, the Committee on Energy and 
Natural Resources could have worked with the Senator from Massachusetts 
and crafted workable legislation. It is particularly ironic that it is 
the Senator from Massachusetts who seeks to end-run the committee 
process since it was his totally nongermane amendment on minimum wage 
that held up the omnibus parks package a few weeks ago. The single most 
important conservation package in over a decade was held up for 
political purposes and then the Senator seeks passage of legislation in 
the dead of night.
  I frankly am getting tired of the repeated chorus from the 
administration and the other side of the aisle on how insensitive 
Republicans are to the environment when all they can show is opposition 
to major conservation legislation. Secretary Babbitt proposes to give 
away three units of the National Park System as part of his Reinventing 
Government and then has the gall to accuse Republicans of trying to 
dismantle the National Park. The Senator from Massachusetts is 
proximately responsible for holding up a major park and conservation 
measure and then casually adds a new unit to an already overburdened 
System.
  Mr. President. There is a reason for the committees of the Senate and 
I want to express my strong opposition to this procedure. I committed 
to the Senator from Massachusetts and to several other of my colleagues 
that our committee would consider their legislation and we would 
attempt to come to some resolution on the toll that new areas add to 
the National Park System and to the idea of ``heritage'' areas. The 
Subcommittee on Parks has been very active and the Senator from 
Massachusetts can have no complaint over the sympathies of the 
subcommittee chairman.
  I have tried for over a year to move important park and conservation 
measures reported by the committee only to have my efforts blocked by 
opposition from the other side of the aisle. I find it particularly 
troubling that those who have spent so much time blocking passage of 
important legislation like the Presidio would take this opportunity to 
move the New Bedford legislation without benefit of committee review 
and recommendation.
  At some point Congress must come to the realization that this 
insatiable appetite for adding new units to the National Park System is 
not benefiting the environment, it is threatening existing units. No 
one would come to the floor with legislation to cut the funding and 
personnel for the Grand Canyon, Everglades, Yosemite, Yellowstone, 
Independence Hall, or any other unit, yet that is exactly what 
enactment of the New Bedford whaling measure will do. We are loving the 
System to death. I will continue to oppose the creation of any new 
units until Congress and the administrative are willing to assume the 
responsibility for their actions.
  Mr. KENNEDY. Mr. President, I am pleased that the Senate approved 
this legislation, and I ask unanimous consent that a joint statement by 
Senator Kerry and myself be printed in the Record.
  There being no objection, the joint statement was ordered to be 
printed in the Record, as follows:

Joint Statement by Senator Edward M. Kennedy, Senator John F. Kerry on 
        the Whaling National Historical Park in New Bedford, MA.

       We are grateful that the Senate is about to approve these 
     provisions to establish a Whaling National Historical Park in 
     New Bedford, Massachusetts.
       This is an important measure that is well-deserved and 
     historically long overdue. The

[[Page S4590]]

     history of whaling deserves a place among the major 
     historical themes represented in the National Park System. 
     The federal designation will also mean a significant boost to 
     the economy of the region as more and more visitors come to 
     New Bedford to learn about its extraordinary history.''
       The bill authorizes an estimated $4 million over the next 
     five years in federal funds for the Park, with a ceiling of 
     $2 million on the amount of federal funds that can be used 
     for construction and rehabilitation.
       In addition, in an innovative feature of the bill that may 
     become a model for future park funding in the era of limited 
     federal resources, the bill requires a 1-to-1 private-sector 
     match for construction and rehabilitation funds, and a 4-to-1 
     private-sector match for other projects related to the Park. 
     The goals of the Park can be achieved with modest federal 
     funding, because substantial local resources have already 
     been dedicated in New Bedford, and the community has a strong 
     commitment to maintain these efforts in years to come.
       Passage of this bill will make the New Bedford National 
     Historical Park one of only a handful of new national parks 
     to be approved by the Senate in the current Congress. In this 
     era of limited federal resources, Congress is rightly 
     skeptical of new park proposals, but the designation of New 
     Bedford is highly appropriate.
       New Bedford won early renown for its whaling expeditions in 
     the Atlantic, and later became a key base for whaling voyages 
     to the Arctic. The whaling industry became so prosperous that 
     by the mid-1800s, New Bedford was the wealthiest city, per 
     capita, in the world.
       The Whaling National Historical Park will preserve and 
     restore dozens of New Bedford's historic buildings, which are 
     being restored to appear as they did in the whaling 
     industry's heyday.
       The Park will include the Seamen's Bethel--the church in 
     ``Moby Dick'' where Ishmael heard Father Mapple offer prayers 
     for sailors before setting out to sea. It will also encompass 
     the restored, century-old National Historic Landmark vessel 
     ``Ernestina,'' the oldest Grand Banks schooner in existence, 
     which is now moored in New Bedford's port.
       The crown jewel of the Park will be the Whaling Museum, 
     which houses the world's premier whaling archives and art 
     collection. The library contains thousands of ship logs, 
     charts, maps, photos and other records that document the 
     history of whaling in America. The museum also houses a half-
     size model of the whaling bark ``Lagoda,'' which can be 
     boarded by visitors.
       60,000 visitors from the United States and over 40 foreign 
     countries come to the museum each year and participate in its 
     programs. It also receives thousands of requests for 
     information from historians, scientists, educators, 
     photographers, and museum professionals.
       The Whaling National Historical Park has been endorsed by 
     numerous national organizations, including the American 
     Institute of Architects, the American Museum Association, the 
     National Trust for Historic Preservation, the National 
     Melville Society, the New England Council, and the Portuguese 
     American Leadership Council of the United States.
       We have worked closely on this bill with Senate Majority 
     Leader Bob Dole, Senate Democratic Leader Tom Daschle, Senate 
     Energy and Natural Resources Committee Chairman Frank 
     Murkowski, and Senate Parks Subcommittee Chairman Ben 
     Nighthorse Campbell, and we commend them for their assistance 
     and support.
       We also commend the tireless dedication of the business 
     community and citizens of New Bedford and their deep 
     commitment to make this Park a reality. We have also worked 
     very closely with Congressmen Barney Frank and Peter Blute of 
     Massachusetts. Their effective work in the House of 
     Representatives laid the best possible groundwork for today's 
     successful Senate action.

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