IIA

103D CONGRESS

2D SESSION H. R. 3898

IN THE SENATE OF THE UNITED STATES

AUGUST 2 (legislative day, JULY 20), 1994

Received; read twice and referred to the Committee on Energy and Natural

Resources

A BILL

To establish the New Bedford Whaling National Historical

Park in New Bedford, Massachusetts, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—The Congress finds that—

5 (1) the New Bedford National Historic Land6 mark District and associated historic sites as de7 scribed in section 3(b) of this Act, including the

8 Schooner Ernestina, are National Historic Land9 marks and are listed on the National Register of

10 Historic Places as historic sites associated with the

11 history of whaling in the United States;
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1 (2) the city of New Bedford was the 19th cen2 tury capital of the world’s whaling industry and re3 tains significant architectural features, archival ma4 terials, and museum collections illustrative of this

5 period;

6 (3) New Bedford’s historic resources provide

7 opportunities for illustrating and interpreting the

8 whaling industry’s contribution to the economic, so9 cial, and environmental history of the United States

10 and provide opportunities for public use and enjoy11 ment; and

12 (4) the National Park System presently con13 tains no sites commemorating whaling and its con14 tribution to American history.

15 (b) PURPOSES.—The purposes of this Act are—

16 (1) to preserve, protect, and interpret the re17 sources within the areas described in section 3(b) of

18 this Act, including architecture, setting, and associ19 ated archival and museum collections;

20 (2) to collaborate with the city of New Bedford

21 and with local historical, cultural, and preservation

22 organizations to further the purposes of the park es23 tablished under this Act; and

24 (3) to provide opportunities for the inspirational

25 benefit and education of the American people.
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1 SEC. 2. DEFINITIONS.

2 For the purposes of this Act:

3 (1) The term ‘‘park’’ means the New Bedford

4 Whaling National Historical Park established by

5 section 3.

6 (2) The term ‘‘Secretary’’ means the Secretary

7 of the Interior.

8 SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL

9 PARK.

10 (a) ESTABLISHMENT.—In order to preserve for the

11 benefit and inspiration of the people of the United States

12 as a national historical park certain districts, structures,

13 and relics located in New Bedford, Massachusetts, and as14 sociated with the history of whaling and related social and

15 economic themes in America, there is established the New

16 Bedford Whaling National Historical Park.

17 (b) BOUNDARIES.—(1) The boundaries of the park

18 shall be those generally depicted on the map numbered

19 NAR–P49–80000–4 and dated June 1994. Such map

20 shall be on file and available for public inspection in the

21 appropriate offices of the National Park Service. The park

22 shall include the following:

23 (A) The area included within the New Bedford

24 National Historic Landmark District, known as the

25 Bedford Landing Waterfront Historic District, as

26 listed within the National Register of Historic Places
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1 and in the Massachusetts State Register of Historic

2 Places.

3 (B) The National Historic Landmark Schooner

4 Ernestina, with its home port in New Bedford.

5 (C) The land along the eastern boundary of the

6 New Bedford National Historic Landmark District

7 over to the east side of MacArthur Drive from the

8 Route 6 overpass on the north to an extension of

9 School Street on the south.

10 (D) The land north of Elm Street in New Bed11 ford, bounded by Acushnet Avenue on the west,

12 Route 6 (ramps) on the north, MacArthur Drive on

13 the east, and Elm Street on the south.

14 In case of any conflict between the descriptions set forth

15 in subparagraphs (A) through (D) and the map referred

16 to in this subsection, the map shall govern.

17 (2) In addition to the sites, areas and relics referred

18 to in paragraph (1), the Secretary may assist in the inter19 pretation and preservation of each of the following:

20 (A) The southwest corner of the State Pier.

21 (B) Waterfront Park, immediately south of land

22 adjacent to the State Pier.

23 (C) The Rotch-Jones-Duff House and Garden

24 Museum, located at 396 County Street.
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1 (D) The Wharfinger Building, located on Piers

2 3 and 4.

3 (E) The Bourne Counting House, located on

4 Merrill’s Wharf.

5 SEC. 4. ADMINISTRATION OF PARK.

6 (a) IN GENERAL.—The park shall be administered by

7 the Secretary in accordance with this Act and the provi8 sions of law generally applicable to units of the national

9 park system, including the Act entitled ‘‘An Act to estab10 lish a National Park Service, and for other purposes’’, ap11 proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2,

12 3, and 4) and the Act of August 21, 1935 (49 Stat. 666;

13 16 U.S.C. 461–467).

14 (b) COOPERATIVE AGREEMENTS.—(1) The Secretary

15 may consult and enter into cooperative agreements with

16 interested entities and individuals to provide for the pres17 ervation, development, interpretation, and use of the park.

18 (2) Funds authorized to be appropriated to the Sec19 retary for the purposes of this subsection shall be ex20 pended in the ratio of one dollar of Federal funds for each

21 dollar of funds contributed by non-Federal sources. For

22 the purposes of this subsection, the Secretary is author23 ized to accept from non-Federal sources, and to utilize for

24 purposes of this Act, any money so contributed. With the

25 approval of the Secretary, any donation of land, services,
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1 or goods from a non-Federal source may be considered

2 as a contribution of funds from a non-Federal source for

3 the purposes of this subsection.

4 (3) Any payment made by the Secretary pursuant to

5 a cooperative agreement under this subsection shall be

6 subject to an agreement that conversion, use, or disposal

7 of the project so assisted for purposes contrary to the pur8 poses of this Act, as determined by the Secretary, shall

9 result in a right of the United States to reimbursement

10 of all funds made available to such project or the propor11 tion of the increased value of the project attributable to

12 such funds as determined at the time of such conversion,

13 use, or disposal, whichever is greater.

14 (c) LIMITATION ON FUNDS.—Funds authorized to be

15 appropriated to the Secretary for operation and mainte16 nance of the schooner Ernestina may not exceed 50 per17 cent of the total costs of such operation and maintenance

18 and may not exceed $300,000 annually.

19 (d) ACQUISITION OF REAL PROPERTY.—The Sec20 retary may acquire, for the purposes of the park, by dona21 tion, exchange, lease or purchase with donated or appro22 priated funds, lands, interests in lands, and improvements

23 thereon within the park except that (1) lands, and inter24 ests in lands, within the boundaries of the park which are

25 owned by the State of Massachusetts or any political sub-
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1 division thereof, may be acquired only by donation, and

2 (2) lands, and interests in lands, within the boundaries

3 of the park which are not owned by the State of Massachu4 setts or any political subdivision thereof may be acquired

5 only with the consent of the owner thereof unless the Sec6 retary determines, after written notice to the owner and

7 after opportunity for comment, that the property is being

8 developed, or proposed to be developed, in a manner which

9 is detrimental to the integrity of the park or which is oth10 erwise incompatible with the purposes of this Act.

11 (e) OTHER PROPERTY, FUNDS, AND SERVICES.—The

12 Secretary may accept donated funds, property, and serv13 ices to carry out this Act.

14 SEC. 5. GENERAL MANAGEMENT PLAN.

15 Not later than the end of the second fiscal year begin16 ning after the date of enactment of this Act, the Secretary

17 shall submit to the Committee on Natural Resources of

18 the House of Representatives and the Committee on En19 ergy and Natural Resources of the Senate a general man20 agement plan for the park and shall implement such plan.

21 The plan shall be prepared in accordance with section

22 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a–7(b))

23 and other applicable law.
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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as may be necessary to carry out this Act, but not more

4 than $10,400,000 is authorized to be appropriated for

5 construction, acquisition, restoration, and rehabilitation of

6 visitor and interpretative facilities.

Passed the House of Representatives August 1,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

103D CONGRESS

2D SESSION H. R. 3898

AN ACT

To establish the New Bedford Whaling National

and for other purposes.Historical Park in New Bedford, Massachusetts,