II

104TH CONGRESS

2D SESSION S. 1720

To establish the Nicodemus National Historic Site and the New Bedford

National Historic Landmark.

IN THE SENATE OF THE UNITED STATES

MAY 1, 1996

Mr. DOLE (for himself, Mr. KENNEDY, and Mr. KERRY) introduced the

following bill; which was read twice and ordered held at the desk

A BILL

To establish the Nicodemus National Historic Site and the

New Bedford National Historic Landmark.

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

3 TITLE I—NICODEMUS NATIONAL

4 HISTORIC SITE

5 SECTION 1. FINDINGS AND PURPOSES.

6 (a) FINDINGS.—Congress finds that—

7 (1) the town of Nicodemus, in Kansas, has na8 tional significance as the only remaining western

9 town established by African-Americans during the

10 Reconstruction period following the Civil War;
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1 (2) the town of Nicodemus is symbolic of the

2 pioneer spirit of African-Americans who dared to

3 leave the only region they had been familiar with to

4 seek personal freedom and the opportunity to de5 velop their talents and capabilities; and

6 (3) the town of Nicodemus continues to be a

7 viable African-American community.

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

9 (1) to preserve, protect, and interpret for the

10 benefit and enjoyment of present and future genera11 tions, the remaining structures and locations that

12 represent the history (including the settlement and

13 growth) of the town of Nicodemus, Kansas; and

14 (2) to interpret the historical role of the town

15 of Nicodemus in the Reconstruction period in the

16 context of the experience of westward expansion in

17 the United States.

18 SEC. 2. DEFINITIONS.

19 In this Act:

20 (1) HISTORIC SITE.—The term ‘‘historic site’’

21 means the Nicodemus National Historic Site estab22 lished by section 3.

23 (2) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.
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1 SEC. 3. ESTABLISHMENT OF NICODEMUS NATIONAL HIS2 TORIC SITE.

3 (a) ESTABLISHMENT.—There is established the

4 Nicodemus National Historic Site in Nicodemus, Kansas.

5 (b) DESCRIPTION.—

6 (1) IN GENERAL.—The historic site shall con7 sist of the First Baptist Church, the St. Francis

8 Hotel, the Nicodemus School District Number 1, the

9 African Methodist Episcopal Church, and the Town10 ship Hall located within the approximately 161.35

11 acres designated as the Nicodemus National Land12 mark in the Township of Nicodemus, Graham Coun13 ty, Kansas, as registered on the National Register of

14 Historic Places pursuant to section 101 of the Na15 tional Historic Preservation Act (16 U.S.C. 470a),

16 and depicted on a map entitled ‘‘Nicodemus Na17 tional Historic Site’’, numbered 80,000 and dated

18 August 1994.

19 (2) MAP AND BOUNDARY DESCRIPTION.—The

20 map referred to in paragraph (1) and an accom21 panying boundary description shall be on file and

22 available for public inspection in the office of the Di23 rector of the National Park Service and any other

24 office of the National Park Service that the Sec25 retary determines to be an appropriate location for

26 filing the map and boundary description.
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1 SEC. 4. ADMINISTRATION OF THE HISTORIC SITE.

2 (a) IN GENERAL.—The Secretary shall administer

3 the historic site in accordance with—

4 (1) this Act; and

5 (2) the provisions of law generally applicable to

6 units of the National Park System, including the Act

7 entitled ‘‘An Act to establish a National Park Serv8 ice, and for other purposes’’, approved August 25,

9 1916 (16 U.S.C. 1 et seq.), and the Act of August

10 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461

11 et seq.).

12 (b) COOPERATIVE AGREEMENTS.—To further the

13 purposes specified in section 1(b), the Secretary may enter

14 into a cooperative agreement with any interested individ15 ual, public or private agency, organization, or institution.

16 (c) TECHNICAL AND PRESERVATION ASSISTANCE.—

17 (1) IN GENERAL.—The Secretary may provide

18 to any eligible person described in paragraph (2)

19 technical assistance for the preservation of historic

20 structures of, the maintenance of the cultural land21 scape of, and local preservation planning for, the

22 historic site.

23 (2) ELIGIBLE PERSONS.—The eligible persons

24 described in this paragraph are—
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1 (A) an owner of real property within the

2 boundary of the historic site, as described in

3 section 3(b); and

4 (B) any interested individual, agency, or5 ganization, or institution that has entered into

6 an agreement with the Secretary pursuant to

7 subsection (b).

8 SEC. 5. ACQUISITION OF REAL PROPERTY.

9 (a) IN GENERAL.—Subject to subsection (b), the Sec10 retary is authorized to acquire by donation, exchange, or

11 purchase with funds made available by donation or appro12 priation, such lands or interests in lands as may be nec13 essary to allow for the interpretation, preservation, or res14 toration of the First Baptist Church, the St. Francis

15 Hotel, the Nicodemus School District Number 1, the Afri16 can Methodist Episcopal Church, or the Township Hall,

17 as described in section 3(b)(1), or any combination there18 of.

19 (b) LIMITATIONS.—

20 (1) ACQUISITION OF PROPERTY OWNED BY THE

21 STATE OF KANSAS.—Real property that is owned by

22 the State of Kansas or a political subdivision of the

23 State of Kansas that is acquired pursuant to sub24 section (a) may only be acquired by donation.
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1 (2) CONSENT OF OWNER REQUIRED.—No real

2 property may be acquired under this section without

3 the consent of the owner of the real property.

4 SEC. 6. GENERAL MANAGEMENT PLAN.

5 (a) IN GENERAL.—Not later than the last day of the

6 third full fiscal year beginning after the date of enactment

7 of this Act, the Secretary shall, in consultation with the

8 officials described in subsection (b), prepare a general

9 management plan for the historic site.

10 (b) CONSULTATION.—In preparing the general man11 agement plan, the Secretary shall consult with an appro12 priate official of each of the following:

13 (1) The Nicodemus Historical Society.

14 (2) The Kansas Historical Society.

15 (3) Appropriate political subdivisions of the

16 State of Kansas that have jurisdiction over all or a

17 portion of the historic site.

18 (c) SUBMISSION OF PLAN TO CONGRESS.—Upon the

19 completion of the general management plan, the Secretary

20 shall submit a copy of the plan to—

21 (1) the Committee on Energy and Natural Re22 sources of the Senate; and

23 (2) the Committee on Resources of the House

24 of Representatives.
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the De3 partment of the Interior such sums as are necessary to

4 carry out this Act.

5 TITLE II—NEW BEDFORD NATIONAL

6 HISTORIC LANDMARK DISTRICT

7 SECTION 1. FINDINGS AND PURPOSES.

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

9 (1) the New Bedford National Historic Land10 mark District and associated historic sites as de11 scribed in section 3(b) of this Act, including the

12 Schooner Ernestina, are National Historic Land13 marks and are listed on the National Register of

14 Historic Places as historic sites associated with the

15 history of whaling in the United States;

16 (2) the city of New Bedford was the 19th cen17 tury capital of the world’s whaling industry and re18 tains significant architectural features, archival ma19 terials, and museum collections illustrative of this

20 period;

21 (3) New Bedford’s historic resources provide

22 unique opportunities for illustrating and interpreting

23 the whaling industry’s contribution to the economic,

24 social, and environmental history of the United

25 States and provide opportunities for public use and

26 enjoyment; and
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1 (4) the National Park System presently con2 tains no sites commemorating whaling and its con3 tribution to American history.

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

5 (1) to help preserve, protect, and interpret the

6 resources within the areas described in section 3(b)

7 of this Act, including architecture, setting, and asso8 ciated archival and museum collections;

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

10 and with local historical, cultural, and preservation

11 organizations to further the purposes of the park es12 tablished under this Act; and

13 (3) to provide opportunities for the inspirational

14 benefit and education of the American people.

15 SEC. 2. DEFINITIONS.

16 For the purposes of this Act:

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

18 Whaling National Historical Park established by sec19 tion 3.

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

21 of the Interior.

22 SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL

23 PARK.

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

25 benefit and inspiration of the people of the United States
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1 as a national historical park certain districts structures,

2 and relics located in New Bedford, Massachusetts, and as3 sociated with the history of whaling and related social and

4 economic themes in America, there is established the New

5 Bedford Whaling National Historical Park.

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

7 shall be those generally depicted on the map numbered

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

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

10 appropriate offices of the National Park Service. In case

11 of any conflict between the descriptions set forth in sub12 paragraphs (A) through (D) and such map, such map

13 shall govern. The park shall include the following:

14 (A) The area included within the New Bedford

15 National Historic Landmark District, known as the

16 Bedford Landing Waterfront Historic District, as

17 listed within the National Register of Historic Places

18 and in the Massachusetts State Register of Historic

19 Places.

20 (B) The National Historic Landmark Schooner

21 Ernestina, with its home port in New Bedford.

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

23 New Bedford National Historic Landmark District

24 over to the east side of MacArthur Drive from the
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1 Route 6 overpass on the north to an extension of

2 School Street on the south.

3 (D) The land north of Elm Street in New Bed4 ford, bounded by Acushnet Avenue on the west,

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

6 the east, and Elm Street on the south.

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

8 to in paragraph (1) , the Secretary may assist in the inter9 pretation and preservation of each of the following:

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

11 (B) Waterfront Park, immediately south of land

12 adjacent to the State Pier.

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

14 Museum, located at 396 County Street.

15 (D) The Wharfinger Building, located on Piers

16 3 and 4.

17 (E) The Bourne Counting House, located on

18 Merrill’s Wharf.

19 SEC. 4. ADMINISTRATION OF PARK.

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

21 the Secretary in accordance with this Act and the provi22 sions of law generally applicable to units of the national

23 park system, including the Act entitled ‘‘An Act to estab24 lish a National Park Service, and for other purposes’’, ap25 proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2,
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1 3, and 4) and the Act of August 21, 1935 (49 Stat. 666;

2 16 U.S.C. 461–467).

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

4 may consult and enter into cooperative agreements with

5 interested entities and individuals to provide for the pres6 ervation, development, interpretation, and use of the park.

7 (2) Any payment made by the Secretary pursuant to

8 a cooperative agreement under this subsection shall be

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

10 of the project so assisted for purposes contrary to the pur11 poses of this Act, as determined by the Secretary, shall

12 result in a right of the United States to reimbursement

13 of all funds made available to such project or the propor14 tion of the increased value of the project attributable to

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

16 use, or disposal, whichever is greater.

17 (c) NON-FEDERAL MATCHING REQUIREMENTS.—(1)

18 Funds authorized to be appropriated to the Secretary for

19 the purposes of—

20 (A) cooperative agreements under subsection

21 (b) shall be expended in the ratio of one dollar of

22 Federal funds for each four dollars of funds contrib23 uted by non-Federal sources; and

24 (B) construction, restoration, and rehabilitation

25 of visitor and interpretive facilities (other than an-
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1 nual operation and maintenance costs) shall be ex2 pended in the ratio of one dollar of Federal funds

3 for each one dollar of funds contributed by non-Fed4 eral sources.

5 (2) For the purposes of this subsection, the Secretary

6 is authorized to accept from non-Federal sources, and to

7 utilize for purposes of this Act, any money so contributed.

8 With the approval of the Secretary, any donation of prop9 erty, services, or goods from a non-Federal source may

10 be considered as a contribution of funds from a non-Fed11 eral source for the purposes of this subsection.

12 (d) ACQUISITION OF REAL PROPERTY.—For the pur13 poses of the park, the Secretary may acquire only by dona14 tion lands, interests in lands, and improvements thereon

15 within the park.

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

17 Secretary may accept donated funds, property, and serv18 ices to carry out this Act.

19 SEC. 5. GENERAL MANAGEMENT PLAN.

20 Not later than the end of the second fiscal year begin21 ning after the date of enactment of this Act, the Secretary

22 shall submit to the Committee on Resources of the House

23 of Representatives and the Committee on Energy and

24 Natural Resources of the Senate a general management

25 plan for the park and shall implement such plan as soon
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1 as practically possible. The plan shall be prepared in ac2 cordance with section 12(b) of the Act of August 18, 1970

3 (16 U.S.C. 1a–7(b)) and other applicable law.

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—Except as provided in subsection

6 (b), there are authorized to be appropriated such sums

7 as may be necessary to carry out annual operations and

8 maintenance with respect to the park.

9 (b) EXCEPTIONS.—In carrying out this Act—

10 (1) not more than $2,000,000 may be appro11 priated for construction, restoration, and rehabilita12 tion of visitor and interpretive facilities, and direc13 tional and visitor orientation signage;

14 (2) none of the funds authorized to be appro15 priated by this Act may be used for the operation or

16 maintenance of the Schooner Ernestina; and

17 (3) not more than $50,000 annually of Federal

18 funds may be used for interpretive and educational

19 programs for the Schooner Ernestina pursuant to

20 cooperative grants under section 4(b).

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