104TH CONGRESS

2D SESSION S. 1720

AN ACT

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,
2

S 1720 ES

1 TITLE I—NICODEMUS NATIONAL

2 HISTORIC SITE

3 SEC. 101. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—Congress finds that—

5 (1) the town of Nicodemus, in Kansas, has na6 tional significance as the only remaining western

7 town established by African-Americans during the

8 Reconstruction period following the Civil War;

9 (2) the town of Nicodemus is symbolic of the

10 pioneer spirit of African-Americans who dared to

11 leave the only region they had been familiar with to

12 seek personal freedom and the opportunity to de13 velop their talents and capabilities; and

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

15 viable African-American community.

16 (b) PURPOSES.—The purposes of this title are—

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

18 benefit and enjoyment of present and future genera19 tions, the remaining structures and locations that

20 represent the history (including the settlement and

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

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

23 of Nicodemus in the Reconstruction period in the

24 context of the experience of westward expansion in

25 the United States.
3

S 1720 ES

1 SEC. 102. DEFINITIONS.

2 In this title:

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

4 means the Nicodemus National Historic Site estab5 lished by section 103.

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

7 the Secretary of the Interior.

8 SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HIS9 TORIC SITE.

10 (a) ESTABLISHMENT.—There is established the

11 Nicodemus National Historic Site in Nicodemus, Kansas.

12 (b) DESCRIPTION.—

13 (1) IN GENERAL.—The historic site shall con14 sist of the First Baptist Church, the St. Francis

15 Hotel, the Nicodemus School District Number 1, the

16 African Methodist Episcopal Church, and the Town17 ship Hall located within the approximately 161.35

18 acres designated as the Nicodemus National Land19 mark in the Township of Nicodemus, Graham Coun20 ty, Kansas, as registered on the National Register of

21 Historic Places pursuant to section 101 of the Na22 tional Historic Preservation Act (16 U.S.C. 470a),

23 and depicted on a map entitled ‘‘Nicodemus Na24 tional Historic Site’’, numbered 80,000 and dated

25 August 1994.
4

S 1720 ES

1 (2) MAP AND BOUNDARY DESCRIPTION.—The

2 map referred to in paragraph (1) and an accom3 panying boundary description shall be on file and

4 available for public inspection in the office of the Di5 rector of the National Park Service and any other

6 office of the National Park Service that the Sec7 retary determines to be an appropriate location for

8 filing the map and boundary description.

9 SEC. 104. ADMINISTRATION OF THE HISTORIC SITE.

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

11 the historic site in accordance with—

12 (1) this title; and

13 (2) the provisions of law generally applicable to

14 units of the National Park System, including the Act

15 entitled ‘‘An Act to establish a National Park Serv16 ice, and for other purposes’’, approved August 25,

17 1916 (16 U.S.C. 1 et seq.), and the Act of August

18 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461

19 et seq.).

20 (b) COOPERATIVE AGREEMENTS.—To further the

21 purposes specified in section 101(b), the Secretary may

22 enter into a cooperative agreement with any interested in23 dividual, public or private agency, organization, or institu24 tion.

25 (c) TECHNICAL AND PRESERVATION ASSISTANCE.—
5

S 1720 ES

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

2 to any eligible person described in paragraph (2)

3 technical assistance for the preservation of historic

4 structures of, the maintenance of the cultural land5 scape of, and local preservation planning for, the

6 historic site.

7 (2) ELIGIBLE PERSONS.—The eligible persons

8 described in this paragraph are—

9 (A) an owner of real property within the

10 boundary of the historic site, as described in

11 section 103(b); and

12 (B) any interested individual, agency, or13 ganization, or institution that has entered into

14 an agreement with the Secretary pursuant to

15 subsection (b).

16 SEC. 105. ACQUISITION OF REAL PROPERTY.

17 (a) IN GENERAL.—Subject to subsection (b), the Sec18 retary is authorized to acquire by donation, exchange, or

19 purchase with funds made available by donation or appro20 priation, such lands or interests in lands as may be nec21 essary to allow for the interpretation, preservation, or res22 toration of the First Baptist Church, the St. Francis

23 Hotel, the Nicodemus School District Number 1, the Afri24 can Methodist Episcopal Church, or the Township Hall,
6

S 1720 ES

1 as described in section 103(b)(1), or any combination

2 thereof.

3 (b) LIMITATIONS.—

4 (1) ACQUISITION OF PROPERTY OWNED BY THE

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

6 the State of Kansas or a political subdivision of the

7 State of Kansas that is acquired pursuant to sub8 section (a) may only be acquired by donation.

9 (2) CONSENT OF OWNER REQUIRED.—No real

10 property may be acquired under this section without

11 the consent of the owner of the real property.

12 SEC. 106. GENERAL MANAGEMENT PLAN.

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

14 third full fiscal year beginning after the date of enactment

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

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

17 management plan for the historic site.

18 (b) CONSULTATION.—In preparing the general man19 agement plan, the Secretary shall consult with an appro20 priate official of each of the following:

21 (1) The Nicodemus Historical Society.

22 (2) The Kansas Historical Society.

23 (3) Appropriate political subdivisions of the

24 State of Kansas that have jurisdiction over all or a

25 portion of the historic site.
7

S 1720 ES

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

2 completion of the general management plan, the Secretary

3 shall submit a copy of the plan to—

4 (1) the Committee on Energy and Natural Re5 sources of the Senate; and

6 (2) the Committee on Resources of the House

7 of Representatives.

8 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated to the De10 partment of the Interior such sums as are necessary to

11 carry out this title.

12 TITLE II—NEW BEDFORD NA13 TIONAL HISTORIC LANDMARK

14 DISTRICT

15 SEC. 201. FINDINGS AND PURPOSES.

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

17 (1) the New Bedford National Historic Land18 mark District and associated historic sites as de19 scribed in section 203(b) of this title, including the

20 Schooner Ernestina, are National Historic Land21 marks and are listed on the National Register of

22 Historic Places as historic sites associated with the

23 history of whaling in the United States;

24 (2) the city of New Bedford was the 19th cen25 tury capital of the world’s whaling industry and re-
8

S 1720 ES

1 tains significant architectural features, archival ma2 terials, and museum collections illustrative of this

3 period;

4 (3) New Bedford’s historic resources provide

5 unique opportunities for illustrating and interpreting

6 the whaling industry’s contribution to the economic,

7 social, and environmental history of the United

8 States and provide opportunities for public use and

9 enjoyment; and

10 (4) the National Park System presently con11 tains no sites commemorating whaling and its con12 tribution to American history.

13 (b) PURPOSES.—The purposes of this title are—

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

15 resources within the areas described in section

16 203(b) of this title, including architecture, setting,

17 and associated archival and museum collections;

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

19 and with local historical, cultural, and preservation

20 organizations to further the purposes of the park es21 tablished under this title; and

22 (3) to provide opportunities for the inspirational

23 benefit and education of the American people.

24 SEC. 202. DEFINITIONS.

25 For the purposes of this title:
9

S 1720 ES

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

2 Whaling National Historical Park established by sec3 tion 203.

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

5 of the Interior.

6 SEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL

7 PARK.

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

9 benefit and inspiration of the people of the United States

10 as a national historical park certain districts structures,

11 and relics located in New Bedford, Massachusetts, and as12 sociated with the history of whaling and related social and

13 economic themes in America, there is established the New

14 Bedford Whaling National Historical Park.

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

16 shall be those generally depicted on the map numbered

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

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

19 appropriate offices of the National Park Service. In case

20 of any conflict between the descriptions set forth in sub21 paragraphs (A) through (D) and such map, such map

22 shall govern. The park 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
10

S 1720 ES

1 listed within the National Register of Historic Places

2 and in the Massachusetts State Register of Historic

3 Places.

4 (B) The National Historic Landmark Schooner

5 Ernestina, with its home port in New Bedford.

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

7 New Bedford National Historic Landmark District

8 over to the east side of MacArthur Drive from the

9 Route 6 overpass on the north to an extension of

10 School Street on the south.

11 (D) The land north of Elm Street in New Bed12 ford, bounded by Acushnet Avenue on the west,

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

14 the east, and Elm Street on the south.

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

16 to in paragraph (1) , the Secretary may assist in the inter17 pretation and preservation of each of the following:

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

19 (B) Waterfront Park, immediately south of land

20 adjacent to the State Pier.

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

22 Museum, located at 396 County Street.

23 (D) The Wharfinger Building, located on Piers

24 3 and 4.
11

S 1720 ES

1 (E) The Bourne Counting House, located on

2 Merrill’s Wharf.

3 SEC. 204. ADMINISTRATION OF PARK.

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

5 the Secretary in accordance with this title and the provi6 sions of law generally applicable to units of the national

7 park system, including the Act entitled ‘‘An Act to estab8 lish a National Park Service, and for other purposes’’, ap9 proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2,

10 3, and 4) and the Act of August 21, 1935 (49 Stat. 666;

11 16 U.S.C. 461–467).

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

13 may consult and enter into cooperative agreements with

14 interested entities and individuals to provide for the pres15 ervation, development, interpretation, and use of the park.

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

17 a cooperative agreement under this subsection shall be

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

19 of the project so assisted for purposes contrary to the pur20 poses of this title, as determined by the Secretary, shall

21 result in a right of the United States to reimbursement

22 of all funds made available to such project or the propor23 tion of the increased value of the project attributable to

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

25 use, or disposal, whichever is greater.
12

S 1720 ES

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

2 Funds authorized to be appropriated to the Secretary for

3 the purposes of—

4 (A) cooperative agreements under subsection

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

6 Federal funds for each four dollars of funds contrib7 uted by non-Federal sources; and

8 (B) construction, restoration, and rehabilitation

9 of visitor and interpretive facilities (other than an10 nual operation and maintenance costs) shall be ex11 pended in the ratio of one dollar of Federal funds

12 for each one dollar of funds contributed by non-Fed13 eral sources.

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

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

16 utilize for purposes of this title, any money so contributed.

17 With the approval of the Secretary, any donation of prop18 erty, services, or goods from a non-Federal source may

19 be considered as a contribution of funds from a non-Fed20 eral source for the purposes of this subsection.

21 (d) ACQUISITION OF REAL PROPERTY.—For the pur22 poses of the park, the Secretary may acquire only by dona23 tion lands, interests in lands, and improvements thereon

24 within the park.
13

S 1720 ES

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

2 Secretary may accept donated funds, property, and serv3 ices to carry out this title.

4 SEC. 205. GENERAL MANAGEMENT PLAN.

5 Not later than the end of the second fiscal year begin6 ning after the date of enactment of this Act, the Secretary

7 shall submit to the Committee on Resources of the House

8 of Representatives and the Committee on Energy and

9 Natural Resources of the Senate a general management

10 plan for the park and shall implement such plan as soon

11 as practically possible. The plan shall be prepared in ac12 cordance with section 12(b) of the Act of August 18, 1970

13 (16 U.S.C. 1a–7(b)) and other applicable law.

14 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

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

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

17 as may be necessary to carry out annual operations and

18 maintenance with respect to the park.

19 (b) EXCEPTIONS.—In carrying out this title—

20 (1) not more than $2,000,000 may be appro21 priated for construction, restoration, and rehabilita22 tion of visitor and interpretive facilities, and direc23 tional and visitor orientation signage;
14

S 1720 ES

1 (2) none of the funds authorized to be appro2 priated by this title may be used for the operation

3 or maintenance of the Schooner Ernestina; and

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

5 funds may be used for interpretive and educational

6 programs for the Schooner Ernestina pursuant to

7 cooperative grants under section 204(b).

Passed the Senate May 2, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1720

AN ACT

and the New Bedford National Historic Landmark.

To establish the Nicodemus National Historic Site