Union Calendar No. 349

103D CONGRESS

2D SESSION H. R. 3898

[Report No. 103–643]

A BILL

To establish the New Bedford Whaling National

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

AUGUST 1, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 349

103D CONGRESS

2D SESSION H. R. 3898

[Report No. 103–643]

To establish the New Bedford Whaling National Historical Park in New

Bedford, Massachusetts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1994

Mr. FRANK of Massachusetts (for himself, Mr. MOAKLEY, Mr. MARKEY, Mr.

STUDDS, Mr. BLUTE, Mr. KENNEDY, Mr. TORKILDSEN, Mr. MEEHAN,

Mr. NEAL of Massachusetts, Mr. OLVER, and Mr. FALEOMAVAEGA) introduced the following bill; which was referred to the Committee on Natural

Resources

AUGUST 1, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 24, 1994]

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,
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1 SECTION 1. FINDINGS AND PURPOSES.

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

3 (1) the New Bedford National Historic Land4 mark District and associated historic sites as de5 scribed in section 3(b) of this Act, including the

6 Schooner Ernestina, are National Historic Land7 marks and are listed on the National Register of His8 toric Places as historic sites associated with the his9 tory of whaling in the United States;

10 (2) the city of New Bedford was the 19th century

11 capital of the world’s whaling industry and retains

12 significant architectural features, archival materials,

13 and museum collections illustrative of this period;

14 (3) New Bedford’s historic resources provide op15 portunities for illustrating and interpreting the whal16 ing industry’s contribution to the economic, social,

17 and environmental history of the United States and

18 provide opportunities for public use and enjoyment;

19 and

20 (4) the National Park System presently contains

21 no sites commemorating whaling and its contribution

22 to American history.

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

24 (1) to preserve, protect, and interpret the re25 sources within the areas described in section 3(b) of
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1 this Act, including architecture, setting, and associ2 ated archival and museum collections;

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

4 and with local historical, cultural, and preservation

5 organizations to further the purposes of the park es6 tablished under this Act; and

7 (3) to provide opportunities for the inspirational

8 benefit and education of the American people.

9 SEC. 2. DEFINITIONS.

10 For the purposes of this Act:

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

12 Whaling National Historical Park established by

13 section 3.

14 (2) The term ‘‘Secretary’’ means the Secretary of

15 the Interior.

16 SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL

17 PARK.

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

19 benefit and inspiration of the people of the United States

20 as a national historical park certain districts, structures,

21 and relics located in New Bedford, Massachusetts, and asso22 ciated with the history of whaling and related social and

23 economic themes in America, there is established the New

24 Bedford Whaling National Historical Park.
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1 (b) BOUNDARIES.—(1) The boundaries of the park

2 shall be those generally depicted on the map numbered

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

4 be on file and available for public inspection in the appro5 priate offices of the National Park Service. The park shall

6 include the following:

7 (A) The area included within the New Bedford

8 National Historic Landmark District, known as the

9 Bedford Landing Waterfront Historic District, as

10 listed within the National Register of Historic Places

11 and in the Massachusetts State Register of Historic

12 Places.

13 (B) The National Historic Landmark Schooner

14 Ernestina, with its home port in New Bedford.

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

16 New Bedford National Historic Landmark District

17 over to the east side of MacArthur Drive from the

18 Route 6 overpass on the north to an extension of

19 School Street on the south.

20 (D) The land north of Elm Street in New Bed21 ford, bounded by Acushnet Avenue on the west, Route

22 6 (ramps) on the north, MacArthur Drive on the east,

23 and Elm Street on the south.
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1 In case of any conflict between the descriptions set forth

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

3 to in this subsection, the map shall govern.

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

5 to in paragraph (1), the Secretary may assist in the inter6 pretation and preservation of each of the following:

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

8 (B) Waterfront Park, immediately south of land

9 adjacent to the State Pier.

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

11 Museum, located at 396 County Street.

12 (D) The Wharfinger Building, located on Piers 3

13 and 4.

14 (E) The Bourne Counting House, located on

15 Merrill’s Wharf.

16 SEC. 4. ADMINISTRATION OF PARK.

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

18 the Secretary in accordance with this Act and the provi19 sions of law generally applicable to units of the national

20 park system, including the Act entitled ‘‘An Act to establish

21 a National Park Service, and for other purposes’’, approved

22 August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4)

23 and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C.

24 461–467).
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1 (b) COOPERATIVE AGREEMENTS.—(1) The Secretary

2 may consult and enter into cooperative agreements with in3 terested entities and individuals to provide for the preserva4 tion, development, interpretation, and use of the park.

5 (2) Funds authorized to be appropriated to the Sec6 retary for the purposes of this subsection shall be expended

7 in the ratio of one dollar of Federal funds for each dollar

8 of funds contributed by non-Federal sources. For the pur9 poses of this subsection, the Secretary is authorized to accept

10 from non-Federal sources, and to utilize for purposes of this

11 Act, any money so contributed. With the approval of the

12 Secretary, any donation of land, services, or goods from a

13 non-Federal source may be considered as a contribution of

14 funds from a non-Federal source for the purposes of this

15 subsection.

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

17 a cooperative agreement under this subsection shall be sub18 ject to an agreement that conversion, use, or disposal of the

19 project so assisted for purposes contrary to the purposes of

20 this Act, as determined by the Secretary, shall result in a

21 right of the United States to reimbursement of all funds

22 made available to such project or the proportion of the in23 creased value of the project attributable to such funds as

24 determined at the time of such conversion, use, or disposal,

25 whichever is greater.
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1 (c) LIMITATION ON FUNDS.—Funds authorized to be

2 appropriated to the Secretary for operation and mainte3 nance of the schooner Ernestina may not exceed 50 percent

4 of the total costs of such operation and maintenance and

5 may not exceed $300,000 annually.

6 (d) ACQUISITION OF REAL PROPERTY.—The Secretary

7 may acquire, for the purposes of the park, by donation, ex8 change, lease or purchase with donated or appropriated

9 funds, lands, interests in lands, and improvements thereon

10 within the park except that (1) lands, and interests in

11 lands, within the boundaries of the park which are owned

12 by the State of Massachusetts or any political subdivision

13 thereof, may be acquired only by donation, and (2) lands,

14 and interests in lands, within the boundaries of the park

15 which are not owned by the State of Massachusetts or any

16 political subdivision thereof may be acquired only with the

17 consent of the owner thereof unless the Secretary determines,

18 after written notice to the owner and after opportunity for

19 comment, that the property is being developed, or proposed

20 to be developed, in a manner which is detrimental to the

21 integrity of the park or which is otherwise incompatible

22 with the purposes of this Act.

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

24 Secretary may accept donated funds, property, and services

25 to carry out this Act.
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1 SEC. 5. GENERAL MANAGEMENT PLAN.

2 Not later than the end of the second fiscal year begin3 ning after the date of enactment of this Act, the Secretary

4 shall submit to the Committee on Natural Resources of the

5 House of Representatives and the Committee on Energy and

6 Natural Resources of the Senate a general management

7 plan for the park and shall implement such plan. The plan

8 shall be prepared in accordance with section 12(b) of the

9 Act of August 18, 1970 (16 U.S.C. 1a–7(b)) and other ap10 plicable law.

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated such sums as

13 may be necessary to carry out this Act, but not more than

14 $10,400,000 is authorized to be appropriated for construc15 tion, acquisition, restoration, and rehabilitation of visitor

16 and interpretative facilities.