I 

113TH CONGRESS 

1ST SESSION H. R. 788 

To authorize the Secretary of the Interior to enter into an agreement with 

the Battery Conservancy to construct and operate a performance facility 

at Castle Clinton National Monument, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2013 

Mr. NADLER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To authorize the Secretary of the Interior to enter into 

an agreement with the Battery Conservancy to construct 

and operate a performance facility at Castle Clinton National Monument, 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 ‘‘Castle Clinton Na5 tional Monument and Battery Castle Clinton National 

6 Monument and Battery Conservancy Partnership Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, acting through the Di3 rector of the National Park Service. 

4 (2) BATTERY CONSERVANCY.—The term ‘‘Bat5 tery Conservancy’’ means the battery Conservancy of 

6 New York City, New York, a 501(c)(3) organization, 

7 or a successor not-for-profit organization. 

8 (3) MONUMENT.—The term ‘‘Monument’’ 

9 means the Castle Clinton National Monument in 

10 New York City, New York. 

11 (4) FACILITY.—The term ‘‘Facility’’ means the 

12 proposed performance facility and associated struc13 tures and fixtures described in the 1997 General 

14 Management Pan for the Castle Clinton National 

15 Monument. 

16 SEC. 3. AGREEMENT. 

17 (a) IN GENERAL.—The Secretary is authorized to 

18 enter into one or more agreements with the Battery Con19 servancy providing for the design, construction, mainte20 nance, and operation of the Facility. 

21 (b) TERMS AND CONDITIONS.—Any agreement en22 tered into under subsection (a) shall assure that— 

23 (1) the Battery Conservancy is solely respon24 sible for all costs of design and construction of the 

25 Facility; 


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1 (2) the Battery Conservancy is solely respon2 sible for all costs of operating and maintaining the 

3 Facility, except as may be otherwise agreed to by 

4 the Secretary;

5 (3) the Battery Conservancy shall reimburse 

6 the National Park Service for all National Park 

7 Service costs incurred in association with the Bat8 tery Conservancy’s activities at the Facility, includ9 ing the cost of providing security, utilities, and in10 spections; 

11 (4) the Battery Conservancy may conduct, or 

12 allow others to conduct, performances and edu13 cational programs at the Facility, as the Secretary 

14 determines appropriate; 

15 (5) the Battery Conservancy may sell perform16 ance tickets and conduct related revenue-generating 

17 activities at the Monument such as sales of food, 

18 beverages, and merchandise in such a manner and 

19 at such rates as the Secretary determines appro20 priate; 

21 (6) any proceeds received by the Battery Con22 servancy from the revenue-generating activities de23 scribed in this subsection shall be, as determined by 

24 the Secretary in consultation with the Battery Con25 servancy— 


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1 (A) used by the Battery Conservancy for 

2 operation and maintenance of the Facility; 

3 (B) held in reserve, in an interest-bearing 

4 account, by the Battery Conservancy to pay fu5 ture operational and maintenance costs; 

6 (C) used by the Battery Conservancy for 

7 other Monument-related activities; or 

8 (D) transferred to the National Park Serv9 ice for use in operating, maintaining, enhanc10 ing, or interpreting the Monument; 

11 (7) the National Park Service has exclusive use 

12 of the Facility during normal Monument operating 

13 hours, except as otherwise agreed to by the Sec14 retary; and 

15 (8) the resources of the Monument, and the 

16 public interest, are protected through any terms and 

17 conditions that the Secretary deems necessary. 

18 SEC. 4. RETENTION OF FUNDS FOR PARK PURPOSES. 

19 The Secretary is authorized to retain and use until 

20 expended, without further appropriation, any funds that 

21 are received by the Secretary from the Battery Conser22 vancy in accordance with this Act, for the purposes of op23 erating, maintaining, enhancing, or interpreting the 

24 Monument. 


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1 SEC. 5. INTERPRETIVE AND EDUCATIONAL PROGRAMS. 

2 Notwithstanding the Federal Grant and Cooperative 

3 Agreement Act of 1977 (31 U.S.C. 6301–6308), the Sec4 retary may enter into a cooperative agreement with the 

5 Battery Conservancy for interpretive and educational pro6 gramming related to the Monument, which may include 

7 operation and maintenance costs of the Facility related to 

8 such programming. 

9 SEC. 6. OWNERSHIP AND ADMINISTRATION OF FACILITY. 

10 (a) OWNERSHIP.—The Facility shall be owned by the 

11 United States and at no time shall the Battery Conser12 vancy have any ownership interest, leasehold interest, or 

13 other right or interest in the Facility. 

14 (b) ADMINISTRATION.—The Facility shall be admin15 istered by the National Park Service as part of the Monu16 ment and shall be subject to all laws, regulations, and poli17 cies applicable to the Monument except as otherwise pro18 vided this Act. 

Æ 


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