II

104TH CONGRESS

2D SESSION S. 1785

To establish in the Department of the Interior the Essex National Heritage

Area Commission, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 21, 1996

Mr. KENNEDY (for himself and Mr. KERRY) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To establish in the Department of the Interior the Essex

National Heritage Area Commission, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Essex National Herit5 age Area Act of 1996’’.

6 SEC. 2. FINDINGS AND PURPOSE.

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

8 (1) Essex County, Massachusetts, was host to

9 a series of historic events that influenced the course

10 of the early settlement of the United States, its
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1 emergence as a maritime power, and its subsequent

2 industrial development;

3 (2) the North Shore of Essex County and the

4 Merrimack River valley in Essex County contain ex5 amples of significant early American architecture

6 and significant Federal-period architecture, many

7 sites and buildings associated with the establishment

8 of the maritime trade in the United States, the site

9 of the witchcraft trials of 1692, the birthplace of

10 successful iron manufacture, and the establishment

11 of the textile and leather industries in and around

12 the cities of Peabody, Beverly, Lynn, Lawrence, and

13 Haverhill;

14 (3) Salem, Massachusetts, has a rich heritage

15 as one of the earliest landing sites of the English

16 colonists, the first major world harbor for the Unit17 ed States, and an early thriving hub of American in18 dustries;

19 (4) the Saugus Iron Works National Historic

20 Site is the site of the first sustained, integrated iron

21 works in Colonial America, and the technology em22 ployed at the Iron Works was dispersed throughout

23 the Colonies and was critical to the development of

24 industry and technology in America;
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1 (5) the Salem Maritime National Historic Site

2 contains nationally significant resources that explain

3 the manner in which the Nation was settled, its evo4 lution into a maritime power, and its development as

5 a major industrial force;

6 (6) the story told at the Salem Maritime and

7 Saugus Iron Works National Historic Sites would be

8 greatly enhanced through the interpretation of sig9 nificant theme-related resources in Salem and

10 Saugus and throughout Essex County;

11 (7) partnerships between the private and public

12 sectors have been created and additional partner13 ships will be encouraged to preserve the rich cultural

14 heritage of the region, which will stimulate cultural

15 awareness, preservation, and economic development

16 through tourism;

17 (8) a visitors’ center that has already been con18 structed at Salem Maritime National Historic Site in

19 Salem, Massachusetts, will be available to interpret

20 the themes of the Essex National Heritage Area es21 tablished by this Act and to coordinate the interpre22 tive and preservation activities of the Area; and

23 (9) the resident and business communities of

24 the region have formed the Essex Heritage Ad Hoc

25 Commission for the preservation, interpretation, pro-
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1 motion, and development of the historic, cultural,

2 and natural resources of the region and are invest3 ing significant private funds and energy to develop

4 a plan to preserve the nationally significant re5 sources of Essex County.

6 (b) PURPOSE.—It is the purpose of this Act—

7 (1) to establish the Essex National Heritage

8 Area and the Essex National National Heritage

9 Area Commission, representing all concerned levels

10 of government, to recognize, preserve, promote, in11 terpret, and make available for the benefit of the

12 public the historic, cultural, and natural resources of

13 the North Shore and lower Merrimack River valley

14 in Essex County, Massachusetts, which encompass

15 the three primary themes of the Salem Maritime

16 National Historic Site and Saugus Iron Works Na17 tional Historic Site (the histories of early settlement,

18 maritime trade, and the textile and leather indus19 tries);

20 (2) to implement the appropriate alternative as

21 described in the document entitled ‘‘The Salem

22 Project: A Study of Alternatives’’, dated January

23 1990, within the boundaries of Essex County; and

24 (3) to provide a management framework to as25 sist the Commonwealth of Massachusetts and its
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1 units of local government in the development and

2 implementation of an integrated cultural, historical,

3 and land resource management program in order to

4 retain, enhance, and interpret the significant values

5 of the lands, waters, and structures located in the

6 Essex National Heritage Area.

7 SEC. 3. DEFINITIONS.

8 For purposes of this Act:

9 (1) The term ‘‘Commission’’ means the Essex

10 National Heritage Area Commission established by

11 section 201.

12 (2) The term ‘‘Area’’ means the Essex National

13 Heritage Area established by section 101.

14 (3) The term ‘‘Secretary’’ means the Secretary

15 of the Interior.

16 TITLE I—ESSEX NATIONAL

17 HERITAGE AREA

18 SEC. 101. DESIGNATION OF NATIONAL HERITAGE AREA.

19 (a) DESIGNATION.—For the purpose of preserving

20 and interpreting, for the educational and inspirational

21 benefit of present and future generations, the unique and

22 significant contributions to our national heritage of cer23 tain historic and cultural lands, natural waterways, and

24 structures within the County of Essex in the Common-
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1 wealth of Massachusetts, there is hereby established the

2 Essex National Heritage Area.

3 (b) BOUNDARIES.—The Area shall comprise the

4 lands generally depicted on the map numbered NAR–51–

5 80,000 and dated August 1994. The map shall be on file

6 and available for public inspection in the office of the Di7 rector of the National Park Service.

8 (c) ADMINISTRATION.—The Area shall be adminis9 tered in accordance with the provisions of this Act.

10 TITLE II—ESSEX NATIONAL

11 HERITAGE AREA COMMISSION

12 SEC. 201. ESTABLISHMENT.

13 (a) IN GENERAL.—To carry out the purpose of this

14 Act there is hereby established in the Department of the

15 Interior the Essex National Heritage Area Commission.

16 The Commission shall exercise the responsibilities and au17 thorities conferred on the Commission by this title with

18 respect to the Area. The Commission shall consist of 33

19 members (including ex officio members), appointed by the

20 Secretary, as follows:

21 (1) Five members appointed from recommenda22 tions submitted by the Governor of Massachusetts,

23 of which one shall represent the interests of the

24 Massachusetts Historical Commission, one shall rep25 resent the Executive Office of Environmental Man-
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1 agement, one shall represent the Massachusetts Ex2 ecutive Office of Transportation and Highways, one

3 shall represent the Executive Office of Administra4 tion and Finance, and one shall represent the Exec5 utive Office of Communities and Development.

6 (2) Eleven members representing the interests

7 of local government, appointed from recommenda8 tions submitted as follows:

9 (A) One each from recommendations sub10 mitted by the mayors of the cities of Peabody,

11 Salem, Lynn, Lawrence, Haverhill, Newbury12 port, Beverly, and Gloucester.

13 (B) Three representing the towns of Essex

14 County, from recommendations submitted by

15 the Essex County Advisory Board.

16 (3) Eight members representing local business,

17 nonprofit organizations, and other nongovernmental

18 groups, appointed from recommendations submitted

19 as follows:

20 (A) Two from recommendations submitted

21 by the Salem Partnership.

22 (B) One each from recommendations sub23 mitted by the Lynn Business Partnership, the

24 Greater Haverhill Chamber of Commerce, the

25 Cape Ann Chamber of Commerce, the
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1 Merrimack Valley Chamber of Commerce, the

2 North Shore Chamber of Commerce, and the

3 Society for the Preservation of New England

4 Antiquities.

5 (4) Three members representing nonprofit orga6 nizations which have significant interests and re7 sources located in the Area, from recommendations

8 submitted as follows:

9 (A) One from recommendations submitted

10 by the Peabody Essex Museum, to represent the

11 interests of major museums.

12 (B) One from recommendations submitted

13 by the Essex County Greenbelt Association, to

14 represent the interests of the natural resources

15 of the Area.

16 (C) One from recommendations submitted

17 by the President of Salem State College, to rep18 resent the interests of institutions of higher

19 education.

20 (5) The Director of the National Park Service,

21 ex officio, or the delegate of the Director, the super22 intendent of the Salem Maritime National Historic

23 Site, ex officio, or the delegate of the superintend24 ent, and the superintendent of the Saugus Ironworks
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1 National Historic Site, ex officio, or the delegate of

2 the superintendent.

3 (6) One member recommended by the Rep4 resentative to the Congress from the Fifth Congres5 sional District of Massachusetts.

6 (7) Two members recommended by the Rep7 resentative to the Congress from the Sixth Congres8 sional District of Massachusetts.

9 (b) TERMS.—The term of appointed members of the

10 Commission shall be 3 years, except as provided in sub11 section (d).

12 (c) CHAIRPERSON.—The Commission shall elect a

13 chairperson from among its members. The term of office

14 of the chairperson shall be 2 years.

15 (d) VACANCY.—Any member of the Commission ap16 pointed for a definite term may serve after the expiration

17 of his term until his successor is appointed. Any vacancy

18 in the Commission shall be filled in the same manner in

19 which the original appointment was made. The term of

20 any member appointed to fill a vacancy shall be the re21 mainder of the term for which the member’s predecessor

22 was appointed.

23 (e) QUORUM.—A simple majority of Commission

24 members shall constitute a quorum.
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1 (f) MEETINGS.—The Commission shall meet at the

2 call of the chairperson or a majority of its members, but

3 not less than quarterly.

4 (g) COMPENSATION.—Members of the Commission

5 shall serve without compensation, except as otherwise pro6 vided in this subsection. Members of the Commission may

7 receive travel expenses (including per diem in lieu of sub8 sistence) when engaged in Commission business, in ac9 cordance with section 5703, title 5, United States Code,

10 in the same manner as persons employed intermittently.

11 SEC. 202. STAFF OF THE COMMISSION.

12 (a) STAFF.—(1) The Commission shall have the

13 power to appoint and fix the compensation of such staff

14 as may be necessary to carry out its duties.

15 (2) Staff appointed by the Commission—

16 (A) shall be appointed subject to the provisions

17 of title 5, United States Code, governing appoint18 ments in the competitive services; and

19 (B) shall be paid in accordance with the provi20 sions of chapter 51 of title 5, United States Code,

21 and subchapter III of chapter 53 of such title, relat22 ing to classification and General Schedule pay rates.

23 (b) EXPERTS AND CONSULTANTS.—Subject to such

24 rules as may be adopted by the Commission, the Commis25 sion may procure services of experts and consultants to
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1 the same extent as is authorized by section 3109(b) of title

2 5, United States Code, but at rates determined by the

3 Commission to be reasonable.

4 (c) STAFF AND OTHER AGENCIES.—(1) Upon re5 quest of the Commission, the head of any Federal agency

6 may detail, on a reimbursable basis, any of the personnel

7 of such agency to the Commission to assist the Commis8 sion in carrying out the Commission’s duties.

9 (2) The Commission may accept the services of per10 sonnel detailed from the Commonwealth of Massachusetts

11 (and any political subdivision thereof) and may reimburse

12 the Commonwealth or political subdivision for the services.

13 (d) ADMINISTRATIVE SUPPORT.—The Administrator

14 of the General Services Administration shall provide to the

15 Commission such administrative support services as the

16 Commission may request, on a reimbursable basis.

17 SEC. 203. POWERS OF THE COMMISSION.

18 (a) IN GENERAL.—The Commission may for the pur19 pose of carrying out this Act hold such hearings, sit and

20 act at such times and places, take such testimony, and

21 receive such evidence, as the Commission may deem advis22 able.

23 (b) BYLAWS.—The Commission may make such by24 laws, rules and regulations, consistent with this Act, as
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1 it considers necessary to carry out its functions under this

2 title.

3 (c) DELEGATION.—When so authorized by the Com4 mission, any member or agent of the Commission may

5 take any action which the Commission is authorized to

6 take by this section.

7 (d) TECHNICAL ADVISORY GROUPS.—The Commis8 sion may establish and appoint one or more technical advi9 sory groups and subcommittees to provide technical advice

10 to the Commission with respect to issues including, but

11 not limited to, financing, historic preservation, natural re12 source preservation, recreation, tourism, or intergovern13 mental coordination.

14 (e) GIFTS.—Notwithstanding any other provision of

15 law, the Commission may seek, accept, and dispose of do16 nations of funds, property, or services from individuals,

17 from foundations, corporations, and other private entities,

18 and from public entities, for the purpose of carrying out

19 its duties.

20 (f) FUNDS FROM OTHER SOURCES.—The Commis21 sion may use its funds to obtain money from any source

22 under any program or law, including a program or law

23 requiring the recipient of such money to make a contribu24 tion in order to receive such money.
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1 (g) MAIL.—The Commission may use the United

2 States mails in the same manner and upon the same con3 ditions as other departments and agencies of the United

4 States.

5 (h) OBTAINING PROPERTY, FACILITIES AND SERV6 ICES.—The Commission may obtain by purchase, rental,

7 donation, or otherwise, such property, facilities, and serv8 ices as may be needed to carry out its duties. The Commis9 sion may acquire real property, or interests in real prop10 erty, in the Area only by gift, by rental, or by purchase

11 from a willing seller with money which was given, be12 queathed, or appropriated to the Commission on the condi13 tion that such money would be used to purchase real prop14 erty, or interests in real property, in the Area.

15 (i) ADVISORY GROUPS.—The Commission may estab16 lish such advisory groups as the Commission deems nec17 essary to ensure open communication with, and assistance

18 from, the Commonwealth of Massachusetts, political sub19 divisions of the Commonwealth of Massachusetts, and in20 terested persons.

21 (j) COOPERATIVE AGREEMENTS.—The Commission

22 may enter into cooperative agreements with the Secretary,

23 the Commonwealth of Massachusetts, any political sub24 division of the Commonwealth, or any person.
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1 SEC. 204. FUNCTIONS OF THE COMMISSION.

2 (a) IN GENERAL.—The Commission is authorized

3 to—

4 (1) coordinate activities of and establish cooper5 ative agreements with Federal, State, and local gov6 ernments and private businesses and organizations

7 in order to further historic preservation, cultural

8 conservation, natural area protection, and compat9 ible revitalization with respect to the Area;

10 (2) establish guidelines and standards for

11 projects and prepare programs and exhibits, consist12 ent with standards established by the National Park

13 Service for preservation of historic properties (in14 cluding standards regarding interpretive methods),

15 that will further the recognition, preservation, pro16 motion, interpretation, and economic revitalization of

17 the historic and natural resources in the Area;

18 (3) provide advice and assistance in preparation

19 of loan or grant applications to the Commission and

20 applications for loan or grants from Federal or non21 Federal sources in furtherance of the purpose of this

22 Act;

23 (4) make loans and grants, from funds appro24 priated for that purpose or from funds donated or

25 otherwise made available to the Commission, for the

26 purpose of conserving and protecting sites, buildings,
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1 resources, and objects which are included or eligible

2 for inclusion on the National Register of Historic

3 Places or for the purposes of providing educational

4 and cultural programs which encourage appreciation

5 of the resources of the Area; and

6 (5) implement the study report prepared by the

7 Essex Heritage Ad-Hoc Commission.

8 (b) ANNUAL REPORTS.—

9 (1) REPORTS BY COMMISSION.—The Commis10 sion shall submit an annual report to the Secretary

11 setting forth its expenses and income and the enti12 ties to which any loans and grants were made by the

13 Commission during the year for which the report is

14 made.

15 (2) REPORTS BY SECRETARY.—The Secretary

16 shall submit an annual report to the Congress de17 scribing the loans, grants, and technical assistance

18 provided under this Act. The report shall specify the

19 amount, recipient, and purpose of any loan, grant,

20 or technical assistance so provided, and shall include

21 an analysis of the adequacy of actions taken during

22 the year the report concerns to preserve, protect,

23 and interpret the significant sites, buildings, and ob24 jects within the Area. The report shall describe the

25 anticipated funds and personnel to be made available
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1 by the Secretary during the fiscal year following the

2 year the report concerns to implement the provisions

3 of this Act.

4 (c) COST ESTIMATES.—Prior to making any grant or

5 loan, the Commission shall require detailed cost estimates

6 to be prepared for the project to be funded. Within 1 year

7 after the date of the enactment of this Act, the Commis8 sion shall submit to the appropriate committees of the

9 Congress detailed cost estimates for the projects for which,

10 at the time the report is submitted, the Commission has

11 made, has agreed to make, or plans to make a grant or

12 loan under this Act.

13 SEC. 205. DUTIES OF THE SECRETARY.

14 (a) IN GENERAL.—To carry out the purpose of this

15 Act, the Secretary shall assist the Commission in prepar16 ing such studies and plans as the Secretary considers ap17 propriate and in implementing the recommendations con18 tained in study report prepared by the Essex Heritage Ad19 Hoc Commission. The Secretary is authorized to enter

20 into agreements with the Commission or with any owner

21 of property with national historic or cultural significance

22 within the Area for the purpose of facilitating public use

23 and enjoyment of such resources or to otherwise further

24 the objectives of the Commission. Any such agreement

25 shall provide whenever appropriate that—
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1 (1) the public may have access to such re2 sources at specified, reasonable times for the pur3 pose of viewing the property or exhibits or attending

4 programs or other activities, as may be appropriate;

5 (2) the Secretary may make improvements to

6 such resources as the Commission or the Secretary

7 deem necessary to enhance the public use and enjoy8 ment of the resources, or to render such property

9 usable by the Secretary, the Commission, or any

10 person for the purpose of this Act; and

11 (3) the Secretary may occupy, utilize, and ac12 quire easements or leasehold interests in resources

13 as required to implement the programs and purpose

14 of this Act.

15 (b) TECHNICAL ASSISTANCE.—The Secretary shall

16 provide, upon request, technical assistance to the Commis17 sion to assist the Commission in the performance of its

18 powers and functions as authorized under this Act. The

19 Secretary may provide to any owner of property within

20 the Area, to the Commonwealth of Massachusetts, to the

21 City of Salem and other participating municipalities, to

22 any other Federal or State entity, to any institution, or

23 to any person such technical assistance as the Secretary

24 considers appropriate to carry out the purpose of this Act.
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1 SEC. 206. EXPIRATION.

2 (a) IN GENERAL.—The Commission shall cease to

3 exist 10 years after the date of the enactment of this Act.

4 (b) SUCCESSOR ENTITY.—The Commission shall as5 sist, if appropriate, in the establishment of a nonprofit

6 management entity, exempt from income taxes under sec7 tion 501(c)(3) of the Internal Revenue Code of 1986, to

8 continue as necessary the functions of the Commission and

9 the management of the Area upon the expiration of the

10 Commission.

11 (c) PROPERTY OR FUNDS REMAINING.—Any prop12 erty or funds of the Commission remaining upon the expi13 ration of the Commission shall be transferred to the non14 profit management entity referred to in subsection (b), if

15 such an entity exists and is willing to accept the transfer.

16 If such an entity does not exist or is not willing to accept

17 such transfer, the property or funds referred to in the pre18 ceding sentence shall be transferred to the Treasury of

19 the United States, to a State or local government agency,

20 or to any combination thereof, as determined by the Com21 mission or, if the Commission fails to so determine and

22 such an entity exists, by the nonprofit management entity

23 referred to in subsection (b).

24 SEC. 207. PRIVATE PROPERTY.

25 No privately owned property shall be included within

26 the boundaries of the Area unless the government of the
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1 county, city, or town in which the property is located

2 agrees to be so included and submits notification of such

3 agreement to the Secretary.

4 SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

5 There are hereby authorized to be appropriated such

6 sums as may be necessary to carry out this Act.

Æ